Workplace Health and Safety Legislation Amendment Regulation (No. 1) 1999 (Qld)

Queensland Subordinate Legislation 1998 No. 110 Workplace Health and Safety Act 1995 WORKPLACE HEALTH AND SAFETY LEGISLATION AMENDMENT REGULATION (No. 1) 1999 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2—AMENDMENT OF WORKPLACE HEALTH AND SAFETY (MISCELLANEOUS) REGULATION 1995 3 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Omission of s 59A (Appeal against decision of Authority) . . . . . . . . . . . . . 4 5 Amendment of s 65 (Access must comply with Standards Australia standard and be kept clear) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Omission of pts 12–16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Omission of ss 151–153 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Amendment of s 154 (Exhaust ventilation for protective booth) . . . . . . . . . 5 9 Omission of s 155 (Prohibited substances) . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10 Amendment of s 170 (Expiry of regulation) . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 3—AMENDMENT OF WORKPLACE HEALTH AND SAFETY REGULATION 1997 11 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12 Amendment of pt 13 (Hazardous substances) . . . . . . . . . . . . . . . . . . . . . . . . 6 Division 5—Spray painting with hazardous substances 115A Ways to prevent or minimise risk prescribed . . . . . . . . . . . . . . . . . . 6

2 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 115B Manufacturing or importing a spray painting booth . . . . . . . . . . . . . 7 115C Supplying a spray painting booth . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 115D Protecting persons from spray painting . . . . . . . . . . . . . . . . . . . . . . . 8 115E Spray painting to be done in spray painting booth . . . . . . . . . . . . . . 9 115F Controlling exposure from spray painting . . . . . . . . . . . . . . . . . . . . . 10 115G Maintaining a spray painting booth . . . . . . . . . . . . . . . . . . . . . . . . . . 10 115H Minimum air movement for booths . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13 Insertion of new pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 PART 16—ELECTRICAL EQUIPMENT AND INSTALLATIONS Division 1—General obligation 146 Ways to prevent or minimise risk prescribed . . . . . . . . . . . . . . . . . . 12 Division 2—Any work 147 Who division applies to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 148 Cord extension sets and flexible cables . . . . . . . . . . . . . . . . . . . . . . . 13 149 Overhead electric lines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 3—Class 1 work 150 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 151 Who division applies to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 152 Double adaptors and piggyback plugs prohibited . . . . . . . . . . . . . . . 15 153 Specified electrical equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 154 Portable residual current devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 155 Construction wiring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 4—Class 2 work 156 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 157 Who division applies to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 158 Double adaptors and piggyback plugs prohibited . . . . . . . . . . . . . . . 18 159 Specified electrical equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 160 Residual current devices, including portable devices . . . . . . . . . . . 20 Division 5—Class 3 or 4 work 161 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 162 Who division applies to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 163 Specified electrical equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

3 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 164 Residual current devices, including portable devices . . . . . . . . . . . 22 Division 6—Hire electrical equipment 165 Who division applies to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 166 Hiring electrical equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 14 Amendment of pt 16 (Miscellaneous) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 15 Replacement of sch 1 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 SCHEDULE 1 FEES 1 Registration, or renewal of registration, of registrable workplace . . 25 2 Notification of building and construction work . . . . . . . . . . . . . . . . . 26 3 Registration of, or renewal of registration of, registrable plant . . . . 26 4 Registration of registrable plant design . . . . . . . . . . . . . . . . . . . . . . . 27 5 Certificates—prescribed occupations and workplace health and safety officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 6 Appointment and reappointment of accredited providers . . . . . . . . . 29 16 Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

s1 4 s4 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Workplace Health and Safety Legislation Amendment Regulation (No. 1) 1999 . ˙ Commencement 2.(1) Section 8 commences on 29 June 1999. (2) Section 12(3) and (4) commences on 1 January 2000. (3) Section 15 commences on 1 February 2000. (4) The remainder of this regulation commences on 1 July 1999. PART 2—AMENDMENT OF WORKPLACE HEALTH AND SAFETY (MISCELLANEOUS) REGULATION 1995 ˙ Regulation amended in pt 2 3. This part amends the Workplace Health and Safety (Miscellaneous)Regulation 1995 . ˙ Omission of s 59A (Appeal against decision of Authority) 4. Section 59A— omit.

s5 5 s9 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 ˙ Amendment of s 65 (Access must comply with Standards Australia standard and be kept clear) 5.(1) Section 65, heading— omit, insert— ‘ Access must be kept clear ’. (2) Section 65(1)— omit, insert— ‘ 65.(1) An employer or self-employed person must ensure access at the employer’s or self-employed person’s workplace is kept clear of obstacles at all times. Maximum penalty—30 penalty units.’. ˙ Omission of pts 12–16 6. Parts 12 to 16— omit. ˙ Omission of ss 151–153 7. Sections 151 to 153— omit. ˙ Amendment of s 154 (Exhaust ventilation for protective booth) 8. Section 154— insert— ‘ (2) This section expires on 31 December 1999.’. ˙ Omission of s 155 (Prohibited substances) 9. Section 155— omit.

s 10 6 s 12 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 ˙ Amendment of s 170 (Expiry of regulation) 10. Section 170, ‘1999’— omit, insert— ‘2000’. PART 3—AMENDMENT OF WORKPLACE HEALTH AND SAFETY REGULATION 1997 ˙ Regulation amended in pt 3 11. This part amends the Workplace Health and Safety Regulation 1997 . ˙ Amendment of pt 13 (Hazardous substances) 12.(1) Section 107(3)(c), after ‘when’— insert— ‘there is a risk of’. (2) After division 4— insert— ‘ Division 5—Spray painting with hazardous substances ˙ ‘ Ways to prevent or minimise risk prescribed ‘ 115A.(1) Sections 115B to 115G prescribe ways of preventing or minimising exposure to the risk of exposure to a hazardous substance used in or for spray painting in the circumstances mentioned in the sections. ‘ (2) However, the sections do not deal with all circumstances that expose someone to the risk of exposure to a hazardous substance from spray painting. ‘ (3) A person may discharge the person’s workplace health and safety obligation for exposure to the risk in the circumstances mentioned in the

s 12 7 s 12 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 sections only by following the prescribed ways. ‘ (4) See section 24 1 of the Act for the penalty for failing to discharge the obligation. ˙ ‘ Manufacturing or importing a spray painting booth ‘ 115B.(1) This section applies to a manufacturer or importer of spray painting booth— (a) for use at a workplace; and (b) in which a hazardous substance is likely to be used. Examples of hazardous substances for subsection (1)(b)— Enamels, lacquers, powders, solvents, varnishes. ‘ (2) The manufacturer or importer must ensure the booth— (a) is constructed to be safe and without risk to health when used properly; and (b) is able to prevent or control the escape of a hazardous substance that might be a risk to health; and (c) undergoes appropriate testing and examination to ensure it complies with paragraphs (a) and (b). ‘ (3) The manufacturer or importer must ensure the booth is fitted with an effective ventilation system that incorporates— (a) a filtration system to remove airborne residue produced during a spray painting process; and (b) an exhaust capture system— (i) to prevent the exposure of a person in an adjoining work area to a hazardous substance produced by a spray painting process; and (ii) if prevention is not practicable—to reduce the exposure to as low a level as is practicable, but in any case the exposure 1 Section 24 (Discharge of obligations) of the Act

s 12 8 s 12 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 must not be more than the relevant national exposure standard for the relevant period for the substance. Example of airborne residue for subsection (3)(a)— Paint particles from overspray. ‘ (4) In this section— “relevant period” means the exposure period stated in NOHSC’s document entitled ‘Exposure Standards for Atmospheric Contaminants in the Occupational Environment’. ˙ ‘ Supplying a spray painting booth ‘ 115C.(1) This section applies to a supplier of a spray painting booth— (a) for use at a workplace; and (b) in which a hazardous substance is likely to be used. Examples of hazardous substances for subsection (1)(b)— Enamels, lacquers, powders, solvents, varnishes. ‘ (2) The supplier must take all reasonable steps to ensure the person who is supplied with the booth is given the following information— (a) the use for which the booth has been designed and tested; (b) how the booth is to be used safely and without risk to health; (c) the maintenance procedures for the booth, including the maintenance procedures for any filters. ˙ ‘ Protecting persons from spray painting ‘ 115D.(1) An employer or self-employed person must ensure that the risk of a person’s exposure to a hazardous substance used in or for spray painting at the employer’s or self-employed person’s workplace is— (a) prevented; or (b) if prevention is not practicable—minimised to as low a level as is practicable, but in any case the exposure must not be more than

s 12 9 s 12 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 the relevant national exposure standard for the relevant period for the substance. ‘ (2) In this section— “relevant period” means the exposure period stated in NOHSC’s document entitled ‘Exposure Standards for Atmospheric Contaminants in the Occupational Environment’. ˙ ‘ Spray painting to be done in spray painting booth ‘ 115E.(1) An employer or self-employed person must ensure any spray painting to be done at the employer’s or self-employed person’s workplace using a hazardous substance is done in a spray painting booth. Examples of hazardous substances for subsection (1)— Acrylic lacquers, 2 pack polyurethane paint, conventional epoxy paint, powders, solvents. ‘ (2) However, a spray painting booth is not required if— (a) it is not practical to do the painting in a booth; or (b) the painting involves spotting, touching up or other minor work. Examples for subsection (2)(a)— 1. Painting a bridge, building or tower. 2. Painting a large boat that can not be easily placed in a booth because of its size. Example of spotting or touching up for subsection (2)(b)— Occasionally painting a scratch, small dent or stone chip on a car door. Example of what is minor work for subsection (2)(b)— Occasionally painting a car panel with an acrylic lacquer. Example of what is not minor work for subsection (2)(b)— 1. Consecutively painting a number of car panels with an acrylic lacquer. 2. Painting a whole car panel with 2 pack polyurethane paint.

s 12 10 s 12 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 ˙ ‘ Controlling exposure from spray painting ‘ 115F.(1) This section applies if an employer or self-employed person can not prevent or reduce someone’s exposure to a hazardous substance used in or for spray painting at the employer’s or self-employed person’s workplace other than by using personal protective equipment. ‘ (2) The employer or self-employed person must ensure that— (a) anyone who may be exposed— (i) is given the appropriate personal protective equipment; and (ii) is properly instructed in how to use the equipment; and (iii) uses the equipment when there is a risk of being exposed to the substance; and (b) personal protective equipment given to someone is effectively maintained. ˙ ‘ Maintaining a spray painting booth ‘ 115G.(1) This section applies if a spray painting booth is used at an employer’s or self-employed person’s workplace for spray painting a hazardous substance. ‘ (2) The employer or self-employed person must ensure the booth is— (a) regularly inspected by a competent person to ascertain whether the booth can be used safely and without risk to health; and (b) appropriately maintained by a competent person. Example of ‘appropriately maintained’ for subsection (2)(b)— Maintained in accordance with the procedures supplied by the supplier of the booth. ‘ (3) To work out how often to inspect the booth, the employer or self-employed person must consider the following things— (a) the inspection intervals recommended by the manufacturer, importer, or supplier of the booth; (b) the types of spray painting processes done in the booth; (c) how often the booth is used;

s 12 11 s 12 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 (d) the types of substances, and the volumes of them, used in the booth. ‘ (4) In this section— “competent person” means a person who has acquired, through training, qualification, experience, or a combination of these, the knowledge and skill enabling the person to inspect or maintain a spray painting booth for its safe use and proper air movement.’. (3) Section 115A, ‘115G’— omit, insert— ‘115H’. (4) After section 115G— insert— ˙ ‘ Minimum air movement for booths ‘ 115H.(1) This section applies if a spray painting booth is used at an employer’s or self-employed person’s workplace for spray painting a hazardous substance. ‘ (2) The employer or self-employed person must ensure the booth’s ventilation system can produce and keep an air movement of— (a) for a full down draught booth—not less than 0.3 metres per second; or (b) for a booth used only for electrostatic spray painting—not less than 0.4 metres per second; or (c) for any other booth—not less than 0.5 metres per second; averaged over the area of the booth where the spray painting is done. ‘ (3) For subsection (2), the air movement must be measured— (a) when the booth is empty; and (b) during the booth’s spray cycle; and (c) in the area of the booth where the painting is done; and

s 13 12 s 13 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 (d) for a booth that is not fully contained or enclosed—at the opening in the booth where the internal environment in the booth and the external environment meet. Example of a booth that is not fully contained— A tunnel booth that is not fitted with vapour barriers. Example of a booth that is not fully enclosed— An open face booth. ‘ (4) In this section— “spray cycle” of a spray painting booth means the time during the booth’s operation when the booth may be used for spray painting.’. ˙ Insertion of new pt 16 13. After part 15— insert— ‘ PART 16—ELECTRICAL EQUIPMENT AND INSTALLATIONS ‘ Division 1—General obligation ˙ ‘ Ways to prevent or minimise risk prescribed ‘ 146.(1) Divisions 2 to 6 prescribe ways of preventing or minimising exposure to the risk of electric shock from electrical equipment or an electrical installation in the circumstances mentioned in the divisions. ‘ (2) However, the divisions do not deal with all circumstances that expose someone to the risk of electric shock from electrical equipment or an electrical installation. Examples— 1. Section 159 requires the employer to ensure specified electrical equipment is connected to a residual current device. However, if the equipment is not safe to use because it is damaged, the employer does not discharge the employer’s obligation simply by ensuring the equipment is connected to a residual current device.

s 13 13 s 13 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 2. Divisions 2 to 6 do not deal with maintenance of electrical equipment. However, an employer must ensure the employer’s electrical equipment is maintained in a safe condition to prevent or minimise exposure to the risk of electric shock. ‘ (3) A person may discharge the person’s workplace health and safety obligation for exposure to the risk in the circumstances mentioned in the divisions only by following the prescribed ways. ‘ (4) See section 24 2 of the Act for the penalty for failing to discharge the obligation. ‘ (5) In this section— “electrical installation” see the Electricity Act 1994 , section 13. ‘ Division 2—Any work ˙ ‘ Who division applies to ‘ 147. This division applies to an employer or self-employed person if the employer, the employer’s workers or the self-employed person perform any work at a workplace. ˙ ‘ Cord extension sets and flexible cables ‘ 148. The employer or self-employed person must ensure the employer’s or self-employed person’s cord extension set or flexible cable is— (a) located where it is not likely to be damaged, including where it is likely to be damaged by liquid; or (b) protected against damage, including damage by liquid. ˙ ‘ Overhead electric lines ‘ 149.(1) This section does not apply to an electrical worker doing electrical work. 2 Section 24 (Discharge of obligations) of the Act

s 13 14 s 13 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 ‘ (2) This section applies if any of the following are likely to come within 2 m of an overhead electric line at the employer’s or self-employed person’s workplace— (a) the employer or self-employed person; (b) the employer’s worker; (c) equipment being used by the employer, self-employed person or worker. ‘ (3) The employer or self-employed person must consult with the relevant authority and ensure the safety precautions required by the authority are complied with. ‘ Division 3—Class 1 work ˙ ‘ Definition ‘ 150. In this division— “class 1 work” means— (a) construction work, 3 regardless of the estimated final price at practical completion; or (b) work done in conjunction with the work mentioned in paragraph (a). Example of paragraph (b)— Installation of plumbing in a house under construction. ˙ ‘ Who division applies to ‘ 151. This division applies to— (a) an employer or self-employed person if the employer, the employer’s workers or the self-employed person perform class 1 3 See the Act, section 14(1) for the meaning of “construction work”.

s 13 15 s 13 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 work at a workplace; or (b) the principal contractor at a construction workplace. ˙ ‘ Double adaptors and piggyback plugs prohibited ‘ 152.(1) The employer or self-employed person must not use a double adaptor or piggyback plug. ‘ (2) The employer must ensure the employer’s workers do not use a double adaptor or piggyback plug. ˙ ‘ Specified electrical equipment ‘ 153.(1) The employer or self-employed person must ensure the employer’s or self-employed person’s specified electrical equipment is not used to perform class 1 work unless it is— (a) inspected and tested by a competent person 4 at least every 6 months; and (b) for equipment being used without construction wiring—connected to a type 1 or 2 residual current device or a type 1 or 2 portable residual current device. Example of specified electrical equipment used to perform class 1 work— A portable electric hand saw used to saw timber at a site where a house is under construction. ‘ (2) However, the equipment need not be connected to the device if its electricity supply is provided by an unearthed output from a single phase portable generator. ‘ (3) If, after inspecting and testing the equipment, the competent person decides the equipment is safe to use, the employer or self-employed person must ensure the competent person immediately attaches a durable tag to the equipment that shows the day by which the equipment must be reinspected and retested. 4 See schedule 9 (Dictionary) for the definition of “competent person” .

s 13 16 s 13 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 ‘ (4) If the competent person decides the equipment is not safe to use, the employer or self-employed person must ensure— (a) the competent person immediately attaches a durable tag to the equipment that warns people not to use the equipment; and (b) the equipment is immediately withdrawn from use. ˙ ‘ Portable residual current devices ‘ 154.(1) The employer or self-employed person must ensure the employer’s or self-employed person’s type 1 or 2 portable residual current device is tested— (a) using its inbuilt test button— (i) immediately after it is connected to a socket outlet; and (ii) immediately before it is used for the first time on each day; and (b) by a competent person at least every year. ‘ (2) The employer or self-employed person may use the device, or allow it to be used, only if— (a) when tested using its inbuilt test button, it trips immediately; or (b) when tested by a competent person— (i) the device has a residual current trip of not more than— (A) for a type 1 portable residual current device—10 mA; 5 or (B) for a type 2 portable residual current device—30 mA; and (ii) at rated residual current, it has a tripping time of not more than— 5 mA is the symbol for a milliampere.

s 13 17 s 13 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 (A) for a type 1 portable residual current device—40 ms; 6 or (B) for a type 2 portable residual current device—300 ms. ‘ (3) If the device is not working properly, the employer or self-employed person must ensure— (a) a durable tag is immediately attached to the device that warns people not to use the device; and (b) the device is immediately withdrawn from use. ˙ ‘ Construction wiring ‘ 155.(1) The principal contractor must ensure each final subcircuit of construction wiring used to supply electrical equipment from a socket outlet at the construction workplace is connected to a type 1 or 2 residual current device at the switchboard where the final subcircuits originate. ‘ (2) The principal contractor must ensure the device is tested— (a) using its inbuilt test button— (i) immediately after it is connected; and (ii) at least every month; and (b) by a competent person at least every year. ‘ (3) The principal contractor may use the device, or allow it to be used, only if— (a) when tested using its inbuilt test button, it trips immediately; or (b) when tested by the competent person— (i) the device has a residual current trip of not more than— (A) for a type 1 residual current device—10 mA; or (B) for a type 2 residual current device—30 mA; and (ii) at rated residual current, it has a tripping time of not more than— 6 ms is the symbol for a millisecond.

s 13 18 s 13 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 (A) for a type 1 residual current device—40 ms; or (B) for a type 2 residual current device—300 ms. ‘ (4) If the device is not working properly, the principal contractor must ensure— (a) a durable tag is immediately attached to the device that warns people not to use the device; and (b) the device is immediately withdrawn from use. ‘ Division 4—Class 2 work ˙ ‘ Definition ‘ 156. In this division— “class 2 work” means assembly, fabrication, installation, maintenance, manufacturing, refurbishment or repair work. Examples— 1. Installing the interior fittings of a shop. 2. Manufacturing clothes. 3. Repairing leaking pipes. ˙ ‘ Who division applies to ‘ 157. This division applies to an employer or self-employed person if the employer, the employer’s workers or the self-employed person perform class 2 work at a workplace. ˙ ‘ Double adaptors and piggyback plugs prohibited ‘ 158.(1) The employer or self-employed person must not use a double adaptor or piggyback plug. ‘ (2) The employer must ensure the employer’s workers do not use a double adaptor or piggyback plug.

s 13 19 s 13 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 ˙ ‘ Specified electrical equipment ‘ 159.(1) The employer or self-employed person must ensure the employer’s or self-employed person’s specified electrical equipment is not used to perform class 2 work unless it is— (a) inspected and tested by a competent person— (i) if the equipment is double insulated—at least every year; or (ii) if the equipment is not double insulated—at least every 6 months; and (b) connected to— (i) a type 1 or 2 residual current device at a switchboard where a final subcircuit of electrical wiring at the workplace originates; or (ii) a type 1 or 2 portable residual current device. Examples of specified electrical equipment used to perform class 2 work— 1. A bench grinder plugged into a socket outlet that is used for sharpening drill bits in a factory. 2. A hand held electric drill plugged into a socket outlet that is used for drilling holes in steelwork in a light engineering workshop. ‘ (2) However, the equipment need not be connected to the device if its electricity supply is provided by an unearthed output from a single phase portable generator. ‘ (3) If, after inspecting and testing the equipment, the competent person decides the equipment is safe to use, the employer or self-employed person must ensure the competent person immediately attaches a durable tag to the equipment that shows the day by which the equipment must be reinspected and retested. ‘ (4) If the competent person decides the equipment is not safe to use, the employer or self-employed person must ensure— (a) the competent person immediately attaches a durable tag to the equipment that warns people not to use the equipment; and (b) the equipment is immediately withdrawn from use.

s 13 20 s 13 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 ˙ ‘ Residual current devices, including portable devices ‘ 160.(1) The employer or self-employed person must ensure the employer’s or self-employed person’s type 1 or 2 residual current device is tested— (a) using its inbuilt test button— (i) immediately after it is connected; and (ii) at least every 3 months; and (b) by a competent person at least every year. ‘ (2) The employer or self-employed person must ensure the employer’s or self-employed person’s type 1 or 2 portable residual current device is tested— (a) using its inbuilt test button— (i) immediately after it is connected to a socket outlet; and (ii) immediately before it is used for the first time on each day; and (b) by a competent person at least every year. ‘ (3) The employer or self-employed person may use the device, or allow it to be used, only if— (a) when tested using its inbuilt test button, it trips immediately; or (b) when tested by the competent person— (i) the device has a residual current trip of not more than— (A) for a type 1 residual current device or type 1 portable residual current device—10 mA; or (B) for a type 2 residual current device or type 2 portable residual current device—30 mA; and (ii) at rated residual current, it has a tripping time of not more than— (A) for a type 1 residual current device or type 1 portable residual current device—40 ms; or

s 13 21 s 13 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 (B) for a type 2 residual current device or type 2 portable residual current device—300 ms. ‘ (4) If the device is not working properly, the employer or self-employed person must ensure— (a) a durable tag is immediately attached to the device that warns people not to use the device; and (b) the device is immediately withdrawn from use. ‘ Division 5—Class 3 or 4 work ˙ ‘ Definition ‘ 161. In this division— “class 3 work” means work that is not class 1, 2 or 4 work. Example— 1. Cleaning a motel. 2. Cooking in a restaurant. 3. Providing health services at a health facility. 4. Selling goods from a shop. 5. Teaching at an education facility. 6. Caring for children at a child care centre “class 4 work” means office work. ˙ ‘ Who division applies to ‘ 162. This division applies to an employer or self-employed person if the employer, the employer’s workers or the self-employed person perform class 3 or 4 work at a workplace. ˙ ‘ Specified electrical equipment ‘ 163.(1) The employer or self-employed person must ensure the employer’s or self-employed person’s specified electrical equipment is not

s 13 22 s 13 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 used to perform class 3 or 4 work unless it is— (a) inspected and tested by a competent person— (i) for class 3 work—at least every year; or (ii) for class 4 work—at least every 5 years; or (b) connected to— (i) a type 1 or 2 residual current device at a switchboard where a final subcircuit of electrical wiring at the workplace originates; or (ii) a type 1 or 2 portable residual current device. Examples of specified electrical equipment used to perform class 3 work— 1. An overhead projector used in a classroom. 2. A hand held blow dryer used in a hairdressing salon. 3. An ECG monitor used in a hospital. Example of specified electrical equipment used to perform class 4 work— A powerboard or extension lead used to supply power to office equipment. ‘ (2) If, after inspecting and testing the equipment, the competent person decides the equipment is safe to use, the employer or self-employed person must ensure the competent person immediately attaches a durable tag to the equipment that shows the day by which the equipment must be reinspected and retested. ‘ (3) If the competent person decides the equipment is not safe to use, the employer or self-employed person must ensure— (a) the competent person immediately attaches a durable tag to the equipment that warns people not to use the equipment; and (b) the equipment is immediately withdrawn from use. ˙ ‘ Residual current devices, including portable devices ‘ 164.(1) The employer or self-employed person must ensure the employer’s or self-employed person’s type 1 or 2 residual current device is tested—

s 13 23 s 13 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 (a) using its inbuilt test button— (i) immediately after it is connected; and (ii) at least every 3 months; and (b) by a competent person at least every 2 years. ‘ (2) The employer or self-employed person must ensure the employer’s or self-employed person’s type 1 or 2 portable residual current device is tested— (a) using its inbuilt test button— (i) immediately after it is connected to a socket outlet; and (ii) at least every 3 months; and (b) by a competent person at least every 2 years. ‘ (3) The employer or self-employed person may use the device, or allow it to be used, only if— (a) when tested using its inbuilt test button, it trips immediately; or (b) when tested by the competent person— (i) the device has a residual current trip of not more than— (A) for a type 1 residual current device or type 1 portable residual current device—10 mA; or (B) for a type 2 residual current device or type 2 portable residual current device—30 mA; and (ii) at rated residual current, it has a tripping time of not more than— (A) for a type 1 residual current device or type 1 portable residual current device—40 ms; or (B) for a type 2 residual current device or type 2 portable residual current device—300 ms. ‘ (4) If the device is not working properly, the employer or self-employed person must ensure—

s 13 24 s 13 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 (a) a durable tag is immediately attached to the device that warns people not to use the device; and (b) the device is immediately withdrawn from use. ‘ Division 6—Hire electrical equipment ˙ ‘ Who division applies to ‘ 165. This division applies to an employer or self-employed person if the employer, the employer’s workers or the self-employed person hire electrical equipment to someone else for use at a workplace. ˙ ‘ Hiring electrical equipment ‘ 166.(1) The employer or self-employed person must ensure the employer’s or self-employed person’s electrical equipment is not hired to someone for use at a workplace unless a competent person— (a) inspects and tests the equipment before each hiring; and (b) inspects, tests and tags the equipment at least every 6 months. ‘ (2) For subsection (1)(a), if because of the way in which the equipment is designed the equipment can not be tested without dismantling it, the equipment must be tested to the extent that it can be without dismantling it. ‘ (3) If, after inspecting and testing the equipment under subsection (1)(b), the competent person decides the equipment is safe to use, the employer or self-employed person must ensure the competent person immediately attaches a durable tag to the equipment that shows the day by which the equipment must be reinspected and retested. ‘ (4) If the competent person decides the equipment is not safe to use, the employer or self-employed person must ensure— (a) the competent person immediately attaches a durable tag to the equipment that warns people not to use the equipment; and (b) the equipment is immediately withdrawn from use.

s 14 25 s 15 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 ˙ Amendment of pt 16 (Miscellaneous) 14.(1) Part 16— renumber as part 17. (2) Section 146 and 147— renumber as section 167 and 168. ˙ Replacement of sch 1 (Fees) 15. Schedule 1— omit, insert— ‘ SCHEDULE 1 ‘ FEES section 4 ˙ ‘ Registration, or renewal of registration, of registrable workplace ‘ 1.(1) This section sets the fee for registration, or renewal of registration, of a registrable workplace. ‘ (2) If the main activity at the workplace is classified in schedule 2 as category 2 or 3 and more than 2 persons are employed between 1 February of the year and 31 January of the next year, the fee is— (a) $30.80; and (b) for each person, after the first 2 persons, employed at any time during the period— (i) for a category 2 workplace—$9.40; or (ii) for a category 3 workplace—$15.00. ‘ (3) In this section—

s 15 26 s 15 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 “person” employed includes the employer, a self-employed person and a person employed part time or full time. ˙ ‘ Notification of building and construction work ‘ 2.(1) This section sets the fee for the notification of building and construction work. ‘ (2) The fee is 0.125% of the cost of the building and construction work. ˙ ‘ Registration of, or renewal of registration of, registrable plant ‘ 3.(1) This section sets the fee for registration, or renewal of registration, of registrable plant. ‘ (2) The fee is— $ (a) for a boiler with a heating surface 7 — (i) not over 5 m 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00 (ii) over 5 m 2 but not over 10 m 2 . . . . . . . . . . . . . 120.00 (iii) over 10 m 2 but not over 60 m 2 . . . . . . . . . . . . 185.00 (iv) over 60 m 2 but not over 500 m 2 . . . . . . . . . . . 355.00 (v) over 500 m 2 but not over 2 000 m 2 . . . . . . . . . 625.00 (vi) over 2 000 m 2 . . . . . . . . . . . . . . . . . . . . . . . . . 1 060.00 (b) for an unfired pressure vessel with a capacity— (i) over 0.5 m 3 but not over 5 m 3 . . . . . . . . . . . . . 55.00 (ii) over 5 m 3 but not over 15 m 3 . . . . . . . . . . . . . 91.00 (iii) over 15 m 3 but not over 30 m 3 . . . . . . . . . . . . 140.00 (iv) over 30 m 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180.00 (c) for a crane or hoist (other than vehicle hoists, building maintenance units or elevating work platforms) with a safe working load— (i) not over 10 t . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 (ii) over 10 t but not over 50 t . . . . . . . . . . . . . . . . 210.00 (iii) over 50 t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260.00 (d) for a vehicle hoist . . . . . . . . . . . . . . . . . . . . . . . . . . . 38.50 (e) for a mobile elevating work platform . . . . . . . . . . . 38.50 7 If the boiler is heated electrically, the fee is worked out under subsection (3).

s 15 27 s 15 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 (f) for a building maintenance unit . . . . . . . . . . . . . . . . 55.00 (g) for an industrial lift truck with a capacity over 10 t . 76.00 (h) for a monorail transporter or aerial funicular device (other than an amusement device) . . . . . . . . . . . . . . 125.00 plus 30.50 per vehicle attached (i) for a service lift . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38.50 (j) for another lift (other than a lift installed in a private residence within the meaning given by AS 1735) . . 66.00 plus 15.50 per floor (k) for an escalator or moving walk way . . . . . . . . . . . . 51.00 (l) for an airconditioning unit . . . . . . . . . . . . . . . . . . . . 125.00 (m) for an amusement device that is classified in AS 3533 as— (i) a motorised class 1 amusement device . . . . . . 51.00 (ii) a class 2 amusement device . . . . . . . . . . . . . . . 100.00 (iii) a class 3 amusement device . . . . . . . . . . . . . . . 155.00 (iv) a class 4 amusement device . . . . . . . . . . . . . . . 210.00 ‘ (3) If a boiler is heated electrically, the fee payable is to be worked out on the basis that 1 kW equals 0.08 m 2 of heating surface. ˙ ‘ Registration of registrable plant design ‘ 4.(1) This section sets the fee for registration of registrable plant design. ‘ (2) The fee is— $ (a) for a water tube or fire tube boiler with a heating surface— (i) not over 100 m 2 . . . . . . . . . . . . . . . . . . . . . . . . 180.00 (ii) over 100 m 2 but not over 2 000 m 2 . . . . . . . . . 405.00 (iii) over 2 000 m 2 . . . . . . . . . . . . . . . . . . . . . . . . . 1090.00 (b) for a coil type forced circulation boiler . . . . . . . . . . . 120.00 (c) for an electric element or electrode boiler . . . . . . . . . 120.00 (d) for a tubular heat exchanger with a capacity— (i) not over 10 m 3 . . . . . . . . . . . . . . . . . . . . . . . . . 160.00 (ii) over 10 m 3 but not over 50 m 3 . . . . . . . . . . . . 285.00

s 15 28 s 15 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 (iii) over 50 m 3 but not over 100 m 3 . . . . . . . . . . . (iv) over 100 m 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) for another unfired pressure vessel with a capacity— (i) not over 0.5 m 3 . . . . . . . . . . . . . . . . . . . . . . . . (ii) over 0.5 m 3 but not over 10 m 3 . . . . . . . . . . . . (iii) over 10 m 3 but not over 50 m 3 . . . . . . . . . . . . (iv) over 50 m 3 but not over 100 m 3 . . . . . . . . . . . (v) over 100 m 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) for a gantry crane . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) for a bridge crane . . . . . . . . . . . . . . . . . . . . . . . . . . . (h) for a monorail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (i) for a crane runway . . . . . . . . . . . . . . . . . . . . . . . . . . (j) for a mobile crane with a safe working load— (i) not over 20 t . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) over 20 t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (k) for an elevating work platform . . . . . . . . . . . . . . . . (l) for a vehicle hoist . . . . . . . . . . . . . . . . . . . . . . . . . . . (m) for a wall or pillar crane . . . . . . . . . . . . . . . . . . . . . . (n) for a tower crane . . . . . . . . . . . . . . . . . . . . . . . . . . . (o) for a tower crane installation . . . . . . . . . . . . . . . . . . (p) for a building maintenance unit . . . . . . . . . . . . . . . . (q) for passenger and goods lifts— (i) for a building with 1–5 floors and— (A) 1 lift . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (B) a bank of lifts with 2 lifts . . . . . . . . . . . . . (C) a bank of lifts with 3 lifts . . . . . . . . . . . . . (D) a bank of lifts with 4 lifts . . . . . . . . . . . . . (E) a bank of lifts with 5 lifts . . . . . . . . . . . . . (F) a bank of lifts with 6 lifts . . . . . . . . . . . . . (ii) for a building with 6–20 floors and— (A) 1 lift . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (B) a bank of lifts with 2 lifts . . . . . . . . . . . . . (C) a bank of lifts with 3 lifts . . . . . . . . . . . . . (D) a bank of lifts with 4 lifts . . . . . . . . . . . . . (E) a bank of lifts with 5 lifts . . . . . . . . . . . . . (F) a bank of lifts with 6 lifts . . . . . . . . . . . . . (iii) for a building with over 20 floors and— (A) 1 lift . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 345.00 405.00 69.00 135.00 285.00 345.00 405.00 210.00 210.00 135.00 135.00 285.00 540.00 285.00 285.00 135.00 620.00 135.00 285.00 205.00 265.00 315.00 365.00 405.00 465.00 285.00 345.00 405.00 480.00 535.00 625.00 345.00

s 15 29 s 15 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 (B) a bank of lifts with 2 lifts . . . . . . . . . . . . . (C) a bank of lifts with 3 lifts . . . . . . . . . . . . . (D) a bank of lifts with 4 lifts . . . . . . . . . . . . . (E) a bank of lifts with 5 lifts . . . . . . . . . . . . . (F) a bank of lifts with 6 lifts . . . . . . . . . . . . . (r) for an escalator or moving walk way . . . . . . . . . . . . (s) for each service lift in a building with— (i) 1–5 floors . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) over 5 floors . . . . . . . . . . . . . . . . . . . . . . . . . . (t) for a stairway lift . . . . . . . . . . . . . . . . . . . . . . . . . . . (u) for a private lift for disabled persons . . . . . . . . . . . . (v) for other plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425.00 515.00 610.00 685.00 765.00 210.00 135.00 210.00 135.00 175.00 135.00 ‘ (3) However, if the application is for registration of a design that amends a registered design, the fee is half the full fee. ˙ ‘ Certificates—prescribed occupations and workplace health and safety officers ‘ 5.(1) This section sets the fee for, or in relation to— (a) a certificate to work in a prescribed occupation under part 3; or (b) a certificate of authority of a workplace health and safety officer under part 4. ‘ (2) The fee is— $ (a) for an assessment of qualifications or experience for a certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) for an application for grant of certificate . . . . . . . (c) for an application for lost, stolen or destroyed certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.00 41.00 21.00 ˙ ‘ Appointment and reappointment of accredited providers ‘ 6.(1) This section sets the fee for an appointment or reappointment of a person as an accredited provider.

s 16 30 s 16 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 ‘ (2) The fee is— (a) for an appointment . . . . . . . . . . . . . . . . . . . . . . . . (b) for an reappointment . . . . . . . . . . . . . . . . . . . . . . $ 350.00 57.00’. ˙ Amendment of sch 9 (Dictionary) 16.(1) Schedule 9— insert— ‘ “construction wiring” , for a construction workplace, means temporary electrical wiring by which electricity is supplied by an electricity entity for use in, and for the period of, the construction work. “cord extension set” means an assembly of— (a) a plug intended for connection to a socket outlet; and (b) a sheathed flexible cord; and (c) a cord extension socket. “electrical equipment” means equipment that is designed to be connected to a low voltage supply. “electrical work” see the Electricity Act 1994 , section 16(1) to (3). “electrical worker” see the Electricity Regulation 1994 , schedule 8. “electricity entity” see the Electricity Act 1994 , section 22(1). “low voltage supply” means a supply of electricity at a voltage of— (a) for alternating current—more than 32 V but not more than 1000 V; and (b) for direct current—more than 115 V but not more than 1500 V. 8 “plug” see the Electricity (Electrical Articles) Regulation 1994 , schedule 1, section 35(1) and (2). 8 ‘V’ is the symbol for a volt.

s 16 31 s 16 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 “portable generator” means an electricity generating set that— (a) produces 50 Hz of electrical energy; and 9 (b) consists of the following— (i) an internal combustion engine; (ii) an alternating current generator; (iii) a fuel tank; (iv) a starting system; (v) controls; (vi) safeguards and electrical output connection facilities; and (c) is not fixed or anchored. “portable outlet device” see the Electricity (Electrical Articles) Regulation1994 , schedule 1, section 42(1), (2) and (3). “relevant authority” means— (a) for an elevated electric line constructed by an electricity entity—the electricity entity; or (b) for an elevated electric line constructed and used by Queensland Rail under the TransportInfrastructureAct1994 as part of a system of electric traction or for signalling purposes on a railway—Queensland Rail. “socket outlet” see the Electricity (Electrical Articles) Regulation 1994 , schedule 1, section 54(1) and (2). “specified electrical equipment” means— (a) a cord extension set; or (b) a portable outlet device; or (c) electrical equipment (other than a portable residual current device) that— (i) for divisions 3 and 4— 9 ‘Hz’ is the symbol for a hertz.

s 16 32 s 16 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 (A) is designed to be connected by a flexible cord and plug to low voltage supply; and (B) is operated by a person to perform class 1 or 2 work; or (ii) for divisions 3 to 5— (A) is designed to be connected by a flexible cord and plug to low voltage supply; and (B) is capable of being moved during its normal use for the purpose of its use. “spray painting” means— (a) the process in which either of the following are sprayed onto a surface to produce a film of required thickness and texture— (i) a liquid coating substance that is converted into an aerosol or mist; (ii) a powder coating substance. (b) an activity directly related to the process mentioned in paragraph (a), whether carried out before, during or after the process. Examples of paragraph (b)— Paint mixing, paint matching and cleaning a spray gun “spray painting booth” means a room or enclosure designed solely for the purpose of spray painting. “type 1 portable residual current device” means a portable residual current device with rated residual current of not more than 10 mA. “type 2 portable residual current device” means a portable residual current device with rated residual current of more than 10 mA but not more than 30 mA. “type 1 residual current device” means a residual current device with rated residual current of not more than 10 mA. “type 2 residual current device” means a residual current device with rated residual current of more than 10 mA but not more than 30 mA.’.

s 16 33 s 16 Workplace Health and Safety Legislation Amendment (No. 1) No. 110, 1999 (2) Schedule 9, definition “competent person” — omit, insert— ‘ “competent person” means— (a) for electrical work under the Electricity Act 199 —a 4 n electrical worker; or (b) a person who has acquired, through training, qualifications, experience or a combination of these, the knowledge and skill enabling the person— (i) for plant design—to certify that plant design complies with the standard stated for the plant in schedule 4, column 2; or (ii) for part 15—to carry out a risk assessment for a confined space; or (iii) for part 16—to inspect and test electrical equipment.’. ENDNOTES 1. Made by the Governor in Council on 10 June 1999. 2. Notified in the gazette on 11 June 1999. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Employment, Training and Industrial Relations. © State of Queensland 1999