Workplace Health and Safety Amendment Regulation (No. 2) 1994 (Qld)

Queensland Subordinate Legislation 1994 No. 266 Workplace Health and Safety Act 1989 WORKPLACE HEALTH AND SAFETY AMENDMENT REGULATION (No. 2) 1994 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Replacement of s 6A (Approval of forms) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Amendment of Pt 5 (Certificates, permits and authorities) . . . . . . . . . . . . . 4 7 Insertion of new ss 32A and 32B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 32A Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 32B Work incidental to prescribed occupation . . . . . . . . . . . . . . . . . . . . . 9 8 Replacement of ss 33–57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 33 Prescribed occupations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 34 Establishing competence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 35 Application for certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 36 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 37 Suspension or cancellation—show cause process . . . . . . . . . . . . . . . 14 38 Suspension or cancellation—procedure after show cause process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 39 Automatic cancellation of certificate . . . . . . . . . . . . . . . . . . . . . . . . 16 40 Return of suspended or cancelled certificate . . . . . . . . . . . . . . . . . . 16

2 Workplace Health and Safety Amendment (No. 2) No. 266, 1994 41 Replacement certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 42 Recognition of existing certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 9 Amendment of s 123 (Preparation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 10 Amendment of s 165 (Riding load) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 11 Amendment of s 218 (Removal of asbestos) . . . . . . . . . . . . . . . . . . . . . . . . . 18 12 Amendment of s 275 (Suppliers’ duties) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 13 Amendment of s 276 (Employers’ duties) . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 14 Amendment of s 279 (Manifests) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 15 Amendment of Sch 2 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

s1 3 s4 Workplace Health and Safety Amendment (No. 2) No. 266, 1994 ˙ Short title 1. This regulation may be cited as the Workplace Health and Safety Amendment Regulation (No. 2) 1994 . ˙ Commencement 2. Sections 4, 6 and 8 to 10 commence on 1 September 1994. ˙ Regulation amended 3. This regulation amends the Workplace Health and Safety Regulation1989 . ˙ Amendment of s 5 (Interpretation) 4.(1) Section 5, heading— omit, insert— ‘ Definitions ’. (2) Section 5, definitions “crane chaser” , “crane operator” , “dogman” , “machinery operator” , “plant operator” , “rigger” , and “scaffolder” — omit, insert— ‘ “dogger” means a person who— (a) uses techniques, including the selection or inspection of lifting gear, to safely sling a load; or (b) directs a crane or hoist operator in the movement of a load when the load is out of the operator’s view; “NOHSC” means the National Occupational Health and Safety Commission under the National Occupational Health and Safety Commission Act 1985 (Cwlth).’. (3) Section 5, defintion “prescribed form” , ‘6A’—

s5 4 s7 Workplace Health and Safety Amendment (No. 2) No. 266, 1994 omit, insert— ‘6’. ˙ Replacement of s 6A (Approval of forms) 5. Section 6A— omit, insert— ˙ ‘ Approved forms ‘ 6.(1) The Director may approve a form for the purposes of the Act or this regulation. ‘ (2) If the Director approves a form for a purpose, the form must be used for the purpose. ‘ (3) A person may request the Director to give the person an approved form. ‘ (4) The Director must promptly comply with the request’. ˙ Amendment of Pt 5 (Certificates, permits and authorities) 6. Part 5, heading— omit, insert— ‘ PART 5—PRESCRIBED OCCUPATIONS ’. ˙ Insertion of new ss 32A and 32B 7.(1) After section 32, in Part 5— insert— ˙ ‘ Definitions ‘ 32A. In this Part— “advanced boiler operator” means a person who— (a) performs the work of an intermediate boiler operator; and (b) operates a boiler with multiple fuel types that may be fired

s7 5 s7 Workplace Health and Safety Amendment (No. 2) No. 266, 1994 simultaneously during normal operation (other than boilers changing fuel types during the start sequence); “advanced rigger” means a person who performs— (a) the work of an intermediate rigger; and (b) rigging work associated with— (i) gin poles and shearlegs; or (ii) flying foxes and cable ways; or (iii) guyed derricks and structures; or (iv) suspended scaffolds and fabricated hung scaffolds; “advanced scaffolder” means a person who performs— (a) the work of an intermediate scaffolder; and (b) scaffolding work associated with— (i) hung scaffolds, including scaffolds hanging from tubes, wire ropes and chains; or (ii) suspended scaffolds; “basic boiler operator” means a person who operates a boiler with— (a) a single fixed combustion air supply; and (b) a nonmodulating single heat source; and (c) a fixed firing rate; “basic rigger” means a person who performs— (a) the work of a dogger; and (b) rigging work associated with— (i) the movement of plant and equipment; or (ii) the placement of precast concrete; or (iii) hoists other than hoists with jibs and self-climbing hoists; or (iv) steel erection; or (v) safety nets and static lines; or

s7 6 s7 Workplace Health and Safety Amendment (No. 2) No. 266, 1994 (vi) mast climbers; or (vii) perimeter safety screens and shutters; or (viii)cantilevered crane loading platforms; “basic scaffolder” means a person who performs scaffolding work associated with— (a) prefabricated scaffolds; or (b) cantilevered materials hoists with a maximum working load of 500 kg; or (c) ropes; or (d) gin wheels; or (e) safety nets and static lines; or (f) bracket scaffolds; “certificate” means a certificate to work in a prescribed occupation granted by the Director or another official; “certificate assessor” means— (a) an accredited officer or inspector appointed by the Director; or (b) a person appointed by another official; to assess a person’s competency to hold a certificate to work in a prescribed occupation; “competency standard” , for a prescribed occupation, means the standard of competency specified— (a) for demolition, load shifting equipment operation or welding—by the Director having regard to— (i) the level of skill needed to safely perform work in the occupation; and (ii) to the relevant Australian Standard published by Standards Australia, or code of practice or national guidelines issued by NOHSC; or (b) for any other prescribed occupation—Schedule A, B or C of the national standard;

s7 7 s7 Workplace Health and Safety Amendment (No. 2) No. 266, 1994 “intermediate boiler operator” means a person who performs— (a) the work of a basic boiler operator; and (b) operates a boiler with— (i) a modulating combustion air supply; or (ii) a modulating heat source; or (iii) a superheater; or (iv) an economiser; “intermediate rigger” means a person who performs— (a) the work of a basic rigger; and (b) rigging work associated with— (i) hoists; or (ii) cranes, conveyors, dredges and excavators; or (iii) tilt slabs; or (iv) demolition; or (v) dual lifts; “intermediate scaffolder” means a person who performs— (a) the work of a basic scaffolder; and (b) scaffolding work associated with— (i) cantilevered crane loading platforms; or (ii) cantilevered and spurred scaffolds; or (iii) barrow ramps and sloping platforms; or (iv) perimeter safety screens and shutters; or (v) mast climbers; or (vi) tube and coupler scaffolds, including tube and coupler covered ways and gantries; “national standard” means the National Occupational Health and Safety Certification Standard for Users and Operators of Industrial Equipment—

s7 8 s7 Workplace Health and Safety Amendment (No. 2) No. 266, 1994 (a) declared by NOHSC under Part VI of the NationalOccupational Health and Safety Commission Act 1985 (Cwlth); and (b) published by the Australian Government Publishing Service; “prescribed occupation” means an occupation mentioned in section 33; “rigging work” means using mechanical load shifting equipment and associated gear— (a) to move, place or secure a load; or (b) to set up or dismantle a crane or hoist; “scaffolding” means a temporary structure supporting a platform— (a) used in the performance of work; and (b) from which a person or thing may fall more than 4 m; “scaffolding work” means the erection, alteration or dismantling of scaffolding; “welder certificate no. 1” has the meaning given in AS 1796; “welder certificate no. 1E” has the meaning given in AS 1796; “welder certificate no. 2” has the meaning given in AS 1796; “welder certificate no. 3” has the meaning given in AS 1796; “welder certificate no. 3E” has the meaning given in AS 1796; “welder certificate no. 4” has the meaning given in AS 1796; “welder certificate no. 5” has the meaning given in AS 1796; “welder certificate no. 6” has the meaning given in AS 1796; “welder certificate no. 7” has the meaning given in AS 1796; “welder certificate no. 8F” has the meaning given in AS 1796; “welder certificate no. 8G” has the meaning given in AS 1796; “welder certificate no. 9” has the meaning given in AS 1796; “welder certificate no. 10” has the meaning given in AS 1796.’.

s8 9 s8 Workplace Health and Safety Amendment (No. 2) No. 266, 1994 ˙ ‘ Work incidental to prescribed occupation ‘ 32B.(1) This section applies to— (a) a person— (i) whose work is primarily— (A) the maintenance, servicing or repair of plant; or (B) the demonstration of plant for sale; and (ii) who performs work not involving use of the plant for the purpose for which it was designed; and (b) a person— (i) whose work is primarily the maintenance, servicing or repair of plant; and (ii) who performs rigging work not involving lifting a load of more than 1 t. Example of subsection (1)(a) — A person who repairs the boom of a crane if the person does not lift a load with the crane. Example of subsection (1)(b) — A person who when repairing plant, for example a pump, needs to lift the plant provided the plant weighs no more than 1 t. ‘ (2) A person mentioned in subsection (1) is not performing work in a prescribed occupation.’. ˙ Replacement of ss 33–57 8. Sections 33 to 57— omit, insert— ˙ ‘ Prescribed occupations ‘ 33. The prescribed occupations under section 109 of the Act are— (a) for crane or hoist operation— (i) operator of a tower crane; and

s 8 10 s 8 Workplace Health and Safety Amendment (No. 2) No. 266, 1994 (ii) operator of a derrick crane; and (iii) operator of a portal boom crane; and (iv) operator of a bridge or gantry crane (other than operation by a remote control having not more than 3 powered operations); and (v) operator of a vehicle loading crane with a capacity of 10 metre tonnes or more; and (vi) operator of a nonslewing mobile crane with a capacity of more than 3 t; and (vii) operator of a slewing mobile crane with a capacity of— (A) 20 t or less; or (B) 60 t or less; or (C) 100 t or less; or (D) more than 100 t; and (viii)operator of a boom type elevating work platform with a boom length of 11 m or more; and (ix) operator of a mobile truck mounted concrete placing boom with a knuckle boom capable of power operated slewing and luffing; and (x) operator of a materials hoist with a cantilever platform; and (xi) operator of a materials or personnel hoist; and (b) for demolition— (i) demolisher of a building or structure; and (ii) demolisher of plant; and (iii) demolisher of a building or structure of up to 2 storeys or with a maximum height of 10 m; and (iv) demolisher of a house; and (v) remover and disposer of asbestos from a building, structure or plant; and

s 8 11 s 8 Workplace Health and Safety Amendment (No. 2) No. 266, 1994 (c) for load shifting equipment operation— (i) operator of a bridge or gantry crane—if load being lifted by remote control having not more then 3 powered operations is more than 5 t; and (ii) operator of a dozer; and (iii) operator of an excavator having an engine capacity of more than 2 L; and (iv) operator of a fork lift truck (other than a pedestrian operated fork lift truck); and (v) operator of a front-end loader having an engine capacity of more than 2 L; and (vi) operator of a front-end loader/backhoe having an engine capacity of more than 2 L; and (vii) operator of a grader; and (viii)operator of an order picking fork lift truck; and (ix) operator of a road roller having an engine capacity of more than 2 L; and (x) operator of a skid steer loader having an engine capacity of more than 2 L; and (xi) operator of a scraper; and (d) for pressure equipment operation— (i) advanced boiler operator; and (ii) intermediate boiler operator; and (iii) basic boiler operator; and (iv) operator of a turbine with a power output of 500 kW or more; and (v) operator of a reciprocating steam engine with a piston diameter of more than 250 mm; and (e) for rigging— (i) advanced rigger; and

s 8 12 s 8 Workplace Health and Safety Amendment (No. 2) No. 266, 1994 (ii) intermediate rigger; and (iii) basic rigger; and (f) dogger; and (g) for scaffolding— (i) advanced scaffolder; and (ii) intermediate scaffolder; and (iii) basic scaffolder; and (h) for welding— (i) welder certificate no. 1; and (ii) welder certificate no. 1E; and (iii) welder certificate no. 2; and (iv) welder certificate no. 3; and (v) welder certificate no. 3E; and (vi) welder certificate no. 4; and (vii) welder certificate no. 5; and (viii)welder certificate no. 6; and (ix) welder certificate no. 7; and (x) welder certificate no. 8F; and (xi) welder certificate no. 8G; and (xii) welder certificate no. 9; and (xiii)welder certificate no. 10. Example of subsections (a)(iv) and (c)(i)— Each of the following paragraphs refer to 1 powered operation— (a) raising and lowering a load; (b) moving the crane along the runways; (c) traversing the hoisting mechanism across the bridge beam; (d) rotating the hoisting mechanism.

s 8 13 s 8 Workplace Health and Safety Amendment (No. 2) No. 266, 1994 ˙ ‘ Establishing competence ‘ 34.(1) Before the Director may grant a person a certificate, the person must establish to the Director’s satisfaction that the person is competent— (a) to use plant for which the certificate is sought to the standard set by the competency standard; or (b) to perform work for which the certificate is sought to the standard set by the competency standard. ‘ (2) This may be established by the person— (a) giving the Director satisfactory evidence of the person’s qualifications or experience equivalent to the qualifications or experience required by the competency standard; or (b) satisfactorily demonstrating the use of the plant or the performance of the work before a certificate assessor. ˙ ‘ Application for certificate ‘ 35.(1) A person may apply to the Director for the grant of a certificate only within 3 months after complying with section 34. ‘ (2) A person who is not the holder of a certificate but has applied for a certificate under subsection (1) may use plant or perform work for which the certificate is sought, without holding a certificate, until the person receives— (a) the certificate from the Director; or (b) notice of refusal to grant the certificate. ˙ ‘ Decision on application ‘ 36.(1) The Director must consider each application for a certificate and either grant the certificate or refuse to grant the certificate. ‘ (2) If the Director grants the certificate the Director must promptly give the certificate to the applicant. ‘ (3) If the Director refuses to grant the certificate the Director must promptly give the applicant a written notice stating—

s 8 14 s 8 Workplace Health and Safety Amendment (No. 2) No. 266, 1994 (a) the reasons for the refusal; and (b) that the applicant may appeal against the refusal under section 113 (Appeal to board of reference concerning certificates etc.) of the Act within the time specified in the section. ˙ ‘ Suspension or cancellation—show cause process ‘ 37.(1) In this section— “reasonable ground” for the suspension or cancellation of a certificate includes each of the following grounds— (a) the certificate was obtained on the basis of incorrect or misleading information; (b) the certificate holder has incompetently performed the occupation for which the certificate was granted. ‘ (2) The Director must give the certificate holder a show cause notice if the Director believes a reasonable ground exists— (a) to suspend or cancel, under section 38, a certificate granted by the Director; or (b) to recommend to another official, under section 38, that a certificate granted by the official be suspended or cancelled by the official. ‘ (3) The show cause notice must— (a) state the action proposed to be taken by the Director; and (b) state the ground for proposing to take the action; and (c) outline the facts and circumstances forming the basis for the Director’s belief; and (d) if the Director proposes to suspend the certificate or recommend that another official suspend the certificate—state the proposed suspension period; and (e) invite the certificate holder to show cause, within a specified time of at least 21 days from when the show cause notice was given, why the action proposed should not be taken.

s 8 15 s 8 Workplace Health and Safety Amendment (No. 2) No. 266, 1994 ‘ (4) The Director must consider all written or oral submissions made by or for the certificate holder to the Director about why the proposed action should not be taken. ˙ ‘ Suspension or cancellation—procedure after show cause process ‘ 38.(1) If the Director believes the certificate holder has not shown cause or sufficient cause why the action should not be taken, the Director may— (a) if the certificate was granted by the Director and the show cause notice stated a proposal to suspend the certificate for a specified period—suspend the certificate for a period no longer than the specified period; or (b) if the certificate was granted by the Director and the show cause notice stated a proposal to cancel the certificate— (i) cancel the certificate; or (ii) suspend the certificate for a period; or (c) if the certificate was granted by another official—recommend to the official that the official suspend or cancel the certificate in accordance with the Director’s recommendation. ‘ (2) The Director must inform the certificate holder of the decision by written notice. ‘ (3) If the Director decides to suspend or cancel the certificate, or to recommend that another official suspend or cancel the certificate, the notice must state— (a) the reasons for the decision; and (b) that the certificate holder may appeal against the decision under section 113 (Appeal to board of reference concerning certificates etc.) of the Act within the time specified in the section. ‘ (4) The suspension or cancellation of a certificate granted by the Director takes effect on the later of the following— (a) the day on which the notice is given to the certificate holder; (b) the day specified in the notice.

s 8 16 s 8 Workplace Health and Safety Amendment (No. 2) No. 266, 1994 ˙ ‘ Automatic cancellation of certificate ‘ 39. The Director may suspend or cancel a person’s certificate issued by the Director in accordance with the recommendation of another official, without complying with sections 37 (Suspension or cancellation—show cause process) and 38(3) (Suspension or cancellation—procedure after show cause process), if the recommendation is made— (a) to the Director in a written notice; and (b) after the official— (i) has given the person a reasonable opportunity to show cause why the certificate should not be suspended or cancelled; and (ii) has considered all written or oral submissions made by or for the certificate holder to the official about why the proposed action should not be taken. ˙ ‘ Return of suspended or cancelled certificate ‘ 40.(1) If the Director cancels or suspends a person’s certificate, the Director may give the person a written notice requiring the person to return the certificate to the Director. ‘ (2) The notice must state a period, of at least 14 days from the day on which the notice is given, within which the certificate must be returned. ‘ (3) The person must comply with the notice, unless the person has a reasonable excuse for not complying with it. Maximum penalty—30 penalty units. ‘ (4) The Director must return the certificate to the certificate holder at the end of the suspension period. ˙ ‘ Replacement certificates ‘ 41.(1) A person may apply to the Director for the replacement of a lost, stolen or destroyed certificate issued by the Director. ‘ (2) The Director must consider each application and either replace the certificate or refuse to replace the certificate.

s 9 17 s 9 Workplace Health and Safety Amendment (No. 2) No. 266, 1994 ‘ (3) If the Director is satisfied the certificate has been lost, stolen or destroyed, the Director must replace the certificate. ‘ (4) If the Director refuses to replace the certificate, the Director must give the applicant a written notice stating— (a) the reasons for the refusal; and (b) that the applicant may appeal against the refusal to a board of reference in the same way as an appeal is made under section 113 (Appeal to board of reference concerning certificates etc.) of the Act. ˙ ‘ Recognition of existing certificate ‘ 42.(1) In this section— “old occupation” means an occupation that was a prescribed occupation before the commencement of this section. ‘ (2) A certificate for an old occupation, in force immediately before the commencement of this section, is a certificate under section 109 (Certificate required to work in certain occupations) of the Act. ‘ (3) However, the certificate only allows the holder to perform work in the part of a prescribed occupation performed in the old occupation. Example— A person who held a machinery operator’s certificate (Class 1C Fire tube boiler), before the commencement of this section, may operate a fire tube boiler, after the commencement, without holding an intermediate boiler operator’s certificate.’. ˙ Amendment of s 123 (Preparation) 9. Section 123, ‘of competency as a demolisher Class 5’— omit, insert— ‘as a remover and disposer of asbestos’.

s 10 18 s 14 Workplace Health and Safety Amendment (No. 2) No. 266, 1994 ˙ Amendment of s 165 (Riding load) 10. Section 165(2), ‘dogman’— omit, insert— ‘dogger’. ˙ Amendment of s 218 (Removal of asbestos) 11.(1) Section 218(1), from ‘who is’ to ‘the asbestos’— omit, insert— ‘( “the remover” ) who is the holder of a certificate as a remover and disposer of asbestos’. (2) Section 218(2), ‘demolisher’— omit, insert— ‘remover’. ˙ Amendment of s 275 (Suppliers’ duties) 12. Section 275, ‘National Occupational Health and Safety Commission’s’— omit, insert— ‘NOHSC’s’. ˙ Amendment of s 276 (Employers’ duties) 13. Section 276(4), ‘National Occupational Health and Safety Commission’s’— omit, insert— ‘NOHSC’s’. ˙ Amendment of s 279 (Manifests) 14. Section 279, ‘National Occupational Health and Safety

s 15 19 s 15 Workplace Health and Safety Amendment (No. 2) No. 266, 1994 Commission’s’— omit, insert— ‘NOHSC’s’. ˙ Amendment of Sch 2 (Fees) 15. Schedule 2, item 6— omit, insert— ‘ Certificates ‘ 6. Certificates granted under Part 5— (a) application for certificate . . . . . . . . . . . . . . . . . . . . . . (b) application for lost, stolen or destroyed certificate . . . (c) assessment of qualifications or experience . . . . . . . . (d) registration of a certificate assessor (other than an inspector) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) renewal of registration of a certificate assessor (other than an inspector) . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) each assessment report book . . . . . . . . . . . . . . . . . . . 36.00 18.00 18.00 300.00 50.00 10.00’. ENDNOTES 1. Made by the Governor in Council on 7 July 1994. 2. Notified in the Gazette on 8 July 1994. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Employment, Vocational Education, Training and Industrial Relations. © State of Queensland 1994