Work Health and Safety Regulation 2025 (NSW)
The numbering of provisions of this regulation closely corresponds to the same numbering of regulations in model regulations prepared for and approved by the Council of Australian Governments. To maximise uniformity between this regulation and the model regulations, the numbers of some provisions in the model regulations that are not relevant have not been used in the numbering of provisions of this regulation, unless required for provisions particular to the State.
Adoption of the numbering of the model regulations also results in alphanumeric numbering to insert further provisions particular to the State. For example, see sections 288A–288D.
This regulation is the Work Health and Safety Regulation 2025.
This regulation commences as follows—
(a) for Part 8A.4—on 1 October 2025,
(b) otherwise—on the day on which this regulation is published on the NSW legislation website.
This regulation repeals and replaces the Work Health and Safety Regulation 2017, which would otherwise be repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).
*****
The Model Work Health and Safety Regulations contain a provision dealing with authorising provisions of legislation.
*****
The Model Work Health and Safety Regulations contain a provision dealing with the repeal of existing regulations.
In this regulation—
(a) a person who is accredited under Part 4.5 to conduct assessments, or
(b) the regulator.
The ADG Code is accessible at control means a method of work, a process or a procedure designed to minimise risk, but does not include—
(a) an engineering control, or
(b) the use of personal protective equipment.
(a) a miniature train and railway system owned and operated by a model railway society, club or association, or
(b) a ride or device that is used as a form of transport and that is, in relation to its use for that purpose, regulated under another Act or an Act of the Commonwealth, or
(c) a boat or flotation device—
(i) that is solely propelled by a person who is in or on the boat or device, and
(ii) that is not attached to any mechanical elements or equipment outside the boat or device, and that does not rely on an artificial flow of water to move, or
(d) plant specifically designed for a sporting, professional stunt, theatrical or acrobatic purpose or activity, or
(e) a coin-operated or token-operated device that—
(i) is intended to be ridden, at the one time, by not more than 4 children who must be below the age of 10 years, and
(ii) is usually located in a shopping centre or similar public location, and
(iii) does not necessarily have an operator.
(a) is formed into a particular shape or design during manufacture, and
(b) has hazard properties and a function that are wholly or partly dependent on the shape or design.
(a) work involving the removal of asbestos or ACM, or
(b) for Part 8.10—Class A asbestos removal work or Class B asbestos removal work.
(a) the measurement and evaluation of a substance, or its metabolites, in the body tissue, fluids or exhaled air of a person exposed to the substance, or
(b) blood lead level monitoring.
(a) a vessel, or an arrangement of vessels and interconnecting parts, in which steam or vapour is generated or in which water or other liquid is heated at a pressure above that of the atmosphere by the application of fire, the products of combustion, electrical power or similar high temperature means, and
(b) the superheaters, reheaters, economisers, boiler piping, supports, mountings, valves, gauges, fittings, controls, boiler setting and other equipment directly associated with those vessels,
but does not include—
(c) except in Schedules 3 and 4—a fully flooded or pressurised system where water or another liquid is heated to a temperature lower than the normal atmospheric boiling temperature of the liquid, or
(d) for Parts 5.2 and 5.3 and Schedules 3 and 4—a boiler designed or manufactured to the following codes—
(i) AMBSC Part 1—Australian Miniature Boiler Safety Committee Code for Copper Boilers,
(ii) AMBSC Part 2—Australian Miniature Boiler Safety Committee Code for Steel Boilers,
(iii) AMBSC Part 3—Australian Miniature Boiler Safety Committee Code for Sub-Miniature Boilers,
(iv) AMBSC Part 4—Australian Miniature Boiler Safety Committee Code for Duplex Steel Boilers, or
(e) for Schedules 3 and 4—
(i) a direct fired process heater, or
(ii) boilers with less than 5m
2 heating surface or 150 kW output, or(iii) unattended boilers certified in compliance with AS 2593–2004, Boilers—Safety management and supervision systems.
(a) consists of a bridge beam or beams that are mounted to end carriages at each end, and
(b) is capable of travelling along elevated runways, and
(c) has one or more hoisting mechanisms arranged to traverse across the bridge.
(a) in a container with a capacity of more than 500L or net mass of more than 500kg, or
(b) if the hazardous chemical is a solid—an undivided quantity of more than 500kg.
(a) a statement of attainment issued by an RTO stating that the person to whom it is issued has successfully completed the specified VET course, or
(b) for high risk work—a notice of satisfactory assessment stating that the person to whom it is issued has successfully completed the specified VET course, or
(c) an equivalent statement or notice issued by a corresponding RTO.
This definition is a NSW provision.
(a) for high risk work, a class of work specified in Schedule 3,
(b) for asbestos removal work, Class A asbestos removal work or Class B asbestos removal work,
(c) for licensed demolition work, a class of work specified in the definition of
licensed demolition work , paragraph (a) or (b),(d) for traffic control work, a class of work specified in the definition of
traffic control work , paragraph (a), (b) or (c).
Paragraphs (c) and (d) are NSW provisions.
(a) suspended in air or settle out of the atmosphere under their own weight, and
(b) able to burn or glow in air, and
(c) able to form an explosive mixture with air at atmospheric pressure and normal temperature.
wood, paper, oil, iron filings
(a) for electrical work on energised electrical equipment or energised electrical installations, other than testing referred to in sections 150 and 165—a person who is authorised under the Home Building Act 1989 to do electrical wiring work,
(b) for general diving work—see sections 174 and 177,
(c) for a major inspection of a mobile crane or a tower crane under section 235—see section 235,
(d) for an inspection of an amusement device or passenger ropeway under section 241—see section 241,
(e) for design verification under section 252—a person who has the skills, qualifications, competence and experience to design the plant or verify the design,
(f) for a clearance inspection under section 473—a person who has acquired through training or experience the knowledge and skills of relevant asbestos removal industry practice and holds—
(i) a certification in relation to the specified VET course for asbestos assessor work, or
(ii) a tertiary qualification in occupational health and safety, occupational hygiene, science, building, construction or environmental health,
(g) otherwise—a person who has acquired through training, qualification or experience the knowledge and skills to carry out the task.
(a) is not designed or intended primarily to be occupied by a person, and
(b) is, or is designed or intended to be, at normal atmospheric pressure while a person is in the space, and
(c) is or is likely to be a risk to health and safety from—
(i) an atmosphere that does not have a safe oxygen level, or
(ii) contaminants, including airborne gases, vapours and dusts, that may cause injury from fire or explosion, or
(iii) harmful concentrations of airborne contaminants, or
(iv) engulfment.
(a) is packed or repacked primarily for use by a household consumer or for use in an office, and
(b) if the thing is packed or repacked primarily for use by a household consumer—is packed in the way and quantity in which it is intended to be used by a household consumer, and
(c) if the thing is packed or repacked primarily for use in an office—is packed in the way and quantity in which it is intended to be used for office work.
(a) an endless belt, rope or chain or other similar means, or
(b) buckets, trays or other containers or fittings moved by an endless belt, rope, chain or similar means, or
(c) a rotating screw, or
(d) a vibration or walking beam, or
(e) a powered roller conveyor if the rollers are driven by an endless belt, rope or chain or other similar means.
Part 1 of Schedule 9 sets out when a hazardous chemical is correctly classified.
This definition is a NSW provision.
This definition is a NSW provision.
This definition is a NSW provision.
This definition is a NSW provision.
This definition is a NSW provision.
This definition is a NSW provision.
(a) an industrial lift truck,
(b) earthmoving machinery,
(c) an amusement device,
(d) a tractor,
(e) an industrial robot,
(f) a conveyor,
(g) building maintenance equipment,
(h) a suspended scaffold,
(i) a lift.
(a) was issued within the past 12 months, and
(b) has not expired or been revoked.
This definition is a NSW provision.
(a) the dismantling of formwork, falsework, or other structures designed or used to give support, access or containment during construction work, or
(b) the removal of power, light or telecommunication poles.
(a) guyed, a guy derrick, or held by backstays, a stiff legged derrick, and
(b) capable of luffing under load.
(a) is displayed on a mobile phone or other electronic device using software approved for that purpose by the regulator, and
(b) includes the information required by this regulation to be shown on a digital general construction induction training card.
(a) the application of slinging techniques, including the selection and inspection of lifting gear, to safely sling a load, or
(b) the directing of a plant operator in the movement of a load when the load is out of the operator’s view.
(a) an energy services corporation within the meaning of the Energy Services Corporations Act 1995, and
(b) a network operator within the meaning of the Electricity Supply Act 1995, and
(c) the Transport Asset Manager of New South Wales constituted by the Transport Administration Act 1988, Part 2, and
(d) Sydney Trains, and
(e) Sydney Metro, and
(f) Transport for NSW, and
(g) the Water Administration Ministerial Corporation constituted by section 371 of the Water Management Act 2000.
(a) the Ambulance Service of NSW within the meaning of the Health Services Act 1997, Chapter 5A,
(b) Fire and Rescue NSW,
(c) the NSW Rural Fire Service,
(d) the NSW Police Force,
(e) the State Emergency Service,
(f) the NSW Volunteer Rescue Association Inc,
(g) the New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,
(h) an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.
(a) the Ambulance Service of NSW within the meaning of the Health Services Act 1997,
(b) Fire and Rescue NSW,
(c) the NSW Rural Fire Service,
(d) the NSW Police Force,
(e) the State Emergency Service,
(f) the NSW Volunteer Rescue Association Inc,
(g) the New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,
(h) an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.
(a) gas, water, sewerage, telecommunications, electricity and similar services, or
(b) chemicals, fuel and refrigerant in pipes or lines.
(a) a mine, or
(b) a bore to which the Water Act 1912 applies, or
(c) a trench for use as a place of interment.
(a) make an excavation, or
(b) fill or partly fill an excavation.
This definition is a NSW provision.
an industrial safety net, a catch platform or a safety harness system, other than a system that relies entirely on a restraint technique system
This definition is a NSW provision.
(a) is one or more of the following—
(i) a flammable gas,
(ii) a flammable liquid (hazard category 1 to 3),
(iii) a flammable solid,
(iv) a substance liable to spontaneous combustion,
(v) a substance which, in contact with water, emits flammable gases,
(vi) an oxidizing substance,
(vii) an organic peroxide, and
(b) burns readily or supports combustion.
(a) is in a powder form or can be crumbled, pulverised or reduced to a powder by hand pressure when dry, and
(b) contains asbestos.
(a) consists of a bridge beam or beams supported at one or both ends by legs mounted to end carriages, and
(b) is capable of travelling on supporting surfaces or deck levels, whether fixed or not, and
(c) has a crab with one or more hoisting units arranged to travel across the bridge.
(a) not more than 3000L water capacity and is without openings or integral attachments on the shell other than at the ends, and
(b) designed for the storage and transport of gas under pressure, and
(c) covered by AS 2030.1–2009, Gas cylinders, Part 1:General requirements.
(a) for Part 6.5, Division 2—a general construction induction training card issued under that division, or
(b) otherwise—a general construction induction training card issued—
(i) under Part 6.5, Division 2 or under a corresponding WHS law, or
(ii) by an RTO under an agreement between the regulator and an RTO or a corresponding regulator and an RTO, or
(iii) as a digital general construction induction training card issued under Part 6.5, Division 2A.
(a) incidental diving work, and
(b) limited scientific diving work.
The Schedule 6 tables replace some tables in the GHS.
The Schedule 6 tables replace some tables in GHS 3.
(a) an explosive gas is present in the atmosphere in a quantity that requires special precautions to be taken for the construction, installation and use of plant, or
(b) a combustible dust is present, or could reasonably be expected to be present, in the atmosphere in a quantity that requires special precautions to be taken for the construction, installation and use of plant.
(a) acute toxicity—oral—category 5,
(b) acute toxicity—dermal—category 5,
(c) acute toxicity—inhalation—category 5,
(d) skin corrosion/irritation—category 3,
(e) aspiration hazard—category 2,
(f) flammable gas—category 2,
(g) acute hazard to the aquatic environment—category 1, 2 or 3,
(h) chronic hazard to the aquatic environment—category 1, 2, 3 or 4,
(i) hazardous to the ozone layer.
The Schedule 6 tables replace some tables in the GHS.
(a) repetitive or sustained force,
(b) high or sudden force,
(c) repetitive movement,
(d) sustained or awkward posture,
(e) exposure to vibration.
a task requiring a person to restrain live animals
a task requiring a person to lift or move loads that are unstable or unbalanced or are difficult to grasp or hold
a task requiring a person to sort objects on a conveyor belt
(a) was manufactured before 1952, and
(b) is used for a historical purpose or activity, including an activity that is ancillary to a historical activity.
(a) carried out in or under water or another liquid while breathing compressed gas, and
(b) involving one or more of the following—
(i) construction work,
Notes— Subparagraph (ii) includes some additional construction-related activities.
For construction work generally, see Chapter 6. For the meaning of
construction work , see section 289.(ii) work of the kind described in section 289(3)(d),
(iii) inspection work carried out to determine whether or not work described in subparagraph (i) or (ii) is necessary,
(iv) the recovery or salvage of a large structure or large item of plant for commercial purposes.
(a) is incidental to the conduct of the business or undertaking in which the diving work is carried out, and
Example— Acting underwater is incidental to the business or undertaking of filming.
(b) involves limited diving.
(a) not involved in the removal of the asbestos in relation to which the inspection or monitoring is conducted, and
(b) not involved in a business or undertaking involved in the removal of the asbestos in relation to which the inspection or monitoring is conducted.
(a) is supplied to, or stored at, a workplace in containers that are not opened at the workplace, and
(b) is not used at the workplace, and
(c) is kept at the workplace for not more than 5 consecutive days.
(a) for a high risk work licence—the person who is licensed to carry out the work, or
(b) for an asbestos assessor licence—the person who is licensed—
(i) to carry out air monitoring during Class A asbestos removal work, and
(ii) to carry out clearance inspections of Class A asbestos removal work, and
(iii) to issue clearance certificates in relation to Class A asbestos removal work, or
(c) for an asbestos removal licence—the person conducting the business or undertaking to whom the licence is granted, or
(d) for a major hazard facility licence—the operator of the major hazard facility to whom the licence is granted or transferred, or
(e) for a demolition licence—the person conducting the business or undertaking to whom the licence is granted.
Paragraph (e) is a NSW provision.
This definition is a NSW provision.
(a) a chairlift and stairway lift, and
(b) a supporting structure, machinery, equipment, gear, lift well, enclosures and entrances.
(a) diving to a depth below 30m,
(b) the need for a decompression stop,
(c) the use of mechanical lifting equipment or a buoyancy lifting device,
(d) diving beneath anything that would require the diver to move sideways before being able to ascend,
(e) the use of plant that is powered from the surface,
(f) diving for more than 28 days during a period of 6 months.
(a) is carried out for professional scientific research, natural resource management or scientific research as an educational activity, and
(b) involves only limited diving.
This definition is a NSW provision.
(a) at which Schedule 15 chemicals are present or likely to be present in a quantity that exceeds their threshold quantity, or
(b) that is determined by the regulator under Part 9.2 to be a major hazard facility.
See Schedule 12 for what a manifest must contain.
(a) consists of a car, bucket or platform cantilevered from, and travelling up and down outside, a face of the support of a structure, and
(b) is used for hoisting things and substances but not persons.
This definition is a NSW provision.
Non-friable asbestos may become friable asbestos through deterioration—see definition of
(a) an articulated mobile crane, or
(b) a locomotive crane.
(a) a capacity not exceeding 500L, or
(b) a net mass not exceeding 500kg.
(a) attached to or supported by a moving rope, or
(b) attached to a moving rope but supported by a standing rope or other overhead structure,
including, in relation to the powered ropeway, the prime mover, associated transmission machinery and any supporting structure and equipment, but does not include the following—
(c) a cog railway,
(d) a cable car running on rails,
(e) a flying fox or similar device,
(f) an elevating system for vehicles or boat style carriers associated with amusement devices,
Example— an elevating system for a log ride or boat flume ride
(g) a winding system in a mine.
(a) that is a cantilever hoist, a tower hoist or several winches configured to operate as a hoist, and
(b) that is intended to carry goods, materials or people.
(a) displayed or intended for display in a prominent place, or next to a container or storage area for hazardous chemicals at a workplace, and
(b) that contains information about the hazardous chemical stored in the container or storage area.
(a) the adverse effects of exposure to a hazardous chemical, or
(b) improper handling of a hazardous chemical.
(a) a sensing system that uses one or more forms of radiation either self-generated or otherwise generated by pressure, and
(b) the interface between the final switching devices of the sensing system and the machine primary control elements, and
(c) the machine stopping capabilities, by which the presence of a person or part of a person within the sensing field will cause the dangerous parts of a machine to be brought to a safe state.
(a) means an assembly of pipes, pipe fittings, valves and pipe accessories subject to internal or external pressure and used to contain or convey fluid or to transmit fluid pressure, and
(b) includes distribution headers, bolting, gaskets, pipe supports and pressure containing accessories, and
(c) does not include—
(i) a boiler or pressure vessel, or
(ii) piping that is regulated under the Gas Supply Act 1996, the Petroleum (Offshore) Act 1982 or the Pipelines Act 1967.
(a) means a vessel subject to internal or external pressure, and
(b) includes—
(i) interconnected parts and components, valves, gauges and other fittings up to the first point of connection to connecting piping, and
(ii) fired heaters, and
(iii) gas cylinders, and
(c) does not include a boiler or pressure piping.
(a) listed in Schedule 10, table 10.1, column 2, and
(b) present in a concentration of—
(i) for a solid or liquid—0.1% or more, determined as a weight/weight (w/w) concentration, and
(ii) for a gas—0.1% or more, determined as a volume/volume (v/v) concentration.
(a) an existing workplace that is to become a facility due to the introduction of Schedule 15 chemicals, or
(b) a facility that is being designed or constructed.
(a) an existing facility or other workplace that is to become a major hazard facility due to the introduction of Schedule 15 chemicals or the addition of further Schedule 15 chemicals, or
(b) a major hazard facility that is being designed or constructed.
(a) for a hazardous chemical that is not a liquid or a gas or a gas under pressure and is in a container or storage or handling system—the mass in kilograms of the hazardous chemical in the container or storage or handling system, and
(b) for a hazardous chemical that is a liquid and is not a gas under pressure and is in a container or storage or handling system—the net capacity in litres of the container or storage or handling system, and
(c) for a hazardous chemical that is a gas or gas under pressure in a container or storage or handling system—the water capacity in litres of the container or storage or handling system, and
(d) for a hazardous chemical that is not a liquid and is in bulk and not in a container—the undivided mass in kilograms, and
(e) for a hazardous chemical that is a thing and is not a gas—the net capacity of the part of the thing that comprises a hazardous chemical.
(a) is listed as a registered training organisation on the National Register established under the National Vocational Education and Training Regulator Act 2011 of the Commonwealth, and
(b) has entered into an agreement with the regulator to deliver training and conduct assessments.
This definition is a NSW provision.
This definition is a NSW provision.
This definition is a NSW provision.
(a) is manufactured in a laboratory for genuine research, and
(b) is not for use or supply for a purpose other than analysis or genuine research.
(a) is less than 3 micrometres wide, and
(b) more than 5 micrometres long, and
(c) has a length to width ratio of more than 3:1.
(a) listed in Schedule 10, table 10.2, column 2 for a use listed in column 3, and
(b) present in a concentration of—
(i) for a solid or liquid—0.1% or more, determined as a weight/weight (w/w) concentration, and
(ii) for a gas—0.1% or more, determined as a volume/volume (v/v) concentration.
This definition is a NSW provision.
(a) the use of mechanical load shifting equipment and associated gear to move, place or secure a load using plant, equipment or members of a structure to ensure the stability of the members, or
(b) the setting up or dismantling of cranes or hoists.
(a) in relation to electrical work on energised electrical equipment—a safe work method statement prepared under section 161,
(b) in relation to high risk construction work—a safe work method statement referred to in section 299, as revised under section 302.
(a) is specified in Schedule 15, table 15.1, or
(b) belongs to a class, type or category of hazardous chemicals specified in Schedule 15, table 15.2.
(a) that is not disassembled into a tower element and a boom or jib element in the normal course of use, and
(b) where the erection and dismantling processes are an inherent part of the crane’s function.
(a) with the same—
(i) diameter, and
(ii) configuration, and
(iii) nominal thickness, and
(iv) materials, and
(v) openings, and
(vi) attachments, and
(b) that are produced—
(i) in series, and
(ii) in a way and a quantity that allows for the use of statistical methods for quality control.
This definition is a NSW provision.
(a) a front end loader, or
(b) a backhoe, or
(c) an excavator, or
(d) other earth moving equipment.
(a) in relation to general construction induction training—the VET course Work Safely in the Construction Industry or a corresponding subsequent VET accredited course, or
(b) in relation to Class A asbestos removal work—the VET course Remove friable asbestos, or
(c) in relation to Class B asbestos removal work—the VET course Remove non friable asbestos, or
(d) in relation to the supervision of asbestos removal work—the VET course Supervise asbestos removal, or
(e) in relation to asbestos assessor work—the VET course Conduct air monitoring and clearance inspections for asbestos removal work, or
(f) in relation to high risk work—the relevant VET course specified in Schedule 4.
(a) including an additive necessary to preserve the stability of the element or compound and an impurity deriving from the process, but
(b) excluding a solvent that may be separated without affecting the stability of the element or compound, or changing its composition.
(a) ordinarily used in commerce, regulations and codes to identify a substance or mixture, other than an International Union of Pure and Applied Chemistry or Chemical Abstracts Service name, and
(b) recognised by the scientific community.
(a) a fixed, mobile or suspended scaffold, or
(b) an elevating work platform, or
(c) a mast climbing work platform, or
(d) a work box supported by a crane, hoist, forklift truck or other form of mechanical plant, or
(e) building maintenance equipment, including a building maintenance unit, or
(f) a portable or mobile fabricated platform, or
(g) another temporary platform that—
(i) provides a working area, and
(ii) is designed to prevent a fall.
(a) the threshold quantity of a specific hazardous chemical as determined under section 3 of Schedule 15, or
(b) the aggregate threshold quantity of 2 or more hazardous chemicals as determined under section 4 of Schedule 15.
(a) a boom crane or a jib crane mounted on a tower structure, and
(b) for Schedule 3—
(i) the crane, if a jib crane, may be a horizontal or luffing jib type, and
(ii) the tower structure may be demountable or permanent, and
(iii) does not include a self-erecting tower crane.
This definition is a NSW provision.
(a) the length of which is greater than its width and greater than or equal to its depth, and
(b) that commences at and extends below the surface of the ground, and
(c) that is open to the surface along its length.
(a) is approximately horizontal, and
(b) commences at the surface of the ground or at an excavation.
This definition is a NSW provision.
This definition is a NSW provision.
This definition is a NSW provision.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
*****
Not required in NSW.
For paragraph (b) of the definition of
The regulator may make a determination for the definition of
For the Act, section 5(6), a strata title body corporate that is responsible for a common area used only for residential purposes may be taken not to be a person conducting a business or undertaking in relation to the premises.
Subsection (1) does not apply if the strata title body corporate engages a worker as an employee.
For the Act, section 5(6), an incorporated association may be taken not to be a person conducting a business or undertaking if the incorporated association consists of a group of volunteers working together for one or more community purposes if—
(a) the incorporated association, either alone or jointly with another similar incorporated association, does not employ a person to carry out work for the incorporated association, and
(b) none of the volunteers, whether alone or jointly with other volunteers, employs a person to carry out work for the incorporated association.
In this section,
For the Act, section 6(3)(b), a supply of a thing does not include the supply of a thing by a person who does not control the supply and has no authority to make decisions about the supply.
an auctioneer who auctions a thing without having possession of the thing
a real estate agent acting in the agent’s capacity as a real estate agent
If a note at the foot of a provision of this regulation states “WHS Act” followed by a reference to a section number of the Act, the provision sets out the way in which a person’s duty or obligation under that section of the Act must be performed in relation to the matters and to the extent set out in the provision.
A failure to comply with a duty or obligation under a section of the Act referred to in a “WHS Act” note is an offence to which a penalty applies.
The following provisions of the Act are excluded from the operation of the Act, Schedule 1—
(a) Part 5, Divisions 2–8,
(b) Part 6,
(c) Part 7.
For the Act, Schedule 1, clause 6, definition of
For subsection (1A), dangerous goods listed in section 328(1A), the Table have the same meaning as they have in the ADG Code.
For the Act, Schedule 1, clause 6, definition of
(a) boilers categorised as hazard level A, B or C according to criteria specified in section 2.1 of AS 4343:2014, Pressure equipment—Hazard levels,
(b) pressure vessels categorised as hazard level A, B or C according to criteria specified in section 2.1 of AS 4343:2014, Pressure equipment—Hazard levels, excluding—
(i) LP gas fuel vessels for automotive use, and
(ii) serially produced vessels,
(c) lifts, escalators and travelators,
(d) amusement devices specified in section 2.1 of AS 3533.1-2009, Amusement rides and devices, Part 1:Design and construction, excluding the following—
(i) class 1 devices,
(ii) playground equipment,
(iii) water slides,
(iv) machines used to generate waves,
(v) sealed inflatable devices,
(vi) inflatable devices that do not use a non-return valve,
(e) gas cylinders.
Subsections (1A)–(1C) are NSW provisions.
A duty imposed on a person under a provision of this regulation in relation to health and safety does not limit or affect a duty the person has under the Act or, unless otherwise expressly provided, another provision of this regulation.
If this regulation requires an assessment of risks to health and safety associated with a hazard, task, thing or circumstance, an assessment of risks associated with a class of hazards, tasks, things or circumstances may be conducted if—
(a) all hazards, tasks, things or circumstances in the class are the same, and
(b) the assessment of risks for the class does not result in a worker or other person being exposed to a greater, additional or different risk to health and safety than if the risk assessment were carried out in relation to each individual hazard, task, thing or circumstance.
A reference to a document applied, adopted or incorporated by, or referred to in, this regulation must be read as a reference to the document as in force when the document is applied, adopted, incorporated or referred to unless express provision is made to the contrary.
If a provision of a document applied, adopted or incorporated by, or referred to in, this regulation is inconsistent with a provision in this regulation, the provision of this regulation prevails.
In this regulation, a reference consisting of the words “Australian Standard” or the letters “AS” followed in either case by a number or a number accompanied by a reference to a calendar year is a reference to the standard so numbered published by or on behalf of Standards Australia.
In this regulation, a reference consisting of the expression “Australian/New Zealand Standard” or “AS/NZS” followed in either case by a number or a number accompanied by a reference to a calendar year is a reference to the standard so numbered published jointly by or on behalf of Standards Australia and the Standards Council of New Zealand.
A person is only required to comply with an Australian Standard or Australian/New Zealand Standard that is applied, adopted or incorporated by, or referred to in, this regulation to the extent this regulation provides, whether expressly or by necessary implication.
For example, in section 5(1), definition of
The reference to an Australian Standard in this case is part of a description of equipment excluded from the definition of boiler. As a result, the equipment is not covered by particular provisions of this regulation relating to high risk work.
Negotiations for and determination of work groups and variations of work groups must be directed at ensuring that the workers are grouped in a way that—
(a) most effectively and conveniently enables the interests of the workers, in relation to work health and safety, to be represented, and
(b) has regard to the need for a health and safety representative for the work group to be readily accessible to each worker in the work group.
A work group may be determined for workers at more than one workplace, the Act, section 51(3), or for workers carrying out work for 2 or more persons conducting businesses or undertakings at one or more workplaces, the Act, Part 5, Division 3, Subdivision 3.
For the Act, sections 52(6) and 56(4), negotiations for and determination of work groups and variation of agreements concerning work groups must take into account all relevant matters, including the following—
(a) the number of workers,
(b) the views of workers in relation to the determination and variation of work groups,
(c) the nature of each type of work carried out by the workers,
(d) the number and grouping of workers who carry out the same or similar types of work,
(e) the areas or places where each type of work is carried out,
(f) the extent to which a worker must move from place to place while at work,
(g) the diversity of workers and their work,
(h) the nature of hazards at the workplace or workplaces,
(i) the nature of risks to health and safety at the workplace or workplaces,
(j) the nature of the engagement of each worker, for example as an employee or as a contractor,
(k) the pattern of work carried out by workers, for example whether the work is full time, part time, casual or short term,
(l) the times at which work is carried out,
(m) arrangements at the workplace or workplaces relating to overtime or shift work.
This section sets out minimum procedural requirements for the election of a health and safety representative for a work group for the Act, section 61(2).
The person conducting the election must take all reasonable steps to ensure that the following procedures are complied with—
(a) each person conducting a business or undertaking in which a worker in the work group works is informed of the date on which the election is to be held as soon as practicable after the date is determined,
(b) all workers in the work group are given an opportunity to—
(i) nominate for the position of health and safety representative, and
(ii) vote in the election,
(c) all workers in the work group and all relevant persons conducting a business or undertaking are informed of the outcome of the election.
A person conducting a business or undertaking at a workplace must not unreasonably delay the election of a health and safety representative.
Maximum penalty—
(a) for an individual—43 penalty units, or
(b) for a body corporate—217 penalty units.
For the Act, section 64(2)(d), the majority of the members of a work group may remove a health and safety representative for the work group if the members sign a written declaration that the health and safety representative should no longer represent the work group.
A member of the work group nominated by the members who signed the declaration must, as soon as practicable—
(a) inform the following persons of the removal of the health and safety representative—
(i) the health and safety representative who has been removed,
(ii) each person conducting a business or undertaking in which a worker in the work group works, and
(b) take all reasonable steps to inform all members of the work group of the removal.
The removal of the health and safety representative takes effect when the persons referred to in subsection (2)(a) and the majority of members of the work group have been informed of the removal.
*****
Not adopted in NSW.
For the Act, section 72(1), a health and safety representative is entitled to attend the following courses of training in work health and safety—
(a) an initial course of training of 5 days,
(b) 1 day’s refresher training each year, with the entitlement to the first refresher training commencing 1 year after the initial training.
In approving a course of training in work health and safety for the Act, section 72(1), the regulator may have regard to relevant matters, including—
(a) the content and quality of the curriculum, including its relevance to the powers and functions of a health and safety representative, and
(b) the qualifications, knowledge and experience of the person who is to give the course.
This section prescribes courses of training to which a health and safety representative is entitled. In addition to these courses, the health and safety representative and the person conducting the business or undertaking may agree that the representative will attend or receive further training.
This section sets out minimum requirements for an agreed procedure for issue resolution at a workplace.
The agreed procedure for issue resolution at a workplace must include the steps set out in section 23.
A person conducting a business or undertaking at a workplace must ensure that the agreed procedure for issue resolution at the workplace—
(a) complies with subsection (2), and
(b) is set out in writing, and
(c) is communicated to all workers to whom the agreed procedure applies.
Maximum penalty—
(a) for an individual—43 penalty units, or
(b) for a body corporate—217 penalty units.
This section sets out the default procedure for issue resolution for the Act, section 81(2).
A party to the issue may commence the procedure by informing each other party—
(a) that there is an issue to be resolved, and
(b) the nature and scope of the issue.
As soon as parties are informed of the issue, all parties must meet or communicate with each other to attempt to resolve the issue.
The parties must have regard to all relevant matters, including the following—
(a) the degree and immediacy of risk to workers or other persons affected by the issue,
(b) the number and location of workers and other persons affected by the issue,
(c) the measures, both temporary and permanent, that must be implemented to resolve the issue,
(d) the person who will be responsible for implementing the resolution measures.
A party may, in resolving the issue, be assisted or represented by a person nominated by the party.
If the issue is resolved, details of the issue and its resolution must, at the request of a party to the issue, be set out in a written agreement.
Under the Act,
If a written agreement is prepared all parties to the issue must be satisfied that the agreement reflects the resolution of the issue.
A copy of the written agreement must be given to—
(a) all parties to the issue, and
(b) if requested—the health and safety committee for the workplace.
To avoid doubt, nothing in this procedure prevents a worker from bringing a work health and safety issue to the attention of the worker’s health and safety representative.
For the Act, section 88, the prescribed purposes are the assessment of eligibility for, or the calculation of benefits for, a benefit or entitlement associated with the worker’s engagement, including one or more of the following—
(a) remuneration and promotion, as affected by seniority,
(b) superannuation benefits,
(c) leave entitlements,
(d) an entitlement to notice of termination of the engagement.
The prescribed training for the Act, sections 131 and 133, is training, given or approved by the regulator, in relation to the following—
(a) the right of entry requirements under the Act, Part 7,
(b) the issue resolution requirements under the Act and this regulation,
(c) the duties under, and the framework of, the Act and this regulation,
(d) the requirements for the management of risks under the Act, section 17,
(e) the meaning of
reasonably practicable as set out in the Act, section 18,(f) the relationship between the Act and this regulation and the Fair Work Act and the Industrial Relations Act 1996.
The training must include giving the participant information about the availability of guidance material published by the regulator in relation to the Act and this regulation.
For the purpose of approving training, the regulator may have regard to relevant matters, including—
(a) the content and quality of the curriculum, including its relevance to the powers and functions of a WHS permit holder, and
(b) the qualifications, knowledge and experience of the person who is to give the training.
The regulator may revoke or vary an approval under this section.
The regulator may impose conditions on an approval under this section and may vary those conditions.
A WHS entry permit must include the following—
(a) the section of the Act under which the WHS entry permit is issued,
(b) the full name of the WHS entry permit holder,
(c) the name of the union that the WHS entry permit holder represents,
(d) a statement that the WHS entry permit holder is entitled, while the WHS entry permit is in force, to exercise the rights given to the WHS entry permit holder under the Act,
(e) the date of issue of the WHS entry permit,
(f) the expiry date for the WHS entry permit,
(g) the signature of the WHS entry permit holder,
(h) any conditions on the WHS entry permit.
A notice of entry under the Act, Part 7, must—
(a) be written, and
(b) include the following—
(i) the full name of the WHS entry permit holder,
(ii) the name of the union that the WHS entry permit holder represents,
(iii) the section of the Act under which the WHS entry permit holder is entering or proposing to enter the workplace,
(iv) the name and address of the workplace entered or proposed to be entered,
(v) the date of entry or proposed entry,
(vi) the additional information and other matters required under section 28, 29 or 30, as applicable.
A notice of entry under the Act, section 119, in relation to an entry under the Act, Part 7, Division 2, must also include the following—
(a) so far as is practicable—the particulars of the suspected contravention to which the notice relates,
(b) a declaration stating—
(i) that the union is entitled to represent the industrial interests of a worker who carries out work at the workplace entered and is a member, or eligible to be a member, of the union, and
(ii) the provision in the union’s rules that entitles the union to represent the industrial interests of the worker, and
(iii) that the suspected contravention relates to, or affects, the worker.
The Act, section 130, provides that a WHS entry permit holder is not required to disclose the name of a worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.
A notice of entry under the Act, section 120, in relation to an entry under that section must also include the following—
(a) so far as is practicable—the particulars of the suspected contravention to which the notice relates,
(b) a description of the employee records and other documents, or of the classes of records and documents, directly relevant to the suspected contravention, that are proposed to be inspected,
(c) a declaration stating—
(i) that the union is entitled to represent the industrial interests of a worker who is a member, or eligible to be a member, of the union, and
(ii) the provision in the union’s rules that entitles the union to represent the industrial interests of the worker, and
(iii) that the suspected contravention relates to, or affects, the worker, and
(iv) that the records and documents proposed to be inspected relate to the contravention.
The Act, section 130, provides that a WHS entry permit holder is not required to disclose the name of a worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.
A notice of entry under the Act, section 122 in relation to an entry under section 121 must also include a declaration stating—
(a) that the union is entitled to represent the industrial interests of a worker who carries out work at the workplace proposed to be entered and is a member, or eligible to be a member, of that union, and
(b) the provision in the union’s rules that entitles the union to represent the industrial interests of that worker.
The Act, section 130, provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.
For the Act, section 151, the authorising authority must publish on its website—
(a) an up-to-date register of WHS entry permit holders, and
(b) the date on which the register was last updated.
The authorising authority in NSW is the Industrial Relations Commission—see the Act, section 4.
This part contains NSW provisions.
The regulator may authorise a person or entity to deliver an approved course of training and to assess trainees.
An application for authorisation must be—
(a) made in the way required by the regulator, and
(b) accompanied by the relevant fee.
The regulator may—
(a) refuse an application for authorisation, or
(b) grant an authorisation unconditionally or subject to conditions.
The regulator may, by written notice—
(a) suspend, cancel or vary an authorisation held by a person or entity, including by imposing a condition on the authorisation, or
(b) disqualify the person or entity from applying for an authorisation under this section.
In this section—
(a) a course of training for health and safety representatives approved in accordance with section 21,
(b) a course of training for WHS entry permits approved in accordance with section 25.
A decision to refuse to grant an authorisation, to suspend, cancel or vary an authorisation, or to disqualify a person or entity from applying for an authorisation is a reviewable decision—see section 676.
(c) Qx, Qy, [....] and Qn is the individual threshold quantity for each hazardous chemical x, y, [....] and n,
(d) a hazardous chemical is present or likely to be present in an
isolated quantity , for paragraph (b)(i), if its location at the facility is such that it cannot, on its own, act as an initiator of a major incident.
The UN number listed in Table 15.1 against the named hazardous chemical does not restrict the meaning of the name, which also applies to hazardous chemicals that fall outside the UN number.
The hazardous chemicals are too dangerous to be transported.
The hazardous chemicals are part of mixtures covered by a different UN number.
Hazardous chemicals that are covered by the listed UN numbers must be included in the quantity of the chemical named.
The quantities specified for explosives in Table 15.2 relate to the weight of explosive exclusive of packagings, casings and other non-explosive components.
If explosives of different hazard divisions are present in the same area or storage, all of the explosives must, before Table 15.2 is applied, be classified in accordance with the following table—
Div. | 1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6 |
1.1 | 1.1 | 1.1 | 1.1 | 1.1 | 1.1 | 1.1 |
1.2 | 1.1 | 1.2 | 1.1 | 1.2 | 1.1 | 1.2 |
1.3 | 1.1 | 1.1 | 1.3 | 1.3 | 1.1 | 1.3 |
1.4 | 1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6 |
1.5 | 1.1 | 1.1 | 1.1 | 1.5 | 1.5 | 1.5 |
1.6 | 1.1 | 1.2 | 1.3 | 1.6 | 1.5 | 1.6 |
Table 15.1
Column 1 | Column 2 | Column 3 | |
Item | Hazardous chemical | UN Nos included under name | Threshold quantity (tonnes) |
1 | ACETONE CYANOHYDRIN | 1541 | 20 |
2 | ACETYLENE | 1001 | 50 |
3 | ACROLEIN | 1092 | 200 |
4 | ACRYLONITRILE | 1093 | 200 |
5 | ALLYL ALCOHOL | 1098 | 20 |
6 | ALLYLAMINE | 2334 | 200 |
7 | AMMONIA, ANHYDROUS, LIQUEFIED or AMMONIA SOLUTIONS, relative density less than 0.880 at 15 degrees C in water, with more than 50% ammonia | 1005 | 200 |
8 | AMMONIUM NITRATE FERTILISERS | 2067 2068 2069 2070 | 5000 |
9 | AMMONIUM NITRATE, with not more than 0.2% combustible substances, including an organic substance calculated as carbon, to the exclusion of another added substance | 1942 | 2500 |
10 | ARSENIC PENTOXIDE, Arsenic (V) Acid and other salts | 1559 | 10 |
11 | ARSENIC TRIOXIDE, Arsenious (III) Acid and other salts | 1561 | 0.1 |
12 | ARSINE | 2188 | 1.0 |
13 | BROMINE or BROMINE SOLUTIONS | 1744 | 100 |
14 | CARBON DISULFIDE | 1131 | 200 |
15 | CHLORINE | 1017 | 25 |
16 | DIOXINS | — | 0.1 |
17 | ETHYL NITRATE | — | 50 |
18 | ETHYLENE DIBROMIDE | 1605 | 50 |
19 | ETHYLENE OXIDE | 1040 | 50 |
20 | ETHYLENEIMINE | 1185 | 50 |
21 | FLUORINE | 1045 | 25 |
22 | FORMALDEHYDE (greater than 90%) | — | 50 |
23 | HYDROFLUORIC ACID SOLUTION (greater than 50%) | 1790 | 50 |
24 | HYDROGEN | 1049 | 50 |
25 | HYDROGEN CHLORIDE | ||
—Anhydrous | 1050 | 250 | |
—Refrigerated Liquid | 2186 | 250 | |
26 | HYDROGEN CYANIDE | 1051 1614 | 20 |
27 | HYDROGEN FLUORIDE | 1052 | 50 |
28 | HYDROGEN SULFIDE | 1053 | 50 |
29 | LP GASES | 1011 1012 1075 1077 1978 | 200 |
30 | METHANE or NATURAL GAS | 1971 1972 | 200 |
31 | METHYL BROMIDE | 1062 | 200 |
32 | METHYL ISOCYANATE | 2480 | 0.15 |
33 | OXIDES OF NITROGEN, including nitrous oxide, nitrogen dioxide and nitrogen trioxide | 1067 1070 1660 1975 2201 2421 | 50 |
34 | OXYGEN | 1072 1073 | 2000 |
35 | PHOSGENE | 1076 | 0.75 |
36 | PROPYLENE OXIDE | 1280 | 50 |
37 | PROPYLENEIMINE | 1921 | 200 |
38 | SODIUM CHLORATE, solid | 1495 | 200 |
39 | SULFUR DICHLORIDE | 1828 | 1 |
40 | SULFUR DIOXIDE, LIQUEFIED | 1079 | 200 |
41 | SULFURIC ANHYDRIDE (Alt. SULFUR TRIOXIDE) | 1829 | 75 |
42 | TITANIUM TETRACHLORIDE | 1838 | 500 |
43 | TOLUENE DIISOCYANATE | 2078 | 200 |
Table 15.2
Column 1 | Column 2 | Column 3 | |
Item | Hazardous chemical | Description | Threshold quantity (tonnes) |
1 | Explosive materials | Explosive of Division 1.1A | 10 |
All other explosives of Division 1.1 | 50 | ||
Explosive of Division 1.2 | 200 | ||
Explosive of Division 1.3 | 200 | ||
2 | Compressed and liquefied gases | Compressed or liquefied gases of Division 2.1 or Subsidiary Hazard 2.1 | 200 |
Liquefied gases of Subsidiary Hazard 5 | 200 | ||
Compressed or liquefied gases that meet the criteria for Very Toxic in Table 15.3 | 20 | ||
Compressed or liquefied gases that meet the criteria for Toxic in Table 15.3 | 200 | ||
3 | Flammable materials | Liquids that meet the criteria for Class 3 Packing Group I Materials (except for crude oil in remote locations) | 200 |
Crude oil in remote locations that meets the criteria for Class 3 Packing Group I | 2,000 | ||
Liquids that meet the criteria for Class 3 Packing Group II or III | 50,000 | ||
Liquids with flash points <61°C kept above their boiling points at ambient conditions | 200 | ||
Materials that meet the criteria for Division 4.1 Packing Group I | 200 | ||
Spontaneously combustible materials that meet the criteria for Division 4.2 Packing Group I or II | 200 | ||
Materials that liberate flammable gases or react violently on contact with water which meet the criteria for Division 4.3 Packing Group I or II | 200 | ||
Materials that belong to Classes 3 or 8 Packing Group I or II which have Hazchem codes of 4WE (materials that react violently with water) | 500 | ||
4 | Oxidising materials | Oxidising material listed in Appendix A to the ADG Code | 50 |
Oxidising materials that meet the criteria for Division 5.1 Packing Group I or II | 200 | ||
5 | Peroxides | Peroxides that are listed in Appendix A to the ADG Code | 50 |
Organic Peroxides that meet the criteria for Division 5.2 | 200 | ||
6 | Toxic solids and liquids | Materials that meet the criteria for Very Toxic in Table 15.3 except materials that are classified as Infectious Substances (Division 6.2) or as Radioactive (Class 7) | 20 |
Materials that meet the criteria for Toxic in Table 15.3 | 200 |
Table 15.3 Criteria for toxicity
Description | Oral Toxicity | Dermal Toxicity | Inhalation Toxicity |
Very Toxic | LD50≤ 5 | LD50≤ 40 | LC50≤ 0.5 |
Toxic | 5 < LD50≤ 50 | 40 < LD50≤ 200 | 0.5 < LC50≤ 2 |
In rats
In rats or rabbits
4 hours in rats
section 557
The location of the facility, including the street address and nearest intersection.
Sufficient detail must be provided to enable a person not familiar with the site to find it.
A map—
(a) showing the site of the major hazard facility, and
(b) showing land use and occupancy in the surrounding area and other closely located major hazard facilities and hazardous chemical storage sites, and
(c) identifying all potentially hazardous inventories in the area known to the operator and the location of all staging points for emergency service organisations.
An inventory of all hazardous chemicals present or likely to be present at the facility and their location.
A brief description of the nature of the facility and its operation.
The maximum number of persons, including workers, likely to be present at the facility on a normal working day.
The emergency planning assumptions, including emergency measures planned for identified incidents and likely areas affected.
The protective resources available to control an incident.
The emergency response procedures.
The infrastructure, on-site and off-site, likely to be affected by a major incident.
The command philosophy and structure to be activated in an emergency, so it is clear what actions will be taken, who will take these actions and how, when and where they will be taken.
Details of the person who can clarify the content of the emergency plan if necessary.
The contact details of, and the means of contacting, the persons at the facility responsible for liaising with emergency service organisations.
A list of 24-hour emergency contacts.
Arrangements for assisting emergency service organisations and nearby facilities with control actions taken in the surrounding area.
In the event of the occurrence of a major incident or an event that could reasonably be expected to lead to a major incident, procedures for notifying the emergency service organisations with which the emergency plan was prepared under this regulation, section 557.
After a major incident has occurred, procedures for providing the local community and the local authority for the local authority area in which the facility and the surrounding area are located with information about the major incident under this regulation, section 573.
On-site and off-site warning systems.
Contact details for emergency service organisations and other support services that can assist in providing resources and implementing evacuation plans in the event of a major incident.
On-site communication systems.
On-site emergency resources, including emergency equipment, personnel, gas detectors, wind velocity detectors, sand, lime, neutralising agents, absorbents, spill bins and decontamination equipment.
Off-site emergency resources, including arrangements for obtaining additional external resources, specific to the likely major incidents, to assist the control of major incidents and major incident hazards.
Procedures for the safe evacuation of, and accounting for, all people on site.
Procedures and control points for utilities, including gas, water and electricity.
Procedures for the control of an incident involving Schedule 15 chemicals.
Procedures for decontamination following an incident involving Schedule 15 chemicals.
section 558
A description of the means by which the operator’s safety policy and specific safety objectives are to be communicated to all persons who are to participate in the implementation of the safety management system.
The safety policy must include an express commitment to ongoing improvement of all aspects of the safety management system.
The identification, according to position description and location, of the persons who are to participate in the implementation of the safety management system, a description of the command structure in which the persons work and of the specific tasks and responsibilities allocated to them.
A description of the means of ensuring the persons have the knowledge and skills necessary to enable them to undertake their allocated tasks and discharge their allocated responsibilities and that they retain the knowledge and skills.
A description of the procedures and instructions for—
(a) the safe operation of plant, including as to inspection and maintenance, and
(b) the mechanical integrity of plant, and
(c) plant processes, and
(d) the control of abnormal operations and emergency shut down or decommissioning.
Provision of adequate means of achieving isolation of the major hazard facility or a part of the major hazard facility in an emergency.
Provision of adequate means of gaining access for service and maintenance of the major hazard facility or a part of the major hazard facility.
A description of the roles of persons and of the interfaces between persons and plant.
Provision for alarm systems.
A description of the means by which the operator proposes to comply with the Act and with this regulation, Part 9.3, Division 3, Part 9.4 and Part 9.5.
In relation to each part of the documented safety management system that describes the means of compliance with a provision of Chapter 9, an annotation or cross-reference identifying the specific provision being complied with.
A description of the procedures for planning modifications to major hazard facilities.
A statement of the principles, especially the design principles and engineering standards, being used to ensure the safe operation of the major hazard facility.
A description of the technical standards, whether published or proprietary, being relied on in relation to the principles and standards.
Performance standards for measuring the effectiveness of the safety management system, that—
(a) relate to all aspects of the safety management system, and
(b) are sufficiently detailed to ensure that the ability of the operator to ensure the effectiveness of all aspects of the safety management system is apparent from the documentation, and
(c) include steps to be taken to continually improve all aspects of the safety management system.
A description of the way in which these performance standards are to be met.
Performance indicators for the effectiveness of control measures implemented, including—
(a) tests of the effectiveness of the control measures, and
(b) indicators of the failure of a control measure, and
(c) actions to be taken in reporting a failure, and
(d) other corrective actions to be taken in the event of a failure.
Provision for the auditing of performance against the performance standards, including the methods, frequency and results of the audit process.
section 561
A brief description of the nature of the facility and its operation, including a description of on-site activities and processes involving Schedule 15 chemicals.
A description of the Schedule 15 chemicals and other hazardous chemicals present or likely to be present at the facility, including—
(a) their identification by name and by the other means necessary for a clear identification, and
(b) the quantity present or likely to be present at the major hazard facility, and
(c) their physical, chemical and toxicological characteristics, and other hazardous characteristics, both immediate and delayed, and
(d) their physical and chemical behaviour under normal conditions of use or under foreseeable abnormal conditions.
A description of the chemical and physical processes associated with the Schedule 15 chemicals present or likely to be present at the facility, including—
(a) the main units of plant used in the processes, and
(b) a process flow drawing, or set of flow drawings, describing the processes.
A drawing of the major hazard facility’s general layout, containing the location of—
(a) the main process units, and
(b) the main storage areas, and
(c) major incident hazards and major incident initiators.
In relation to proposed changes at the major hazard facility for which no new control measures are implemented—
(a) a description of proposed changes to the major hazard facility that would—
(i) alter the production capacity or profile of the major hazard facility, or
(ii) involve the deletion, addition or modification of one or more processes, and
(b) a statement as to how existing control measures and WHS management systems are capable of maintaining the safe operation of the major hazard facility.
A detailed scale plan of the facility and its surrounding area showing—
(a) the location of the facility within the surrounding area, and
(b) topographical information, and
(c) land use, occupancy and activities in the surrounding area and other closely located major hazard facilities and hazardous chemical storage sites, and
(d) the location of identified external conditions, including other major hazard facilities or other facilities that could affect the safety of the major hazard facility.
Graphically presented demographic information for the local community, including surrounding land uses permitted by the local authority.
Meteorological data relevant to the estimation of the effects of a major incident.
A detailed description of—
(a) the instrumentation and other equipment installed in the facility and the processes and procedures in place that are control measures to be implemented by the operator, and
(b) the critical operating parameters for the control measures, and
(c) key personnel and resources, internal and external, available to intervene in the event of a failure of a control measure, whether or not the failure results in a major incident, and
(d) a summary of the emergency plan, including specific information about how the plan can be expected to limit the consequences of a major incident, and
(e) the means of ensuring there is at all times in place a command structure for the major hazard facility that applies in the event of an emergency, and that this command structure has been communicated to workers throughout the major hazard facility.
In item 3.1—
(a) if the control measure is a positive action or event—the non-occurrence or the defective occurrence of the action or event, or
(b) if the control measure consists of a limitation on an operational activity, process or procedure—the breach of the limitation.
A detailed description of the performance standards and performance indicators required by Schedule 17, item 7 to be included in the safety management system.
At all points in the safety case where the matter addressed is covered by the safety management system, a clear reference to the relevant part of the documented safety management system.
A description of the parts of the documented safety management system that address the ongoing effective implementation and ongoing review and revision of the safety management system.
A description of the steps taken to ensure safety and reliability are incorporated into the design and construction of all aspects of the major hazard facility itself, whether the operator is directly engaged in the design and construction or has engaged another person to carry out the design and construction.
A summary of the major incidents that have occurred at the major hazard facility over the previous 5 years.
This schedule is a NSW provision.
For the Act, section 243—
(a) each offence created by a provision specified in this schedule is an offence for which a penalty notice may be issued, and
(b) the amount payable for the penalty notice is the amount specified opposite the provision.
If the provision is qualified by words restricting its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—
(a) the limited kind of offence, or
(b) an offence committed in the limited circumstances.
For the Act, section 243(6)(a), a police officer is an authorised officer for an offence under this regulation, sections 184R or 184S(2).
Offences under the Act
Provision | Penalty—individuals | Penalty—body corporates |
Section 38(1) | $2,500 | $12,500 |
Sections 38(7), 75(1), 97(1) and (2), 210(1) and (2) and 273 | $750 | $3,750 |
Sections 39(1), 45, 46, 47(1), 155(5) and 268(1) and (2) | $1,500 | $7,450 |
Sections 41, 42(1), and (2), 44(1) and (2), 52(5), 56(2), 61(4), 70(1) and (2), 71(2), 72(7), 79(1), (3) and (4), 99(2), 144(1), 145, 146, 165(2), 171(6), 177(2) and (6), 200(1) and 273A(2) | $900 | $4,500 |
Section 43(1) and (2) | $4,000 | $20,000 |
Sections 53(1) and (2), 57(1) and (2), and 74(1) | $300 | $1,500 |
Sections 123, 124, 125, 126, 128 and 185(4) | $900 | – |
Section 193 | $2,250 | $11,250 |
Offences under this regulation
Provision | Penalty—individuals | Penalty—body corporates |
Sections 22(3), 46(2)–(4), 50(3), 66(2) and (5), 68(1), 77(5), 85(1)–(3), 149(1), 150(1) and (2), 165(1), 182(4), 184B, 184C(1), 213(1), 224(1) and (2), 253, 254, 295(1), 296, 298(1), 301, 302, 303(3), 304(2)–(4), 308, 312, 313(3), 316, 344(6), 346(3), 347(3), 372(1), 387(2), 388(2) and (3), 403(1), 409(1), 415(2), 425(1) and (2), 426, 427(1) and (2), 429(5), 432(5), 438(1) and (2), 446(1) and (3), 451(5), 464(3), 465(1)–(3), 466(1) and (3), 482(3), 529, 529CC(3), 529G(2), 529H(1), 529I(2), 529J, 557(8), 560 and 567(4) | $550 | $2,700 |
Sections 40, 41(1) and (2), 42(1) and (2), 44(2) and (4), 48(2), 49, 50(1), 55(2), 65, 67(1) and (4), 69, 72(1) and (2), 142AA, 142B, 142C(1), 154, 155(1) and (2), 156, 159, 160, 164(2), 166(1) and (2), 184N, 184O(1), 184P, 184S(1), 201(2), 202(2), 208(2)–(5), 210(1), 215(4), 218(2), 238(2), 299(1), 306(1) and (3), 309(1), 329, 330(1), (3) and (4), 334, 339(1) and (3), 340(1) and (2), 341(1), 342(1), (2) and (3), 344(1), 346(1), 347(1), 349(1), 350(1), 355, 356(2), 357(1)–(3), 360, 362(2), 376, 405(1), 406, 413, 415(1), 417(3), 419(1), 434, 435(1) and (3), 437(1) and (2), 442, 449, 450, 458(1) and (3), 459, 463(1), 464(1), 468(2) and (3), 469, 471(1) and (2), 473(2), 474(2)–(4), 475(1) and (2), 476(1) and (2), 477(1), (2) and (4)–(6), 481, 483(1) and (2), 529C, 529CA(1), 529CB(1), 529CC(1) and (2), 529CD(1), 529CE, 529D, 554(1) and (3), 555(1) and (4) and 567(1)–(3) |
$900 | $4,500 | |
Sections 50(2), 76(2), 77(2)–(4), 85(4), 94(1), 96, 97, 98(1), 111, 124(1) and (2), 125(1), 126, 127(1), 139, 142(1), 142D, 143I(1), 143J, 143K(1), 143P(1), 143Q(1), 143ZD, 150(3), 165(2), 170, 175(1)–(3), 180, 181(2)–(4), 182(2), (3) and (5), 184J(1) and (2), 184Q(1)–(4), 226(1), (3) and (4), 228, 229(1) and (2), 230(1)–(3), 237(2), (4) and (5), 260(3)–(5), 262(1), 273(3) and (4), 275(1), 282(1), 287, 288(1), 303(1), (2) and (4), 304(5), 313(1), (2) and (4), 326(1) and (2), 378(1) and (2), 390(2) and (3), 391(3), 418(1) and (2), 423(2), 444(1) and (2), 445(3) and (4), 461(1) and (2), 505(1), 506(1), 507(1), 512, 513(1), 525, 529CA(4), 529CD(2) and (3), 572(4), 587(1), 588(1), 593, 594(1) and 607 | $200 | $900 |
Sections 78(3) and (4), 79(2), 80(2)–(4) and 225(2)–(5) | $1,750 | $8,750 |
Sections 184R and 184S(2) | $200 | — |
Work Health and Safety Regulation 2025 (440). LW 22.8.2025. Date of commencement, except Part 8A.4, on publication on LW, sec 2(b); date of commencement of Part 8A.4, 1.10.2025, sec 2(a). This Regulation has been amended as follows—
(536) | Work Health and Safety Amendment Regulation 2025. LW 3.10.2025. Date of commencement, on publication on LW, sec 2. |
Sec 7 | Am 2025 (536), Sch 1[1]. |
Sec 142A | Am 2025 (536), Sch 1[2]. |
Sec 142AA | Ins 2025 (536), Sch 1[3]. |
Sec 184N | Am 2025 (536), Sch 1[4]. |
Sec 676 | Am 2025 (536), Sch 1[5]. |
Sch 6 | Am 2025 (536), Sch 1[6]. |
Sch 13 | Am 2025 (536), Sch 1[7]. |
Sch 18A | Am 2025 (536), Sch 1[8]–[12]. |
0
0
0