Workplace Health and Safety Amendment Regulation (No. 2) 1996 (Qld)

Queensland Subordinate Legislation 1996 No. 162 Workplace Health and Safety Act 1995 WORKPLACE HEALTH AND SAFETY AMENDMENT REGULATION (No. 2) 1996 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Replacement of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of s 57 (What are competency standards for prescribed occupations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Insertion of new pts 19 and 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 19—WORKPLACE HEALTH AND SAFETY PLANS AND WORKPLACE HEALTH AND SAFETY INDUCTIONS Division 1—Interpretation 156 What is a “workplace health and safety plan” . . . . . . . . . . . . . . . . . 4 157 What is “specified work” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Division 2—Principal contractors 158 Principal contractor’s workplace health and safety plan for workplace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 159 Additional things principal contractor’s workplace plan must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 160 Principal contractor’s workplace health and safety demolition work plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 161 Principal contractor to give site specific workplace health and safety induction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2 Workplace Health and Safety Amendment (No. 2) No. 162, 1996 Division 3—Employer or self-employed person for specified work 162 Employer’s or self-employed person’s workplace health and safety work plan for specified work . . . . . . . . . . . . . . . . . . . . . . . 11 163 Additional things work plans must state . . . . . . . . . . . . . . . . . . . . . . 12 164 General workplace health and safety induction for specified work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 165 Site specific workplace health and safety induction for specified work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 4—Keeping a workplace health and safety plan current 166 Workplace health and safety plan to be kept current . . . . . . . . . . . . 15 PART 20—HAZARDOUS SUBSTANCES AT CONSTRUCTION WORKPLACES 167 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 168 Employers and self-employed persons to give principal contractor details of hazardous substances to be used at construction workplace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 169 Principal contractor to keep register of hazardous substances . . . . . 16 7 Renumbering of s 174 (Expiry of pts 2–18 and 21) . . . . . . . . . . . . . . . . . . . . 17 8 Amendment of sch 6 (Prescribed occupations) . . . . . . . . . . . . . . . . . . . . . . . 17 9 Amendment of sch 8A (Rural industry exemptions) . . . . . . . . . . . . . . . . . . . 17 10 Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

s1 3 s5 Workplace Health and Safety Amendment (No. 2) No. 162, 1996 ˙ Short title 1. This regulation may be cited as the Workplace Health and Safety Amendment Regulation (No. 2) 1996 . ˙ Commencement 2. This regulation commences on 2 July 1996. ˙ Regulation amended 3. This regulation amends the Workplace Health and Safety Regulation1995 . ˙ Replacement of s 2 (Commencement) 4. Section 2— omit, insert— ˙ ‘ Commencement ‘ 2. Sections 158, 159, 162 and 163 commence on 1 January 1997. 1 ’. ˙ Amendment of s 57 (What are competency standards for prescribed occupations) 5.(1) Section 57(a), ‘demolition work, load shifting equipment operation or welding’— omit, insert— ‘in demolition work, load shifting equipment operation or welding or the occupation of asbestos removalist’. 1 Sections 158 and 159 are about principal contractors’ workplace health and safety plans for workplaces. Sections 162 and 163 are about employers’ and self-employed persons’ workplace health and safety plans for specified work.

s6 4 s6 Workplace Health and Safety Amendment (No. 2) No. 162, 1996 (2) Section 57(b)— omit, insert— ‘(b) for a prescribed occupation— (i) in demolition work—the standard stated in Information Paper 5 issued by the department; or (ii) in load shifting equipment operation—the standard stated in Information Paper 6 issued by the department; or (iii) in welding—the standard stated in Information Paper 12 issued by the department; or (iv) of asbestos removalist—the standard stated in Information Paper 7 issued by the department. 2 ’. ˙ Insertion of new pts 19 and 20 6. After part 18— insert— ‘ PART 19—WORKPLACE HEALTH AND SAFETY PLANS AND WORKPLACE HEALTH AND SAFETY INDUCTIONS ‘ Division 1—Interpretation ˙ ‘ What is a “workplace health and safety plan” ‘ 156.(1) A “workplace health and safety plan” is a plan prepared for a workplace or work that states the following— (a) the hazards to health or safety that the person required to have the plan prepared knows, or ought reasonably to know, currently exist or might arise— 2 These information papers may be obtained at no cost from any office of the Department of Training and Industrial Relations dealing with workplace health and safety.

s6 5 s6 Workplace Health and Safety Amendment (No. 2) No. 162, 1996 (i) if the plan is for a workplace—at the workplace; or (ii) if the plan is for work—relating to the work; (b) the person’s assessment of the risks that may result because of the hazards; (c) the control measures the person proposes to use to prevent, or minimise the level of, the risks; (d) how the person proposes to monitor and review the implementation and effectiveness of the measures; (e) how and to whom additional hazards are to be reported. 3 Example of paragraph (e)— 1. A worker may be required to report additional hazards to the worker’s supervisor who will then tell the manager. 2. The manager may be required to report additional hazards to the supervisor who will then tell the workers being supervised. ‘ (2) Without limiting subsection (1)(c), the control measures must cover risks from scaffolding, machines, trenches and any other part of the workplace that is a hazard if left unattended. ‘ (3) A workplace health and safety plan must also state— (a) the name and address of the person required to have the plan prepared; and (b) the additional things required— (i) for a principal contractor’s plan for a workplace—under section 159; or (ii) for an employer’s or self-employed person’s plan for specified work—under section 163. ‘ (4) A workplace health and safety plan must be written in a way likely to be understood easily by the persons entitled under this regulation to a copy of the plan or part of the plan. 4 3 Plans will range from the simple to the complex, depending on the hazards. 4 The plan may need to take into account people with special needs, for example, non-English speaking people.

s6 6 s6 Workplace Health and Safety Amendment (No. 2) No. 162, 1996 ‘ (5) A workplace health and safety plan must be dated and signed by or for the person required to have the plan. ˙ ‘ What is “specified work” ‘ 157.(1) “Specified work” means— (a) construction work; 5 or (b) the type of work that is construction work (regardless of the estimated final price of the work) done by someone who can fall 2.4 m or more when doing the work; or (c) excavating, if the excavation is to a depth of at least 1.5 m; or (d) removing, sealing, or inspecting for, asbestos. Examples of someone who can fall for paragraph (b)— Someone— • in the basket of an elevating work platform • on a ladder, scaffolding or working platform • on a roof or beam • on a floor or deck • on a bridge, road cutting or cliff. ‘ (2) However, underwater diving work is not “specified work” . ‘ Division 2—Principal contractors ˙ ‘ Principal contractor’s workplace health and safety plan for workplace ‘ 158.(1) The principal contractor for a construction workplace must ensure a workplace health and safety plan is prepared for the workplace (the “pc’s workplace plan” ) before construction work starts at the workplace. 5 Construction work is “building work”, “civil construction work” or “demolition work”. See the Act, schedule 3 (Dictionary) for the meaning of these terms and the Act, section 14 (What is a “construction workplace”?).

s6 7 s6 Workplace Health and Safety Amendment (No. 2) No. 162, 1996 Maximum penalty—30 penalty units. ‘ (2) The principal contractor for a construction workplace may allow work to start 6 at the workplace only if— (a) a copy of the pc’s workplace plan is available for inspection by anyone about to work there; and (b) each employer and self-employed person about to engage in work at the workplace has been given a copy of the plan or the part of the plan relevant to the employer or person. Maximum penalty—30 penalty units. ‘ (3) The principal contractor, or someone on his or her behalf, must discuss the health and safety issues relevant to the employer or self-employed person with the employer or person, or someone on his or her behalf— (a) before the employer or self-employed person engages in work at the workplace; or (b) if, for reasons beyond the principal contractor’s control, the discussion can not take place before the work is engaged in, as soon as practicable after the work is engaged in. Examples of relevant health and safety issues— The parts of the pc’s workplace plan relevant to an employer about to do electrical work may include parts about— • site rules, site access and site emergency procedures • hazards from other work • scheduling work at different times to avoid hazards from other work • hazards in common areas the employer or the employer’s workers may use, pass through or stray into • wet weather hazards. Maximum penalty—30 penalty units. 6 For employers or self-employed persons who will be starting work after work is under way at the construction workplace, see subsection (5).

s6 8 s6 Workplace Health and Safety Amendment (No. 2) No. 162, 1996 ‘ (4) A discussion mentioned in subsection (3) must be based on the relevant parts of— (a) the current employer’s or self-employed person’s work plan; 7 and (b) the current pc’s workplace plan; and (c) the current pc’s demolition work plan, if that plan is required. ‘ (5) The principal contractor must ensure that whenever the pc’s workplace plan is updated, each employer and self-employed person about to engage in or engaged in work at the workplace and who may be affected by the update is given a copy of the current plan or the part of it relevant to the employer or person. Maximum penalty—30 penalty units. ‘ (6) The principal contractor must allow anyone working at the workplace to inspect a copy of the current pc’s workplace plan at any reasonable time. Maximum penalty—30 penalty units. ˙ ‘ Additional things principal contractor’s workplace plan must state ‘ 159. The additional things the pc’s workplace plan must state are as follows— (a) what is being constructed; (b) the site rules; (c) if the work is other than work to construct, erect, extend, maintain, repair or structurally alter a domestic house or domestic duplex— (i) the address of the workplace; and (ii) the date construction work is to start; and (iii) the date the different types of work, for example excavation 7 See section 162 for what a “work plan” is. A plan may need updating, as required by section 166, as a result of a discussion.

s6 9 s6 Workplace Health and Safety Amendment (No. 2) No. 162, 1996 work, are scheduled to be carried out. Examples of site rules— 1. All visitors to the site must report immediately to the site office. 2. Certain persons must be advised immediately if an emergency exists. 3. Procedures for dealing with accidents and emergencies. ˙ ‘ Principal contractor’s workplace health and safety demolition work plan ‘ 160.(1) The principal contractor for a construction workplace where demolition work (other than demolition work that is also underwater diving work) is to be done must ensure a workplace health and safety demolition work plan for the work (the “pc’s demolition work plan” ) is prepared before the work starts. Maximum penalty—30 penalty units. ‘ (2) The principal contractor for a construction workplace may allow demolition work to start at the workplace only if— (a) a copy of the pc’s demolition work plan is available for inspection by anyone about to work there or already working there; and (b) each employer and self-employed person about to engage in or engaged in work at the workplace has been given a copy of the pc’s demolition work plan or the part of it relevant to the employer or person. Maximum penalty—30 penalty units. ‘ (3) The principal contractor, or someone on his or her behalf, must discuss the health and safety issues relevant to the employer or self- employed person with the employer or person, or someone on his or her behalf— (a) before the employer or self-employed person engages in work at the workplace; or (b) if, for reasons beyond the principal contractor’s control, the discussion can not take place before the work is engaged in, as soon as practicable after the work is engaged in.

s 6 10 s 6 Workplace Health and Safety Amendment (No. 2) No. 162, 1996 Maximum penalty—30 penalty units. ‘ (4) A discussion mentioned in subsection (3) must be based on the relevant parts of— (a) the current pc’s demolition work plan; and (b) the current pc’s workplace plan, if that plan is required; 8 and (c) the current employer’s or self-employed person’s work plan, if that plan is required. ‘ (5) The principal contractor must ensure that whenever the pc’s demolition work plan is updated, each employer and self-employed person about to engage in or engaged in work at the workplace and who may be affected by the update is given a copy of the current plan or the part of it relevant to the employer or person. Maximum penalty—30 penalty units. ‘ (6) The principal contractor must allow anyone working at the workplace to inspect a copy of the current pc’s demolition work plan at any reasonable time. Maximum penalty—30 penalty units. ˙ ‘ Principal contractor to give site specific workplace health and safety induction ‘ 161. The principal contractor for a construction workplace may allow a person to start construction work at the workplace only if the principal contractor, or someone on his or her behalf, has given the person a workplace health and safety induction that is specific to the workplace. Maximum penalty—30 penalty units. 8 The requirements for pcs’ workplace plans and employers’ or self-employed persons’ work plans commence on 1 January 1997. See section 2 (Commencement)

s 6 11 s 6 Workplace Health and Safety Amendment (No. 2) No. 162, 1996 ‘ Division 3—Employer or self-employed person for specified work ˙ ‘ Employer’s or self-employed person’s workplace health and safety work plan for specified work ‘ 162.(1) If specified work is to be done by an employer, the employer’s workers or a self-employed person, the employer or person must ensure a workplace health and safety plan (the “work plan” ) for the work is prepared before the work starts. Maximum penalty—30 penalty units. ‘ (2) An employer may allow the employer’s worker to start specified work only if— (a) a copy of the employer’s work plan is available for inspection by any of the employer’s workers about to do the work; and (b) for work to be done at a construction workplace—the principal contractor for the workplace has been given a copy of the work plan. Maximum penalty—30 penalty units. ‘ (3) An employer or self-employed person may start specified work at a construction workplace only if the principal contractor for the workplace has been given a copy of the current work plan. Maximum penalty—30 penalty units. ‘ (4) The employer or self-employed person, or someone on his or her behalf, must discuss the health and safety issues relevant to the employer or self-employed person with the principal contractor or someone on his or her behalf— (a) before the employer or self-employed person engages in work at the workplace; or (b) if, for reasons beyond the employer’s or self-employed person’s control, the discussion can not take place before the work is engaged in, as soon as practicable after the work is engaged in.

s 6 12 s 6 Workplace Health and Safety Amendment (No. 2) No. 162, 1996 ‘ (5) A discussion mentioned in subsection (4) must be based on the relevant 9 parts of— (a) the current pc’s workplace plan; and (b) the current work plan; and (c) the current pc’s demolition plan, if that plan is required. ‘ (6) An employer must allow a worker doing specified work to inspect a copy of the relevant parts of the most current pc’s workplace plan or pc’s demolition work plan given to the employer and the current work plan at any reasonable time. Maximum penalty—30 penalty units. ˙ ‘ Additional things work plans must state ‘ 163. The additional things that a work plan must state are— (a) the type of work to be done, for example, brick laying, carpentry or steel erection; and (b) if the work is other than work to construct, erect, extend, maintain, repair or structurally alter a domestic house or domestic duplex— (i) the address of the workplace or the address of each workplace where work is to be done; and (ii) the date work is to start. ˙ ‘ General workplace health and safety induction for specified work ‘ 164.(1) An employer may allow the employer’s worker to start specified work only if the employer is satisfied on reasonable grounds that the worker has been given a general workplace health and safety induction covering the topics mentioned in subsection (2). 10 9 See section 158(3) for examples of what is relevant. 10 There is no requirement for a worker who has already had a general induction to have another merely because the worker changes employer.

s 6 13 s 6 Workplace Health and Safety Amendment (No. 2) No. 162, 1996 Maximum penalty—30 penalty units. ‘ (2) The topics for the induction are as follows— (a) prevention of accidents, including keeping a lookout for hazards and reporting hazards; (b) unfamiliar workplaces or work; (c) procedures for dealing with emergencies and accidents; (d) manual lifting procedures and handling of materials; (e) fatigue and heat stress; (f) use of alcohol and drugs; (g) fire, fire fighting and flammable substances; (h) hazardous substances; (i) electrical safety; (j) falling from heights or on slippery surfaces; (k) use of safety harnesses; (l) things that can be fallen into, for example, pits, trenches, holes and floor openings; (m) working in confined or unventilated spaces; (n) safety barriers and safety signs; (o) eye, head, hearing and respiratory protection; (p) protective clothing, helmets and footwear; (q) overhead hazards, for example, cranes and falling objects; (r) hazards from things that project; (s) hazards from things or areas left unattended; (t) hazards from vehicles; (u) use of workplace amenities, cleanliness and housekeeping; (v) sunburn; (w) wearing jewellery;

s 6 14 s 6 Workplace Health and Safety Amendment (No. 2) No. 162, 1996 (x) workplace health and safety plans; (y) workplace health and safety meetings; (z) an outline of the person’s obligations under the Act. ‘ (3) It is a reasonable ground that the employer— (a) relied on the worker’s statement that the worker had already received a general workplace health and safety induction; and (b) did not know the statement was false. ˙ ‘ Site specific workplace health and safety induction for specified work ‘ 165.(1) An employer may allow the employer’s worker to start specified work at a workplace only if the worker has been given a workplace health and safety induction that is specific to the workplace. Maximum penalty—30 penalty units. ‘ (2) The induction must be given by— (a) if the work is to be done at a construction workplace—the principal contractor for the workplace or someone on his or her behalf; or (b) otherwise—the worker’s employer or someone on his or her behalf. ‘ (3) The worker’s employer must make a written record of the date of the induction and the name of the worker inducted. Maximum penalty—30 penalty units. ‘ (4) The worker’s employer must keep the record— (a) if work is to be done at a construction workplace—until the employer has finished construction work at the workplace; or (b) otherwise—for at least 3 months after making the record. Maximum penalty—30 penalty units. ‘ (5) An employer or self-employed person may start specified work at a construction workplace only if the principal contractor, or someone on his or her behalf, has given the employer or person a workplace health and

s 6 15 s 6 Workplace Health and Safety Amendment (No. 2) No. 162, 1996 safety induction that is specific to the workplace. Maximum penalty—30 penalty units. ‘ (6) The employer or self-employed person must make a written record of the date of his or her induction. Maximum penalty—30 penalty units. ‘ (7) The employer or self-employed person must keep the record until the employer or person has finished construction work at the workplace. Maximum penalty—30 penalty units. ‘ Division 4—Keeping a workplace health and safety plan current ˙ ‘ Workplace health and safety plan to be kept current ‘ 166. Anyone required under this part to have a workplace health and safety plan must— (a) ensure the plan is kept current; and (b) ensure the whole of the plan is— (i) reviewed at least once every 12 months; and (ii) updated (if necessary) at least once every 12 months. Maximum penalty—30 penalty units. ‘ PART 20—HAZARDOUS SUBSTANCES AT CONSTRUCTION WORKPLACES ˙ ‘ Definitions for part ‘ 167. In this part— “hazardous substance” see Workplace Health and Safety (Hazardous Substances) Compliance Standard 1995 , section 8.

s 6 16 s 6 Workplace Health and Safety Amendment (No. 2) No. 162, 1996 “MSDS” , for a hazardous substance, means a material safety data sheet for the substance given to the person by the substance’s supplier. “use” see Workplace Health and Safety (Hazardous Substances) Compliance Standard 1995 , schedule 3. ˙ ‘ Employers and self-employed persons to give principal contractor details of hazardous substances to be used at construction workplace ‘ 168. An employer may allow the employer’s worker to use, and an employer or self-employed person may use, a hazardous substance at a construction workplace only if the principal contractor for the workplace has been given— (a) notice that the employer or self-employed person proposes to use the hazardous substance at the workplace; and (b) a copy of the substance’s current MSDS. Maximum penalty—30 penalty units. ˙ ‘ Principal contractor to keep register of hazardous substances ‘ 169.(1) The principal contractor for a construction workplace must keep a register, containing the information mentioned in subsections (2) to (4), of all hazardous substances the principal contractor is aware are at, or are proposed to be used at, the workplace. Maximum penalty—30 penalty units. ‘ (2) The register must contain the name of the employer or self-employed person (if any) the principal contractor knows is proposing to use the substance at the workplace. ‘ (3) The register must also contain the copy of the MSDS given to the principal contractor under section 168 (if any). ‘ (4) If a copy of the substance’s MSDS has not been given to the principal contractor under section 168, the register must contain a copy of the substance’s current MSDS. ‘ (5) The information must be entered in the register as soon as reasonably practicable after the principal contractor becomes aware that the

s 7 17 s 10 Workplace Health and Safety Amendment (No. 2) No. 162, 1996 hazardous substance is at, or is proposed to be used at, the workplace. ‘ (6) The principal contractor must allow anyone working, or about to work, at the workplace to inspect the register at all reasonable times. Maximum penalty—30 penalty units.’. ˙ Renumbering of s 174 (Expiry of pts 2–18 and 21) 7. Section 174— renumber as section 170. ˙ Amendment of sch 6 (Prescribed occupations) 8.(1) Schedule 6, item 2(e)— omit . (2) Schedule 6, after item 8— insert— ‘ 9. Asbestos removalist.’. ˙ Amendment of sch 8A (Rural industry exemptions) 9. Schedule 8A— insert — ‘Workplace Health and Safety (Asbestos Removal Work) Compliance Standard 1996 Workplace Health and Safety (Underwater Diving Work) Compliance Standard 1996’. ˙ Amendment of sch 9 (Dictionary) 10. Schedule 9— insert— ‘ “address ”, of a workplace, means—

s 10 18 s 10 Workplace Health and Safety Amendment (No. 2) No. 162, 1996 (a) a street or similar address; or (b) another description of the location of the workplace enabling the location to be identified. “construction workplace” includes a place that will become a construction workplace as a result of work starting at the place. “domestic duplex” means 2 single domestic dwellings with a common internal wall. “domestic house” means a house that is a separate single domestic dwelling. “specified work” see section 157. “workplace health and safety plan” see section 156.’. ENDNOTES 1. Made by the Governor in Council on 27 June 1996. 2. Notified in the gazette on 28 June 1996. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Training and Industrial Relations. © State of Queensland 1996