Workplace Health and Safety Amendment Regulation (No. 3) 2002 (Qld)

Workplace Health and Safety Amendment Regulation (No. 3) 2002

Queensland Subordinate Legislation 2002 No. 109 Workplace Health and Safety Act 1995 WORKPLACE HEALTH AND SAFETY AMENDMENT REGULATION (No. 3) 2002 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Insertion of new s 3B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3B References to the doing of work by employer . . . . . . . . . . . . . . . . . . 8 5 Amendment of s 52 (Notifying of serious bodily injury, work caused illness or dangerous event) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6 Amendment of s 53 (Recording work caused illnesses, work injuries or dangerous events) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7 Replacement of pt 8 (Workplace health and safety plans and workplace health and safety inductions) . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 8—CONSTRUCTION WORKPLACE PLANS, WORK METHOD STATEMENTS AND INDUCTIONS Division 1—Interpretation 55 Deﬁnitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 56 Meaning of “construction workplace plan” . . . . . . . . . . . . . . . . . . . . 10 57 Meaning of “high risk construction activity”. . . . . . . . . . . . . . . . . . . 12 58 Meaning of “work method statement” for a high risk construction activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 59 Meaning of “work method statement” for a prescribed activity that is demolition work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 60 Work method statements may be generic . . . . . . . . . . . . . . . . . . . . . 15

2 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 Division 2—Principal contractors Subdivision 1—Construction workplace plans and work method statements for construction workplaces 61 Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Principal contractor must ensure construction workplace plan is prepared . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Work method statements or amended work method statements to be kept with construction workplace plan . . . . . . . . . . . . . . . . . . . 64 Principal contractor must not allow work to start unless particular things have been done . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Principal contractor to monitor implementation of work method statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65A Current construction workplace plan to be available for inspection . 65B Amendment of construction workplace plan . . . . . . . . . . . . . . . . . . . Subdivision 2—Work method statements for a prescribed activity that is demolition work 65C Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65D Work method statement to be prepared and given . . . . . . . . . . . . . . . 65E Activity must not be allowed to start unless particular things have been done . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65F Activity not to be performed unless in compliance with work method statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65G Amendment of work method statement. . . . . . . . . . . . . . . . . . . . . . . 65H Availability and review of work method statement . . . . . . . . . . . . . . Subdivision 3—Workplace health and safety inductions 65I Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65J Principal contractor must sight general induction evidence before work starts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65K Site-speciﬁc induction to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3—Employers and self-employed persons Subdivision 1—Work method statements 65L Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65M Work method statement to be prepared and given . . . . . . . . . . . . . . . 65N Activity must not be allowed to start unless particular things have been done . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 16 16 17 18 18 18 19 19 20 20 21 21 22 22 22 24 24 25

3 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 65O Activity not to be performed unless in compliance with work method statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 65P Amendment of work method statement. . . . . . . . . . . . . . . . . . . . . . . 26 65Q Availability and review of work method statement . . . . . . . . . . . . . . 26 Subdivision 2—Workplace health and safety inductions 65R Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 65S Employer must ensure general induction evidence is held before work starts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 65T Self-employed person must hold general induction evidence before work starts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Division 4—Workers 65U Worker must hold general induction evidence before work starts. . . 28 PART 8A—SAFE HOUSEKEEPING PRACTICES FOR CONSTRUCTION-TYPE WORK Division 1—Principal contractors 65V What are safe housekeeping practices for a principal contractor . . . 28 65W Principal contractor’s obligation about safe housekeeping practices 29 Division 2—Employers or self-employed persons 65X What are safe housekeeping practices for an employer or self- employed person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 65Y Employer’s or self-employed person’s obligation about safe housekeeping practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 PART 8B—COMMON PLANT AT A CONSTRUCTION WORKPLACE Division 1—Interpretation 65Z Deﬁnition for pt 8B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Division 2—Principal contractors 65ZA Principal contractor’s obligations for common plant. . . . . . . . . . . . . 31 Division 3—Employers or self-employed persons 65ZB How particular common plant must be used . . . . . . . . . . . . . . . . . . . 32 8 Insertion of new pt 11, divs 4–5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Division 4—Employers and self-employed persons Subdivision 1—Work method statements 75C Meaning of “work method statement” for prescribed activity that is the removal of asbestos materials . . . . . . . . . . . . . . . . . . . . . . . . . 33

4 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 75D Work method statement may be generic . . . . . . . . . . . . . . . . . . . . . . 34 75E Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 75F Work method statement must be prepared. . . . . . . . . . . . . . . . . . . . . 34 75G Activity must not be allowed to start unless particular things have been done . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 75H Activity not to be performed unless in compliance with work method statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 75I Amendment of work method statement. . . . . . . . . . . . . . . . . . . . . . . 35 75J Availability and review of work method statement . . . . . . . . . . . . . . 36 Subdivision 2—Workplace health and safety inductions 75K General induction evidence must be held before work starts . . . . . . 36 Division 5—Workers 75L Worker must hold general induction evidence before work starts. . . 37 9 Renumbering of pt 17 and ss 167 and 168 . . . . . . . . . . . . . . . . . . . . . . . . . . 37 10 Insertion of new pts 17–20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 PART 17—EXCAVATIONS Division 1—Interpretation 167 Deﬁnitions for pt 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 168 Meaning of “competent person” . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Division 2—Principal contractors 169 Information about underground services . . . . . . . . . . . . . . . . . . . . . . 40 Division 3—Employers or self-employed persons Subdivision 1—Ways to prevent or minimise risk prescribed 170 Ways to prevent or minimise risk prescribed. . . . . . . . . . . . . . . . . . . 41 Subdivision 2—Risk from contact with underground services 171 Risk from contact with underground services at a construction workplace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 172 Risk from contact with underground services at a workplace other than a construction workplace . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Subdivision 3—Work that could reduce the stability of structure or route 173 Before work that could reduce stability starts . . . . . . . . . . . . . . . . . . 43 174 Doing work that could reduce stability . . . . . . . . . . . . . . . . . . . . . . . 43 Subdivision 4—Risk from all excavations or from trench at least 1 m deep

5 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 175 Risk from all excavations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 Risk from trench at least 1 m deep . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 5—Risk from trench more than 1.5 m deep 177 Application of sdiv 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 Particular control measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 Access to trench by ladders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 Events in a trench that is not shored, benched or battered. . . . . . . . . PART 18—CONSTRUCTION-TYPE WORK WHERE THERE IS A RISK A PERSON COULD FALL Division 1—Interpretation 181 Deﬁnitions for pt 18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2—Ways for employers and self-employed persons to prevent or minimise risk prescribed 182 Ways to prevent or minimise risk prescribed. . . . . . . . . . . . . . . . . . . Division 3—Risk of fall in particular circumstances 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 . . 184 Risk of fall of at least 3 m in housing construction work and 2.4 m in other work or work on roof with a pitch of more than 26º . . . . Division 4—Requirements about particular control measures 185 Edge protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 Fall protection cover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 Travel restraint system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 Fall-arrest harness system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 Industrial safety net . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5—Ladders 190 What work may be done from single or extension ladder . . . . . . . . . 191 Work on a ladder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 Ladders generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6—Platforms supported by trestle ladders 193 Work on platform supported by trestle ladders . . . . . . . . . . . . . . . . . 194 Platform supported by trestle ladders . . . . . . . . . . . . . . . . . . . . . . . . Division 7—Scaffolding 44 45 46 46 47 47 48 51 51 53 54 55 55 56 58 59 60 62 63 64

6 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 195 Application of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 196 Duties before starting to erect or dismantle . . . . . . . . . . . . . . . . . . . . 66 197 Erecting scaffolding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 198 Dismantling scaffolding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 PART 19—OBJECTS THAT COULD FALL ON OR OTHERWISE HIT MEMBERS OF THE PUBLIC Division 1—Interpretation 199 Deﬁnitions for pt 19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Division 2—Demolition work and particular other work 200 Ways to prevent or minimise risk prescribed. . . . . . . . . . . . . . . . . . . 69 201 Work to which this division applies and who obligations apply to . . 69 202 Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 203 Control measures depending on height of building or other structure 71 204 Additional control measures if measured angle is 75º or more . . . . . 72 205 Additional control measures for demolition work or work erecting or dismantling formwork . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 206 Catch platform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 207 Gantry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 208 Load lifted over adjoining area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 209 Closure of part or all of adjoining area . . . . . . . . . . . . . . . . . . . . . . . 76 Division 3—Housing construction work or the type of work that is civil construction work 210 Work to which this division applies. . . . . . . . . . . . . . . . . . . . . . . . . . 77 211 Risk assessment and control measures . . . . . . . . . . . . . . . . . . . . . . . 77 PART 20—GENERAL PROVISIONS FOR PTS 17–19 212 Control measure to be in place and monitored and reviewed . . . . . . 79 213 Plant not to be used as a control measure unless it has been maintained .................................. 80 214 Plant erected or installed after work starts. . . . . . . . . . . . . . . . . . . . . 80 215 Written evidence from engineer or competent person may be relied on ........................................ 81 11 Insertion of new pt 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 PART 23—TRANSITIONAL PROVISIONS

7 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 231 Transitional provision for pc’s workplace plan and pc’s demolition work plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 232 Transitional provision for Workplace Health and Safety induction for speciﬁed work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 12 Amendment of sch 9 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82

s1 8 s4 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 1 Short title This regulation may be cited as the Workplace Health and Safety Amendment Regulation (No. 3) 2002 . 2 Commencement (1) This regulation commences on 1 September 2002, except as provided for under subsections (2) and (3). (2) Section 7 commences on 1 January 2003 to the extent it inserts the following new provisions— • section 65J • part 8, division 3, subdivision 2 • part 8, division 4. (3) Section 8 commences on 1 January 2003 to the extent it inserts the following new provisions— • part 11, division 4, subdivision 2 • part 11, division 5. 3 Regulation amended This regulation amends the WorkplaceHealthandSafetyRegulation 1997. 4 Insertion of new s 3B After section 3A— insert — ‘3B References to the doing of work by employer ‘A reference in this regulation to the doing or performing of work by an employer is taken to include the doing or performance of the work by a worker of the employer.’.

s5 9 s6 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 5 Amendment of s 52 (Notifying of serious bodily injury, work caused illness or dangerous event) (1) Section 52(4)— renumber as section 52(5). (2) Section 52— insert— ‘ (4) If the event involves an employer or self-employed person, or a worker of an employer, at a construction workplace, the employer or self-employed person must— (a) immediately notify the principal contractor for the workplace that the event has happened; and (b) give the principal contractor any help the principal contractor may reasonably require to complete an approved form under subsection (3) for the event. Maximum penalty—20 penalty units.’. (3) Section 52— insert— ‘ (6) An employer or self-employed person required to notify the principal contractor and give the principal contractor help under subsection (4) does not commit an offence if— (a) the employer or self-employed person did not know, and could not reasonably be expected to know, of the event; or (b) the employer or self-employed person— (i) was incapacitated by the work caused illness or work injury; and (ii) notiﬁes the principal contractor as soon as reasonably practicable after the employer or self-employed person is no longer incapacitated.’. 6 Amendment of s 53 (Recording work caused illnesses, work injuries or dangerous events) (1) Section 53(5)—

s 7 10 s 7 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 renumber as section 53(6). (2) Section 53— insert— ‘ (5) If the event involves an employer or self-employed person, or a worker of an employer, at a construction workplace, the employer or self-employed person must give the principal contractor for the workplace any help the principal contractor may reasonably require to complete a record under subsection (2) or (3) for the event. Maximum penalty—20 penalty units.’. 7 Replacement of pt 8 (Workplace health and safety plans and workplace health and safety inductions) Part 8— omit , insert— ‘PART 8—CONSTRUCTION WORKPLACE PLANS, WORK METHOD STATEMENTS AND INDUCTIONS ‘Division 1—Interpretation ‘55 Deﬁnitions for pt 8 ‘In this part— “construction workplace plan” see section 56. “high risk construction activity” see section 57. ‘56 Meaning of “construction workplace plan” ‘A “construction workplace plan” , for a construction workplace, is a plan stating— (a) the address of the workplace; and (b) the name and address of the principal contractor for the workplace; and (c) if the principal contractor has an ABN, the ABN; and

s 7 11 s 7 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (d) whether there is a workplace health and safety committee 1 for the workplace; and (e) whether there is a workplace health and safety ofﬁcer appointed 2 for the workplace; and (f) when the construction work is expected to start at the workplace; and (g) the principal contractor’s estimate of how long the construction work will take; and (h) the type of construction work to be done at the workplace; and Examples of the type of construction work to be carried out at the workplace — • work to erect a town house • work to construct a road • work to demolish an ofﬁce block. (i) the risks 3 at the workplace for which the principal contractor owes a workplace health and safety obligation; 4 and (j) the proposed control measures to prevent, or minimise the level of the risks; and (k) how the principal contractor proposes to ensure the proposed control measures are implemented; and (l) how the principal contractor proposes to monitor and review the effectiveness of the proposed control measures; and (m) the site rules; and Example of site rules — 1. All visitors to the site must report immediately to the site ofﬁce. 2. Safety boots and goggles must be worn on the site. 3. A person must not consume alcohol on the site. (n) the emergency procedures for the workplace; and 1 See part 7 (Workplace consultative arrangements), division 4 (Workplace health and safety committees) of the Act. 2 See part 8 (Workplace health and safety ofﬁcers) of the Act. 3 The Act , schedule 3 (Dictionary) deﬁnes “risk”. 4 The Act, section 31(1)(b) (Obligations of principal contractors)

s 7 12 s 7 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 Example of an emergency procedure — If there is an emergency evacuation a siren will sound and all personnel must assemble on the corner of Green Street and Blue Street to await further instruction for returning to the site. (o) how the principal contractor proposes to discharge his or her workplace health and safety obligation 5 to ensure activities at the workplace are safe and without risk to members of the public at or near the workplace; and Example — A gantry with a hoarding will be provided over the footpath to protect members of the public from falling objects. (p) the plant to be provided for common use at the workplace. Examples of plant — • perimeter guard railing • 1 800 mm hoarding. ‘57 Meaning of “high risk construction activity” ‘ (1) An activity is a “high risk construction activity” if the activity is part of construction-type work and— (a) the activity involves a person— (i) entering a trench that is more than 1.5 m deep; or (ii) using explosives; or (iii) using a conﬁned space; 6 or (iv) using a hazardous substance; or (b) during the activity, a person could fall— (i) if the activity is housing construction work 7 —at least 3 m; or (ii) if the activity is not housing construction work—at least 2.4 m; or 5 The Act, section 31(1)(c) (Obligations of principal contractors) 6 Schedule 9 (Dictionary) deﬁnes “conﬁned space”. 7 Schedule 9 (Dictionary) deﬁnes “housing construction work”.

s 7 13 s 7 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (c) the activity is performed on a roof with a pitch of more than 26º; or (d) the following things all apply in relation to the activity— (i) an employer or self-employed person intends to perform the activity at a construction workplace; (ii) the principal contractor for the workplace reasonably concludes that the activity could result in death or bodily harm; (iii) the activity is other than a prescribed activity that is demolition work. ‘ (2) In this section— “hazardous substance” has the same meaning it has in part 13, division 4. 8 “using explosives” does not include using powder-actuated hand-held fastening tools. 9 ‘58 Meaning of “work method statement” for a high risk construction activity ‘ (1) A “work method statement” , for a high risk construction activity, is a statement for the activity prepared by or under the direction of an employer or self-employed person and stating— (a) the high risk construction activity; and (b) if the employer or self-employed person has an ABN, the ABN; and (c) the speciﬁc control measures the employer or self-employed person proposes to use to discharge the employer or self-employed person’s workplace health and safety obligations for the activity; and 8 See section 100 (Meaning of “hazardous substance” for division). 9 AS/NZS 1873:1994 (Powder-actuated hand-held fastening tools) deﬁnes “powder-actuated hand-held fastening tool”.

s 7 14 s 7 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (d) the way the employer or self-employed person proposes to perform the activity, including how the control measures are to be implemented; and (e) how the effectiveness of the control measures will be monitored and reviewed; and Example of how the effectiveness of a control measure may be monitored — Before work starts each day, a competent person will check the shoring of a trench more than 1.5 m to ensure the trench will not collapse. (f) if the activity is to be performed in a prescribed occupation, the prescribed occupation. ‘ (2) Control measures mentioned in subsection (1)(c) are control measures directed at— (a) if the activity is a high risk construction activity because of section 57(1)(a)(i)—the trench collapsing; or (b) if the activity is a high risk construction activity because of section 57(1)(a)(ii)—an explosion; or (c) if the activity is a high risk construction activity because of section 57(1)(a)(iii)—working in the conﬁned space; or (d) if the activity is a high risk construction activity because of section 57(1)(a)(iv)—being exposed 10 to the substance; or (e) if the activity is a high risk construction activity because of section 57(1)(b)—falling; or (f) if the activity is a high risk construction activity because of section 57(1)(c)—falling; or (g) if the activity is a high risk construction activity because of section 57(1)(d)—hazards the principal contractor identiﬁes. ‘59 Meaning of “work method statement” for a prescribed activity that is demolition work ‘A “work method statement” , for a prescribed activity that is demolition work, 11 is a statement for the activity prepared by or under the 10 See schedule 9 (Dictionary) for meaning of “exposed”. 11 See schedule 5A (Prescribed activities).

s 7 15 s 7 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 direction of the holder of a certiﬁcate under section 29B 12 for the activity and stating— (a) that the activity is a prescribed activity that is demolition work; and (b) if the holder has an ABN, the ABN; and (c) the certiﬁcate number of the certiﬁcate under section 29B for performing the activity; and (d) the speciﬁc control measures the holder proposes to use to discharge the holder’s workplace health and safety obligations for the activity; and (e) the way the holder proposes to perform the activity, including how the control measures are to be implemented; and (f) how the effectiveness of the control measures will be monitored and reviewed; and (g) the arrangements for appropriate training under part 3A 13 of workers employed, or otherwise allowed, to perform the activity; and (h) the arrangements for supervision under part 3A of the performance of the activity by a competent person. ‘60 Work method statements may be generic ‘A work method statement for an activity mentioned in section 58 or 59 may be a generic work method statement prepared for workplaces where the activity is to be performed in the same way in the same or similar circumstances. 12 Section 29B (Certiﬁcate to perform prescribed activity) 13 Part 3A (Prescribed activities)

s 7 16 s 7 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘Division 2—Principal contractors ‘Subdivision 1—Construction workplace plans and work method statements for construction workplaces ‘61 Application of sdiv 1 ‘This subdivision applies to a principal contractor for a construction workplace. ‘62 Principal contractor must ensure construction workplace plan is prepared ‘ (1) The principal contractor must ensure a construction workplace plan for the workplace, complying with subsection (2), is prepared before construction work starts at the workplace. Maximum penalty—30 penalty units. ‘ (2) The construction workplace plan must be— (a) written in a way likely to be understood by the persons likely to do construction work at the workplace; and (b) signed and dated by the principal contractor. ‘63 Work method statements or amended work method statements to be kept with construction workplace plan ‘If the principal contractor is given a work method statement or amended work method statement for an activity to be performed at the workplace, the principal contractor must— (a) sign and date the statement; and (b) keep the statement with the construction workplace plan. Maximum penalty—30 penalty units.

s 7 17 s 7 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘64 Principal contractor must not allow work to start unless particular things have been done ‘ (1) The principal contractor must not allow an employer or self-employed person to start construction-type work at a construction workplace where there is no requirement for a site-speciﬁc induction, 14 unless the principal contractor, or someone acting for the principal contractor, has— (a) discussed the aspects of the current construction workplace plan relevant to the employer’s or self-employed person’s work with the employer or self-employed person; or (b) given the employer or self-employed person the current construction workplace plan for the workplace. Maximum penalty—30 penalty units. ‘ (2) The principal contractor must not allow an employer or self-employed person to start construction-type work at the workplace unless the current construction workplace plan— (a) is available for inspection at the workplace by anyone doing or about to do construction-type work at the workplace; or (b) is otherwise readily available for inspection, by anyone doing or about to do construction-type work at the workplace; Example of a plan readily available for inspection — A plan is available for inspection at an ofﬁce near the workplace. Maximum penalty—30 penalty units. ‘ (3) If an activity or proposed activity at the workplace is a high risk construction activity because the principal contractor concludes, under section 57(1)(d)(ii), 15 that the activity could result in death or bodily harm, the principal contractor must not allow an employer or self-employed person to start or continue construction-type work unless the principal contractor advises the employer or the self-employed person of the conclusion. Maximum penalty—30 penalty units. 14 For a principal contractor’s obligations at a construction workplace where a site-speciﬁc induction is required, see section 65K (Site speciﬁc induction to be given). 15 Section 57 (Meaning of high risk construction activity)

s 7 18 s 7 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘ (4) The principal contractor must not allow an employer or self-employed person to start, at the workplace, an activity for which a work method statement must be prepared unless the principal contractor has the statement. Maximum penalty—30 penalty units. ‘65 Principal contractor to monitor implementation of work method statement ‘The principal contractor must monitor the employer’s or self-employed person’s implementation of any work method statement required under this regulation to ensure the employer or self-employed person complies with the statement. Maximum penalty—30 penalty units. ‘65A Current construction workplace plan to be available for inspection ‘The principal contractor must ensure the current construction workplace plan for the workplace and the current work method statements for activities to be performed at the workplace held by the principal contractor— (a) are available for inspection at the workplace by anyone doing, or about to do, construction-type work at the workplace; or (b) are otherwise readily available for inspection by anyone doing, or about to do, construction-type work at the workplace. Example of a plan readily available for inspection — A plan is available for inspection at an ofﬁce near the workplace. Maximum penalty—30 penalty units. ‘65B Amendment of construction workplace plan ‘ (1) The principal contractor must ensure the construction workplace plan is amended if there is a change in the information mentioned in section 56(i) to (p). Maximum penalty—30 penalty units.

s 7 19 s 7 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘ (2) If the construction workplace plan is amended under subsection (1), the principal contractor must ensure each employer or self-employed person affected by the amendment is— (a) advised of the details of the amendment; or (b) given a copy of the amendment. Maximum penalty—30 penalty units. ‘Subdivision 2—Work method statements for a prescribed activity that is demolition work ‘65C Application of sdiv 2 ‘This subdivision applies if the principal contractor for a construction workplace— (a) is the holder of a certiﬁcate under section 29B for a prescribed activity that is demolition work; and (b) demolition work covered by the certiﬁcate is to be or is being performed at the workplace by an employer or self-employed person who does not hold a certiﬁcate under section 29B for the prescribed activity. ‘65D Work method statement to be prepared and given ‘ (1) The principal contractor must ensure that, before the activity starts, a statement that, under section 59, is a work method statement for the activity— (a) is prepared; and (b) complies with subsection (2); and (c) is copied, and the copy given to the employer or self-employed person who is to perform the work. Maximum penalty—30 penalty units. ‘ (2) The statement must— (a) take into account— (i) the construction workplace plan for the workplace; and

s 7 20 s 7 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (ii) the requirements of AS 2601; 16 and (iii) circumstances at the workplace that will, or are likely to, affect the way the activity is performed; and (b) be written in a way likely to be understood by the persons working, or about to work, at the workplace who are likely to be affected by the activity; and (c) be signed and dated by the principal contractor. ‘65E Activity must not be allowed to start unless particular things have been done ‘The principal contractor must not allow an employer or self-employed person to perform the activity unless— (a) the principal contractor, or someone acting for the principal contractor, has discussed the aspects of the current work method statement for the activity relevant to the employer’s or self-employed person’s work with the employer or self-employed person; and (b) the employer or self-employed person has satisﬁed the principal contractor, or the person acting for the principal contractor, that the employer or self-employed person understands and is able to comply with those aspects of the statement. Maximum penalty—30 penalty units. ‘65F Activity not to be performed unless in compliance with work method statement ‘The principal contractor must not allow an employer or a self-employed person to perform the activity unless the activity is performed in a way complying with the current work method statement for the activity. Maximum penalty—30 penalty units. 16 AS 2601:1991 (Demolition of structures )

s 7 21 s 7 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘65G Amendment of work method statement ‘ (1) The principal contractor must ensure the work method statement for the activity is amended if there is any change in the way the activity is to be performed. Example of change — A change in a control measure included in the statement or the insertion of a new control measure. Maximum penalty—30 penalty units. ‘ (2) If the statement is amended under subsection (1), the principal contractor must ensure that— (a) each employer or self-employed person performing the activity is given a copy of the amended statement; and (b) each person affected by the amendment is advised of the details of the amendment. Maximum penalty—30 penalty units. ‘65H Availability and review of work method statement ‘ (1) The principal contractor must ensure the current work method statement for the activity is available for inspection at the workplace, or at some other place that is readily accessible, by anyone affected or likely to be affected by the activity. Example of a place that is readily accessible — An ofﬁce near the workplace. Maximum penalty—30 penalty units. ‘ (2) The principal contractor must review, and if necessary amend, the statement 1 year after it is prepared and afterwards at intervals of not more than 1 year while the statement is required. Maximum penalty—30 penalty units.

s 7 22 s 7 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘Subdivision 3—Workplace health and safety inductions ‘65I Application of sdiv 3 ‘This subdivision applies to a principal contractor for a construction workplace. ‘65J Principal contractor must sight general induction evidence before work starts ‘The principal contractor must not, unless the principal contractor has sighted general induction evidence for the employer or self-employed person, allow an employer or self-employed person to start— (a) construction-type work; or (b) a prescribed activity that is the removal of asbestos materials. Maximum penalty—30 penalty units. ‘65K Site-speciﬁc induction to be given ‘ (1) This section does not apply to housing construction work. ‘ (2) The principal contractor must ensure a person has been given a site-speciﬁc induction for the workplace before allowing the person to start construction-type work. Maximum penalty—30 penalty units. ‘ (3) The principal contractor must ensure a person has been given a site-speciﬁc induction for the workplace before allowing the person to start a prescribed activity that is the removal of asbestos materials. Maximum penalty—30 penalty units. ‘ (4) The principal contractor must ensure a person entering a part of the workplace where construction-type work is being done— (a) has been given a site-speciﬁc induction for the workplace; or (b) is accompanied by the principal contractor or someone who has been given a site-speciﬁc induction for the workplace. Maximum penalty—30 penalty units.

s 7 23 s 7 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘ (5) The principal contractor must ensure that induction given to a person includes the following aspects of the construction workplace plan for the workplace— (a) whether there is a health and safety committee for the workplace; (b) if there is a workplace health and safety ofﬁcer appointed— (i) the ofﬁcer’s name and contact details; and (ii) a description of the ofﬁcer’s role; (c) the principal contractor’s estimate of how long the construction work will take; (d) how the principal contractor proposes to monitor and review the effectiveness of the control measures the principal contractor has implemented or will implement; (e) the site rules; (f) the emergency procedures for the workplace including the name and contact details of the ﬁrst aid ofﬁcer; (g) the plant provided for common use and directions about how it is to be used at the workplace. Maximum penalty—30 penalty units. ‘ (6) The principal contractor must ensure a record is made of— (a) the name of each person inducted; and (b) the date the induction was given. Maximum penalty—30 penalty units. ‘ (7) The principal contractor must keep the record made under subsection (6) for the duration of the construction work at the workplace. Maximum penalty—30 penalty units.

s 7 24 s 7 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘Division 3—Employers and self-employed persons ‘Subdivision 1—Work method statements ‘65L Application of sdiv 1 ‘ (1) This subdivision applies if— (a) an employer or self-employed person intends to perform or is performing a high risk construction activity at a construction workplace; or (b) an employer or self-employed person— (i) is the holder of a certiﬁcate under section 29B for a prescribed activity that is demolition work; and (ii) intends to perform or is performing demolition work that is covered by the certiﬁcate at a construction workplace. ‘ (2) This subdivision applies whether or not the principal contractor for the construction workplace is the holder of a certiﬁcate under section 29B for a prescribed activity that is demolition work. ‘65M Work method statement to be prepared and given ‘ (1) The employer or self-employed person must ensure that, before the activity starts, a statement that, under section 58 or 59, is a work method statement for the activity— (a) is prepared; and (b) complies with subsection (2); and (c) if the employer or self-employed person is not also the principal contractor for the workplace—is copied and the copy given to the principal contractor. Maximum penalty—30 penalty units. ‘ (2) The statement must— (a) take into account— (i) the current construction workplace plan for the workplace; and

s 7 25 s 7 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (ii) if the activity is demolition work—the requirements of AS 2601; 17 and (iii) circumstances at the workplace that will, or are likely to, affect the way the activity is performed; and (b) be written in a way likely to be understood by the persons working, or about to work, at the workplace who are likely to be affected by the activity; and (c) be signed and dated by the employer or self-employed person. ‘65N Activity must not be allowed to start unless particular things have been done ‘The employer must not allow a worker of the employer to perform the activity unless— (a) the employer, or someone acting for the employer, has discussed the aspects of the current work method statement for the activity relevant to the worker’s work with the worker; and (b) the worker has satisﬁed the employer, or the person acting for the employer, that the worker understands and is able to comply with those aspects of the statement. Maximum penalty—30 penalty units. ‘65O Activity not to be performed unless in compliance with work method statement ‘ (1) The employer must not allow a worker of the employer to perform the activity unless the activity is performed in a way complying with the current work method statement for the activity. Maximum penalty—30 penalty units. ‘ (2) The employer or self-employed person must not perform the activity unless the activity is performed in a way complying with the current work method statement for the activity. Maximum penalty—30 penalty units. 17 AS 2601:1991 ( Demolition of structures )

s 7 26 s 7 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘65P Amendment of work method statement ‘ (1) This section applies if there is a change in the way the activity is to be performed. Example of a change — A change in a control measure included in the statement or the insertion of a new control measure. ‘ (2) The employer or self-employed person must— (a) ensure a work method statement for the activity is amended as soon as possible after the change; and (b) if the employer or self-employed person is not also the principal contractor for the workplace—give the principal contractor a copy of the amended statement; and (c) ensure each person affected by the amendment is advised of the details of the amendment. Maximum penalty—30 penalty units. ‘65Q Availability and review of work method statement ‘ (1) The employer or self-employed person must ensure the current work method statement for the activity is available for inspection at the workplace, or at some other place that is readily accessible, by anyone affected or likely to be affected by the activity. Example of a place that is readily accessible — An ofﬁce near the workplace. Maximum penalty—30 penalty units. ‘ (2) The employer or self-employed person must review, and if necessary amend, the statement 1 year after it is prepared and afterwards at intervals of not more than 1 year while the statement is required. Maximum penalty—30 penalty units.

s 7 27 s 7 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘Subdivision 2—Workplace health and safety inductions ‘65R Application of sdiv 2 ‘This subdivision applies to an employer or self-employed person about to do construction-type work at a workplace. ‘65S Employer must ensure general induction evidence is held before work starts ‘ (1) The employer must not start the work unless the employer— (a) holds general induction evidence for the employer; and (b) if the employer intends to do construction-type work at a construction workplace and is not also the principal contractor—has shown the principal contractor the general induction evidence. Maximum penalty—30 penalty units. ‘ (2) The employer must not allow a worker of the employer to start work unless the employer has sighted general induction evidence for the worker. Maximum penalty—30 penalty units. ‘65T Self-employed person must hold general induction evidence before work starts ‘The self-employed person must not start the work unless the person— (a) holds general induction evidence for the self-employed person; and (b) if the self-employed person is to do construction-type work at a construction workplace and is not also the principal contractor—has shown the principal contractor the general induction evidence. Maximum penalty—30 penalty units.

s 7 28 s 7 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘Division 4—Workers ‘65U Worker must hold general induction evidence before work starts ‘ (1) This section applies in relation to a worker about to do construction-type work at a workplace. ‘ (2) The worker must not start work at the workplace unless the worker— (a) holds general induction evidence for the worker; and (b) has shown the employer of the worker the general induction evidence. Maximum penalty for subsection (2)—30 penalty units. ‘PART 8A—SAFE HOUSEKEEPING PRACTICES FOR CONSTRUCTION-TYPE WORK ‘Division 1—Principal contractors ‘65V What are safe housekeeping practices for a principal contractor ‘For the principal contractor for a construction workplace, 18 safe housekeeping practices at the workplace are— (a) ensuring that there is appropriate, safe and clear access to and from the workplace for anyone working or about to work at the workplace; and (b) erecting an adequate number of general safety signs at the workplace, having regard to the size and complexity of the workplace, and keeping the signs in good condition; and Examples of general safety signs — • signs indicating the direction to the site ofﬁce or site amenities 18 See the Act, section 14 (What is a “construction workplace”).

s 7 29 s 7 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 • signs indicating where ﬁrst aid equipment and facilities and ﬁre extinguishing equipment are kept • signs indicating that a means of access must be kept clear • signs indicating where hazardous substances are kept • signs indicating who the principal contractor is • signs indicating that head and foot protection must be worn • signs, at each point of entry to the workplace, indicating that unauthorised entry to the workplace is not allowed. (c) ensuring that there is a safe system for collecting, storing and disposing of excess or waste materials at the workplace; and (d) ensuring that there is enough area in which to safely store the materials or plant at the workplace used or to be used by the principal contractor or an employer, self-employed person or worker working at the workplace; and (e) to the extent not already included in paragraphs (a) to (d)—establishing and maintaining an orderly workplace environment to prevent or minimise a person’s exposure to risk that may result because of hazards at the workplace in relation to which the principal contractor owes a workplace health and safety obligation. ‘65W Principal contractor’s obligation about safe housekeeping practices ‘ (1) This section prescribes safeguards and safety measures for a principal contractor for a construction workplace. ‘ (2) For section 31(1)(d) 19 of the Act, the principal contractor must ensure that— (a) safe housekeeping practices are implemented at the workplace; and (b) the effectiveness of the practices is monitored and reviewed; and (c) the practices are kept up-to-date; and 19 The Act, section 31 (Obligations of principal contractors)

s 7 30 s 7 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (d) each employer or self-employed person doing work at the workplace is instructed to follow the practices to the extent they relate to the employer or self-employed person. ‘Division 2—Employers or self-employed persons ‘65X What are safe housekeeping practices for an employer or self-employed person ‘For an employer or self-employed person doing construction-type work at a workplace, safe housekeeping practices at the workplace are establishing and maintaining an orderly workplace environment, including, except to the extent of the obligations of a principal contractor at the workplace, the following— (a) ensuring that means of access are safe and clear; and (b) erecting general safety signs and keeping them in good condition; and (c) ensuring that there is a safe system for collecting, storing and disposing of excess or waste materials at the workplace; and (d) ensuring that there are safe storage areas for materials and plant; and (e) making safe protruding objects that are a hazard by, for example, bending over or removing exposed nails or placing a cap over vertical reinforcing steel. ‘65Y Employer’s or self-employed person’s obligation about safe housekeeping practices ‘ (1) An employer or self-employed person doing construction-type work at a workplace must ensure that— (a) safe housekeeping practices are implemented at the workplace; and (b) the effectiveness of the practices is monitored and reviewed; and (c) the practices are kept up-to-date. Maximum penalty—40 penalty units.

s 7 31 s 7 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘ (2) An employer mentioned in subsection (1) must ensure that each worker of the employer working at the workplace is instructed to follow the practices. 20 Maximum penalty—40 penalty units. ‘PART 8B—COMMON PLANT AT A CONSTRUCTION WORKPLACE ‘Division 1—Interpretation ‘65Z Deﬁnition for pt 8B ‘In this part— “common plant” , at a construction workplace, is plant 21 provided by the principal contractor for the workplace, for a purpose other than discharging a workplace health and safety obligation, for use by an employer, self-employed person or worker at the workplace. ‘Division 2—Principal contractors ‘65ZA Principal contractor’s obligations for common plant ‘ (1) This section prescribes safeguards and safety measures for a principal contractor for a construction workplace. ‘ (2) For section 31(1)(d) 22 of the Act, the principal contractor must— (a) ensure common plant at the workplace is safe for the purpose for which it is provided when it is provided; and (b) keep the common plant effectively maintained while it is provided; and 20 For workers’ obligations see the Act, section 36. 21 “Plant” is deﬁned in the Act, schedule 3 (Dictionary). 22 The Act, section 31 (Obligations of principal contractors)

s 8 32 s 8 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (c) if a provision of parts 17 to 20 imposes a requirement in relation to plant of the same type as the common plant, comply with the provision as if the provision applied to the principal contractor. ‘ (3) However, subsection (2)(c) does not apply to a requirement to provide plant or about how plant must be used. ‘Division 3—Employers or self-employed persons ‘65ZB How particular common plant must be used ‘ (1) This section applies if— (a) common plant at a construction workplace is of the same type as plant that is the subject of a requirement imposed under a provision of parts 17 to 20; and (b) the requirement is about how the plant must be used. ‘ (2) The employer or self-employed person for whose use the common plant was provided, or the employer of the worker for whose use the common plant was provided, must comply with the provision as if the provision applied to the employer or self-employed person or the employer of the worker. Maximum penalty—40 penalty units.’. 8 Insertion of new pt 11, divs 4–5 After section 75B— insert —

s 8 33 s 8 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘Division 4—Employers and self-employed persons ‘Subdivision 1—Work method statements ‘75C Meaning of “work method statement” for prescribed activity that is the removal of asbestos materials ‘A “work method statement” , for a prescribed activity that is the removal of asbestos materials, 23 is a statement prepared for the activity by, or under the direction of, a holder of a certiﬁcate under section 29B 24 and stating— (a) that the activity is a prescribed activity that is the removal of asbestos materials; and (b) if the holder has an ABN, the ABN; and (c) the certiﬁcate number of the certiﬁcate under section 29B for performing the activity; and (d) the speciﬁc control measures the holder proposes to use to discharge the holder’s workplace health and safety obligations for the activity; and (e) the way the holder proposes to perform the activity, including how the control measures are to be implemented; and (f) how the effectiveness of the control measures will be monitored and reviewed; and (g) the arrangements for appropriate training under part 3A 25 of workers employed or otherwise allowed to perform the activity; and (h) the arrangements for supervision under part 3A of the performance of the activity by a competent person. 23 Schedule 5A (Prescribed activities) 24 Section 29B (Certiﬁcate to perform prescribed activity) 25 Part 3A (Prescribed activities)

s 8 34 s 8 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘75D Work method statement may be generic ‘A work method statement for a prescribed activity that is the removal of asbestos materials may be a generic work method statement prepared for workplaces where the activity is to be performed in the same way in the same or similar circumstances. ‘75E Application of sdiv 1 ‘This subdivision applies to the holder of a certiﬁcate under section 29B for a prescribed activity that is the removal of asbestos materials who— (a) is an employer or self-employed person; and (b) intends to perform or is performing a prescribed activity that is the removal of asbestos materials at a workplace where construction-type work is being or is about to be done. ‘75F Work method statement must be prepared ‘ (1) The holder must ensure that, before the activity starts, a statement that, under section 75C, is a work method statement for the activity— (a) is prepared; and (b) complies with subsection (2); and (c) if the holder intends to perform the activity at a construction workplace and is not also the principal contractor for the workplace—is copied, and given to the principal contractor a copy of the statement. Maximum penalty—30 penalty units. ‘ (2) The statement must— (a) take into account— (i) if the activity is to be performed at a construction workplace—the construction workplace plan for the workplace; and (ii) circumstances at the workplace that will, or are likely to, affect the way the activity will be performed; and

s 8 35 s 8 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (b) be written in a way likely to be understood by the persons working, or about to work, at the workplace who are likely to be affected by the activity; and (c) be signed and dated by the holder. ‘75G Activity must not be allowed to start unless particular things have been done ‘If the holder is an employer, the holder must not allow a worker of the holder to perform the activity unless— (a) the holder, or someone acting for the holder, has discussed the aspects of the current work method statement for the activity relevant to the worker’s work with the worker; and (b) the worker has satisﬁed the holder, or someone acting for the holder, that the worker understands and is able to comply with those aspects of the statement. Maximum penalty—30 penalty units. ‘75H Activity not to be performed unless in compliance with work method statement ‘ (1) If the holder is an employer, the holder must not allow a worker of the holder to perform the activity unless the activity is performed in a way complying with the current work method statement for the activity. Maximum penalty—30 penalty units. ‘ (2) The holder must not perform the activity unless the activity is performed in a way complying with the current work method statement for the activity. Maximum penalty—30 penalty units. ‘75I Amendment of work method statement ‘ (1) This section applies if there is a change in the way the activity is to be performed. Example of change — A change in a control measure included in the statement or the insertion of a new control measure.

s 8 36 s 8 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 Maximum penalty—30 penalty units. ‘ (2) The holder must— (a) ensure the statement is amended as soon as possible after the change; and (b) if the workplace is a construction workplace and the holder is not also the principal contractor—give the principal contractor a copy of the amended statement; and (c) ensure that each person affected by the amendment is advised of the details of the amendment. Maximum penalty—30 penalty units. ‘75J Availability and review of work method statement ‘ (1) The holder must ensure the current work method statement for the activity is available for inspection at the workplace, or at some other place that is readily accessible, by anyone affected or likely to be affected by the activity. Example of a place that is readily accessible — An ofﬁce near the workplace. Maximum penalty—30 penalty units. ‘ (2) The holder must review, and if necessary amend, the statement 1 year after it is prepared and afterwards at intervals of not more than 1 year while the statement is required. Maximum penalty—30 penalty units. ‘Subdivision 2—Workplace health and safety inductions ‘75K General induction evidence must be held before work starts ‘ (1) This subdivision applies to a holder of a certiﬁcate under section 29B for a prescribed activity that is the removal of asbestos materials who— (a) is an employer or self-employed person; and (b) intends to perform a prescribed activity that is the removal of asbestos materials at a workplace.

s 9 37 s 9 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘ (2) The holder must not start the activity unless the holder— (a) holds general induction evidence for the holder; and (b) if the workplace is a construction workplace and the holder is not also the principal contractor—has shown the principal contractor the general induction evidence. Maximum penalty for subsection (2)—30 penalty units. ‘ (3) If the holder is an employer, the holder must not allow a worker of the holder to start the activity unless the holder has sighted general induction evidence for the worker. Maximum penalty—30 penalty units. ‘Division 5—Workers ‘75L Worker must hold general induction evidence before work starts ‘ (1) This section applies in relation to a worker about to perform a prescribed activity that is the removal of asbestos materials at a workplace. ‘ (2) The worker must not start the activity at the workplace unless the worker— (a) holds general induction evidence; and (b) has shown the employer of the worker the general induction evidence. Maximum penalty for subsection (2)—30 penalty units.’. 9 Renumbering of pt 17 and ss 167 and 168 (1) Part 17— renumber as part 22. (2) Sections 167 and 168— renumber as sections 229 and 230.

s 10 38 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 10 Insertion of new pts 17–20 After section 166— insert— ‘PART 17—EXCAVATIONS ‘Division 1—Interpretation ‘167 Deﬁnitions for pt 17 ‘In this part— “Australian Quality Training Framework” means the Australian Quality Training Framework developed under instructions from the Australian National Training Authority Ministerial Council. “caisson” means a structure that provides an underground passageway or a passageway through water. “cofferdam” means a temporary wall erected to exclude water from an area normally under water. “competent person” see section 168. “excavation” means a hole in the earth, or a face of earth, formed after rock, sand, soil or other material is removed. Example — • a trench, ditch, shaft, well, tunnel, pier hole, cutting, caisson or cofferdam • a hole drilled in the earth. “excavation work” means work to make, ﬁll or partly ﬁll an excavation. “geo-technical engineer” means a person who— (a) is a registered professional engineer under the ProfessionalEngineers Act 1988 ; and (b) holds a professional engineering qualiﬁcation relevant to geo-technology. “prescribed information” , about an underground service, means the information about the service necessary to safely do excavation work at or near the service, including— (a) the location of the service; and

s 10 39 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (b) the type of the service; and (c) the depth of the service; and (d) for an electrical service—whether the service is or is not live; and (e) the restrictions to be followed in doing the work. “trench” means an excavation where the maximum depth is more than the minimum width. “underground service” means a cable, pipe or other thing laid or installed underground for the transmission, transportation or storage of electricity or a substance. Examples — • underground electrical cables • underground gas pipelines • underground fuel tanks or pipes • underground water pipes • underground sewerage pipelines or services • underground stormwater pipes or services. ‘168 Meaning of “competent person” ‘ (1) For inspection, assessment and approval under section 178(4) on or before 31 December 2004, a “competent person” is a person who— (a) either— (i) has at least 3 years practical experience in trenching work, including the shoring of trenches, and a sound understanding of the technical principles involved in trenching work; or (ii) is a geo-technical engineer; and (b) has acquired, through training, qualiﬁcations or experience the knowledge and skills to do the work in a safe way, including— (i) sound knowledge of relevant Australian Standards and of advisory standards, industry codes of practice and other relevant legislation; and (ii) sound knowledge of, and competence in, the risk management process for trenching work, including—

s 10 40 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (A) hazard identiﬁcation and risk assessment for trenching work; and (B) measures to control exposure to risks from trenching work, including shoring systems; and (C) safe work practices and procedures for trenching work; and (D) how to plan and prepare for trenching work; and (E) how to identify the location of underground services; and (F) how to identify soil types and other factors that affect the safety of a trench. ‘ (2) For inspection, assessment and approval under section 178(4) on or after 1 January 2005, a “competent person” is a person who— (a) has at least 3 years experience in trenching work including the shoring of trenches; and (b) either— (i) is a geo-technical engineer; or (ii) holds a qualiﬁcation, or statement of attainment, from a registered training organisation registered under the Australian Quality Training Framework covering the knowledge and skills mentioned in subsection (1)(b). ‘Division 2—Principal contractors ‘169 Information about underground services ‘ (1) This section prescribes safeguards and safety measures for a principal contractor. ‘ (2) For section 31(1)(d) 26 of the Act, the principal contractor for a construction workplace at which excavation work is to be done must, before the work starts— 26 The Act, section 31(1)(d) (Obligations of principal contractors)

s 10 41 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (a) ﬁnd out from appropriate sources what underground services are at or near the location where the work is to be done that could create a risk if contacted or damaged; and (b) obtain prescribed information about each service from an appropriate source; and (c) give the information to each employer or self-employed person who is to do excavation work at or near the location of the service; and (d) ensure the information is recorded in writing. ‘ (3) The principal contractor must keep the information recorded until the work ends. ‘Division 3—Employers or self-employed persons ‘Subdivision 1—Ways to prevent or minimise risk prescribed ‘170 Ways to prevent or minimise risk prescribed ‘Subdivisions 2 to 5, other than section 175, prescribe ways of preventing or minimising exposure to the risk of death, illness or injury from excavation work or work in an excavation. ‘Subdivision 2—Risk from contact with underground services ‘171 Risk from contact with underground services at a construction workplace ‘ (1) This section applies if an employer or self-employed person intends to do excavation work at a construction workplace. ‘ (2) The employer or self-employed person must not start the work unless the principal contractor for the workplace has— (a) advised the employer or self-employed person to the effect that the principal contractor’s inquiries have shown that there are no underground services at or near the location where the work is to be done; or

s 10 42 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (b) given prescribed information about the underground services at the workplace to the employer or self-employed person. ‘ (3) The employer or self-employed person must— (a) ensure that information obtained under subsection (2) is considered in doing the work; and (b) ensure that any reasonable restrictions contained in the information and to be followed in doing the work are followed in doing the work; and (c) decide on and implement any control measures necessary to prevent a person’s exposure to the risk of death, illness or injury from contact with, or damage to, the service the information is about. ‘172 Risk from contact with underground services at a workplace other than a construction workplace ‘ (1) An employer or self-employed person who intends to do excavation work other than at a construction workplace must, before the work starts— (a) ﬁnd out from appropriate sources what underground services are at or near the location where the work is to be done that could create a risk if contacted or damaged; and (b) obtain prescribed information about each service from an appropriate source; and (c) ensure that the information is considered in planning the work; and (d) ensure that the information is recorded in writing. ‘ (2) The employer or self-employed person must— (a) ensure that information obtained under subsection (1) is considered in doing the work; and (b) ensure that any reasonable restrictions contained in the information and to be followed in doing the work are followed in doing the work; and (c) decide on and implement any control measures necessary to prevent a person’s exposure to the risk of death, illness or injury

s 10 43 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 from contact with, or damage to, the service the information is about; and (d) keep the information recorded until the work ends. ‘Subdivision 3—Work that could reduce the stability of structure or route ‘173 Before work that could reduce stability starts ‘ (1) This section applies if an employer or self-employed person intends to do excavation work that could reduce the stability of part or all of— (a) a building or other structure; or (b) a driveway, footpath, road, or other route. ‘ (2) The employer or self-employed person must, before the work starts, implement the control measures necessary to prevent a person’s exposure to the risk of death, illness or injury from the collapse of part or all of the structure or route. ‘174 Doing work that could reduce stability ‘ (1) This section applies if an employer or self-employed person is doing excavation work that could reduce the stability of part or all of— (a) a building or other structure; or (b) a driveway, footpath, road, or other route. ‘ (2) The employer or self-employed person must ensure that the work proceeds only if the employer or self-employed person has implemented the control measures necessary to prevent a person’s exposure to the risk of death, illness or injury from the collapse of part or all of the structure or route.

s 10 44 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘Subdivision 4—Risk from all excavations or from trench at least 1 m deep ‘175 Risk from all excavations ‘ (1) An employer or self-employed person who intends to do excavation work or to do work in an excavation must, before the work starts— (a) for each of the following possible events that are relevant to the work, identify each hazard associated with the event— (i) a person being trapped by the collapse of the excavation; (ii) a person being struck by an object falling into the excavation; (iii) a person falling into the excavation; (iv) a person inhaling, or otherwise being exposed to, carbon monoxide or another impurity of the air in the excavation; and Examples of hazards — • unstable rock or soil • underground water tables • a previous trench • machinery being moved near the excavation • vibration and fumes from vehicles or other plant in or near the excavation • buildings or other structures near the excavation • piles of excavated material beside the excavation. (b) assess the risk that may result because of the hazards; and (c) comply with subsection (2). Maximum penalty—40 penalty units. ‘ (2) The employer or self-employed person must implement any control measures, including the control measures required under subsection (3) or (4), necessary to prevent, or minimise the level of, exposure to the risk. Examples of control measures — • plant ﬁtted with suitable overhead protection against the collapse of the excavation • benching, battering or shoring the sides of the excavation

s 10 45 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 • a hoarding to prevent access by members of the public • a secure cover over the excavation • ﬁlling the excavation as soon as possible • ensuring that there is adequate ventilation to prevent exposure to carbon monoxide. ‘ (3) The control measures must include a barricade or hoarding at least 900 mm high erected to restrict access by members of the public to the excavation, unless— (a) the erection of the barricade or hoarding is impracticable; or (b) no member of the public is likely to be in the vicinity of the excavation. ‘ (4) If the work will involve a person entering a trench more than 1.5 m deep, the control measures speciﬁed in section 178 must be used to prevent risks to the person from the collapse of the trench. ‘176 Risk from trench at least 1 m deep ‘ (1) This section applies if an employer or self-employed person— (a) is doing work that involves a trench at least 1 m deep; and (b) is not already required to erect a barricade under section 175(3). ‘ (2) The employer or self-employed person must erect a barricade at least 900 mm high to restrict access by a person to the trench unless— (a) the erection of the barricade is impracticable; or (b) the only persons likely to be in the vicinity of the trench are persons involved with the trench. ‘ (3) However, the employer or self-employed person need not erect a barricade around a part of the trench if there already is a barrier beside the part of the trench that restricts access to the trench. Examples of a barrier — A permanent fence, wall or pile of excavated material.

s 10 46 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘Subdivision 5—Risk from trench more than 1.5 m deep ‘177 Application of sdiv 5 ‘This subdivision applies if an employer or self-employed person intends to do work that will involve a person entering a trench more than 1.5 m deep. ‘178 Particular control measures ‘ (1) The employer or self-employed person must use at least 1 of the following control measures as a control measure under section 175(2) to prevent risk to the person from the collapse of the trench— (a) shoring all sides of the trench by shielding or in another way; (b) benching all sides of the trench; (c) battering all sides of the trench; (d) having a geo-technical engineer— (i) approve in writing all sides of the trench as safe from collapse; and (ii) state in writing how long the approval lasts if there is no stated natural occurrence that could affect adversely the stability of the trench; and (iii) state in writing the natural occurrences that could affect adversely the stability of the trench. ‘ (2) However, the employer or self-employed person may use a combination of the control measures mentioned in subsection (1) if all sides of the trench are dealt with. ‘ (3) If shoring is used and it is commercially manufactured shielding, it must be— (a) designed by an engineer for the purpose for which the employer or self-employed person intends to use it; and (b) erected in accordance with the instructions, if any, of its manufacturer or supplier.

s 10 47 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘ (4) Sheeting or timber may only be used to shore the trench if a competent person has inspected the trench, assessed the shoring and approved the use of the shoring. ‘ (5) Each bench cut into the side of the trench must be no higher than it is wide, unless a geo-technical engineer has approved a greater height in writing. ‘ (6) The angle of each batter in the trench must not be more than 45º from the horizontal, unless a geo-technical engineer has approved a greater angle in writing. ‘ (7) The employer or self-employed person must ensure no vertical face of the side of a benched or battered trench is higher than 1.5 m unless a geo-technical engineer has approved a greater height in writing. ‘179 Access to trench by ladders ‘If access to and from the trench is by ladders, the employer or self-employed person must ensure that at least 1 ladder giving access to and from the trench is installed in every 9 m of the length of the trench in the part of the trench where the person will be. ‘180 Events in a trench that is not shored, benched or battered ‘ (1) This section applies if— (a) the trench is not shored, benched or battered; and (b) something happens that could affect the stability of the trench or place the safety of a person at risk because of the trench. Examples of things that may happen that could affect the stability of the trench — • water seeping from a side, or the base, of the trench • subsidence happening beside the trench • cracks appearing near, and parallel to, the edge of the trench • excavated or other material is being piled beside the trench. ‘ (2) The employer or self-employed person must ensure that work in the trench stops immediately and does not restart, other than work to shore, bench or batter the trench, until— (a) a geo-technical engineer has inspected the trench and approved, in writing, the trench as safe to enter; or

s 10 48 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (b) all sides of the trench have been— (i) shored by shielding or another way; or (ii) benched; or (iii) battered. ‘ (3) However, the employer or self-employed person may use a combination of the methods mentioned in subsection (2)(b) if all sides of the trench are dealt with. ‘PART 18—CONSTRUCTION-TYPE WORK WHERE THERE IS A RISK A PERSON COULD FALL ‘Division 1—Interpretation ‘181 Deﬁnitions for pt 18 ‘In this part— “anchorage point” means a device or thing by which a lanyard, static line or other line may be attached to a building or other structure and includes the part of the building or structure to which the device or thing is attached. Examples — • a stainless steel eyebolt, set in a concrete ﬂoor, to which a lanyard may be attached • a sling around a steel I beam, with padding under the sling, joined by a shackle or other joining device to which a lanyard may be attached • a plate for a travel restraint system ﬁxed by screws to a roof component to which a lanyard may be attached. “competent person” , in relation to performing an inspection or other task for a control measure, means a person who has acquired, through training, qualiﬁcations or experience the knowledge and skills to do the task in a safe way, including knowledge of relevant— (a) Australian Standards; and (b) industry standards; and

s 10 49 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (c) advisory standards, industry codes of practice and other legislation. “edge protection” means a barrier to prevent a person falling erected along the edge of— (a) a building or other structure; or (b) an opening in a surface of a building or other structure; or (c) a raised platform. “fall-arrest harness system” means a system that— (a) is designed to arrest the fall of a person using it and prevent or minimise the risk of injury to the person as the fall is arrested; and (b) consists of a harness attached to— (i) a device to absorb the energy of the falling person attached to a lanyard that is attached to a static line or anchorage point; or (ii) a line that— (A) has a device that automatically locks the line, and absorbs the energy of the falling person; and (B) is attached to a static line or anchorage point; or (iii) a lanyard that— (A) has a device that travels along a line or rail, automatically locks onto the line or rail, and absorbs the energy of the falling person; and (B) is attached to a static line or anchorage point. “fall protection cover” means a structure that— (a) is placed over an opening in a surface of a building or other structure to prevent a person falling through the opening; and (b) consists of solid sheets of sturdy material, for example, timber, plywood, metal or mesh. “free fall” , for a fall-arrest harness system, means a fall in which the distance a person using the system falls vertically before the system starts to take loading is more than 600 mm but not more than 2 m.

s 10 50 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 “ladder” does not include a ﬁxed ladder. “limited free fall” , for a fall-arrest harness system, means a fall in which the distance a person using the system falls vertically before the system starts to take loading is not more than 600 mm. “permitted work” , in relation to work involving a ladder, means work in which— (a) the weight, size or shape of any equipment or material the person using the ladder is carrying is not likely to— (i) restrict the person’s movement while the person is climbing or descending the ladder; or (ii) cause the person to lose balance on the ladder while doing the work; and (b) the person’s trunk is approximately centred over the centre of the space between the vertical sides of the ladder from when the person is fully on the ladder to when the person is leaving the ladder; and (c) any equipment being used by the person can be operated using 1 hand unless a control measure designed to support the person’s body is being worn or used. Example of a control measure — A strap, commonly known as a pole strap, that ﬁts around a pole and is attached to a harness worn by the person. “platform” includes 1 or more planks each of which is at least 225 mm wide, but does not include a rung of a ladder. “static line” means a ﬂexible line, to which a lanyard is attached, supported by at least 2 anchorage points located so that the angle between the horizontal and an imaginary straight line between any anchorage point and the other or nearest anchorage point is— (a) if the manufacturer of the ﬂexible line has speciﬁed the size of the angle—not more than the size speciﬁed; or (b) if the manufacturer has not speciﬁed the size of the angle—not more than 5º. “surface” includes a rung of a ladder, timber beam or anything else that may support a person’s body.

s 10 51 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 “toe board” for a platform or other surface means an upright timber or metal board securely ﬁxed in place at an edge of the surface. “travel restraint system” means a system that— (a) consists of a harness or belt, attached to 1 or more lanyards, each of which is attached to a static line or anchorage point; and (b) is designed to restrict the travelling range of a person wearing the harness or belt so that the person can not get into a position where the person could fall off an edge of a surface or through a surface. ‘Division 2—Ways for employers and self-employed persons to prevent or minimise risk prescribed ‘182 Ways to prevent or minimise risk prescribed ‘Divisions 3 to 7, other than the following sections, prescribe ways for employers and self-employed persons to prevent or minimise exposure to the risk of death or injury from falling— • section 183 • section 191(2) • section 193(2) • section 196. ‘Division 3—Risk of fall in particular circumstances ‘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 ‘ (1) This section applies to construction-type work— (a) where there is a risk a person could fall— (i) in doing housing construction work—less than 3 m; or (ii) in doing other work—less than 2.4 m; or (b) on a roof with a pitch of not more than 26º.

s 10 52 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘ (2) However, this section does not apply to work where a person could fall from— (a) a ladder; or (b) a platform supported by trestle ladders; or (c) scaffolding which the person is erecting or dismantling; 27 or (d) an area near a ladder that the person needs to use to get on or off the ladder. ‘ (3) An employer or self-employed person who intends to do work to which this section applies must, before the work starts— (a) ensure that each hazard that may result in a fall or cause death or injury if the person were to fall is identiﬁed; and Examples of hazards — • vertical reinforcing steel, or the edge of a rubbish skip, 1 m below a surface from which the work is to be done • unsheeted ﬂoor bearers and joists 2 m below a surface from which the work is to be done • an object, for example a picket fence or stack of bricks, that could cause injury if the person fell on it 2 m below, or nearly below, a surface from which the work is to be done • a brittle roof on which the work is to be done 2 m above a ﬂoor. (b) ensure that the risk of death or injury that may result because of the hazard is assessed; and (c) ensure that any control measures necessary to prevent, or minimise the level of, exposure to the risk are implemented. 28 Maximum penalty—40 penalty units. ‘ (4) However, if a control measure mentioned in division 4 is implemented, the control measure, and the use of the control measure, must comply with division 4. 27 See Divisions 5 (Ladders), 6 (Platforms supported by trestle ladders) and 7 (Scaffolding). 28 See also Division 4 (Requirements about particular control measures).

s 10 65 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (a) if the work is light work—at least 225 mm wide along the length of the platform; or (b) if the work is not light work—at least 450 mm wide along the length of the platform. ‘ (3) If the work is housing construction work and a person doing the work could fall at least 3 m from the platform, the employer or self-employed person must ensure— (a) the platform has an unobstructed surface at least 450 mm wide along the length of the platform; and (b) the platform is not higher than 5 m. ‘ (4) If the work is not housing construction work and a person doing the work could fall less than 2.4 m from the platform, the employer or self-employed person must ensure that the platform has an unobstructed surface— (a) if the work is light work—at least 225 mm wide along the length of the platform; or (b) if the work is not light work—at least 450 mm wide along the length of the platform. ‘ (5) If the work is not housing construction work and a person doing the work could fall at least 2.4 m from the platform, the employer or self-employed person must ensure that— (a) the platform has an unobstructed surface at least 450 mm wide along the length of the platform; and (b) the platform is not higher than 5 m. ‘Division 7—Scaffolding ‘195 Application of div 7 ‘This division applies to the performance by an employer or self-employed person of construction work that is the erecting or dismantling of scaffolding.

s 10 66 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘196 Duties before starting to erect or dismantle ‘The employer or self-employed person must, before the work starts— (a) ensure that each hazard that may result in a fall by the person who is to use the scaffolding, or cause death or injury if the person who is to use the scaffolding were to fall from the scaffolding, is identiﬁed; and (b) ensure that the risk of death or injury that may result because of the hazard is assessed; and (c) ensure that any control measures required to prevent, or minimise the level of, exposure to the risk are implemented. Maximum penalty—40 penalty units. ‘197 Erecting scaffolding ‘ (1) The employer or self-employed person must not erect, or allow a worker of the employer to erect, the scaffolding if— (a) the erection of the scaffolding is housing construction work and a person could fall at least 3 m in erecting the scaffolding; or (b) the erection of the scaffolding is not housing construction work and a person could fall at least 2.4 m in erecting the scaffolding. ‘ (2) However, subsection (1) does not apply if— (a) the person erecting the scaffolding— (i) is prevented from falling from the scaffolding by a control measure; or (ii) is using a fall-arrest harness system; or (b) subsection (3) is complied with. ‘ (3) This subsection is complied with if— (a) each of the following things is installed immediately after enough components of the scaffolding have been erected to support the thing— (i) a platform at least 450 mm wide along the full length of the section of scaffolding, designed to support the platform, at the level the scaffolding has reached; and

s 10 67 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (ii) edge protection across the space between the uprights forming the outer frame of the scaffolding at the level the scaffolding has reached; and (iii) a means of access to the level the scaffolding has reached; and Example of a means of access — Temporary stairs or a ladder. (b) before the next level of the scaffolding is erected, a platform is installed below the level at a distance of not more than— (i) if the erection of the scaffolding is housing construction work—3 m; or (ii) otherwise—2.4 m. ‘ (4) A platform under subsection (3)(b) must cover the full length and width of the section of scaffolding designed to support the platform at the level at which it is installed, other than a part of the section required to raise planks or other components of the scaffolding between levels. ‘ (5) Subsection (3)— (a) does not require a platform to be installed on the bottom level of the scaffolding; and (b) does not stop the employer or self-employed person removing a platform after the employer or self-employed person has started work 2 levels above the level from which the platform is to be removed. ‘198 Dismantling scaffolding ‘ (1) The employer or self-employed person must not dismantle, or allow a worker of the employer to dismantle, the scaffolding if— (a) the dismantling of the scaffolding is housing construction work and a person could fall at least 3 m in dismantling the scaffolding; or (b) the dismantling of the scaffolding is not housing construction work and a person could fall at least 2.4 m in dismantling the scaffolding. ‘ (2) However, subsection (1) does not apply if—

s 10 68 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (a) the person dismantling the scaffolding is— (i) prevented from falling from the scaffolding by a control measure; or (ii) using a fall-arrest harness system; or (b) each of the following is complied with— (i) any edge protection for the scaffolding and any means of access to the level that the dismantling has reached are kept in place while it is practicable to do so; and (ii) there is in place while it is practicable a platform at least 450 mm wide at the level the dismantling has reached; and (iii) there is in place a platform at a level (the “lower level” ) below the level the dismantling has reached at a distance of not more than— (A) if the dismantling of the scaffolding is housing construction work—3 m; or (B) otherwise—2.4 m. ‘ (3) The platform required under subsection (2)(b)(iii) must cover the full length and width of the section of scaffolding designed to support the platform at the lower level, other than a part of the section required to lower planks or other components of the scaffolding between levels. ‘PART 19—OBJECTS THAT COULD FALL ON OR OTHERWISE HIT MEMBERS OF THE PUBLIC ‘Division 1—Interpretation ‘199 Deﬁnitions for pt 19 ‘In this part— “catch platform” means a platform designed to provide overhead protection to members of the public by catching falling objects. “gantry” means a structure that has—

s 10 69 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (a) an overhead platform; and (b) a hoarding, at least 1800 mm high and fully sheeted with timber, plywood, metal or sturdy synthetic sheets, running along its length. “object” includes material. “overhead platform” means a platform designed to provide overhead protection to members of the public against falling objects. “perimeter containment screening” means a screen designed to stop objects falling from a level of a building onto members of the public— (a) that is made of steel mesh with openings of no more than 1500 mm 2 ; and (b) the mesh of which is made of at least 2.5 mm gauge steel. “vertical containment sheeting” means timber, plywood or metal sheeting, or sturdy mesh, ﬁtted vertically to the top of, or ﬂush with, the outer edge of a catch platform to redirect a falling object onto the catch platform. ‘Division 2—Demolition work and particular other work ‘200 Ways to prevent or minimise risk prescribed ‘This division prescribes ways of preventing or minimising exposure to the risk of death or injury to members of the public from being hit by an object in an adjoining area during work to which this division applies. ‘201 Work to which this division applies and who obligations apply to ‘ (1) This division applies to work at a workplace that is— (a) work during which an object could fall on or otherwise hit members of the public in an adjoining area to the workplace; and Common examples of adjoining areas where the public could be hit by falling objects — • a public footpath, road or square beside a workplace • the yard of a dwelling or other building beside a workplace.

s 10 70 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 Examples of objects that could fall — • parts of a building or other structure being built or demolished • walls being demolished • materials stored or stacked at the workplace • construction material • waste material • debris • plant • tools • scaffolding components • pre-cast panels. (b) either— (i) demolition work or building work, other than housing construction work; or (ii) work done by an employer or self-employed person that is not housing construction work or building work, but that would be building work if its estimated ﬁnal price were more than the amount provided for in the deﬁnition “building work” in schedule 3 of the Act. ‘ (2) An obligation imposed under this division on a principal contractor, employer or self-employed person applies to— (a) the principal contractor, if the workplace is a construction workplace; or (b) the employer or self-employed person, if the workplace is not a construction workplace. ‘202 Signs ‘The principal contractor, employer or self-employed person, must, before the work starts, erect enough signs to adequately indicate to members of the public using the adjoining area— (a) the nature of the workplace; and (b) that unauthorised entry to the workplace is not allowed; and (c) that they are not to use the adjoining area in stated circumstances.

s 10 71 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 Example of what signs must state — • ‘Construction site. No unauthorised entry.’ • ‘Do not proceed if light is ﬂashing. Load is being lifted onto site.’ ‘203 Control measures depending on height of building or other structure ‘ (1) If the work involves a building or other structure, the principal contractor, employer or self-employed person must— (a) decide the line (the “proposed line” ) along which any barricade or hoarding required under subsection (2) is to be erected; and (b) measure the angle to the horizontal formed by an imaginary straight line drawn between— (i) the highest point at which work is being done on the building or other structure involved in the work during which an object could fall on or otherwise hit members of the public in the adjoining area; and (ii) the point on the ground, along the proposed line, that is closest to the highest point. ‘ (2) Before work starts, the principal contractor, employer or self-employed person must— (a) if the measured angle is not more than 15º—ensure that a barricade or hoarding at least 900 mm high, that surrounds the building or other structure, is erected along the proposed line; or (b) if the measured angle is more than 15º but not more than 30º—ensure that a hoarding at least 1 800 mm high is erected along the proposed line; or (c) if the measured angle is more than 30º but less than 75º—ensure that a hoarding at least 1 800 mm high that is fully sheeted with timber, plywood, metal or sturdy synthetic sheets is erected along the proposed line; or (d) if the measured angle is 75º or more— (i) ensure that a hoarding at least 1800 mm high that is fully sheeted with timber, plywood, metal or sturdy synthetic sheets and that is not part of a gantry is erected along the proposed line; or

s 10 72 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (ii) ensure that a gantry is erected under section 204(2)(a). ‘ (3) A hoarding under subsection (2)(b) to (d) must be erected adjacent to the sides of each part of the building or other structure from which an object could fall on or otherwise hit members of the public in the adjoining area during the work. ‘(4) If subsection (2) or (3) does not require part of the building or other structure to have a hoarding erected adjacent to the side of the part, the principal contractor, employer or self-employed person must ensure that a barricade or hoarding at least 900 mm high is erected along the proposed line adjacent to the sides of the part of the building or other structure. ‘ (5) A hoarding under subsection (2)(c) or (d)— (a) must be able to withstand a horizontal force of— (i) 500 N per square metre applied over 1 m 2 at the top of the hoarding midway between any post and its nearest post without deforming permanently; and (ii) 950 N applied over 1 500 mm 2 at any point on the hoarding without fully penetrating the hoarding; and (b) may have gaps to minimise wind resistance, if the gaps are no larger than are reasonably necessary; and (c) if it is part of a gantry—must extend to the gantry’s overhead platform. ‘ (6) A hoarding under subsection (2) must— (a) prevent an object that may reasonably be expected to hit it from entering the adjoining area; and (b) be strong enough, and appropriately designed and erected, for the circumstances in which it is used, including the location of the workplace and the type of work to be carried out near the hoarding. ‘204 Additional control measures if measured angle is 75 º or more ‘ (1) This section applies if the angle measured under section 203(1)(b) is 75º or more.

s 10 73 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘ (2) The principal contractor, employer or self-employed person must ensure that at least 1 of the following control measures is implemented before work to which this division applies starts— (a) a gantry 32 is erected along the proposed line adjacent to the sides of each part of the building or other structure from which an object could fall on or otherwise hit members of the public in the adjoining area during the work; (b) the adjoining area is closed under section 209 at least to the extent necessary to prevent objects falling on or otherwise hitting members of the public in the adjoining area; (c) a catch platform 33 with vertical containment sheeting or perimeter containment screening is installed— (i) along the sides of each part of the building or other structure from which an object could fall on members of the public in the adjoining area during the work; and (ii) not more than 1 m below— (A) the storey of the building or other structure from which an object could fall on members of the public in the adjoining area during the work; or (B) if the structure does not have storeys—the surface from which an object could fall on members of the public in the adjoining area during the work. ‘ (3) However, at least 1 of the control measures mentioned in subsection (2)(a) or (b) must be used if the work involves demolishing a building or other structure and part or all of the structure could fall on or otherwise hit members of the public in the adjoining area during the work. ‘205 Additional control measures for demolition work or work erecting or dismantling formwork ‘ (1) This section applies to work to which this division applies only if the work is demolition work, or work erecting or dismantling formwork, on or for a building. 32 See also section 207 (Gantry). 33 See also section 206 (Catch platform).

s 10 74 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘ (2) The principal contractor, employer or self-employed person must ensure that perimeter containment screening is erected along each part of the building from which an object could fall on members of the public in the adjoining area during the work. ‘ (3) However, subsection (2) does not apply if a catch platform with perimeter containment screening is installed under section 204(2)(c). ‘ (4) The perimeter containment screening must prevent an object that may reasonably be expected to hit it from falling from the level on which work is being done. ‘ (5) If the principal contractor, employer or self-employed person installs, extends or reduces the perimeter containment screening, the principal contractor, employer or self-employed person must implement control measures to prevent a component of the screening falling on members of the public in the adjoining area while the screening is being installed, extended or reduced. ‘ (6) In this section— “formwork” includes a structure installed to support formwork. ‘206 Catch platform ‘If the principal contractor, employer or self-employed person installs, extends or reduces a catch platform used or to be used under section 204(2)(c), the principal contractor, employer or self-employed person must implement control measures to prevent a component of the platform falling on members of the public in the adjoining area while the platform is being installed, extended or reduced. ‘207 Gantry ‘ (1) A gantry implemented as a control measure under section 204(2)(a) must be designed by an engineer to withstand a downwards force of at least— (a) if light work, or work other than light work at a height of not more than 10 m above the ground, is to be done—5 kPa per m 2 applied on its overhead platform; or

s 10 75 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (b) if work, other than light work, at a height of more than 10 m above the ground is to be done—10 kPa per m 2 applied on its overhead platform. ‘ (2) The gantry must— (a) be able to stop an object that may reasonably be expected to fall on it from falling on members of the public in the adjoining area; and (b) have an overhead platform that is secured to prevent it lifting or coming apart; and (c) have solid sheeting erected along the outer edge of its overhead platform to at least the higher of— (i) 900 mm above the platform; and (ii) the height of any object stored on the platform; and (d) if it is used to store materials or has a shed erected on it—be designed by an engineer to take the additional load involved; and (e) be able to stop water or dust falling on members of the public in the adjoining area; and (f) have natural or other lighting of at least 50 lux illuminating all of the area below it; and (g) not tip over or rotate if a force that could reasonably be expected to be applied to it is applied to it. Example of a force mentioned in paragraph (g) — The force of a truck backing into the gantry. ‘208 Load lifted over adjoining area ‘ (1) This section applies if the principal contractor, employer or self-employed person intends to do work that is lifting a load over the adjoining area. ‘ (2) The principal contractor, employer or self-employed person must— (a) close the adjoining area under section 209 at least to the extent necessary to prevent objects falling on or otherwise hitting members of the public in the adjoining area; or

s 10 76 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (b) erect a gantry that provides adequate protection to members of the public in the adjoining area against falling objects if the load were to fall. ‘ (3) Without limiting subsection (2)(b) the gantry must at least comply with section 207. Example — If a pallet of scaffolding components is to be lifted over an adjoining area, the downwards force that the gantry’s overhead platform must be able to withstand is not only 10 kPa as speciﬁed under section 207 but also the greater force that would be applied by the pallet and components if they were to fall. ‘209 Closure of part or all of adjoining area ‘ (1) This section applies if, as a control measure under this division, the principal contractor, employer or self-employed person wants to stop members of the public being in part or all of the adjoining area. ‘ (2) The principal contractor, employer or self-employed person must, before work to which this division applies starts— (a) obtain written approval to close the area from the authority or other person who controls the area; and Examples of an authority — • a local government • the Department of Main Roads • the Queensland Police Service. (b) if an authority controls the area, implement any measures for the closure required by the authority. Examples of measures for the closure — • physical barriers to prevent use of a footpath or road • signs about the closure • signs directing pedestrians to use another footpath • trafﬁc controllers to direct pedestrians or other trafﬁc.

s 10 77 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘Division 3—Housing construction work or the type of work that is civil construction work ‘210 Work to which this division applies ‘This division applies to work at a workplace that is— (a) work in which an object could fall on or otherwise hit members of the public in an adjoining area to the workplace during the work; and (b) either— (i) housing construction work, if the workplace is a construction workplace; or (ii) housing construction work done by an employer or self-employed person, if the workplace is not a construction workplace; or (iii) civil construction work to be done at a construction workplace; or (iv) work that is not civil construction work but that would be civil construction work if its estimated ﬁnal price were more than the amount provided for in the deﬁnition “civil construction work” in schedule 3 of the Act. ‘211 Risk assessment and control measures ‘ (1) An obligation imposed under this section on a principal contractor, employer or self-employed person applies to— (a) the principal contractor, if the workplace is a construction workplace; or (b) the employer or self-employed person, if the workplace is not a construction workplace. ‘ (2) The principal contractor, employer or self-employed person must, before work to which this division applies starts— (a) assess the risk of death or injury to members of the public that may result from objects that could fall on or otherwise hit members of the public in the adjoining area during the work; and

s 10 78 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (b) decide on and implement control measures to prevent, or minimise the level of, exposure to the risk. Example of control measures —— • a sign stating ‘Construction site. No unauthorised entry.’ • an 1 800 mm chain wire barricade, or an 1800 mm hoarding, for work done beside a footpath near a school • a gantry for work involving a multiple level domestic house that is beside a footpath • perimeter containment screening • a catch platform • a catch net • closure of the adjoining area to members of the public • a trafﬁc control device • a road diversion • a detour • trafﬁc controllers to direct pedestrians or other trafﬁc • working outside normal hours. Maximum penalty—40 penalty units. ‘ (3) However— (a) a control measure that is a hoarding must comply with the requirements for a hoarding under section 203(6)(a) and (b); and (b) a control measure that is a gantry must comply with the requirements for a gantry under section 207; and (c) a control measure that is a closure of the adjoining area must be implemented in compliance with the requirements for a closure under section 209; and (d) a control measure that is perimeter containment screening must be in compliance with requirements for perimeter containment screening under section 205(2) to (4). ‘ (4) Subsection (5) applies if the principal contractor, employer or self-employed person installs, extends or reduces a catch platform or perimeter containment screening used or to be used under this division. ‘ (5) The principal contractor, employer or self-employed person must implement control measures to prevent a component of the platform or

s 10 79 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 screening falling on members of the public in the adjoining area while the platform or screening is being installed, extended or reduced. Maximum penalty—40 penalty units. ‘PART 20—GENERAL PROVISIONS FOR PTS 17–19 ‘212 Control measure to be in place and monitored and reviewed ‘ (1) This section applies if— (a) a provision (the “original provision” ) of part 17, 18 or 19 requires a principal contractor, employer or self-employed person to implement a control measure for a risk before particular work starts; and (b) a control measure (an “original control measure” ) is implemented in accordance with the original provision. ‘ (2) The principal contractor, employer or self-employed person must ensure that, while the risk exists— (a) the original control measure is kept in place; or (b) a different control measure necessary to prevent, or minimise the level of, exposure to the risk is implemented and kept in place. Maximum penalty—40 penalty units. ‘ (3) If the original control measure was chosen from a number of control measures that were available under this regulation to be implemented for the risk ( “available control measures” ), the different control measure implemented under subsection (2)(b) must be chosen from the available control measures. ‘ (4) If the original control measure is the only control measure that was available under this regulation to be implemented for the risk, a different control measure must not be implemented under subsection (2)(b). ‘ (5) The principal contractor, employer or self-employed person must monitor and review the effectiveness of the original control measure or a different control measure implemented under subsection (2)(b). Maximum penalty—40 penalty units.

s 10 80 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 ‘ (6) Subsection (5) does not require the principal contractor, employer or self-employed person to monitor and review the effectiveness of— (a) the original control measure, if the original control measure— (i) was chosen from available control measures; or (ii) is the only control measure that was available under this regulation to be implemented for the risk; or (b) a different control measure implemented under subsection (2)(b), if the original control measure was chosen from available control measures. ‘213 Plant not to be used as a control measure unless it has been maintained ‘ (1) The principal contractor for a construction workplace must not use, or allow a person to use, plant provided by the principal contractor as a control measure under this part or part 17, 18 or 19 unless the plant has been maintained to ensure that it remains effective. Maximum penalty—40 penalty units. ‘ (2) An employer or self-employed person must not use, and an employer must not allow a worker of the employer to use, plant provided by the employer or self-employed person as a control measure under this part or part 17, 18 or 19 unless the plant has been maintained to ensure that it remains effective. Maximum penalty—40 penalty units. ‘ (3) Subsections (1) and (2) do not affect the requirement about the maintenance of an industrial safety net under section 189(5). 34 ‘214 Plant erected or installed after work starts ‘ (1) This section applies if— (a) part 17, 18 or 19 requires a principal contractor, employer or self-employed person to implement control measures before particular work starts; and 34 Section 189 (Industrial safety net)

s 10 81 s 10 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (b) a provision of the part imposes a requirement in relation to an item of plant if it is used as a control measure; and Example of a provision — A provision about the design, speciﬁcations, inspection, maintenance or use of the plant. (c) the principal contractor, employer or self-employed person erects or installs plant of the same type at a later time. ‘ (2) The principal contractor, employer or self-employed person must comply with the provision as if the plant were to be erected or installed before the work started. Maximum penalty—40 penalty units. ‘215 Written evidence from engineer or competent person may be relied on ‘ (1) This section applies if a provision of this part or part 17, 18 or 19 imposes a requirement on a principal contractor, employer or self-employed person in relation to an item of plant. ‘ (2) If compliance with the requirement requires an engineer or competent person to have performed a task in relation to the plant, the principal contractor, employer or self-employed person may comply with the requirement by obtaining a document in original or copy form purporting to be by an engineer or competent person evidencing that the task has been performed by the engineer or competent person. ‘ (3) If the requirement is about the ability of the plant or a component of the plant to withstand a particular force or bear a particular load, the principal contractor or employer or self-employed person may comply with the requirement by obtaining a document in original or copy form purporting to be by an engineer evidencing that the plant or component can withstand the force or bear the load. ‘ (4) Subsections (2) and (3) do not permit reliance on a document the principal contractor, employer or self-employed person knows or suspects to be false, or misleading, in a material particular.’.

s 11 82 s 12 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 11 Insertion of new pt 23 After section 230, as renumbered— insert— ‘PART 23—TRANSITIONAL PROVISIONS ‘231 Transitional provision for pc’s workplace plan and pc’s demolition work plan ‘ (1) If construction work under a pc’s workplace plan for a construction workplace started before the commencement of this section, the pc’s workplace plan, as in force under this regulation immediately before the commencement, may be taken to be the construction workplace plan for the construction workplace. ‘ (2) However, if the construction work includes demolition work, whether started before or after the commencement of this section, the pc’s workplace plan, and the pc’s demolition work plan for the demolition work as in force under this regulation immediately before the commencement, may together be taken to be the construction workplace plan for the construction workplace. ‘232 Transitional provision for Workplace Health and Safety induction for speciﬁed work ‘ (1) Until the end of 31 December 2002, section 63 of this regulation, as in force immediately before the commencement of this section, is taken to continue in force as if it had not been repealed. ‘ (2) All provisions of this regulation, as in force immediately before the commencement of this section, that are necessary to support the continuing operation of section 63 under subsection (1) but that are amended or repealed on the commencement of this section, are taken to continue in force to support the continuing operation of section 63 until the end of 31 December 2002 as if they had not been amended or repealed.’. 12 Amendment of sch 9 (Dictionary) (1) Schedule 9, deﬁnitions “control measures” , “speciﬁed work” and “workplace health and safety plan” —

s 12 83 s 12 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 omit. (2) Schedule 9— insert— ‘ “anchorage point” , for part 18, see section 181. “Australian Quality Training Framework” , for part 17, see section 167. “barricade” means a self-supporting fence, or a self-supporting series of continuous plastic, concrete or other solid barriers, usually temporary, erected or placed to restrict the entry of persons to a workplace. Examples of fences — • steel pickets joined by chain wire of appropriate height to restrict entry • steel pickets joined by rows of wire at appropriate heights to restrict entry • steel pickets joined by taut plastic webbing commonly known as para-webbing. “caisson” , for part 17, see section 167. “catch platform” , for part 19, see section 199. “cofferdam” , for part 17, see section 167. “common plant” , for part 8B, see section 65Z. “competent person” — (a) for part 17, see section 168; or (b) for part 18, see section 181. “construction-type work” means— (a) construction work; or (b) work that is not building work but that would be building work if its estimated ﬁnal price were more than the amount provided for in the deﬁnition “building work” in schedule 3 of the Act; or (c) work that is not civil construction work but that would be civil construction work if its estimated ﬁnal price were more than the amount provided for in the deﬁnition “civil construction work” in schedule 3 of the Act. “construction work” has the meaning given under the Act, section 14. “construction workplace plan” , for part 8, see section 56.

s 12 84 s 12 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 “edge protection” , for part 18, see section 181. “engineer” , in relation to the performance of a task, means a person who— (a) is a registered professional engineer under the ProfessionalEngineers Act 1988 ; and (b) is competent to perform the task. “excavation” , for part 17, see section 167. “excavation work” , for part 17, see section 167. “fall-arrest harness system” , for part 18, see section 181. “fall protection cover” , for part 18, see section 181. “free fall” , for part 18, see section 181. “gantry” , for part 19, see section 199. “general induction card” means a document in the form of a card evidencing a person’s successful completion of the general induction training course and that includes— (a) the name and registration details of the registered training organisation that provided the general induction training course; and (b) the course number and name; and (c) the name and signature of the person to whom the card was issued; and (d) the signature of— (i) the person who conducted the general induction training course; or (ii) a person signing for the person mentioned in subparagraph (i). “general induction evidence” , for a person, means— (a) a statement of attainment for the general induction training course issued to the person by a registered training organisation under the Training and Employment Act 2000 ; or (b) a general induction card issued to the person; or

s 12 85 s 12 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 (c) until the end of 31 December 2005, a document signed by the provider of a general workplace health and safety induction given before 1 January 2003 under section 63, as in force immediately before the commencement of this paragraph or as continuing to apply after the commencement of this paragraph, and showing— (i) that the person has received the induction; and (ii) the date the induction was given. “general induction training course” means the course 30215 QLD—Course in General Safety Induction (Construction Industry) accredited under the Training and Employment Act 2000. 35 “geo-technical engineer” , for part 17, see section 167. “high risk construction activity” , for part 8, see section 57. “hoarding” means a self-supporting structure fully sheeted with timber, plywood, metal or sturdy synthetic sheets or fully covered by chain wire or sturdy mesh, that is designed— (a) to prevent members of the public entering a workplace; and (b) to provide protection to members of the public against objects approaching them from the side. “housing construction work” means work to erect, construct, extend or structurally alter— (a) any of the following dwellings that is not located above or below another dwelling or another part of a building, other than a part that is a private garage— (i) a detached house; (ii) an attached dwelling, separated from the dwelling to which it is attached by a ﬁre-resisting wall, including, for example, a terrace house or town house; (iii) a boarding house, guest house, hostel or similar building with a ﬂoor area of not more than 300 m 2 ; or (b) a building that is not designed for habitation but is ancillary to a building to which paragraph (a) applies. 35 Training and Employment Act 2000, section 39 (Issue of qualiﬁcation or statement of attainment)

s 12 86 s 12 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 Example of an ancillary building — A private garage, carport or shed. “ladder” , for part 18, see section 181. “light work” means work that is light having regard to the following— (a) the amount of physical exertion involved; (b) the physical capacity of the person doing the work; (c) the range of movement involved; (d) the weight or bulk of materials or equipment involved. Examples of light work — • painting • installing a roof gutter, air-conditioning duct, metal fascia or lighting • placing pine roof trusses in position on the roof of a low-set house • performing inspections or tests • installing an electrical connection. Examples of work that is not light work — • bricklaying or rendering • using a medium or heavy duty angle grinder or circular saw. “limited free fall” , for part 18, see section 181. “object” , for part 19, see section 199. “overhead platform” , for part 19, see section 199. “perimeter containment screening” , for part 19, see section 199. “permitted work” , for part 18, see section 181. “platform” , for part 18, see section 181. “prescribed information” , for part 17, see section 167. “site-speciﬁc induction” , for a construction workplace, means a workplace health and safety induction that is speciﬁc to the workplace. “static line” , for part 18, see section 181. “surface” , for part 18, see section 181. “toe board” , for part 18, see section 181. “travel restraint system” , for part 18, see section 181.

s 12 87 s 12 Workplace Health and Safety Amendment Regulation No. 109, 2002 (No. 3) 2002 “trench” , for part 17, see section 167. “underground service” , for part 17, see section 167. “vertical containment sheeting” , for part 19, see section 199. “work method statement” means a statement that is— (a) under section 58, a work method statement for a high risk construction activity; or (b) under section 59, a work method statement for a prescribed activity that is demolition work; or (c) under section 75C, a work method statement for a prescribed activity that is the removal of asbestos materials.’. ENDNOTES 1. Made by the Governor in Council on 16 May 2002. 2. Notiﬁed in the gazette on 17 May 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Industrial Relations. © State of Queensland 2002