Workplace Health and Safety Amendment Regulation (No. 5) 2002 (Qld)

Queensland Subordinate Legislation 2002 No. 232 Workplace Health and Safety Act 1995 WORKPLACE HEALTH AND SAFETY AMENDMENT REGULATION (No. 5) 2002 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 65M (Work method statement to be prepared and given) . 3 5 Amendment of s 75K (General induction evidence must be held before work starts). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of s 170 (Ways to prevent or minimise risk prescribed) . . . . . . 4 7 Amendment of s 175 (Risk from all excavations). . . . . . . . . . . . . . . . . . . . . 4 8 Amendment of s 181 (Definitions for pt 18) . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Amendment of s 184 (Risk of fall of at least 3 m in housing construction work and 2.4 m in other work or work on roof with a pitch of more than 26º) ............................................... 4 10 Amendment of s 185 (Edge protection) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 11 Amendment of s 188 (Fall-arrest harness system) . . . . . . . . . . . . . . . . . . . . 5 12 Amendment of s 195 (Application of div 7) . . . . . . . . . . . . . . . . . . . . . . . . . 5 13 Amendment of s 199 (Definitions for pt 19) . . . . . . . . . . . . . . . . . . . . . . . . . 6 14 Amendment of s 204 (Additional control measures if measured angle is 75º or more). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 15 Replacement of s 205 (Additional control measures for demolition work or work erecting or dismantling formwork) . . . . . . . . . . . . . . . . . . . . . . . . . 6 205 Additional control measures for demolition work or work erecting or dismantling formwork . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2 Workplace Health and Safety Amendment Regulation No. 232, 2002 (No. 5) 2002 16 Amendment of s 207 (Gantry). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Amendment of s 208 (Load lifted over adjoining area) . . . . . . . . . . . . . . . . 18 Amendment of s 211 (Risk assessment and control measures). . . . . . . . . . . 19 Replacement of s 212 (Control measure to be in place and monitored and reviewed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212 Control measure to be in place and monitored and reviewed . . . . . . 20 Amendment of sch 5 (Prescribed occupations). . . . . . . . . . . . . . . . . . . . . . . 21 Amendment of sch 9 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 8 8 8 9 9

s1 3 s5 Workplace Health and Safety Amendment Regulation No. 232, 2002 (No. 5) 2002 1 Short title This regulation may be cited as the Workplace Health and Safety Amendment Regulation (No. 5) 2002 . 2 Commencement (1) Sections 3, 4 and 6 to 21 commence on 1 September 2002 immediately after the commencement of the Workplace Health and SafetyAmendment Regulation (No. 3) 2002 , section 3 . (2) Section 5 commences on 1 January 2003 immediately after section 75K is inserted into the WorkplaceHealthandSafetyRegulation 1997 by the WorkplaceHealthandSafetyAmendmentRegulation (No. 3) 2002 , section 8 . 3 Regulation amended This regulation amends the WorkplaceHealthandSafetyRegulation 1997. 4 Amendment of s 65M (Work method statement to be prepared and given) Section 65M(2)(a)(ii)— omit, insert— ‘(ii) if the activity is demolition work—the requirements of AS 2601; 1 and’. 5 Amendment of s 75K (General induction evidence must be held before work starts) (1) Section 75K(2), penalty— omit, insert— ‘Maximum penalty—30 penalty units.’. (2) Section 75K(3), penalty— 1 AS 2601 (Demolition of structures)

s 6 4 s 10 Workplace Health and Safety Amendment Regulation No. 232, 2002 (No. 5) 2002 omit, insert— ‘Maximum penalty for subsection (3)—30 penalty units.’. 6 Amendment of s 170 (Ways to prevent or minimise risk prescribed) Section 170, ‘, other than section 175,’— omit. 7 Amendment of s 175 (Risk from all excavations) Section 175(1), penalty— omit. 8 Amendment of s 181 (Definitions for pt 18) Section 181, definition “permitted work” , paragraph (b), ‘vertical’— omit. 9 Amendment of s 184 (Risk of fall of at least 3 m in housing construction work and 2.4 m in other work or work on roof with a pitch of more than 26º) Section 184, heading, ‘ and ’— omit, insert— ‘ or ’. 10 Amendment of s 185 (Edge protection) (1) Section 185(3)(a), ‘and not more than 1100 mm’— omit. (2) Section 185(4), ‘consists of rails or partly of’— omit, insert— ‘has’.

s 11 5 s 12 Workplace Health and Safety Amendment Regulation No. 232, 2002 (No. 5) 2002 11 Amendment of s 188 (Fall-arrest harness system) (1) Section 188(2), after ‘system’— insert— ‘, other than an anchorage point supporting a static line,’. (2) Section 188(6) to (9), (10) and (11)— renumber as section 188(7) to (10), (12) and (13). (3) Section 188(5)— omit, insert— ‘ (5) The system must be installed in accordance with the instructions of— (a) if the system’s manufacturer or supplier has given instructions about its installation—the manufacturer or supplier; and (b) to the extent the system’s manufacturer or supplier has not given instructions—an engineer or competent person. ‘ (6) The system must be maintained in accordance with the instructions of— (a) if the system’s manufacturer or supplier has given instructions about its maintenance—the manufacturer or supplier; and (b) to the extent the system’s manufacturer or supplier has not given instructions—an engineer or competent person.’. (4) Section 188(8) as renumbered, ‘subsection (6)’— omit, insert — ‘subsection (7)’. (5) Section 188— insert— ‘ (11) If the system has been used to arrest a fall, the system must not be used again unless its manufacturer or a competent person has inspected it and decided that it is fit for safe use.’. 12 Amendment of s 195 (Application of div 7) Section 195, ‘construction’—

s 13 6 s 15 Workplace Health and Safety Amendment Regulation No. 232, 2002 (No. 5) 2002 omit, insert— ‘construction-type’. 13 Amendment of s 199 (Definitions for pt 19) Section 199, definition “perimeter containment screening” — omit, insert— ‘ “perimeter containment screening” means a screen designed to stop objects falling from a level of a building onto members of the public that is made of— (a) timber, plywood or metal sheeting; or (b) mesh, made of at least 2.5 mm diameter steel, with openings of no more than 1500 mm 2 .’. 14 Amendment of s 204 (Additional control measures if measured angle is 75 º or more) (1) Section 204, heading, after ‘ more ’— insert— ‘ , other than for demolition work or work erecting or dismantling formwork ’. (2) Section 204(3)— omit, insert — ‘ (3) This section does not apply to— (a) demolition work; or (b) work erecting or dismantling formwork, including a structure installed to support formwork, on or for a building.’. 15 Replacement of s 205 (Additional control measures for demolition work or work erecting or dismantling formwork) Section 205— omit, insert—

s 15 7 s 15 Workplace Health and Safety Amendment Regulation No. 232, 2002 (No. 5) 2002 ‘205 Additional control measures for demolition work or work erecting or dismantling formwork ‘ (1) This section applies to work to which this division applies that is— (a) demolition work; or (b) work erecting or dismantling formwork on or for a building. ‘ (2) The principal contractor, employer or self-employed person must ensure that— (a) the adjoining area is closed under section 209 at least to the extent necessary to prevent objects falling on or otherwise hitting members of the public in the adjoining area; or (b) perimeter containment screening is erected along each part of the building from which an object could fall on members of the public in the adjoining area during the work. ‘ (3) However, if the work is demolition work, the principal contractor, employer or self-employed person must ensure that a control measure other than a control measure mentioned in subsection (2) is implemented to prevent objects falling on or otherwise hitting members of the public in the adjoining area if— (a) the adjoining area can not be closed under subsection (2)(a) because the person who controls the area withholds written approval to close the area; and (b) perimeter containment screening can not be erected under subsection (2)(b). ‘ (4) Perimeter containment screening erected under subsection (2)(b) must prevent an object that may reasonably be expected to hit it from falling from the level on which work is being done. ‘ (5) If the principal contractor, employer or self-employed person erects perimeter containment screening under subsection (2)(b), or extends or reduces perimeter containment screening erected under subsection (2)(b), the principal contractor, employer or self-employed person must implement control measures to prevent a component of the screening falling on members of the public in the adjoining area while the screening is being erected, extended or reduced. ‘ (6) In this section— “formwork” includes a structure installed to support formwork.’.

s 16 8 s 19 Workplace Health and Safety Amendment Regulation No. 232, 2002 (No. 5) 2002 16 Amendment of s 207 (Gantry) Section 207(1)(a) and (b), ‘per m 2 ’— omit. 17 Amendment of s 208 (Load lifted over adjoining area) Section 208(3), example, from ‘not’— omit, insert— ‘ the greater of the following— (a) if the force applied by the pallet and components is less than or equal to 10 kPa—10 kPa; and (b) if the force applied by the pallet and components is greater than 10 kPa—the force applied by the pallet and components. ’. 18 Amendment of s 211 (Risk assessment and control measures) Section 211(3)(d), ‘section 205(2) to (4)’— omit, insert— ‘section 205(2)(b) and (4)’. 19 Replacement of s 212 (Control measure to be in place and monitored and reviewed) Section 212— omit, insert— ‘212 Control measure to be in place and monitored and reviewed ‘ (1) This section applies if— (a) a provision (the “original provision” ) of part 17, 18 or 19 requires a principal contractor, employer or self-employed person to implement a control measure for a risk before particular work starts; and (b) a control measure (the “original control measure” ) is implemented in accordance with the original provision.

s 20 9 s 21 Workplace Health and Safety Amendment Regulation No. 232, 2002 (No. 5) 2002 ‘ (2) The principal contractor, employer or self-employed person must ensure that while the risk exists, an effective control measure for the risk is in place. Maximum penalty—40 penalty units. ‘ (3) If the original control measure was chosen from a number of control measures that were available under this regulation to be implemented for the risk (the “available control measures” ), a control measure in place for the risk is an effective control measure for the risk only if it was chosen from the available control measures. ‘ (4) If the original control measure is the only control measure that was available under this regulation to be implemented for the risk, only the original control measure is an effective control measure for the risk. ‘ (5) The principal contractor, employer or self-employed person must monitor and review the effectiveness of a control measure in place for the risk unless the control measure is an effective control measure because of subsection (3) or (4). Maximum penalty—40 penalty units. ‘ (6) In this section— “effective control measure” , for a risk, means a control measure that is effective to prevent, or minimise the level of, exposure to the risk.’. 20 Amendment of sch 5 (Prescribed occupations) Schedule 5, item 7, after ‘scaffolding’— insert— ‘from which a person or thing may fall more than 4 m’. 21 Amendment of sch 9 (Dictionary) (1) Schedule 9, definition “general induction card” — omit, insert— ‘ “general induction card” means a document in the form of a card issued by the department evidencing a person’s successful completion of the general induction training course and that includes—

s 21 10 s 21 Workplace Health and Safety Amendment Regulation No. 232, 2002 (No. 5) 2002 (a) the name of the registered training organisation that provided the general induction training course; and (b) the national provider code for the registered training organisation issued by the department that administers the TrainingandEmployment Act 2000 ; and (c) the course number and name; and (d) the name and signature of the person to whom the card was issued; and (e) the signature of— (i) the person who conducted the general induction training course; or (ii) a person signing for the person mentioned in subparagraph (i); and (f) the date the card was issued.’. (2) Schedule 9, definition “general induction evidence” , paragraph (c), after ‘induction given’— insert— ‘under the repealed section 164 of the WorkplaceHealthandSafety(Miscellaneous) Regulation 1995 , or’. (3) Schedule 9, definition “light work” , examples of work that is not light work, first dot point— omit, insert— ‘ • fixing plaster board sheeting to an internal stairwell void • fixing cladding to a gable end of a roof ’. (4) Schedule 9, definition “scaffolding” — omit, insert— ‘ “scaffolding” means a temporary structure, not including a trestle ladder, supporting a platform used to perform work.’.

11 Workplace Health and Safety Amendment Regulation No. 232, 2002 (No. 5) 2002 ENDNOTES 1. Made by the Governor in Council on 29 August 2002. 2. Notified in the gazette on 30 August 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Industrial Relations. © State of Queensland 2002