Workplace Health and Safety Regulations 1998 (TAS)

Workplace Health and Safety Regulations 1998

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Workplace Health and Safety Act 1995 .30 November 1998

G. S. M. GREEN

Governor

By His Excellency’s Command,

P. A. LENNON

Minister for Infrastructure, Energy and Resources

PART 1Preliminary1Short titleThese regulations may be cited as the Workplace Health and Safety Regulations 1998 . 2Commencement (1)  These regulations, other than regulations 12, 19, 21, 22, 28, 50, 67, 68, 75, 77, 78, 93, 102, 110, 111, 120, 128 and 131, take effect on the day on which their making is notified in the Gazette. (2)  Regulations 12 , 19 , 22 , 67 , 75 , 77 , 78 and 128 take effect 3 months after the day on which the making of these regulations is notified in the Gazette. (3)  Regulations 21 , 28 , 50 , 68 , 93 , 102 , 110 , 111 and 120 take effect 6 months after the day on which the making of these regulations is notified in the Gazette. (4)  Regulation 131 takes effect on 30 June 1999. 3InterpretationIn these regulations, the terms set out in Schedule 1 have the meanings assigned to those terms in that Schedule. 4PenaltiesA reference in a penalty provision to a level is a reference to the level of the penalty as described in Schedule 3 . 5Accountable personIn these regulations, a reference to an accountable person is to be read as a reference to – (a) any person who is responsible for the management or control of the relevant place at which work is undertaken; or (b) any person temporarily acting in the capacity of a person referred to in paragraph (a) ; or (c) any other person on whom the Act imposes a duty or an obligation relevant to the regulation containing the reference. PART 2General Application6Adoption of Standards (1)  A standard, rule, code or specification adopted by these regulations – (a) forms part of these regulations subject to any modification expressed in the regulation adopting the standard, rule, code or specification; and (b) applies only in respect of any regulation that refers to it, unless otherwise stated; and (c) is to be interpreted so as to give effect to the intent of these regulations. (2)  A reference to a standard as "AS" followed by a number is a reference to the standard of that number as set out in Schedule 2 . (3)  A reference to a standard is to be construed as including a reference to that standard as amended and in force for the time being and to a standard published in substitution for that standard. 7Compliance with other legislation (1)  If a building or structure in a workplace is in a condition that puts, or has the potential to put, the health or safety of a person employed or engaged at that workplace at risk, the Director may require the owner of the building or structure to ensure compliance with the following: (a) the Local Government (Building and Miscellaneous Provisions) Act 1993 ; (b) the Building Regulations 1994 ; (c) the Plumbing Regulations 1994 ; (d) the Fire Service Act 1979 ; (e) the General Fire Regulations 1975 ; (f) the Dangerous Goods Act 1976 ; (g) the Dangerous Goods Regulations 1994 ; (h) the Environmental Management and Pollution Control Act 1994 . (2)  When so required by the Director, the owner of the building or structure must ensure compliance with the relevant legislation referred to in subregulation (1) .

Penalty:  Level 3.

8Notice under section 38 of Act (1) An employer or other person on whom a notice is served under section 38(1) of the Act must comply, or take reasonable steps towards complying, with the notice as soon as practicable but not more than 30 days after being served.

Penalty:  Level 2.

(2)  The employer or other person, on complying with the notice, must notify the Department in writing of that compliance.

Penalty:  Level 1.

9Provision of training and service (1)  Any training, assessment or service required by these regulations is to be provided in accordance with – (a) any relevant industry competency standards and criteria conforming to national industry standards or as approved by the Tasmanian State Training Authority; or (b) any relevant health and safety competency standards approved by the Director; or (c) any relevant course of training approved by the Director; or (d) any other relevant standard, rules or qualifications the Director considers appropriate. (2)  A person must not provide training or a service to any level less than provided for by this regulation.

Penalty:  Level 2.

(3)  This regulation does not preclude on the job training of employees by the employer or other employees employed by the same employer. 10Certain provisions of no effectAn obligation in an approved code of practice or other document to approve, notify, maintain a register, keep records or hold qualifications or a form of accreditation applies if – (a) the Director so requires; or (b) the obligation is specifically referred to in the Act or these regulations; or (c) the Minister, by notice published in the Gazette, approves the application of the obligation to any person or class of persons; or (d) the obligation relates to a record detailing the last record taken, in which case the last measurement taken is to be recorded. 11Transferred responsibilitiesThe obligations and responsibilities imposed on the manufacturer, designer or design verifier of plant or the manufacturer of a hazardous substance by these regulations apply to – (a) whichever of the following is based in Tasmania: (i) the designer; (ii) the design verifier; (iii) the manufacturer; (iv) the importer; (v) the supplier; or (b) if no such person is based in Tasmania, the purchaser of the plant or substance. 12RecordsA person required to keep a record under these regulations must – (a) make the record available to the health and safety committee or employees’ safety representative for inspection if so requested, unless the record relates to the physical or mental condition or the personal affairs of a person; and (b) include the date and the name of any person attesting to the accuracy of the record.

Penalty:  Level 1.

13Appeal procedure (1) An appeal under section 41 of the Act is to be forwarded to the Director. (2)  On receipt of a notice of appeal, the Director must forward to the appeal tribunal a copy of – (a) the appeal; and (b) the notice or correspondence in respect of which the appeal is made. (3)  Within 5 working days after receiving the notice, the Director is to notify the parties to the appeal of the time and place for its hearing. (4)  A party to an appeal, with the consent of the appeal tribunal and the other party, may be represented by – (a) a legal practitioner, an employer or employee organisation or an interpreter; or (b) if the party is illiterate, by another person. (5)  After hearing and determining an appeal, the appeal tribunal is to – (a) make an order in writing; and (b) send copies of that order to every party to the appeal. PART 3ObligationsDivision 1General obligations in relation to workplace hazards14Complaints (1)  A person may make a complaint to an inspector in respect of any matter relating to health and safety in connection with a workplace. (2)  If a complaint is made in writing, the inspector, as soon as is reasonably practicable after receiving the complaint, must make inquiries and take any other steps the inspector considers necessary to investigate the matter. (3)  Before an inspector acts on a complaint, the person making the complaint must be able to demonstrate to the inspector that – (a) the complaint has been raised with, and considered by – (i) the relevant accountable person; or (ii) the employees’ safety representative if one exists; or (iii) the health and safety committee, if one exists; and (b) a satisfactory resolution of the complaint could not be achieved. 15Consultation (1)  An accountable person, as far as is reasonably practicable, must ensure that consultation occurs with any relevant health and safety committee, employees’ safety representative or employee – (a) in complying with any identification, assessment or control provision of these regulations; or (b) if a proposed change at a workplace is likely to have a significant detrimental effect on the health, safety or welfare of any person.

Penalty:  Level 2.

(2)  The accountable person must give proper consideration to the outcome of any consultation undertaken.

Penalty:  Level 2.

16Disclosure of information (1) Further to section 32 of the Act and subject to subregulation (2) , a person must not disclose information to another person if the information relates to – (a) commercial or trading operations; or (b) the physical or mental condition, or the personal circumstances or affairs, of an employee or other person at a workplace.

Penalty:  Level 1.

(2)  The disclosure of information referred to in subregulation (1) is permitted if it is – (a) made in the course of the performance of the person’s functions under the Act or these regulations; or (b) a disclosure of statistical information; or (c) required by law; or (d) made with the consent of the person to whom the information relates. 17Hazards and risks in workplace (1)  An accountable person, as far as is reasonably practicable, must – (a) identify all hazards arising, or which may arise, in a workplace; and (b) assess the risk associated with those hazards; and (c) implement appropriate measures to control that risk.

Penalty:  Level 3.

(2)  In identifying a hazard and assessing and controlling a risk, the accountable person must consider – (a) any relevant code of practice approved under section 22 of the Act; and (b) any standard, rule, code or specification relating to the hazard of which the person ought to have been aware.

Penalty:  Level 3.

18Risk assessment (1)  An identification and assessment of the risks associated with a hazard must be undertaken at the following times: (a) as soon as reasonably practicable after the commencement day; (b) before the introduction of any plant, or substance for the first time at a workplace; (c) before work of a type not previously performed at a workplace is commenced; (d) when there is a change in the type of work, work practices or plant at a workplace; (e) when new information becomes available concerning work, work practices, plant or substances at a workplace that may impact on the health or safety of an employee or other person at the workplace.

Penalty:  Level 2.

(2)  An accountable person must ensure a risk assessment which adequately addresses the hazards identified is undertaken by a competent person.

Penalty:  Level 3.

(3)  The accountable person must ensure that the risk assessment is reviewed and, if necessary, revised – (a) as soon as practicable if there is evidence to indicate that it is no longer valid; or (b) at intervals not longer than 5 years, if there is no such evidence.

Penalty:  Level 3.

(4)  If the assessment indicates a significant risk to the health or safety of any person, the accountable person must keep a written record of the assessment.

Penalty:  Level 2.

(5)  The accountable person must – (a) keep the record of any assessment for a period of 5 years after the last revision; and (b) on the request of a person who is or may be exposed to a risk to which the record relates, make the record available to that person.

Penalty:  Level 2.

(6)  A risk assessment may be carried out – (a) on individual items of plant or substances; or (b) if multiple items of plant or substances of the same design or composition are installed and used under the same conditions, on a representative sample unless the risk may vary from operator to operator. 19Control of risk (1)  An accountable person must ensure the exposure of any person to an identified hazard at a workplace is controlled to eliminate or minimise the risk to the health or safety of the person.

Penalty:  Level 3.

(2)  The control of risk arising from a person’s exposure to a hazard is to be achieved through the progressive application of the following control measures until the risk is minimised: (a) firstly, the elimination of the hazard from the workplace; (b) secondly, if elimination is not reasonably practicable, the substitution of the hazard by something that is a lesser hazard; (c) thirdly, if substitution is not reasonably practicable, the isolation of the hazard from the person being put at risk; (d) fourthly, if isolation is not reasonably practicable, the control of the hazard by engineering means; (e) fifthly, if engineering means are not reasonably practicable, the control of the hazard by administrative means, including the adoption of safe working practices; (f) sixthly, if administrative means are not reasonably practicable, the use of personal protective equipment. (3)  Where a significant risk remains after the application of the control measures set out in subregulation (2) , the accountable person must apply a combination of those measures until the risk is minimised.

Penalty:  Level 3.

(4)  The accountable person must – (a) adopt the highest ranked control measure or measures practicable; and (b) provide proof that a higher ranked control measure was not reasonably practicable, if required by an inspector to do so.

Penalty:  Level 3.

20Provision of information (1)  An accountable person, if requested by another person, must provide to that other person any relevant health and safety information that is not commercially sensitive or of a personally confidential nature and that is necessary for that other person to fulfil his or her work-related obligations at that workplace.

Penalty:  Level 2.

(2)  Subregulation (1) does not apply to information that the other person could reasonably obtain by other means. 21Monitoring (1)  An accountable person must ensure that a hazard at a workplace is monitored if – (a) an assessment under regulation 17 indicates that monitoring of a person’s exposure to the hazard is required; or (b) personal protective equipment is required at the workplace to control the risks associated with the hazard arising from exposure to noise or airborne substances.

Penalty:  Level 2.

(2)  An accountable person must ensure that any measures applied under regulation 19 are monitored to ensure that they are operating effectively and providing an appropriate level of control.

Penalty:  Level 2.

(3)  The accountable person must ensure the hazard is monitored by a competent person.

Penalty:  Level 2.

(4)  An accountable person must keep a record of the results of all monitoring undertaken for a period of 5 years from the date of the last monitoring, unless otherwise required by these regulations or an approved code of practice.

Penalty:  Level 3.

(5)  An accountable person must ensure that an employee who is at risk of being exposed to a hazard which is subject to monitoring – (a) is provided with results of the monitoring; or (b) has reasonable access to any records of the monitoring.

Penalty:  Level 2.

22Health surveillance (1)  An employer must arrange for health surveillance of an employee exposed to any of the following substances: (a) a notifiable carcinogenic substance, within the meaning of the National Standard for the Control of Workplace Hazardous Substances, Part 2 – Scheduled Carcinogenic Substances, (National Model Regulations) , issued by Worksafe Australia; (b) a substance listed in Schedule 4 or 6 , if the level of exposure constitutes, or is likely to constitute, a risk to the health or safety of the employee; (c) a prohibited substance, if the level of exposure constitutes, or is likely to constitute, a risk to the health or safety of the employee; (d) any other substance that the Director determines, if the level of exposure constitutes, or is likely to constitute, a risk to the health or safety of the employee.

Penalty:  Level 2.

(2)  The surveillance is to – (a) take into account the types of surveillance set out in Schedule 4 ; and (b) be performed at the expense of the employer; and (c) be performed by a person the employer considers competent to conduct the surveillance and interpret the results. (3)  The person referred to in subclause (2)(c) is to be a registered medical practitioner or a person acting under the supervision of a registered medical practitioner. (4)  As soon as reasonably practicable after a surveillance is undertaken, the person conducting the surveillance must – (a) notify in writing the employer and the person of the results and provide an explanation of those results if requested by the employer or the person; and (b) advise the employer of any remedial action that can be taken. (5)  As soon as reasonably practicable after receiving advice under subregulation (4)(b) , an employer must – (a) assess the risk of the person’s exposure to the hazard in accordance with regulation 18 ; and (b) implement the control measures required under regulation 19 .

Penalty:  Level 2.

(6)  An employer must ensure that a record of all health surveillance results is kept for 30 years.

Penalty:  Level 2.

(7)  On the termination of a person’s employment, the employer, if requested by the person, must provide the person, or cause the person to be provided, with a verified copy of the health surveillance results.

Penalty:  Level 2.

(8)  Any person who causes a health surveillance to be done in relation to an employee, or interprets the results of that surveillance, must notify the Director of any adverse result detected that is consistent with exposure to – (a) a substance listed in Schedule 4 or 6 ; or (b) a prohibited substance; or (c) a notifiable carcinogenic substance; or (d) any other substance determined by the Director under subregulation (1)(d) that the Director determines.

Penalty:  Level 2.

23Action on reports of hazardous situationsWhen notified of a hazardous situation at a workplace, the accountable person in charge of the workplace at that time must ensure that action is taken as soon as is reasonably practicable to minimise any risk associated with that situation.

Penalty:  Level 2.

24Emergency procedures and trainingAn accountable person must provide as far as is reasonably practicable for the safe and rapid evacuation of persons from the workplace in the event of an emergency.

Penalty:  Level 3.

25Rescue arrangementsIf a workplace is a designated workplace or the identification, assessment and control requirements determine that the nature of any work or the location of any workplace is such that there is a risk to the health or safety of a person during the performance of work, an accountable person must ensure as far as is reasonably practicable that – (a) appropriate rescue equipment is provided and maintained; and (b) any person involved in the work receives appropriate training and instruction in the action to be taken in an emergency, including – (i) any established rescue procedures; and (ii) the safe and proper use of rescue equipment provided.

Penalty:  Level 2.

26Alcohol, drugs and smoking in workplace (1)  Except with the permission of the employer or for legitimate medical reasons, an employee must not consume drugs or alcohol in the workplace.

Penalty:  Level 2.

(2)  An employee must notify his or her employer if the employee’s taking of, or failure to take, medication is likely to affect the safety of the employee or any other person at the workplace.

Penalty:  Level 2.

(3)  An accountable person who has reasonable grounds for believing that a person is incapable of safely performing his or her duties, or may constitute a risk to another employee, due to the effects of alcohol, drugs or illness, must arrange for that person’s removal from the workplace.

Penalty:  Level 1.

(4)  An accountable person may, by written notice displayed prominently in the relevant area, declare a part, or the whole, of a workplace to be a smoke free area. (5)  A person must not smoke in an area declared to be a smoke free area.

Penalty:  Level 1.

27Safety of facilities (1)  A person having control over a location at which a permanent or temporary facility is erected or installed must ensure that the facility is erected or installed, and is maintained, so as to minimise the risk to the health or safety of any person.

Penalty:  Level 3.

(2)  For the purposes of subregulation (1) , facility includes the following: (a) an amusement structure; (b) a public stand; (c) staging; (d) a portable shelter; (e) a pole; (f) a structure for containing or controlling a crowd; (g) a fence; (h) a system or service associated with – (i) electrical supply; or (ii) water supply; or (iii) sewerage or stormwater disposal. 28StructuresA person who has management and control of a structure at a workplace must ensure, so far as it is relevant to their obligations, that it and any item it supports are – (a) designed by – (i) a qualified engineer; or (ii) if that is not reasonably practicable, by another competent person; and (b) used in a manner for which they were designed; and (c) maintained by a competent person.

Penalty:  Level 3.

29Access and egressAn accountable person must ensure that suitable means of access and egress are provided at a workplace which is in a building or structure.

Penalty:  Level 2.

30Body corporate ceasing to do businessA body corporate which ceases doing business in the State must offer any records kept under these regulations to the Director.

Penalty:  Level 2.

Division 2Employees' safety representatives31Election under section 32 of ActAn election under section 32 of the Act is to be carried out as follows: (a) an employee in a workplace is to call a meeting giving 14 days’ notice of the time and place of the meeting to the employer and to each employee in that workplace; (b) the meeting is to – (i) determine the manner and date of the election; and (ii) appoint one of the employees or a union official relevant to that workplace to be a Returning Officer; (c) the person appointed as Returning Officer is responsible for calling for nominations and conducting the election; (d) when the date of the election is determined, the Returning Officer is to – (i) display in the workplace notice of the nominations and the date for at least 14 days before the election; and (ii) advise the employer of the date; and (iii) distribute ballot papers to each employee at least 14 days before the election if so required by the meeting called under paragraph (a) ; (e) each employee in the workplace is entitled to vote at the election; (f) the election is not valid unless more than 50% of employees employed at the workplace make a valid vote; (g) the Returning Officer, following the election, is to forward to the Director – (i) the name of any elected employees’ safety representative; and (ii) a declaration by the elected representative that he or she accepts the position; and (iii) a declaration by the Returning Officer that the election is valid and was conducted in accordance with this regulation; and (iv) if more than one representative is elected, a declaration by the employer that the employer agrees to more than one representative; (h) unless the employer otherwise agrees, an election is not to be held more than 3 months from the date on which a representative’s appointment is to cease. 32Certificate of appointment (1)  On receipt of the declaration under regulation 31(g) , the Director is to issue the elected person with a certificate of appointment as an employees’ safety representative for the workplace concerned. (2)  An appointment has effect for 3 years unless – (a) it is cancelled in accordance with regulation 38 ; or (b) an election is held in accordance with these regulations to elect a new employees’ safety representative; or (c) the representative ceases to be employed at the workplace; or (d) the representative resigns by notice in writing given to the Director. 33TrainingAs soon as reasonably practicable, but in any event not later than 6 months, after the appointment of an employees’ safety representative, the employer must take all reasonable steps to ensure that the employees’ safety representative undertakes, during normal working hours, training provided in accordance with regulation 9 .

Penalty:  Level 2.

34Employees' safety representative's functions (1)  The functions of an employees’ safety representative are – (a) to represent the health and safety interests of employees; and (b) to encourage safe work practice; and (c) to bring to the notice of the employer any safety or health hazard of which that representative is aware. (2)  An accountable person must allow an employees’ safety representative, for the purposes of carrying out his or her functions, provided it is safe to do so, to – (a) inspect, during his or her normal working hours, any part of the workplace as is reasonably necessary; and (b) accompany an inspector in the course of his or her inspection of the workplace, if the inspector so requests; and (c) immediately inspect the whole or any part of the workplace if there is an accident or dangerous occurrence at the workplace or there is an immediate threat of such an occurrence.

Penalty:  Level 1.

(3)  An employees’ safety representative, after consultation with the accountable person, may request an inspector to conduct an inspection at the workplace. (4)  If requested by the employee concerned, an employees’ safety representative may be present at any meeting concerning the employee’s health and safety at work between any combination of the following persons: (a) an employer; (b) an employee; (c) a case manager; (d) a rehabilitation provider; (e) a medical practitioner; (f) an inspector; (g) any other relevant person. 35Employer to provide information (1)  An accountable person must allow the employees’ safety representative reasonable access to the results of any inquiry made by the accountable person into an accident, occupational injury or occupational illness in the workplace that the employees’ safety representative represents.

Penalty:  Level 1.

(2)  An accountable person, as far as is reasonably practicable, is to provide to the employees’ safety representative any information which is reasonably available to the accountable person in relation to hazards of the work carried out in the workplace. (3)  The accountable person is not required to give to the employees’ safety representative any information that may incriminate any person. (4)  An accountable person must not, by reason only of the fact that an employee is performing the functions of an employees’ safety representative – (a) dismiss the employee from employment; or (b) threaten the employee with dismissal; or (c) do anything to prejudice the employees’ safety representative’s ability to carry out the functions set out in regulation 34 .

Penalty:  Level 3.

36Process on contravention of Act or regulations (1)  An employees’ safety representative must consult with – (a) any person whom the representative believes is contravening, has contravened, or is likely to contravene, a provision of the Act or these regulations; and (b) that person’s employer. (2)  If, after 30 working days of the employees’ safety representative’s appointment or on the completion of training under regulation 33 , whichever is the earlier, the employees’ safety representative considers that the health or safety of any person is at risk, the employees’ safety representative may issue a written direction to the accountable person specifying – (a) the contravention; and (b) any action required to be taken. (3)  The direction referred to in subregulation (2) is to specify a period of not less than 7 days within which the action must be taken. (4)  The employees’ safety representative must provide a copy of the direction to the Director.

Penalty:  Level 1.

(5)  An accountable person must – (a) comply with the direction within the time specified; or (b) request in writing an inspector to review the direction.

Penalty:  Level 2.

(6)  As soon as is reasonably practicable after receiving a request under subregulation (5)(b) , the inspector is to confirm, vary or cancel the direction. 37Direction to cease work (1)  If, after consultation with the accountable person, in the employees’ safety representative’s opinion there remains a risk of serious injury to, or serious harm to the health of, any person – (a) the employees’ safety representative may require the accountable person to direct any employee to cease work; or (b) if consultation is not possible, the employees’ safety representative may advise the employee that he or she may cease work under section 17 of the Act. (2)  The employees’ safety representative must provide the accountable person and the Department with written reasons for the direction or advice to cease work as soon as reasonably practicable and in no case later than 24 hours after giving the direction or advice. (3)  The accountable person must – (a) ensure that an employee complies with a direction under subregulation (1)(a) ; or (b) request in writing an inspector to review the direction.

Penalty:  Level 2.

(4)  As soon as reasonably practicable after receiving a request under subregulation (3)(b) , an inspector is to confirm, vary or cancel the direction. (5)  If the direction or advice is confirmed, the accountable person is liable for any costs charged by the Department with respect to the review. (6)  The direction or advice and the reasons for the direction or advice may be used as evidence in proceedings under the Act. 38Cancellation of appointment (1)  An employer or an inspector may apply in writing to the Director to cancel the appointment of an employees’ safety representative. (2)  An application may be made on any one or more of the following grounds: (a) the employees’ safety representative does not have the support of the majority of the employees represented; (b) the employees’ safety representative acted with the intention of causing harm to the employer or the employer’s work activities; (c) the employees’ safety representative acted unreasonably, capriciously or otherwise than for the purpose for which he or she was appointed; (d) the employees’ safety representative did not comply with section 32 of the Act. (3)  Within 14 days of receipt of an application, the Director is to cause an investigation of the allegations contained in the application. (4)  If the Director is satisfied of any of the grounds specified in subregulation (2) , the Director may – (a) cancel the appointment; and (b) prohibit the person from being appointed as employees’ safety representative for any period up to 5 years. (5)  The Director is to provide written advice of his or her findings to the employees’ safety representative, the employer and, if the application under subregulation (1) was made by an inspector, to the inspector. (6)  If the Director is not satisfied of any of the grounds specified in subregulation (2) , the Director may require the applicant to pay the costs associated with the application. Division 3Competency requirements39Requirement to hold a certificate of competency (1)  A person must not perform a specified task unless the person holds a certificate of competency in relation to that task.

Penalty:  Level 2.

(2)  An accountable person must not direct any person to perform a specified task unless that person holds a certificate of competency in relation to that task.

Penalty:  Level 2.

(3)  Subregulations (1) and (2) do not apply if the person performing the work is undertaking – (a) training under direct supervision by a competent person; or (b) an assessment of the person’s competence; or (c) maintenance, testing or repair work if – (i) the equipment is not used or operated under normal operating conditions; and (ii) the person in control is a competent person; or (d) a specified task covered by an industry-based accreditation system approved by the Director. 40Application for certificate of competency (1)  A registered assessor must ensure that an applicant satisfies – (a) any conditions of eligibility specified in the National Occupational Health and Safety Certification Standard for Users and Operators of Industrial Equipment issued by Worksafe Australia; and (b) any other requirements specified by the Director.

Penalty:  Level 2.

(2)  A person who satisfies the requirements of subregulation (1) in relation to a task may apply for a certificate of competency in relation to that task. (3)  An application for a certificate of competency in relation to a specified task is to be – (a) in a form approved by the Director; and (b) accompanied by – (i) verification by the assessor that the assessor has sighted proof of the applicant’s identity and age; and (ii) any information required by the Director or by the national standard referred to in subregulation (1)(a) for an application for that specified task. 41Issue of certificate (1)  The Director may – (a) grant an application; or (b) refuse to grant an application. (2)  The Director may grant an application subject to any conditions the Director considers appropriate. (3)  If the Director grants the application, the Director is to issue a certificate of competency to the applicant. (4)  If the Director refuses to grant an application, the Director is to give written notice of the refusal and the reasons for it to the applicant and the registered assessor. (5)  If the Director is not satisfied that an applicant for a certificate is competent to perform the work of a class applied for but is satisfied that the person is competent to perform work of some other class, the Director may grant to the applicant a certificate restricted to that other class of work. (6)  The Director may issue a certificate if satisfied that an applicant holds an equivalent certificate from another jurisdiction. 42Cancellation or suspension of certificate of competency (1)  The Director may by notice in writing require the holder of a certificate of competency to appear before the Director or a person or persons nominated by the Director to show cause why the certificate should not be cancelled or suspended. (2)  A notice by the Director under subregulation (1) is to be delivered to the certificate holder, or sent by certified mail, not less than 14 days before the day the certificate holder is to appear. (3)  The Director, by notice in writing served on the holder of a certificate of competency, may cancel or suspend the certificate for a period that the Director considers appropriate if satisfied that the holder – (a) has obtained the certificate on the basis of false or misleading information; or (b) has failed to act competently; or (c) is no longer competent to carry on the specified task to which the certificate relates without risk to the health or safety of the holder or another person; or (d) has contravened or failed to comply with the Act or regulations. (4)  The holder must surrender any cancelled or suspended certificate of competency to the Director within 7 days of receiving notice of the cancellation or suspension.

Penalty:  Level 1.

(5)  If a certificate relates to more than one class of tasks, the Director may cancel or suspend the certificate of competency in relation to any or all of those classes. (6)  If the Director cancels or suspends a certificate of competency in relation to a task, the Director is to take possession of the certificate and issue a new certificate omitting any certificate endorsement subject to cancellation or suspension. 43Reciprocal cancellation or suspensionIf – (a) a certifying authority from another jurisdiction – (i) recommends that the holder of a certificate of competency issued under these regulations should have that certificate cancelled or suspended in accordance with the National Occupational Health and Safety Certification Standard for Users and Operators of Industrial Equipment issued by Worksafe Australia; and (ii) informs the Director of that recommendation; and (b) the Director does not cancel or suspend the certificate – the Director must advise the Minister in writing of the reasons for not cancelling or suspending the certificate. 44Register of qualificationsBefore allowing or directing a person to undertake a specified task, an accountable person must – (a) confirm that the person is appropriately qualified and competent to undertake the task; and (b) ensure that – (i) details of the person’s qualifications are recorded in a register at the relevant workplace and that the register is available for inspection by an employees’ safety representative or an inspector; or (ii) the person carries a copy of details of his or her qualifications.

Penalty:  Level 3.

Division 4Registration of assessors and plant inspectors45Application for registration (1)  A person may apply to be registered as an assessor or a plant inspector. (2)  An application is to be – (a) in a manner and form approved by the Director; and (b) accompanied by any information as to the qualifications and experience of the applicant required by the Director. 46Issue of registration (1)  The Director may – (a) grant an application, with or without conditions; or (b) refuse to grant the application. (2)  If the Director grants an application, the Director is to issue a registration to the applicant. (3)  If the Director refuses an application, the Director is to give the applicant written notice of the refusal and the reason for it. 47Recognition of qualifications (1)  A person may do the work of a registered assessor or plant inspector without being registered under this Division if the person holds qualifications or accreditation that would enable the person to undertake, in another State or Territory in which qualifications or accreditation are required, the same or essentially the same, work as an assessor or plant inspector in this State. (2)  A person to whom subregulation (1) applies is taken to be a registered person 48Contravention of conditionA person must not contravene any condition imposed by the Director under regulation 46(1)(a) .

Penalty:  Level 2.

49Cancellation or suspension of registration (1)  The Director may by notice in writing require a registered person to appear before the Director or a person or persons nominated by the Director to show cause why the registration should not be cancelled, suspended or modified. (2)  A notice by the Director under subregulation (1) is to be delivered to a registered person, or sent by certified mail, not less than 14 days before the time the registered person is to appear. (3)  The Director, by notice served on a registered person, may cancel, suspend or modify the registration for a period that the Director considers appropriate if satisfied that the registered person – (a) failed to meet the conditions specified at the time of registration; or (b) failed to act in a competent manner; or (c) has obtained registration on the basis of false or misleading information; or (d) is no longer competent to carry out the specific function to which the registration relates; or (e) has contravened or failed to comply with the Act, regulations or other specified documentation; or (f) failed to pay a fee specified. 50Work requiring registrationSubject to regulation 47 , a person must not undertake work requiring registration under this Division unless he or she is registered.

Penalty:  Level 3.

51Expiry and renewal of registration (1)  A registration expires 3 years after the date of issue unless otherwise specified in writing by the Director. (2)  A person may apply to the Director for the renewal of a registration not more than 3 months before the registration expires. (3)  An application for renewal is to be in a manner and form determined by the Director. (4)  The Director may – (a) grant an application for renewal, with or without conditions; or (b) refuse to grant the application. (5)  A registration is renewed subject to any conditions specified in the registration as renewed. (6)  If an application to renew a registration is granted before the registration ceases to be in force, the period referred to in subregulation (1) starts on the day the registration ceases to be in force. 52Assessor to maintain records (1)  A registered assessor is to maintain records of details relating to the assessment of any person the assessor assesses in relation to an application for a certificate of competency. (2)  A registered assessor must ensure that information relating to any certificate of competency application is not divulged without the applicant’s consent to any person other than the applicant, the applicant’s employer or a person authorised by the Director.

Penalty:  Level 2.

53Inspection of registered plant (1)  Unless otherwise approved by the Director, a registered plant inspector is to inspect registered plant set out in Schedule 7  – (a) as soon as reasonably practicable after the commencement day, but in any case not more than 6 months after that day; and (b) before it is first used at the workplace; and (c) after major structural repairs are carried out, or significant alterations or significant additions are made to a load-bearing part or pressure-retaining part of the plant; and (d) at intervals determined by – (i) an approved code of practice, where one exists; or (ii) the manufacturer of the registered plant, if a code of practice does not exist; or (iii) the Director, if there is conflict or other advice is not available.

Penalty:  Level 2.

(2)  If, following an inspection under subregulation (1) , a registered plant inspector – (a) is satisfied that the registered plant complies with these regulations and any relevant standards and approved codes of practice, the registered plant inspector must – (i) issue a certificate of inspection not later than 14 days after the date of the inspection, to the relevant accountable person; and (ii) not later than 60 days after the date of the inspection, notify the Director and provide the Director with any summary details and other details of inspection the Director requires; or (b) is not satisfied that the plant complies with these regulations and any relevant standards and approved codes of practice, the registered plant inspector must – (i) if the defect does not affect the safe operation of the plant, issue a certificate of inspection to the accountable person stating a time within which the defect must be rectified; and (ii) if the defect does, or may, affect the safe operation of the plant, issue a certificate of inspection to the accountable person stating that the plant must not be used; and (iii) not later than 60 days after the date of the inspection, notify the Director and provide the Director with any details of the inspection the Director requires.

Penalty:  Level 2.

(3)  The accountable person must retain a current certificate of inspection at the workplace and make the certificate available for inspection on demand by an inspector or other person authorised by the Director.

Penalty:  Level 1.

(4)  The accountable person must – (a) cause all certificates of inspection to be kept for the serviceable life of the plant; or (b) maintain a register containing the current certificate of inspection and detailing any significant work done to the plant together with reasons for the work.

Penalty:  Level 2.

(5)  If control of the plant is transferred to another accountable person, the certificates and the register must be transferred to that person.

Penalty:  Level 1.

(6)  If the Director requires an inspection to be carried out, the owner of the registered plant may be required to pay the costs of and incidental to that inspection. (7)  A person must not conceal from a registered plant inspector any defect in, defective controls or fittings of, or any damage to, the plant.

Penalty:  Level 3.

(8)  The Director may authorise a person or organisation to perform an inspection at a specified workplace or on specified plant without registration notwithstanding that registration would normally be required. 54Use of registered plant (1)  A person must not use registered plant unless there is in force in respect of the plant a certificate of inspection.

Penalty:  Level 3.

(2)  Subregulation (1) does not apply to the testing or commissioning of registered plant before its use at the workplace if an accountable person is satisfied that the person using the plant is competent. (3)  A person must not use any plant that has defects that in a registered plant inspector’s opinion may affect the safe operation of the plant.

Penalty:  Level 3.

55Invalidation of certificate of inspection (1)  A certificate of inspection is no longer valid if there is – (a) a change to the plant that results in the plant no longer complying with the registered design; or (b) in the case of plant that is normally fixed, a change of location at which the plant is used; or (c) a change in the condition of the plant so that it cannot be operated, or cannot be repaired to enable it to operate, to the standard to which it was designed. (2)  The Director, by notice served on the owner of registered plant in respect of which a certificate of inspection is in force, may invalidate the certificate of inspection if of the opinion that the plant does not satisfy the requirements of these regulations and any relevant standards and approved codes of practice. 56Repair and maintenance of registered plantIf repairs are to be performed on a load-bearing part or pressure-retaining part of registered plant, the relevant accountable person must ensure that – (a) a registered plant inspector or qualified engineer inspects the plant, or confirms in writing that the plant may be repaired, before the repairs are performed; and (b) the repairs are carried out and are verified by the manufacturer of the plant or a competent person as being safe; and (c) testing is carried out in accordance with any relevant approved code of practice; and (d) the plant is inspected by a registered plant inspector before it is returned to service.

Penalty:  Level 2.

57Responsibilities of registered plant inspectors (1)  A registered plant inspector is to – (a) maintain for 3 years records of details of the inspection of all plant inspected; and (b) provide those records for inspection when requested by an inspector or any other person authorised by the Director.

Penalty:  Level 2.

(2)  A registered plant inspector must ensure that the inspection of plant is conducted in accordance with – (a) any relevant approved code of practice; and (b) the manufacturer’s recommendations; and (c) any other requirements the Director considers necessary or appropriate to ensure the safe operation of the plant.

Penalty:  Level 3.

Division 5Personal protective equipment58Personal protection (1)  An accountable person must ensure that any personal protective equipment or clothing required to be provided by these regulations – (a) meets the requirements of any relevant standard issued by a prescribed authority; and (b) is hygienically maintained and used so as to provide the protection for which it was designed.

Penalty:  Level 2.

(2)  A person provided with personal protective equipment or clothing must – (a) wear the equipment or clothing at any time, and in any area, required by an accountable person; and (b) take reasonable care of the equipment or clothing; and (c) not deliberately damage or misuse the equipment or clothing.

Penalty:  Level 1.

(3)  A person who becomes aware of any damage to, or defect in, any personal protective equipment or clothing must immediately notify the accountable person.

Penalty:  Level 2.

59Areas to be signpostedAn accountable person must ensure, where reasonably practicable, that any identified hazardous area at which personal protective equipment or clothing is required to be used or worn is identified by appropriate signs.

Penalty:  Level 1.

60Use of air-supplied respiratory equipment (1)  An accountable person at any workplace in which air-supplied respiratory equipment is used must ensure that – (a) the equipment supplies air at a minimum rate of 170 litres per minute; and (b) the air contains not less than 19.5% and not more than 22% oxygen; and (c) the air does not have an objectionable or nauseous odour and, if measured at 15 degrees Celsius and 100 kilopascals, would contain – (i) not more than 11 mg of carbon monoxide in a cubic metre of air; and (ii) not more than 900 mg of carbon dioxide in a cubic metre of air; and (iii) not more than 1 mg of oil in a cubic metre of air; and (d) the air is supplied – (i) at a temperature not less than 15 degrees Celsius and not more than 25 degrees Celsius; and (ii) with a humidity not less than 20% and not more than 85%.

Penalty:  Level 1.

(2)  An accountable person must ensure that any air-supplied respiratory equipment – (a) is maintained in efficient working order; and (b) is not contaminated; and (c) incorporates fittings that cannot be connected to any other compressed air equipment at the workplace.

Penalty:  Level 1.

Division 6Work injuries and accidents61Notice of serious accident or dangerous incident (1) A notice of serious accident or dangerous incident required by section 47 of the Act is to include the following information: (a) the name of the employer; (b) the location of the workplace and the relevant area of the workplace; (c) the work that was being done at the time of the occurrence; (d) a brief description of the circumstances surrounding the occurrence; (e) the apparent cause of the incident; (f) the nature and extent of any damage caused; (g) the proposed preventative action to be taken to prevent a recurrence of the incident; (h) the names of any witnesses; (i) in the case of an injury – (i) the name of the person injured; and (ii) the nature, extent and bodily location of the injury; and (j) if death has occurred, the cause, date, time and place of death. (2)  If collection of the information referred to in subregulation (1) is likely to significantly delay the notification, preliminary advice is to be given to an inspector of such of the information as is available by the quickest practicable means. 62Notice of dangerous incidentA dangerous incident at a workplace includes the following: (a) an accidental explosion of gas, dust or explosive material; (b) an incident involving a high probability of severe electric shock; (c) a fire in a confined space including underground; (d) a serious fire, other than a bush fire, requiring the attention of a trained fire fighting team; (e) any interference with, or obstruction of the use of, a sole emergency egress from an area in which a person is required to work; (f) an accident or incident involving a mine winder or shaft, including a serious mine winder overwind; (g) any uncontrolled escape of high pressure oil or water; (h) the tipping over of self-propelled mobile plant; (i) an accident involving the failure of load-bearing or pressure-retaining components of registered plant; (j) any other type of incident of which an inspector has specifically requested notification. 63Recurrence to be preventedFollowing an accident or incident that causes, or has the potential to cause, serious injury or damage at a workplace, an accountable person must – (a) investigate the accident or incident to attempt to discover its cause; and (b) identify and implement measures to prevent a recurrence.

Penalty:  Level 2.

64Reporting of accidents (1)  Within 7 days after the end of each month the accountable person at a designated workplace must send to the Director the following reports: (a) a report describing all accidents that occurred in or about the workplace during a preceding month as a result of which a person was absent from work for at least one day or shift; (b) a report detailing the number of employees and employees of sub-contractors employed or engaged at a workplace and the number of hours they worked during that month.

Penalty:  Level 1.

(2)  Within 7 days after the end of each March, June, September and December, the accountable person at a workplace, other than a designated workplace, if required by the Director, must send to the Director the reports specified in subregulation (1) .

Penalty:  Level 1.

PART 4Hazards – GeneralisedDivision 1Manual Handling65Manual handlingIn addition to the hazard identification, risk assessment and control of risk requirements of Division 1 of Part 3 , an accountable person in a workplace must take all reasonable steps to ensure that the National Standard for Manual Handling , issued by Worksafe Australia, is complied with in the workplace.

Penalty:  Level 3.

Division 2Control of workplace hazardous substancesSubdivision 1Application66Application of Division 2 of Part 4This Division applies in respect of – (a) any hazardous substance; and (b) any workplace in which a hazardous substance is used or produced; and (c) any person who has been, or may be, exposed to a hazardous substance in that workplace. 67Scheduled carcinogenic substancesAt a workplace in which a carcinogenic substance or any of its salts is present as a pure substance or in a mixture, an accountable person must take all reasonable steps to ensure that the National Standard for the Control of Workplace Hazardous Substances, Part 2 – Scheduled Carcinogenic Substances, (National Model Regulations) , issued by Worksafe Australia, is complied with in the workplace.

Penalty:  Level 4.

68Lead processAt a workplace, an accountable person must ensure that any process at the workplace involving lead is undertaken in accordance with the National Standard for Control of Inorganic Lead at Work , issued by Worksafe Australia.

Penalty:  Level 2.

Subdivision 2Supplier's duties69Classification of hazardous substances (1)  A manufacturer or importer of a substance, before supplying the substance for use at a workplace, must determine whether the substance is a hazardous substance within the meaning of – (a) the List of Designated Hazardous Substances issued by Worksafe Australia; or (b) the Approved Criteria for Classifying Hazardous Substances issued by Worksafe Australia.

Penalty:  Level 3.

(2)  A manufacturer or importer of a substance, by notice in writing, must inform the Director that the substance is a hazardous substance if the substance – (a) is not a composite material, mixture or formulation; and (b) is a hazardous substance within the meaning of the Approved Criteria for Classifying Hazardous Substances issued by Worksafe Australia; and (c) is not already included in the List of Designated Hazardous Substances issued by Worksafe Australia.

Penalty:  Level 2.

70Material Safety Data Sheets (1)  A manufacturer or importer of a hazardous substance must – (a) prepare an MSDS before supplying the substance for use at a workplace; and (b) review and revise the MSDS – (i) as often as is necessary to keep it up to date; and (ii) in any event, at least every 5 years; and (c) provide a copy of the MSDS to the Director, in a format approved by the Director; and (d) ensure that the MSDS is readily available to any member of the public who requests a copy.

Penalty:  Level 3.

(2)  An MSDS must be prepared in accordance with the National Code of Practice for the Preparation of Material Safety Data Sheets issued by Worksafe Australia.

Penalty:  Level 2.

(3)  The supplier of a hazardous substance must provide a current MSDS for the substance to a person on the first occasion that the person purchases the substance from the supplier.

Penalty:  Level 2.

(4)  Subregulation (3) does not apply in relation to a hazardous substance supplied to a retailer or a retail warehouse operator in a consumer package that – (a) is intended for retail sale; and (b) is not intended to be opened on the premises of the retailer or the retail warehouse operator; and (c) holds less than – (i) 30 kilograms of the substance, if it is a solid; or (ii) 30 litres of the substance, if it is a liquid. (5)  The supplier of a hazardous substance must provide a copy of a current MSDS for the substance to any person who reasonably requires a copy.

Penalty:  Level 3.

71LabelsA supplier must not supply a chemical substance for use in a workplace unless the container in which it is held is labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances issued by Worksafe Australia.

Penalty:  Level 3.

72Disclosure of ingredients (1)  If a generic name is used to identify a Type 2 ingredient on any MSDS or label, the manufacturer or importer of the hazardous substance must identify the ingredient to a person nominated by the Director.

Penalty:  Level 2.

(2)  The manufacturer or importer of a hazardous substance must disclose the chemical identity of an ingredient to a legally qualified medical practitioner if the practitioner applies for disclosure of that information for the purposes of providing emergency or first aid treatment.

Penalty:  Level 3.

73Disclosure of chemical name (1)  If the chemical name of an ingredient of a hazardous substance for use at a workplace is not disclosed on any label or MSDS provided for the substance, any of the following may apply to the manufacturer or importer for disclosure of the chemical name of that ingredient: (a) the Director; (b) the accountable person; (c) the employer; (d) the employee; (e) the relevant responsible officer; (f) the health and safety committee; (g) the employees’ safety representative; (h) a person authorised by the Director. (2)  An application under subregulation (1) is to be made on the basis that it is necessary to protect the health and safety of any person who may be exposed to the hazardous substance through its use at a workplace. (3)  A manufacturer or an importer may require that the application – (a) be in writing; and (b) set out details of the grounds on which it is based. (4)  A manufacturer or an importer must respond in writing to an application within 30 days after receiving the application.

Penalty:  Level 2.

(5)  If a manufacturer or an importer rejects an application, the manufacturer or importer must provide the applicant with – (a) reasonable justification for the rejection; and (b) any information as may be necessary to protect the health and safety of any person who may be exposed to the substance through its use at a workplace.

Penalty:  Level 3.

74Other relevant informationA supplier of a hazardous substance for use at a workplace, if requested by an accountable person, must provide to the accountable person – (a) any NICNAS summary reports relating to the substance; and (b) any other relevant information which may assist in the safe use of the substance in the workplace.

Penalty:  Level 1.

Subdivision 3Employer's duties75Duties in relation to MSDSAn accountable person must ensure that an MSDS – (a) is obtained in relation to a hazardous substance on or before its first supply to a workplace; and (b) is readily accessible to any employee who may be exposed to the substance; and (c) is not materially altered.

Penalty:  Level 3.

76LabelsAn accountable person must ensure that – (a) any container holding a chemical substance used at a workplace is appropriately labelled; and (b) the label is not removed, defaced, modified or altered.

Penalty:  Level 3.

77Registers (1)  An accountable person must keep and maintain a register for all hazardous substances used or produced at the workplace.

Penalty:  Level 2.

(2)  An accountable person must make the register readily accessible to any employee who may be exposed to a hazardous substance at work.

Penalty:  Level 2.

(3)  Subregulation (1) does not apply to a retailer or retail warehouse operator in relation to any hazardous substance which is supplied in a consumer package which – (a) is intended for retail sale; and (b) is not intended to be opened on the premises of the retailer or retail warehouse operator; and (c) holds less than – (i) 30 kilograms of the substance, if it is solid; or (ii) 30 litres of the substance, if it is liquid. 78Other relevant informationAn accountable person must ensure any hazardous substance contained in an enclosed system, such as a pipe or piping system or a process or reactor vessel or storage tank, is clearly identified.

Penalty:  Level 2.

79Prohibition of scheduled substances for specific uses (1)  A person must not use a hazardous substance referred to in Schedule 6 for any purpose specified in that Schedule.

Penalty:  Level 3.

(2)  The Director may exempt a person from the operation of all or any part of Schedule 6 . Division 3PlantSubdivision 1Specific duties for control of risk80Electrical installations (1)  An accountable person who causes the erection, installation or commissioning of any plant must ensure that any electrical installation associated with that plant complies with AS 3000 .

Penalty:  Level 2.

(2)  An accountable person must ensure that all electrical installations and equipment installed and operated in areas subject to a risk of gas or dust explosion comply with AS 3000.

Penalty:  Level 3.

81Plant under pressure (1)  An accountable person must ensure that any gas cylinder at a workplace complies with AS 2030 and is inspected and maintained in accordance with that standard.

Penalty:  Level 3.

(2)  An employer who operates a gas cylinder test station must ensure that any gas cylinder presented for inspection or testing is inspected and tested in accordance with – (a) AS 2030 ; and (b) AS 2337.

Penalty:  Level 3.

82Amusement structuresAn accountable person must ensure that in relation to any amusement structure – (a) the structure is erected, operated, inspected and maintained in accordance with – (i) an approved code of practice; and (ii) any instructions from the designer or manufacturer or a competent person; and (b) log books are made available on the request of an inspector or registered plant inspector.

Penalty:  Level 2.

83Maintenance during operationIf the use of any plant involves a foreseeable risk to the health or safety of any person and it is not reasonably practicable to stop operating the plant during any maintenance or cleaning, an accountable person must ensure that the plant is not operated by a person other than a person authorised by the accountable person in writing to conduct the maintenance or cleaning.

Penalty:  Level 2.

84Lock-off requirements (1)  An accountable person must ensure that where there is a possibility of injury being caused, plant is fitted with an effective system of isolation in order to protect persons in the proximity of that plant from injury.

Penalty:  Level 3.

(2)  Where appropriate, a system for the isolation of plant is to include mechanical locks and whole current isolators. (3)  An accountable person must ensure that, if any plant is designed to be operated automatically or from more than one location, that plant is fitted with stop and lock-off type controls that effectively isolate the power source.

Penalty:  Level 3.

(4)  An accountable person must ensure, in the case of electrically powered plant, isolation is effected by the interruption of the power circuit and not the control circuit.

Penalty:  Level 3.

85RepairAn accountable person must ensure – (a) if the function or condition of plant is impaired or damaged to an extent that increases the risk to health or safety, that a competent person assesses the damage and advises the accountable person of – (i) the nature of the damage; and (ii) any repairs that may be carried out to minimise the risk to health or safety; and (b) that any repair, inspection or testing is carried out by a competent person; and (c) that repairs to plant are carried out so as to retain the plant within its design limits.

Penalty:  Level 2.

86Explosive-powered toolsA person at a workplace must not bring into a workplace an explosive-powered tool as defined in AS 1873 , unless the tool complies with the requirements of that standard.

Penalty:  Level 3.

87Mine windersA person must not travel on a mine winder unless he or she is familiar with the signalling system and code of signals used.

Penalty:  Level 1.

88Hoisting appliances and cranes (1)  A person must not ride on – (a) the hook or sling of a hoisting appliance or crane; or (b) a load which is being moved by a hoisting appliance or crane.

Penalty:  Level 2.

(2)  Subregulation (1) does not apply in respect of a work box referred to in Schedule 9 . 89Brittle roofs (1)  An accountable person at a workplace at which a person is required to work on a roof constructed of brittle material must ensure that suitable walkways or protective devices are provided, used and maintained to prevent the person from falling through or from the roof.

Penalty:  Level 3.

(2)  An accountable person must ensure that adequate warning signs are provided.

Penalty:  Level 2.

(3)  The owner of a building with a roof sheeted wholly or partly with brittle roof material must provide a walkway over the roof if a person is required to – (a) work regularly on the building roof; or (b) use the roof as a means of access.

Penalty:  Level 3.

90AlterationAn accountable person must ensure that if plant is altered it is altered, inspected and tested by a competent person, having regard to any relevant design specification, before the plant is returned to service.

Penalty:  Level 2.

91Disposal of plantIf plant to be disposed of contains any material or substance that may present a risk to health or safety, an accountable person must ensure that the disposal is carried out by a competent person.

Penalty:  Level 1.

92Prohibited types of nail gunsA person at a workplace must not bring onto, or use at, the workplace a nail gun that may be discharged by applying a force to the springs of the muzzle bracket of less than either of the following: (a) 50 Newtons; (b) 1.5 times the mass of the nail gun.

Penalty:  Level 3.

93Hiring of plant (1)  A person who hires out, or offers to hire out, any item of plant must ensure that – (a) the plant is fit for the purpose for which it was designed; and (b) any risks to health or safety from the use of the plant are, so far as is reasonably practicable, eliminated or minimised before the plant is let on, or offered for, hire; and (c) the plant satisfies the requirements of these regulations.

Penalty:  Level 2.

(2)  An accountable person who hires any item of plant for use in a workplace, or causes a hired item of plant to be used in a workplace, must ensure, so far as is reasonably practicable, that the plant is used – (a) for the purpose for which it was designed; and (b) in a manner that satisfies the requirements of these regulations and any relevant standards and approved codes of practice.

Penalty:  Level 2.

94LaddersAn accountable person must ensure that any ladder used in the workplace is – (a) used for the purpose it was designed for; and (b) except as otherwise approved by the Director, constructed in accordance with AS 1892 .

Penalty:  Level 2.

95Record keeping (1)  Unless otherwise approved by the Director, while any plant specified in Schedule 8 is operable and under an accountable person’s control, the accountable person must – (a) make and keep records of any relevant tests, maintenance, inspection, commissioning or alteration of the plant; and (b) make those records available on request to any employee, relevant employees’ safety representative, member of a safety committee or inspector.

Penalty:  Level 1.

(2)  An accountable person must ensure that the relevant records are – (a) kept for the life of the plant; and (b) transferred to any person acquiring the plant from the accountable person, unless the plant is being sold as scrap or spare parts.

Penalty:  Level 2.

Subdivision 2Registration of plant designs and items of plant96Registration of plant design (1)  Unless otherwise approved by the Director, a person must not manufacture, supply, hire or lease any item of plant specified in Schedule 9 unless the plant has a current design registration number issued by the Director under this subdivision.

Penalty:  Level 3.

(2)  An accountable person who has the management or control of plant, must not use, or permit or cause to be used, at a workplace an item of plant specified in Schedule 9 unless the plant has a current design registration number issued by the Director under this subdivision.

Penalty:  Level 3.

(3)  Subregulations (1) and (2) do not apply to plant that has a current design registration number issued in another State or a Territory under any law which corresponds to the Act. 97Application for registration of plant design (1)  A person may apply to the Director for the registration of a plant design. (2)  An application is to – (a) be made in a manner and form determined by the Director; and (b) include or be accompanied by – (i) a compliance statement, signed by the designer, verifying compliance with the provisions of these regulations relating to designers; and (ii) a verification statement verifying compliance with the nominated design standard, signed by the design verifier, specifying the name, business address and qualifications of the design verifier and, if applicable, of the design verifier’s employer; and (iii) a representational drawing of the plant design; and (iv) a statement of limitations of use of the plant. (3)  A person who applies for the registration of a plant design must ensure that the design has been verified by a design verifier as complying with a nominated design standard acceptable to the Director.

Penalty:  Level 3.

(4)  The Director may require a person who applies for the registration of a plant design to supply any of the following: (a) detailed drawings of the plant design; (b) design calculations; (c) details of operating instructions and any limitations; (d) diagrams of control systems, including the sequence for operating the controls; (e) details of maintenance requirements; (f) inspection requirements and frequency of inspection.

Penalty:  Level 3.

98Signing of statements (1)  A person must not sign a compliance statement for plant that does not comply with the Act and these regulations unless, if the statement is intended to indicate partial compliance only, all areas that do not comply are identified and justification for the non-compliance is clearly documented.

Penalty:  Level 3.

(2)  A person must not sign a verification statement for plant unless – (a) the person acts independently of the designer; and (b) the design complies with the nominated standard or any non-compliance is clearly documented, including justification for the non-compliance.

Penalty:  Level 3.

99Grant or refusal of application for registration of plant design (1)  The Director may – (a) grant an application subject to any conditions the Director considers appropriate; or (b) refuse to grant an application. (2)  If the Director grants an application, the Director is to – (a) register the plant design; and (b) issue a design registration number to the application. (3)  A person must not contravene or fail to comply with a condition imposed by the Director.

Penalty:  Level 3.

(4)  If the Director refuses to grant an application, the Director is to send written notice to the applicant setting out the reasons for the refusal. 100Provision of registration number (1)  A person who is issued a design registration number must provide the number to any manufacturer, importer or supplier of the relevant plant.

Penalty:  Level 1.

(2)  A manufacturer, importer or supplier of the plant must provide the registration number to any person to whom the plant is supplied.

Penalty:  Level 1.

(3)  A person to whom the manufacturer, importer or supplier supplies the plant must – (a) display the design registration number on the plant in a permanent manner; or (b) if displaying the number is not practicable, keep evidence of registration and the number near the plant.

Penalty:  Level 1.

101Disclosure of informationThe Director, if he or she thinks fit, may disclose any information provided by a person for the purposes of registration under this Division if the disclosure is to – (a) an authority in another State or a Territory responsible for the registration of plant designs under any law which corresponds to this Division; or (b) the owner of the plant and the information is reasonably necessary for the safe operation, maintenance or repair of the plant. 102Registration of items of plant (1)  An accountable person who has the management or control of plant, must not use, or permit or cause to be used, at a workplace an item of plant specified in Schedule 7 unless the plant is registered in this State.

Penalty:  Level 2.

(2)  Subregulation (1) does not apply to an item of moveable or mobile plant registered in another State or a Territory under any law which corresponds to the Act. 103Application for registration of item of plant (1)  A person may apply to the Director for the registration of an item of plant. (2)  An application for registration of an item of plant is to – (a) be made in a manner and form determined by the Director; and (b) include or be accompanied by – (i) sufficient information to identify the item of plant; and (ii) the design registration number if the plant design is registered; and (iii) a statement from the accountable person verifying that a registered plant inspector has inspected the plant and determined that it is safe to operate. (3)  The Director may require a person who applies for the registration of an item of plant to supply additional information relevant to the application. 104Grant or refusal of application for registration of plant (1)  The Director may – (a) grant an application subject to any conditions the Director considers appropriate; or (b) refuse to grant an application. (2)  A person must not contravene any condition imposed by the Director.

Penalty:  Level 2.

(3)  If the Director refuses to grant an application, the Director is to send written notice to the applicant setting out the reasons for the refusal. 105Invalidation of registration of plant (1)  The registration of any item of registered plant is invalid if – (a) the plant is substantially altered; or (b) in the case of normally fixed plant, the plant is relocated. (2)  If a registration is invalid, the accountable person who has management or control of the plant must reapply for registration of the item of plant.

Penalty:  Level 2.

106Change in ownership of plantIf the ownership of any registered plant changes, the person who had management or control of the plant immediately before the change must notify the Director of the change as soon as reasonably practicable after it occurs.

Penalty:  Level 1.

Division 4Noise107Exposure standard for noise (1)  For the purposes of this Division, the exposure standard for noise is – (a) an eight-hour equivalent continuous A-weighted sound pressure level (LAeq,8h) of 85dB(A) referenced to 20 micropascals; or (b) a linear (unweighted) peak sound pressure level (L peak) of 140 dB (lin) referenced to 20 micropascals. (2)  The noise to which a person is exposed is the noise measured at the person’s ear position – (a) in accordance with AS 1269 ; and (b) without taking into account any protection that may be provided by a personal hearing protection device. (3)  The value of L peak is to be determined by using sound-measuring equipment with a peak detector that complies with AS 1259 . 108Noise identificationAn accountable person must comply with the requirements of regulation 17 in relation to noise in a workplace.

Penalty:  Level 3.

109Noise assessment (1)  A noise assessment is to be carried out by a competent person. (2)  If a noise assessment is required by the Act or these regulations and is carried out, the accountable person must arrange for another noise assessment to be carried out no more than 5 years later.

Penalty:  Level 2.

(3)  An accountable person must revise a noise assessment, or arrange for a new noise assessment to be carried out, to take account of any change in the practices or the administration of the workplace, or the installation of new plant, that may cause a significant increase in the noise to which a person is exposed.

Penalty:  Level 2.

(4)  If an assessment shows that the noise in any part of the workplace is likely to cause a person’s exposure to noise to exceed the exposure standard, the accountable person, within 6 months of the completion of the assessment, must develop, in consultation with any relevant person or employee affected or a person representing such an employee, a written plan of action for control of the noise.

Penalty:  Level 2.

(5)  Until the written plan is implemented, the accountable person must ensure that appropriate interim measures are taken to ensure that a person in the workplace is not exposed to noise at a level that may adversely affect the health or safety of that person.

Penalty:  Level 2.

(6)  The accountable person must – (a) keep records of assessments for 5 years; and (b) make the records available during that time to any relevant person.

Penalty:  Level 2.

110Risk controlAn accountable person at a workplace where the noise to which a person is exposed exceeds, or is likely to exceed, the exposure standard must – (a) implement engineering noise controls, as far as reasonably practicable, to reduce the noise to which the person is exposed; and (b) if those engineering noise controls do not reduce the noise to which the person is exposed to a level that does not exceed the exposure standard, implement administrative noise controls, as far as reasonably practicable, to reduce the noise to which the person is exposed; and (c) if those engineering noise controls or administrative noise controls do not reduce the noise to which the person is exposed to a level that does not exceed the exposure standard, and in any case while such controls are being developed and implemented, provide to the person an appropriate personal hearing protector that – (i) meets the requirements of AS 1270 ; and (ii) has been selected according to the procedures specified in AS 1269 .

Penalty:  Level 3.

111Audiometric testing (1)  An accountable person must ensure audiometric testing of any employee, if the employee is required to use personal hearing protectors.

Penalty:  Level 1.

(2)  An accountable person must ensure audiometric testing is carried out by a person who – (a) has successfully completed a course of training listed on the register of courses maintained by the Director; or (b) meets any other criterion specified by the Director. (3)  A person must not carry out audiometric testing unless the person satisfies the requirements set out in subregulation (2) .

Penalty:  Level 2.

(4)  Persons conducting audiometric testing must ensure that the procedures and equipment used are in accordance with AS 1269 .

Penalty:  Level 2.

(5)  The accountable person must ensure that audiometric testing required under subregulation (1) is provided – (a) as soon as reasonably practicable after the commencement day, but in no case longer than 3 months after the employee commences employment; and

(b) at any time when reasonably requested by the safety committee or a relevant employees’ safety representative or employee; and (c) at least every 2 years or when directed by an inspector.

Penalty:  Level 2.

(6)  The accountable person is to ensure that – (a) any records of audiometric testing are kept for 20 years from the date of the last testing; and (b) those records are made available on demand to an employee or person authorised by an employee or an inspector. (7)  The accountable person, if requested to do so by an employee, must provide the employee with copies of all audiometric testing relevant to the employee on the employee ceasing employment.

Penalty:  Level 2.

Division 5Confined spaces112Entering a confined spaceAn accountable person must ensure that any work performed in a confined space is performed in accordance with the requirements of AS 2865 .

Penalty:  Level 3.

Division 6Fire prevention113Fire preventionAn accountable person must provide a system that ensures – (a) any waste material and accumulated dust are removed on a regular basis; and (b) any flammable materials are kept and handled in a manner that minimises the risk of fire; and (c) if the workplace is an enclosed building, warning signs are displayed in any place a person may encounter materials which present a significant fire risk.

Penalty:  Level 1.

114Emergency facilities (1)  An accountable person must ensure that fire-protection and fire-fighting facilities are – (a) made available at each workplace in accordance with the Building Regulations 1994 and the General Fire Regulations 1975 , as applicable; and (b) maintained in an effective condition by a competent person.

Penalty:  Level 2.

(2)  The nature of the hazards at the workplace are to be assessed in determining the condition of the fire-fighting facilities provided. 115Portable fire extinguishersAn accountable person must ensure that in the workplace an appropriate number of portable fire extinguishers are provided, installed and maintained in an effective condition by a competent person.

Penalty:  Level 1.

Division 7Workplace facilities116Workplace facilities (1)  An accountable person, as far as reasonably practicable, must – (a) ensure that a supply of drinkable water is available at a workplace; and (b) provide sanitary, washing, changing, seating and dining amenities and facilities at a workplace; and (c) ensure that such amenities and facilities are maintained in a clean condition at all times.

Penalty:  Level 2.

(2)  At an enclosed workplace an accountable person must ensure, where practicable, that the workplace is maintained at a comfortable temperature.

Penalty:  Level 2.

(3)  If a person in a workplace may perform a task effectively from a seated position, an accountable person, where reasonably practicable, must provide appropriate seating to minimise the risk to that person’s health and safety.

Penalty:  Level 2.

Division 8Remote or isolated work117Isolated work (1)  An accountable person must ensure where practicable that communication is made on a regular basis with any person working alone at a remote or isolated workplace to minimise the risk to the person’s health and safety.

Penalty:  Level 3.

(2)  An accountable person must ensure where practicable that an appropriate system is provided to minimise the risk to the health and safety of any person working alone – (a) in an area that is remote from others or isolated from the assistance of others because of the time, location or nature of the work; or (b) in a situation involving the operation or maintenance of hazardous plant, or the handling of a hazardous substance; or (c) in any work that is dangerous for a person to perform alone.

Penalty:  Level 3.

Division 9Asbestos118Identification, risk assessment and duties (1)  An accountable person who has management or control of a building, structure or mine which is a workplace must – (a) take all reasonably practicable steps to identify the presence of any asbestos in the building, structure or mine; and (b) carry out a risk assessment on the potential exposure to airborne asbestos fibres of any person entering or working in the building, structure or mine.

Penalty:  Level 3.

(2)  An accountable person who has management or control of the building, structure or mine must take all reasonably practicable steps to ensure that any person working in the building, structure or mine is not exposed to airborne asbestos fibres in excess of the exposure standard.

Penalty:  Level 3.

(3)  The accountable person who has management or control of a building, structure or mine must – (a) maintain a register in relation to any asbestos identified in the building, structure or mine; and (b) regularly inspect any asbestos identified to ensure that it does not deteriorate or constitute a health risk, and record the date and findings of each inspection in the register; and (c) make the register available on request to any tenant, employee of a tenant, inspector or building maintenance and service personnel employed or engaged by the accountable person; and (d) inform any tenants and building maintenance and servicing personnel employed or engaged by the accountable person of the location of asbestos in the building, structure or mine; and (e) in any area of the building, structure or mine in which asbestos is present and regular maintenance or repair work is likely to be carried out, provide and fix signs or labels to alert those persons of the location of the asbestos and any precautions that should be taken.

Penalty:  Level 2.

(4)  An accountable person who has management or control of, or occupies, a building or structure which is a workplace – (a) must not allow any person to be exposed to airborne asbestos fibres in excess of the exposure standard; and (b) must inform any employee, member of a safety committee, employees’ safety representative and any person engaged by a tenant of the location of any asbestos within the building, structure or mine and any precautions necessary to minimise the risk to the health and safety of those persons.

Penalty:  Level 2.

(5)  A person must not, by any act or omission, render less effective any action taken by the accountable person.

Penalty:  Level 2.

(6)  A demolition contractor must – (a) take all reasonably practicable measures to assess the presence of asbestos before commencing any demolition; and (b) notify the Director of the presence of any asbestos; and (c) ensure any asbestos located is removed by the holder of a current asbestos removal licence or an employee of the holder of such a licence, unless the removal is exempt removal work; and (d) ensure that a person is not exposed to airborne asbestos fibres in excess of the exposure standard.

Penalty:  Level 2.

(7)  An accountable person must ensure that any person who may be exposed to airborne asbestos fibres receives adequate information, instruction and training to make the person aware of any risks involved in the performance of the work and the precautions necessary to protect his or her health.

Penalty:  Level 2.

119Notice of intention to remove asbestosAny person intending to remove asbestos, other than exempt removal work, from a building or structure must not commence removal without – (a) giving written notice to the Director; and (b) complying with any inspector’s direction; and (c) ensuring that the removal work may be carried out in accordance with licensing and removal requirements.

Penalty:  Level 2.

120Licensing of asbestos removalists (1)  A person must not undertake asbestos removal work otherwise than in accordance with the Code of Practice for the Safe Removal of Asbestos issued by Worksafe Australia.

Penalty:  Level 2.

(2)  A person must not undertake asbestos removal work, other than exempt removal work, unless the person is the holder of a current asbestos removal licence issued by the Director under this Division.

Penalty:  Level 2.

(3)  Subregulation (2) does not apply to an employee of the holder of a current asbestos removal licence while the employee is working for the holder of the licence. 121Asbestos removal licence (1)  A person may apply to the Director for an asbestos removal licence. (2)  An application is to be in a manner approved by the Director. (3)  The Director may grant an application if satisfied that the applicant – (a) is competent to carry out the removal work to which the application relates; and (b) has relevant work experience; and (c) has passed an examination and completed a training course based on the regulatory requirements relevant to the type of work to be undertaken conducted by an approved authority; and (d) possesses, or has access to, all appropriate removal equipment; and (e) is able to provide appropriate training and supervision for any employee involved in asbestos removal work; and (f) is able to provide the Director with evidence of a workers’ compensation insurance policy covering all persons who are likely to work under the licence; and (g) complies with any other criterion the Director requires for the safe removal of asbestos. (4)  On granting an application, the Director may issue – (a) an Asbestos Removal Licence Class A authorising the holder to carry out any asbestos removal work; or (b) an Asbestos Removal Licence Class B authorising the holder to remove only asbestos-cement and similar non-friable products. (5)  A licence is current for a period of 3 years from the date of issue. (6)  An asbestos removal licence is subject to the following conditions – (a) that the licensee will not cause commencement of asbestos removal work, that is not exempt removal work, without notifying the Director; (b) that the licensee will immediately give the Director written notice of any change in the licensee’s workforce, equipment or work practices that may adversely affect the licensee’s ability to remove safely or handle safely any material that consists of or contains asbestos; (c) that any supervisor employed by the holder of an asbestos removal licence undertakes and successfully completes an approved training course; (d) any other condition determined by the Director. (7)  The Director may vary any condition of an asbestos removal licence. 122Suspension or cancellation of licence (1)  The Director may suspend a licence for up to 12 months or cancel it if satisfied that – (a) due to changes in the licensee’s workforce, equipment or work practices, the licensee can no longer carry out asbestos removal work in a safe and proper manner; or (b) that the licensee has failed to comply with a condition of the licence; or (c) that the licensee is no longer able to comply with a condition of the licence. (2)  The Director is to notify the holder of the licence in writing of any suspension or cancellation. 123Removal requirementsAny person engaged in any asbestos removal work must carry out the work in accordance with regulation 120 and any specific direction given by an inspector.

Penalty:  Level 2.

124Waste collection and disposal (1)  Any person engaged in asbestos removal work must ensure that asbestos waste collection is carried out in a manner that minimises the release of asbestos fibres to the atmosphere.

Penalty:  Level 2.

(2)  Any person engaged in the transport or disposal of asbestos waste material must ensure that the transport and disposal is carried out in a manner which prevents the release of asbestos fibres to the atmosphere.

Penalty:  Level 2.

125Prohibited or restricted processesA person while at work must not – (a) use or handle raw asbestos, other than – (i) for the purpose of sampling or analysis; or (ii) in mining where the exposure is maintained at less than the exposure standard; or (b) use a product that consists of, or contains, asbestos, other than – (i) chrysotile, if a substitute is not readily available; or (ii) asbestos for maintenance purposes; or (c) apply any material that consists of or contains asbestos by spraying; or (d) install as insulation any material that consists of, or contains, asbestos.

Penalty:  Level 3.

Division 10Diving126Underwater diving (1)  A person at a workplace must not perform or cause or permit to be performed any activity which involves a person working in water using compressed gases to breathe unless the activity is performed in accordance with – (a) any requirements specified by the Director; and (b) any relevant approved code of practice.

Penalty:  Level 3.

(2)  A person who employs or instructs another person to carry out work in water using compressed gases to breathe must ensure that – (a) the other person is qualified to carry out the work and use compressed gases to breathe; and (b) the work is carried out in accordance with any requirements specified by the Director or any relevant approved code of practice; and (c) the equipment provided for the work is manufactured, maintained and used in accordance with – (i) any requirements specified by the Director; and (ii) any relevant approved code of practice.

Penalty:  Level 3.

127General diving requirements (1)  Subject to subregulation (3) , an accountable person must ensure that, except with the written approval of the Director, a person does not dive, or instruct or allow another person to dive, to a depth greater than 50 metres.

Penalty:  Level 3.

(2)  Subject to subregulation (3) , a person intending to undertake or cause another person to undertake construction diving work must notify the Director in writing in a manner approved by the Director 48 hours before that work is undertaken.

Penalty:  Level 2.

(3)  In the case of rescue operations or in the prevention of damage to property or injury to persons, the accountable person must notify the Director as soon as reasonably practicable after the dive has commenced.

Penalty:  Level 1.

Division 11Construction notification128Construction notification (1)  Where a council issues a permit for construction work and the value of that work, as notified to the council, is greater than $200 000, the person contracted must appoint and maintain a responsible officer for that construction work.

Penalty:  Level 2.

(2)  The responsible officer must provide the Director with written notification of the following: (a) the location of the construction work; (b) details of the construction work to be performed; (c) the commencement date of the construction work; (d) a statement, signed by the responsible officer, stating that there is a system in place to ensure that all persons on site will carry out work in a manner that meets the requirements of the Act.

Penalty:  Level 2.

(3)  The responsible officer must provide the information under subregulation (2) not less than 14 days before construction work commences.

Penalty:  Level 2.

(4)  If, during the construction project, a new responsible officer is appointed, an accountable person must submit a further written statement referred to in subregulation (2)(d) to the Director within 24 hours of the appointment.

Penalty:  Level 1.

(5)  If the Director is satisfied that a safe system of work has not been maintained on a construction project, the Director may require the responsible officer for that construction project to submit to the Director a written safety management plan relating to the project. (6)  A safety management plan is to be – (a) in a form approved by the Director; and (b) submitted within 7 days of being required by the Director. (7)  A responsible officer must comply with a requirement under subregulation (5) .

Penalty:  Level 3.

(8)  If an acceptable safety management plan is not received within 7 days of notification, the Director, by notice served on the responsible officer for the construction project, may direct the responsible officer to cause work on all or part of the project to cease. (9)  The responsible officer must ensure that all persons on the construction site comply with – (a) the safety management plan; and (b) any direction given by the Director.

Penalty:  Level 4.

(10)  If an accountable person intends to undertake, or cause to be undertaken, construction work and the value of that work, as notified to the relevant council, is greater than $2 000 000, the accountable person – (a) must ensure that a safety management plan is submitted in writing to the Director before the construction work commences; and (b) must not allow construction to commence on site before the Director approves the safety management plan.

Penalty:  Level 3.

(11)  The Director, within 10 working days of receiving a safety management plan, must – (a) approve the plan in writing; or (b) reject the plan and provide written reasons for its rejection. PART 5Miscellaneous129Savings provisionAny plan or equipment approved, or certificate issued, under a statutory rule set out in Schedule 10 and in force immediately before the commencement of these regulations is taken to have been approved or issued under these regulations. 130Rescissions and revocationsThe Statutory Rules set out in Schedule 10 are rescinded or revoked. 131Industrial Safety, Health and Welfare (Forest Industries) Regulations 1990 rescindedThe Industrial Safety, Health and Welfare (Forest Industries) Regulations 1990 , being Statutory Rules 1990, No. 227, are rescinded. Schedule 1Definitions

Regulation 3

1.   Definitions In these regulations, unless the contrary intention appears – accountable person means an accountable person as set out in regulation 5 ; Act means the Workplace Health and Safety Act 1995 ; ADG Code means the Australian Code for the Transport of Dangerous Goods by Road or Rail prepared by the Standing National Advisory Committee on the Transport of Dangerous Goods and published in the Commonwealth Gazette; administrative noise control includes the following measures used to reduce the noise to which an employee is exposed at work: (a) work arrangements, other than the use of a personal hearing protector; (b) the rostering of work; (c) job rotation; (d) limiting the entry of persons to work areas; (e) the adoption of quiet work practices; alter, in relation to any plant, does not include undertake routine maintenance, repair or replacement; analysis means any process used to identify the ingredients of a substance; appropriate means appropriate in the opinion of a reasonable person, taking into account any relevant Code of Practice or other relevant evidence; approved means approved in writing by the Director; approved authority means a person or organisation approved by the Workplace Safety Board of Tasmania; article means an item which – (a) is formed to a specific shape or design, or to have a specific surface; and (b) is used for a purpose that depends in whole or in part on its shape, design or surface; and (c) does not undergo a change in chemical composition or physical state during use; and (d) is not a fluid or particle; AS means an Australian Standard published by Standards Australia, including a standard published jointly by Standards Australia and Standards New Zealand; asbestos means any or any combination of the fibrous form of mineral silicates that belong to the serpentine or amphibole groups of rock-forming minerals; asbestos removal work means work involving the removal of – (a) insulation material that consists of or contains asbestos, or other friable asbestos-containing material; or (b) an asbestos-cement product, or other non-friable asbestos-containing material; atmospheric contaminant means a hazardous substance or hazardous micro-organism that occurs in the form of any fume, mist, gas, dust, vapour, smoke or aerosol contaminant; audiometric testing means the testing and measurement of the hearing threshold levels of each ear of a person by means of pure tone air conduction threshold tests; biological monitoring means the monitoring, including measurement and evaluation, of hazardous substances or their metabolites in the body tissues, fluids or exhaled air of a person; brittle roof material includes – (a) asbestos-cement roof sheeting; and (b) moulded plastic sheeting; and (c) fibreglass sheeting; and (d) glass sheeting; building includes any erection, edifice, wall, plant, chimney, fence, bridge, wharf, jetty, ship or floating structure; building maintenance equipment means – (a) a suspended platform, other than a suspended scaffold, which incorporates permanently installed overhead supports to provide access to any face or other similar surface of a building for maintenance purposes; and (b) a building maintenance unit; and (c) a swing stage; building maintenance unit means a power-operated suspended platform which is – (a) installed on a building; and (b) specifically designed to provide permanent access to any face of a building; certificate of competency means – (a) a certificate issued under regulation 41 ; or (b) a certificate which is issued by an interstate certifying authority and which in the Director’s opinion is equivalent to a certificate issued under that regulation; certificate of inspection means a certificate issued under regulation 53 ; Chief Inspector means the Chief Inspector of Mines designated under section 35 of the Act; Class 1a building means a single dwelling as defined in the Building Code of Australia, produced by the Australian Building Codes Board; Class 10 building has the same meaning as in the Building Code of Australia, produced by the Australian Building Codes Board; clothing includes footwear; commencement day means the day on which these regulations take effect; commissioning, in relation to plant, means performing any necessary adjustment, test or inspection to ensure that the plant is in full working order; competent person means a person with sufficient knowledge and skills acquired through qualification, training or experience to perform the task to which the term relates; compliance statement means a compliance statement referred to in regulation 97 ; confined space means an enclosed or partially enclosed space which – (a) is not intended to be used as a regular workplace; and (b) has restricted means of entry or exit; and (c) is at atmospheric pressure during occupancy; and (d) may – (i) have atmospheric contaminants or an unsafe oxygen level, or both; or (ii) cause entrapment or engulfment; construction diving work means work that involves the use of underwater breathing apparatus performed in, or in connection with – (a) the cleaning, inspection, construction, repair, maintenance, survey or demolition of any building, structure, shaft, tunnel or ship; or (b) a slipway, mooring or breakwater; or (c) dredging; or (d) the placing, laying, inspection or recovery of any pipe or cable; or (e) the placing of explosives; construction site means a workplace or other place at which – (a) the construction, erection, equipping, alteration, repair, maintenance, cleaning, painting or demolition of, or addition to, a building or structure is carried on; or (b) any of the following activities is carried on, except if the activity is directly related to mining: (i) excavating, shaft-sinking or tunnelling; (ii) driving or extracting piles, sheet piles or trench sheet; (iii) the construction or maintenance of roadworks, the permanent way of a railway, busway or tramway, an airfield or airstrip or a cycle path; (iv) dredging or salvaging; (v) earthmoving by power-driven equipment; (vi) the placing, laying, lining or maintenance of pipes or cables, either above or below ground level; (vii) land clearing in preparation for an activity referred to in paragraph (a) or paragraph (b)(i), (ii), (iii) , (v) or (vi) ; construction work means any work carried out on a construction site; consumer package means a package intended for retail display and sale; container means anything in which a substance may be wholly or partly cased, covered, enclosed, contained or packed other than a tank or bulk storage container within the meaning of the ADG Code ; contravene includes fail to comply with; conveyance means – (a) any car, carriage, cage, skip, kibble or stage in which persons, equipment or rock may be raised or lowered in a shaft, including any counterweight; and (b) any materials transporter, skip or mancar in which persons, equipment or minerals may be moved using rope haulage on an inclined track; design verifier, in relation to the design of an item of plant, means a competent person who – (a) is independent of the designer; and (b) is responsible for verifying that the design complies with the standard used by the designer; designer means a person who designs, or is responsible for the design of, plant used or intended to be used in a workplace; electrical installation includes any electrical wiring or other equipment associated with the installation situated in or on a workplace; engineering noise controls means measures, other than the use of a personal hearing protector, that reduce the noise to which an employee is exposed at work, by the design or modification of plant or the physical working environment; exempt removal work means – (a) the removal of asbestos-cement or other similar non-friable products from an area covering less than 100 square metres from a Class 1a building or a Class 10 building; and (b) the removal of asbestos cement or other similar non-friable products from an area covering less than 20 square metres from a building or structure other than a Class 1A building or a Class 10 building; and (c) the removal of one full glove bag of friable asbestos material; and (d) the taking of asbestos samples for analysis or other testing; and (e) any other removal work determined by the Director to be exempt; exposure standard means – (a) in relation to an atmospheric contaminant, the maximum airborne concentration of the contaminant to which a person may be exposed in accordance with the Exposure Standards for Atmospheric Contaminants in the Occupational Environment issued by Worksafe Australia; and (b) in relation to noise, the exposure standard for noise specified in regulation 107 ; gas includes mist or vapour; gas cylinder means a cylinder which – (a) does not exceed 3000 litres water capacity; and (b) does not have openings or integral attachments on the shell other than at the ends; and (c) is designed for the storage and transport of gas under pressure in accordance with AS 2030; gear means gear within the meaning of the National Occupational Health and Safety Certification Standard for Users and Operators of Industrial Equipment issued by Worksafe Australia; generic name of a substance means a name which describes the category or group of chemicals to which the substance belongs; glove bag means a single-use bag approximately 1 metre wide by 1.5 metres deep constructed of transparent heavy duty polyethylene, or similar material, with built-in arms; guard means a device that prevents or reduces access to a danger point or area; hazard identification means the process of identifying any reasonably foreseeable situation or event that may give rise to the potential of injury or illness to any person; hazardous substance means a substance which – (a) is listed on the List of Designated Hazardous Substances issued by Worksafe Australia; or (b) satisfies the criteria of the Approved Criteria for Classifying Hazardous Substances issued by Worksafe Australia; health surveillance means the monitoring, including biological monitoring, of an individual to identify any change in the individual’s health due to exposure at the workplace to a hazardous substance; importer means a person who imports any article or substance; ingredient includes any impurity mixed in with a substance; interstate certifying authority means a person who, under the law of another State, a Territory or the Commonwealth, has power to issue a certificate of competency; L peak means the peak noise level; ladder includes a portable industrial ladder which is – (a) a single ladder; or (b) a cleat or batten ladder; or (c) an extension ladder; or (d) a folding step-ladder; or (e) a platform step-ladder; or (f) a trestle ladder; manufacturer means a person who manufactures plant, structures, materials used for a structure or substances used or intended to be used in a workplace; material includes any substance; minimise means to reduce to the lowest reasonably practicable level; mining means searching for, or obtaining, minerals from the earth or seabed for commercial purposes, including extraction of rock, gravel, sand, coal, oil or gas; mine winder means a machine used in an underground mine and designed to raise and lower people, equipment or rock in a permanently coupled conveyance that travels in guides or on an inclined track, by means of a rope or ropes; monitoring means the assessing of measures used to control hazards in the workplace; MSDS means a Material Safety Data Sheet; nail gun means a tool which uses compressed air or gas to propel a nail, spike or other fastener in excess of 25 millimetres in length; NICNAS means the National Industrial Chemicals Notification and Assessment Scheme; noise assessment means an assessment, by a person with suitable qualifications, education and experience, of the noise to which an employee is exposed at work – (a) to establish whether the noise to which the employee is exposed exceeds, or is likely to exceed, the exposure standard; and (b) to provide information about the noise to which the employee may be exposed that will assist the relevant employer to comply with these regulations; owner when used in relation to – (a) a project, means – (i) the owner of the land on which the project is carried out; or (ii) the person for whose direct benefit the project is carried out, if the person is not the owner of the land; and (b) plant, includes – (i) a person who has management of, or control over, the plant; and (ii) an agent of the owner; personal hearing protection device means any device worn by a person or inserted in the ears to reduce noise exposure; project means – (a) a plan or scheme that requires the performance of notifiable work; and (b) the product of that plan or scheme; qualified engineer means a person who, in relation to a class of work, is – (a) eligible to become a Corporate Member of the Institution of Engineers, Australia; and (b) experienced in that class of work; record includes anything in which information is stored on a permanent basis or from which information may be reproduced; registered assessor means a person registered under regulation 46 ; registered person means a person registered as an assessor or plant inspector under regulation 46 ; registered plant means plant specified in Schedule 7 ; registered plant inspector means a person registered as a plant inspector under regulation 46 ; repair does not include routine maintenance, replacement or alteration; respirable fibre means a particle of – (a) a diameter less than 3 micrometres; and (b) a length greater than 5 micrometres; and (c) a length to width ratio greater than 3:1; retail warehouse operator means a person who operates a warehouse at which unopened packaged goods intended for retail sale are held; retailer means a person who sells a substance to another person who is not engaged in any further sale of the goods; risk assessment means the evaluation of the probability and consequences of injury or illness arising from exposure to an identified hazard; safety management plan means a set of procedures and instructions relating to health and safety which is implemented, or may be implemented, at a workplace; specified task means – (a) any work or task which is set out in Schedule 5 ; or (b) any other work or task the Director determines; supplier, in relation to – (a) plant, structures or materials for structures, means – (i) a person who supplies plant or materials, by way of sale, lease, exchange or hire, whether as a principal or agent; and (ii) an importer, wholesaler, distributor or retailer of plant, structures or materials; and (b) a substance, means a manufacturer, importer, wholesaler, distributor or retailer of the substance; Type 1 ingredient means an ingredient of a hazardous substance – (a) which is present in a quantity which exceeds the lowest relevant concentration cut-off level under the Approved Criteria for Classifying Hazardous Substances issued by Worksafe Australia; and (b) which – (i) according to those criteria, is carcinogenic, mutagenic, teratogenic, a skin or respiratory sensitiser, corrosive, toxic or very toxic, a harmful substance which can cause irreversible effects after acute exposure or a harmful substance which can cause serious damage to health after repeated or prolonged exposure; or (ii) is listed in the Exposure Standards for Atmospheric Contaminants in the Occupational Environment issued by Worksafe Australia ; Type 2 ingredient means an ingredient other than a Type 1 ingredient, which is – (a) a harmful substance under the Approved Criteria for Classifying Hazardous Substances issued by Worksafe Australia; and (b) present in a quantity which exceeds the lowest relevant concentration cut-off level under those criteria; Type 3 ingredient means an ingredient other than a Type 1 or Type 2 ingredient; union means a union as defined in section 27(7) of the Act; use, in relation to – (a) plant, includes to work from, operate, maintain, inspect or clean plant; and (b) a substance, includes to produce, handle, store, transport or dispose of the substance; verification statement means a verification statement referred to in regulation 97 ; Worksafe Australia means the National Occupational Health and Safety Commission. Schedule 2Standards

Regulation 6(2)

1.    AS 1259, Acoustic Sound Level Meters – Part 1 Non-integrating 2.    AS 1269 Occupational Noise Management 3.    AS 1270 Acoustics-Hearing Protectors 4.    AS 1873 Powder Actuated (PA) hand-held fastening tools 5.    AS 1892 Portable Ladders 6.    AS 2030 SAA The approval, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases 7.    AS 2337 Gas Cylinder Test Stations 8.    AS 2865 Safe Working in a Confined Space 9.    AS 2971 Serially Produced Pressure Vessels 10.    AS 3000 Electrical Installations - Buildings, Structures and Premises 11.    AS 3509 LP Gas Fuel Vessels for Automotive Use 12.    AS 3533 Amusement Rides and Devices 13.    AS 3920.1 – Assurance of Product Quality – Pressure Equipment Manufacture Schedule 3Penalties

Regulation 4

1.   Level 1 means, in the case of – (a) a body corporate, a fine not exceeding 50 penalty units; and (b) a natural person, a fine not exceeding 20 penalty units. 2.   Level 2 means, in the case of – (a) a body corporate, a fine not exceeding 100 penalty units; and (b) a natural person, a fine not exceeding 50 penalty units. 3.   Level 3 means, in the case of – (a) a body corporate, a fine not exceeding 150 penalty units; and (b) a natural person, a fine not exceeding 75 penalty units. 4.   Level 4 means, in the case of – (a) a body corporate, a fine not exceeding 250 penalty units; and (b) a natural person, a fine not exceeding 100 penalty units. Schedule 4Hazardous substances for which health surveillance is required

Regulation 22

Hazardous substance	Type of health surveillance
1.	Asbestos	Demography, occupational and medical history and health advice
Physical examination if indicated
Records of personal exposure
2.	Crystalline silica	Demography, occupational and medical history and health advice
Standardised respiratory function test, such as FEV1, FVC or FEV1/FVC
Chest X-ray, full size PA view
Records of personal exposure
3.	4,4’Methylene bis (2-chloroaniline) (MOCA)	Demography, occupational and medical history and health advice
Urinary total MOCA
Dipstick analysis of urine for haematuria
Urine cytology
4.	Vinyl chloride	Demography, occupational and medical history and health advice
Records of personal exposure
Physical examination if indicated
5.	Isocyanates	Demography, occupational and medical history and health advice
Completion of a standardised respiratory questionnaire
Physical examination of the respiratory system and skin
Standardised respiratory function tests, such as FEV1, FVC or FEV1/FVC
6.	Organophosphate pesticides	Demography, occupational and medical history and health advice
Physical examination
Baseline examination of red cell and plasma cholinesterase activity levels by the Ellman or equivalent method
Estimation of red cell and plasma cholinesterase activity towards the end of the working day
7.	Acrylonitrile	Demography, occupational and medical history and health advice
Records of personal exposure
Physical examination
8.	Benzene	Demography, occupational and medical history
Baseline blood sample for haematological profile
Records of personal exposure
9.	Creosote	Demography, occupational and medical history
Health advice, including recognition of photosensitivity and skin changes
Physical examination with emphasis on neurological system and skin, noting any abnormal lesions and evidence of skin sensitisation
Records of personal exposure, including photosensitivity
10.	Pentachlorophenol	Demography, occupational and medical history and health advice
Physical examination with emphasis on the skin, noting any abnormal lesions and evidence of skin irritation
Urinary free pentachlorophenol
Dipstick urinalysis for haematuria and proteinuria
Records of personal exposure
11.	Inorganic chromium	Demography, occupational and medical history and health advice
Physical examination with emphasis on the respiratory system and skin
Weekly skin inspection of hands and forearms
12.	Inorganic arsenic	Demography, occupational and medical history and health advice
Physical examination with emphasis on the peripheral nervous system and skin
Urinary total arsenic
Records of personal exposure
13.	Cadmium	Demography, occupational and medical history
Health advice, including counselling and additional cadmium burden from smoking
Physical examination with emphasis on the respiratory system
Completion of a standardised respiratory questionnaire
Standardised respiratory function tests, such as FEV1, FVC or FEV1/FVC
Urinary cadmium and B2-microglobulin
Records of personal exposure
14.	Inorganic mercury	Demography, occupational and medical history and health advice
Physical examination with emphasis on neurological, renal and gastrointestinal systems and skin
Urinary inorganic mercury
15.	Thallium	Demography, occupational and medical history and health advice
Physical examination if indicated
Urinary thallium

Schedule 5Specified tasks requiring a certificate of competency

Regulation 39

1.   Any work or task which is within the following classes of work as defined in the National Occupational Health and Safety Standard for Users and Operators of Industrial Equipment issued by Worksafe Australia: (a) scaffolding, dogging and rigging, including – (i) basic scaffolding; and (ii) intermediate scaffolding; and (iii) advanced scaffolding; and (iv) dogging; and (v) basic rigging; and (vi) intermediate rigging; and (vii) advanced rigging; (b) crane and hoist operation, including – (i) tower cranes; and (ii) derrick cranes; and (iii) portal boom cranes; and (iv) bridge or gantry cranes; and (v) vehicle-loading cranes; and (vi) non-slewing mobile cranes; and (vii) concrete-placing booms; and (viii) slewing mobile cranes (up to 20 tonnes); and (ix) slewing mobile cranes (up to 60 tonnes); and (x) slewing mobile cranes (up to 100 tonnes); and (xi) slewing mobile cranes (open/over 100 tonnes); and (xii) boom-type elevating work platforms; and (xiii) materials hoists (cantilever platform); and (xiv) hoists (personnel and materials); (c) pressure equipment operation, including – (i) boiler operations – basic; and (ii) boiler operations – intermediate; and (iii) boiler operations – advanced; and (iv) turbine operator; and (v) reciprocating steam engine operation. 2.   Any work or task which is within the following classes of work as defined in the National Guidelines for Occupational Health and Safety Competency Standards for the Operation of Loadshifting Equipment and other types of Specified Equipment issued by Worksafe Australia: (a) fork-lift truck operation, excluding pedestrian walk behind or pallet trucks; (b) order-picking fork-lift truck operation. 3.   Mine winder operation. Schedule 6Hazardous substances prohibited for specified uses

Regulations 22 and 79

Hazardous Substance	Prohibited Use
1.	Lead carbonate	Spray painting or spray coating
2.	Carbon disulphide	Spray painting or spray coating
3.	Tetrachloroethane	Spray painting or spray coating
4.	Arsenic or its compounds	Spray painting or spray coating
5.	Material containing crystalline silicon dioxide	Foundry application of parting powders, facing powders, mould or core paints
6.	Crocidolite	Any asbestos process
7.	Any material containing more than 2% crystalline silicon dioxide, including the following:	Abrasive blasting
(a) river sand;
(b) beach sand or any white sand;
(c) pool filter material (diatomaceous earth);
(d) dust from quartz rock.
8.	Any material containing more than 0.1% of the following:	Abrasive blasting
(a) antimony;
(b) arsenic;
(c) cadmium;
(d) cobalt;
(e) lead;
(f) nickel;
(g) tin.
9.	Any material containing a radioactive substance which produces an exposure level in excess of the exposure standard.	Abrasive blasting or wet blasting
10.	Any material used in wet blasting containing –	Wet blasting
(a) chromate; or
(b) nitrate; or
(c) nitrite.
11.	Any recycled material which has not been treated to remove respirable dust.	Abrasive blasting

Schedule 7Items of plant to be registered

Regulations 53 and 102

1.   Boilers with a hazard level of A, B or C according to the criteria specified in AS 3920.1 . 2.   Pressure vessels with hazard level of A, B, or C according to the criteria specified in AS 3920.1 , other than – (a) gas cylinders covered by AS 2030 ; and (b) LP gas fuel vessels for automotive use covered by AS 3509 ; and (c) serially-produced vessels covered by AS 2971 . 3.   Tower cranes. 4.   Lifts, including escalators and moving walks. 5.   Building maintenance units. 6.   Amusement structures, other than Class 1 structures, covered by AS 3533 . 7.   Truck-mounted concrete-placing units with booms. 8.   Mobile cranes with a safe working load exceeding 10 tonnes. 9.   Mine winders. 10.   Boom-type elevating work platforms. 11.   Vehicle hoists. 12.   Hoists which – (a) have a platform movement in excess of 2.4 metres; and (b) support people or are designed to lift people. Schedule 8Items of plant for which records must be kept

Regulation 95

1.   Boilers with a hazard level of A, B or C according to the criteria specified in AS 3920.1 . 2.   Pressure vessels with hazard level of A, B, or C according to the criteria specified in AS 3920.1 , other than – (a) gas cylinders covered by AS 2030 ; and (b) LP gas fuel vessels for automotive use covered by AS 3509 ; and (c) serially produced vessels covered by AS 2971 . 3.   Tower cranes. 4.   Lifts, including escalators and moving walks. 5.   Building maintenance units. 6.   Amusement structures, other than Class 1 structures, covered by AS 3533 . 7.   Truck-mounted concrete-placing units with booms. 8.   Mobile crane, gantry crane, bridge crane and portal boom crane. 9.   Mine winders. 10.   Boom-type elevating work platforms. 11.   Vehicle hoists. 12.   Hoists which – (a) have a platform movement in excess of 2.4 metres; and (b) support people or are designed to lift people. 13.   Industrial fork-lift truck. 14.   Presence-sensing safeguarding systems associated with plant. 15.   Mast-climbing work platform. Schedule 9Plant requiring registration of design

Regulation 96

1.   Pressure equipment other than pressure piping and categorised as hazard level A, B, C or D or according to criteria defined in AS 3920.1 . 2.   Gas cylinders covered by AS 2030 . 3.   Tower cranes. 4.   Lifts, including escalators and moving walks. 5.   Building maintenance units. 6.   Hoists which – (a) have a platform movement in excess of 2.4 metres; and (b) support people or are designed to lift people. 7.   Work boxes suspended from cranes, mine winders, hoists or supported by an industrial fork-lift truck. 8.   Amusement structures, other than Class 1 structures, covered by AS 3533 . 9.   Prefabricated scaffolding. 10.   Boom-type elevating work platforms. 11.   Gantry cranes with a safe working load exceeding 5 tonnes. 12.   Bridge cranes with a safe working load exceeding 10 tonnes. 13.   Vehicle hoists. 14.   Mast-climbing work platforms. 15.   Mobile cranes with a safe working load exceeding 10 tonnes. 16.   Mine winders. 17.   Portal boom cranes. 18.   Any crane or hoist designed to handle molten metal or dangerous goods in an open container. Schedule 10Statutory Rules to be rescinded or revoked

Regulation 130

1.    Proclamation under the Inspection of Machinery Act 1960 2.    Inspection of Machinery (Cranes) Regulations 1971 3.    Industrial Safety, Health and Welfare (Administrative and General) Regulations 1979 4.    Industrial Safety, Health and Welfare (Heating Systems) Regulations 1979 5.    Industrial Safety, Health and Welfare (Employees’ Safety Representatives) Regulations 1982 6.    Industrial Safety, Health and Welfare (Certificates of Competency) Regulations 1988 7.    Mines Inspection Regulations 1991 8.    Mines Inspection (Medical Examinations) Regulations 1991

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 9 December 1998

These regulations are administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations make provision in relation to the following:

(a) obligations in relation to workplace hazards; (b) employees’ safety representatives; (c) competency requirements; (d) registration of assessors and plant inspectors; (e) work injuries and accidents; (f) the control of hazardous substances in the workplace; (g) duties for the control of risk in the workplace.