Workplace Health and Safety Amendment Regulation (No. 2) 1995 (Qld)

Queensland Subordinate Legislation 1995 No. 382 Workplace Health and Safety Act 1995 WORKPLACE HEALTH AND SAFETY AMENDMENT REGULATION (No. 2) 1995 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Replacement of ss 14 to 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 14 Notifying of serious bodily injury, work caused illness or dangerous event . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 15 Recording work caused illnesses, work injuries or dangerous events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Amendment of s 30 (Workplaces requiring a workplace health and safety officer—Act, s 93) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Amendment of s 59 (Rural industry exemption) . . . . . . . . . . . . . . . . . . . . . . 6 7 Amendment of s 62 (Principal contractor to decide final price at practical completion) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Amendment of sch 1 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Amendment of sch 2 (Registrable workplaces (other than registrable construction workplaces) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Amendment of sch 6 (Prescribed occupations) . . . . . . . . . . . . . . . . . . . . . . . 7 11 Amendment of sch 7 (Workplace amenities (for workplaces other than construction workplaces) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12 Insertion of new sch 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SCHEDULE 8A RURAL INDUSTRY EXEMPTIONS

2 Workplace Health and Safety Amendment (No. 2) No. 382, 1995 13 Amendment of sch 8A (Rural industry exemptions) . . . . . . . . . . . . . . . . . . . 8 14 Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 15 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

s1 3 s4 Workplace Health and Safety Amendment (No. 2) No. 382, 1995 ˙ Short title 1. This regulation may be cited as the Workplace Health and Safety Amendment Regulation (No. 2) 1995 . ˙ Commencement 2.(1) Sections 12 and 15(1) commence on 1 February 1996. (2) Sections 13, 14(1) and 15(2) commence on 1 April 1996. ˙ Regulation amended 3. This regulation amends the Workplace Health and Safety Regulation1995 . ˙ Replacement of ss 14 to 16 4. Sections 14 to 16— omit, insert— ˙ ‘ Notifying of serious bodily injury, work caused illness or dangerous event ‘ 14.(1) This section applies if any of the following events (an “event” ) happen at a workplace— (a) a serious bodily injury; (b) a work caused illness; (c) a dangerous event. ‘ (2) The following persons must give the chief executive notice of the event happening— (a) for an event at a workplace (other than a construction workplace) that does not cause a death—the employer or self-employed person; (b) for an event at a workplace (other than a construction workplace) that causes the death of—

s4 4 s4 Workplace Health and Safety Amendment (No. 2) No. 382, 1995 (i) an employer—the person next in charge of the workplace; or (ii) anyone else—the employer or self-employed person; (c) for an event at a construction workplace—the principal contractor. Maximum penalty—20 penalty units. ‘ (3) The person must give the notice— (a) in the approved form within 24 hours after the person becomes aware of the event happening; or (b) if the event causes a death— (i) promptly after the person becomes aware of the death; and (ii) in the approved form within 24 hours after the person becomes aware of the death. Example of a prompt notification under paragraph (b)(i)— A notification by phone or fax. ‘ (4) A person required to notify the chief executive under this section does not commit an offence if— (a) the person did not know, and could not reasonably be expected to know, of the event; or (b) the person— (i) was incapacitated by the work caused illness or work injury; and (ii) notifies the chief executive as soon as reasonably practicable after the person is no longer incapacitated. ˙ ‘ Recording work caused illnesses, work injuries or dangerous events ‘ 15.(1) This section applies if any of the following events (an “event” ) happen at a workplace— (a) a work caused illness; (b) a work injury; (c) a dangerous event.

s4 5 s4 Workplace Health and Safety Amendment (No. 2) No. 382, 1995 ‘ (2) If the event is a work caused illness or work injury, the following persons must make a record of the event— (a) if the event happens to— (i) a worker—the worker’s employer; or (ii) an employer—the employer; or (iii) a self-employed person—the self-employed person; (b) if the event happens at a construction workplace—the principal contractor for the workplace. Maximum penalty—20 penalty units. ‘ (3) If the event is a dangerous event, the following persons must make a record of the event— (a) if the event happens at a workplace (other than a construction workplace)—the employer or self-employed person at the workplace; (b) if the event happens at a construction workplace—the principal contractor for the workplace. Maximum penalty—20 penalty units. ‘ (4) A record under subsection (2) or (3) must be— (a) made in the approved form within 3 days after the person required to make the record becomes aware of event happening; and (b) kept by the person required to make the record for 1 year after it was made. ‘ (5) A person required to make a record under this section does not commit an offence if— (a) the person did not know, and could not reasonably be expected to know, of the event; or (b) the person— (i) was incapacitated by the work caused illness or work injury; and

s5 6 s6 Workplace Health and Safety Amendment (No. 2) No. 382, 1995 (ii) makes the record as soon as reasonably practicable after the person is no longer incapacitated.’. ˙ Amendment of s 30 (Workplaces requiring a workplace health and safety officer—Act, s 93) 5.(1) Section 30, after ‘, workplaces’— insert— ‘(other than construction workplaces)’. (2) Section 30(a) to (f) and (g)— renumber as section 30(b) to (g) and (i). (3) Section 30— insert— ‘(a) building and construction industry; (h) retail and wholesale trade industry;’. ˙ Amendment of s 59 (Rural industry exemption) 6.(1) Section 59(1), ‘Rural’— omit, insert— ‘An employer or self-employed person in rural’. (2) Section 59(2)(c) to (h)— renumber as section 59(2)(d) to (i). (3) Section 59(2)— insert— ‘(c) part 3, division 2 (Injuries, illnesses and dangerous events);’. (4) Section 59— insert— ‘ (3) An employer or self-employed person in rural industry is exempted from the provisions of the compliance standards in schedule 8A.’.

s 7 7 s 12 Workplace Health and Safety Amendment (No. 2) No. 382, 1995 ˙ Amendment of s 62 (Principal contractor to decide final price at practical completion) 7. Section 62(2), ‘28 days’— omit, insert— ‘90 days’. ˙ Amendment of sch 1 (Fees) 8. Schedule 1, sections 4(2)(q), 7 and 8— omit. ˙ Amendment of sch 2 (Registrable workplaces (other than registrable construction workplaces) 9. Schedule 2, ‘990 9900 Business without a fixed workplace . . . 1’— omit. ˙ Amendment of sch 6 (Prescribed occupations) 10. Schedule 6, section reference, ‘section 20’— omit, insert— ‘section 18’. ˙ Amendment of sch 7 (Workplace amenities (for workplaces other than construction workplaces) 11. Schedule 7, section 1(1), ‘2.3 m2’— omit, insert— ‘2.3 m 2 ’. ˙ Insertion of new sch 8A 12. After schedule 8—

s 13 insert— 8 Workplace Health and Safety Amendment (No. 2) s 14 No. 382, 1995 ‘ SCHEDULE 8A ‘ RURAL INDUSTRY EXEMPTIONS section 59(3) Workplace Health and Safety (Confined Spaces) Compliance Standard 1995, section 5(1)(b) to (i) Workplace Health and Safety (Hazardous Substances) Compliance Standard 1995, part 4 Workplace Health and Safety (Noise) Compliance Standard 1995’. ˙ Amendment of sch 8A (Rural industry exemptions) 13. Schedule 8A— insert— ‘Workplace Health and Safety (Lead) Compliance Standard 1995, part 4’. ˙ Amendment of sch 9 (Dictionary) 14.(1) Schedule 9, definition “washing facility” — omit, insert— ‘ “washing facility” means— (a) if the Workplace Health and Safety (Lead) Compliance Standard 1995 applies to a workplace—a shower facility and washing point; or (b) otherwise—a shower facility or washing point.’. (2) Schedule 9— insert—

s 15 9 s 15 Workplace Health and Safety Amendment (No. 2) No. 382, 1995 ‘ “building and construction industry” means— (a) that part of industry involved in the construction, erection, installation, addition to, alteration, repair, maintenance, cleaning, painting, renewal, removal, dismantling or demolition of a building or other structure; or (b) the digging or filling of a structure; or (c) concreting, bricklaying or tiling; or (d) any part of industry involved in activities normally regarded as building or construction. “retail and wholesale trade industry” means an industry involved in selling new or used goods.’. (3) Schedule 9, definition “final price at practical completion” , ‘for a construction’— omit, insert— ‘for a registrable construction’. ˙ Repeal 15.(1) The following provisions of the WorkplaceHealthandSafetyRegulation 1989 are repealed 1 — (a) part 19 (Confined spaces); (b) part 27 (Hazardous substances); (c) part 30 (Noise). (2) The Workplace Health and Safety Regulation 1989 , part 28 (Lead) is repealed. 1 The provisions were continued under the Workplace Health and Safety Act 1995 , section 190.

10 Workplace Health and Safety Amendment (No. 2) No. 382, 1995 ENDNOTES 1. Made by the Governor in Council on 14 December 1995. 2. Notified in the gazette on 15 December 1995. 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 1995