Workplace Health and Safety Legislation Amendment Regulation (No. 1) 2002 (Qld)

Queensland Subordinate Legislation 2002 No. 201 Workplace Health and Safety Act 1995 WORKPLACE HEALTH AND SAFETY LEGISLATION AMENDMENT REGULATION (No. 1) 2002 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—AMENDMENT OF WORKPLACE HEALTH AND SAFETY REGULATION 1997 3 Regulation amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new pt 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 21—AMENITIES Division 1—Construction workplace amenities 216 Definition for div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 217 Principal contractor or employer to maintain amenities . . . . . . . . . . 4 218 Area to eat meals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 219 Drinking water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 220 Toilets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 221 Washing facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 222 First aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Division 2—Rural industry workplace amenities 223 Employer to maintain amenities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 224 Area to eat meals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 225 Drinking water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2 Workplace Health and Safety Legislation Amendment No. 201, 2002 Regulation (No. 1) 2002 226 Hand washing and drying facilities . . . . . . . . . . . . . . . . . . . . . . . . . . 10 227 Toilets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 228 First aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5 Amendment of s 229 (Rural industry exemption). . . . . . . . . . . . . . . . . . . . . 11 PART 3—AMENDMENT OF WORKPLACE HEALTH AND SAFETY (MISCELLANEOUS) REGULATION 1995 6 Regulation amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 7 Omission of pt 8, div 2 (Construction workplace amenities) . . . . . . . . . . . . 11 8 Omission of sch 8 (Construction workplace amenities) . . . . . . . . . . . . . . . . 12 PART 4—REPEALS 9 Repeal of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

s1 3 s4 Workplace Health and Safety Legislation Amendment No. 201, 2002 Regulation (No. 1) 2002 PART 1—PRELIMINARY 1 Short title This regulation may be cited as the Workplace Health and Safety Legislation Amendment Regulation (No. 1) 2002 . 2 Commencement (1) This regulation, other than parts 2 and 3, commences on the day this regulation is notified in the gazette. (2) Parts 2 and 3 commence on 2 September 2002. PART 2—AMENDMENT OF WORKPLACE HEALTH AND SAFETY REGULATION 1997 3 Regulation amended in pt 2 This part amends the Workplace Health and Safety Regulation 1997. 4 Insertion of new pt 21 After section 215— insert — ‘PART 21—AMENITIES ‘Division 1—Construction workplace amenities ‘216 Definition for div 1 ‘In this division— “construction worker” , at a construction workplace, means a worker, self-employed person or employer performing work at the construction workplace.

s4 4 s4 Workplace Health and Safety Legislation Amendment No. 201, 2002 Regulation (No. 1) 2002 ‘217 Principal contractor or employer to maintain amenities ‘The principal contractor for a construction workplace or an employer at a construction workplace must ensure the amenities the principal contractor or employer is required to provide under this division are— (a) maintained in a clean, tidy and serviceable condition; and (b) kept free of any accumulation or deposit of material, and of any obstruction or hazard, likely to affect adversely a person’s health or safety. Maximum penalty—20 penalty units. ‘218 Area to eat meals ‘ (1) The principal contractor for a construction workplace must ensure construction workers at the workplace have reasonable access to a room or sheltered area for use by the workers for eating meals and taking other breaks. Maximum penalty—20 penalty units. ‘ (2) The room or area must— (a) be separated from work activity that exposes the construction workers to a health or safety risk; and (b) be hygienic; and (c) if there are at least 15 construction workers at the workplace at any particular time— (i) have adequate space and seating for the maximum number of construction workers likely to use the room or area; and (ii) have appropriate facilities for washing and storing utensils, boiling water and storing food in a cool place. ‘219 Drinking water ‘The principal contractor for a construction workplace must ensure that construction workers at the workplace have reasonable access to an adequate supply of clean drinking water that is not located in a room used as a toilet.

s4 5 s4 Workplace Health and Safety Legislation Amendment No. 201, 2002 Regulation (No. 1) 2002 Examples of reasonable access — 1. For a housing construction site, access within 30 m from where the worker is carrying out work. 2. For a high rise building construction site, access on the ground level and every second level of the building. Maximum penalty—20 penalty units. ‘220 Toilets ‘ (1) The principal contractor for a construction workplace must ensure construction workers at the workplace have reasonable access to toilets complying with subsections (2) to (8). Maximum penalty—20 penalty units. Examples of reasonable access — 1. For a civil construction workplace, access to a toilet within the workplace’s site compound boundaries. 2. For a construction workplace that is not a civil construction workplace, access to a toilet within the workplace’s site boundaries. ‘ (2) There must be 1 toilet available for each 15, or part number of 15, construction workers but if there are more than 15 construction workers at the workplace at any particular time, there must be 1 additional toilet available for each additional 15, or part number of 15, construction workers at the workplace.

s4 6 s4 Workplace Health and Safety Legislation Amendment No. 201, 2002 Regulation (No. 1) 2002 ‘ (3) If there are fewer than 15 construction workers at the workplace at any particular time, the toilet must be a connected toilet or a portable toilet. 1 ‘ (4) If there are 15 or more construction workers at the workplace at any particular time, each required toilet must be— (a) if there is a sewerage or septic connection available—a connected toilet; or (b) otherwise—a portable toilet. ‘ (5) Despite subsection (4), if— (a) a portable toilet has been provided under subsection (3); and (b) a sewerage or septic connection becomes available; and (c) the number of construction workers at the workplace at any particular time after the connection becomes available increases to at least 15 workers; the portable toilet must be replaced by a connected toilet within 2 weeks after paragraph (c) first applies to the workplace. ‘ (6) Also, despite subsection (4), if a portable toilet is provided under subsection (4)(b) and a sewerage or septic connection becomes available, each portable toilet must be replaced by a connected toilet within 2 weeks after the connection becomes available. ‘ (7) Without limiting subsections (2) to (6), if the workplace consists of 4 or more levels of a building, there must be at least 1 toilet located on each of the following levels— (a) the ground level; (b) the fourth level; (c) each third level after the fourth level. 1 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).

s4 7 s4 Workplace Health and Safety Legislation Amendment No. 201, 2002 Regulation (No. 1) 2002 Example for paragraph (c) — For a workplace consisting of 10 levels, there must be at least 1 toilet located on each of the ground, fourth, seventh and tenth levels. ‘ (8) A toilet available for use by construction workers must be— (a) located in a position that gives privacy; and (b) located in a cubicle or room fitted with a door that is able to be locked from inside the cubicle or room and gives privacy; and (c) constantly supplied with fresh air from— (i) openings to the outside air; or (ii) mechanical ventilation; and (d) if used by female construction workers— (i) equipped with facilities to dispose of sanitary napkins and tampons; and (ii) separated from urinals so that the urinals are not visible to the female construction workers. Examples for subparagraph (ii) — 1. Separation could be achieved by locating the toilet used by female construction workers in a separate room from the urinals. 2. Separation could be achieved by putting a screen between the toilet used by the female construction workers and the urinals. ‘ (9) 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. “portable toilet” means a toilet that— (a) is able to be moved; and (b) provides for tanked waste. ‘221 Washing facilities ‘ (1) The principal contractor for a construction workplace must ensure that the construction workers at the workplace have access to washing facilities complying with subsections (2) and (3).

s4 8 s4 Workplace Health and Safety Legislation Amendment No. 201, 2002 Regulation (No. 1) 2002 Maximum penalty—20 penalty units. ‘ (2) Separate washing facilities for males and females must be provided if— (a) the washing facilities are located inside a toilet block or cubicle; and (b) a separate toilet block or cubicle is provided for males and females. ‘ (3) However, if the washing facilities are located outside a toilet block or cubicle, it is not necessary to provide separate washing facilities for males and females. ‘ (4) The one supply of water may be made available for both drinking and washing. ‘ (5) In this section— “washing facilities” means facilities, with an adequate supply of clean water, appropriate for face and hands washing. Examples of washing facilities — 1. A hose at a housing construction site. 2. A water container with a tap at a road construction site. 3. Wash basins provided with portable or connected toilets at a high rise building construction site. ‘222 First aid ‘ (1) An employer at a construction workplace must ensure that the employer’s workers at the workplace have reasonable access to appropriate and adequate first aid equipment. Maximum penalty—20 penalty units. ‘ (2) A self-employed person at a construction workplace must always have available, and reasonably accessible, appropriate and adequate first aid equipment. Maximum penalty—20 penalty units.

s4 9 s4 Workplace Health and Safety Legislation Amendment No. 201, 2002 Regulation (No. 1) 2002 ‘Division 2—Rural industry workplace amenities ‘223 Employer to maintain amenities ‘An employer at a rural industry workplace must ensure the amenities the employer is required to provide under this division are— (a) maintained in a clean, tidy and serviceable condition; and (b) kept free of any accumulation or deposit of material, and of any obstruction or hazard, likely to affect adversely a person’s health or safety. Maximum penalty—20 penalty units. ‘224 Area to eat meals ‘An employer at a rural industry workplace must ensure that the employer’s workers have access to a sheltered area for use by the workers for eating meals and taking other breaks. Examples of sheltered areas for workers to eat meals and take other breaks— 1. A tent attached to a vehicle. 2. A caravan. 3. A tractor or harvester cabin. Maximum penalty—20 penalty units. ‘225 Drinking water ‘ (1) An employer at a rural industry workplace must ensure that the employer’s workers have reasonable access to an adequate supply of clean drinking water that is— (a) not more than 15ºC; and (b) not located in a room used as a toilet. Maximum penalty—20 penalty units. ‘ (2) If the drinking water is supplied in a container, the employer must ensure that the drinking water is able to be consumed by a worker without

s 4 10 s 4 Workplace Health and Safety Legislation Amendment No. 201, 2002 Regulation (No. 1) 2002 the worker having to drink directly from the same container as someone else. Maximum penalty—20 penalty units. ‘226 Hand washing and drying facilities ‘ (1) An employer at a rural industry workplace must ensure that the employer’s workers have access to— (a) adequate clean water, and soap or another suitable cleansing agent, for the employer’s workers to wash their hands; and (b) facilities for the workers to dry their hands. Examples — 1. Hand towels. 2. Paper towels. 3. A mechanical hand drying device. Maximum penalty—20 penalty units. ‘ (2) The one supply of water may be made available for both drinking and washing. ‘227 Toilets ‘ (1) An employer at a rural industry workplace must ensure that, to the greatest practicable extent, there is a toilet available for each 15, or part number of 15, work persons at the workplace, and that the toilet is— (a) located near the workplace, or able to be accessed by the employer’s workers by available transport; and (b) if used by female workers, equipped with facilities to dispose of sanitary napkins and tampons. Maximum penalty—20 penalty units. ‘ (2) In this section— “work person” means the employer or a worker of the employer.

s 5 11 s 7 Workplace Health and Safety Legislation Amendment No. 201, 2002 Regulation (No. 1) 2002 ‘228 First aid ‘An employer at a rural industry workplace must ensure that— (a) the employer’s workers have immediate access to first aid equipment; and (b) to the greatest practicable extent, a person with first aid training is available to treat an injured worker. Maximum penalty—20 penalty units.’. 5 Amendment of s 229 (Rural industry exemption) (1) Section 229(1)(e)— omit, insert — ‘(e) part 10; and (f) this section.’. (2) Section 229(1A)— omit, insert— ‘ (1A) On and from 1 January 2003, an employer in rural industry must also comply with part 21, division 2.’. PART 3—AMENDMENT OF WORKPLACE HEALTH AND SAFETY (MISCELLANEOUS) REGULATION 1995 6 Regulation amended in pt 3 This part amends the WorkplaceHealthandSafety(Miscellaneous)Regulation 1995. 7 Omission of pt 8, div 2 (Construction workplace amenities) Part 8, division 2— omit.

s 8 12 s 9 Workplace Health and Safety Legislation Amendment No. 201, 2002 Regulation (No. 1) 2002 8 Omission of sch 8 (Construction workplace amenities) Schedule 8— omit. PART 4—REPEALS 9 Repeal of legislation The following legislation is repealed— • Workplace Health and Safety (Code of Practice for Project Amenities) Amendment Notice (No. 1) 1996 SL No. 443 • Workplace Health and Safety (Falls from Heights) Amendment Advisory Standard Notice 1998 SL No. 141. ENDNOTES 1. Made by the Governor in Council on 15 August 2002. 2. Notified in the gazette on 16 August 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Industrial Relations. © State of Queensland 2002