Workplace Health and Safety Amendment Regulation (No. 1) 2003 (Qld)

Queensland Subordinate Legislation 2003 No. 68 Workplace Health and Safety Act 1995 WORKPLACE HEALTH AND SAFETY AMENDMENT REGULATION (No. 1) 2003 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 16—ROLL-OVER PROTECTIVE STRUCTURES FOR WHEELED TRACTORS Division 1—Interpretation 146 Definitions for pt 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 147 Meaning of “tractor” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 148 Demonstrator tractor is taken to be new . . . . . . . . . . . . . . . . . . . . . . 4 Division 2—Ways to prevent or minimise risk from wheeled tractor rolling over 149 Ways to prevent or minimise risk prescribed. . . . . . . . . . . . . . . . . . . 5 150 Roll-over protective structure to be fitted to wheeled tractor used by employer or self-employed person. . . . . . . . . . . . . . . . . . . . . . . . . . . 5 151 Roll-over protective structure to be fitted to wheeled tractor used by worker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 152 Roll-over protective structure to be fitted to wheeled tractor used for business or undertaking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 153 Roll-over protective structure to be fitted to wheeled tractor hired, leased or borrowed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2 Workplace Health and Safety Amendment Regulation No. 68, 2003 (No. 1) 2003 Division 3—Obligation of prospective supplier of wheeled tractor not fitted with a roll-over protective structure 154 Obligation of prospective supplier of wheeled tractor not fitted with a roll-over protective structure ......................... 7 5 Amendment of s 229 (Rural industry exemption). . . . . . . . . . . . . . . . . . . . . 8 6 Amendment of sch 9 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

s1 3 s4 Workplace Health and Safety Amendment Regulation No. 68, 2003 (No. 1) 2003 1 Short title This regulation may be cited as the Workplace Health and Safety Amendment Regulation (No. 1) 2003 . 2 Commencement This regulation commences on 1 July 2003. 3 Regulation amended This regulation amends the WorkplaceHealthandSafetyRegulation 1997. 4 Insertion of new pt 16 After section 145— insert— ‘PART 16—ROLL-OVER PROTECTIVE STRUCTURES FOR WHEELED TRACTORS ‘Division 1—Interpretation ‘146 Definitions for pt 16 ‘In this part— “exempt tractor” means a tractor that— (a) weighs less than 560 kg, or more than 15 000 kg, measured with a full fuel tank, coolant and lubricating oil; or (b) is being used in, or driven to or from, an orchard that would impede the operation of the tractor if a roll-over protective structure were to be fitted to the tractor; or (c) is being used in or near a building or other structure that would impede the operation of the tractor if a roll-over protective structure were to be fitted to the tractor; or (d) is being used in a stationary position; or

s4 4 s4 Workplace Health and Safety Amendment Regulation No. 68, 2003 (No. 1) 2003 (e) is being driven to or from a place where the tractor is to be used, or has been used, in a stationary position; or (f) is being maintained, modified, serviced or repaired if it is necessary to remove the tractor’s roll-over protective structure to do the maintenance, modification, service or repair. “roll-over protective structure” means a structure designed and constructed to prevent or minimise the risk of death or injury to the operator of a tractor because of the tractor rolling over in any direction. “tractor” see section 147. ‘147 Meaning of “tractor” ‘ (1) In this part, “tractor” means a vehicle primarily designed to— (a) haul agricultural machinery or implements; or (b) provide power for agricultural machinery or implements by transmission shaft, belt or linkage system. ‘ (2) For subsection (1), it does not matter whether the vehicle— (a) is used at an agricultural workplace; or (b) can be converted temporarily into earthmoving machinery. ‘ (3) However, a vehicle primarily designed as earthmoving machinery is not a tractor under this part. Example of earthmoving machinery — A dozer or front-end loader. ‘148 Demonstrator tractor is taken to be new ‘For this part, a tractor that is a demonstrator for new tractors is taken to be new.

s4 5 s4 Workplace Health and Safety Amendment Regulation No. 68, 2003 (No. 1) 2003 ‘Division 2—Ways to prevent or minimise risk from wheeled tractor rolling over ‘149 Ways to prevent or minimise risk prescribed ‘Sections 150 to 153 prescribe ways of preventing or minimising exposure of the operator of a wheeled tractor to the risk of death or injury from the tractor rolling over. ‘150 Roll-over protective structure to be fitted to wheeled tractor used by employer or self-employed person ‘ (1) This section does not apply to— (a) an exempt tractor; or (b) a tractor manufactured before 1 January 1981. ‘ (2) An employer or self-employed person must ensure that a wheeled tractor used by himself or herself, as the operator of the tractor, in the conduct of his or her business or undertaking is fitted with a roll-over protective structure. ‘ (3) However, until the end of 30 June 2007, subsection (2) applies only if the tractor was purchased new by the employer or self-employed person, or by persons who include the employer or self-employed person, after the commencement of this section. ‘ (4) Also, if the roll-over protective structure is first fitted to the tractor after the commencement of this section, the roll-over protective structure must comply with AS 1636. 1 ‘151 Roll-over protective structure to be fitted to wheeled tractor used by worker ‘ (1) An employer must ensure that a wheeled tractor, other than an exempt tractor, used by a worker of the employer as the operator of the tractor is fitted with a roll-over protective structure. 1 AS 1636 (Tractors—Roll-over protective structures—Criteria and tests)

s4 6 s4 Workplace Health and Safety Amendment Regulation No. 68, 2003 (No. 1) 2003 ‘ (2) However, until the end of 30 June 2007, subsection (1) applies only if the tractor was purchased new by the employer, or by persons who include the employer, after the commencement of this section. ‘ (3) Also, if the roll-over protective structure is first fitted to the tractor after the commencement of this section, the roll-over protective structure must comply with AS 1636. ‘152 Roll-over protective structure to be fitted to wheeled tractor used for business or undertaking ‘ (1) A person (the “relevant person” ) who conducts a business or undertaking must ensure that a wheeled tractor, other than an exempt tractor, used by a person, as the operator of the tractor, for the purposes of the business or undertaking is fitted with a roll-over protective structure. ‘ (2) However, until the end of 30 June 2007, subsection (1) applies only if the tractor was purchased new by the relevant person, or by persons who include the relevant person, after the commencement of this section. ‘ (3) Also, if the roll-over protective structure is first fitted to the tractor after the commencement of this section, the roll-over protective structure must comply with AS 1636. ‘153 Roll-over protective structure to be fitted to wheeled tractor hired, leased or borrowed ‘ (1) Until the end of 30 June 2007, an employer or self-employed person must ensure that a tractor, other than an exempt tractor, is fitted with a roll-over protective structure if the tractor— (a) is being hired, leased or borrowed by the employer or self-employed person or by persons who include the employer or self-employed person; and (b) is used in the conduct of the employer’s or self-employed person’s business or undertaking. ‘ (2) Until the end of 30 June 2007, a person (the “relevant person” ) who conducts a business or undertaking must ensure that a tractor, other than an exempt tractor, is fitted with a roll-over protective structure if the tractor—

s4 7 s4 Workplace Health and Safety Amendment Regulation No. 68, 2003 (No. 1) 2003 (a) is being hired, leased or borrowed by the relevant person or by persons who include the relevant person; and (b) is used for the purposes of the relevant person’s business or undertaking. ‘ (3) Despite subsection (1) or (2), if the roll-over protective structure is first fitted to the tractor after the commencement of this section, the roll-over protective structure must comply with AS 1636. ‘Division 3—Obligation of prospective supplier of wheeled tractor not fitted with a roll-over protective structure ‘154 Obligation of prospective supplier of wheeled tractor not fitted with a roll-over protective structure ‘ (1) This section applies to a wheeled tractor that— (a) weighs at least 560 kg, but not more than 15 000 kg, measured with a full fuel tank, coolant and lubricating oil; and (b) is not fitted with a roll-over protective structure complying with AS 1636. ‘ (2) A person (the “prospective supplier” ) must not supply the tractor or expose it for supply. ‘ (3) However, until the end of 30 June 2004, subsection (2) applies only if the tractor is new. ‘ (4) The prospective supplier does not contravene subsection (2) if the person to whom the tractor is supplied or exposed for supply tells the prospective supplier, or someone for the prospective supplier, that the person intends to use the tractor only in 1 or more of the following ways (the “stated way” )— (a) in a stationary position; (b) in an orchard that would impede the operation of the tractor if a roll-over protective structure were to be fitted to the tractor; (c) in or near a building or other structure that would impede the operation of the tractor if a roll-over protective structure were to be fitted to the tractor.

s5 8 s6 Workplace Health and Safety Amendment Regulation No. 68, 2003 (No. 1) 2003 ‘ (5) However, subsection (4) does not apply if the prospective supplier knows or suspects that the person intends to use the tractor in a way other than the stated way. ‘ (6) Subsection (2) is a workplace health and safety obligation for the Act. 2 ‘ (7) In this section— “supply” includes sell, hire out, lease, auction, barter or supply.’. 5 Amendment of s 229 (Rural industry exemption) (1) Section 229(1)(f)— omit, insert— ‘(f) part 16; and (g) part 21, division 2; and (h) this section.’. (2) Section 229(1A)— omit . 6 Amendment of sch 9 (Dictionary) Schedule 9— insert— ‘ “exempt tractor” , for part 16, see section 146. “roll-over protective structure” , for part 16, see section 146. “tractor” , for part 16, see section 146.’. 2 See section 24 (Discharge of obligations) of the Act for the penalty for failing to discharge the obligation.

9 Workplace Health and Safety Amendment Regulation No. 68, 2003 (No. 1) 2003 ENDNOTES 1. Made by the Governor in Council on 17 April 2003. 2. Notified in the gazette on 17 April 2003. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Industrial Relations. © State of Queensland 2003