Workplace Health and Safety Amendment Regulation (No. 3) 2004 (Qld)
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Queensland Workplace Health and Safety Amendment Regulation (No. 3) 2004 Subordinate Legislation 2004 No. 290 made under the State Penalties Enforcement Act 1999 Workplace Health and Safety Act 1995 Contents Part 1 1 2 Part 2 3 4 5 6 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of Workplace Health and Safety Regulation1997 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Insertion of new s 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3C Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Insertion of new pt 7A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Part 7A Access—employers doing work that is not construction work 54A Employers—access . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Replacement of pt 21 (Amenities) . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 21 Amenities Division 1 Definition for pt 21 216 Meaning of reasonably available . . . . . . . . . . . . . . . . 8 Division 2 Principal contractors 217 Amenities for construction work . . . . . . . . . . . . . . . . . 9 Division 3 Employers 218 Amenities for rural industry work . . . . . . . . . . . . . . . . 9
2 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 219 Amenities for work that is not construction work or rural industry work . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 4 Principal contractors and employers— maintenance of particular amenities 220 Maintenance of amenities . . . . . . . . . . . . . . . . . . . . . 10 Part 21A Employers—requirements for building provided for worker to occupy when performing work that is not construction work or rural industry work 221 Ventilation, lighting, floor area and air space for building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Part 21B Employers—atmospheric contaminants 222 Level of atmospheric contaminants . . . . . . . . . . . . . . 11 Part 21C First aid 223 Employers—all work. . . . . . . . . . . . . . . . . . . . . . . . . . 12 224 Employers—workers performing rural industry work . 13 225 Self-employed persons performing construction work 13 7 Insertion of new pt 23, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 13 8 Insertion of new pt 23, div 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 13 9 Insertion of new pt 23, div 3, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 14 10 Insertion of new pt 23, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 4 Certain amenities complying, or leased or acquired, immediately before 1 January 2005 235 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 236 Employers to whom this division applies . . . . . . . . . . 15 237 Lunch room . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 238 Dressing room . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 239 Toilets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 11 Insertion of new schs 8A–8F . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Schedule 8A Principal contractors—particular amenities for construction work Part 1 Definition for sch 8A 1 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Part 2 Toilets 2 Toilets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 3 When toilet must be connected toilet or portable toilet 21 4 Privacy, ventilation and toilet paper . . . . . . . . . . . . . . 22 Part 3 Other amenities 5 Room, or sheltered area, to eat meals in . . . . . . . . . . 22
3 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 6 Hands and face washing facilities . . . . . . . . . . . . . . . 7 Drinking water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 8B Employers—particular amenities for rural industry work Part 1 Toilets for workers and employer 1 Toilets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 2 Other amenities for workers 2 Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Sheltered area to eat meals in . . . . . . . . . . . . . . . . . . 4 Hands washing facilities . . . . . . . . . . . . . . . . . . . . . . . 5 Drinking water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 8C Employers—particular amenities for work that is not construction work or rural industry work Part 1 Application of sch 8C 1 Application of sch 8C . . . . . . . . . . . . . . . . . . . . . . . . . Part 2 Explanation of applied BCA provisions or applied QDC provisions used for pt 3 or sch 8D 2 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Purpose of applied BCA or applied QDC provisions . 4 Changes to the text of BCA or QDC in modified provision ....................... 5 Interpretation of applied BCA or applied QDC provisions ......................... Part 3 If worker is at workplace where employer provides non-class 10 building for workers to occupy Division 1 Application of pt 3 6 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Toilets, and hands and face washing facilities Subdivision 1 If the building is a class 1b building or employer’s domestic premises 7 Toilets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Hands and face washing facilities . . . . . . . . . . . . . . . Subdivision 2 If the building is a particular class of building and not employer’s domestic premises 9 Application of subdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . 10 Toilets, and hands and face washing facilities . . . . . . 11 Performance requirements to be complied with . . . . . 23 23 25 26 26 26 27 28 28 29 30 30 32 33 34 34 35 35
4 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 12 How to comply with performance requirements . . . . . 13 Location of toilet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Toilet paper and disposal of female sanitary items. . . 15 Hands and face washing facilities to include soap, water and hands drying facilities . . . . . . . . . . . . . . . . Division 3 Dining facilities 16 Dining facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Performance criteria to be complied with . . . . . . . . . . 18 How to comply with performance criteria mentioned in this part or sch 8D . . . . . . . . . . . . . . . . . . . . . . . . . 19 If worker is able to eat in work area . . . . . . . . . . . . . . Division 4 Dressing room facilities 20 Dressing room facilities . . . . . . . . . . . . . . . . . . . . . . . 21 Performance criteria to be complied with . . . . . . . . . . Division 5 Drinking water 22 Drinking water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Performance criteria that may be complied with. . . . . Division 6 Other amenities 24 Hands and face washing facilities . . . . . . . . . . . . . . . 25 Showers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 4 If worker is not at workplace where employer provides non-class 10 building for workers to occupy 26 Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Toilets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Sheltered area to eat meals in . . . . . . . . . . . . . . . . . . 29 Drinking water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Hands washing facilities . . . . . . . . . . . . . . . . . . . . . . . 31 Showers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 8D Employers—requirements for building provided for worker to occupy when performing work that is not construction work or rural industry work Part 1 Application of sch 8D 1 Application of sch 8D . . . . . . . . . . . . . . . . . . . . . . . . . Part 2 Ventilation 2 Ventilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 How to comply with performance requirements . . . . . 36 36 37 37 37 38 38 39 40 40 40 41 41 42 42 43 43 44 44 45 46 47 47
5 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 Part 3 Lighting 4 Lighting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 4 Floor area and air space 5 Floor area and air space . . . . . . . . . . . . . . . . . . . . . . Schedule 8E Applied BCA provisions Part 1 Toilets, and hands and face washing facilities Division 1 Performance requirements FP2.1 .......................................... FP2.5 .......................................... Division 2 Certain provisions for complying with performance requirements A0.5 Meeting the Performance Requirements . . . . . . . . . . F2.0 Deemed-to-Satisfy Provisions . . . . . . . . . . . . . . . . . . F2.3 Facilities in Class 3 or 5 to 9 buildings . . . . . . . . . . . . F2.5 Construction of sanitary compartments . . . . . . . . . . . F2.6 Interpretation—Urinals and washbasins. . . . . . . . . . . Part 2 Ventilation Division 1 Performance requirements FP4.3 .......................................... FP4.4 .......................................... FP4.5 .......................................... Division 2 Certain provisions for complying with performance requirements A0.5 Meeting the Performance Requirements . . . . . . . . . . F4.0 Deemed-to-Satisfy Provisions . . . . . . . . . . . . . . . . . . F4.5 Ventilation of rooms . . . . . . . . . . . . . . . . . . . . . . . . . . F4.6 Natural ventilation. . . . . . . . . . . . . . . . . . . . . . . . . . . . F4.7 Ventilation borrowed from adjoining room . . . . . . . . . F4.8 Restriction on position of water closets and urinals . . F4.9 Airlocks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 3 Further provisions for complying with performance requirements—definitions, classification of buildings and adoption of standards A1.1 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A1.2 Adoption of standards and other reference . . . . . . . . A1.3 Referenced Standards, etc. . . . . . . . . . . . . . . . . . . . . 48 49 50 50 51 51 51 53 54 54 54 54 55 55 55 56 56 57 57 58 64 65
12 Part 3 13 14 6 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 A1.4 Differences between referenced documents and applied BCA provisions . . . . . . . . . . . . . . . . . . . . . . . A3.2 Classifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A3.3 Multiple classification . . . . . . . . . . . . . . . . . . . . . . . . . A3.4 Parts with more than one classification . . . . . . . . . . . Schedule 8F Applied QDC provisions Part 1 Performance criteria and acceptable solutions Division 1 Dining facilities Division 2 Dressing room facilities Division 3 Drinking water Division 4 Lighting Division 5 Floor area and air space Part 2 Other provisions for complying with performance criteria Satisfying the performance criteria. . . . . . . . . . . . . . . Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of State Penalties Enforcement Regulation2000 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 5 (Other legislation) . . . . . . . . . . . . . . . . . . . . 65 66 69 69 76 76 77 78 79
s1 7 s5 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 Part 1 Preliminary 1 Short title This regulation may be cited as the Workplace Health and Safety Amendment Regulation (No. 3) 2004 . 2 Commencement This regulation commences on 1 January 2005. Part 2 Amendment of Workplace Health and Safety Regulation 1997 3 Regulation amended in pt 2 This part amends the Workplace Health and Safety Regulation1997. 4 Insertion of new s 3C After section 3B— insert — ‘3C Notes in text ‘A note in the text of this regulation is part of the regulation.’. 5 Insertion of new pt 7A After section 54— insert—
s6 8 s6 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘Part 7A Access—employers doing work that is not construction work ‘54A Employers—access ‘(1) This section applies to an employer doing 1 work, that is not construction work, at a workplace. ‘(2) The employer must ensure that— (a) there is appropriate, safe and clear access to and from the workplace for each of the employer’s workers working or about to work at the workplace; and (b) all other means of access at the workplace are safe and clear. Maximum penalty—20 penalty units.’. 6 Replacement of pt 21 (Amenities) Part 21— omit, insert — ‘Part 21 Amenities ‘Division 1 Definition for pt 21 ‘216 Meaning of reasonably available ‘An amenity is reasonably available to a person if— (a) it is available at a location reasonably convenient to the person; and (b) the person’s use of the amenity is not unreasonably restricted. 1 See section 3B (References to the doing of work by employer).
s6 9 s6 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘Division 2 Principal contractors ‘217 Amenities for construction work ‘Section 220 and schedule 8A 2 state particular duties of the principal contractor for a construction workplace about amenities. ‘Division 3 Employers ‘218 Amenities for rural industry work ‘Section 220 and schedule 8B 3 state particular duties of an employer about amenities for work in a rural industry. 4 ‘219 Amenities for work that is not construction work or rural industry work ‘Section 220 and schedule 8C 5 state particular duties of an employer about amenities for the employer’s workers performing work that is not construction work or work in a rural industry. 2 Section 220 (Maintenance of amenities) and schedule 8A (Principal contractors—particular amenities for construction work) 3 Schedule 8B (Employers—particular amenities for rural industry work) 4 Rural industry is defined in schedule 9 (Dictionary). 5 Schedule 8C (Employers—particular amenities for work that is not construction work or rural industry work)
s 6 10 s 6 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘Division 4 Principal contractors and employers—maintenance of particular amenities ‘220 Maintenance of amenities ‘(1) A principal contractor who makes an amenity available under schedule 8A must ensure that the amenity is maintained under subsection (3). Maximum penalty—20 penalty units. ‘(2) An employer who makes an amenity available under schedule 8B or 8C must ensure that the amenity is maintained under subsection (3). Maximum penalty—20 penalty units. ‘(3) An amenity mentioned in subsection (1) or (2) must be maintained in a hygienic, safe and serviceable condition, including by ensuring that there is a system for— (a) inspecting and cleaning the amenity; and (b) if the amenity has facilities to dispose of sanitary items for females—the adequate and hygienic disposal of the sanitary items.
s 6 11 s 6 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘Part 21A Employers—requirements for building provided for worker to occupy when performing work that is not construction work or rural industry work ‘221 Ventilation, lighting, floor area and air space for building ‘(1) Schedule 8D 6 states particular duties of an employer— (a) whose worker is at a workplace and performing work that is not construction work or work in a rural industry; and (b) who provides a building 7 at the workplace for the worker to occupy when performing work that is not construction work or work in a rural industry. ‘(2) The duties are about ventilation, lighting, floor area and air space for the building. ‘Part 21B Employers—atmospheric contaminants ‘222 Level of atmospheric contaminants ‘(1) This section applies to an atmospheric contaminant, other than a hazardous substance as defined in section 100, 8 for which the national exposure standard states an exposure level. ‘(2) An employer must ensure that the level of the atmospheric contaminant generated from a process carried out in the 6 Schedule 8D (Employers—requirements for building provided for worker to occupy when performing work that is not construction work or rural industry work) 7 Building is defined in schedule 9 (Dictionary). 8 Section 100 (Meaning of hazardous substance for division)
s 6 12 s 6 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 conduct of the employer’s business or undertaking is not more than the exposure standard stated for the atmospheric contaminant in the national exposure standard. Maximum penalty—20 penalty units. ‘Part 21C First aid Note — Sections 65K(5)(f), 65V(b), 79A(2)(b)(vii), 86D(3)(e) and 86J(4)(c) 9 also state particular duties about first aid. ‘223 Employers—all work ‘(1) An employer must ensure that first aid equipment is reasonably accessible to each of the employer’s workers. Maximum penalty—20 penalty units. ‘(2) The first aid equipment must be appropriate and adequate for the worker and the worker’s work. ‘(3) An employer must ensure that first aid equipment is reasonably accessible to the employer. Maximum penalty—20 penalty units. ‘(4) The first aid equipment must be appropriate and adequate for the employer and the employer’s work. ‘(5) An employer must ensure that the following first aid equipment is maintained in a hygienic, safe and serviceable condition— (a) all first aid equipment made available by the employer to a worker of the employer; 9 Sections 65K (Site-specific induction to be given), 65V (What are safe housekeeping practices for a principal contractor), 79A (Meaning of competent person for subdiv 2), 86D (Lookout and rescuer) and 86J (Lookout, guide and rescuer)
s 7 13 s 8 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 (b) all first aid equipment made available by the employer for his or her own use. Maximum penalty for subsection (5)—20 penalty units. ‘224 Employers—workers performing rural industry work ‘The employer of a worker performing work in a rural industry must ensure that, if practicable, a person with first aid training is available to treat an injury suffered by the worker in performing the work. Maximum penalty—20 penalty units. ‘225 Self-employed persons performing construction work ‘(1) A self-employed person performing construction work must ensure that first aid equipment is reasonably accessible to the self-employed person. Maximum penalty—20 penalty units. ‘(2) The first aid equipment must be appropriate and adequate for the self-employed person and the work. ‘(3) A self-employed person performing construction work must ensure that all first aid equipment made available by the self-employed person for his or her own use is maintained in a hygienic, safe and serviceable condition. Maximum penalty for subsection (3)—20 penalty units.’. 7 Insertion of new pt 23, div 1, hdg Before section 231— insert — ‘Division 1 Pc’s workplace plan and pc’s demolition work plan ’. 8 Insertion of new pt 23, div 2, hdg After section 231—
s 9 14 s 10 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 insert — ‘Division 2 Induction for specified work ’. 9 Insertion of new pt 23, div 3, hdg After section 232— insert — ‘Division 3 Certificates of registration of registrable plant design ’. 10 Insertion of new pt 23, div 4 After section 234— insert — ‘Division 4 Certain amenities complying, or leased or acquired, immediately before 1 January 2005 ‘235 Definitions for div 4 ‘In this division— agreement , in relation to a formerly complying amenity, includes— (a) a lease or arrangement; and (b) a variation of an agreement; and (c) an agreement under which the employer is not the only party to the agreement to whom the formerly complying amenity is to be made available. formerly complying amenity means— (a) a lunch room, whether in or adjacent to the employer’s workplace, complying with the repealed regulation,
s 10 15 s 10 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 schedule 7, section 5 10 ( formerly complying lunch room ); or (b) a dressing room complying with the repealed regulation, schedule 7, section 6 11 ( formerly complying dressing room ); or (c) a toilet complying with the repealed regulation, schedule 7, section 7 12 ( formerly complying toilet ). repealed regulation means the repealed WorkplaceHealthandSafety(Miscellaneous)Regulation1995 as in force immediately before 1 January 2005. 13 ‘236 Employers to whom this division applies ‘(1) This division applies to an employer if, immediately before 1 January 2005, the employer’s workplace had a formerly complying amenity. Example — A workplace had an amenity even if the amenity was temporarily closed for repairs or for another reason. ‘(2) This division also applies to an employer if— (a) before 1 January 2005, the employer entered into an agreement under which a formerly complying amenity is to be leased or acquired by, or otherwise made available to, the employer; and (b) when entering into the agreement, the employer intended to make the formerly complying amenity available, as an employer, for the employer’s workplace or future workplace; and 10 Repealed regulation, schedule 7 (Workplace amenities (for workplaces other than construction workplaces)), section 5 (Lunch place) 11 Repealed regulation, schedule 7 (Workplace amenities (for workplaces other than construction workplaces)), section 6 (Dressing rooms) 12 Repealed regulation, schedule 7 (Workplace amenities (for workplaces other than construction workplaces)), section 7 (Toilets) 13 The Workplace Health and Safety (Miscellaneous) Regulation 1995 expired on 31 December 2004 .
s 10 16 s 10 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 (c) the formerly complying amenity is made available to the employer on or after 1 January 2005 under the agreement. ‘(3) An employer under subsection (2) need not have been an employer when subsection (2)(a), (b) or (c) happened. ‘237 Lunch room ‘(1) This section applies if— (a) an employer to whom this division applies makes a dining room available for the purpose of complying with schedule 8C, section 17(3); 14 and (b) the dining room is a formerly complying lunch room; and (c) the dining room is not being used to accommodate more workers at the one time than could reasonably be accommodated at the one time as a formerly complying lunch room. ‘(2) For that purpose— (a) the following provisions do not apply, in relation to the dining room, to the employer— (i) schedule 8F, part 1, division 1, 15 acceptable solution A8; (ii) schedule 8F, part 1, division 2, 16 acceptable solution A9(i)(i) to the extent it requires an area to comply with A8; and (b) the dining room need not be part of a building. ‘(3) In this section— 14 Schedule 8C (Employers—particular amenities for work that is not construction work or rural industry work), section 17 (Performance criteria to be complied with) 15 Schedule 8F (Applied QDC provisions), part 1 (Performance criteria and acceptable solutions), division 1 (Dining facilities) 16 Schedule 8F (Applied QDC provisions), part 1 (Performance criteria and acceptable solutions), division 2 (Dressing room facilities)
s 10 17 s 10 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 dining room see schedule 8F, part 2, 17 section headed ‘Definitions’. ‘238 Dressing room ‘(1) This section applies if— (a) an employer to whom this division applies makes a formerly complying dressing room available for the purpose of complying with schedule 8C, section 21(3); 18 and (b) the formerly complying dressing room is not being used to accommodate more workers at the one time than could reasonably be accommodated at the one time as a formerly complying dressing room. ‘(2) For that purpose, the following provisions of schedule 8F, part 1, division 2 19 do not apply, in relation to the formerly complying dressing room, to the employer— (a) acceptable solution A9(a), (b) or (d); (b) acceptable solution A9(i)(i) to the extent it requires an area to comply with A9(a), (b) or (d). ‘(3) In this section— dressing room see schedule 8F, part 2, section headed ‘Definitions’. ‘239 Toilets ‘(1) This section applies if an employer to whom this division applies makes a formerly complying toilet, that is not 17 Schedule 8F (Applied QDC provisions), part 2 (Other provisions for complying with performance criteria) 18 Schedule 8C (Employers—particular amenities for work that is not construction work or rural industry work), section 21 (Performance criteria to be complied with) 19 Schedule 8F (Applied QDC provisions), part 1 (Performance criteria and acceptable solutions), division 2 (Dressing room facilities)
s 11 18 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 portable, available for the purpose of complying with schedule 8C, section 10(1). 20 ‘(2) For that purpose, the following provisions do not apply, in relation to the formerly complying toilet, to the employer— (a) schedule 8C, section 13; 21 (b) schedule 8E, part 1, division 1, section F2.5. 22 ‘(3) However, the formerly complying toilet must be in a cubicle, or room, that gives privacy.’. 11 Insertion of new schs 8A–8F After schedule 8— insert — 20 Schedule 8C (Employers—particular amenities for work that is not construction work or rural industry work), section 10 (Toilets, and hands and face washing facilities) 21 Schedule 8C (Employers—particular amenities for work that is not construction work or rural industry work), section 13 (Location of toilet) 22 Schedule 8E (Applied BCA provisions), part 1 (Toilets, and hands and face washing facilities), division 1 (Performance requirements), section F2.5 (Construction of sanitary compartments)
s 11 19 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘Schedule 8A Principal contractors—particular amenities for construction work section 217 Note — See also part 21 (Amenities), division 4 (Principal contractors and employers—maintenance of particular amenities). ‘Part 1 Definition for sch 8A ‘1 Definition ‘In this schedule— construction person , in relation to a construction workplace, means a worker, employer or self-employed person, who is at the construction workplace and performing construction work. ‘Part 2 Toilets ‘2 Toilets ‘(1) The principal contractor for a construction workplace must ensure that toilets complying with this part are reasonably available 23 to each construction person. 23 See section 216 (Meaning of reasonably available ).
s 11 20 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 Examples of toilets that, under section 216(a), are at a location reasonably convenient to the construction person — • for a civil construction workplace—toilets located within the site compound boundary • for another construction workplace—toilets located within the boundary of the workplace Maximum penalty—20 penalty units. ‘(2) There must be at least 1 toilet for each 15, or part of 15, construction persons. Examples — • for 1 to 15 construction persons, there must be at least 1 toilet • for 20 construction persons, there must be at least 1 toilet for the first 15 construction persons plus at least 1 toilet for the other 5, making a total of at least 2 toilets ‘(3) If the construction workplace includes at least 4 levels of a building (not counting ground level), a toilet is, for section 216(a), at a location reasonably convenient to each construction person only if there is at least 1 toilet on at least each of the following levels of the building— (a) ground level; (b) the fourth level (not counting ground level); (c) each third level after that fourth level. Example — For a construction workplace that includes ground level and levels 1 to 10 of a building, there must be at least 1 toilet on ground level, level 4, level 7 and level 10. ‘(4) Subsection (3) does not limit subsection (2).
s 11 21 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘3 When toilet must be connected toilet or portable toilet ‘(1) If there are less than 15 construction persons, the toilet must be a connected toilet or a portable toilet. 24 ‘(2) If there are at least 15 construction persons, each toilet must be— (a) if a sewerage or septic connection is available—a connected toilet; or (b) otherwise—a portable toilet. ‘(3) However, if— (a) a portable toilet is made available under subsection (1); and (b) a sewerage or septic connection becomes available; the portable toilet must be replaced by a connected toilet complying with this part within 2 weeks after the first time that there are at least 15 construction persons after the connection becomes available. ‘(4) Despite subsection (2)(b), if— (a) a portable toilet is made available under subsection (2)(b); and (b) a sewerage or septic connection becomes available; the portable toilet must be replaced by a connected toilet complying with this part within 2 weeks after the connection becomes available. ‘(5) In this section— connected toilet means a toilet that— (a) is connected to a sewerage or septic system; or (b) is a pump-out holding tank storage type system. 24 For requirements for portable toilets see the EnvironmentalProtection(WasteManagement) Regulation 2000, section 67 (Prohibition on use of non-complying waste equipment) and the EnvironmentalProtection(InterimWaste)Regulation1996, sections 48 (Requirements for sanitary conveniences, pan cabinets and pans), 53 (Requirements for closets, pan cabinets and pans) and 55 (Requirements for cesspits) .
s 11 22 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 portable toilet means a toilet that can be moved, and provides for tanked waste. ‘4 Privacy, ventilation and toilet paper ‘(1) Each toilet must be located— (a) in a position that gives privacy; and (b) in a cubicle, or room, that— (i) is fitted with a door that gives privacy and is lockable from inside the cubicle or room; and (ii) is constantly supplied with fresh air from openings to the outside air or from mechanical ventilation. ‘(2) Each toilet made available to a female construction person must— (a) have facilities to dispose of sanitary items for females; and (b) be separated from urinals so that no urinal can be seen by her. Examples — • locating a toilet for females in a separate room from urinals • putting a screen between urinals and a toilet for females ‘(3) Each toilet may be a unisex toilet. ‘(4) Each toilet must have an adequate supply of toilet paper. ‘Part 3 Other amenities ‘5 Room, or sheltered area, to eat meals in ‘(1) The principal contractor for a construction workplace must ensure that a room, or sheltered area, to eat meals and take breaks in is reasonably available to each construction person. Maximum penalty—20 penalty units.
s 11 23 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘(2) The room or sheltered area must— (a) be hygienic and separated from work activity that exposes or is likely to expose a construction person to a health or safety risk; and (b) if there are at least 15 construction persons— (i) have adequate space and seating for the maximum number of construction persons likely to use the room or sheltered area at the one time; and (ii) have appropriate facilities for washing and storing utensils, boiling water, and storing food in a cool place. ‘6 Hands and face washing facilities ‘(1) The principal contractor for a construction workplace must ensure the following facilities are reasonably available to each construction person— (a) adequate clean water for washing the hands and face; (b) an appropriate facility for supplying the water. Examples of an appropriate facility — • a hose at a housing construction site • a water container with a tap at a road construction site • a washbasin included with a portable toilet or connected toilet at a high rise building construction site Maximum penalty—20 penalty units. ‘(2) However, the facilities must not be unisex facilities that are located inside a toilet block, room or cubicle ( toilets ), unless the toilets are unisex toilets. ‘7 Drinking water ‘(1) The principal contractor for a construction workplace must ensure that an adequate supply of potable, clean and cool
s 11 24 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 drinking water is reasonably available 25 to each construction person. Examples of a supply of water that, for section 216(a), is at a location reasonably convenient to the construction person — • a supply located within 30 m of where the construction person is working on a single level building • a supply located on the ground level and then every second level of a high rise building being built Maximum penalty—20 penalty units. ‘(2) The supply of water must not be located in toilets. Example of toilets — a toilet block or a cubicle used as a toilet ‘(3) If the water is made available in a container, the construction person must be able to drink the water without having to drink directly from the same container as someone else. ‘(4) This section does not prevent the supply of water also being made available under section 6 for hands and face washing. 25 Section 216 (Meaning of reasonably available )
s 11 25 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘Schedule 8B Employers—particular amenities for rural industry work section 218 Note — See also part 21 (Amenities), division 4 (Principal contractors and employers—maintenance of particular amenities). ‘Part 1 Toilets for workers and employer ‘1 Toilets ‘(1) An employer must ensure that, to the greatest practicable extent, toilets complying with this section are reasonably available to each work person who is at a workplace and performing work in a rural industry. 26 Maximum penalty—20 penalty units. ‘(2) Toilets located within a reasonable distance of the work person, using appropriate transport, are, under section 216(a), at a location reasonably convenient to the work person. ‘(3) There must be at least 1 toilet for each 15, or part of 15, work persons who are at the workplace and performing work in a rural industry. Examples — • for 1 to 15 work persons, there must be at least 1 toilet • for 20 work persons, there must be at least 1 toilet for the first 15 work persons plus at least 1 toilet for the other 5, making a total of at least 2 toilets 26 See section 216 (Meaning of reasonably available ). Rural industry is defined in schedule 9 (Dictionary).
s 11 26 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘(4) Each toilet made available to a female work person must have facilities to dispose of sanitary items for females. ‘(5) Each toilet may be a unisex toilet. ‘(6) Each toilet must have an adequate supply of toilet paper. ‘(7) In this section— work person means the employer or a worker of the employer. ‘Part 2 Other amenities for workers ‘2 Application of pt 2 ‘This part applies if a worker of an employer is performing work in a rural industry at a workplace. ‘3 Sheltered area to eat meals in ‘(1) The employer must ensure that a sheltered area to eat meals and take breaks in is reasonably available to the worker. Examples — • a caravan • a tent attached to a vehicle • a tractor cabin or harvester cabin Maximum penalty—20 penalty units. ‘(2) The sheltered area must be separated from work activity that exposes or is likely to expose the worker to a health or safety risk. ‘4 Hands washing facilities ‘The employer must ensure the following are reasonably available to the worker— (a) adequate clean water, and soap or another suitable cleansing agent, for washing the worker’s hands;
s 11 27 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 (b) facilities to dry the worker’s hands. Example — hand towels, paper towels or a mechanical hands dryer Maximum penalty—20 penalty units. ‘5 Drinking water ‘(1) The employer must ensure that an adequate supply of potable, clean drinking water is reasonably available to the worker. Maximum penalty—20 penalty units. ‘(2) The supply of water must not be located in toilets. Example of toilets — a toilet block or a cubicle used as a toilet ‘(3) The water must not be at more than 15ºC. ‘(4) If the water is made available in a container, the worker must be able to drink the water without having to drink directly from the same container as someone else. ‘(5) This section does not prevent the supply of water also being made available under section 4 for hands washing.
s 11 28 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘Schedule 8C Employers—particular amenities for work that is not construction work or rural industry work section 219 Note — See also part 21 (Amenities), division 4 (Principal contractors and employers—maintenance of particular amenities). ‘Part 1 Application of sch 8C ‘1 Application of sch 8C ‘This schedule applies if a worker of an employer is performing work that is not construction work or work in a rural industry. ‘Part 2 Explanation of applied BCA provisions or applied QDC provisions used for pt 3 or sch 8D ‘2 Definitions for pt 2 ‘In this part— applied BCA provision see section 3(4). applied QDC provision see section 3(4).
s 11 29 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 BCA means the edition of the Building Code of Australia 27 as current on 1 May 2004. BuildingCode of Australia see the BuildingAct1975 , section 3(1). QDC means the Queensland Development Code as current on 23 August 2002. Queensland Development Code see the StandardBuildingRegulation 1993 , section 6A. ‘3 Purpose of applied BCA or applied QDC provisions ‘(1) The BCA and QDC contain requirements, in relation to the design and construction of buildings, about— (a) amenities that a building must be provided with; and (b) requirements, for example, about ventilation or lighting, for a building. ‘(2) Under certain provisions of part 3, 28 the amenity that an employer has a duty to make reasonably available to a worker while the worker is doing certain work is the same, with some modification, as a particular amenity required under the BCA or QDC. ‘(3) Under certain provisions of schedule 8D, 29 the requirements for a building that an employer has a duty to ensure are complied with while the worker is doing certain work are the same, with some modification, as particular requirements for a building, under the BCA or QDC. 27 The Building Code of Australia is a publication of the Australian Building Codes Board and the Board has consented to the use of the code. The logo of the Australian Building Codes Board appears at the end of schedule 8E. Also, the web address for the Board is < 28 Part 3 (If worker is at workplace where employer provides non-class 10 building for worker to occupy). The provisions are section 10 (Toilets, and hands and face washing facilities), 16 (Dining facilities) and 20 (Dressing room facilities) and the example in section 22(1) (Drinking water). 29 Schedule 8D (Employers—requirements for building provided for worker to occupy when performing work that is not construction work or rural industry work). The provisions are sections 2 (Ventilation), 4 (Lighting) and 5 (Floor area and air space).
s 11 30 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘(4) For the purpose of stating those duties, BCA or modified BCA provisions ( applied BCA provisions ) or modified QDC provisions ( applied QDC provisions ) are— (a) applied under part 3 or schedule 8D; and (b) set out in schedule 8E or 8F. 30 ‘4 Changes to the text of BCA or QDC in modified provision ‘(1) In the modified BCA or QDC provisions, changes to the text of the BCA or QDC are in italics and, for this purpose, italics or underlining in the text of the BCA or QDC are not reproduced. ‘(2) Each modified BCA or QDC provision with a number keeps the same number as the BCA or QDC provision it modifies. ‘5 Interpretation of applied BCA or applied QDC provisions ‘(1) It is intended that the applied BCA provisions and applied QDC provisions form part of a self-contained scheme all of which is set out in this regulation. ‘(2) So, the BCA or QDC must not be referred to for the purpose of interpreting an applied BCA provision or applied QDC provision, and those provisions must be interpreted as if they were ordinary provisions of this regulation. Notes — 1 Schedule 8E, part 3, section A1.1 31 contains definitions for applied BCA provisions. 2 Schedule 8F, part 2, 32 section headed ‘Definitions’ contains definitions for applied QDC provisions. 30 Schedule 8E (Applied BCA provisions) or 8F (Applied QDC provisions) 31 Schedule 8E (Applied BCA provisions), part 3 (Further provisions for complying with performance requirements—definitions, classification of buildings and adoption of standards), section A1.1 (Definitions) 32 Schedule 8F (Applied QDC provisions), part 2 (Other provisions for complying with performance criteria)
s 11 31 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 3 Building , and other particular words relevant to the applied BCA or applied QDC provisions, are defined in schedule 9. 4 The Act, and the Acts Interpretation Act 1954, also define particular words relevant to the applied BCA or applied QDC provisions. ‘(3) However, the following definitions in schedule 3 of the Act33 do not apply in relation to an applied BCA provision or applied QDC provision— (a) board; (b) lift, (c) occupier; (d) owner; (e) place; (f) plant; (g) vehicle. ‘(4) Also, the definition Authority in schedule 9 34 does not apply in relation to an applied BCA provision or applied QDC provision. ‘(5) In an applied BCA provision or applied QDC provision relating to an amenity, a reference to workers is a reference to the employer’s workers to whom the amenity must be available under part 3. 33 Schedule 3 (Dictionary) of the Act 34 Schedule 9 (Dictionary)
s 11 32 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘Part 3 If worker is at workplace where employer provides non-class 10 building for workers to occupy ‘Division 1 Application of pt 3 ‘6 Application of pt 3 ‘This part applies if— (a) the employer provides a building 35 at a workplace for the worker or any other worker of the employer to occupy when performing work that is not construction work or work in a rural industry; and (b) the building is not a class 10 building; 36 and (c) the worker is at the workplace, whether or not the worker or other worker is actually occupying the building. Examples of a building provided for the worker to occupy — • an office building • a building that is a walled or partly walled shed and used as a workshop • a building, at a workplace that includes an outside storage yard, provided for the worker to occupy when not working in the yard Example of a building not provided for the worker to occupy — a building that the worker is in temporarily to repair equipment 35 Building is defined in schedule 9 (Dictionary). 36 Class is defined in schedule 9 (Dictionary).
s 11 33 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘Division 2 Toilets, and hands and face washing facilities ‘Subdivision 1 If the building is a class 1b building or employer’s domestic premises ‘7 Toilets ‘(1) If the building provided by the employer is a class 1b building or the employer’s domestic premises, the employer must ensure that toilets complying with this section are reasonably available to the worker. Maximum penalty—20 penalty units. ‘(2) Each toilet must be adequate in all the circumstances, including the following— (a) the size and location of the workplace; (b) the number of the employer’s workers to whom a toilet must be made available under subsection (1). Example — The number of the workers may require more than 1 toilet to be made available. ‘(3) Each toilet must be in a cubicle, or room, that gives privacy. ‘(4) If the worker is female, each toilet made available to her must— (a) have facilities to dispose of sanitary items for females; and (b) be separated from urinals so that no urinal can be seen by her. Examples — • locating a toilet for females in a separate room from urinals • putting a screen between urinals and a toilet for females ‘(5) Each toilet may be a unisex toilet. ‘(6) Each toilet must have an adequate supply of toilet paper.
s 11 34 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘8 Hands and face washing facilities ‘The employer must ensure the following facilities are reasonably available to the worker— (a) adequate clean water, and soap or another suitable cleansing agent, for washing the worker’s hands and face; (b) facilities to dry the worker’s hands. Example — hand towels, paper towels or a mechanical hands dryer Maximum penalty—20 penalty units. ‘Subdivision 2 If the building is a particular class of building and not employer’s domestic premises ‘9 Application of subdiv 2 ‘(1) This subdivision applies if the building provided by the employer is not the employer’s domestic premises and is— (a) a class 3, 5, 6 or 9 building that is not part of a school; or (b) a class 7 or 8 building; or (c) a class 9b building that is part of a school. ‘(2) In this section— school see schedule 8E, part 3, section A1.1. 37 37 Schedule 8E (Applied BCA provisions), part 3 (Further provisions for complying with performance requirements—definitions, classification of buildings and adoption of standards), section A1.1 (Definitions)
s 11 35 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘10 Toilets, and hands and face washing facilities ‘(1) The employer must ensure that toilets complying with this subdivision are reasonably available 38 to the worker. Maximum penalty—20 penalty units. ‘(2) The employer must ensure that hands and face washing facilities complying with this subdivision are reasonably available to the worker. Maximum penalty—20 penalty units. ‘11 Performance requirements to be complied with ‘(1) Schedule 8E, part 1, division 1 39 sets out the following applied BCA provisions— (a) FP2.1, which is a performance requirement for toilets and hands and face washing facilities; and (b) FP2.5, which is a performance requirement for toilets. ‘(2) Part 2 40 explains the purpose and interpretation of, and modification of the BCA for, applied BCA provisions used for this part. ‘(3) Toilets must comply with the following performance requirements in the way stated in section 12— (a) FP2.1, in so far as it relates to toilets; and (b) FP2.5. ‘(4) Hands and face washing facilities must comply with performance requirement FP2.1, in so far as it relates to those facilities, in the way stated in section 12. 38 See section 216 (Meaning of reasonably available ) and part 23 (Transitional provisions), division 4 (Certain amenities complying, or leased or acquired, immediately before 1 January 2005), section 239 (Toilets). 39 Schedule 8E (Applied BCA provisions), part 1 (Toilets, and hands and face washing facilities), division 1 (Performance requirements) 40 Part 2 (Explanation of applied BCA provisions or applied QDC provisions used for pt 3 or sch 8D)
s 11 36 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘12 How to comply with performance requirements ‘(1) This section states the way to comply with the performance requirements. ‘(2) The applied BCA provision that is section A0.5 (Meeting the Performance Requirements) in schedule 8E, part 1, division 2, 41 applies to the performance requirements. ‘(3) Section A0.5 allows an employer to comply with the performance requirements in different ways. ‘(4) However, an employer may use an alternative solution under section A0.5, to comply with part or all of the performance requirements, only if the chief executive has given the employer approval to use the alternative solution in the particular case. ‘(5) The following applied BCA provisions, to the extent they are relevant to complying with the way chosen by the employer, must be applied to the performance requirements— (a) the remaining provisions of schedule 8E, part 1, division 2; (b) the provisions in schedule 8E, part 3. 42 ‘(6) However, each toilet, or hands and face washing facility need not be part of a building. ‘13 Location of toilet ‘If the toilet is not in the building provided by the employer, the toilet is, for section 216(a), at a location reasonably convenient to the worker only if the toilet is— (a) within the boundary of the workplace containing the building provided by the employer; and 41 Schedule 8E (Applied BCA provisions), part 1 (Toilets, and hands and face washing facilities), division 2 (Certain provisions for complying with performance requirements) 42 Schedule 8E (Applied BCA provisions), part 3 (Further provisions for complying with performance requirements—definitions, classification of buildings and adoption of standards)
s 11 37 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 Example — A toilet for a worker who is a school teacher must be within the school grounds. (b) not more than 100 m from the workplace if the building was built after 31 December 1991. ‘14 Toilet paper and disposal of female sanitary items ‘(1) If the worker is female, each toilet made available to her must have facilities to dispose of sanitary items for females. ‘(2) Each toilet must have an adequate supply of toilet paper. ‘15 Hands and face washing facilities to include soap, water and hands drying facilities ‘Hands and face washing facilities must include— (a) adequate clean water, and soap or another suitable cleansing agent, for washing the worker’s hands; and (b) facilities to dry the worker’s hands. Example — hand towels, paper towels or a mechanical hands dryer ‘Division 3 Dining facilities ‘16 Dining facilities ‘(1) The employer must ensure that dining facilities complying with this division are reasonably available to the worker, including for the purpose of taking breaks. 43 Maximum penalty—20 penalty units. ‘(2) However, a dining room or dining area made available for this division is taken not to be reasonably available to the worker while it is being used for a purpose that significantly interferes 43 See part 23 (Transitional provisions), division 4 (Certain amenities complying, or leased or acquired, immediately before 1 January 2005), section 237 (Lunch room).
s 11 38 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 with the use of the dining room or dining area for dining or taking breaks in. ‘17 Performance criteria to be complied with ‘(1) Schedule 8F, part 1, division 1 44 sets out the following applied QDC provisions— (a) performance criteria for dining facilities; (b) acceptable solutions for the performance criteria. ‘(2) Part 2 explains the purpose and interpretation of, and modification of the QDC for, applied QDC provisions used for this part. ‘(3) Dining facilities must comply with the performance criteria in the way stated in section 18. ‘18 How to comply with performance criteria mentioned in this part or sch 8D ‘(1) This section states how to comply with performance criteria mentioned in this part or schedule 8D, section 4 or 5. 45 ‘(2) The applied QDC provision in schedule 8F, part 2, 46 headed ‘Satisfying the performance criteria ’ applies to the performance criteria. ‘(3) That provision allows an employer to comply with the performance criteria in different ways. ‘(4) However, an employer may use an alternative solution under that provision, to comply with part or all of the performance criteria, only if the chief executive has given the employer approval to use the alternative solution in the particular case. 44 Schedule 8F (Applied QDC provisions), part 1 (Performance criteria and acceptable solutions), division 1 (Dining facilities) 45 Schedule 8D (Employers—requirements for building provided for worker to occupy when performing work that is not construction work or rural industry work), section 4 (Lighting) or 5 (Floor area and air space) 46 Schedule 8F (Applied QDC provisions), part 2 (Other provisions for complying with performance criteria)
s 11 39 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘(5) The following applied QDC provisions, to the extent they are relevant to complying with the way chosen by the employer, must be applied to the performance criteria— (a) the acceptable solutions for the performance criteria; (b) the section headed ‘Definitions’ in schedule 8F, part 2. ‘(6) To remove any doubt, it is declared that— (a) an amenity is required, under a performance criteria mentioned in this part, only in the circumstances mentioned in the performance criteria, whether or not the acceptable solutions for the performance criteria mention those circumstances; and (b) a dining room or dining area required under this part must be part of building. ‘(7) A dressing room required under this part need not be part of a building. ‘19 If worker is able to eat in work area ‘(1) This section applies if the nature of work performed by the worker allows the worker to eat in the worker’s work area. ‘(2) Sections 17 and 18 do not apply and dining facilities must consist of the following— (a) a sink with a draining board and reticulated hot and cold water; (b) cupboards for the storage of foodstuffs, free of dust and vermin; (c) a chair or stool with back support; (d) on or after 1 July 2005, a refrigerator of adequate capacity for the number of the employer’s workers to whom dining facilities must be available under this section.
s 11 40 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘Division 4 Dressing room facilities ‘20 Dressing room facilities ‘The employer must ensure that dressing room facilities complying with this division are reasonably available to the worker. 47 Maximum penalty—20 penalty units. ‘21 Performance criteria to be complied with ‘(1) Schedule 8F, part 1, division 2 48 sets out the following applied QDC provisions— (a) performance criteria for dressing room facilities; (b) acceptable solutions for the performance criteria. ‘(2) Part 2 explains the purpose and interpretation of, and modification of the QDC for, applied QDC provisions used for this part. ‘(3) Dressing room facilities must comply with the performance criteria in the way stated in section 18. 49 ‘Division 5 Drinking water ‘22 Drinking water ‘(1) The employer must ensure that an adequate supply of potable, clean and cool drinking water is reasonably available to the worker. 47 See part 23 (Transitional provisions), division 4 (Certain amenities complying, or leased or acquired, immediately before 1 January 2005), section 238 (Dressing room). 48 Schedule 8F (Applied QDC provisions), part 1 (Performance criteria and acceptable solutions), division 2 (Dressing room facilities) 49 Section 18 (How to comply with performance criteria mentioned in this part or sch 8D)
s 11 41 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 Example — complying, in the way stated in section 18, with the performance criteria for drinking water set out in schedule 8F, part 1, division 3 50 Maximum penalty—20 penalty units. ‘(2) The supply of water must not be located in toilets. Example of toilets — a toilet block or a cubicle used as a toilet ‘(3) If the water is made available in a container, the worker must be able to drink the water without having to drink directly from the same container as someone else. ‘(4) This section does not prevent the supply of water also being made available under section 24 for hands and face washing. ‘23 Performance criteria that may be complied with ‘(1) Schedule 8F, part 1, division 3 sets out the following applied QDC provisions— (a) performance criteria for drinking water; (b) acceptable solutions for the performance criteria. ‘(2) Part 2 explains the purpose and interpretation of, and modification of the QDC for, applied QDC provisions used for this part. ‘Division 6 Other amenities ‘24 Hands and face washing facilities ‘The employer must ensure the following facilities are reasonably available to the worker— (a) adequate clean water, and soap or another suitable cleansing agent, for washing the worker’s hands and face; 50 Schedule 8F (Applied QDC provisions), part 1 (Performance criteria and acceptable solutions), division 3 (Drinking water)
s 11 42 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 (b) facilities to dry the worker’s hands. Example — hand towels, paper towels or a mechanical hands dryer Maximum penalty—20 penalty units. ‘25 Showers ‘(1) This section applies if the worker is performing work likely to expose the worker to a health or safety risk if the worker can not shower at, or before, the end of the worker’s shift. ‘(2) The employer must ensure a shower is reasonably available to the worker to prevent the risk. Maximum penalty—20 penalty units. ‘(3) The shower may be a unisex shower only if— (a) it is available to not more than 10 of the employer’s workers to whom a shower must be available under subsection (2); and (b) it is lockable from inside the shower; and (c) it gives privacy. } ‘Part 4 If worker is not at workplace where employer provides non-class 10 building for workers to occupy ‘26 Application of pt 4 ‘(1) This part applies if the worker is not at a workplace where the employer provides a building for the worker or any other worker of the employer to occupy when performing work that is not construction work or work in a rural industry.
s 11 43 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 Note — See the examples in section 6(c), which are also relevant to section 26(1). ‘(2) In this section— building does not include a class 10 building. 51 ‘27 Toilets ‘(1) The employer must ensure that, to the greatest practicable extent, toilets complying with this section are reasonably available 52 to the worker. Maximum penalty—20 penalty units. ‘(2) Toilets located within a reasonable distance of the worker, using appropriate transport, are, for section 216(a), at a location reasonably convenient to the worker. ‘(3) There must be at least 1 toilet for each 15, or part of 15, of the employer’s workers to whom a toilet must be available under subsection (1). Examples — • for 1 to 15 workers, there must be at least 1 toilet • for 20 workers, there must be at least 1 toilet for the first 15 workers plus at least 1 toilet for the other 5, making a total of at least 2 toilets ‘(4) If the worker is female, each toilet made available to her must have facilities to dispose of sanitary items for females. ‘(5) Each toilet may be a unisex toilet. ‘(6) Each toilet must have an adequate supply of toilet paper. ‘28 Sheltered area to eat meals in ‘(1) The employer must ensure that a sheltered area to eat meals and take breaks in is reasonably available 53 to the worker. 51 Building and class are defined in schedule 9 (Dictionary). 52 See section 216 (Meaning of reasonably available ). 53 Section 216 (Meaning of reasonably available)
s 11 44 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 Examples — • a caravan • a tent attached to a vehicle Maximum penalty—20 penalty units. ‘(2) A sheltered area located within a reasonable distance of the worker, using appropriate transport, is, for section 216(a), at a location reasonably convenient to the worker. ‘(3) The sheltered area must be hygienic and separated from work activity that exposes or is likely to expose the worker to a health or safety risk. ‘29 Drinking water ‘(1) The employer must ensure that an adequate supply of potable, clean and cool drinking water is reasonably available to the worker. Maximum penalty—20 penalty units. ‘(2) The supply of water must not be located in toilets. Example of toilets — a toilet block or a cubicle used as a toilet ‘(3) If the water is made available in a container, the worker must be able to drink the water without having to drink directly from the same container as someone else. ‘(4) This section does not prevent the supply of water also being made available under section 30 for hands washing. ‘30 Hands washing facilities ‘The employer must ensure the following facilities are reasonably available to the worker— (a) adequate clean water, and soap or another suitable cleansing agent, for washing the worker’s hands; (b) facilities to dry the worker’s hands.
s 11 45 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 Example — hand towels, paper towels or a mechanical hands dryer Maximum penalty—20 penalty units. ‘31 Showers ‘(1) This section applies if the worker is performing work likely to expose the worker to a health or safety risk if the worker can not shower at, or before, the end of the worker’s shift. ‘(2) The employer must ensure a shower is reasonably available to the worker to prevent the risk. Maximum penalty—20 penalty units. ‘(3) The shower may be a unisex shower only if— (a) it is available to not more than 10 of the employer’s workers to whom a shower must be available under subsection (2); and (b) it is lockable from inside the shower; and (c) it gives privacy.
s 11 46 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘Schedule 8D Employers—requirements for building provided for worker to occupy when performing work that is not construction work or rural industry work section 221 ‘Part 1 Application of sch 8D ‘1 Application of sch 8D ‘This part applies if— (a) a worker is at a workplace and performing work that is not construction work or work in a rural industry; and (b) the worker’s employer provides a building 54 at the workplace for the worker to occupy when performing work that is not construction work or work in a rural industry. Note — See the examples in schedule 8C, section 6(c), which are also relevant to section 1. 54 Building is defined in schedule 9 (Dictionary).
s 11 47 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘Part 2 Ventilation ‘2 Ventilation ‘(1) Schedule 8E, part 2, division 1 55 sets out the applied BCA provisions that are performance requirements for ventilation. ‘(2) Schedule 8C, part 2 56 explains the purpose and interpretation of, and modification of the BCA for, applied BCA provisions used for this schedule. ‘(3) The employer must ensure that the building— (a) complies with the performance requirements in the way stated in section 3; or (b) is ventilated in a way that provides ventilation at least equivalent to the ventilation required under paragraph (a). Maximum penalty—20 penalty units. ‘3 How to comply with performance requirements ‘(1) This section states how to comply with the performance requirements. ‘(2) The applied BCA provision that is section A0.5 (Meeting the Performance Requirements) in schedule 8E, part 1, division 2, 57 applies to the performance requirements. ‘(3) Section A0.5 allows an employer to comply with the performance requirement in different ways. ‘(4) However, an employer may use an alternative solution under section A0.5, to comply with part or all of the performance 55 Schedule 8E (Applied BCA provisions), part 2 (Ventilation), division 1 (Performance requirements) 56 Schedule 8C (Employers—particular amenities for work that is not construction work or rural industry work), part 2 (Explanation of applied BCA provisions or applied QDC provisions used for pt 3 or sch 8D) 57 Schedule 8E (Applied BCA provisions), part 1 (Toilets, and hands and face washing facilities), division 2 (Certain provisions for complying with performance requirements)
s 11 48 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 requirements, only if the chief executive has given the employer approval to use the alternative solution in the particular case. ‘(5) The following applied BCA provisions, to the extent they are relevant to complying with the way chosen by the employer, must be applied to the performance requirement— (a) the remaining provisions of schedule 8E, part 1, division 2; and (b) the provisions in schedule 8E, part 3. 58 ‘Part 3 Lighting ‘4 Lighting ‘(1) Schedule 8F, part 1, division 4 59 sets out the following applied QDC provisions— (a) performance criteria for lighting; (b) acceptable solutions for the performance criteria. ‘(2) Schedule 8C, part 2 explains the purpose and interpretation of, and modification of the QDC for, applied QDC provisions used for this schedule. ‘(3) The employer must ensure that— (a) the building complies with the performance requirement in the way stated in schedule 8C, section 18; 60 or 58 Schedule 8E (Applied BCA provisions), part 3 (Further provisions for complying with performance requirements—definitions, classification of buildings and adoption of standards) 59 Schedule 8F (Applied QDC provisions), part 1 (Performance criteria and acceptable solutions), division 4 (Lighting) 60 Schedule 8C (Employers—particular amenities for work that is not construction work or rural industry work), section 18 (How to comply with performance criteria mentioned in this part or schedule 8D)
s 11 49 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 (b) the building is lit by lighting at least equivalent to the lighting required under paragraph (a). Maximum penalty—20 penalty units. ‘Part 4 Floor area and air space ‘5 Floor area and air space ‘(1) Schedule 8F, part 1, division 5 61 sets out the following applied QDC provisions— (a) performance criteria for floor area and air space; (b) acceptable solutions for the performance criteria. ‘(2) Schedule 8C, part 2 explains the purpose and interpretation of, and modification of the QDC for, applied QDC provisions used for this schedule. ‘(3) The employer must ensure that the building complies with the performance criteria in the way stated in schedule 8C, section 18. Maximum penalty—20 penalty units. 61 Schedule 8F (Applied QDC provisions), part 1 (Performance criteria and acceptable solutions), division 5 (Floor area and air space)
s 11 50 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘Schedule 8E Applied BCA provisions schedule 8C, section 3(4)(b) ‘Part 1 Toilets, and hands and face washing facilities ‘Division 1 Performance requirements ‘FP2.1 ‘(1) Suitable sanitary facilities for personal hygiene , consisting of toilets, and hands and face washing facilities, that are appropriate to the following, must be made reasonably available — (a) for hands and face washing facilities—the nature of the work the worker is performing ; Examples— • for an office worker—a washbasin • for a worker performing greasy work in a workshop—a tub (b) the number and gender of the workers ; (c) (omitted) ‘(2) In this section— hands and face washing facilities means an appropriate facility for supplying water for washing the hands and face. ‘FP2.5 ‘A sanitary compartment must be constructed with sufficient space or other means to permit an unconscious worker to be removed from the compartment.
s 11 51 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘Division 2 Certain provisions for complying with performance requirements Note — See also part 3 (Further provisions for complying with performance requirements—definitions, classification of buildings and adoption of standards). ‘A0.5 Meeting the Performance Requirements ‘Compliance with the Performance Requirements can only be achieved by— (a) complying with the Deemed-to-Satisfy Provisions; or (b) formulating an Alternative Solution which— (i) complies with the Performance Requirements; or (ii) is shown to be at least equivalent to the Deemed-to-Satisfy Provisions; or (c) a combination of (a) and (b). ‘F2.0 Deemed-to-Satisfy Provisions ‘(a) Where a Building Solution is proposed to comply with the Deemed-to-Satisfy Provisions, Performance Requirements FP2.1 and FP2.5 are satisfied by complying with F2 .3, including table F2.3, and F2.5 . (b) (omitted) ‘F2.3 Facilities in Class 3 or 5 to 9 buildings ‘(a) Sanitary facilities must be provided for Class 3, 5, 6, 7, 8 and 9 buildings in accordance with Table F2.3. (b) (omitted)
s 11 52 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 Table F2.3 SANITARY FACILITIES IN CLASS 3, 5, 6, 7, 8 AND 9 BUILDINGS Class of building User Ma x imum Number Served By— Closet pan(s) Urinals Washbasin(s) 1 2 Each 1 2 Each 1 2 Each Extra Extra Extra 3, 5, 6 or 9 that is not Workers part of a school Males 20 40 20 25 50 50 30 60 30 Females 15 30 15 30 60 30 7 or 8 Workers Males 20 40 20 25 50 50 20 40 20 Females 15 30 15 20 40 20 (omitted) 9b that is part of a Workers school Males 20 40 20 20 45 30 30 60 30 Females 5 20 15 30 60 30 (omitted) Notes— 1. Workers—a reference in this table, including in these notes, to workers includes a reference to the employer if the employer is at the workplace. 2. Urinals—a urinal need not be provided if the number of male workers is less than 10. 3. Unisex facility—instead of separate facilities for each sex, if not more than 10 persons are workers , a unisex facility comprising 1 closet pan in a cubicle, or room, fitted with a door that gives privacy and is lockable from inside the cubicle or room, and 1 washbasin may be provided.
s 11 53 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 4. Combined facilities—if the majority of workers are of one sex, not more than 2 workers of the other sex may share toilet facilities if— (a) (omitted) (b) the facilities are separated by means of walls, partitions and doors , lockable from inside the facility, to afford privacy. 5. Use of public facilities—sanitary facilities for workers need not be separate from those required for public use in a Class 6 or 9b building that is not part of a school or early childhood centre. 6. (omitted) 7. (omitted) ‘F2.5 Construction of sanitary compartments ‘(a) Other than in an early childhood centre, sanitary compartments must have doors and partitions that separate adjacent compartments and extend— (i) from floor level to the ceiling in the case of a unisex facility mentioned in table F2.3, note 3 ; or (ii) (omitted) (iii) 1.8 m above the floor in all other cases. (b) The door to a fully enclosed sanitary compartment must— (i) open outwards; or (ii) slide; or (iii) be readily removable from the outside of the sanitary compartment; unless there is a clear space of at least 1.2 m between the closet pan within the sanitary compartment and the nearest part of the doorway. (omitted)
s 11 54 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘F2.6 Interpretation—Urinals and washbasins ‘(a) A urinal may be— (i) an individual stall or wall-hung urinal; or (ii) a 600 mm length of a continuous urinal trough; or (iii) a closet pan used in place of a urinal. (b) A washbasin may be— (i) an individual basin; or (ii) a part of a hand washing trough served by a single water tap. ‘Part 2 Ventilation ‘Division 1 Performance requirements ‘FP4.3 ‘A space in the building , used by the worker, must be provided with means of ventilation with outdoor air which will maintain adequate air quality. ‘FP4.4 ‘If a mechanical air-handling system is installed in the building , the system must control— (a) the circulation of objectionable odours; and (b) the accumulation of harmful contamination by micro-organisms, pathogens and toxins. ‘FP4.5 ‘Contaminated air must be disposed of in a manner which does not unduly create a nuisance or hazard to people in the building or other property.
s 11 55 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘Division 2 Certain provisions for complying with performance requirements Note — See also part 3 (Further provisions for complying with performance requirements—definitions, classification of buildings and adoption of standards). ‘A0.5 Meeting the Performance Requirements ‘Compliance with the Performance Requirements can only be achieved by— (a) complying with the Deemed-to-Satisfy Provisions; or (b) formulating an Alternative Solution which— (i) complies with the Performance Requirements; or (ii) is shown to be at least equivalent to the Deemed-to-Satisfy Provisions; or (c) a combination of (a) and (b). ‘F4.0 Deemed-to-Satisfy Provisions ‘(a) Where a Building Solution is proposed to comply with the Deemed-to-Satisfy Provisions, Performance Requirements FP4. 3 to FP4.5 are satisfied by complying with F4. 5 to F4. 9 . (b) (omitted) ‘F4.5 Ventilation of rooms ‘A habitable room, office, shop, factory, workroom, sanitary compartment, bathroom, shower room, laundry and any other room occupied by the worker must have— (a) natural ventilation complying with F4.6; or (b) a mechanical ventilation or air-conditioning system complying with AS 1668.2 and AS/NZS 3666.1. ( omitted)
s 11 56 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘F4.6 Natural ventilation ‘Natural ventilation provided in accordance with F4.5(a) must consist of permanent openings, windows, doors or other devices which can be opened— (a) with an aggregate opening or openable size not less than 5% of the floor area of the room required to be ventilated; and (b) open to— (i) suitably sized court, or space open to the sky; or (ii) an open verandah, carport, or the like; or (iii) an adjoining room in accordance with F4.7. ‘F4.7 Ventilation borrowed from adjoining room ‘Natural ventilation to a room may come through a window, opening, ventilating door or other device from an adjoining room (including an enclosed verandah) if both rooms are within the same sole-occupancy unit or the enclosed verandah is common property, and— (a) in a Class 2 building, a sole-occupancy unit of a Class 3 building or Class 4 part of a building— (i) the room to be ventilated is not a sanitary compartment; and (ii) the window, opening, door or other device has a ventilating area of not less than 5% of the floor area of the room to be ventilated; and (iii) the adjoining room has a window, opening, door or other device with a ventilating area of not less than 5% of the combined floor areas of both rooms; and (b) in a Class 5, 6, 7, 8 or 9 building— (i) the window, opening, door or other device has a ventilating area of not less than 10% of the floor area of the room to be ventilated, measured not more than 3.6 m above the floor; and
s 11 57 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 (ii) the adjoining room has a window, opening, door or other device with a ventilating area of not less than 10% of the combined floor areas of both rooms; and (c) the ventilating areas specified in (a) and (b) may be reduced as appropriate if direct natural ventilation is provided from another source. ‘F4.8 Restriction on position of water closets and urinals ‘A room containing a closet pan or urinal must not open directly into— (a) a kitchen or pantry; or (b) a public dining room or restaurant; or (c) a dormitory in a Class 3 building; or (d) a room used for public assembly (which is not an early childhood centre, primary school or open spectator stand); or (e) a workplace normally occupied by more than one person. ‘F4.9 Airlocks ‘If a room containing a closet pan or urinal is prohibited under F4.8 from opening directly to another room— (a) in a sole-occupancy unit in a Class 2 or 3 building or Class 4 part of a building — (i) access must be by an airlock, hallway or other room; or (ii) the room containing the closet pan or urinal must be provided with mechanical exhaust ventilation; and (b) in a Class 5, 6, 7, 8 or 9 building (which is not an early childhood centre, primary school or open spectator stand)—
s 11 58 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 (i) access must be by an airlock, hallway or other room with a floor area of not less than 1.1 m 2 and fitted with self-closing doors at all access doorways; or (ii) the room containing the closet pan or urinal must be provided with mechanical exhaust ventilation and the doorway to the room adequately screened from view. ‘Part 3 Further provisions for complying with performance requirements—definitions, classification of buildings and adoption of standards ‘A1.1 Definitions ‘In an applied BCA provision, unless the contrary intention appears— (omitted) Aged care building means a Class 9c building for residential accommodation of aged persons who, due to varying degrees of incapacity associated with the ageing process, are provided with personal care services and 24 hour staff assistance to evacuate the building during an emergency. ( omitted ) Allotment see the StandardBuildingRegulation1993, section 5. (omitted) Alternative Solution means a Building Solution which complies with the Performance Requirements other than by reason of satisfying the Deemed-to-Satisfy Provisions.
s 11 59 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 Assembly building means a building where people may assemble for— (a) civic, theatrical, social, political or religious purposes; or (b) educational purposes in a school, early childhood centre, preschool, or the like; or (c) entertainment, recreational or sporting purposes; or (d) transit purposes. (omitted) Atrium means a space within a building that connects 2 or more storeys, and— (a) is wholly or substantially enclosed at the top by a floor or roof (including a glazed roof structure); and (b) includes any adjacent part of the building not separated by an appropriate barrier to fire; but (c) does not include a stairwell, rampwell or the space within a shaft. Atrium well means a space in an atrium bounded by the perimeter of the openings in the floors or by the perimeter of the floors and the external walls. ( omitted ) Building Solution means a solution which complies with the Performance Requirements and is— (a) an Alternative Solution; or (b) a solution which complies with the Deemed-to-Satisfy Provisions; or (c) a combination of (a) and (b). Carpark means a building that is used for the parking of motor vehicles but is neither a private garage nor used for the servicing of vehicles, other than washing, cleaning or polishing. ( omitted )
s 11 60 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 Common wall means a wall that is common to adjoining buildings. (omitted) Deemed-to-Satisfy Provisions means provisions which are deemed to satisfy the Performance Requirements. ( omitted ) Detention centre means a building in which persons are securely detained by means of the built structure including a prison, remand centre, juvenile detention centre, holding cells or psychiatric detention centre. Early childhood centre means a preschool, kindergarten or child-minding centre. ( omitted ) Equivalent means equivalent to the level of health and safety (words omitted) provided by the Deemed-to-Satisfy Provisions. ( omitted ) External wall means an outer wall of a building which is not a common wall. ( omitted ) Floor area means— (omitted) (c) in relation to a room—the area of the room measured within the finished surfaces of the walls, and includes the area occupied by any cupboard or other built-in furniture, fixture or fitting; and (omitted) Habitable room means a room used for normal domestic activities, and— (a) includes a bedroom, living room, lounge room, music room, television room, kitchen, dining room, sewing room, study, playroom, family room and sunroom; but
s 11 61 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 (b) excludes a bathroom, laundry, water closet, pantry, walk-in wardrobe, corridor, hallway, lobby, photographic darkroom, clothes-drying room, and other spaces of a specialised nature occupied neither frequently nor for extended periods. Health-care building means a building whose occupants or patients undergoing medical treatment generally need physical assistance to evacuate the building during an emergency and includes— (a) a public or private hospital; and (b) a nursing home or similar facility for sick or disabled persons needing full-time care; and (c) a clinic, day surgery or procedure unit where the effects of the predominant treatment administered involve patients becoming non-ambulatory and requiring supervised medical care on the premises for some time after the treatment. ( omitted ) Mezzanine means an intermediate floor within a room. ( omitted ) Other property means all or any of the following— (a) any building on the same or an adjoining allotment; and (b) any adjoining allotment; and (c) a road. Outdoor air means air outside the building. ( omitted ) Owner see the Building Act 1975, section 3(1). (omitted) Performance Requirement means a requirement which states the level of performance which a Building Solution must meet. Personal care services means any of the following— (a) The provision of nursing care.
s 11 62 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 (b) Assistance or supervision in— (i) bathing, showering or personal hygiene; or (ii) toileting or continence management; or (iii) dressing or undressing; or (iv) consuming food. (c) The provision of direct physical assistance to a person with mobility problems. (d) The management of medication. (e) The provision of substantial rehabilitation or development assistance. ( omitted ) Private garage means— (a) any garage associated with a Class 1 building; or (b) any single storey of a building of another Class capable of accommodating not more than 3 vehicles, if there is only one such storey in the building; or (c) any separate single storey garage associated with another building where such garage is capable of accommodating not more than 3 vehicles. ( omitted ) Required means required to satisfy a performance requirement or a Deemed-to-Satisfy Provision of the BCA as appropriate. (omitted) Road see the Standard Building Regulation 1993, section 5. ( omitted ) Sanitary compartment means a room or space containing a closet pan or urinal. ( omitted ) School includes a primary or secondary school, college, university or similar educational establishment.
s 11 63 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 Self-closing , applied to a door, means equipped with a device which returns the door to the fully closed position immediately after each opening. Service station means a garage which is not a private garage and is for the servicing of vehicles, other than only washing, cleaning or polishing. Shaft means the walls and other parts of a building bounding— (a) a well, other than an atrium well; or (b) a vertical chute, duct or similar passage, but not a chimney or flue. ( omitted ) Sole-occupancy unit means a room or other part of a building for occupation by one or joint owner, lessee, tenant, or other occupier to the exclusion of any other owner, lessee, tenant, or other occupier and includes— (a) a dwelling; and (b) a room or suite of rooms in a Class 3 building which includes sleeping facilities; and (c) a room or suite of associated rooms in a Class 5, 6, 7, 8 or 9 building; and (d) a room or suite of associated rooms in a Class 9c aged care building, which includes sleeping facilities and any area for the exclusive use of a resident. ( omitted ) Storey means a space within a building which is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but not— (a) a space that contains only— (i) a lift shaft, stairway or meter room; or (ii) a bathroom, shower room, laundry, water closet, or other sanitary compartment; or (iii) accommodation intended for not more than 3 vehicles; or
s 11 64 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 (iv) a combination of the above; or (b) a mezzanine. ( omitted ) Swimming pool means any excavation or structure containing water and used primarily for swimming, wading, paddling, or the like, including a bathing or wading pool, or spa. ( omitted ) Window includes a roof light, glass panel, glass block or brick, glass louvre, glazed sash, glazed door, or other device which transmits natural light directly from outside a building to the room concerned when in the closed position. ‘A1.2 Adoption of standards and other reference ‘Where a Deemed-to-Satisfy Provision adopts a Standard, rule, specification or provision included in any document issued by Standards Australia or other body, that adoption does not include a provision— (a) specifying or defining the respective rights, responsibilities or obligations as between themselves or any manufacturer, supplier or purchaser; or (b) specifying the responsibilities of any trades person or other building operative, architect, engineer, authority, or other person or body; or (c) requiring the submission for approval of any material, building component, form or method of construction, to any person, authority or body other than a person or body empowered under State or Territory legislation to give that approval; or (d) specifying that a material, building component, form or method of construction must be submitted to Standards Australia or a committee of Standards Australia for expression of opinion; or (e) permitting a departure from the code, rule, specification or provision at the sole discretion of the manufacturer or
s 11 65 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 purchaser, or by arrangement or agreement between the manufacturer and purchaser. ‘A1.3 Referenced Standards, etc ‘(a) A reference in a Deemed-to-Satisfy Provision to a document under A1.2 refers to the edition or issue, together with any amendment, listed in Specification A1.3 and only so much as is relevant in the context in which the document is quoted. (b) Any— (i) reference in a document listed in Specification A1.3 (primary document) to another document (secondary document); and (ii) subsequent references to other documents in secondary documents and those other documents; is a reference to the secondary and other documents as they existed at the time of publication of the primary document listed in Specification A1.3. ‘A1.4 Differences between referenced documents and applied BCA provisions ‘An applied BCA provision overrules in any difference arising between it and any Standard, rule, specification or provision in a document listed in Specification A1.3.
s 11 66 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 SPECIFICATION ‘A1.3 DOCUMENTS ADOPTED BY REFERENCE 1. Schedule of referenced documents ( omitted ) Table 1: SCHEDULE OF REFERENCED DOCUMENTS No. Date Title BCA Clause(s) ( omitted ) AS 1668 The use of mechanical ventilation and airconditioning in buildings Part 2 1991 Mechanical ventilation F4.5 for acceptable (omitted) indoor-air quality ( omitted ) AS/NZS 3666 Air-handling and water systems of buildings—Microbial control Amdt No. 11 Part 1 2002 Design, installation (omitted) and commissioning F4.5 ( omitted ) ‘A3.2 Classifications ‘Buildings are classified as follows—
s 11 67 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 Class 1—one or more buildings which in association constitute— (a) Class 1a —a single dwelling being— (i) a detached house; or (ii) one or more attached dwellings, each being a building, separated by a wall that is fire resistant , including a row house, terrace house, town house or villa unit; or (b) Class 1b —a boarding house, guest house, hostel or the like with a total floor area not exceeding 300 m 2 and in which not more than 12 persons would ordinarily be resident; which is not located above or below another dwelling or another Class of building other than a private garage. Class 2—a building containing 2 or more sole-occupancy units each being a separate dwelling. Class 3—a residential building, other than a building of Class 1 or 2, which is a common place of long term or transient living for a number of unrelated persons, including— (a) a boarding-house, guest house, hostel, lodging-house or backpackers accommodation; or (b) a residential part of a hotel or motel; or (c) a residential part of a school; or (d) accommodation for the aged, children or people with disabilities; or (e) a residential part of a health-care building which accommodates members of staff; or (f) a residential part of a detention centre. Class 4—a dwelling in a building that is Class 5, 6, 7, 8 or 9 if it is the only dwelling in the building. Class 5—an office building used for professional or commercial purposes, excluding buildings of Class 6, 7, 8 or 9.
s 11 68 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 Class 6—a shop or other building for the sale of goods by retail or the supply of services direct to the public, including— (a) an eating room, cafe, restaurant, milk or soft-drink bar; or (b) a dining room, bar, shop or kiosk part of a hotel or motel; or (c) a hairdresser’s or barber’s shop, public laundry, or undertaker’s establishment; or (d) market or sale room, showroom, or service station. Class 7—a building which is— (a) Class 7a —a carpark; or (b) Class 7b —for storage, or display of goods or produce for sale by wholesale. Class 8—a laboratory, or a building in which a handicraft or process for the production, assembling, altering, repairing, packing, finishing, or cleaning of goods or produce is carried on for trade, sale, or gain. Class 9 (words omitted) Class 9— a building of a public nature— (a) Class 9a —a health-care building , including those parts of the building set aside as a laboratory; or (b) Class 9b —an assembly building, including a trade workshop, laboratory or the like in a primary or secondary school, but excluding any other parts of the building that are of another Class; or (c) Class 9c —an aged care building. Class 10—a non-habitable building or structure— (a) Class 10a —a non-habitable building being a private garage, carport, shed, or the like; or
s 11 69 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 (b) Class 10b — a structure being a fence, mast, antenna, retaining or free-standing wall, swimming pool, or the like. ‘A3.3 Multiple classification ‘Each part of a building must be classified separately, and— ( a) (i) where parts have different purposes—if not more than 10% of the floor area of a storey, being the minor use, is used for a purpose which is a different classification, the classification applying to the major use may apply to the whole storey; and (ii) the provisions of (i) do not apply when the minor use is a laboratory or Class 2, 3 or 4 part of a building ; and (b) Classes 1a, 1b, 7a, 7b, 9a, 9b, 9c, 10a and 10b are separate classifications; and (c) a reference to— (i) Class 1—is to Class 1a and 1b; and (ii) Class 7—is to Class 7a and 7b; and (iii) Class 9—is to Class 9a, 9b and 9c; and (iv) Class 10—is to Class 10a and 10b; and (d) A plant room, machinery room, lift motor room, boiler room or the like must have the same classification as the part of the building in which it is situated. ‘A3.4 Parts with more than one classification ‘(a) Notwithstanding A3.3, a building or part of a building may have more than one classification applying to the whole building or to the whole of that part of the building. (b) If a building or part of a building has more than one classification applying to the whole building or part in accordance with (a), that building or part must comply
s 11 70 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 with all the relevant provisions of the applied BCA provisions for each classification. ‘Logo of the Australian Building Codes Board
s 11 71 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘Schedule 8F Applied QDC provisions schedule 8C, section 3(4)(b) ‘Part 1 Performance criteria and acceptable solutions ‘Division 1 Dining facilities PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS Dining Facilities P6 Where the nature of work A6 (a) A dining room is made performed does not allow reasonably available , except the worker to eat in the where there are five or less worker’s work area, workers , a dining area may be suitable dining facilities made reasonably available ; or must be made reasonably (b) for shops situated in a shopping available in safe and complex— hygienic conditions. (i) one dining room is used to satisfy the requirements of all the shops in the complex; and (ii) the dining room area is based on the total persons, to whom a dining room must be available under performance requirement P6, of all the shops in the complex.
s 11 72 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS P7 A dining room or dining A7 A dining room or dining area has area must provide the following facilities— adequate facilities for (a) a sink with a draining board and eating, washing and reticulated hot and cold water; cleaning of utensils, and storage of food and (b) cupboards for the storage of utensils. foodstuffs, free of dust and Stored food and utensils vermin; and must be kept free from (c) tables providing 600 mm table contamination by dust length per worker and a chair and vermin. or stool with back support ; and (d) on or after 1 July 2005, a refrigerator of adequate capacity for the number of workers. P8 Dining rooms must be of A8 (a) The minimum floor area of a an adequate area to dining room is— provide a safe and (i) for 6-12 workers —11 m 2 ; comfortable environment, and appropriate to the number (ii) for additional workers up of workers using it at any to 25—an additional one time. 0.92 m 2 for each worker ; and (iii) for additional workers thereafter—an additional 0.75 m 2 for each worker.
s 11 73 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘Division 2 Dressing room facilities PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS Dressing Room Facilities P9 (words omitted) Where A9 (a) The minimum unencumbered the nature of work floor area of a dressing room is requires the worker to 1.8 m 2 per worker ; and change in and out of (b) an additional unencumbered area apparel, dressing rooms is provided in the dressing room, of adequate area, dependant on the occupation of containing sufficient each worker as follows— facilities and that provide (i) For sedentary or adequate privacy must be semi-sedentary made reasonably occupations—0.37 m 2 per available. worker; (ii) For light to medium and clean occupations—0.46 m 2 per worker; (iii) For heavy, hot or dirty occupations—0.65 m 2 per worker ; and (c) on or after 1 July 2005, the dressing room is provided with lockers that are not less than 300 mm wide and 450 mm deep and 900 mm in height; and (d) passage widths between facing lockers are— (i) at least 1500 mm; or (ii) with lockers on one side only—at least 900 mm; and (e) a dressing room is provided for each sex; and (f) dressing rooms are set apart from workrooms (words omitted) ; and (g) (omitted)
s 11 74 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS (h) for fifteen or less workers , all of the same sex, a dining room may be combined with a dressing room; and (i) where a dressing room is combined with a dining room— (i) the area complies with A7, A8 and A9; and (ii) the dining room is provided with— (A) on or after 1 July 2005, a locker for each worker ; and (B) on or after 1 July 2005, protective hanging space for clothing; and (C) omitted (D) on or after 1 July 2005, mirrors and shelving; and (E) (omitted) ‘Division 3 Drinking water PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS Drinking water P10 An adequate supply of A10 (a) Drinking water is made clean , cool and potable reasonably available in all of the drinking water must be worker’s work situations ( words made reasonably omitted ); and available . (omitted)
s 11 75 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS (d) where there are more than 10 workers , drinking fountains are provided in the following numbers— (i) 11 to 40 workers —1 drinking fountain; and (ii) for each additional 40 workers (or part thereof)—1 additional drinking fountain. ‘Division 4 Lighting PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS Lighting P4 Adequate lighting from A4 Lighting complies with AS 1680. 1 natural and/or artificial sources must be provided to ensure healthy (words omitted) working conditions for the worker , appropriate to— (a) the nature of the work; and (b) the location of the work; and (c) the times at which the work is performed. 1 AS 1680 (Interior lighting)
s 11 76 s 11 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 ‘Division 5 Floor area and air space PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS Work Areas P5 Adequate work areas and A5 A workplace has a minimum air space must be made unencumbered floor area of 2.3 m 2 reasonably available to for each worker . allow suitable standards of health and safety for the worker . ‘Part 2 Other provisions for complying with performance criteria ‘ Satisfying the performance criteria ‘(words omitted) Compliance with the performance criteria can only be achieved by— (a) complying with the acceptable solutions; or (b) formulating an alternative solution that satisfies the performance criteria or is shown to be at least equivalent to the acceptable solutions; or (c) a combination of (a) and (b). (omitted) ‘ Definitions ‘(omitted) Dining area —a sheltered area where workers may have lunch or take other breaks.
s 12 77 s 12 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 Dining room — a room or sheltered place where workers may have lunch or take other breaks. Dressing room — a room used for changing clothes. Floor area — excludes the area of any item positioned on the floor. (omitted) Heavy, hot or dirty occupations —work in foundries, steel fabrication, sand blasting, spray painting and the like. (omitted) Light to medium and clean occupations —work in offices, retail stores, and the like. (omitted) Sedentary occupations — work requiring a sitting position. Semi-sedentary occupations — work requiring a sitting or standing position eg retail store workers. (omitted) Unencumbered — clear circulation space with no fixtures or fittings intruding within the space. (omitted) . Workrooms —means any part of a workplace contained in a building partitioned off by any means or set aside in which a worker is required to work.’. 12 Amendment of sch 9 (Dictionary) Schedule 9— insert — ‘ agreement , for part 23, division 4, see section 235. applied BCA provision see schedule 8C, section 2. applied QDC provision see schedule 8C, section 2. BCA see schedule 8C, section 2.
s 13 78 s 13 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 building , for part 21A, part 23, division 4 and schedules 8C, 8D, 8E or 8F, see the Building Act 1975 , section 3(1). 62 Building Code of Australia see schedule 8C, section 2. class , in relation to a building, means the class of the building under schedule 8E, part 3, sections A3.2, A3.3 and A3.4. construction person , for schedule 8A, see schedule 8A, section 1. formerly complying amenity , for part 23, division 4, see section 235. formerly complying dressing room , for part 23, division 4, see section 235. formerly complying lunch room , for part 23, division 4, see section 235. formerly complying toilet , for part 23, division 4, see section 235. QDC see schedule 8C, section 2. Queensland Development Code see schedule 8C, section 2. reasonably available , for part 21 and schedules 8A, 8B, 8C, 8E and 8F, see section 216.’. Part 3 Amendment of State Penalties Enforcement Regulation 2000 13 Regulation amended in pt 3 This part amends the State Penalties Enforcement Regulation2000. 62 Building Act 1975 , section 3(1)— building means a fixed structure that is wholly or partly enclosed by walls and is roofed, and includes a floating building and any part of a building.
s 14 79 s 14 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 14 Amendment of sch 5 (Other legislation) (1) Schedule 5, entry for the WorkplaceHealthandSafetyRegulation 1997 , entries for sections 217 to 222(2)— omit . (2) Schedule 5, entry for the WorkplaceHealthandSafetyRegulation 1997— insert— ‘s 54A(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 220(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 220(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 222(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 223(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 223(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 223(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 225(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 225(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sch 8A, s 2(1). . . . . . . . . . . . . . . . . . . . . . . . . sch 8A, s 5(1). . . . . . . . . . . . . . . . . . . . . . . . . sch 8A, s 6(1). . . . . . . . . . . . . . . . . . . . . . . . . sch 8A, s 7(1). . . . . . . . . . . . . . . . . . . . . . . . . sch 8B, s 1(1) . . . . . . . . . . . . . . . . . . . . . . . . . sch 8B, s 3(1) . . . . . . . . . . . . . . . . . . . . . . . . . sch 8B, s 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . sch 8B, s 5(1) . . . . . . . . . . . . . . . . . . . . . . . . . sch 8C, s 7(1) . . . . . . . . . . . . . . . . . . . . . . . . . sch 8C, s 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . sch 8C, s 10(1) . . . . . . . . . . . . . . . . . . . . . . . . sch 8C, s 10(2) . . . . . . . . . . . . . . . . . . . . . . . . sch 8C, s 16(1) . . . . . . . . . . . . . . . . . . . . . . . . sch 8C, s 20 . . . . . . . . . . . . . . . . . . . . . . . . . . sch 8C, s 22(1) . . . . . . . . . . . . . . . . . . . . . . . . sch 8C, s 24 . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5
s 14 80 s 14 Workplace Health and Safety Amendment Regulation No. 290, 2004 (No. 3) 2004 sch 8C, s 25(2) . . . . . . . . . . . . . . . . . . . . . . . . sch 8C, s 27(1) . . . . . . . . . . . . . . . . . . . . . . . . sch 8C, s 28(1) . . . . . . . . . . . . . . . . . . . . . . . . sch 8C, s 29(1) . . . . . . . . . . . . . . . . . . . . . . . . sch 8C, s 30 . . . . . . . . . . . . . . . . . . . . . . . . . . sch 8C, s 31(2) . . . . . . . . . . . . . . . . . . . . . . . . sch 8D, s 2(3). . . . . . . . . . . . . . . . . . . . . . . . . sch 8D, s 4(3). . . . . . . . . . . . . . . . . . . . . . . . . sch 8D, s 5(3). . . . . . . . . . . . . . . . . . . . . . . . . 3 3 3 3 3 3 3 3 3 5 5 5 5 5 5 5 5 5’. ENDNOTES 1 Made by the Governor in Council on 16 December 2004. 2 Notified in the gazette on 17 December 2004. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Industrial Relations. © State of Queensland 2004
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