Workplace Health and Safety Amendment Regulation (No. 1) 2004 (Qld)

Queensland Workplace Health and Safety Amendment Regulation (No. 1) 2004 Subordinate Legislation 2004 No. 142 made under the State Penalties Enforcement Act 1999 Workplace Health and Safety Act 1995 Contents Part 1 Part 2 Part 3 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of State Penalties Enforcement Regulation 2000 2 Regulation amended in pt 2 . . . . . . . . . . . . . . . . 3 Amendment of sch 5 (Other legislation). . . . . . . Amendment of Workplace Health and Safety Regulation 1997 4 Regulation amended in pt 3 . . . . . . . . . . . . . . . . 5 Replacement of pt 2, div 3 (Registration of registrable plant design) . . . . . . . . . . . . . . . Division 3 Registration of registrable plant design 15 Application of div 3 . . . . . . . . . . . . . . . . 16 Plant not to be installed or used unless certificate of registration is in force . . . . 16A When certificate of registration is in force .................. 5 5 5 6 6 6 7 8

2 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 16B Certificate number to be given . . . . . . . 9 16C Certificate number to be marked on plant ................. 9 6 Amendment of s 35 (How to apply) . . . . . . . . . . 10 7 Insertion of new ss 35A–35C . . . . . . . . . . . . . . . 12 35A Prohibitions relating to design verification statements . . . . . . . . . . 12 35B Chief executive may ask for additional information for registration . . . . . . . . . . 12 35C Chief executive may require information from certificate holder . . . . . . . . . . 13 8 Amendment of s 69E (Asbestos materials report) . . . . . . . . . . . . . . . . . . . . 13 9 Amendment of s 76 (Meaning of “construction diving work”) . . . . . . . . . . . . . . . . . . . . . . . . 13 10 Amendment of s 86B (Count of all persons on board to be made and recorded) . . . . . . 14 11 Amendment of s 86F (Dive safety log). . . . . . . . 15 12 Amendment of s 86H (Count of all persons on board to be made and recorded) . . . . . . 16 13 Amendment of s 146 (Definitions for pt 16) . . . . 17 14 Amendment of s 154 (Obligation of prospective supplier of wheeled tractor not fitted with a roll-over protective structure) . . . . . . . . . 17 15 Amendment of s 167 (Definitions for pt 17) . . . . 18 16 Amendment of s 181 (Definitions for pt 18) . . . . 18 17 Amendment of s 183 (Risk of fall of less than 3 m in housing construction work or 2.4 m in other work or work on roof with a pitch of not more than 26º) . . . . . . . . . . . . . . . . . . . . . . 19 18 Amendment of s 184 (Risk of fall of at least 3 m in housing construction work or 2.4 m in other work or work on roof with a pitch of more than 26º) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 19 Amendment of s 185 (Edge protection) . . . . . . . 21 20 Insertion of new s 187A . . . . . . . . . . . . . . . . . . . 22 187A Fall arresting platform . . . . . . . . . . . . . . 22

3 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 21 Amendment of s 188 (Fall-arrest harness system) . . . . . . . . . . . . . . . . . . . 23 22 Amendment of s 189 (Industrial safety net) . . . . 23 23 Amendment of s 192 (Ladders generally) . . . . . 23 24 Amendment of s 193 (Work on platform supported by trestle ladders) . . . . . . . . . . . 23 25 Amendment of s 199 (Definitions for pt 19) . . . . 24 26 Insertion of new s 199A . . . . . . . . . . . . . . . . . . . 25 199A Meaning of mesh . . . . . . . . . . . . . . . . . 25 27 Amendment of s 204 (Additional control measures if measured angle is 75º or more, other than for demolition work or work erecting or dismantling formwork) . . . . . . . . . . . . . . 26 28 Amendment of s 205 (Additional control measures for demolition work or work erecting or dismantling formwork) . . . . . . . . . . . . . . 26 29 Insertion of new s 205A . . . . . . . . . . . . . . . . . . . 27 205A Perimeter containment screening . . . . . 27 30 Amendment of s 208 (Load lifted over adjoining area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 31 Amendment of s 211 (Risk assessment and control measures) . . . . . . . . . . . . . . . . . . . 28 32 Amendment of s 215 (Written evidence from engineer or competent person may be relied on) . . . . . . . . . . . . . . . . . . . . . . . 28 33 Insertion of new ss 233 and 234 . . . . . . . . . . . . 28 233 Transitional provision for Workplace Health and Safety Amendment Regulation (No. 1) 2004—applications for certificate of registration of registrable plant design. . . . . . . . . . . . . . . . . . . . . . 28 234 Transitional provision for Workplace Health and Safety Amendment Regulation (No. 1) 2004—certificates of registration of registrable plant design . 29 34 Amendment of sch 1 (Fees). . . . . . . . . . . . . . . . 30 35 Amendment of sch 3 (Registrable plant) . . . . . . 30 36 Replacement of sch 4 (Registrable plant design) 31

4 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 Schedule 4 Registrable plant design for employer, self-employed person or supplier 37 Amendment of sch 5 (Prescribed occupations) . 32 38 Amendment of sch 9 (Dictionary) . . . . . . . . . . . 32

s1 5 s3 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 Part 1 Preliminary 1 Short title This regulation may be cited as the Workplace Health and Safety Amendment Regulation (No. 1) 2004 . Part 2 Amendment of State Penalties Enforcement Regulation 2000 2 Regulation amended in pt 2 This part amends the State Penalties Enforcement Regulation2000. 3 Amendment of sch 5 (Other legislation) (1) Schedule 5, entry for the WorkplaceHealthandSafetyAct1995 , entry for section 24(1) relating to the Workplace Healthand Safety Regulation 1997 , section 193(4)— omit. (2) Schedule 5, entry for the WorkplaceHealthandSafetyAct1995, entry for section 24(1) relating to the Workplace Health and Safety (Diving) Ministerial Notice 2003— omit. (3) Schedule 5, entry for the WorkplaceHealthandSafetyRegulation 1997 , entry for section 15(1)— omit. (4) Schedule 5, entry for the WorkplaceHealthandSafetyRegulation 1997— insert— ‘s 16(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 16(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 4 4

s4 6 s5 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 s 16(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 16(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 16B(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 16B(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 16C(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 16C(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 16C(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 35A(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 35A(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 35C(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1 2 2 2 2 2 2 2 2 4 2 4 4 4 4 4 4 4 4’. Part 3 Amendment of Workplace Health and Safety Regulation 1997 4 Regulation amended in pt 3 This part amends the WorkplaceHealthandSafetyRegulation 1997. 5 Replacement of pt 2, div 3 (Registration of registrable plant design) Part 2, division 3— omit, insert— ‘Division 3 Registration of registrable plant design ‘15 Application of div 3 ‘This division does not apply to manually powered plant.

s5 7 s5 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 ‘16 Plant not to be installed or used unless certificate of registration is in force ‘(1) An employer or self-employed person must not install or use plant mentioned in schedule 4 1 unless a certificate of registration of registrable plant design granted under part 5, division 1 2 for the design of the plant is in force. 3 Maximum penalty—20 penalty units. ‘(2) An employer must not allow a worker of the employer to install or use plant mentioned in schedule 4 unless a certificate of registration of registrable plant design granted under part 5, division 1 for the design of the plant is in force. Maximum penalty—20 penalty units. ‘(3) The owner of any of the following specified high risk plant must not install or use, or allow anyone else to install or use, the plant unless a certificate of registration of registrable plant design granted under part 5, division 1 for the design of the plant is in force— (a) an escalator; 4 (b) a gas cylinder; (c) a lift; (d) a specified amusement device. Maximum penalty—20 penalty units. ‘(4) A person does not commit an offence against subsection (1) or (2) in relation to plant mentioned in schedule 4 or against subsection (3) in relation to specified high risk plant mentioned in that subsection if— 1 Schedule 4 (Registrable plant design for employer, self-employed person or supplier) 2 Part 5 (Certificates), division 1 (Application for certificate) 3 For when the certificate is in force, see section 16A. See sections 233 and 234 for transitional provisions about certificates, or applications for certificates, of registration of registrable plant design. 4 Escalator , gas cylinder and lift are defined in schedule 2 of the Act.

s5 8 s5 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 (a) the person holds a certificate of registration, approval or notification of the design of the relevant plant in force under a corresponding law; and (b) the design has not been changed in a way that requires new measures to control risk. 5 ‘(5) The chief executive may give a person who relies under subsection (4) on a certificate in force under a corresponding law written notice— (a) requiring the person to give the chief executive a copy of the certificate within 10 days after the day of the notice; and (b) stating that is an offence for the person to fail, without reasonable excuse, to comply with the requirement. ‘(6) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty for subsection (6)—10 penalty units. ‘16A When certificate of registration is in force ‘(1) A certificate of registration of registrable plant design continues in force until it stops having effect under this section. ‘(2) A certificate of registration of registrable plant design for a design of plant stops having effect if the design is changed in a way that requires new measures to control risk. 6 Example of a change in design causing certificate to stop having effect — A certificate of registrable plant design is in force for the design of a mobile crane. The crane’s reach is increased by fitting a longer boom, which increases the risk of the crane overturning. The certificate stops being in force because of the change. 5 See the examples in section 16A. 6 A fresh certificate will be needed if the plant is to be installed or used after the change.

s5 9 s5 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 Example of a change in design not causing certificate to stop having effect — A certificate of registrable plant design is in force for the design of a fire tube boiler. The boiler’s output is raised by increasing its firing rate, but the operating pressure and temperature of the boiler are unchanged. The certificate does not stop being in force because of the change. ‘(3) In this section— certificate of registration of registrable plant design includes a certificate, approval or notification in force under a corresponding law. ‘16B Certificate number to be given ‘(1) The holder of a certificate of registration of registrable plant design for the design of plant must give the certificate number to— (a) each manufacturer of plant, manufactured according to the design, known to the holder; and (b) each supplier of plant, manufactured according to the design, known to the holder. Maximum penalty—20 penalty units. ‘(2) The manufacturer or supplier must give the number to each person to whom the manufacturer or supplier supplies plant manufactured according to the design. Maximum penalty—20 penalty units. ‘16C Certificate number to be marked on plant ‘(1) A supplier of plant mentioned in schedule 4 must ensure that the number of the certificate of registration of registrable plant design for the design of the plant is permanently marked on the plant so as to be clearly visible. Maximum penalty—20 penalty units. ‘(2) An employer or self-employed person who installs or uses, or an employer who allows a worker to install or use, plant mentioned in schedule 4 must ensure that the number of the certificate of registration of registrable plant design for the

s 6 10 s 6 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 design of the plant is permanently marked on the plant so as to be clearly visible. Maximum penalty—20 penalty units. ‘(3) Subsection (2) does not apply to the following specified high risk plant— (a) an escalator; (b) a gas cylinder; (c) a lift; (d) a specified amusement device. ‘(4) The owner of specified high risk plant mentioned in subsection (3) must ensure that the number of the certificate of registration of registrable plant design for the design of the plant is permanently marked on the plant so as to be clearly visible. Maximum penalty—20 penalty units. ‘(5) In this section— certificate of registration of registrable plant design includes a certificate, approval or notification in force under a corresponding law.’. 6 Amendment of s 35 (How to apply) Section 35— insert— ‘(2) If the application is for a certificate of registration of registrable plant design for a design of plant, the application must be accompanied by— (a) a statement in the approved form by a design verifier for the design stating the following (a design verification statement )— (i) either— (A) if the technical standard, or engineering principles, if any, complied with to produce the design or the part of the design for which

s 6 11 s 6 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 the statement is made have a title—the title; or (B) otherwise—a way of identifying the technical standard or engineering principles; and (ii) that the design, or the part of the design, complies with the technical standard or engineering principles; and (b) representational drawings— (i) on paper not larger than A3; or (ii) in electronic form that when printed will be not larger than A3; and (c) the fee under schedule 1, section 4. ‘(3) In this section— design verifier , for a design of plant, means a person who has acquired by qualifications or design experience the knowledge and skills to accurately state that the design, or the part of the design for which a design verification statement is to be made, complies with a particular technical standard or engineering principles. engineering principles means principles, stated or outlined in an engineering, mathematical or scientific text, relevant to safe plant design, commonly used in professional engineering practice. technical standard , for a design of plant, means a standard published by— (a) the chief executive; or (b) Standards Australia; or (c) another organisation that publishes standards about the design of plant. Examples of paragraph (c) — • American National Standards Institute • American Society of Mechanical Engineers • Canadian Standards Association

s 7 12 s 7 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 • International Standards Organisation • Europaische Norm (European Standard).’. 7 Insertion of new ss 35A–35C After section 35— insert— ‘35A Prohibitions relating to design verification statements ‘(1) An applicant for a certificate of registration of registrable plant design for a design of plant must not allow another person to make a design verification statement for any part of the design that the other person was involved in designing. Maximum penalty—20 penalty units. ‘(2) A person must not make a design verification statement for any part of a design of plant that the person was involved in designing. Maximum penalty—20 penalty units. ‘35B Chief executive may ask for additional information for registration ‘(1) This section applies to an applicant for a certificate of registration of registrable plant design for a design of plant. ‘(2) The chief executive may, in writing, require the applicant to give the chief executive any of the following additional information, in English, about the design within 10 days after requiring the information or the further time the chief executive may allow— (a) detailed drawings; (b) design calculations; (c) operating instructions; (d) control system diagrams; (e) the sequence of operation of the controls; (f) maintenance requirements;

s 8 13 s 9 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 (g) a statement of the limits on the use of the plant; (h) if the design was produced using a technical standard other than a Standards Australia standard—a copy of the standard; (i) if the design was produced using engineering principles—a copy of the engineering principles. ‘(3) If the applicant does not comply with the requirement, the chief executive may refuse the application. ‘35C Chief executive may require information from certificate holder ‘(1) This section applies to the holder of a certificate of registration of registrable plant design for a design of plant. ‘(2) The chief executive may, in writing, require the holder to give the chief executive any of the information mentioned in section 35B(2), in English, about the design within 28 days after requiring the information. ‘(3) The holder must comply with the requirement unless the holder has a reasonable excuse. Maximum penalty—20 penalty units.’. 8 Amendment of s 69E (Asbestos materials report) Section 69E(2)(b), ‘or’, second mention— omit. 9 Amendment of s 76 (Meaning of “construction diving work”) (1) Section 76(1), after ‘salvage’— insert— ‘, sample’. (2) Section 76(4)(b), ‘for photographing’— omit, insert—

s 10 14 s 10 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 ‘for inspecting, sampling, photographing’. (3) Section 76(4)(b)(i), ‘relic’— omit, insert— ‘object’. 10 Amendment of s 86B (Count of all persons on board to be made and recorded) (1) Section 86B(2)(b) and (c)— omit, insert— ‘(b) makes a written 7 record of the count; and (c) verifies the count— (i) by signing the record; or (ii) if the record is made electronically—by entering in the record the name of, and a unique identifier for, the crew member. Example of a record made electronically — A record made on a computer.’. (2) Section 86B(3)(e)— omit, insert— ‘(e) verifies the information recorded under paragraphs (c) and (d)— (i) by signing the record; or (ii) if the record is made electronically—by entering in the record the name of, and a unique identifier for, the crew member.’. (3) Section 86B(4)(d)— omit, insert— ‘(d) makes a written record of the comparison; and 7 Under the Acts Interpretation Act 1954 , “writing” includes any mode of representing or reproducing words in a visible form.

s 11 15 s 11 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 (e) verifies the information recorded under paragraph (b), and the comparison— (i) by signing the record; or (ii) if the record is made electronically—by entering in the record the name of, and a unique identifier for, the crew member.’. 11 Amendment of s 86F (Dive safety log) (1) Section 86F(2), before ‘dive’— insert— ‘written 8 ’. (2) Section 86F(7) to (9)— omit, insert— ‘(7) On completion of a recreational dive or a recreational technical dive, a diver must verify the diver’s return from the dive— (a) by signing the dive safety log entry for the diver; 9 or (b) if the log is kept electronically—by entering in the log entry the name of, and a unique identifier for, the diver. Example of a log kept electronically — A record kept by computer. ‘(8) The dive supervisor, or a person authorised by the employer or self-employed person, must verify, in either of the following ways, that the dive safety log entry for the diver has been completed, and the diver’s return from the dive has been verified by the diver, as required under subsections (2) to (7)— (a) by signing the log entry; 8 Under the Acts Interpretation Act 1954 , “writing” includes any mode of representing or reproducing words in a visible form. 9 The entry may be only partially completed when the diver signs it or enters his or her name and identifier. See subsection (10).

s 12 16 s 12 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 (b) if the log is kept electronically—by entering in the log entry the name of, and a unique identifier for, the dive supervisor or authorised person. ‘(9) The master of a boat used in connection with the diving, or a person authorised by the employer or self-employed person, must verify, in either of the following ways, that the dive safety log has been completed, and verified, as required under subsections (2) to (8)— (a) by signing the log entry; (b) if the log is kept electronically—by entering in the log entry the name of, and a unique identifier for, the master or authorised person.’. 12 Amendment of s 86H (Count of all persons on board to be made and recorded) (1) Section 86H(2)(b) and (c)— omit, insert— ‘(b) makes a written 10 record of the count; and (c) verifies the count— (i) by signing the record; or (ii) if the record is made electronically—by entering in the record the name of, and a unique identifier for, the crew member. Example of a record made electronically — A record made on a computer.’. (2) Section 86H(3)(e)— omit, insert— ‘(e) verifies the information recorded under paragraphs (c) and (d)— (i) by signing the record; or 10 Under the Acts Interpretation Act 1954 , “writing” includes any mode of representing or reproducing words in a visible form.

s 13 17 s 14 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 (ii) if the record is made electronically—by entering in the record the name of, and a unique identifier for, the crew member.’. (3) Section 86H(4)(d)— omit, insert— ‘(d) makes a written record of the comparison; and (e) verifies the information recorded under paragraph (b), and the comparison— (i) by signing the record; or (ii) if the record is made electronically—by entering in the record the name of, and a unique identifier for, the crew member.’. 13 Amendment of s 146 (Definitions for pt 16) (1) Section 146— insert— ‘ historical activity , in relation to the use of a tractor, includes an activity ancillary to a historical activity. Example of a historical activity — A historical display, parade, demonstration or re-enactment. Example of an activity ancillary to a historical activity — Restoring, maintaining, modifying, servicing, repairing or housing a tractor used, or to be used, for a historical activity.’. (2) Section 146, definition exempt tractor — insert— ‘(g) is being used for a historical activity.’. 14 Amendment of s 154 (Obligation of prospective supplier of wheeled tractor not fitted with a roll-over protective structure) (1) Section 154(3)— omit.

s 15 18 s 16 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 (2) Section 154(4) to (6)— renumber as section 154(3) to (5). (3) Section 154(3), as renumbered, after ‘tells’— insert— ‘, in general terms,’. (4) Section 154(3), as renumbered— insert— ‘(d) for a historical activity.’. (5) Section 154(4), as renumbered, ‘subsection (4)’— omit, insert— ‘subsection (3)’. (6) Section 154— insert— ‘(6) A person must not tell a prospective supplier, as mentioned in subsection (2), that the person intends to use a tractor only in 1 or more of the stated ways if the person does not have that intention at the time of the statement. Maximum penalty—20 penalty units.’. 15 Amendment of s 167 (Definitions for pt 17) Section 167, definition geo-technical engineer , paragraph (a), ‘ Professional Engineers Act 1988 ’— omit, insert— ‘ Professional Engineers Act 2002 ’. 16 Amendment of s 181 (Definitions for pt 18) (1) Section 181, definitions platform and surface — omit. (2) Section 181— insert—

s 17 19 s 17 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 ‘ fall arresting platform means a platform installed to arrest the fall of a person who falls from a building or other structure.’. (3) Section 181, definition edge protection , paragraph (c)— omit, insert— ‘(c) a fall arresting platform; or (d) the surface from which work is to be done.’. (4) Section 181, definition toe board , ‘platform or other’— omit. 17 Amendment of s 183 (Risk of fall of less than 3 m in housing construction work or 2.4 m in other work or work on roof with a pitch of not more than 26 º ) (1) Section 183, heading and subsection (1)— omit, insert— ‘183 ‘Risk of fall of less than 3 m in housing construction work or 2.4 m in other construction work or construction work on roof with a slope not over 26 º ‘(1) This section applies to— (a) housing construction work during which a person could fall less than 3 m; or (b) other construction work during which a person could fall less than 2.4 m; or (c) construction work on a roof, or partly completed roof, surface with a slope not over 26º.’. (2) Section 183(2)(a), after ‘ladder’— insert— ‘or fixed ladder’. (3) Section 183— insert— ‘(5) Also, a fall arresting platform implemented under subsection (3)(c) need not comply with section 187A if the

s 18 20 s 18 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 fall would be internal within formwork the person is erecting or dismantling.’. 18 Amendment of s 184 (Risk of fall of at least 3 m in housing construction work or 2.4 m in other work or work on roof with a pitch of more than 26 º ) (1) Section 184, heading and subsection (1)— omit, insert— ‘184 ‘Risk of fall of at least 3 m in housing construction work or 2.4 m in other construction work or construction work on roof with a slope over 26 º ‘(1) This section applies to— (a) housing construction work during which a person could fall at least 3 m; or (b) other construction work during which a person could fall at least 2.4 m; or (c) construction work on a roof, or partly completed roof, surface with a slope over 26º.’. (2) Section 184(2)(a), after ‘ladder’— insert— ‘or fixed ladder’. (3) Section 184(3)(a), after ‘falling’— insert— ‘any distance’. (4) Section 184(3)(b), example, as the first dot point— insert— ‘ • a fall arresting platform ’. (5) Section 184— insert— ‘(5) Also, a fall arresting platform implemented under subsection (3)(b) need not comply with section 187A if the

s 19 21 s 19 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 fall would be internal within formwork the person is erecting or dismantling.’. 19 Amendment of s 185 (Edge protection) (1) Section 185(2), ‘platform or other’— omit. (2) Section 185(3)(a)— omit, insert— ‘(a) have a rail, or another component that prevents the person from falling, fitted so that the top of the rail or component is at least— (i) if the surface that is at the base of the edge protection is at least 1200 mm wide—900 mm higher than that surface; or (ii) otherwise— (A) if the surface from which work is to be done is sloped—900 mm higher than where that surface, if extended downwards at that slope, would intersect with the edge protection; or (B) if the surface from which work is to be done is not sloped—900 mm higher than that surface; and’. (3) Section 185(4)— omit, insert— ‘(4) However, if the edge protection has rails, the edge protection must have— (a) either— (i) a bottom rail fitted at least 150 mm but not over 250 mm higher than the surface that is at the base of the edge protection; or (ii) a toe board, for the surface that is at the base of the edge protection, at least 150 mm high and fitted below all rails of the edge protection; and

s 20 22 s 20 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 (b) another rail or rails fitted so that there is not over 450 mm between any rail and its nearest rail or between the lowest rail and any toe board for the surface that is at the base of the edge protection; and (c) if the slope of the surface from which work is to be done is over 26º—sturdy mesh, sheeting or other material that extends upwards at least 900 mm from— (i) the surface that is the at the base of the edge protection; or (ii) the toe board.’. 20 Insertion of new s 187A After section 187— insert— ‘187A Fall arresting platform ‘(1) This section applies to a fall arresting platform implemented by an employer or self-employed person as a control measure under this part for construction work. ‘(2) If the slope of the surface from which the work is to be done is— (a) not over 26º—the fall arresting platform must be not over 1 m lower than the surface; or (b) over 26º—the fall arresting platform must be not over 300 mm lower than the surface. ‘(3) The platform of a fall arresting platform must provide an unobstructed landing area, for a falling person, at least 675 mm wide for the length of the platform. ‘(4) The fall arresting platform must be able to withstand the impact of a fall onto it of any person who may reasonably be expected to fall onto it. ‘(5) The fall arresting platform must have edge protection complying with section 185 11 erected— 11 Section 185 (Edge protection)

s 21 23 s 24 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 (a) along the outer edge of the length of the fall arresting platform; and (b) along the edge of each end of the fall arresting platform. ‘(6) Subsection (7) applies if the gap between the following is over 225 mm— (a) the inner edge of the length of the platform; (b) the face of a building or other structure that is immediately beside the fall arresting platform. ‘(7) The employer or self-employed person must, in complying with section 183 or 184, ensure that any control measures required to be implemented for the risk of a person falling off that inner edge are implemented.’. 21 Amendment of s 188 (Fall-arrest harness system) Section 188(10)(d)(i), ‘or’— omit. 22 Amendment of s 189 (Industrial safety net) Section 189(2)(b), ‘platform or other’— omit. 23 Amendment of s 192 (Ladders generally) (1) Section 192(7), ‘, unless it is a trestle ladder’— omit. (2) Section 192(8)(b) and (10), ‘platform or other’— omit. 24 Amendment of s 193 (Work on platform supported by trestle ladders) Section 193(3) and (4)— omit, insert—

s 25 24 s 25 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 ‘(3) However, the employer or self-employed person must ensure subsections (4) to (6) are complied with before the work starts if the work is— (a) housing construction work and the person could fall at least 3 m from the platform; or (b) not housing construction work and the person could fall at least 2.4 m from the platform. ‘(4) Each trestle ladder must be secured to prevent it moving. Examples of how a trestle ladder must be secured— • tying the ladder to a sturdy wall • bracing the ladder to the ground • applying weights to the bottom of the ladder. ‘(5) Edge protection complying with section 185 12 must be erected along the outer edge of the length of the platform. ‘(6) Any control measures required to prevent, or minimise the level of, exposure to the following risks must be implemented— (a) the risk of the person falling off the inner edge of the length of the platform, if the gap between that inner edge and the face of a building, or other structure, that is immediately beside the platform is over 225 mm; (b) the risk of the person falling off the edge of each end of the platform.’. 25 Amendment of s 199 (Definitions for pt 19) (1) Section 199, definitions perimeter containment screening and vertical containment sheeting — omit. (2) Section 199— insert— ‘ mesh see section 199A. 12 Section 185 (Edge protection)

s 26 25 s 26 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 perimeter containment screening means a screen— (a) designed to stop objects falling on members of the public from a level of a building; or (b) to redirect a falling object onto a catch platform.’. 26 Insertion of new s 199A After section 199— insert— ‘199A Meaning of mesh ‘(1) In this part, mesh means mesh complying with this section. ‘(2) The mesh must be made of at least 2.5 mm diameter steel with a tensile strength of at least 380 MPa. ‘(3) If the pattern of the openings within the mesh are a square or other rectangle, the openings within the mesh must not be over— (a) for mesh with prescribed lining securely attached to the inside of the mesh—50 mm by 50 mm; or (b) otherwise— (i) if the openings are square, 25 mm by 25 mm; or (ii) if the openings are not square, 25 mm by 50 mm. ‘(4) If the pattern of the openings within the mesh are not a square or other rectangle, the openings within the mesh must not be over— (a) if the mesh has prescribed lining securely attached to the inside of the mesh—50 mm in any direction; or (b) otherwise—25 mm in any direction. ‘(5) In this section— prescribed lining means intact shade cloth, or another intact lining, that when tested, wet or dry, in accordance with

s 27 26 s 28 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 method A in AS 2001.2.4 13 has a mean bursting pressure of at least 1000 kPa.’. 27 Amendment of s 204 (Additional control measures if measured angle is 75 º or more, other than for demolition work or work erecting or dismantling formwork) Section 204(2)(c), ‘vertical containment sheeting or perimeter containment screening’— omit, insert— ‘perimeter containment screening complying with section 205A’. 28 Amendment of s 205 (Additional control measures for demolition work or work erecting or dismantling formwork) (1) Section 205(2), after ‘ensure that’— insert— ‘before the work starts’. (2) Section 205(2)(b)— omit, insert— ‘(b) perimeter containment screening complying with section 205A is erected along each part of a building from which an object could fall on members of the public in the adjoining area during the work.’. (3) Section 205(3), after ‘implemented’— insert— ‘before the work starts’. (4) Section 205(4)— omit. 13 AS 2001.2.4 (Methods of test for textiles—Physical tests—Determination of bursting pressure of textile fabrics—Hydraulic diaphragm method)

s 29 27 s 30 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 29 Insertion of new s 205A After section 205— insert— ‘205A Perimeter containment screening ‘(1) Each screen of perimeter containment screening, and its supporting framework, must comply with this section. ‘(2) If the perimeter containment screening is used to redirect a falling object onto a catch platform, each screen must be fitted vertically to the top of, or flush with, the outer edge of the catch platform to redirect a falling object, that may reasonably be expected to hit the perimeter containment screening, onto the catch platform. ‘(3) If the perimeter containment screening is not used to redirect a falling object onto a catch platform, each screen must be designed to prevent an object, that may reasonably be expected to hit the perimeter containment screening, from falling on members of the public from the level at which the work is to be done. ‘(4) Each screen must be made of mesh or of timber, plywood or metal sheeting. ‘(5) Each of the following gaps must be not over 25 mm— (a) the gap, measured horizontally, between— (i) screens immediately beside each other; or (ii) a screen and the framework supporting it; (b) the gap, measured vertically, between— (i) a screen and another screen immediately above it; or (ii) a screen and the framework supporting it. ‘(6) The framework supporting a screen must be able to bear the load of the screen.’. 30 Amendment of s 208 (Load lifted over adjoining area) Section 208(2), after ‘must’—

s 31 28 s 33 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 insert— ‘before the work starts’. 31 Amendment of s 211 (Risk assessment and control measures) Section 211(3)(d)— omit, insert— ‘(d) a control measure that is perimeter containment screening must— (i) comply with section 205A; and (ii) if it is designed to stop objects falling on members of the public from a level of a building—be erected along each part of a building from which an object could fall on members of the public in the adjoining area during the work.’. 32 Amendment of s 215 (Written evidence from engineer or competent person may be relied on) Section 215(3), after ‘force’— insert— ‘or impact’. 33 Insertion of new ss 233 and 234 After section 232— insert— ‘233 Transitional provision for Workplace Health and Safety Amendment Regulation (No. 1) 2004—applications for certificate of registration of registrable plant design ‘(1) This section applies to an application for a certificate of registration of registrable plant design, made under

s 33 29 s 33 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 pre-amended section 35, 14 but not decided, before the commencement of this section. ‘(2) The application must be decided as if the Workplace Health and Safety Amendment Regulation (No. 1) 2004 had not commenced. ‘(3) In this section— pre-amended section 35 means section 35 as in force immediately before the commencement of this section. ‘234 Transitional provision for Workplace Health and Safety Amendment Regulation (No. 1) 2004—certificates of registration of registrable plant design ‘(1) Subsection (2) applies if, immediately before the commencement of this section— (a) a certificate of registration of registrable plant design for the design of plant was in force; and (b) repealed section 15(1)(a) and (b) 15 had been complied with for the design. ‘(2) The certificate is taken to be a certificate of registration of registrable plant design for the design in force under part 5, division 1 16 until the certificate stops having effect under section 16A. 17 ‘(3) Subsection (4) applies if— (a) a certificate of registration of registrable plant design for the design of plant is granted under section 233; and (b) when the certificate is granted, repealed section 15(1)(a) and (b) is complied with for the design. ‘(4) The certificate is taken to be a certificate of registration of registrable plant design for the design in force under part 5, 14 Section 35 (How to apply) 15 Section 15 (Use etc. of registrable plant design that is not approved or registered) 16 Part 5 (Certificates), division 1 (Application for certificate) 17 Section 16A (When certificate of registration is in force)

s 34 30 s 35 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 division 1 until the certificate stops having effect under section 16A. ‘(5) In this section— repealed section 15(1)(a) and (b) means section 15(1)(a) and (b) as in force immediately before the commencement of this section.’. 34 Amendment of sch 1 (Fees) (1) Schedule 1, section 3(2)(j) ‘(other than a lift installed in a private residence within the meaning given by AS 1735)’— omit. (2) Schedule 1, section 3(2)(m)— insert— ‘(v) a class 5 amusement device . . . . 234.70’. (3) Schedule 1, section 4— omit, insert— ‘4 Application for a certificate of registrable plant design ‘The fee for an application for a certificate of registration of registrable plant design is $75.00.’. 35 Amendment of sch 3 (Registrable plant) (1) Schedule 3, item 2— omit, insert— ‘2 Specified amusement devices.’. (2) Schedule 3, item 9— omit, insert— ‘9 Lifts other than lifts installed in a private residence within the meaning given by AS 1735. 18 ’. (3) Schedule 3, item 13, from ‘other than—’— 18 AS 1735 (Lifts, escalators and moving walks)

s 36 31 s 36 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 omit, insert— ‘other than cylinders mentioned in AS 2030.’. 36 Replacement of sch 4 (Registrable plant design) Schedule 4— omit, insert— ‘Schedule 4 Registrable plant design for employer, self-employed person or supplier sections 16 and 16C and schedule 9, definition registrable plant design 1 Boom-type elevating work platform. 2 Bridge crane with a safe working load of at least 10 t. 3 Bridge crane or gantry crane designed to handle molten metal or dangerous goods. 4 Building maintenance unit. 5 Escalator. 19 6 Gantry crane with a safe working load of more than 5 t. 7 Gas cylinder. 20 8 Personnel hoist. 9 Lift. 21 10 Mast climbing work platform. 11 Mobile crane with a safe working load of more than 10 t. 12 Prefabricated scaffolding. 19 Escalator is defined in schedule 2 of the Act. 20 Gas cylinder is defined in schedule 2 of the Act. 21 Lift is defined in schedule 2 of the Act.

s 37 32 s 38 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 13 Pressure equipment with hazard level A, B, C or D, as worked out under the criteria stated in AS 4343 22 as in force on 1 July 2000, other than pressure piping. 14 Refillable gas cylinder. 15 Specified amusement device. 16 Tower crane. 17 Vehicle hoist. 18 Work box.’. 37 Amendment of sch 5 (Prescribed occupations) Schedule 5, immediately after the heading, ‘section 17’— omit, insert— ‘schedule 9, definition prescribed occupation ’. 38 Amendment of sch 9 (Dictionary) (1) Schedule 9, definitions building maintenance unit, crane , registrable plant design and vertical containment sheeting — omit. (2) Schedule 9— insert— ‘ boom-type elevating work platform means a telescoping, hinged or articulated device, or a combination of 2 or more devices of those types, used to support a lifting platform. bridge crane means a crane comprising a bridge beam, mounted at each end to an end carriage, capable of travelling along elevated runways and having 1 or more hoisting mechanisms arranged to traverse across the bridge beam. building maintenance unit means a power operated suspended platform, and associated equipment on a building, designed to provide permanent access to the faces of the building for maintenance. 22 AS 4343 (Pressure equipment—hazard levels)

s 38 33 s 38 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 corresponding law means a law of the Commonwealth or another State about workplace health and safety. crane means a machine for raising or lowering a load and moving it horizontally, including any supporting structure or foundation, but does not include— (a) an industrial lift truck, specified amusement device, tractor, industrial robot, conveyor, building maintenance unit, suspended scaffold or lift; 23 or (b) a backhoe, excavator, front-end loader, drag line, or other machine primarily designed for earthmoving purposes. dangerous goods has the meaning given by the ADG Code. design verification statement see section 35(2)(a). engineering principles see section 35(3). gantry crane means a crane, comprising a bridge beam that is supported at 1 or both ends by legs mounted to end carriages, capable of travelling along runways and having 1 or more hoisting mechanisms. historical activity , for part 16, see section 146. mast climbing work platform means a hoist with a working platform used for temporary purposes to lift personnel or materials using a drive system mounted on an extendable mast that may be tied to a building. mesh , for part 19, see section 199. personnel hoist means an appliance for lifting a person on a platform that can be raised more than 2.4 m, but does not include a lift or building maintenance unit. prefabricated scaffolding means an integrated system of scaffolding components manufactured in a way that the assembled shape of the scaffolding is predetermined. refillable gas cylinder means a rigid pressure vessel that— 23 Lift is defined in schedule 2 of the Act.

s 38 34 s 38 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 (a) has a water capacity of more than 0.1 L but not more than 3000 L; and (b) has no openings, or integral attachments, on the shell of the vessel other than at the ends of the vessel; and (c) is for the storage and transport of gas under pressure. registrable plant design means the design of— (a) plant mentioned in schedule 4; or (b) specified high risk plant that is an escalator, gas cylinder, lift or specified amusement device. 24 specified amusement device means a device classified as a class 2, 3, 4 or 5 amusement device in AS 3533, part 1 25 as in force on 5 December 1997. technical standard see section 35(3). tower crane means a crane with a boom that is mounted on a tower structure. vehicle hoist means a vehicle hoisting device designed to give convenient under chassis access for work or examination. work box means a device designed to be suspended from a crane to provide a working area for a person.’. (3) Schedule 9, definition biological monitoring , paragraph (b), ‘(i)’, second mention— omit, insert— ‘(ii)’. (4) Schedule 9, definition engineer , paragraph (a), ‘ Professional Engineers Act 1988’ — omit, insert— ‘ Professional Engineers Act 2002 ’. (5) Schedule 9, definitions general induction card , paragraph (b) and general induction evidence , paragraph (a), ‘ Training and Employment Act 2000 ’— 24 Escalator , gas cylinder and lift are defined in schedule 2 of the Act. 25 AS 3533 (Amusement Rides and Devices), part 1 (Design and construction)

s 38 35 s 38 Workplace Health and Safety Amendment Regulation No. 142, 2004 (No. 1) 2004 omit, insert — ‘ Vocational Education, Training and Employment Act 2000 ’. (6) Schedule 9, definition general induction training course , ‘ Training and Employment Act 2000 ’ and footnote— omit, insert — ‘ Vocational Education, Training and Employment Act 2000 ’. ENDNOTES 1 Made by the Governor in Council on 29 July 2004. 2 Notified in the gazette on 30 July 2004. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Industrial Relations. © State of Queensland 2004