Work Health and Safety Regulations 2022 (TAS)

Work Health and Safety Regulations 2022

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Work Health and Safety Act 2012 .21 November 2022

B. BAKER

Governor

By Her Excellency’s Command,

ELISE ARCHER

Minister for Workplace Safety and Consumer Affairs

Chapter 1PreliminaryPART 1.1Introductory Matters1Short titleThese regulations may be cited as the Work Health and Safety Regulations 2022. 2CommencementThese regulations take effect on 12 December 2022. 3ReservedThis regulation has been left blank so as to preserve uniformity with other jurisdictions with regard to numbering of regulations. 4ReservedThis regulation has been left blank so as to preserve uniformity with other jurisdictions with regard to numbering of regulations. 5Interpretation (1) In these regulations – abrasive blasting means propelling a stream of abrasive material at high speed against a surface using compressed air, liquid, steam, centrifugal wheels or paddles to clean, abrade, etch or otherwise change the original appearance or condition of the surface; accredited assessor means – (a) a person who is accredited under Part 4.5 to conduct assessments; or (b) the regulator; ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, approved by the Transport and Infrastructure Council, as in force or remade from time to time, and a reference in these regulations to a provision of that document extends to the corresponding provision (if any) of the document as in force or remade; administrative 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; airborne contaminant means a contaminant in the form of a fume, mist, gas, vapour or dust, and includes micro-organisms; amusement device means plant operated for hire or reward that provides entertainment, sightseeing or amusement through movement of the equipment, or part of the equipment, or when passengers or other users travel or move on, around or along the equipment, but does not include – (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 any artificial flow of water to move; or (d) any 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; article means a manufactured item, other than a fluid or particle, that – (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; asbestos means the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock forming minerals including the following: (a) actinolite asbestos; (b) grunerite (or amosite) asbestos (brown); (c) anthophyllite asbestos; (d) chrysotile asbestos (white); (e) crocidolite asbestos (blue); (f) tremolite asbestos; (g) a mixture that contains 1 or more of the minerals referred to in paragraphs (a) to (f); asbestos containing material (ACM) means any material or thing that, as part of its design, contains asbestos; asbestos-contaminated dust or debris (ACD) means dust or debris that has settled within a workplace and is, or is assumed to be, contaminated with asbestos; asbestos management plan – see regulation 429 or 432; asbestos register – see regulation 425; asbestos-related work means work involving asbestos (other than asbestos removal work to which Part 8.7 applies) that is permitted under the exceptions set out in regulation 419(3), (4) and (5); asbestos removal licence means a Class A asbestos removal licence or a Class B asbestos removal licence; asbestos removal work means – (a) work involving the removal of asbestos or ACM; or (b) in Part 8.10, Class A asbestos removal work or Class B asbestos removal work; asbestos removalist means a person conducting a business or undertaking who carries out asbestos removal work; asbestos waste means asbestos or ACM removed and disposable items used during asbestos removal work including plastic sheeting and disposable tools; biological monitoring means – (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; blood lead level means the concentration of lead in whole blood expressed in micromoles per litre (µmol/L) or micrograms per decilitre (µg/dL); blood lead level monitoring means the testing of the venous or capillary blood of a person by a laboratory accredited by NATA, under the supervision of a registered medical practitioner, to determine the blood lead level; boiler means – (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 the purposes of Parts 5.2 and 5.3 and in 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) in Schedules 3 and 4 – (i) a direct fired process heater; or (ii) boilers with less than 5 square metres heating surface or 150 kilowatt output; or (iii) unattended boilers certified in compliance with AS 2593:2021 (Boilers – Safety management and supervision systems); boom-type elevating work platform means a telescoping device, hinged device, or articulated device, or any combination of these, used to support a platform on which personnel, equipment and materials may be elevated; bridge crane means a crane that – (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 1 or more hoisting mechanisms arranged to traverse across the bridge; building maintenance equipment means a suspended platform and associated equipment, including a building maintenance unit or a swing stage, that incorporates permanently installed overhead supports to provide access to the faces of a building for maintenance, but does not include a suspended scaffold; building maintenance unit means a power operated suspended platform and associated equipment on a building specifically designed to provide permanent access to the faces of the building for maintenance; bulk, in relation to a hazardous chemical, means any quantity of a hazardous chemical that is – (a) in a container with a capacity exceeding 500 litres or net mass of more than 500 kilograms; or (b) if the hazardous chemical is a solid, an undivided quantity exceeding 500 kilograms; capacity, of a container (in Chapter 7 ), means the internal volume of the container at a temperature of 15o C expressed in litres; card holder means the person to whom a general construction induction training card is issued; certificate of medical fitness means a certificate of medical fitness that complies with regulation 169; certification, in relation to a specified VET course, means – (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) in the case of 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; certified safety management system, in Chapter 8, means a safety management system that complies with AS ISO 45001:2018 (Occupational health and safety management systems), or an equivalent system determined by the regulator; chemical identity means a name, in accordance with the nomenclature systems of the International Union of Pure and Applied Chemistry or the Chemical Abstracts Service, or a technical name, that gives a chemical a unique identity; class means the following: (a) in relation to high risk work, a class of work specified in Schedule 3; (b) in relation to asbestos removal work, Class A asbestos removal work or Class B asbestos removal work; Class A asbestos removal licence means a licence that authorises the carrying out of Class A asbestos removal work and Class B asbestos removal work by or on behalf of the licence holder; Class A asbestos removal work means work that is required to be licensed under regulation 485; Class B asbestos removal licence means a licence that authorises the carrying out of Class B asbestos removal work by or on behalf of the licence holder; Class B asbestos removal work means work that is required to be licensed under regulation 487, but does not include Class A asbestos removal work; class label means a pictogram described in the ADG Code for a class, or division of a class, of dangerous goods; clearance certificate – see regulation 474; clearance inspection – see regulation 473; combustible dust means finely divided solid particles (including dust, fibres or flyings), that are – (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; combustible substance means a substance that is combustible, and includes dust, fibres, fumes, mists or vapours produced by the substance;

Examples

Wood, paper, oil, iron filings.

competency assessment, in Part 4.5, means an assessment in relation to the completion of a specified VET course to carry out a class of high risk work; competent person means the following: (a) for electrical work on energised electrical equipment or energised electrical installations (other than testing referred to in regulations 150 and 165 ), a person who – (i) holds an electrical practitioner’s licence within the meaning of the Occupational Licensing (Electrical Work) Regulations 2018; or (ii) is otherwise permitted under the Occupational Licensing Act 2005 to undertake electrical work which is prescribed work under that Act; (b) for general diving work, see regulations 174 and 177; (c) for a major inspection of mobile cranes and tower cranes under regulation 235, see regulation 235; (d) for inspection of amusement devices and passenger ropeways under regulation 241, see regulation 241; (e) for design verification under regulation 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 regulation 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) for any other case, a person who has acquired through training, qualification or experience the knowledge and skills to carry out the task; concrete placing boom means plant incorporating an articulating boom, capable of power operated slewing and luffing to place concrete by way of pumping through a pipeline attached to, or forming part of, the boom of the plant; confined space means an enclosed or partially enclosed space that – (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 any 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 any airborne contaminants; or (iv) engulfment – but does not include a mine shaft or the workings of a mine; confined space entry permit means a confined space entry permit issued under regulation 67; construction project – see regulation 292; construction work – see regulation 289; consumer product means a thing that – (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; container, in relation to a hazardous chemical, means anything in or by which a hazardous chemical is, or has been, wholly or partly covered, enclosed or packed, including anything necessary for the container to perform its function as a container; contaminant means any substance that may be harmful to health or safety; [Regulation 5 Subregulation (1) amended by S.R. 2024, No. 36, Applied:01 Sep 2024] controlled, in relation to processing of a CSS – see regulation 529B; control measure, in relation to risk to health and safety, means a measure to eliminate or minimise the risk; conveyor means equipment or apparatus operated by power other than manual power and by which loads are raised, lowered or transported or capable of being raised, lowered, transported, or continuously driven, by – (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 – and includes the superstructure, gear and auxiliary equipment used in connection with that equipment or apparatus; correct classification means the set of hazard classes and hazard categories assigned to a hazardous chemical when it is correctly classified;

Note

Part 1 of Schedule 9 sets out when a hazardous chemical is correctly classified.

crane means an appliance intended for raising or lowering a load and moving it horizontally including the supporting structure of the crane and its foundations, but does not include any of the following: (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; [Regulation 5 Subregulation (1) amended by S.R. 2024, No. 36, Applied:01 Sep 2024] crystalline silica – see regulation 529A; [Regulation 5 Subregulation (1) amended by S.R. 2024, No. 36, Applied:01 Sep 2024] crystalline silica substance (CSS) – see regulation 529A; current certificate of medical fitness means a certificate of medical fitness that – (a) was issued within the past 12 months; and (b) has not expired or been revoked; dangerous goods – see regulation 10(1A); demolition work means work to demolish or dismantle a structure, or part of a structure that is loadbearing or otherwise related to the physical integrity of the structure, but does not include – (a) the dismantling of formwork, falsework, or other structures designed or used to provide support, access or containment during construction work; or (b) the removal of power, light or telecommunication poles; derrick crane means a slewing strut-boom crane with its boom pivoted at the base of a mast that is – (a) guyed (guy-derrick) or held by backstays (stiff-legged derrick); and (b) capable of luffing under load; designer, in relation to plant, a substance or a structure, has the same meaning as it has in section 22 of the Act; determined major hazard facility means a facility that has been determined under regulation 541 or 542 to be a major hazard facility; direct fired process heater means an arrangement of 1 or more coils, located in the radiant zone or convection zone, or both, of a combustion chamber, the primary purpose of which is to raise the temperature of a process fluid circulated through the coils, to allow distillation, fractionalism, reaction or other petrochemical processing of the process fluid, whether that fluid is liquid or gas, or a combination of liquid and gas; dogging work means – (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; duty holder, in Part 3.1, means a person referred to in regulation 32; EANx, in Part 4.8, means a mixture of oxygen and nitrogen in which the volume of oxygen is at least 22%; earthmoving machinery means operator controlled plant used to excavate, load, transport, compact or spread earth, overburden, rubble, spoil, aggregate or similar material, but does not include a tractor or industrial lift truck; electrical equipment – see regulation 144 (and regulation 148 for Division 3 of Part 4.7 ); electrical installation – see regulation 145 (and regulation 148 for Division 3 of Part 4.7 ); electrical risk means risk to a person of death, shock or other injury caused directly or indirectly by electricity; electrical work – see regulation 146; electricity supply authority means a person who holds a licence under the Electricity Supply Industry Act 1995 authorising the transmission or distribution of electricity; emergency service organisation means the following: (a) the State Emergency Service within the meaning of the Emergency Management Act 2006; (b) Ambulance Tasmania established under the Ambulance Service Act 1982; (c) the Tasmania Fire Service established under the Fire Service Act 1979; (d) the Police Service; emergency service worker means a member of an emergency service organisation, whether for payment or other consideration or as a volunteer; [Regulation 5 Subregulation (1) amended by S.R. 2024, No. 30, Applied:01 Jul 2024] engineered stone see regulation 529A(1); engineering control means a control measure that is physical in nature, including a mechanical device or process; entry, by a person into a confined space, means the person’s head or upper body is in the confined space or within the boundary of the confined space; essential services means the supply of – (a) gas, water, sewerage, telecommunications, electricity and similar services; or (b) chemicals, fuel and refrigerant in pipes or lines; excavation means a trench, tunnel or shaft, but does not include – (a) a mine; or (b) a bore to which the Water Management Act 1999 applies; or (c) a trench for use as a place of interment; excavation work means work to – (a) make an excavation; or (b) fill or partly fill an excavation; exposure standard, except in Part 4.1, means an exposure standard in the Workplace Exposure Standard for Airborne Contaminants dated 16 December 2019, as in force or remade from time to time; exposure standard for noise – see regulation 56; external review means an external review under Part 11.1; extra-low voltage means voltage that does not exceed 50 volts alternating current (50V AC) or 120 volts ripple-free direct current (120V ripple-free DC); facility, in Chapter 9, means a workplace at which Schedule 15 chemicals are present or likely to be present; fall arrest system means plant or material designed to arrest a fall;

Example

An industrial safety net, a catch platform, a safety harness system (other than a system that relies entirely on a restraint technique system).

fault, in relation to plant, means a break or defect that may cause the plant to present a risk to health and safety; female of reproductive capacity, in Part 7.2, means a female other than a female who provides information stating that she is not of reproductive capacity; fire risk hazardous chemical means a hazardous chemical that – (a) is any 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; fitness criteria, in relation to diving work, means the fitness criteria specified in clause M4 of Appendix M to AS/NZS 2299.1:2015 (Occupational diving operations – Standard operational practice); flammable gas has the same meaning as it has in the GHS; flammable liquid means a flammable liquid within the meaning of the GHS that has a flash point of less than 93o C; forklift truck, in Schedules 3 and 4, means a powered industrial truck equipped with lifting media made up of a mast and an elevating load carriage to which is attached a pair of fork arms or other arms that can be raised 900mm or more above the ground, but does not include a pedestrian-operated truck or a pallet truck; friable asbestos means material that – (a) is in a powder form or that can be crumbled, pulverised or reduced to a powder by hand pressure when dry; and (b) contains asbestos; gantry crane means a crane that – (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 1 or more hoisting units arranged to travel across the bridge; gas cylinder means a rigid vessel – (a) that does not exceed 3 000 litres water capacity and is without openings or integral attachments on the shell other than at the ends; and (b) that is designed for the storage and transport of gas under pressure; and (c) that is covered by AS 2030.1:2009 (Gas cylinders – General requirements); general construction induction training means training delivered in Australia by an RTO for the specified VET course for general construction induction training; general construction induction training card means – (a) in Division 2 of Part 6.5, a general construction induction training card issued under that Division; or (b) in any other case, a general construction induction training card issued – (i) under Division 2 of Part 6.5 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; general construction induction training certification means a certification for the completion of the specified VET course for general construction induction training; general diving work means work carried out in or under water while breathing compressed gas, and includes – (a) incidental diving work; and (b) limited scientific diving work – but does not include high risk diving work; genuine research means systematic investigative or experimental activities that are carried out for either acquiring new knowledge (whether or not the knowledge will have a specific practical application) or creating new or improved materials, products, devices, processes or services; GHS means the Globally Harmonised System of Classification and Labelling of Chemicals, Seventh revised edition, published by the United Nations as modified under Schedule 6;

Note

The Schedule 6 tables replace some tables in the GHS.

GHS 3 means the Globally Harmonised System of Classification and Labelling of Chemicals, Third revised edition, published by the United Nations as modified under Schedule 6;

Note

The Schedule 6 tables replace some tables in GHS 3.

hazard category means a division of criteria within a hazard class in the GHS; hazard class means the nature of a physical, health or environmental hazard under the GHS; hazard pictogram means a graphical composition, including a symbol plus other graphical elements, that is assigned in the GHS to a hazard class or hazard category; hazard statement means a statement assigned in the GHS to a hazard class or hazard category describing the nature of the hazards of a hazardous chemical including, if appropriate, the degree of hazard; hazardous area means an area in which – (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; hazardous chemical means a substance, mixture or article that satisfies the criteria for any one or more hazard classes in the GHS (including a classification referred to in Schedule 6 ), unless the only hazard class or classes for which the substance, mixture or article satisfies the criteria are any one or more of the following: (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;

Note

The Schedule 6 tables replace some tables in the GHS.

hazardous manual task means a task that requires a person to lift, lower, push, pull, carry or otherwise move, hold or restrain any person, animal or thing that involves 1 or more of the following: (a) repetitive or sustained force; (b) high or sudden force; (c) repetitive movement; (d) sustained or awkward posture; (e) exposure to vibration;

Examples
1.	A task requiring a person to restrain live animals.
2.	A task requiring a person to lift or move loads that are unstable or unbalanced or are difficult to grasp or hold.
3.	A task requiring a person to sort objects on a conveyor belt.

Hazchem Code means a Hazchem Code under the ADG Code, also known as an Emergency Action Code; head or upper body means the area of a person’s body at or above the person’s shoulders; health monitoring, of a person, means monitoring the person to identify changes in the person’s health status because of exposure to certain substances; heritage boiler means a boiler that – (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;

Examples
1.	Historical activity: a historical display, parade, demonstration or re-enactment.
2.	Activity ancillary to a historical activity: restoring, maintaining, modifying, servicing, repairing or housing a boiler used, or to be used, for a historical activity.

[Regulation 5 Subregulation (1) amended by S.R. 2024, No. 36, Applied:01 Sep 2024] high risk, in relation to the processing of a CSS, means the processing of a CSS that is reasonably likely to result in a risk to the health of a person at the workplace; high risk construction work – see regulation 291; high risk diving work means work – (a) carried out in or under water or any other liquid while breathing compressed gas; and (b) involving 1 or more of the following: (i) construction work;

Notes
1.	Subparagraph (ii) includes some additional construction-related activities.
2.	For construction work generally, see Chapter 6. For the meaning of construction work, see regulation 289 .

(ii) work of the kind described in regulation 289(3)(d); (iii) inspection work carried out in order 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 – high risk work means any work set out in Schedule 3 as being within the scope of a high risk work licence; high risk work licence means any of the licences listed in Schedule 3; hoist means an appliance intended for raising or lowering a load or people, and includes an elevating work platform, a mast climbing work platform, personnel and materials hoist, scaffolding hoist and serial hoist, but does not include a lift or building maintenance equipment; ignition source means a source of energy capable of igniting flammable or combustible substances; importer, in relation to plant, a substance or a structure, has the same meaning as it has in section 24 of the Act; incidental diving work means general diving work that – (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; independent, in relation to clearance inspections and air monitoring under Chapter 8, means – (a) not involved in the removal of asbestos; and (b) not involved in a business or undertaking involved in the removal of asbestos – in relation to which the inspection or monitoring is conducted; industrial lift truck means powered mobile plant, designed to move goods, materials or equipment that is equipped with an elevating load carriage and is in the normal course of use equipped with a load-holding attachment, but does not include a mobile crane or earthmoving machinery; industrial robot means plant that is a multifunctional manipulator and its controllers, capable of handling materials, parts or tools, or specialised devices, through variable programmed motions for the performance of a variety of tasks; inflatable device (continuously blown) means an amusement device that is an inflatable device that relies on a continuous supply of air pressure to maintain its shape; in situ asbestos means asbestos or ACM fixed or installed in a structure, equipment or plant, but does not include naturally occurring asbestos; intermediate bulk container (IBC) has the same meaning as IBC has in the ADG Code; internal review means internal review under Part 11.1; in transit, in relation to a thing, means that the thing – (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; lead means lead metal, lead alloys, inorganic lead compounds and lead salts of organic acids; lead process – see regulation 392; lead process area means a workplace or part of a workplace where a lead process is carried out; lead risk work – see regulation 394; licence holder means – (a) in the case of a high risk work licence, the person who is licensed to carry out the work; or (b) in the case of 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) in the case of an asbestos removal licence, the person conducting the business or undertaking to whom the licence is granted; or (d) in the case of a major hazard facility licence, the operator of the major hazard facility to whom the licence is granted or transferred; licensed asbestos assessor means a person who holds an asbestos assessor licence; licensed asbestos removalist means a person conducting a business or undertaking who is licensed under these regulations to carry out Class A asbestos removal work or Class B asbestos removal work; licensed asbestos removal work means asbestos removal work for which a Class A asbestos removal licence or Class B asbestos removal licence is required; licensed major hazard facility means a major hazard facility that is licensed under Part 9.7; lift means plant that is, or is intended to be, permanently installed in or attached to a structure, in which people, goods or materials may be raised or lowered within a car or cage, or on a platform and the movement of which is restricted by a guide or guides, and includes – (a) a chairlift and stairway lift; and (b) any supporting structure, machinery, equipment, gear, lift well, enclosures and entrances; limited diving means diving that does not involve any of the following: (a) diving to a depth below 30 metres; (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; limited scientific diving work means general diving work that – (a) is carried out for the purpose of professional scientific research, natural resource management or scientific research as an educational activity; and (b) involves only limited diving; local authority, in relation to a facility, means the local authority for the local authority area in which the facility and the surrounding area are located; local community, in relation to a major hazard facility, means the community in the surrounding area; lower explosive limit (LEL), in relation to a flammable gas, vapour or mist, means the concentration of the gas, vapour or mist in air below which the propagation of a flame does not occur on contact with an ignition source; maintain, in relation to plant or a structure in Chapter 5, includes repair or servicing of plant or a structure; major hazard facility means a facility – (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; major hazard facility licence means a licence granted under Part 9.7 in relation to a major hazard facility; major incident – see regulation 531; major incident hazard means a hazard that could cause, or contribute to causing, a major incident; manifest means a written summary of the hazardous chemicals used, handled or stored at a workplace;

Note

See Schedule 12 (Manifest requirements) for what a manifest must contain.

manifest quantity, in relation to a Schedule 11 hazardous chemical, means the quantity referred to in Schedule 11, table 11.1, column 5 for that hazardous chemical; manufacturer, in relation to plant, a substance or a structure, has the same meaning as it has in section 23 of the Act; mast climbing work platform means a hoist with a working platform used for temporary purposes to raise personnel and materials to the working position by means of a drive system mounted on an extendable mast that may be tied to a structure; materials hoist means a hoist that – (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; membrane filter method means the membrane filter method described in the Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres [NOHSC:3003 (2005)]; mixture, in Part 7.1, means a combination of, or a solution composed of, 2 or more substances that do not react with each other; mobile crane means a crane capable of travelling over a supporting surface without the need for fixed runways and relying only on gravity for stability; modification, in relation to a facility – see regulation 534; musculoskeletal disorder means an injury to, or disease of, the musculoskeletal system, whether occurring suddenly or over time, but does not include an injury caused by crushing, entrapment or cutting resulting principally from the mechanical operation of plant; NATA means the National Association of Testing Authorities, Australia; NATA-accredited laboratory means a testing laboratory accredited by NATA, or recognised by NATA either solely or with someone else; naturally occurring asbestos means the natural geological occurrence of asbestos minerals found in association with geological deposits including rock, sediment or soil; non-friable asbestos means material containing asbestos that is not friable asbestos, including material containing asbestos fibres reinforced with a bonding compound;

Note

Non-friable asbestos may become friable asbestos through deterioration (see definition of friable asbestos).

non-slewing mobile crane means a mobile crane incorporating a boom or jib that cannot be slewed, and includes – (a) an articulated mobile crane; or (b) a locomotive crane – but does not include vehicle tow trucks; notice of satisfactory assessment means a notice stating that the person to whom it is issued has successfully completed a specified VET course; operator, in relation to a facility or a proposed facility – see regulation 533; operator protective device, includes roll-over protective structure, falling object protective structure, operator restraining device and seat belt; order-picking forklift truck, in Schedules 3 and 4, means a forklift truck where the operator’s controls are incorporated with the lifting media and elevate with the lifting media; packaged hazardous chemicals means Schedule 11 hazardous chemicals in a container with – (a) a capacity not exceeding 500 litres; or (b) a net mass not exceeding 500 kilograms; passenger ropeway means a powered ropeway used for transporting, in a horizontal or inclined plane, passengers moved by a carrier that is – (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, any associated transmission machinery and any supporting structure and equipment, but does not include any of 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.

person with management or control of plant at a workplace has the same meaning as it has in section 21 of the Act; person with management or control, of a workplace, means a person with management or control of a workplace, within the meaning of section 20 of the Act; personal protective equipment means anything used or worn by a person to minimise risk to the person’s health and safety, including air supplied respiratory equipment; personnel and materials hoist means a hoist – (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; pipeline means pipe work that crosses a boundary of a workplace, beginning or ending at the nearest fluid or slurry control point (along the axis of the pipeline) to the boundary; pipe work means a pipe or assembly of pipes, pipe fittings, valves and pipe accessories used to convey a hazardous chemical; placard means a sign or notice – (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; placard quantity, in relation to a Schedule 11 hazardous chemical, means the placard quantity referred to in Schedule 11, table 11.1, column 4 for the Schedule 11 hazardous chemical; plant, in Parts 5.2 and 5.3, includes a structure; platform height, in relation to an inflatable device (continuously blown), means the height of the highest part of the device designed to support persons using it (the platform), as measured from the surface supporting the device to the top surface of the platform when the device is inflated but unloaded; [Regulation 5 Subregulation (1) amended by S.R. 2024, No. 30, Applied:01 Jul 2024] porcelain product does not include a porcelain product that contains resin; portal boom crane means a boom crane or a jib crane that is mounted on a portal frame that, in turn, is supported on runways along which the crane travels; powered mobile plant means plant that is provided with some form of self-propulsion that is ordinarily under the direct control of an operator; precautionary statement means a phrase prescribed by the GHS that describes measures that are recommended to be taken to prevent or minimise – (a) the adverse effects of exposure to a hazardous chemical; or (b) improper handling of a hazardous chemical; presence-sensing safeguarding system includes – (a) a sensing system that uses 1 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; pressure equipment means boilers, pressure vessels and pressure piping; pressure piping – (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; but (c) does not include – (i) a boiler or pressure vessel; or (ii) any piping that is regulated under the Gas Industry Act 2019, Gas Safety Act 2019 or the Petroleum (Submerged Lands) Act 1982; pressure vessel – (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; but (c) does not include a boiler or pressure piping; primary emergency service organisation means the Tasmania Fire Service established under the Fire Service Act 1979; principal contractor, in relation to a construction project – see regulation 293; [Regulation 5 Subregulation (1) amended by S.R. 2024, No. 36, Applied:01 Sep 2024] processing, in relation to a CSS – see regulation 529A; product identifier means the name or number used to identify a product on a label or in a safety data sheet; prohibited carcinogen means a substance – (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; proposed facility means – (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; proposed major hazard facility means – (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; psychosocial hazard – see regulation 55A; psychosocial risk – see regulation 55B; quantity, in Chapter 7, means – (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; reach stacker means a powered reach stacker that incorporates an attachment for lifting and lowering a shipping container; reciprocating steam engine means equipment that is driven by steam acting on a piston causing the piston to move, and includes an expanding (steam) reciprocating engine; registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); registered training organisation (RTO) means a training organisation listed as a registered training organisation on the National Register established under the National Vocational Education and Training Regulator Act 2011 of the Commonwealth; relevant fee, in relation to a matter, means the fee specified in Schedule 2 for that matter; research chemical means a substance or mixture that – (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; respirable asbestos fibre means an asbestos fibre that – (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; restricted carcinogen means a substance – (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; retailer means a person whose principal business is supplying consumer products to members of the public who are not engaged in the further supply of those products; rigging work means – (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 those members; or (b) the setting up or dismantling of cranes or hoists; safe oxygen level means a minimum oxygen content of air of 19·5% by volume under normal atmospheric pressure and a maximum oxygen content of air of 23·5% by volume under normal atmospheric pressure; Safe Work Australia means Safe Work Australia as established under section 5 of the Safe Work Australia Act 2008 of the Commonwealth; safe work method statement means – (a) in relation to electrical work on energised electrical equipment, a safe work method statement prepared under regulation 161; and (b) in relation to high risk construction work, a safe work method statement referred to in regulation 299 (or revised under regulation 302 ); safety data sheet means a safety data sheet prepared under regulation 330 or 331; scaffold means a temporary structure specifically erected to support access or working platforms; scaffolding work means erecting, altering or dismantling a temporary structure that is or has been erected to support a platform and from which a person or object could fall more than 4 metres from the platform or the structure; Schedule 11 hazardous chemical means a hazardous chemical or combination of hazardous chemicals specified in Schedule 11, table 11.1; Schedule 15 chemical means a hazardous chemical that – (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; self-erecting tower crane means a crane – (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; shaft means a vertical or inclined way or opening, from the surface downwards or from any underground working, the dimensions of which (apart from the perimeter) are less than its depth; signal word means the word danger or warning used on a label to indicate to a label reader the relative severity level of a hazard, and to alert the reader to a potential hazard, under the GHS; [Regulation 5 Subregulation (1) amended by S.R. 2024, No. 36, Applied:01 Sep 2024] silica risk control plan means, in relation to the processing of a CSS that is high risk, a silica risk control plan prepared under regulation 529CB; [Regulation 5 Subregulation (1) amended by S.R. 2024, No. 30, Applied:01 Jul 2024] sintered stone does not include a sintered stone product that contains resin; slewing mobile crane means a mobile crane incorporating a boom or jib that can be slewed, but does not include – (a) a front-end loader; or (b) a backhoe; or (c) an excavator; or (d) other earth moving equipment – when configured for crane operation; slinging techniques means the exercising of judgement in relation to the suitability and condition of lifting gear and the method of slinging, by consideration of the nature of the load, its mass and its centre of gravity; specified VET course means – (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 asbestos assessment associated with removal; or (f) in relation to high risk work, the relevant VET course specified in Schedule 4; steam turbine means equipment that is driven by steam acting on a turbine or rotor to cause a rotary motion; structure, in Chapter 6 – see regulation 290; substance, in Part 7.1, means a chemical element or compound in its natural state or obtained or generated by a process – (a) including any additive necessary to preserve the stability of the element or compound and any impurities deriving from the process; but (b) excluding any solvent that may be separated without affecting the stability of the element or compound, or changing its composition; supplier, in relation to plant, a substance or a structure, has the same meaning as it has in section 25 of the Act; surrounding area, in relation to a facility, means the area surrounding the facility in which the health and safety of persons could potentially be adversely affected by a major incident occurring; suspended scaffold means a scaffold incorporating a suspended platform that is capable of being raised or lowered when in use; technical name, in the definition of chemical identity, means a name that is – (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; temporary work platform means – (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) any other temporary platform that – (i) provides a working area; and (ii) is designed to prevent a fall; the Act means the Work Health and Safety Act 2012; theatrical performance means acting, singing, playing a musical instrument, dancing or otherwise performing literary or artistic works or expressions of traditional custom or folklore; threshold quantity, in relation to a Schedule 15 chemical, means – (a) the threshold quantity of a specific hazardous chemical as determined under clause 3 of Schedule 15; or (b) the aggregate threshold quantity of 2 or more hazardous chemicals as determined under clause 4 of Schedule 15; tower crane means – (a) a crane that has a boom or a jib mounted on a tower structure; and (b) in 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 – but does not include a self-erecting tower crane; tractor means a motor vehicle, whether wheeled or track mounted, designed to provide power and movement to any attached machine or implement by a transmission shaft, belt or linkage system but does not include earthmoving machinery; trench means a horizontal or inclined way or opening – (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; tunnel means an underground passage or opening that – (a) is approximately horizontal; and (b) commences at the surface of the ground or at an excavation; UN number has the same meaning as it has in Attachment 2 of the ADG Code; vehicle hoist means a device to hoist vehicles designed to provide access for under-chassis examination or service; vehicle loading crane means a crane mounted on a vehicle for the purpose of loading and unloading the vehicle; VET course has the same meaning as it has in the National Vocational Education and Training Regulator Act 2011 of the Commonwealth; WHS management plan, in relation to a construction project, means a management plan prepared or revised under Part 6.4; work box means a personnel carrying device, designed to be suspended from a crane, to provide a working area for a person elevated by and working from the device; work positioning system means any plant or structure, other than a temporary work platform, that enables a person to be positioned and safely supported at a location for the duration of the relevant work being carried out. (1A) In these regulations, a reference to an authorisation that is granted or issued under a corresponding WHS law is taken to include a reference to an authorisation that is saved or preserved (however described) under a corresponding WHS law. (2) Unless the context otherwise requires – (a) a reference in these regulations to a Chapter by a number must be construed as reference to the Chapter, designated by that number, of these regulations; and (b) a reference in these regulations to a Part by a number must be construed as reference to the Part, designated by that number, of these regulations. 6Determination of safety management systemThe regulator may make a determination for the purposes of the definition of certified safety management system. 7Meaning of person conducting a business or undertaking – persons excluded (1) For the purposes of section 5(6) of the Act, a strata title body corporate that is responsible for any common areas used only for residential purposes may be taken not to be a person conducting a business or undertaking in relation to those premises. (2) Subregulation (1) does not apply if the strata title body corporate engages any worker as an employee. (3) For the purposes of section 5(6) of the Act, 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 1 or more community purposes where – (a) the incorporated association, either alone or jointly with any other similar incorporated association, does not employ any person to carry out work for the incorporated association; and (b) none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the incorporated association. (4) In this regulation, strata title body corporate means a body corporate formed under the Strata Titles Act 1998. 8Meaning of supplyFor the purposes of section 6(3)(b) of the Act, 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.

Examples
1.	An auctioneer who auctions a thing without having possession of the thing.
2.	A real estate agent acting in his or her capacity as a real estate agent.

9Provisions linked to health and safety duties in ActIf a note at the foot of a provision of these regulations states "WHS Act" followed by a reference to a section number, the regulation provision sets out the way in which a person’s duty or obligation under that section of the Act is to be performed in relation to the matters and to the extent set out in the regulation provision.

Note

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.

PART 1.2Application10Application of the Act to dangerous goods and high risk plant (1) The following provisions of the Act are excluded from the operation of Schedule 1 to the Act: (a) Divisions 2 to 8 of Part 5; (b) Part 6; (c) Part 7. (1A) Dangerous goods (within the meaning of the ADG Code) listed in column 2 of the table to regulation 328(1A) are prescribed for the purposes of Schedule 1 to the Act as dangerous goods if the quantity of the goods at a place is more than the relevant threshold for the goods referred to in column 3 of that table. 11Application of these regulationsA duty imposed on a person under a provision of these regulations in relation to health and safety does not limit or affect any duty the person has under the Act or, unless otherwise expressly provided, any other provision of these regulations. 12Assessment of risk in relation to a class of hazards, tasks, circumstances or thingsIf these regulations require 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 any 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. PART 1.3Incorporated Documents13Documents incorporated as in force when incorporatedA reference to any document applied, adopted or incorporated by, or referred to in, these regulations is to be read as a reference to that document as in force at the time the document is applied, adopted, incorporated or referred to unless express provision is made to the contrary. 14Inconsistencies between provisionsIf a provision of any document applied, adopted or incorporated by, or referred to in, these regulations is inconsistent with any provision in these regulations, the provision of these regulations prevails. 15References to standards (1) In these regulations, 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. (2) In these regulations, 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.

Note

A person is only required to comply with an Australian Standard or Australian/New Zealand Standard that is applied, adopted or incorporated by, or otherwise referred to in, a regulation to the extent the regulation provides, whether expressly or by necessary implication.

For example, in regulation 5, definition boiler, there is an exception in paragraph (e)(iii). The definition does not require a person to comply with AS 2593:2021, but equipment must be certified in compliance with AS 2593:2021 in order to fall within that particular exception.

The reference to an Australian Standard in this case is part of a description of equipment excluded from the definition boiler. As a result, the equipment is not covered by particular provisions of these regulations relating to high risk work.

Chapter 2Representation and ParticipationPART 2.1RepresentationDivision 1Work groups16Negotiations for and determination of work groupsNegotiations 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.

Note

Under the Act, a work group may be determined for workers at more than 1 workplace ( section 51(3) of the Act) or for workers carrying out work for 2 or more persons conducting businesses or undertakings at 1 or more workplaces ( Subdivision 3 of Division 3 of Part 5 of the Act).

17Matters to be taken into account in negotiationsFor the purposes of sections 52(6) and 56(4) of the Act, 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 any worker must move from place to place while at work; (g) the diversity of workers and their work; (h) the nature of any hazards at the workplace or workplaces; (i) the nature of any 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) any arrangements at the workplace or workplaces relating to overtime or shift work. Division 2Health and safety representatives18Procedures for election of health and safety representatives (1) This regulation sets out minimum procedural requirements for the election of a health and safety representative for a work group for the purposes of section 61(2) of the Act. (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. 19Person conducting business or undertaking must not delay electionA person conducting a business or undertaking at a workplace must not unreasonably delay the election of a health and safety representative.Penalty: In the case of – (a) an individual, a fine not exceeding $3 600; or (b) a body corporate, a fine not exceeding $18 000. 20Removal of health and safety representatives (1) For the purposes of section 64(2)(d) of the Act, 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. (2) 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. (3) The removal of the health and safety representative takes effect when the persons referred to in subregulation (2)(a) and the majority of members of the work group have been informed of the removal. 21Training for health and safety representatives (1) For the purposes of section 72(1) of the Act, 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 up to 5 days; (b) up to 1 day’s refresher training each year, with the entitlement to the first refresher training commencing 1 year after the initial training. (2) In approving a course of training in work health and safety for the purposes of section 72(1) of the Act, the regulator may have regard to any 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 provide the training.

Notes
1.	This regulation 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.
2.	Under the Acts Interpretation Act 1931, the power to approve a course of training includes the power to revoke or vary the approval.

PART 2.2Issue Resolution22Agreed procedure – minimum requirements (1) This regulation sets out minimum requirements for an agreed procedure for issue resolution at a workplace. (2) The agreed procedure for issue resolution at a workplace must include the steps set out in regulation 23. (3) 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 subregulation (2); and (b) is set out in writing; and (c) is communicated to all workers to whom the agreed procedure applies. Penalty: In the case of – (a) an individual, a fine not exceeding $3 600; or (b) a body corporate, a fine not exceeding $18 000. 23Default procedure (1) This regulation sets out the default procedure for issue resolution for the purposes of section 81(2) of the Act. (2) Any 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. (3) As soon as parties are informed of the issue, all parties must meet or communicate with each other to attempt to resolve the issue. (4) 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) who will be responsible for implementing the resolution measures. (5) A party may, in resolving the issue, be assisted or represented by a person nominated by the party. (6) If the issue is resolved, details of the issue and its resolution must be set out in a written agreement if any party to the issue requests this.

Note

Under the Act, parties to an issue include not only a person conducting a business or undertaking, a worker and a health and safety representative, but also representatives of these persons (see section 80 of the Act).

(7) If a written agreement is prepared all parties to the issue must be satisfied that the agreement reflects the resolution of the issue. (8) A copy of the written agreement must be given to – (a) all parties to the issue; and (b) if requested, to the health and safety committee for the workplace. (9) 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. PART 2.3Cessation of Unsafe Work24Continuity of engagement of workerFor the purposes of section 88 of the Act, the prescribed purposes are the assessment of eligibility for, or the calculation of benefits for, any benefit or entitlement associated with the worker’s engagement, including 1 or more of the following: (a) remuneration and promotion, as affected by seniority; (b) superannuation benefits; (c) leave entitlements; (d) any entitlement to notice of termination of the engagement. PART 2.4Workplace Entry by WHS Entry Permit Holders25Training requirements for WHS entry permits (1) The prescribed training for the purposes of sections 131 and 133 of the Act is training, that is provided or approved by the regulator, in relation to the following matters: (a) the right of entry requirements under Part 7 of the Act; (b) the issue resolution requirements under the Act and these regulations; (c) the duties under, and the framework of, the Act and these regulations; (d) the requirements for the management of risks under section 17 of the Act; (e) the meaning of reasonably practicable as set out in section 18 of the Act; (f) the relationship between the Act and these regulations and the Fair Work Act 2009 of the Commonwealth and the Industrial Relations Act 1984. (2) The training must include providing the participant with information about the availability of any guidance material published by the regulator in relation to the Act and these regulations. (3) For the purpose of approving training, the regulator may have regard to any 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 provide the training.

Note

Under the Acts Interpretation Act 1931, the power to approve training includes a power to revoke or vary the approval.

26Form of WHS entry permitA 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. 27Notice of entry - generalA notice of entry under Part 7 of the Act 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 regulation 28, 29 or 30 (as applicable). 28Additional requirements – entry under Part 7, Division 2A notice of entry under section 119 of the Act in relation to an entry under Part 7, Division 2 of the Act 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 that union; and (ii) the provision in the union’s rules that entitles the union to represent the industrial interests of that worker; and (iii) that the suspected contravention relates to, or affects, that worker.

Note

Section 130 of the Act 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.

29Additional requirements – entry under section 120A notice of entry under section 120 of the Act 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 that union; and (ii) the provision in the union’s rules that entitles the union to represent the industrial interests of that worker; and (iii) that the suspected contravention relates to, or affects, that worker; and (iv) that the records and documents proposed to be inspected relate to that contravention.

Note

30Additional requirements – entry under section 121A notice of entry under section 122 of the Act in relation to an entry under section 121 of the Act 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.

Note

31Register of WHS entry permit holdersFor the purposes of section 151 of the Act, the regulator 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. Chapter 3General Risk and Workplace ManagementPART 3.1Managing Risks to Health and Safety32Application of Part 3.1This Part applies to a person conducting a business or undertaking who has a duty under these regulations to manage risks to health and safety. 33Specific requirements must be complied withAny specific requirements under these regulations for the management of risk must be complied with when implementing the requirements of this Part.

Examples
1.	A requirement not to exceed an exposure standard.
2.	A duty to implement a specific control measure.
3.	A duty to assess risk.

34Duty to identify hazardsA duty holder, in managing risks to health and safety, must identify reasonably foreseeable hazards that could give rise to risks to health and safety. 35Managing risks to health and safetyA duty holder, in managing risks to health and safety, must – (a) eliminate risks to health and safety so far as is reasonably practicable; and (b) if it is not reasonably practicable to eliminate risks to health and safety, minimise those risks so far as is reasonably practicable. 36Hierarchy of control measures (1) This regulation applies if it is not reasonably practicable for a duty holder to eliminate risks to health and safety. (2) A duty holder, in minimising risks to health and safety, must implement risk control measures in accordance with this regulation. (3) The duty holder must minimise risks, so far as is reasonably practicable, by doing 1 or more of the following: (a) substituting (wholly or partly) the hazard giving rise to the risk with something that gives rise to a lesser risk; (b) isolating the hazard from any person exposed to it; (c) implementing engineering controls. (4) If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by implementing administrative controls. (5) If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by ensuring the provision and use of suitable personal protective equipment.

Note

A combination of the controls set out in this regulation may be used to minimise risks, so far as is reasonably practicable, if a single control is not sufficient for the purpose.

37Maintenance of control measuresA duty holder who implements a control measure to eliminate or minimise risks to health and safety must ensure that the control measure is, and is maintained so that it remains, effective, including by ensuring that the control measure is and remains – (a) fit for purpose; and (b) suitable for the nature and duration of the work; and (c) installed, set up and used correctly. 38Review of control measures (1) A duty holder must review and as necessary revise control measures implemented under these regulations so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety. (2) Without limiting subregulation (1), the duty holder must review and as necessary revise a control measure in the following circumstances: (a) the control measure does not control the risk it was implemented to control so far as is reasonably practicable;

Examples
1.	The results of monitoring show that the control measure does not control the risk.
2.	A notifiable incident occurs because of the risk.

(b) before a change at the workplace that is likely to give rise to a new or different risk to health or safety that the measure may not effectively control; (c) a new relevant hazard or risk is identified; (d) the results of consultation by the duty holder under the Act or these regulations indicate that a review is necessary; (e) a health and safety representative requests a review under subregulation (4). (3) Without limiting subregulation (2)(b), a change at the workplace includes – (a) a change to the workplace itself or any aspect of the work environment; or (b) a change to a system of work, a process or a procedure. (4) A health and safety representative for workers at a workplace may request a review of a control measure if the representative reasonably believes that – (a) a circumstance referred to in subregulation (2)(a), (b), (c) or (d) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and (b) the duty holder has not adequately reviewed the control measure in response to the circumstance. PART 3.2General Workplace ManagementDivision 1Information, training and instruction39Provision of information, training and instruction (1) This regulation applies for the purposes of section 19 of the Act to a person conducting a business or undertaking. (2) The person must ensure that information, training and instruction provided to a worker is suitable and adequate having regard to – (a) the nature of the work carried out by the worker; and (b) the nature of the risks associated with the work at the time the information, training or instruction is provided; and (c) the control measures implemented. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (3) The person must ensure, so far as is reasonably practicable, that the information, training and instruction provided under this regulation is provided in a way that is readily understandable by any person to whom it is provided.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. Division 2General working environment40Duty in relation to general workplace facilitiesA person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, the following: (a) the layout of the workplace allows, and the workplace is maintained so as to allow, for persons to enter and exit and to move about without risk to health and safety, both under normal working conditions and in an emergency; (b) work areas have space for work to be carried out without risk to health and safety; (c) floors and other surfaces are designed, installed and maintained to allow work to be carried out without risk to health and safety; (d) lighting enables – (i) each worker to carry out work without risk to health and safety; and (ii) persons to move within the workplace without risk to health and safety; and (iii) safe evacuation in an emergency; (e) ventilation enables workers to carry out work without risk to health and safety; (f) workers carrying out work in extremes of heat or cold are able to carry out work without risk to health and safety; (g) work in relation to or near essential services does not give rise to a risk to the health and safety of persons at the workplace. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. 41Duty to provide and maintain adequate and accessible facilities (1) A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, the provision of adequate facilities for workers, including toilets, drinking water, washing facilities and eating facilities.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (2) The person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that the facilities provided under subregulation (1) are maintained so as to be – (a) in good working order; and (b) clean, safe and accessible. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (3) For the purposes of this regulation, a person conducting a business or undertaking must have regard to all relevant matters including the following: (a) the nature of the work being carried out at the workplace; (b) the nature of the hazards at the workplace; (c) the size, location and nature of the workplace; (d) the number and composition of the workers at the workplace. Division 3First aid42Duty to provide first aid (1) A person conducting a business or undertaking at a workplace must ensure – (a) the provision of first aid equipment for the workplace; and (b) that each worker at the workplace has access to the equipment; and (c) access to facilities for the administration of first aid. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (2) A person conducting a business or undertaking at a workplace must ensure that – (a) an adequate number of workers are trained to administer first aid at the workplace; or (b) workers have access to an adequate number of other persons who have been trained to administer first aid. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (3) For the purposes of this regulation, the person conducting the business or undertaking must have regard to all relevant matters, including the following: (a) the nature of the work being carried out at the workplace; (b) the nature of the hazards at the workplace; (c) the size and location of the workplace; (d) the number and composition of the workers and other persons at the workplace. Division 4Emergency plans43Duty to prepare, maintain and implement emergency plan (1) A person conducting a business or undertaking at a workplace must ensure that an emergency plan is prepared for the workplace, that provides for the following: (a) emergency procedures, including – (i) an effective response to an emergency; and (ii) evacuation procedures; and (iii) notifying emergency service organisations at the earliest opportunity; and (iv) medical treatment and assistance; and (v) effective communication between the person authorised by the person conducting the business or undertaking to coordinate the emergency response and all persons at the workplace; (b) testing of the emergency procedures, including the frequency of testing; (c) information, training and instruction to relevant workers in relation to implementing the emergency procedures. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (2) A person conducting a business or undertaking at a workplace must maintain the emergency plan for the workplace so that it remains effective.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (3) For the purposes of subregulations (1) and (2), the person conducting the business or undertaking must have regard to all relevant matters, including the following: (a) the nature of the work being carried out at the workplace; (b) the nature of the hazards at the workplace; (c) the size and location of the workplace; (d) the number and composition of the workers and other persons at the workplace. (4) A person conducting a business or undertaking at a workplace must implement the emergency plan for the workplace in the event of an emergency.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. Division 5Personal protective equipment44Provision to workers and use of personal protective equipment (1) This regulation applies if personal protective equipment is to be used to minimise a risk to health and safety in relation to work at a workplace in accordance with regulation 36. (2) The person conducting a business or undertaking who directs the carrying out of work must provide the personal protective equipment to workers at the workplace, unless the personal protective equipment has been provided by another person conducting a business or undertaking.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000.

Example

Equipment that has been provided by a labour hire company.

(3) The person conducting the business or undertaking who directs the carrying out of work must ensure that personal protective equipment provided under subregulation (2) is – (a) selected to minimise risk to health and safety, including by ensuring that the equipment is – (i) suitable having regard to the nature of the work and any hazard associated with the work; and (ii) a suitable size and fit and reasonably comfortable for the worker who is to use or wear it; and (b) maintained, repaired or replaced so that it continues to minimise risk to the worker who uses it, including by ensuring that the equipment is – (i) clean and hygienic; and (ii) in good working order; and (c) used or worn by the worker, so far as is reasonably practicable. (4) The person conducting a business or undertaking who directs the carrying out of work must provide the worker with information, training and instruction in the – (a) proper use and wearing of personal protective equipment; and (b) the storage and maintenance of personal protective equipment. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000.

Note

A person conducting a business or undertaking must not charge or impose a levy on a worker for the provision of personal protective equipment (see section 273 of the Act).

45Personal protective equipment used by other personsThe person conducting a business or undertaking who directs the carrying out of work must ensure, so far as is reasonably practicable, that – (a) personal protective equipment to be used or worn by any person other than a worker at the workplace is capable of minimising risk to the person’s health and safety; and (b) the person uses or wears the equipment. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. 46Duties of worker (1) This regulation applies if a person conducting a business or undertaking provides a worker with personal protective equipment. (2) The worker must, so far as the worker is reasonably able, use or wear the equipment in accordance with any information, training or reasonable instruction by the person conducting the business or undertaking.Penalty: In the case of – (a) an individual, a fine not exceeding $3 600; or (b) a body corporate, a fine not exceeding $18 000. (3) The worker must not intentionally misuse or damage the equipment.Penalty: In the case of – (a) an individual, a fine not exceeding $3 600; or (b) a body corporate, a fine not exceeding $18 000. (4) The worker must inform the person conducting the business or undertaking of any damage to, defect in or need to clean or decontaminate any of the equipment of which the worker becomes aware.Penalty: In the case of – (a) an individual, a fine not exceeding $3 600; or (b) a body corporate, a fine not exceeding $18 000. 47Duty of person other than workerA person other than a worker must wear personal protective equipment at a workplace in accordance with any information, training or reasonable instruction provided by the person conducting the business or undertaking at the workplace.Penalty: In the case of – (a) an individual, a fine not exceeding $3 600; or (b) a body corporate, a fine not exceeding $18 000. Division 6Remote or isolated work48Remote or isolated work (1) A person conducting a business or undertaking must manage risks to the health and safety of a worker associated with remote or isolated work, in accordance with Part 3.1.

Note

WHS Act – section 19 (see regulation 9 ).

(2) In minimising risks to the health and safety of a worker associated with remote or isolated work, a person conducting a business or undertaking must provide a system of work that includes effective communication with the worker.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (3) In this regulation – assistance includes rescue, medical assistance and the attendance of emergency service workers; remote or isolated work, in relation to a worker, means work that is isolated from the assistance of other persons because of location, time or the nature of the work. Division 7Managing risks from airborne contaminants49Ensuring exposure standards for substances and mixtures not exceededA person conducting a business or undertaking at a workplace must ensure that no person at the workplace is exposed to a substance or mixture in an airborne concentration that exceeds the exposure standard for the substance or mixture.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. 50Monitoring airborne contaminant levels (1) A person conducting a business or undertaking at a workplace must ensure that air monitoring is carried out to determine the airborne concentration of a substance or mixture at the workplace to which an exposure standard applies if – (a) the person is not certain on reasonable grounds whether or not the airborne concentration of the substance or mixture at the workplace exceeds the relevant exposure standard; or (b) monitoring is necessary to determine whether there is a risk to health. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (2) A person conducting a business or undertaking at a workplace must ensure that the results of air monitoring carried out under subregulation (1) are recorded, and kept for 30 years after the date the record is made.Penalty: In the case of – (a) an individual, a fine not exceeding $1 250; or (b) a body corporate, a fine not exceeding $6 000. (3) A person conducting a business or undertaking at a workplace must ensure that the results of air monitoring carried out under subregulation (1) are readily accessible to persons at the workplace who may be exposed to the substance or mixture.Penalty: In the case of – (a) an individual, a fine not exceeding $3 600; or (b) a body corporate, a fine not exceeding $18 000. Division 8Hazardous atmospheres51Managing risks to health and safety (1) A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with a hazardous atmosphere at the workplace, in accordance with Part 3.1.

Note

WHS Act – section 19 (see regulation 9 ).

(2) An atmosphere is a hazardous atmosphere if – (a) the atmosphere does not have a safe oxygen level; or (b) the concentration of oxygen in the atmosphere increases the fire risk; or (c) the concentration of a flammable gas, vapour, mist or fumes exceeds 5% of the LEL for the gas, vapour, mist or fumes; or (d) combustible dust is present in a quantity and form that would result in a hazardous area. 52Ignition sources (1) A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with an ignition source in a hazardous atmosphere at the workplace, in accordance with Part 3.1.

Note

WHS Act – section 19 (see regulation 9 ).

(2) This regulation does not apply if the ignition source is part of a deliberate process or activity at the workplace. Division 9Storage of flammable or combustible substances53Flammable and combustible material not to be accumulated (1) A person conducting a business or undertaking at a workplace must ensure that, if flammable or combustible substances are kept at the workplace, the substances are kept at the lowest practicable quantity for the workplace.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (2) In this regulation, flammable or combustible substances include – (a) flammable and combustible liquids, including waste liquids, in containers, whether empty or full; and (b) gas cylinders, whether empty or full. Division 10Falling objects54Management of risk of falling objectsA person conducting a business or undertaking at a workplace must manage, in accordance with Part 3.1, risks to health and safety associated with an object falling on a person if the falling object is reasonably likely to injure the person.

Note

WHS Act – section 19 (see regulation 9 ).

55Minimising risk associated with falling objects (1) This regulation applies if it is not reasonably practicable to eliminate the risk referred to in regulation 54. (2) The person conducting the business or undertaking at a workplace must minimise the risk of an object falling on a person by providing adequate protection against the risk in accordance with this regulation.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (3) The person provides adequate protection against the risk if the person provides and maintains a safe system of work, including – (a) preventing an object from falling freely, so far as is reasonably practicable; or (b) if it is not reasonably practicable to prevent an object from falling freely, providing, so far as is reasonably practicable, a system to arrest the fall of a falling object.

Examples
1.	Providing a secure barrier.
2.	Providing a safe means of raising and lowering objects.
3.	Providing an exclusion zone persons are prohibited from entering.

Division 11Psychosocial risks55AMeaning of psychosocial hazardIn these regulations, a psychosocial hazard is a hazard that – (a) arises from, or relates to – (i) the design or management of work; or (ii) a work environment; or (iii) plant at a workplace; or (iv) workplace interactions or behaviours; and (b) may cause psychological harm (whether or not it may also cause physical harm). 55BMeaning of psychosocial riskA psychosocial risk is a risk to the health or safety of a worker or other person arising from a psychosocial hazard. 55CManaging psychosocial risksA person conducting a business or undertaking must manage psychosocial risks in accordance with Part 3.1 other than regulation 36. 55DControl measures (1) A person conducting a business or undertaking must implement control measures – (a) to eliminate psychosocial risks so far as is reasonably practicable; and (b) if it is not reasonably practicable to eliminate psychosocial risks, to minimise the risks so far as is reasonably practicable. (2) In determining the control measures to implement, the person must have regard to all relevant matters, including – (a) the duration, frequency and severity of the exposure of workers and other persons to the psychosocial hazards; and (b) how the psychosocial hazards may interact or combine; and (c) the design of work, including job demands and tasks; and (d) the systems of work, including how work is managed, organised and supported; and (e) the design and layout, and environmental conditions, of the workplace, including the provision of – (i) safe means of entering and exiting the workplace; and (ii) facilities for the welfare of workers; and (f) the design and layout, and environmental conditions, of workers’ accommodation; and (g) the plant, substances and structures at the workplace; and (h) workplace interactions or behaviours; and (i) the information, training, instruction and supervision provided to workers. (3) In this regulation – workers’ accommodation means premises to which section 19(4) of the Act applies.

Note

WHS Act – section 19 (see regulation 9 ).

Chapter 4Hazardous WorkPART 4.1Noise56Meaning of exposure standard for noise (1) In these regulations, exposure standard for noise, in relation to a person, means – (a) LAeq,8h of 85 dB(A); or (b) LC,peak of 140 dB(C). (2) In this regulation – LAeq,8h means the eight-hour equivalent continuous A-weighted sound pressure level in decibels (dB(A)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management – Measurement and assessment of noise immission and exposure); LC,peak means the C-weighted peak sound pressure level in decibels (dB(C)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management – Measurement and assessment of noise immission and exposure). 57Managing risk of hearing loss from noise (1) A person conducting a business or undertaking at a workplace must manage, in accordance with Part 3.1, risks to health and safety relating to hearing loss associated with noise.

Note

WHS Act – section 19 (see regulation 9 ).

(2) A person conducting a business or undertaking at a workplace must ensure that the noise that a worker is exposed to at the workplace does not exceed the exposure standard for noise.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. 58Audiometric testing (1) This regulation applies in relation to a worker who is frequently required by the person conducting the business or undertaking to use personal protective equipment to protect the worker from the risk of hearing loss associated with noise that exceeds the exposure standard for noise. (2) The person conducting the business or undertaking who provides the personal protective equipment as a control measure must provide audiometric testing for the worker – (a) within 3 months of the worker commencing the work; and (b) in any event, at least every 2 years. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (3) In this regulation, audiometric testing means the testing and measurement of the hearing threshold levels of each ear of a person by means of pure tone air conduction threshold tests. 59Duty of designers, manufacturers, importers and suppliers of plant (1) A designer of plant must ensure that the plant is designed so that its noise emission is as low as is reasonably practicable.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (2) A designer of plant must give to each person who is provided with the design for the purpose of giving effect to it adequate information about – (a) the noise emission values of the plant; and (b) the operating conditions of the plant when noise emission is to be measured; and (c) the methods the designer has used to measure the noise emission of the plant. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (3) A manufacturer of plant must ensure that the plant is manufactured so that its noise emission is as low as is reasonably practicable.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (4) A manufacturer of plant must give to each person to whom the manufacturer provides the plant adequate information about – (a) the noise emission values of the plant; and (b) the operating conditions of the plant when noise emission is to be measured; and (c) the methods the manufacturer has used to measure the noise emission of the plant. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (5) An importer of plant must take all reasonable steps to – (a) obtain information about – (i) the noise emission values of the plant; and (ii) the operating conditions of the plant when noise emission is to be measured; and (iii) the methods the designer or manufacturer has used to measure the noise emission of the plant; and (b) give that information to any person to whom the importer supplies the plant. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (6) A supplier of plant must take all reasonable steps to – (a) obtain the information the designer, manufacturer or importer is required to give a supplier under subregulation (2), (4) or (5); and (b) give that information to any person to whom the supplier supplies the plant. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. PART 4.2Hazardous Manual Tasks60Managing risks to health and safety (1) A person conducting a business or undertaking must manage risks to health and safety relating to a musculoskeletal disorder associated with a hazardous manual task, in accordance with Part 3.1.

Note

WHS Act – section 19 (see regulation 9 ).

(2) In determining the control measures to implement under subregulation (1), the person conducting the business or undertaking must have regard to all relevant matters that may contribute to a musculoskeletal disorder, including – (a) postures, movements, forces and vibration relating to the hazardous manual task; and (b) the duration and frequency of the hazardous manual task; and (c) workplace environmental conditions that may affect the hazardous manual task or the worker performing it; and (d) the design of the work area; and (e) the layout of the workplace; and (f) the systems of work used; and (g) the nature, size, weight or number of persons, animals or things involved in carrying out the hazardous manual task. 61Duty of designers, manufacturers, importers and suppliers of plant or structures (1) A designer of plant or a structure must ensure that the plant or structure is designed so as to eliminate the need for any hazardous manual task to be carried out in connection with the plant or structure.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (2) If it is not reasonably practicable to comply with subregulation (1), the designer must ensure that the plant or structure is designed so that the need for any hazardous manual task to be carried out in connection with the plant or structure is minimised so far as is reasonably practicable.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (3) The designer must give to each person who is provided with the design for the purpose of giving effect to it adequate information about the features of the plant or structure that eliminate or minimise the need for any hazardous manual task to be carried out in connection with the plant or structure.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (4) A manufacturer of plant or a structure must ensure that the plant or structure is manufactured so as to eliminate the need for any hazardous manual task to be carried out in connection with the plant or structure.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (5) If it is not reasonably practicable to comply with subregulation (4), the manufacturer must ensure that the plant or structure is manufactured so that the need for any hazardous manual task to be carried out in connection with the plant or structure is minimised so far as is reasonably practicable.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (6) The manufacturer must give to each person to whom the manufacturer provides the plant or structure adequate information about the features of the plant or structure that eliminate or minimise the need for any hazardous manual task to be carried out in connection with the plant or structure.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (7) An importer of plant or a structure must take all reasonable steps to – (a) obtain the information the designer or manufacturer is required to give under subregulation (3) or (6); and (b) give that information to any person to whom the importer supplies the plant. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (8) A supplier of plant or a structure must take all reasonable steps to – (a) obtain the information the designer, manufacturer or importer is required to give a supplier under subregulation (3), (6) or (7); and (b) give that information to any person to whom the supplier supplies the plant. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. PART 4.3Confined SpacesDivision 1Preliminary62Confined spaces to which this Part applies (1) This Part applies to confined spaces that – (a) are entered by any person; or (b) are intended or likely to be entered by any person; or (c) could be entered inadvertently by any person. (2) In this Part, a reference to a confined space in relation to a person conducting a business or undertaking is a reference to a confined space that is under the person’s management or control. 63Application to emergency service workers Regulations 67 and 68 do not apply to the entry into a confined space by an emergency service worker if, at the direction of the emergency service organisation, the worker is – (a) rescuing a person from the space; or (b) providing first aid to a person in the space. Division 2Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure64Duty to eliminate or minimise risk (1) This regulation applies in relation to plant or a structure that includes a space that is, or is intended to be, a confined space. (2) A designer, manufacturer, importer or supplier of the plant or structure, and a person who installs or constructs the plant or structure, must ensure that – (a) the need for any person to enter the space and the risk of a person inadvertently entering the space are eliminated, so far as is reasonably practicable; or (b) if it is not reasonably practicable to eliminate the need to enter the space or the risk of a person inadvertently entering the space – (i) the need or risk is minimised so far as is reasonably practicable; and (ii) the space is designed with a safe means of entry and exit; and (iii) the risk to the health and safety of any person who enters the space is eliminated so far as is reasonably practicable or, if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. Division 3Duties of person conducting business or undertaking65Entry into confined space must comply with this DivisionA person conducting a business or undertaking must ensure, so far as is reasonably practicable, that a worker does not enter a confined space before this Division has been complied with in relation to that space.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. 66Managing risks to health and safety (1) A person conducting a business or undertaking must manage, in accordance with Part 3.1, risks to health and safety associated with a confined space at a workplace including risks associated with entering, working in, on or in the vicinity of the confined space (including a risk of a person inadvertently entering the confined space).

Note

WHS Act – section 19 (see regulation 9 ).

(2) A person conducting a business or undertaking must ensure that a risk assessment is conducted by a competent person for the purposes of subregulation (1) .Penalty: In the case of – (a) an individual, a fine not exceeding $3 600; or (b) a body corporate, a fine not exceeding $18 000. (3) The person must ensure that a risk assessment conducted under subregulation (2) is recorded in writing.Penalty: In the case of – (a) an individual, a fine not exceeding $1 250; or (b) a body corporate, a fine not exceeding $6 000. (4) For the purposes of subregulations (1) and (2), the person conducting a business or undertaking must have regard to all relevant matters, including the following: (a) whether the work can be carried out without the need to enter the confined space; (b) the nature of the confined space; (c) if the hazard is associated with the concentration of oxygen or the concentration of airborne contaminants in the confined space, any change that may occur in that concentration; (d) the work required to be carried out in the confined space, the range of methods by which the work can be carried out and the proposed method of working; (e) the type of emergency procedures, including rescue procedures, required. (5) The person conducting a business or undertaking must ensure that a risk assessment under this regulation is reviewed and as necessary revised by a competent person to reflect any review and revision of control measures under Part 3.1 .Penalty: In the case of – (a) an individual, a fine not exceeding $3 600; or (b) a body corporate, a fine not exceeding $18 000. 67Confined space entry permit (1) A person conducting a business or undertaking at a workplace must not direct a worker to enter a confined space to carry out work unless the person has issued a confined space entry permit for the work.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (2) A confined space entry permit must – (a) be completed by a competent person; and (b) be in writing; and (c) specify the following: (i) the confined space to which the permit relates; (ii) the names of persons permitted to enter the space; (iii) the period of time for which the work in the space will be carried out; (iv) measures to control risk associated with the proposed work in the space; and (d) contain space for an acknowledgement that work in the confined space has been completed and that all persons have left the confined space. (3) The control measures specified in a confined space permit must – (a) be based on a risk assessment conducted under regulation 66; and (b) include – (i) control measures to be implemented for safe entry; and (ii) details of the system of work provided under regulation 69. (4) The person conducting a business or undertaking must ensure that, when the work for which the entry permit was issued is completed – (a) all workers leave the confined space; and (b) the acknowledgement referred to in subregulation (2)(d) is completed by the competent person. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. 68Signage (1) A person conducting a business or undertaking must ensure that signs that comply with subregulation (2) are erected – (a) immediately before work in a confined space commences and while the work is being carried out; and (b) while work is being carried out in preparation for, and in the completion of, work in a confined space. Penalty: In the case of – (a) an individual, a fine not exceeding $3 600; or (b) a body corporate, a fine not exceeding $18 000. (2) The signs must – (a) identify the confined space; and (b) inform workers that they must not enter the space unless they have a confined space entry permit; and (c) be clear and prominently located next to each entry to the space. 69Communication and safety monitoringA person conducting a business or undertaking must ensure that a worker does not enter a confined space to carry out work unless the person provides a system of work that includes – (a) continuous communication with the worker from outside the space; and (b) monitoring of conditions within the space by a standby person who is in the vicinity of the space and, if practicable, observing the work being carried out. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. 70Specific control – connected plant and services (1) A person conducting a business or undertaking must, so far as is reasonably practicable, eliminate any risk associated with work in a confined space in either of the following circumstances: (a) the introduction of any substance or condition into the space from or by any plant or services connected to the space; (b) the activation or energising in any way of any plant or services connected to the space. Penalty: In the case of – (a) an individual, a fine not exceeding $3 600; or (b) a body corporate, a fine not exceeding $18 000. (2) If it is not reasonably practicable for the person to eliminate risk under subregulation (1), the person must minimise that risk so far as is reasonably practicable.Penalty: In the case of – (a) an individual, a fine not exceeding $3 600; or (b) a body corporate, a fine not exceeding $18 000. 71Specific control – atmosphere (1) A person conducting a business or undertaking must ensure, in relation to work in a confined space, that – (a) purging or ventilation of any contaminant in the atmosphere of the space is carried out, so far as is reasonably practicable; and (b) pure oxygen or gas mixtures with oxygen in a concentration exceeding 21% by volume are not used for purging or ventilation of any airborne contaminant in the space. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (2) The person must ensure that, while work is being carried out in a confined space – (a) the atmosphere of the space has a safe oxygen level; or (b) if it is not reasonably practicable to comply with paragraph (a) and the atmosphere in the space has an oxygen level less than 19.5% by volume, any worker carrying out work in the space is provided with air supplied respiratory equipment. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (3) In this regulation, purging means the method used to displace any contaminant from a confined space.

Notes
1.	Regulation 44 applies to the use of personal protective equipment, including the equipment provided under subregulation (2) .
2.	Regulation 50 also applies to airborne contaminants.

72Specific control – flammable gases and vapours (1) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that, while work is being carried out in a confined space, the concentration of any flammable gas, vapour or mist in the atmosphere of the space is less than 5% of its LEL.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (2) If it is not reasonably practicable to limit the atmospheric concentration of a flammable gas, vapour or mist in a confined space to less than 5% of its LEL and the atmospheric concentration of the flammable gas, vapour or mist in the space is – (a) equal to or greater than 5% but less than 10% of its LEL, the person must ensure that any worker is immediately removed from the space unless a suitably calibrated, continuous-monitoring flammable gas detector is used in the space; or (b) equal to or greater than 10% of its LEL, the person must ensure that any worker is immediately removed from the space. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. 73Specific control – fire and explosionA person conducting a business or undertaking must ensure that an ignition source is not introduced into a confined space (from outside or within the space) if there is a possibility of the ignition source causing a fire or explosion in the space.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. 74Emergency procedures (1) A person conducting a business or undertaking must – (a) establish first aid procedures and rescue procedures to be followed in the event of an emergency in a confined space; and (b) ensure that the procedures are practised as necessary to ensure that they are efficient and effective. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (2) The person must ensure that first aid and rescue procedures are initiated from outside the confined space as soon as practicable in an emergency.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (3) The person must ensure, in relation to any confined space, that – (a) the entry and exit openings of the confined space are large enough to allow emergency access; and (b) the entry and exit openings of the space are not obstructed; and (c) plant, equipment and personal protective equipment provided for first aid or emergency rescue are maintained in good working order. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000.

Note

See Part 3.2 for general provisions relating to first aid, personal protective equipment and emergency plans.

75Personal protective equipment in emergencies (1) This regulation applies in relation to a worker who is to enter a confined space in order to carry out first aid or rescue procedures in an emergency. (2) The person conducting the business or undertaking for which the worker is carrying out work must ensure that air supplied respiratory equipment is available for use by, and is provided to, the worker in an emergency in which – (a) the atmosphere in the confined space does not have a safe oxygen level; or (b) the atmosphere in the space has a harmful concentration of an airborne contaminant; or (c) there is a serious risk of the atmosphere in the space becoming affected in the way referred to in paragraph (a) or (b) while the worker is in the space. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (3) The person conducting the business or undertaking for which the worker is carrying out work must ensure that suitable personal protective equipment is available for use by, and is provided to, the worker in an emergency in which – (a) an engulfment has occurred inside the confined space; or (b) there is a serious risk of an engulfment occurring while the worker is in the space. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000.

Note

Regulation 44 applies to the use of personal protective equipment, including the equipment provided under this regulation.

76Information, training and instruction for workers (1) A person conducting a business or undertaking must ensure that relevant workers are provided with suitable and adequate information, training and instruction in relation to the following: (a) the nature of all hazards relating to a confined space; (b) the need for, and the appropriate use of, control measures to control risks to health and safety associated with those hazards; (c) the selection, fit, use, wearing, testing, storage and maintenance of any personal protective equipment; (d) the contents of any confined space entry permit that may be issued in relation to work carried out by the worker in a confined space; (e) emergency procedures. Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (2) The person must ensure that a record of all training provided to a worker under this regulation is kept for 2 years.Penalty: In the case of – (a) an individual, a fine not exceeding $1 250; or (b) a body corporate, a fine not exceeding $6 000. (3) In subregulation (1), relevant worker means – (a) a worker who, in carrying out work for the business or undertaking, could – (i) enter or work in a confined space; or (ii) carry out any function in relation to work in a confined space or the emergency procedures established under regulation 74, but who is not required to enter the space; or (b) any person supervising a worker referred to in paragraph (a). 77Confined space entry permit and risk assessment must be kept (1) This regulation applies if a person conducting a business or undertaking – (a) prepares a risk assessment under regulation 66; or (b) issues a confined space entry permit under regulation 67. (2) Subject to subregulation (3), the person must keep – (a) a copy of the risk assessment until at least 28 days after the work to which it relates is completed; and (b) a copy of the confined space entry permit until the work to which it relates is completed. Penalty: In the case of – (a) an individual, a fine not exceeding $1 250; or (b) a body corporate, a fine not exceeding $6 000. (3) If a notifiable incident occurs in connection with the work to which the assessment or permit relates, the person must keep the copy of the assessment or permit (as applicable) for at least 2 years after the incident occurs.Penalty: In the case of – (a) an individual, a fine not exceeding $1 250; or (b) a body corporate, a fine not exceeding $6 000. (4) The person must ensure that, for the period for which the assessment or permit must be kept under this regulation, a copy is available for inspection under the Act.Penalty: In the case of – (a) an individual, a fine not exceeding $1 250; or (b) a body corporate, a fine not exceeding $6 000. (5) The person must ensure that, for the period for which the assessment or permit must be kept under this regulation, a copy is available to any relevant worker on request.Penalty: In the case of – (a) an individual, a fine not exceeding $3 600; or (b) a body corporate, a fine not exceeding $18 000. PART 4.4Falls78Management of risk of fall (1) A person conducting a business or undertaking at a workplace must manage, in accordance with Part 3.1, risks to health and safety associated with a fall by a person from 1 level to another that is reasonably likely to cause injury to the person or any other person.

Note

WHS Act – section 19 (see regulation 9 ).

(2) Subregulation (1) includes the risk of a fall – (a) in or on an elevated workplace from which a person could fall; or (b) in the vicinity of an opening through which a person could fall; or (c) in the vicinity of an edge over which a person could fall; or (d) on a surface through which a person could fall; or (e) in any other place from which a person could fall. (3) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that any work that involves the risk of a fall to which subregulation (1) applies is carried out on the ground or on a solid construction.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (4) A person conducting a business or undertaking must provide safe means of access to and exit from – (a) the workplace; and (b) any area within the workplace referred to in subregulation (2). Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (5) In this regulation, solid construction means an area that has – (a) a surface that is structurally capable of supporting all persons and things that may be located or placed on it; and (b) barriers around its perimeter and any openings to prevent a fall; and (c) an even and readily negotiable surface and gradient; and (d) a safe means of entry and exit. 79Specific requirements to minimise risk of fall (1) This regulation applies if it is not reasonably practicable for the person conducting a business or undertaking at a workplace to eliminate the risk of a fall to which regulation 78 applies. (2) The person must minimise the risk of a fall by providing adequate protection against the risk in accordance with this regulation.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (3) The person provides adequate protection against the risk if the person provides and maintains a safe system of work, including by – (a) providing a fall prevention device if it is reasonably practicable to do so; or (b) if it is not reasonably practicable to provide a fall prevention device, providing a work positioning system; or (c) if it is not reasonably practicable to comply with either paragraph (a) or (b), providing a fall arrest system, so far as is reasonably practicable.

Examples
1.	Providing temporary work platforms.
2.	Providing training in relation to the risks involved in working at the workplace.
3.	Providing safe work procedures, safe sequencing of work, safe use of ladders, permit systems and appropriate signs.
Note
A combination of the controls set out in this subregulation may be used to minimise risks, so far as is practicable, if a single control is not sufficient for the purpose.

(4) This regulation does not apply in relation to the following work: (a) the performance of stunt work; (b) the performance of acrobatics; (c) a theatrical performance; (d) a sporting or athletic activity; (e) horse riding.

Note

Regulation 36 applies to the management of risk in relation to this work.

(5) In this regulation, fall prevention device includes – (a) a secure fence; and (b) edge protection; and (c) working platforms; and (d) covers.

Note

See regulation 5(1) for definitions of fall arrest system and work positioning system.

80Emergency and rescue procedures (1) This regulation applies if a person conducting a business or undertaking provides a fall arrest system as a control measure. (2) Without limiting regulation 79, the person must establish emergency procedures, including rescue procedures, in relation to the use of the fall arrest system.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (3) The person must ensure that the emergency procedures are tested so that they are effective.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (4) The person must provide relevant workers with suitable and adequate information, training and instruction in relation to the emergency procedures.Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (5) In this regulation, relevant worker means – (a) a worker who, in carrying out work in the business or undertaking, uses or is to use a fall arrest system; and (b) a worker who may be involved in initiating or implementing the emergency procedures. PART 4.5High Risk WorkDivision 1Licensing of high risk workSubdivision 1Requirement to be licensed81Licence required to carry out high risk workA person must not carry out a class of high risk work unless the person holds a high risk work licence for that class of high risk work, except as provided in regulation 82.

Notes
1.	See section 43 of the Act.
2.	Schedule 3 sets out the high risk work licences and classes of high risk work that are within the scope of each licence. Schedule 4 sets out the qualifications required for a high risk work licence.

82Exceptions (1) A person who carries out high risk work is not required to be licensed to carry out the work if the work is carried out – (a) in the course of training towards a certification in order to be licensed to carry out the high risk work; and (b) under the supervision of a person who is licensed to carry out the high risk work. (1A) A person who holds a certification in relation to a specified VET course for high risk work is not required to be licensed to carry out the work – (a) for 60 days after the certification is issued; and (b) if the person applies for the relevant high risk work licence within that 60 day period, until – (i) the person is granted the licence; or (ii) the expiry of 28 days after the person is given written notice under regulation 91(2) of a decision to refuse to grant the licence. (1B) A person who carries out high risk work is not required to be licensed to carry out the work if the work is carried out while an accredited assessor is conducting an assessment of the person’s competency in relation to the work. (2) A person who carries out high risk work involving plant is not required to be licensed if – (a) the work is carried out at a workplace solely for the purpose of the manufacture, testing, trialling, installation, commissioning, maintenance, servicing, repair, alteration, demolition or disposal of the plant at that workplace or moving the plant within the workplace; and (b) the plant is operated or used without a load except when standard weight loads with predetermined fixing points are used for calibration of the plant. (3) For the purposes of subregulation (2)(a), moving includes operating the plant in order to load the plant onto, or unload it from, a vehicle or equipment used to move it. (4) A person who carries out high risk work with a crane or hoist is not required to be licensed as a crane operator if – (a) the work is limited to setting up or dismantling the crane or hoist; and (b) the person carrying out the work holds a licence in relation to rigging, which qualifies the person to carry out the work.

Note

See Schedule 3 for the classes of crane operator licence.

(5) A person who carries out high risk work with a heritage boiler is not required to be licensed as a boiler operator. 83Recognition of high risk work licences in other jurisdictions (1) In this Subdivision, a reference to a high risk work licence includes a reference to an equivalent licence – (a) granted under a corresponding WHS law; and (b) that is being used in accordance with the terms and conditions under which it was granted. (2) Subregulation (1) does not apply to a licence that is suspended or cancelled or has expired in the corresponding jurisdiction. 84Duty of person conducting business or undertaking to ensure direct supervision (1) A person conducting a business or undertaking must ensure that a person supervising the work of a person carrying out high risk work as required by regulation 82(1) provides direct supervision of the person except in the circumstances set out in subregulation (2) .Penalty: In the case of – (a) an individual, a fine not exceeding $6 000; or (b) a body corporate, a fine not exceeding $30 000. (2) Direct supervision of a person is not required if – (a) the nature or circumstances of a particular task make direct supervision impracticable or unnecessary; and (b) the reduced level of supervision will not place the health or safety of the supervised person or any other person at risk. (3) In this regulation, direct supervision of a person means the oversight by the supervising person of the work of that person for the purposes of – (a) directing, demonstrating, monitoring and checking the person’s work in a way that is appropriate to the person’s level of competency; and (b) ensuring a capacity to respond in an emergency situation. 85Evidence of licence – duty of person conducting business or undertaking (1) A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work for which a high risk work licence is required unless the person sees written evidence provided by the worker that the worker has the relevant high risk work licence for that work.Penalty: In the case of – (a) an individual, a fine not exceeding $3 600; or (b) a body corporate, a fine not exceeding $18 000. (2) A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work in the circumstances referred to in regulation 82(1) unless the person sees written evidence provided by the worker that the worker is undertaking the course of training referred to in regulation 82(1)(a) .Penalty: In the case of – (a) an individual, a fine not exceeding $3 600; or (b) a body corporate, a fine not exceeding $18 000. (2A) A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work in the circumstances referred to in regulation 82(1A) unless the person sees written evidence provided by the worker that the worker – (a) in the circumstances referred to in regulation 82(1A)(a), holds a certification referred to in regulation 82(1A); and (b) in the circumstances referred to in regulation 82(1A)(b) – (i) holds a certification referred to in regulation 82(1A); and (ii) has applied for the relevant licence within the period referred to in regulation 82(1A)(b). Penalty: In the case of – (a) an individual, a fine not exceeding $3 600; or (b) a body corporate, a fine not exceeding $18 000. (3) A person conducting a business or undertaking must not direct or allow a worker to supervise high risk work as referred to in regulation 82(1) and regulation 84 unless the person sees written evidence that the worker holds the relevant high risk work licence for that high risk work.Penalty: In the case of – (a) an individual, a fine not exceeding $3 600; or (b) a body corporate, a fine not exceeding $18 000. (4) A person conducting a business or undertaking at a workplace must keep a record of the written evidence provided – (a) under subregulation (1) or (2), for at least 1 year after the high risk work is carried out; and (b) under subregulation (3), for at least 1 year after the last occasion on which the worker performs the supervision work. Penalty: In the case of – (a) an individual, a fine not exceeding $1 250; or (b) a body corporate, a fine not exceeding $6 000. Subdivision 2Licensing process86Who may apply for a licenceOnly a person who holds a qualification set out in Schedule 4 may apply for a high risk work licence. 87Application for high risk work licence (1) An application for a high risk work licence must be made in the manner and form required by the regulator. (2) The application must include the following information: (a) the applicant’s name and residential address; (b) a photograph of the applicant in the form required by the regulator; (c) evidence of the applicant’s age; (d) any other evidence of the applicant’s identity required by the regulator; (e) the class of high risk work licence to which the application relates; (f) a copy of a certification – (i) that is held by the applicant in relation to the specified VET course, or each of the specified VET courses, for the high risk work licence applied for; and (ii) that was issued not more than 60 days before the application is made; (g) a declaration that the applicant does not hold an equivalent licence under a corresponding WHS law; (h) a declaration as to whether or not the applicant has ever been convicted or found guilty of any offence under the Act or these regulations or under any corresponding WHS law; (i) details of any conviction or finding of guilt declared under paragraph (h); (j) a declaration as to whether or not the applicant has ever entered into an enforceable undertaking under the Act or under any corresponding WHS law; (k) details of any enforceable undertaking declared under paragraph (j); (l) if the applicant has previously been refused an equivalent licence under a corresponding WHS law, a declaration giving details of that refusal; (m) if the applicant has previously held an equivalent licence under a corresponding WHS law, a declaration – (i) describing any condition imposed on that licence; and (ii) stating whether or not that licence had been suspended or cancelled and, if so, whether or not the applicant had been disqualified from applying for any licence; and (iii) giving details of any suspension, cancellation or disqualification.

Note

See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.

(3) The application must be accompanied by the relevant fee. 88Additional information (1) If an application for a high risk work licence does not contain sufficient information to enable the regulator to make a decision whether or not to grant the licence, the regulator may ask the applicant to provide additional information. (2) A request for additional information must – (a) specify the date (not being less than 28 days after the request) by which the additional information is to be given; and (b) be confirmed in writing. (3) If an applicant does not provide the additional information by the date specified, the application is to be taken to have been withdrawn. (4) The regulator may make more than 1 request for additional information under this regulation. 89Decision on application (1) Subject to subregulation (3), the regulator must grant a high risk work licence if satisfied about the matters referred to in subregulation (2). (2) The regulator must be satisfied about the following: (a) the application has been made in accordance with these regulations; (b) the applicant does not hold an equivalent licence under a corresponding WHS law unless that licence is due for renewal; (c) the applicant – (i) resides in this State; or (ii) resides outside this State and circumstances exist that justify the grant of the licence; (d) the applicant is at least 18 years of age; (e) the applicant has provided the certification required under regulation 87(2)(f); (f) the applicant is able to carry out the work to which the licence relates safely and competently. (3) The regulator must refuse to grant a high risk work licence if satisfied that – (a) the applicant is disqualified under a corresponding WHS law from holding an equivalent licence; or (b) the applicant, in making the application, has – (i) given information that is false or misleading in a material particular; or (ii) failed to give any material information that should have been given. (4) If the regulator decides to grant the licence, it must notify the applicant within 14 days after making the decision. (5) If the regulator does not make a decision within 120 days after receiving the application or the additional information requested under regulation 88, the regulator is taken to have refused to grant the licence applied for.

Note

A refusal to grant a high risk work licence (including under subregulation (5) ) is a reviewable decision (see regulation 676 ).

90Matters to be taken into accountFor the purposes of regulation 89(2)(f), the regulator must have regard to all relevant matters, including the following: (a) any offence under the Act or these regulations or under a corresponding WHS law of which the applicant has been convicted or found guilty; (b) in relation to any equivalent licence applied for or held by the applicant under the Act or these regulations or under a corresponding WHS law – (i) any refusal to grant the licence; and (ii) any condition imposed on the licence, if granted; and (iii) any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence; (c) any enforceable undertaking the applicant has entered into under the Act or a corresponding WHS law; (d) the applicant’s record in relation to any matters arising under the Act or these regulations or under a corresponding WHS law. 91Refusal to grant high risk work licence – process (1) If the regulator proposes to refuse to grant a licence, the regulator must give a written notice to the applicant – (a) informing the applicant of the reasons for the proposed refusal; and (b) advising the applicant that the applicant may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal. (2) After the date specified in a notice under subregulation (1), the regulator must – (a) if the applicant has made a submission in relation to the proposed refusal to grant the licence, consider that submission; and (b) whether or not the applicant has made a submission, decide whether to grant or refuse to grant the licence; and (c) within 14 days after making that decision, give the applicant written notice of the decision, including the reasons for the decision.

Note

A decision to refuse to grant a licence is a reviewable decision (see regulation 676 ).

91AConditions of licence (1) The regulator may impose any conditions it considers appropriate on a high risk work licence. (2) Without limiting subregulation (1), the regulator may impose conditions in relation to 1 or more of the following: (a) control measures that must be implemented in relation to the carrying out of work or activities under the licence; (b) the circumstances in which work or activities authorised by the licence may be carried out. (3) The regulator must give the licence holder written notice of any conditions imposed on the licence.

Notes
1.	A person must comply with the conditions of a licence (see section 45 of the Act).
2.	A decision to impose a condition on a licence is a reviewable decision (see regulation 676 ).

92Duration of licenceSubject to this Division, a high risk work licence takes effect on the day it is granted and, unless cancelled earlier, expires 5 years after that day. 93Licence document (1) If the regulator grants a high risk work licence, the regulator must issue to the applicant a licence document in the form determined by the regulator. (2) The licence document must include the following: (a) the name of the licence holder; (b) a photograph of the licence holder; (c) the date of birth of the licence holder; (d) a copy of the signature of the licence holder or provision for the inclusion of a copy signature; (e) the class of high risk work licence and a description of the work within the scope of the licence; (f) the date on which the licence was granted; (g) the expiry date of the licence. (3) For the purposes of subregulation (2)(e), if the regulator grants more than 1 class of high risk work licence to a person, the licence document must contain a description of each class of licence and the work that is within the scope of each licence. (4) If a licence holder holds more than 1 high risk work licence, the regulator may issue to the licence holder 1 licence document in relation to some or all those licences. (5) Despite regulation 92, if a licence document is issued under subregulation (4), the licences to which that licence document related expire on the date that the first of those licences expires. 94Licence document to be available (1) A licence holder must keep the licence document available for inspection under the Act.Penalty: In the case of – (a) an individual, a fine not exceeding $1 250; or (b) a body corporate, a fine not exceeding $6 000. (2) Subregulation (1) does not apply if the licence document is not in the licence holder’s possession because – (a) it has been returned to the regulator under regulation 97; or (b) the licence holder has applied for, but has not received, a replacement licence document under regulation 98. 95Reassessment of competency of licence holderThe regulator may direct a licence holder to obtain a reassessment of the competency of the licence holder to carry out the high risk work covered by the licence if the regulator reasonably believes that the licence holder may not be competent to carry out that work.

Examples
1.	The training or competency assessment of the licence holder did not meet the standard required to hold the licence.
2.	The regulator receives information that the licence holder has carried out high risk work incompetently.

Subdivision 3Amendment of licence document96Notice of change of addressThe licence holder of a high risk work licence must notify the regulator of a change of residential address, within 14 days of the change occurring.Penalty: In the case of – (a) an individual, a fine not exceeding $1 250; or (b) a body corporate, a fine not exceeding $6 000. 97Licence holder to return licenceIf a high risk work licence is amended, the licence holder must return the licence document to the regulator for amendment at the written request of the regulator and within the time specified in the request.Penalty: In the case of – (a) an individual, a fine not exceeding $1 250; or (b) a body corporate, a fine not exceeding $6 000. 98Replacement licence document (1) A licence holder must notify the regulator as soon as practicable if the licence document is lost, stolen or destroyed.Penalty: In the case of – (a) an individual, a fine not exceeding $1 250; or (b) a body corporate, a fine not exceeding $6 000. (2) If a licence document is lost, stolen or destroyed, the licence holder may apply to the regulator for a replacement document.

Note

A licence holder is required to keep the licence document available for inspection (see regulation 94 ).

(3) An application for a replacement licence document must be made in the manner and form required by the regulator. (4) The application must – (a) include a declaration describing the circumstances in which the original document was lost, stolen or destroyed; and

Note

See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.

(b) be accompanied by the relevant fee. (5) The regulator must issue a replacement licence document if satisfied that the original document was lost, stolen or destroyed. (6) If the regulator refuses to issue a replacement licence document, it must give the licence holder written notice of this decision, including the reasons for the decision, within 14 days after making the decision.

Note

A decision to refuse to replace a licence is a reviewable decision (see regulation 676 ).

99Voluntary surrender of licence (1) A licence holder may voluntarily surrender the licence document to the regulator. (2) The licence expires on the surrender of the licence document. Subdivision 4Renewal of high risk work licence100Regulator may renew licenceThe regulator may renew a high risk work licence on application by the licence holder. 101Application for renewal (1) An application for renewal of a high risk work licence must be made in the manner and form required by the regulator. (2) The application must include the following information: (a) the name and residential address of the applicant; (b) if required by the regulator, a photograph of the applicant in the form required by the regulator; (c) any other evidence of the applicant’s identity required by the regulator; (d) a declaration by the applicant that he or she has maintained his or her competency to carry out the high risk work, including by obtaining any reassessment directed under regulation 95.

Note

See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.

(3) The application must be accompanied by the relevant fee. (4) The application must be made before the expiry of the licence. 102Licence continues in force until application is decidedIf a licence holder applies under regulation 101 for the renewal of a high risk work licence, the licence is taken to continue in force from the day it would, apart from this regulation, have expired until the licence holder is given notice of the decision on the application. 103Renewal of expired licenceA person whose high risk work licence has expired may apply for a renewal of that licence – (a) within 12 months after the expiry of the licence; or (b) if the person satisfies the regulator that exceptional circumstances exist, within any longer period that the regulator allows.

Notes
1.	As the licence has expired, the applicant cannot carry out the work covered by the licence until the licence is renewed. An application made after a period referred to in paragraph (a) or (b) would be an application for a new licence under regulation 87 .
2.	See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.

104Provisions relating to renewal of licence (1) For the purposes of this Subdivision – (a) regulation 88 applies as if a reference in that regulation to an application for a licence were a reference to an application to renew a licence; and (b) regulations 89 (except subregulation (5) ), 90, 91A and 92 apply as if a reference in those regulations to the grant of a licence were a reference to the renewal of a licence; and (c) regulation 91 applies as if a reference in that regulation to a refusal to grant a licence were a reference to a refusal to renew a licence. (2) The regulator may renew a high risk work licence granted to a person under a corresponding WHS law unless that licence is renewed under that law.

Note

A refusal to renew a licence is a reviewable decision (see regulation 676 ).

105Status of licence during review (1) This regulation applies if the regulator gives a licence holder written notice of its decision to refuse to renew the licence. (2) If the licence holder does not apply for internal review of the decision, the licence continues to have effect until the last of the following events: (a) the expiry of the licence; (b) the end of the period for applying for an internal review. (3) If the licence holder applies for an internal review of the decision, the licence continues to have effect until the earlier of the following events: (a) the licence holder withdraws the application for review; (b) the regulator makes a decision on the review. (4) If the licence holder does not apply for an external review, the licence continues to have effect until the end of the time for applying for an external review. (5) If the licence holder applies for an external review, the licence continues to have effect until the earlier of the following events: (a) the licence holder withdraws the application for review; (b) the Magistrates Court (Administrative Appeals Division) makes a decision on the review. (6) The licence continues to have effect under this regulation even if its expiry date passes. Subdivision 5Suspension and cancellation of high risk work licence106Suspension or cancellation of licence (1) The regulator may suspend or cancel a high risk work licence if satisfied about 1 or more of the following: (a) the licence holder has failed to take reasonable care to carry out the high risk work safely and competently; (ab) the licence holder has failed to comply with a condition of the licence; (b) the licence holder has failed to obtain a reassessment of competency directed under regulation 95; (c) the licence holder, in the application for the grant or renewal of the licence or on request by the regulator for additional information – (i) gave information that was false or misleading in a material particular; or (ii) failed to give any material information that should have been given in that application or on that request; (d) the licence was granted or renewed on the basis of a certification that was obtained on the basis of the giving of false or misleading information by any person or body or that was obtained improperly through a breach of a condition of accreditation by the accredited assessor who conducted the assessment. (2) If the regulator suspends or cancels a licence, the regulator may disqualify the licence holder from applying for – (a) a further high risk work licence of the same class; or (b) another licence under these regulations to carry out work which requires skills that are the same as or similar to those required for the work authorised by the licence that has been suspended or cancelled. (3) If the regulator suspends a licence, the regulator may vary the conditions of the licence, including by imposing different or additional conditions. (4) A variation of conditions under subregulation (3) takes effect when the suspension of the licence ends.

Notes
1.	A decision to suspend a licence, to cancel a licence or to disqualify the licence holder from applying for a further licence is a reviewable decision (see regulation 676 ).
2.	A variation of licence conditions is a reviewable decision (see regulation 676 ).

107Matters taken into account (1) In making a decision under regulation 106, the regulator must have regard to – (a) any submissions made by the licence holder under regulation 108; and (b) any advice received from a corresponding regulator. (2) For the purposes of regulation 106(1)(a), the regulator must have regard to all relevant matters, including the following: (a) any offence under the Act or these regulations or under a corresponding WHS law, of which the licence holder has been convicted or found guilty; (b) in relation to any equivalent licence applied for or held by the licence holder under the Act or these regulations or under a corresponding WHS law – (i) any refusal to grant the licence; and (ii) any condition imposed on the licence, if granted; and (iii) any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence; (c) any enforceable undertaking the licence holder has entered into under the Act or a corresponding WHS law; (d) the licence holder’s record in relation to any matters arising under the Act or these regulations or under a corresponding WHS law. 108Notice to and submissions by licence holder (1) Before suspending or cancelling a high risk work licence, the regulator must give the licence holder a written notice of – (a) the proposed suspension or cancellation; and (b) any proposed disqualification; and (c) any proposed variation of licence conditions. (2) A notice under subregulation (1) must – (a) outline all relevant allegations, facts and circumstances known to the regulator; and (b) advise the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission in relation to the proposed suspension or cancellation, any proposed disqualification and any proposed variation of licence conditions. 109Notice of decision (1) The regulator must give the licence holder written notice of a decision under regulation 106 to suspend or cancel a high risk work licence within 14 days after making the decision. (2) The notice must – (a) state that the licence is to be suspended or cancelled; and (b) if the licence is to be suspended, state – (i) when the suspension begins and ends; and (ii) the reasons for the suspension; and (iii) whether the licence holder is required to undergo retraining or reassessment or take any other action before the suspension ends; and (iv) whether or not the licence holder is disqualified from applying for a further licence during the suspension; and (v) if licence conditions are to be varied, the variation; and (vi) if licence conditions are to be varied, that the variation will take effect when the suspension ends; and (c) if the licence is to be cancelled, state – (i) when the cancellation takes effect; and (ii) the reasons for the cancellation; and (iii) whether or not the licence holder is disqualified from applying for a further licence; and (d) if the licence holder is to be disqualified from applying for a further licence, state – (i) when the disqualification begins and ends; and (ii) the reasons for the disqualification; and (iii) whether or not the licence holder is required to undergo retraining or reassessment or take any other action before the disqualification ends; and (iv) any other class of high risk work licence or other licence under these regulations the licence holder is disqualified from applying for during the period of suspension or disqualification; and (e) state when the licence document must be returned to the regulator. 110Immediate suspension (1) The regulator may suspend a high risk work licence on a ground referred to in regulation 106 without giving notice under regulation 108 if satisfied that – (a) work carried out under the high risk work licence should cease because the work may involve an imminent serious risk to the health or safety of any person; or (b) a corresponding regulator has suspended an equivalent licence held by the licence holder under this regulation as applying in the corresponding jurisdiction. (2) If the regulator decides to suspend a licence under this regulation – (a) the regulator must give the licence holder written notice of the suspension and the reasons for the suspension; and (b) the suspension of the licence takes effect on the giving of the notice. (3) The regulator must then – (a) give notice under regulation 108 within 14 days after giving the notice under subregulation (2); and (b) make its decision under regulation 106. (4) If the regulator does not give notice under subregulation (3), the suspension ends at the end of the 14 day period. (5) If the regulator gives notice under subregulation (3), the licence remains suspended until the decision is made under regulation 106. 111Licence holder to return licence documentA licence holder, on receiving a notice under regulation 109, must return the licence document to the regulator in accordance with the notice.Penalty: In the case of – (a) an individual, a fine not exceeding $1 250; or (b) a body corporate, a fine not exceeding $6 000. 112Regulator to return licence document after suspensionWhen the period of suspension of a licence ends, the regulator must return the licence document to the licence holder within 14 days after the suspension ends. Division 2Accreditation of assessorsSubdivision 1Requirement to be accredited113Accreditation required to assess competency for high risk work licenceA person who is not an accredited assessor must not – (a) conduct a competency assessment; or (b) issue a notice of satisfactory assessment; or (c) in any other way hold himself or herself out to be an accredited assessor.

Note

See section 43 of the Act.

114Accredited assessor must act in accordance with accreditation (1) An accredited assessor must not conduct a competency assessment unless – (a) the competency assessment relates to a class of high risk work for which the assessor is accredited; and (b) the accredited assessor conducts the competency assessment for or on behalf of an RTO. (2) An accredited assessor must not issue a notice of satisfactory assessment unless the competency assessment relates to a class of high risk work for which the assessor is accredited. (3) An accredited assessor who conducts a competency assessment must do so in accordance with the conditions of accreditation imposed under regulation 121. (4) An accredited assessor who issues a notice of satisfactory assessment must do so in accordance with the conditions of accreditation imposed under regulation 121. (5) Subregulations (1) to (4) do not apply if the regulator is the accredited assessor.

Note

See section 43 of the Act.

Subdivision 2Accreditation process115Regulator may accredit assessorsThe regulator may, under this Division, accredit persons to conduct assessments. 116Application for accreditation (1) An application for accreditation must be made in the manner and form required by the regulator. (2) The application must include the following information: (a) the name and residential address of the applicant; (b) any other evidence of the applicant’s identity required by the regulator; (c) details of the class of high risk work to which the application relates; (d) evidence that the applicant is qualified to conduct the type of competency assessment in relation to the class of high risk work to which the application relates; (e) details of any current equivalent accreditation under a corresponding WHS law; (f) a declaration as to whether or not the applicant has ever been convicted or found guilty of any offence under the Act or these regulations or under any corresponding WHS law; (g) details of any conviction or finding of guilt declared under paragraph (f); (h) a declaration as to whether or not the applicant has entered into an enforceable undertaking under the Act or under any corresponding WHS law; (i) details of any enforceable undertaking declared under paragraph (h); (j) if the applicant has previously been refused an equivalent accreditation under a corresponding WHS law, a declaration giving details of that refusal; (k) if the applicant has previously held an equivalent accreditation under a corresponding WHS law, a declaration – (i) describing any condition imposed on that accreditation; and (ii) stating whether or not that accreditation had been suspended or cancelled and, if so, whether or not the applicant had been disqualified from applying for any accreditation; and (iii) giving details of any suspension, cancellation or disqualification.

Note

See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.

(3) The application must be accompanied by the relevant fee. 117Additional information (1) If an application for accreditation does not contain sufficient information to enable the regulator to make a decision whether or not to grant the accreditation, the regulator may ask the applicant to provide additional information. (2) A request for additional information must – (a) specify the date (being not less than 28 days after the request) by which the additional information is to be given; and (b) be confirmed in writing. (3) If an applicant does not provide the additional information by the date specified, the application is taken to have been withdrawn. (4) The regulator may make more than 1 request for additional information under this regulation. 118Decision on application (1) Subject to subregulation (3), the regulator must grant an accreditation if satisfied about the matters referred to in subregulation (2). (2) The regulator must be satisfied that – (a) the applicant – (i) is qualified to conduct the competency assessment to which the application relates; and (ii) is able to conduct the competency assessment to which the application relates competently; and (iii) is able to ensure compliance with any conditions that will apply to the accreditation; or (b) the applicant holds a current equivalent accreditation under a corresponding WHS law. (3) The regulator must refuse to grant an accreditation if satisfied that – (a) the applicant is disqualified under a corresponding WHS law from holding an equivalent accreditation; or (b) the applicant, in making the application, has – (i) given information that is false or misleading in a material particular; or (ii) failed to give any material information that should have been given. (4) If the regulator decides to grant the accreditation, it must notify the applicant within 14 days after making the decision. (5) If the regulator does not make a decision within 120 days after receiving the application or the additional information requested under regulation 117, the regulator is taken to have refused to grant the accreditation applied for. (6) For the purposes of subregulation (2)(a)(i), an applicant is qualified to provide the competency assessment if – (a) the applicant’s competencies, skills and knowledge are in accordance with the Standards for NVR Registered Training Organisations 2011 published by the Commonwealth; and (b) the applicant holds a current high risk work licence for the class of high risk work to which the competency assessment relates.

Note

A refusal to grant accreditation (including a refusal under subregulation (5) ) is a reviewable decision (see regulation 676 ).

119Matters to be taken into accountFor the purposes of regulation 118(2)(a)(ii) and (iii), the regulator must have regard to all relevant matters, including the following: (a) any offence under the Act or these regulations or under a corresponding WHS law of which the applicant has been convicted or found guilty; (b) any enforceable undertaking the applicant has entered into under the Act or a corresponding WHS law; (c) in relation to any equivalent accreditation applied for or held by the applicant under the Act or these regulations or under a corresponding WHS law – (i) any refusal to grant the accreditation; and (ii) any condition imposed on the accreditation, if granted; and (iii) any suspension or cancellation of the accreditation, if granted, including any disqualification from applying for any accreditation; (d) the applicant’s record in relation to any matters arising under the Act or these regulations or under a corresponding WHS law. 120Refusal to grant accreditation – process (1) If the regulator proposes to refuse to grant an accreditation, the regulator must give the applicant a written notice – (a) informing the applicant of the reasons for the proposed refusal; and (b) advising the applicant that the applicant may, by a specified date (being not less than 28 days after the notice is given), make a submission to the regulator in relation to the proposed refusal. (2) After the date specified in a notice under subregulation (1), the regulator must – (a) if the applicant has made a submission in relation to the proposed refusal to grant the accreditation, consider that submission; and (b) whether or not the applicant has made a submission, decide whether to grant or refuse to grant the accreditation; and (c) within 14 days after making that decision, give the applicant written notice of the decision, including the reasons for the decision.

Note

A refusal to grant an accreditation is a reviewable decision (see regulation 676 ).

121Conditions of accreditation (1) The regulator may impose any conditions it considers appropriate on an accreditation. (2) Without limiting subregulation (1), the regulator may impose conditions – (a) relating to the competency assessments and assessment activities that may be carried out; and (b) relating to the circumstances in which competency assessments or assessment activities may be carried out; and (c) requiring the accredited assessor to keep specified information; and (d) requiring the accredited assessor to give specified information to the regulator.

Notes
1.	A person must comply with the conditions of accreditation (see section 45 of the Act).
2.	A decision to impose a condition on an accreditation is a reviewable decision (see regulation 676 ).

122Duration of accreditationAn accreditation takes effect on the day it is granted and, unless cancelled earlier, expires 3 years after that day. 123Accreditation document (1) If the regulator grants an accreditation, it must issue to the applicant an accreditation document in the form determined by the regulator. (2) An accreditation document must include the following: (a) the name of the accredited assessor; (b) the class of high risk work to which the accreditation relates; (c) any conditions imposed on the accreditation by the regulator; (d) the date on which the accreditation was granted; (e) the expiry date of the accreditation. (3) If an assessor is accredited to conduct a competency assessment in relation to more than 1 class of high risk work, the regulator may issue to the accredited assessor 1 accreditation document in relation to some or all of those classes of high risk work. (4) If 2 or more of the classes of high risk work referred to in subregulation (3) represent levels of the same type of work, it is sufficient if the accreditation document contains a description of the class of work that represents the highest level. 124Accreditation document to be available (1) An accredited assessor must keep the accreditation document available for inspection under the Act.Penalty: In the case of – (a) an individual, a fine not exceeding $1 250; or (b) a body corporate, a fine not exceeding $6 000. (2) An accredited assessor must make the accreditation document available for inspection by any person in relation to whom the assessor is conducting, or is to conduct, a competency assessment.Penalty: In the case of – (a) an individual, a fine not exceeding $1 250; or (b) a body corporate, a fine not exceeding $6 000. (3) Subregulations (1) and (2) do not apply if the accreditation document is not in the accredited assessor’s possession because – (a) it has been returned to the regulator under regulation 126; or (b) the accreditation assessor has applied for, but has not received, a replacement accreditation document under regulation 127. Subdivision 3Amendment of accreditation document125Changes to information (1) An accredited assessor must give the regulator written notice of any change to any material particular in any information given at any time by the assessor to the regulator in relation to the accreditation within 14 days after the assessor becomes aware of the change.Penalty: In the case of – (a) an individual, a fine not exceeding $1 250; or (b) a body corporate, a fine not exceeding $6 000. (2) Subregulation (1) applies whether the information was given in the application for grant or renewal of the accreditation or in any other circumstance. 126Accredited assessor to return accreditation documentIf an accreditation is amended, the accredited assessor must return the accreditation document to the regulator for amendment at the written request of the regulator and within the time specified in the request.Penalty: In the case of – (a) an individual, a fine not exceeding $1 250; or (b) a body corporate, a fine not exceeding $6 000. 127Replacement accreditation document (1) An accredited assessor must notify the regulator as soon as practicable if the accreditation document is lost, stolen or destroyed.Penalty: In the case of – (a) an individual, a fine not exceeding $1 250; or (b) a body corporate, a fine not exceeding $6 000. (2) If an accreditation document is lost, stolen or destroyed an accredited assessor may apply to the regulator for a replacement accreditation document.

Note

An accreditation holder is required to keep the accreditation document available for inspection (see regulation 124 ).

(3) An application for a replacement accreditation document must be made in the manner and form required by the regulator. (4) The application must – (a) include a declaration describing the circumstances in which the original document was lost, stolen or destroyed; and

Note

See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.

(b) be accompanied by the relevant fee. (5) The regulator must issue a replacement accreditation document if satisfied that the original document was lost, stolen or destroyed. (6) If the regulator refuses to issue a replacement accreditation document, it must give the accredited assessor written notice of this decision, including the reasons for the decision, within 14 days after making the decision.

Note

A refusal to issue a replacement accreditation document is a reviewable decision (see regulation 676 ).

128Voluntary surrender of accreditation (1) An accredited assessor may voluntarily surrender the accreditation document to the regulator. (2) The accreditation expires on the surrender of the accreditation document. Subdivision 4Renewal of accreditation129Regulator may renew accreditationThe regulator may renew an accreditation on the application of the accredited assessor. 130Application for renewal (1) An application for renewal of accreditation must be made in the manner and form required by the regulator. (2) An application must – (a) include the information referred to in regulation 116(2); and

Note

See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.

(b) be accompanied by the relevant fee. (3) The application must be made before the expiry of the accreditation. 131Accreditation continues in force until application is decidedIf an accredited assessor applies under regulation 130 for the renewal of accreditation, the accreditation is taken to continue in force from the day it would, apart from this regulation, have expired until the accredited assessor is given notice of the decision on the application. 132Provisions relating to applicationFor the purposes of this Division – (a) regulation 117 applies as if a reference in that regulation to an application for accreditation were a reference to an application to renew an accreditation; and (b) regulations 118 (except subregulation (5) ), 119, 121 and 122 apply as if a reference in those regulations to the grant of an accreditation were a reference to the renewal of an accreditation; and (c) regulation 120 applies as if a reference in that regulation to a refusal to grant an accreditation were a reference to a refusal to renew an accreditation.

Note

A refusal to renew an accreditation is a reviewable decision (see regulation 676 ).

Subdivision 5Suspension and cancellation133Regulator may suspend or cancel accreditation (1) The regulator may, under this Division – (a) suspend or cancel an accreditation; and (b) if suspending an accreditation, vary the conditions of the accreditation, including by imposing different or additional conditions. (2) If the regulator cancels an accreditation, the regulator may disqualify the accredited assessor from applying for a further accreditation for a specified period.

Note

A decision to suspend or cancel an accreditation, to vary the conditions of an accreditation or to disqualify an accredited assessor from applying for a further accreditation is a reviewable decision (see regulation 676 ).

134Suspension or cancellation of accreditation (1) The regulator may suspend or cancel an accreditation if satisfied about 1 or more of the following: (a) the accredited assessor is no longer qualified to conduct the competency assessment specified in the assessor’s accreditation document; (b) the accredited assessor is not able to conduct the competency assessment to which the accreditation relates competently; (c) the accredited assessor has failed to comply with a condition imposed on the accreditation under regulation 121; (d) the accredited assessor, in the application for the grant or renewal of accreditation or on request by the regulator for additional information – (i) gave information that was false or misleading in a material particular; or (ii) failed to give any material information that should have been given in that application or on that request. (2) In subregulation (1)(a), qualified has the same meaning in relation to an accredited assessor as it has in regulation 118 in relation to an applicant for accreditation. 135Matters to be taken into account (1) In making a decision under regulation 133, the regulator must have regard to – (a) any submissions made by the accredited assessor under regulation 136; and (b) any advice received from a corresponding regulator. (2) For the purposes of regulation 134(1)(b) and (c), the regulator must have regard to all relevant matters, including the following: (a) any offence under the Act or these regulations or under a corresponding WHS law, of which the accredited assessor has been convicted or found guilty; (b) any enforceable undertaking the accredited assessor has entered into under the Act or a corresponding WHS law; (c) in relation to any equivalent accreditation applied for or held by the accredited assessor under the Act or these regulations or under a corresponding WHS law – (i) any refusal to grant the accreditation; and (ii) any condition imposed on the accreditation, if granted; and (iii) any suspension or cancellation of the accreditation, if granted, including any disqualification from applying for any accreditation; (d) any suspension of a high risk work licence held by the accredited assessor under the Act or these regulations or under a corresponding WHS law; (e) the accredited assessor’s record in relation to any matters arising under the Act or these regulations or under a corresponding WHS law. 136Notice to and submissions by accredited assessorBefore suspending or cancelling an accreditation, the regulator must give the accreditation holder a written notice of the proposed suspension or cancellation and any proposed disqualification – (a) outlining all relevant allegations, facts and circumstances known to the regulator; and (b) advising the accreditation holder that the accreditation holder may, by a specified date (being not less than 28 days after giving the notice), make a submission in relation to the proposed suspension or cancellation and any proposed disqualification. 137Notice of decision (1) The regulator must give the accredited assessor written notice of a decision under regulation 134 to suspend or cancel the accreditation within 14 days after making the decision. (2) The notice must – (a) state that the accreditation is to be suspended or cancelled; and (b) if the accreditation is to be suspended, state – (i) when the suspension begins and ends; and (ii) the reasons for the suspension; and (iii) whether or not the accredited assessor is required to undergo retraining or reassessment or take any other action before the suspension ends; and (iv) whether any variation is to be made to the conditions of accreditation; and (v) whether or not the accredited assessor is disqualified from obtaining a further accreditation during the suspension; and (c) if the accreditation is to be cancelled, state – (i) when the cancellation takes effect; and (ii) the reasons for the cancellation; and (iii) whether or not the accredited assessor is disqualified from applying for a further accreditation; and (d) if the accredited assessor is to be disqualified from obtaining a further accreditation, state – (i) when the disqualification begins and ends; and (ii) the reasons for the disqualification; and (iii) whether or not the accredited assessor is required to undergo retraining or reassessment or take any other action before the disqualification ends; and (e) state when the accreditation document must be returned to the regulator. 138Immediate suspension (1) The regulator may suspend an accreditation on a ground referred to in regulation 134 without giving notice under regulation 136 if satisfied that a person may be exposed to an imminent serious risk to his or her health or safety if the accreditation were not suspended. (2) If the regulator decides to suspend an accreditation under this regulation – (a) the regulator must give the accredited assessor written notice of the suspension and reasons for the suspension; and (b) the suspension takes effect on the giving of the notice. (3) The regulator must then – (a) give notice under regulation 136 within 14 days after giving the notice under subregulation (2); and (b) make its decision under regulation 134. (4) If the regulator does not give notice under subregulation (3), the suspension ends at the end of the 14 day period. (5) If the regulator gives notice under subregulation (3), the accreditation remains suspended until the decision is made under regulation 134. 139Accredited assessor to return accreditation documentAn accredited assessor, on receiving a notice under regulation 137, must return the accreditation document to the regulator in accordance with that notice.Penalty: In the case of – (a) an individual, a fine not exceeding $1 250; or (b) a body corporate, a fine not exceeding $6 000. 140Regulator to return accreditation document after suspensionThe regulator must return the accreditation document to the accredited assessor within 14 days after the suspension ends. Subdivision 6Agreements with RTOs141Regulator may enter into agreement with RTOThe regulator may enter into an agreement with an RTO to share information to assist the regulator in relation to the accreditation of assessors. PART 4.6Demolition WorkDivision 1Notice of demolition work142Notice of demolition work (1) Subject to subregulation (4), a person conducting a business or undertaking who proposes to carry out the following demolition work must ensure that written notice is given to the regulator in accordance with this regulation at least 5 days before the work commences: (a) demolition of a structure, or a part of a structure that is loadbearing or otherwise related to the physical integrity of the structure, that is at least 6 metres in height; (b) demolition work involving load shifting machinery on a suspended floor; (c) demolition work involving explosives. Penalty: In the case of – (a) an individual, a fine not exceeding $1 250; or (b) a body corporate, a fine not exceeding $6 000.

19.	Materials hoist	Use of a materials hoist
20.	Personnel and materials hoist	Use of a personnel and materials hoist
Use of a materials hoist
21.	Boom-type elevating work platform	Use of a boom-type elevating work platform where the length of the boom is 11 metres or more
22.	Concrete placing boom	Use of a concrete placing boom
Reach stackers
23.	Reach stacker	Operation of a reach stacker of greater than 3 tonnes capacity that incorporates an attachment for lifting, moving and travelling with a shipping container, but does not include a portainer crane
Forklift operation
24.	Forklift truck	Use of a forklift truck other than an order-picking forklift truck
25.	Order-picking forklift truck	Use of an order-picking forklift truck
Pressure equipment operation
26.	Standard boiler operation	Operation of a boiler with a single fuel source that does not have a pre-heater, superheater or economiser attached
27.	Advanced boiler operation	Operation of a boiler, including a standard boiler, which may have one or more of the following:
(a) multiple fuel sources;
(b) pre-heater;
(c) superheater;
(d) economiser
28.	Steam turbine operation	Operation of a steam turbine that has an output of 500 kilowatts or more and –
(a) is multi-wheeled; or
(b) is capable of a speed greater than 3 600 revolutions per minute; or
(c) has attached condensers; or
(d) has a multi-staged heat exchange extraction process
29.	Reciprocating steam engine	Operation of a reciprocating steam engine where the diameter of any piston exceeds 250 millimetres

1.	Boom-type elevating work platform
For the purposes of table 3.1 item 21, the length of a boom is the greater of the following:
(a) the vertical distance from the surface supporting the boom-type elevating work platform to the floor of the platform, with the platform extended to its maximum height;
(b) the horizontal distance from the centre point of the boom’s rotation to the outer edge of the platform, with the platform extended to its maximum distance.

Schedule 4High Risk Work Licences – Competency Requirements

Regulation 81

1.	Purpose of this Schedule
This Schedule sets out the qualifications for high risk work licences.

Table 4.1

Item	Licence class	VET course
1.	Basic scaffolding	Licence to erect, alter and dismantle scaffolding basic level
2.	Intermediate scaffolding	Licence to erect, alter and dismantle scaffolding basic level; and
Licence to erect, alter and dismantle scaffolding intermediate level
3.	Advanced scaffolding	Licence to erect, alter and dismantle scaffolding basic level; and
Licence to erect, alter and dismantle scaffolding intermediate level; and
Licence to erect, alter and dismantle scaffolding advanced level
4.	Dogging	Licence to perform dogging
5.	Basic rigging	Licence to perform dogging; and
Licence to perform rigging basic level
6.	Intermediate rigging	Licence to perform dogging; and
Licence to perform rigging basic level; and
Licence to perform rigging intermediate level
7.	Advanced rigging	Licence to perform dogging; and
Licence to perform rigging basic level; and
Licence to perform rigging intermediate level; and
Licence to perform rigging advanced level
8.	Tower crane	Licence to operate a tower crane
9.	Self-erecting tower crane	Licence to operate a self-erecting tower crane
10.	Derrick crane	Licence to operate a derrick crane
11.	Portal boom crane	Licence to operate a portal boom crane
12.	Bridge and gantry crane	Licence to operate a bridge and gantry crane
13.	Vehicle loading crane	Licence to operate a vehicle loading crane (capacity 10 metre tonnes and above)
14.	Non-slewing mobile crane	Licence to operate a non-slewing mobile crane (greater than 3 tonnes capacity)
15.	Slewing mobile crane – with a capacity up to 20 tonnes	Licence to operate a slewing mobile crane (up to 20 tonnes)
16.	Slewing mobile crane – with a capacity up to 60 tonnes	Licence to operate a slewing mobile crane (up to 60 tonnes)
17.	Slewing mobile crane – with a capacity up to 100 tonnes	Licence to operate a slewing mobile crane (up to 100 tonnes)
18.	Slewing mobile crane – with a capacity over 100 tonnes	Licence to operate a slewing mobile crane (over 100 tonnes)
19.	Materials hoist	Licence to operate a materials hoist
20.	Personnel and materials hoist	Licence to operate a personnel and materials hoist
21.	Boom-type elevating work platform	Licence to operate a boom-type elevating work platform (boom length 11 metres or more)
22.	Concrete placing boom	Licence to operate a concrete placing boom
23.	Reach stacker	Licence to operate a reach stacker of greater than 3 tonnes capacity
24.	Forklift truck	Licence to operate a forklift truck
25.	Order-picking forklift truck	Licence to operate an order-picking forklift truck
26.	Standard boiler operation	Licence to operate a standard boiler
27.	Advanced boiler operation	Licence to operate a standard boiler; and
Licence to operate an advanced boiler
28.	Steam turbine operation	Licence to operate a steam turbine
29.	Reciprocating steam engine operation	Licence to operate a reciprocating steam engine

Schedule 5Registration of Plant and Plant Designs

Regulations 243 and 246

PART 1Plant requiring registration of design

1	Items of plant requiring registration of design
1.1	Pressure equipment, other than pressure piping, and categorised as hazard level A, B, C or D according to the criteria in Section 2.1 of AS 4343:2014 (Pressure equipment – Hazard levels).
1.2	Gas cylinders covered by Section 1 of AS 2030.1:2009 (Gas cylinders – General Requirements).
1.3	Tower cranes including self-erecting tower cranes.
1.4	Lifts, escalators and moving walkways.
1.5	Building maintenance units.
1.6	Hoists with a platform movement exceeding 2.4 metres, designed to lift people.
1.7	Work boxes designed to be suspended from cranes.
1.8	Amusement devices classified by Section 2.1 of AS 3533.1:2009 (Amusement rides and devices – Design and construction), except devices specified in clause 2(2).
1.8A	Passenger ropeways.
1.9	Concrete placing booms.
1.10	Prefabricated scaffolding.
1.11	Boom-type elevating work platforms.
1.12	Gantry cranes with a safe working load greater than 5 tonnes or bridge cranes with a safe working load of greater than 10 tonnes, and any gantry crane or bridge crane which is designed to handle molten metal or Schedule 11 hazardous chemicals.
1.13	Vehicle hoists.
1.14	Mast climbing work platforms.
1.15	Mobile cranes with a rated capacity of greater than 10 tonnes.
2	Exceptions
(1)	The items of plant listed in clause 1 do not include –
(a) a heritage boiler; or
(ab) any pressure equipment (other than a gas cylinder) excluded from the scope of AS/NZS 1200:2015 (Pressure equipment); or
Note
See paragraph A3 of Appendix A to AS/NZS 1200:2015
(b) a crane or hoist that is manually powered; or
(ba) a reach stacker; or
(c) an elevating work platform that is a scissor lift or a vertically moving platform; or
(d) a tow truck.
(2)	The following devices are excluded from clause 1.8:
(a) class 1 devices;
(b) playground devices;
(c) water slides where water facilitates patrons to slide easily, predominantly under gravity, along a static structure;
(d) wave generators where patrons do not come into contact with the parts of machinery used for generating water waves;
(e) inflatable devices, other than inflatable devices (continuously blown) with a platform height of 3 metres or more.

PART 2Items of plant requiring registration

3	Items of plant requiring registration
3.1	Boilers categorised as hazard level A, B or C according to criteria in Section 2.1 of AS 4343:2014 (Pressure equipment – Hazard levels).
3.2	Pressure vessels categorised as hazard level A, B or C according to the criteria in Section 2.1 of AS 4343:2014 (Pressure equipment – Hazard levels), except –
(a) gas cylinders; and
(b) LP Gas fuel vessels for automotive use; and
(c) serially produced vessels.
3.3	Tower cranes including self-erecting tower cranes.
3.4	Lifts, escalators and moving walkways.
3.5	Building maintenance units.
3.6	Amusement devices classified by Section 2.1 of AS 3533.1:2009 (Amusement rides and devices – Design and construction), except devices specified in clause 4(2).
3.7	Concrete placing booms.
3.8	Mobile cranes with a rated capacity of greater than 10 tonnes.
4	Exceptions
(1)	The items of plant listed in clause 3 do not include –
(a) any pressure equipment (other than a gas cylinder) excluded from the scope of AS/NZS 1200:2015 (Pressure equipment); or
Note
See paragraph A3 of Appendix A to AS/NZS 1200:2015
(b) a crane or hoist that is manually powered; or
(c) a reach stacker.
(2)	The following devices are excluded from clause 3.6:
(a) class 1 devices;
(b) playground devices;
(c) water slides where water facilitates patrons to slide easily, predominantly under gravity, along a static structure;
(d) wave generators where patrons do not come into contact with the parts of machinery used for generating water waves;
(e) inflatable devices, other than inflatable devices (continuously blown) with a platform height of 3 metres or more.

Schedule 6Classification of Mixtures

Regulation 5(1)

1.	Purpose of this Schedule
The tables in this Schedule replace some of the tables in the GHS.
Note
See the definition of GHS in regulation 5(1) .

Table 6.11.	Classification of mixtures containing respiratory or skin sensitisers
Cut-off values/concentration limits of ingredients of a mixture classified as either a respiratory sensitiser or a skin sensitiser that would trigger classification of the mixture.

Item	Ingredient classification	Mixture	classification
Skin sensitiser Category 1	Respiratory sensitiser Category 1
All physical states	Solid/liquid	Gas
1.	Skin sensitiser Category 1	≥ 1.0%
2.	Skin sensitiser Sub-category 1A	≥ 0.1%
3.	Skin sensitiser Sub-category 1B	≥ 1.0%
4.	Respiratory sensitiser Category 1	≥ 1.0%	≥ 0.2%
5.	Respiratory sensitiser Sub-category 1A	≥ 0.1%	≥ 0.1%
6.	Respiratory sensitiser Sub-category 1B	≥ 1.0%	≥ 0.2%

Note

Table 6.1 replaces table 3.4.5 in the GHS, p. 159 and in GHS 3, p.151.

Table 6.2	Classification of mixtures containing carcinogens
Cut-off values/concentration limits of ingredients of a mixture classified as a carcinogen that would trigger classification of the mixture.

Item	Ingredient classification	Mixture	classification
Category 1 carcinogen	Category 2 carcinogen
1.	Category 1 carcinogen	≥ 0.1%
2.	Category 2 carcinogen	≥ 1.0%

Notes
1.	The concentration limits in table 6.2 apply to solids and liquids (w/w units) and gases (v/v units).
2.	Table 6.2 replaces table 3.6.1 in the GHS, p. 174 and in GHS 3, p. 166.

Table 6.3	Classification of mixtures containing reproductive toxicants
Cut-off values/concentration limits of ingredients of a mixture classified as a reproductive toxicant or for effects on or via lactation that would trigger classification of the mixture.

Item	Ingredient classification	Mixture	classification
Category 1 reproductive toxicant	Category 2 reproductive toxicant	Additional category for effects on or via lactation
1.	Category 1 reproductive toxicant	≥ 0.3%
2.	Category 2 reproductive toxicant	≥ 3.0%
3.	Additional category for effects on or via lactation	≥ 0.3%

Notes
1.	The concentration limits in table 6.3 apply to solids and liquids (w/w units) and gases (v/v units).
2.	Table 6.3 replaces table 3.7.1 in the GHS, p. 187 and in GHS 3, p. 180.

Table 6.4	Classification of mixtures containing specific target organ toxicants (single exposure)
Cut-off values/concentration limits of ingredients of a mixture classified as a specific target organ toxicant that would trigger classification of the mixture.

Item	Ingredient classification	Mixture	classification
Category 1	Category 2
1.	Category 1 specific target organ toxicant	Concentration ≥ 10%	1.0% ≤ concentration < 10%
2.	Category 2 specific target organ toxicant	Concentration ≥ 10%

Notes
1.	The concentration limits in table 6.4 apply to solids and liquids (w/w units) and gases (v/v units).
2.	Table 6.4 replaces table 3.8.2 in the GHS, p. 197 and in GHS 3, p. 192.

Table 6.5	Classification of mixtures containing specific target organ toxicants (repeated exposure)
Cut-off values/concentration limits of ingredients of a mixture classified as a specific target organ toxicant that would trigger classification of the mixture.

Item	Ingredient classification	Mixture	classification
Category 1	Category 2
1.	Category 1 specific target organ toxicant	Concentration ≥ 10%	1.0% ≤ concentration < 10%
2.	Category 2 specific target organ toxicant	Concentration ≥ 10%

Notes
1.	The concentration limits in table 6.5 apply to solids and liquids (w/w units) and gases (v/v units).
2.	Table 6.5 replaces table 3.9.3 in the GHS, p. 207 and in GHS 3, p. 203.

Schedule 7Safety Data Sheets

Regulations 330 and 331

1. Safety data sheets – content (1)A safety data sheet for a hazardous chemical must – (a) contain unit measures expressed in Australian legal units of measurement under the National Measurement Act 1960 of the Commonwealth; and (b) state the date it was last reviewed or, if it has not been reviewed, the date it was prepared; and (c) state the name, and the Australian address and business telephone number of – (i) the manufacturer; or (ii) the importer; and (d) state an Australian business telephone number from which information about the chemical can be obtained in an emergency; and (e) be in English. (2)A safety data sheet for a hazardous chemical must state the following information about the chemical: (a) Section 1: Identification; (b) Section 2: Hazard(s) identification; (c) Section 3: Composition and information on ingredients, in accordance with Schedule 8; (d) Section 4: First aid measures; (e) Section 5: Firefighting measures; (f) Section 6: Accidental release measures; (g) Section 7: Handling and storage; (h) Section 8: Exposure controls and personal protection; (i) Section 9: Physical and chemical properties; (j) Section 10: Stability and reactivity; (k) Section 11: Toxicological information; (l) Section 12: Ecological information; (m) Section 13: Disposal considerations; (n) Section 14: Transport information; (o) Section 15: Regulatory information; (p) Section 16: Any other relevant information. (3)The safety data sheet must use the headings and be set out in the order set out in subclause (2). (4)The safety data sheet must be in English.

Note

Regulations 330 and 331 provide that clause 2 will apply instead of clause 1 in certain cases.

2. Safety data sheets – research chemical, waste product or sample for analysis For the purposes of regulation 331, a safety data sheet for a hazardous chemical that is a research chemical, waste product or sample for analysis must – (a) be in English; and (b) state the name, Australian address and business telephone number of – (i) the manufacturer; or (ii) the importer; and (c) state that full identification or hazard information is not available for the chemical, and in the absence of full identification or hazard information, a precautionary approach must be taken by a person using, handling or storing the chemical; and (d) state the chemical identity or structure of the chemical or chemical composition, as far as is reasonably practicable; and (e) state any known or suspected hazards; and (f) state any precautions that a person using, handling or storing the chemical must take to the extent that the precautions have been identified. Schedule 8Disclosure of Ingredients in Safety Data Sheet

Schedule 7

1. Purpose of this Schedule This Schedule sets out the way in which the ingredients of a hazardous chemical must be disclosed in Section 3 of a safety data sheet prepared under these regulations.

Note

See clause 1(2)(c) of Schedule 7 .

2. Identity of ingredients to be disclosed (1)This clause applies if an ingredient in a hazardous chemical causes the correct classification of the chemical to include a hazard class and hazard category referred to in table 8.1. (2)The identity of the ingredient must be disclosed in English on the label and safety data sheet of the hazardous chemical. Table 8.1

Column 1	Column 2	Column 3
Item	GHS hazard class	GHS hazard category
1.	Acute toxicity – oral	Category 1
Category 2
Category 3
Category 4
2.	Acute toxicity – dermal	Category 1
Category 2
Category 3
Category 4
3.	Acute toxicity – inhalation	Category 1
Category 2
Category 3
Category 4
4.	Respiratory sensitiser	Category 1
5.	Skin sensitiser	Category 1
6.	Mutagenicity	Category 1A
Category 1B
Category 2
7.	Carcinogenicity	Category 1A
Category 1B
Category 2
8.	Toxic to reproduction	Category 1A
Category 1B
Category 2
Additional category for effects on or via lactation
9.	Target organ toxicity – single exposure	Category 1
Category 2
Category 3
10.	Target organ toxicity – repeat exposure	Category 1
Category 2
11.	Aspiration hazards	Category 1
12.	Skin corrosion or irritation	Category 1A
Category 1B
Category 1C
Category 2
13.	Serious eye damage or eye irritation	Category 1
Category 2

3. Generic names used to disclose identity of ingredients (1)This clause applies if an ingredient of a hazardous chemical must be disclosed under clause 2. (2)The ingredient – (a) may be disclosed by its generic name if – (i) the ingredient causes the correct classification of the hazardous chemical to include a hazard class and hazard category referred to in table 8.2; and (ii) the ingredient does not cause the correct classification of the hazardous chemical to include any other hazard class and hazard category in table 8.1; and (iii) the identity of the ingredient is commercially confidential; and (iv) an exposure standard for the ingredient has not been established; or (b) in any other case – must be disclosed by its chemical identity. Table 8.2

Column 1	Column 2
Item	Hazard class and hazard category
1.	Acute toxicity (category 4)
2.	Aspiration hazard (category 1)
3.	Serious eye damage or eye irritation (category 2)
4.	Skin corrosion or irritation (category 2)
5.	Specific target organ toxicity (single exposure) (category 3)

4. Disclosing proportions of ingredients (1)This clause applies if an ingredient of a hazardous chemical must be disclosed under clause 2. (2)The proportion of the ingredient to the hazardous chemical must be disclosed – (a) if the exact proportion of the ingredient is not commercially confidential – as the exact proportion of the chemical, expressed as a percentage by weight or volume; or (b) if the exact proportion of the ingredient is commercially confidential – as 1 of the following ranges within which the exact proportion fits, expressed as a percentage by weight or volume: (i) < 10%; (ii) 10 – 30%; (iii) 30 – 60%; (iv) > 60%; (v) a range that is narrower than the range set out in subparagraph (i), (ii), (iii) or (iv). Schedule 9Classification, Packaging and Labelling Requirements

Regulations 329, 334 and 335

PART 1Correct classification 1. Correct classification of a substance, mixture or article (1)A substance or mixture (other than a research chemical, sample for analysis or waste product) is correctly classified if a determination is made about whether the substance or mixture can be classified into a hazard class under the GHS including a mixture classification referred to in Schedule 6.

Note

The Schedule 6 tables replace some tables in the GHS.

(2)A substance or mixture that is a research chemical, sample for analysis or waste product is correctly classified if, so far as is reasonably practicable having regard to the known or suspected properties of the substance or mixture – (a) a determination is made about the identity of the substance or mixture; and (b) a determination is made about whether the substance or mixture can be classified into a hazard class under the GHS. (3)An article that contains a substance or mixture that may be released during the use, handling or storage of the article is correctly classified if the substance or mixture is correctly classified. PART 2Correct packing 2. Correctly packing hazardous chemicals (1)A hazardous chemical is correctly packed if the chemical is packed in a container that – (a) is in sound condition; and (b) will safely contain the chemical for the time the chemical is likely to be packed; and (c) is made of material that is compatible with, and will not be adversely affected by, the chemical; and (d) does not usually contain food or beverages and cannot be mistakenly identified as containing food or beverages. (2)Despite subclause (1), a hazardous chemical supplied by a retailer to a person, in a container provided by the person, is only correctly packed if – (a) for a hazardous chemical with a classification that includes flammable gases or gases under pressure – the container – (i) has a capacity less than the capacity stated for a hazardous chemical stored in bulk; and (ii) complies with the ADG Code; and (b) in any other case – the container – (i) has a capacity that does not exceed the capacity stated for a hazardous chemical stored in bulk; and (ii) is clearly marked with the product identifier or chemical identity; and (iii) complies with paragraphs (a) to (d) of subclause (1). PART 3Correct labelling Note More than 1 clause of this Part may apply to a hazardous chemical depending on the nature of the hazardous chemical, its container and other matters. 3. Labelling hazardous chemicals – general (1)A hazardous chemical is correctly labelled if the chemical is packed in a container that has a label in English including the following: (a) the product identifier; (b) the name, and the Australian address and business telephone number of – (i) the manufacturer; or (ii) the importer; (c) for each ingredient of the chemical – the identity and proportion disclosed in accordance with Schedule 8; (d) any hazard pictogram consistent with the correct classification of the chemical; (e) any hazard statement, signal word and precautionary statement consistent with the correct classification of the chemical; (f) any information about the hazards, first aid and emergency procedures relevant to the chemical, not otherwise included in the hazard statement or precautionary statement referred to in paragraph (e); (g) if the chemical has an expiry date – the expiry date. (2)The label may include any other information that does not contradict or cast doubt on the matters referred to in subclause (1). (3)This clause is subject to clauses 4 to 10 of this Schedule. 4. Labelling hazardous chemicals – small container (1)This clause applies if a hazardous chemical is packed in a container that is too small for a label attached to it to include all the information referred to in clause 3(1). (2)The hazardous chemical is correctly labelled if the chemical is packed in a container that has a label in English including the following: (a) the product identifier; (b) the name, and the Australian address and business telephone number of – (i) the manufacturer; or (ii) the importer; (c) a hazard pictogram or hazard statement consistent with the correct classification of the chemical; (d) any other information referred to in clause 3(1) that it is reasonably practicable to include. 5. Labelling hazardous chemicals – research chemicals or samples for analysis (1)This clause applies to a hazardous chemical that is a research chemical or sample for analysis. (2)The hazardous chemical is correctly labelled if the chemical is packed in a container that has a label in English including the following: (a) the product identifier; (b) a hazard pictogram or hazard statement consistent with the correct classification of the chemical. 6. Labelling hazardous chemicals – decanted or transferred chemicals (1)This clause applies if – (a) a hazardous chemical is decanted or transferred from the container in which it is packed; and (b) either – (i) will not be used immediately; or (ii) is supplied to someone else. (2)The hazardous chemical is correctly labelled if the chemical is packed in a container that has a label in English including the following: (a) the product identifier; (b) a hazard pictogram or hazard statement consistent with the correct classification of the chemical. 7. Labelling hazardous chemicals – known hazards (1)This clause applies to a hazardous chemical if – (a) the chemical is not being supplied to another workplace; and (b) the hazards relating to the chemical are known to the workers involved in using, handling or storing the chemical. (2)The hazardous chemical is correctly labelled if the chemical is packed in a container that has a label in English including the following: (a) the product identifier; (b) a hazard pictogram or hazard statement consistent with the correct classification of the chemical. 8. Labelling hazardous chemicals – waste products (1)This clause applies to a waste product if it is reasonably likely that the waste product is a hazardous chemical. (2)The waste product is correctly labelled if it is packed in a container that has a label in English including the following for the hazardous chemical: (a) the product identifier; (b) the name, and the Australian address and business telephone number of – (i) the manufacturer; or (ii) the importer; (c) a hazard pictogram and hazard statement consistent with the correct classification of the chemical. 9. Labelling hazardous chemicals – explosives (1)This clause applies to a hazardous chemical that may be classified in the explosives hazard class. (2)The hazardous chemical is correctly labelled if the chemical is packed in a container that has a label in English that – (a) complies with the Australian Code for the Transport of Explosives by Road and Rail; and (b) includes the following: (i) the proper shipping name and UN number; (ii) any hazard pictogram consistent with the correct classification of the chemical in relation to health hazards; (iii) any hazard statement consistent with the correct classification of the chemical in relation to health hazards; (iv) any precautionary statement consistent with the correct classification of the chemical in relation to health hazards. 10. Labelling hazardous chemicals – agricultural and veterinary chemicals (1)A hazardous chemical that is an agricultural or veterinary chemical is correctly labelled if – (a) the chemical is labelled in accordance with the requirements of the Australian Pesticides and Veterinary Medicines Authority; and (b) the label is in English and includes the following: (i) any hazard statement consistent with the correct classification of the chemical; (ii) any precautionary statement consistent with the correct classification of the chemical. (2)In this clause, agricultural or veterinary chemical means an agricultural chemical product or veterinary chemical product under the Agvet Code of Tasmania. Schedule 10Prohibited Carcinogens, Restricted Carcinogens and Restricted Hazardous Chemicals

Regulations 340 and 380 – 384

Note

The prohibition of the use of carcinogens listed in table 10.1, column 2 and the restriction of the use of carcinogens listed in table 10.2, column 2 apply to the pure substance and where the substance is present in a mixture at a concentration greater than 0·1%, unless otherwise specified.

Table 10.1 – Prohibited carcinogens

Column 1	Column 2
Item	Prohibited carcinogen [CAS number]
1.	2-Acetylaminofluorene [53-96-3]
2.	Aflatoxins
3.	4-Aminodiphenyl [92-67-1]
4.	Benzidine [92-87-5] and its salts (including benzidine dihydrochloride [531-85-1])
5.	bis(Chloromethyl) ether [542-88-1]
6.	Chloromethyl methyl ether [107-30-2] (technical grade which contains bis(chloromethyl) ether)
7.	4-Dimethylaminoazobenzene [60-11-7] (Dimethyl Yellow)
8.	2-Naphthylamine [91-59-8] and its salts
9.	4-Nitrodiphenyl [92-93-3]

Table 10.2 – Restricted carcinogens

Column 1	Column 2	Column 3
Item	Restricted carcinogen [CAS Number]	Restricted use
1.	Acrylonitrile [107-13-1]	All
2.	Benzene [71-43-2]	All uses involving benzene as a feedstock containing more than 50% of benzene by volume
Genuine research or analysis
3.	Cyclophosphamide [50-18-0]	When used in preparation for therapeutic use in hospitals and oncological treatment facilities, and in manufacturing operations
Genuine research or analysis
4.	3,3’-Dichlorobenzidine [91-94-1] and its salts (including 3,3’-Dichlorobenzidine dihydrochloride [612-83-9])	All
5.	Diethyl sulfate [64-67-5]	All
6.	Dimethyl sulfate [77-78-1]	All
7.	Ethylene dibromide [106-93-4]	When used as a fumigant
Genuine research or analysis
8.	4,4’-Methylene bis(2-chloroaniline) [101-14-4] MOCA	All
9.	3-Propiolactone [57-57-8] (Beta-propiolactone)	All
10.	o-Toluidine [95-53-4] and o-Toluidine hydrochloride [636-21-5]	All
11.	Vinyl chloride monomer [75-01-4]	All

Table 10.3 – Restricted hazardous chemicals

Column 1	Column 2	Column 3
Item	Restricted hazardous chemical	Restricted use
1.	Antimony and its compounds	For abrasive blasting at a concentration of greater than 0.1% as antimony
2.	Arsenic and its compounds	For abrasive blasting at a concentration of greater than 0.1% as arsenic
For spray painting
3.	Benzene (benzol), if the substance contains more than 1% by volume	For spray painting
4.	Beryllium and its compounds	For abrasive blasting at a concentration of greater than 0.1% as beryllium
5.	Cadmium and its compounds	For abrasive blasting at a concentration of greater than 0.1% as cadmium
6.	Carbon disulphide (carbon bisulphide)	For spray painting
7.	Chromate	For wet abrasive blasting
8.	Chromium and its compounds	For abrasive blasting at a concentration of greater than 0.5% (except as specified for wet blasting) as chromium
9.	Cobalt and its compounds	For abrasive blasting at a concentration of greater than 0.1% as cobalt
10.	Free silica (crystalline silicon dioxide)	For abrasive blasting at a concentration of greater than 1%
11.	Lead and compounds	For abrasive blasting at a concentration of greater than 0.1% as lead or which would expose the operator to levels in excess of those set in the regulations covering lead
12.	Lead carbonate	For spray painting
13.	Methanol (methyl alcohol), if the substance contains more than 1% by volume	For spray painting
14.	Nickel and its compounds	For abrasive blasting at a concentration of greater than 0.1% as nickel
15.	Nitrates	For wet abrasive blasting
16.	Nitrites	For wet abrasive blasting
17.	Radioactive substance of any kind where the level of radiation exceeds 1 Bq/g	For abrasive blasting, so far as is reasonably practicable
18.	Tetrachloroethane	For spray painting
19.	Tetrachloromethane (carbon tetrachloride)	For spray painting
20.	Tin and its compounds	For abrasive blasting at a concentration of greater than 0.1% as tin
21.	Tributyl tin	For spray painting

Note

Regulation 382 deals with polychlorinated biphenyls (PCBs).

Schedule 11Placard and Manifest Quantities

Regulations 347 – 350, 361, 390 and 391

Table 11.1

Column 1	Column 2	Column 3	Column 4	Column 5
Item	Description	of hazardous chemical	Placard quantity	Manifest quantity
1.	Flammable gases	Category 1A, category 1B or any combination of categories 1A and 1B	200L	5 000L
2.	Gases under pressure	With acute toxicity, category 1, 2, 3 or 4	50L	500L
3.	With skin corrosion, category 1A, 1B or 1C	50L	500L
4.	Not specified elsewhere in this table	1 000L	10 000L
5.	Flammable liquids	Category 1	50L	500L
6.	Category 2	250L	2 500L
7.	Category 3	1 000L	10 000L
8.	Any combination of chemicals from items 5 to 7 where none of the items exceeds the quantities in columns 4 or 5 on their own	1 000L	10 000L
9.	Category 4	10 000L	100 000L
10.	Self-reactive substances	Type A	5kg or 5L	50kg or 50L
11.	Type B	50kg or 50L	500kg or 500L
12.	Type C to F	250kg or 250L	2 500kg or 2 500L
13.	Flammable solids	Category 1	250kg	2 500kg
14.	Category 2	1 000kg	10 000kg
15.	Any combination of chemicals from items 11 to 14 where none of the items exceeds the quantities in columns 4 or 5 on their own	1 000kg or 1 000L	10 000kg or 10 000L
16.	Pyrophoric liquids and pyrophoric solids	Category 1	50kg or 50L	500kg or 500L
17.	Self-heating substances and mixtures	Category 1	250kg or 250L	2 500kg or 2 500L
18.	Category 2	1 000kg or 1 000L	10 000kg or 10 000L
19.	Any combination of chemicals from items 16 to 18 where none of the items exceeds the quantities in columns 4 or 5 on their own	1 000kg or 1 000L	10 000kg or 10 000L
20.	Substances which in contact with water emit flammable gas	Category 1	50kg or 50L	500kg or 500L
21.	Category 2	250kg or 250L	2 500kg or 2 500L
22.	Category 3	1 000kg or 1 000L	10 000kg or 10 000L
23.	Any combination of chemicals from items 20 to 22 where none of the items exceeds the quantities in columns 4 or 5 on their own	1 000kg or 1 000L	10 000kg or 10 000L
24.	Oxidising liquids and oxidising solids	Category 1	50kg or 50L	500kg or 500L
25.	Category 2	250kg or 250L	2 500kg or 2 500L
26.	Category 3	1 000kg or 1 000L	10 000kg or 10 000L
27.	Any combination of chemicals from items 24 to 26 where none of the items exceeds the quantities in columns 4 or 5 on their own	1 000kg or 1 000L	10 000kg or 10 000L
28.	Organic peroxides	Type A	5kg or 5L	50kg or 50L
29.	Type B	50kg or 50L	500kg or 500L
30.	Type C to F	250kg or 250L	2 500kg or 2 500L
31.	Any combination of chemicals from items 29 and 30 where none of the items exceeds the quantities in columns 4 or 5 on their own	250kg or 250L	2 500kg or 2 500L
32.	Acute toxicity	Category 1	50kg or 50L	500kg or 500L
33.	Category 2	250kg or 250L	2 500kg or 2 500L
34.	Category 3	1 000kg or 1 000L	10 000kg or 10 000L
35.	Any combination of chemicals from items 32 to 34 where none of the items exceeds the quantities in columns 4 or 5 on their own	1 000kg or 1 000L	10 000kg or 10 000L
36.	Skin corrosion	Category 1A	50kg or 50L	500kg or 500L
37.	Category 1B	250kg or 250L	2 500kg or 2 500L
38.	Category 1C	1 000kg or 1 000L	10 000kg or 10 000L
39.	Corrosive to metals	Category 1	1 000kg or 1 000L	10 000kg or 10 000L
40.	Any combination of chemicals from items 36 to 39 where none of the items exceeds the quantities in columns 4 or 5 on their own	1 000kg or 1 000L	10 000kg or 10 000L
41.	Unstable explosives	5kg or 5L	50kg or 50L
42.	Unstable chemicals	Any combination of chemicals from items 10, 28 and 41 where none of the items exceeds the quantities in columns 4 or 5 on their own	5kg or 5L	50kg or 50L
43.	Aerosols	Category 1, category 2, category 3 or any combination of categories 1, 2 and 3	5 000L	10 000L

Notes
1.	In item 2, Gases under pressure with acute toxicity, category 4 only applies up to a LC50 of 5 000 ppmV. This is equivalent to dangerous goods of Division 2.3.
2.	Item 43 includes flammable aerosols.

1	Determination of classification of flammable liquids
For the purposes of this table, if a flammable liquid category 4 is used, handled or stored in the same spill compound as one or more flammable liquids of categories 1, 2 or 3, the total quantity of flammable liquids categories 1, 2 or 3 must be determined as if the flammable liquid category 4 had the same classification as the flammable liquid in the spill compound with the lowest flash point.

Example

For placarding and manifest purposes, a spill compound containing 1 000L of flammable liquid category 1 and 1 000L of flammable liquid category 4 is considered to contain 2 000L of flammable liquid category 1.

Schedule 12Manifest Requirements

Regulation 347(2)

1. Manifest – general information The manifest of hazardous chemicals must include – (a) the name of the person conducting the business or undertaking; and (b) the address of the workplace; and (c) the date the manifest was last amended or, if it has not been amended, the date it was prepared; and (d) business hours and after hours telephone numbers for at least 2 persons who may be contacted if there is a notifiable incident at the workplace. 2. Manifest – bulk storage and containers (1)This clause applies if a hazardous chemical is stored at a workplace in bulk or in a container. (2)For each hazardous chemical stored in bulk other than in a container, the manifest of hazardous chemicals must include – (a) the name of the chemical; and (b) the quantity of the chemical stored. (3)For each container storing the hazardous chemical, the manifest of hazardous chemicals must include – (a) the identification number or code of the container; and (b) the type and capacity of the container; and (c) for a fixed vertical tank used to store fire risk hazardous chemicals – the diameter of the tank. 3. Manifest – identification of hazardous chemical The manifest of hazardous chemicals must include – (a) for a hazardous chemical, other than a flammable liquid category 4, unstable explosive, organic peroxide type A or self-reactive substance type A – (i) the proper shipping name as stated in Table 3.2.3 of the ADG Code for the chemical; and (ii) the UN number as stated in Table 3.2.3 of the ADG Code for the hazardous chemical; and (iii) the class and division of the hazardous chemical as stated in Table 3.2.3 of the ADG Code; and (b) for a flammable liquid category 4 – (i) the product identifier; and (ii) the words ‘combustible liquid’; and (c) for an unstable explosive, organic peroxide type A or self-reactive substance type A – (i) the name of the hazardous chemical stated in the ADG Code, Appendix A; and (ii) the words ‘goods too dangerous to be transported’. 4. Manifest – storage area for packaged hazardous chemicals (1)This clause applies if – (a) a storage area – (i) contains, or is likely to contain, a packaged hazardous chemical, or a hazardous chemical in an IBC; and (ii) is required under these regulations to have a placard; and (b) the hazardous chemicals are dangerous goods under the ADG Code. (2)The manifest of hazardous chemicals must include – (a) the identification number or code for the storage area; and (b) for hazardous chemicals with an assigned class specified in Table 3.2.3 of the ADG Code – the largest quantity of each class of hazardous chemicals likely to be kept in the storage area; and (c) for the specified hazardous chemicals that are likely to be kept in the storage area – (i) the proper shipping name of the hazardous chemical as specified in Table 3.2.3 of the ADG Code; and (ii) the class to which the hazardous chemical is assigned as specified in Table 3.2.3 of the ADG Code; and (iii) the largest quantity of the hazardous chemical likely to be kept in the storage area; and (d) for an unstable explosive, organic peroxide type A or self-reactive substance type A that is likely to be kept in the storage area – (i) the name of the hazardous chemical; and (ii) the words ‘goods too dangerous to be transported’; and (iii) the largest quantity of the hazardous chemical likely to be kept in the storage area; and (e) for hazardous chemicals with an assigned class specified in Table 3.2.3 of the ADG Code – the class to which the hazardous chemical is assigned; and (f) for flammable liquids category 4 – the words ‘combustible liquid’. (3)In this clause, specified hazardous chemicals means any of the following: (a) flammable liquid category 1; (b) self-reactive substances type B; (c) substances which in contact with water emit flammable gas category 1; (d) pyrophoric liquids category 1; (e) pyrophoric solids category 1; (f) organic peroxides type B; (g) acute toxicity category 1; (h) oxidising solids category 1; (i) oxidising liquids category 1; (j) skin corrosion category 1A; (k) gases under pressure with acute toxicity categories 1, 2 or 3 or skin corrosion categories 1A, 1B or 1C. 5. Manifest – hazardous chemicals being manufactured For each area in which hazardous chemicals are manufactured, the manifest must include – (a) the identification number or code of the area; and (b) a description of the hazardous chemicals manufactured in the area; and (c) the average and largest quantity of each hazardous chemical likely to be manufactured in the area. 6. Manifest – hazardous chemicals in transit (1)This clause applies to hazardous chemicals at a workplace if the hazardous chemicals are – (a) dangerous goods under the ADG Code in transit at the workplace; and (b) accompanied by dangerous goods transport documents (the transport documents) in relation to the hazardous chemicals that comply with the ADG Code. (2)The person conducting a business or undertaking at the workplace is taken to comply with clauses 4 and 5 in relation to the hazardous chemicals if the manifest includes a compilation of the transport documents. 7. Manifest – plan of workplace The manifest of hazardous chemicals at a workplace must include a scale plan of the workplace that – (a) shows the location of – (i) containers and other storage of hazardous chemicals in bulk; and (ii) storage areas for packaged hazardous chemicals and IBCs; and (iii) each area where hazardous chemicals are manufactured or generated; and (b) includes a description in words of the location of – (i) the things referred to in paragraph (a); and (ii) hazardous chemicals in transit; and (c) provides the identification number or code, and a legend for the identification numbers and codes, for the things referred to in paragraph (a); and (d) shows the location of – (i) the main entrance and other places of entry to and exit from the workplace; and (ii) essential site services, including fire services and isolation points for fuel and power; and (iii) all drains on the site; and (iv) the manifest; and (e) includes the direction of true north; and (f) describes the nature of the occupancy of adjoining sites or premises. Schedule 13Placard Requirements

Regulations 349(2) and 350(2)

1. Displaying placards (1)This clause applies if a person conducting a business or undertaking at a workplace must display a placard at the workplace in relation to a hazardous chemical. (2)The person must ensure that the placard is – (a) clearly legible by persons approaching the placard; and (b) separate from any other sign or writing that contradicts, qualifies or distracts attention from the placard; and (c) if a placard quantity of the hazardous chemical is contained in a building – (i) located as close as is reasonably practicable to the main entrance of the building; and (ii) located at the entrance to each room or walled section of the building in which the hazardous chemical is used, handled or stored; and (d) if the hazardous chemical is contained in a container or outside storage area – located next to the container or outside storage area; and (e) for a placard to which clause 3 applies – located at each entrance to the workplace where an emergency service organisation may enter the workplace; and (f) for a placard to which clause 4 applies – located on or next to each container or storage area in which the hazardous chemicals are stored; and (g) for a placard to which clause 6 applies – located at each entrance to a storage area in which the hazardous chemicals are stored. 2. Maintaining placards A person who is required to display a placard must – (a) amend the placard as soon as practicable if – (i) the type or quantity of hazardous chemical used, handled or stored at the workplace changes; and (ii) the change requires the information displayed on the placard to be amended; and (b) ensure that the placard is – (i) kept clean; and (ii) maintained in good repair; and (iii) not covered or obscured. 3. Outer warning placards – requirements (1)This clause applies if a person conducting a business or undertaking at a workplace must display an outer warning placard at the workplace in relation to a hazardous chemical.

Note

Regulation 349 sets out when an outer warning placard is required, and states that it is not required for retail fuel outlets.

(2)The outer warning placard must – (a) comply with the form shown in figure 13.1; and (b) display the word ‘HAZCHEM’ in red letters on a white or silver background. (3)In this clause, red means the colour ‘signal red’ in accordance with AS 2700S–1996 (R13) (Colour standards for general purposes –signal red). 4. Placards for particular hazardous chemicals stored in bulk (1)This clause applies if a person conducting a business or undertaking at a workplace must display a placard at the workplace in relation to the storage in bulk of any of the following hazardous chemicals: (a) gases under pressure, including flammable gases and flammable aerosols; (b) flammable liquids category 1, 2 or 3; (c) flammable solids category 1 or 2, self-reactive substances types B to F, self-heating substances category 1 or 2 or substances that, in contact with water, emit flammable gases; (d) organic peroxides types B to F, oxidising solids and oxidising liquids category 1, 2 or 3; (e) acute toxicity category 1, 2 or 3; (f) skin corrosion category 1A, 1B or 1C and corrosive to metals category 1. (2)The placard must – (a) comply with the template in figure 13.2; and (b) subject to subclause 4(b) and (c), have dimensions not less than those shown in figure 13.2. (3)The placard must include the following in figure 13.2 for the hazardous chemical: (a) in space (p) – the proper shipping name for the hazardous chemical as specified in Table 3.2.3 of the ADG Code; (b) in space (q) – the UN Number for the hazardous chemical as specified in Table 3.2.3 of the ADG Code; (c) in space (r) – the Hazchem Code for the hazardous chemical as specified in Table 3.2.3 of the ADG Code; (d) in space (s) – the class label and subsidiary risk label for the hazardous chemical as specified in Table 3.2.3 of the ADG Code. (4)For subclause (3)(a) to (c), the numerals and letters used for showing the proper shipping name, UN number and Hazchem Code must be – (a) black on a white background, unless a letter of the Hazchem Code is white on a black background; and (b) if the proper shipping name requires a single line only – at least 100mm high; and (c) if the proper shipping name requires 2 lines – at least 50mm high. (5)For subclause 3(d) – (a) the class label and subsidiary risk label (if any) must have the form and colouring stated in the ADG Code for the hazardous chemical; and (b) the class label must have – (i) if there is a subsidiary risk label – sides not less than 200mm; or (ii) in any other case – sides of not less than 250mm; and (c) if there is a subsidiary risk label – the subsidiary risk label must have sides of not less than 150mm; and (d) if there are 2 or more subsidiary risk labels – the width of the right hand part of the placard may be extended. 5. Placards for unstable explosives, organic peroxides type A or self-reactive substances type A stored in bulk (1)This clause applies if a person conducting a business or undertaking at a workplace must display a placard at the workplace in relation to unstable explosives, organic peroxides type A or self-reactive substances type A that are stored in bulk. (2)The placard must – (a) comply with the form in figure 13.2; and (b) have dimensions not less than those shown in figure 13.2. (3)The placard must include the following, as indicated in figure 13.2, for the hazardous chemical: (a) in space (p) – the name stated in the ADG Code for the hazardous chemical; (b) in space (q) – the space left blank; (c) in space (r) – the space left blank; (d) in space (s) – the label in figure 13.3. (4)For subclause 3(a), the letters used for showing the name must be – (a) black on a white background; and (b) if the name requires a single line only – at least 100mm high; and (c) if the name requires 2 lines – at least 50mm high. (5)For subclause 3(d), the label must have sides of not less than 250mm. 6. Placards for packaged Schedule 11 hazardous chemicals (other than flammable liquids category 4) and IBCs (1)This clause applies if a person conducting a business or undertaking at a workplace must display a placard at the workplace in relation to the storage of – (a) packaged Schedule 11 hazardous chemicals (other than flammable liquids category 4); or (b) a Schedule 11 hazardous chemical in an IBC. (2)The placard must – (a) be in the form shown in figure 13.4; and (b) be of sufficient size to accommodate the labels to be included on the placard; and (c) have a white or silver background; and (d) include each required class label – (i) in the form and colouring stated in the ADG Code for the hazardous chemical; and (ii) with sides not less than 100mm. (3)The placard must include the following: (a) for a Schedule 11 hazardous chemical (other than unstable explosive, organic peroxide type A, self-reactive substance type A) present in a storage area at the workplace – the class label as stated in the ADG Code for each category of hazardous chemicals present in at least the placard quantity; or (b) for a flammable liquid category 4 stored with flammable liquids in a storage area at the workplace – a class 3 class label as stated in the ADG Code; or (c) for an unstable explosive, organic peroxide type A or self-reactive substance type A – the label in figure 13.3. (4)If hazardous chemicals in an IBC at the workplace are Schedule 11 hazardous chemicals intended for transport, and not intended for use at the workplace – (a) the IBC must display a placard in accordance with the ADG Code; and (b) the storage area at the workplace must display a placard in accordance with this clause. 7. Placards for flammable liquids category 4 packaged or in bulk (1)This clause applies if a person conducting a business or undertaking at a workplace must display a placard at the workplace in relation to the storage of – (a) a packaged flammable liquid category 4; or (b) a flammable liquid category 4 in bulk. (2)The placard must – (a) be in the form shown in figure 13.5; and (b) have dimensions not less than those shown in figure 13.5; and (c) have black letters on a white or silver background. Schedule 14Requirements for Health Monitoring

Regulations 368, 370 and 406

Table 14.1 – Hazardous chemicals (other than lead) requiring health monitoring

Column 1	Column 2	Column 3
Item	Hazardous chemical	Type of health monitoring
1.	Acrylonitrile	Demographic, medical and occupational history
Records of personal exposure
Physical examination
2.	Arsenic (inorganic)	Demographic, medical and occupational history
Records of personal exposure
Physical examination with emphasis on the peripheral nervous system and skin
Urinary inorganic arsenic
3.	Benzene	Demographic, medical and occupational history
Records of personal exposure
Physical examination
Baseline blood sample for haematological profile
4.	Cadmium	Demographic, medical and occupational history
Records of personal exposure
Physical examination with emphasis on the respiratory system
Standard respiratory questionnaire to be completed
Standardised respiratory function tests including for example, FEV1, FVC and FEV1/FVC
Urinary cadmium and β2-microglobulin
Health advice, including counselling on the effect of smoking on cadmium exposure
5.	Chromium (inorganic)	Demographic, medical and occupational history
Physical examination with emphasis on the respiratory system and skin
Weekly skin inspection of hands and forearms by a competent person
6.	Creosote	Demographic, medical and occupational history
Health advice, including recognition of photosensitivity and skin changes
Physical examination with emphasis on the neurological system and skin, noting any abnormal lesions and evidence of skin sensitisation
Records of personal exposure, including photosensitivity
7.	Crystalline silica	Demographic, medical and occupational history
Records of personal exposure
Standardised respiratory questionnaire to be completed
Standardised respiratory function tests, for example, FEV1, FVC and FEV1/FVC
Chest X-ray full size PA view
8.	Isocyanates	Demographic, medical and occupational history
Completion of a standardised respiratory questionnaire
Physical examination of the respiratory system and skin
Standardised respiratory function tests, for example, FEV1, FVC and FEV1/FVC
9.	Mercury (inorganic)	Demographic, medical and occupational history
Physical examination with emphasis on dermatological, gastrointestinal, neurological and renal systems
Urinary inorganic mercury
10.	4,4’-Methylene bis (2-chloroaniline) (MOCA)	Demographic, medical and occupational history
Physical examination
Urinary total MOCA
Dipstick analysis of urine for haematuria
Urine cytology
11.	Organophosphate pesticides	Demographic, medical and occupational history including pattern of use
Physical examination
Baseline estimation of red cell and plasma cholinesterase activity levels by the Ellman or equivalent method
Estimation of red cell and plasma cholinesterase activity towards the end of the working day on which organophosphate pesticides have been used
12.	Pentachlorophenol (PCP)	Demographic, medical and occupational history
Records of personal exposure
Physical examination with emphasis on the skin, noting any abnormal lesions or effects of irritancy
Urinary total pentachlorophenol
Dipstick urinalysis for haematuria and proteinuria
13.	Polycyclic aromatic hydrocarbons (PAH)	Demographic, medical and occupational history
Physical examination
Records of personal exposure, including photosensitivity
Health advice, including recognition of photosensitivity and skin changes
14.	Thallium	Demographic, medical and occupational history
Physical examination
Urinary thallium
15.	Vinyl chloride	Demographic, medical and occupational history
Physical examination
Records of personal exposure

Table 14.2 – Lead requiring health monitoring

Column 1	Column 2	Column 3
Item	Lead	Type of health monitoring
1.	Lead (inorganic)	Demographic, medical and occupational history
Physical examination
Biological monitoring

Schedule 15Hazardous Chemicals at Major Hazard Facilities (and their Threshold Quantity)

Chapter 9

1. Definitions In this Schedule – Class has the same meaning as in the ADG Code; Division has the same meaning as in the ADG Code; Packing Group has the same meaning as in the ADG Code; subsidiary risk has the same meaning as in the ADG Code. 2. Relevant hazardous chemicals The hazardous chemicals that characterise a workplace as a facility for the purposes of these regulations are the chemicals specifically referred to in table 15.1 and chemicals that belong to the types, classes and categories referred to in table 15.2. 3. Threshold quantity of one hazardous chemical (1)In relation to each hazardous chemical referred to in clause 2, column 3 of tables 15.1 and 15.2 provides a quantity that is described as the threshold quantity of that chemical. (2)If a hazardous chemical is referred to in table 15.1, the threshold quantity of the chemical is that described in table 15.1, whether or not the chemical also belongs to a type, class or category referred to in table 15.2. (3)If a hazardous chemical is not referred to in table 15.1, and the chemical belongs to a type, class or category referred to in table 15.2, the threshold quantity of that chemical is that of the type, class or category to which it belongs. (4)If a hazardous chemical is not referred to in table 15.1, and the chemical appears to belong to more than 1 of the types, classes or categories referred to in table 15.2, the threshold quantity of that chemical is that of the relevant type, class or category which has the lower or lowest threshold quantity. 4. Threshold quantity of more than 1 hazardous chemical If there is more than 1 hazardous chemical, a threshold quantity of chemicals exists where, if a number of chemicals are present, the result of the following aggregation formula exceeds 1: 5. How table 15.1 must be used (1)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.

Examples
1.	The hazardous chemicals are too dangerous to be transported.
2.	The hazardous chemicals are part of mixtures covered by a different UN number.

(2)Any hazardous chemicals that are covered by the listed UN numbers must be included in the quantity of the chemical named. 6. How table 15.2 must be used (1)The quantities specified for explosives in table 15.2 relate to the weight of explosive exclusive of packagings, casings and other non-explosive components. (2)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	5 000
2068
2069
2070
9.	AMMONIUM NITRATE, with not more than 0.2% combustible substances, including any organic substance calculated as carbon, to the exclusion of any other added substance	1942	2 500
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	20
1614
27.	HYDROGEN FLUORIDE	1052	50
28.	HYDROGEN SULFIDE	1053	50
29.	LP GASES	1011	200
1012
1075
1077
1978
30.	METHANE or NATURAL GAS	1971	200
1972
31.	METHYL BROMIDE	1062	200
32.	METHYL ISOCYANATE	2480	0.15
33.	OXIDES OF NITROGEN, including nitrous oxide, nitrogen dioxide and nitrogen trioxide	1067	50
1070
1660
1975
2201
2421
34.	OXYGEN	1072	2 000
1073
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 Risk 2.1	200
Liquefied gases of Subsidiary Risk 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 meet 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 <61o 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

Column 1	Column 2	Column 3
Description	Oral Toxicity1 LD50 (mg/kg)	Dermal Toxicity2 LD50 (mg/kg)	Inhalation Toxicity3 LC50 (mg/L)
Very Toxic	LD50≤ 5	LD50≤ 40	LC50≤ 0.5
Toxic	5 < LD50≤ 50	40 < LD50≤ 200	0·5 < LC50≤ 2
Key
1	In rats
2	In rats or rabbits
3	4 hours in rats

Schedule 16Matters to be included in Emergency Plan for Major Hazard Facility

Regulation 557

1	Site and hazard detail
1.1	The location of the facility, including its street address and the nearest intersection (if any).
Note
Sufficient detail must be provided to enable a person not familiar with the site to find it.
1.2	A map –
(a) showing the site of the major hazard facility; and
(b) showing land use and occupancy in the surrounding area, and any other closely located major hazard facilities and hazardous chemical storage sites; and
(c) identifying all potentially hazardous inventories in the area that are known to the operator and the location of all staging points for emergency service organisations.
1.3	An inventory of all hazardous chemicals present or likely to be present at the facility, and their location.
1.4	A brief description of the nature of the facility and its operation.
1.5	The maximum number of persons, including workers, likely to be present at the facility on a normal working day.
1.6	The emergency planning assumptions, including emergency measures planned for identified incidents and likely areas affected.
1.7	The protective resources available to control an incident.
1.8	The emergency response procedures.
1.9	The infrastructure (on-site and off-site) likely to be affected by a major incident.
2	Command structure and site personnel
2.1	The command philosophy and structure to be activated in an emergency, so that it is clear what actions will be taken, who will take these actions and how, when and where they will be taken.
2.2	Details of the person who can clarify the content of the emergency plan if necessary.
2.3	The contact details of, and the means of contacting, the persons at the facility responsible for liaising with emergency service organisations.
2.4	A list of 24 hour emergency contacts.
2.5	Arrangements for assisting emergency service organisations and nearby facilities with control actions taken in the surrounding area.
3	Notifications
3.1	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 regulation 557.
3.2	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 regulation 573.
3.3	On-site and off-site warning systems.
3.4	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.
3.5	On-site communication systems.
4	Resources and equipment
4.1	On-site emergency resources, including emergency equipment, personnel, gas detectors, wind velocity detectors, sand, lime, neutralising agents, absorbents, spill bins and decontamination equipment.
4.2	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.
5	Procedures
5.1	Procedures for the safe evacuation of, and accounting for, all people on site.
5.2	Procedures and control points for utilities, including gas, water and electricity.
5.3	Procedures for the control of any incident involving Schedule 15 chemicals.
5.4	Procedures for decontamination following an incident involving Schedule 15 chemicals.

Schedule 17Additional Matters to be included in Safety Management System of Major Hazard Facility

Regulation 558

1	Safety policy and safety objectives
1.1	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.
1.2	The safety policy must include an express commitment to ongoing improvement of all aspects of the safety management system.
2	Organisation and personnel
2.1	The identification (according to position description and location) of the persons who are to participate in the implementation of the safety management system, and a description of the command structure in which these persons work and of the specific tasks and responsibilities allocated to them.
2.2	A description of the means of ensuring that these persons have the knowledge and skills necessary to enable them to undertake their allocated tasks and discharge their allocated responsibilities, and that they retain such knowledge and skills.
3	Operational controls
3.1	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.
3.2	Provision of adequate means of achieving isolation of the major hazard facility or any part of the major hazard facility in the event of an emergency.
3.3	Provision of adequate means of gaining access for service and maintenance of the major hazard facility or any part of the major hazard facility.
3.4	A description of the roles of persons and of the interfaces between persons and plant.
3.5	Provision for alarm systems.
4	Duties of operators
4.1	A description of the means by which the operator proposes to comply with the Act and with Division 3 of Part 9.3, Part 9.4 and Part 9.5 of these regulations.
4.2	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.
5	Management of change
A description of the procedures for planning modifications to major hazard facilities.
6	Principles and standards
6.1	A statement of the principles, especially the design principles and engineering standards, being used to ensure the safe operation of the major hazard facility.
6.2	A description of any technical standards, whether published or proprietary, being relied on in relation to such principles and standards.
7	Performance monitoring
7.1	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.
7.2	A description of the way in which these performance standards are to be met.
7.3	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 any control measure; and
(c) actions to be taken in reporting any such failure; and
(d) other corrective actions to be taken in the event of any such failure.
8	Audit
Provision for the auditing of performance against the performance standards, including the methods, frequency and results of the audit process.

Schedule 18Additional Matters to be included in Safety Case for a Major Hazard Facility

Regulation 561

PART 1Facility description

1	The facility
1.1	A brief description of the nature of the facility and its operation, including a description of on-site activities and processes that involve or will involve Schedule 15 chemicals.
1.2	A description of the Schedule 15 chemicals and any other hazardous chemicals present or likely to be present at the facility, including –
(a) their identification by name and by any 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 any other hazardous characteristics, both immediate and delayed; and
(d) their physical and chemical behaviour under normal conditions of use or under foreseeable abnormal conditions.
1.3	A description of the chemical and physical processes associated with any Schedule 15 chemicals present or likely to be present at the facility, including –
(a) the main units of plant used in those processes; and
(b) a process flow drawing, or set of flow drawings, describing the processes.
1.4	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.
1.5	In relation to proposed changes at the major hazard facility for which no new control measures are implemented –
(a) a description of any 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 any 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.
2	The surrounding area
2.1	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 any other closely located major hazard facilities and hazardous chemical storage sites; and
(d) the location of any identified external conditions (including other major hazard facilities or other facilities that could affect the safety of the major hazard facility).
2.2	Graphically presented demographic information for the local community, including surrounding land uses permitted by the local authority.
2.3	Meteorological data relevant to the estimation of the effects of any major incident.

PART 2Safety information

3	Control measures to limit the consequences of major incidents
3.1	A detailed description of –
(a) the instrumentation and other equipment installed in the facility and the processes and procedures in place that are the control measures to be implemented by the operator; and
(b) the critical operating parameters for those control measures; and
(c) key personnel and resources (internal and external) available to intervene in the event of any failure of a control measure, whether or not that 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 that 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.
3.2	In item 3.1 –
critical operating parameters means the upper or lower performance limits of any equipment, process or procedure, compliance with which is necessary to avoid a major incident;
failure of a control measure means –
(a) if the control measure is a positive action or event – the non-occurrence or the defective occurrence of that action or event; or
(b) if the control measure consists of a limitation on an operational activity, process or procedure – the breach of that limitation.
4	Performance monitoring
A detailed description of the performance standards and performance indicators required by item 7 of Schedule 17 to be included in the safety management system.
5	Safety management system
5.1	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.
5.2	A description of those parts of the documented safety management system that address the ongoing effective implementation and ongoing review and revision of the safety management system.
6	Safety and reliability of facility structures and plant
A description of the steps taken to ensure that 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.
7	Major incident history
A summary of the major incidents that have occurred at the major hazard facility over the previous 5 years.

Schedule 18AInfringement Notice Offences

Regulation 702A

Column 1	Column 2	Column 3 Penalty ($)
Item	Offence
For an individual	For a body corporate
1.	Section 38(7)	600	3 000
2.	Section 70(1)	720	3 600
3.	Section 70(2)	720	3 600
4.	Section 72(7)	720	3 600
5.	Section 74(1)	240	1 200
6.	Section 75(1)	600	3 000
7.	Section 79(3)	720	3 600
8.	Section 79(4)	720	3 600
9.	Section 97(1)	600	3 000
10.	Section 193	720	3 600
11.	Section 273	600	3 000
12.	Regulation 22(3)	432	2 160
13.	Regulation 46(2)	432	2 160
14.	Regulation 46(3)	432	2 160
15.	Regulation 46(4)	432	2 160
16.	Regulation 48(2)	720	3 600
17.	Regulation 50(1)	720	3 600
18.	Regulation 50(2)	144	720
19.	Regulation 66(2)	432	2 160
20.	Regulation 66(5)	432	2 160
21.	Regulation 67(4)	720	3 600
22.	Regulation 68(1)	432	2 160
23.	Regulation 69	720	3 600
24.	Regulation 72(1)	720	3 600
25.	Regulation 72(2)	720	3 600
26.	Regulation 76(2)	144	720
27.	Regulation 77(2)	144	720
28.	Regulation 77(3)	144	720
29.	Regulation 77(4)	144	720
30.	Regulation 77(5)	432	2 160
31.	Regulation 85(1)	432	2 160
32.	Regulation 85(2)	432	2 160
33.	Regulation 85(3)	432	2 160
34.	Regulation 85(4)	144	720
35.	Regulation 94(1)	144	720
36.	Regulation 96	144	720
37.	Regulation 97	144	720
38.	Regulation 98(1)	144	720
39.	Regulation 111	144	720
40.	Regulation 124(1)	144	720
41.	Regulation 124(2)	144	720
42.	Regulation 125(1)	144	720
43.	Regulation 126	144	720
44.	Regulation 127(1)	144	720
45.	Regulation 139	144	720
46.	Regulation 142(1)	144	720
47.	Regulation 150(1)	432	2 160
48.	Regulation 150(2)	432	2 160
49.	Regulation 150(3)	144	720
50.	Regulation 154	720	3 600
51.	Regulation 155(1)	720	3 600
52.	Regulation 155(2)	720	3 600
53.	Regulation 159	720	3 600
54.	Regulation 160	720	3 600
55.	Regulation 165(1)	432	2 160
56.	Regulation 165(2)	144	720
57.	Regulation 170	144	720
58.	Regulation 175(1)	144	720
59.	Regulation 175(2)	144	720
60.	Regulation 175(3)	144	720
61.	Regulation 180	144	720
62.	Regulation 181(2)	144	720
63.	Regulation 181(3)	144	720
64.	Regulation 181(4)	144	720
65.	Regulation 182(2)	144	720
66.	Regulation 182(3)	144	720
67.	Regulation 182(4)	432	2 160
68.	Regulation 182(5)	144	720
68A.	Regulation 216A(1)	144	720
68B.	Regulation 216A(2)	144
68C.	Regulation 216A(3)	144
69.	Regulation 224(1)	432	2 160
70.	Regulation 224(2)	432	2 160
71.	Regulation 226(1)	144	720
72.	Regulation 226(3)	144	720
73.	Regulation 226(4)	144	720
74.	Regulation 228	144	720
75.	Regulation 229(1)	144	720
76.	Regulation 229(2)	144	720
77.	Regulation 230(1)	144	720
78.	Regulation 230(2)	144	720
79.	Regulation 230(3)	144	720
80.	Regulation 237(2)	144	720
81.	Regulation 237(4)	144	720
82.	Regulation 237(5)	144	720
83.	Regulation 238(2)	720	3 600
84.	Regulation 253	432	2 160
85.	Regulation 254	432	2 160
86.	Regulation 260(3)	144	720
87.	Regulation 260(4)	144	720
88.	Regulation 260(5)	144	720
89.	Regulation 262(1)	144	720
90.	Regulation 273(3)	144	720
91.	Regulation 273(4)	144	720
92.	Regulation 275(1)	144	720
93.	Regulation 282(1)	144	720
94.	Regulation 287	144	720
95.	Regulation 288(1)	144	720
96.	Regulation 295(1)	432	2 160
97.	Regulation 296	432	2 160
98.	Regulation 301	432	2 160
99.	Regulation 302	432	2 160
100.	Regulation 303(1)	144	720
101.	Regulation 303(2)	144	720
102.	Regulation 303(3)	432	2 160
103.	Regulation 304(3)	432	2 160
104.	Regulation 304(4)	432	2 160
105.	Regulation 304(5)	144	720
106.	Regulation 308	432	2 160
107.	Regulation 312	432	2 160
108.	Regulation 313(1)	144	720
109.	Regulation 313(2)	144	720
110.	Regulation 313(3)	432	2 160
111.	Regulation 313(4)	144	720
112.	Regulation 316	432	2 160
113.	Regulation 326(1)	144	720
114.	Regulation 326(2)	144	720
115.	Regulation 378(1)	144	720
116.	Regulation 378(2)	144	720
117.	Regulation 387(2)	432	2 160
118.	Regulation 388(2)	432	2 160
119.	Regulation 388(3)	432	2 160
120.	Regulation 390(2)	144	720
121.	Regulation 390(3)	144	720
122.	Regulation 391(3)	144	720
123.	Regulation 409(1)	432	2 160
124.	Regulation 415(2)	432	2 160
125.	Regulation 418(2)	144	720
126.	Regulation 423(2)	144	720
127.	Regulation 425(1)	432	2 160
128.	Regulation 425(2)	432	2 160
129.	Regulation 426	432	2 160
130.	Regulation 427(1)	432	2 160
131.	Regulation 427(2)	432	2 160
132.	Regulation 429(5)	432	2 160
133.	Regulation 432(5)	432	2 160
134.	Regulation 434	720	3 600
135.	Regulation 438(1)	432	2 160
136.	Regulation 438(2)	432	2 160
137.	Regulation 444(1)	144	720
138.	Regulation 444(2)	144	720
139.	Regulation 445(3)	144	720
140.	Regulation 445(4)	144	720
141.	Regulation 449	720	3 600
142.	Regulation 450	720	3 600
143.	Regulation 451(5)	432	2 160
144.	Regulation 461(1)	144	720
145.	Regulation 461(2)	144	720
146.	Regulation 464(3)	432	2 160
147.	Regulation 465(1)	432	2 160
148.	Regulation 465(2)	432	2 160
149.	Regulation 465(3)	432	2 160
150.	Regulation 482(3)	432	2 160
151.	Regulation 505(1)	144	720
152.	Regulation 506(1)	144	720
153.	Regulation 507(1)	144	720
154.	Regulation 512	144	720
155.	Regulation 513(1)	144	720
156.	Regulation 525	144	720
157.	Regulation 529	432	2 160
158.	Regulation 555(4)	720	3 600
159.	Regulation 572(4)	144	720
160.	Regulation 587(1)	144	720
161.	Regulation 588(1)	144	720
162.	Regulation 593	144	720
163.	Regulation 594(1)	144	720
164.	Regulation 607	144	720

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 30 November 2022

These regulations are administered in the Department of Justice.