Occupational Health and Safety (Maritime Industry) Regulations 2026

OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) REGULATIONS 2026

EXPLANATORY STATEMENT

Issued by the authority of the Minister for Employment and Workplace Relations.

Occupational Health and Safety (Maritime Industry) Act 1993 (Cth)

PURPOSE AND OPERATION OF THE INSTRUMENT

The Occupational Health and Safety (Maritime Industry) Act 1993 (The Act) establishes a work health and safety (WHS) regime for employees and contractors working in a defined part of the Australian maritime industry.

Section 121 of the Act provides that the Governor-General may make regulations prescribing all matters that are required or permitted by this Act to be prescribed; or necessary or convenient to be prescribed for carrying out or giving effect to the Act; including regulations imposing penalties (not exceeding 10 penalty units) for a contravention of the regulations.

Subsection 33(1) provides that the regulations may make provision relating to any matter affecting, or likely to affect, the occupational health and safety of:

(a) employees employed on a prescribed ship or prescribed unit; or

(b) contractors working on a prescribed ship or prescribed unit; or

Subsection 33(2) lists specific topics that the regulations may make provision for.

The Occupational Health and Safety (Maritime Industry) Regulations 2026 (the Regulations) are made under the Act and replace the Occupational Health and Safety (Maritime Industry) Regulations 1995 (OHS(MI) Regulations) and Occupational Health and Safety (Maritime Industry) (National Standards) Regulations 2003 (OHS(MI)(NS) Regulations) (together the two OHS(MI) regulations) as one combined regulation.

The two OHS(MI) regulations support the WHS protections under the Act. The Regulations replicate the provisions in the two OHS(MI) regulations with improvements to replace or remove out-of-date references to no longer existing documents, institutions or procedures and to reflect modern drafting standards.

The two OHS(MI) regulations are set to sunset on 1 April 2026.

The Regulations ensure compliance with national standards and expectations for WHS for a sector of seafarers not covered by state or territory WHS protections. This includes implementing the national ban on asbestos, the national standard for manual handling and the national standard relating to work in confined spaces. It also prescribes forms and notices, dealing with procedural matters and ensuring compliance with national standards.

The included provision for the implementation of national standards for hazardous substances was defined to only include asbestos as a hazardous substance. These provisions have been simplified, including by removing obsolete references to classes of asbestos. The effect of the protection for seafarers against the WHS risk of asbestos is not changed.

The confined spaces and manual handling provisions will ensure compliance with the national standards relating to confined spaces and manual handling.

The minor changes to the existing provisions due to sunset include.

changes to the definitions of asbestos, hazardous substances and the removal of references to ‘carcinogenic substance’. This term was synonymous with the definition of ‘hazardous substances’. The need for a table defining different categories of asbestos as carcinogenic substances is now obsolete and added to the confusion resulting from applying the obsolete table in the OHS(MI)(NS) Regulations to define the cover of the WHS protection on board vessels covered by the Act;
introduction of headings for each criminal offence and rearranging some of the offence provisions. These additions and changes to offence provisions comply with modern drafting standards. These changes do not alter the nature of the offences. The department took into consideration the Attorney-General’s Department Guide to Framing Commonwealth Offences, Infringement Notices and Enforcement Powers dated May 2024. Some of the Guidelines have not been applied where to do so may have changed the burden of proof for offences, the available defence or the nature of the offence as generally understood to apply under the two OHS(MI) regulations. This includes guidelines relating to defining the fault elements of the offence. The department consulted with the Attorney-General’s Department on this issue. The department proposes to undertake a thorough review of the Commonwealth WHS laws applying to the maritime sector, aligning this with the protections applying under the Work Health and Safety Act 2011 (Cth) (WHS Act) unless boutique provisions need to be applied in the maritime work environment covered by the Act. The nature of fault elements for each offence will be considered as part of that review;
replacing references to obsolete National Occupational Health and Safety Commission standards with modern equivalent standards.

The Regulations will ensure appropriate WHS coverage remains for the maritime industry while the department engages in that broader offshore WHS harmonisation review.

The Act specifies no conditions that need to be satisfied before the power to make the proposed Regulations may be exercised.

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

The Regulations commence the day after registration on the Federal Register of Legislation.

Details of the Regulations are set out in Attachment A.

Sunsetting

This legislative instrument will sunset 10 years after commencement under Chapter 3, Part 4 of the of the Legislation Act 2003.

CONSULTATION

Section 17 of the Legislation Act 2003 requires the Governor-General to be satisfied that any consultation considered to be appropriate, and that is reasonably practicable to undertake, has been undertaken before making the instrument.

The OHS(MI) Regulations impact on employers and employees in the defined sector of the maritime industry covered by the Act. The department sought submissions from maritime stakeholders on the proposal to remake the two OHS(MI) regulations in November and December 2025. The department provided a discussion paper to stakeholders, setting out that the regulations will be remade with minor technical updates to provide continuity while broader consultation on harmonising the OHS(MI) framework is explored in 2026.

The department received four written submissions:

Joint union submission from the Maritime Union of Australia (MUA), Australian Institute of Marine and Power Engineers (AIMPE), and Australian Maritime Officers Union (AMOU).
Maritime Industry Australia Ltd (MIAL).
Safe Work Australia (SWA).
Heads of Workplace Safety Authorities (HWSA), which is made up of representatives from work health and safety regulators across Australia and New Zealand (Qld, ACT and SA work health and safety regulators provided a response, while Comcare, NSW, NT, Tas, Vic and WA regulators provided nil response).

The submissions provided broad support to remaking the Regulations with minor technical updates.

The department also discussed the proposal with the Australian Maritime Safety Authority (AMSA) and the Seafarers Safety, Rehabilitation and Compensation Authority (the Seacare Authority) Secretariat, who did not raise any major concerns.

Stakeholders suggested the remade Regulations take into account the anticipated transition from the current workplace exposure standards (‘WES’) to the new workplace exposure limits (‘WEL’) for airborne contaminants under the model work health and safety laws. This is expected to commence on 1 December 2026, where legislated by WHS jurisdictions. The department has determined that it is not practicable to include a transition period and adopt clauses for standards that are not yet legislated within the Commonwealth jurisdiction. Should the Commonwealth agree to introduce the WEL system into its WHS jurisdiction, consequential amendments could also be made to the remade OHS(MI) Regulations.

Stakeholders also raised whether Commonwealth WHS Codes of Practice (rather than the model WHS Codes of Practice) and the Globally Harmonized System of Classification and Labelling of Chemicals should be adopted.

The department has adopted the model WHS Codes of Practice as this does not risk incorporating WHS duties existing under the WHS Act that are not reflected in the Occupational Health and Safety (Maritime Industry) Act 1993. This meant some Commonwealth Codes of Practice were not adopted.

The proposal to adopt the Globally Harmonized System of Classification and Labelling of Chemicals Version 7 (GHS7) was also considered. The department noted that GHS7 is updated on a regular basis and noted that SWA has already updated the version currently adopted in the relevant code under the model WHS Act. Rather than include a fixed classification system that may become outdated in a legislative instrument, the department preferred to instead require that labelling and classification be done in a manner that ensures the item is clearly identifiable.

Several submissions provided feedback on broader OHS(MI) reform options that were not in scope of this consultation. For example, stakeholders raised suggestions for improving or increasing the application of the WHS protections under the OHS(MI) framework, including by redefining coverage of the Act. These suggestions are beyond the scope of the current review process and are intended to be considered in more detail during the offshore WHS harmonisation review.

REGULATION IMPACT STATEMENT

The Office of Impact Analysis advised that an impact analysis is not required for the Amendment Regulations (Reference Number: OIA25-09405).

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

The Regulations are compatible with the human rights and freedoms recognised or declared in the international instruments listed in Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A Statement of Compatibility with Human Rights is set out at Attachment B.

ATTACHMENT A

Details of the proposed Occupational Health and Safety (Maritime Industry) Regulations 2026

In this attachment, the following abbreviations are used:

Abbreviation	Definition
AMSA	Australian Maritime Safety Authority
NOHSC	National Occupational Health and Safety Commission
The Act	Occupational Health and Safety (Maritime Industry) Act 1993
PPE	Personal protective equipment
Regulations	Occupational Health and Safety (Maritime Industry) Regulations 2026
Seacare Authority	Seafarers Safety, Rehabilitation and Compensation Authority
two OHS(MI) regulations	Occupational Health and Safety (Maritime Industry) Regulations 1995 and Occupational Health and Safety (Maritime Industry) (National Standards) Regulations 2003.
WHS	work health and safety

Part 1—Preliminary

1 Name

This section provides that the title of the instrument is Occupational Health and Safety (Maritime Industry) Regulations 2026.

2 Commencement

The table in this section sets out when the provisions of the instrument commence. The instrument commences on the day after it is registered on the Federal Register of Legislation.

3 Authority

This section provides that the instrument is made under the Occupational Health and Safety (Maritime Industry) Act 1993.

4 Schedule 5

As part of the Regulations remake, this section provides that each instrument that is specified in Schedule 5 is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.

5 Definitions

This section provides for the definitions in the Regulations and includes the definitions of exposure standard, incident, manufacturer, Safe Work Australia, serious personal injury and supplier.
Exposure standard is defined by reference to s4A of the Act, outlined in s 8 of the Regulations.
Incident means an accident of a kind that causes the death of, or serious personal injury to, any person or an accident that causes an employee who performs work in connection with the undertaking to be incapacitated from performing work for a prescribed period under section 107 of the Act. An incident also means a dangerous occurrence as is defined by reference to s 7 of the Regulations.
Manufacturer means a manufacturer to whom manufacturer duties apply in relation to plant and substances under sections 15 and 16 of the Act. This includes importers of plant and substances.
Safe Work Australia means Safe Work Australia as established under section 5 of the Safe Work Australia Act 2008.
Serious personal injury means an injury to, or disease in, a person that is caused by an accident at a workplace and for which a person is given emergency treatment on the prescribed ship or prescribed unit on which the accident occurred or given emergency treatment in another place by a registered medical practitioner or admitted to a hospital or treated in a hospital as a casualty, without being admitted to the hospital.
Supplier means a supplier to whom section 19 of the Act applies.

6 Forms, notices and reports

This section provides that forms that are issued containing a direction must be completed in accordance with that direction.
A form, notice or report must be completed in sufficient detail to allow proper consideration of the form, notice or report. A form, notice or report must be produced clearly and legibly in handwriting or by means of a machine in order to enable clear and legible reproduction of the contents of the form, notice or report.
The requirements for the forms, notice and reports under the Occupational Health and Safety (Maritime Industry) Regulations 1995 were amended in 2017 at the request of the Seafarers Safety, Rehabilitation and Compensation Authority (Seacare Authority) to assist the Australian Maritime Safety Authority (AMSA) to streamline notification and reporting of maritime incidents after AMSA raised this issue at a Seacare Authority meeting and suggested it would benefit industry stakeholders. Whether the forms providing for directions can be updated to more clearly align with modern drafting styles will be considered as part of the offshore WHS harmonisation review.

7 Meaning of dangerous occurrence

This section provides that an occurrence is a dangerous occurrence for the purpose of section 4 of the Act if the occurrence occurred at a workplace and resulted from operations that arose from an undertaking conducted by or for the operator of the workplace and could have caused the death of, or serious personal injury to, any person or the incapacity of an employee for a duration of 5 or more successive working days and did not cause such death, serious personal injury or incapacity.

8 Meaning of exposure standard

This section provides that the definition of exposure standard in relation to exposure to a substance means the airborne concentration of the substance over a period of time specified as an exposure standard in the Workplace exposure standards for airborne contaminants (2024) as published by Safe Work Australia.
Subsection 8(2) provides examples of ways in which the airborne concentration of a substance over a period of time might be specified. This includes an 8 hour time weighted average, being the maximum average airborne concentration of the substance calculated over a working week of 5 days of 8 working hours each; the peak limitation, being the maximum or peak airborne concentration of the substance that is determined over the shortest analytically practicable period of time that does not exceed 15 minutes; and the short term exposure limit, being the maximum time weighted average airborne concentration of the substance measured over a 15 minute period.

Part 2—Conduct of elections of health and safety representatives

9 Involved union to authorise returning officer

Section 42 of the Act provides for the conduct of elections for health and safety representatives in a designated work group, allowing for an involved union in that workgroup to conduct the election.
Section 9 supports that provision by providing that an involved union conducting an election must appoint a person as a returning officer, who must then conduct the election in accordance with the rules of that involved union.

Part 3—Advice, investigations and inquiries

10 Form of provisional improvement notices

Subsection 58(1) of the Act provides that a health and safety representative in a designated work group can issue a provisional improvement notice to the person in command if an agreement is not reached within a reasonable time of rectifying a contravention of the Act or preventing a likely contravention of a provision of the Act or the regulations.
Section 10 supports that provision by providing that a provisional improvement notice must be made in accordance with Form 1 in Schedule 5 of these regulations.

11 Taking samples for testing etc

Subsection 91(1) of the Act provides that in conducting an investigation, an inspector may, to the extent that it is reasonably necessary for the purposes of inspecting, examining, taking measurements of or conducting tests concerning, any plant, substance or thing at a workplace in connection with the investigation, take possession of the plant, substance or thing and remove it from the workplace or take a sample of the substance or thing and remove that sample from the workplace.
Subsection 11(1) supports that provision by clarifying that an inspector who has taken a sample of a substance or thing at a workplace must under subsection 91(1), divide the sample into 3 parts, seal each part in a container, give one part to the operator, arrange for another part to be inspected, examined, measured or tested and retain the remaining part for further inspection, if the sample is practically divisible.
Subsection 11(2) provides that where a sample is not practicably divisible, the inspectors must arrange for the whole of the sample to be inspected, examined, measured or tested.
Subsection 11(3) requires the inspector to take all reasonable steps to ensure the plant is not damaged and the sample is not contaminated.

12 Form of certain notices

Section 12 supports the general powers of inspectors under the Act to issue notices and directions and requires that a notice or direction, such as a notice of taking possession of plant, a direction not to disturb a workplace, prohibition notices and improvement notices, must be in the relevant form contained in Schedule 4.

13 Alteration or disturbance of site of accident or dangerous occurrence

Subsection 13(1) is made pursuant to subsection 33(1) of the Act, which empowers the making of regulations relating to occupational health and safety. Subsection 13(1) provides that a person in command of a prescribed ship or prescribed unit commits an offence if that person engages in conduct or allows another person to engage in conduct and the conduct results in the alteration or disturbance of the site of an accident or the site of a dangerous occurrence on the ship or unit and at the time of the conduct an inspector had not inspected the site and the inspector had not given permission in writing for the alteration or disturbance of the site. A penalty of 10 penalty units applies.
Subsections 13(2) and 13(3) provide that the offence of alteration or disturbance of site provision does not apply if at the time of the conduct, the person in command had a reasonable excuse, had given a notice of the accident or dangerous occurrence and the Inspectorate had notified the person in command in writing that an inspection of the site of the accident or dangerous occurrence by an inspector was not required or the ship or unit was in an Australian port when notice was given of the accident or dangerous occurrence and an inspector did not visit the site within 24 hours of notice being given or the ship or unit was at sea and proceeding to an Australian port when notice was given of the accident or dangerous occurrence, and an inspector did not visit the site within 24 hours of the arrival of the ship or unit at the port or the ship or unit was at sea and not proceeding to an Australian port when notice of the accident or dangerous occurrence was given.
Subsection 13(4) provides that, without limiting subsection 13(2), a person in command had a reasonable excuse if the alteration or disturbance was unavoidable, or the person engaged in, or allowed another person to engage in, the conduct that resulted in the alteration or disturbance of the site of an accident or dangerous occurrence as a result of the rescue, or attempted rescue, of an injured person or the retrieval, or attempted retrieval, of the body of a deceased person or the protection, or attempted protection, of the health or safety of a person or the prevention, or attempted prevention, of damage being done to a substance or thing or the restoration, or attempted restoration, of a workplace to safe working conditions or the performance, or attempted performance, of a task necessary for the proper operation of the ship or unit.

Part 4—Notices and reports

14 Period of incapacity requiring notice and report

Paragraph 107(1)(b) of the Act provides for notification and reporting of accidents and dangerous occurrences where an employee becomes incapacitated in performing their work for a prescribed period. Section 14 prescribes a period of 5 successive days or more.

15 Notifying accidents and dangerous occurrences

Section 107(1) of the Act provides that an operator must give the Inspectorate notice of, and report about, an accident or dangerous occurrence outlined under s 107(1) of the Act. Section 15prescribes the requirements in relation to a notice of an incident required to be given under subsection 107(1) of the Act.
Subsections 15(2) and 15(3) outline the form in which notification of accidents and dangerous occurrences must be provided. This includes that a notice must be in writing, identify the workplace and the operator of the workplace, specify the time of the incident, identify the location of the workplace at that time and describe the incident. The notice may set out any other matters the operator considers relevant.
Subsection 15(4) provides that the notice must be given to the Inspectorate by email or by another electronic means specified on the Inspectorate’s website.
Subsection 15(5) provides that the operator commits an offence if the operator fails to give notice of an incident in accordance with subsection 107(1) of the Act and this section of the Regulations to the Inspectorate within 4 hours of becoming aware of the incident. A penalty of 10 penalty units applies.
Subsection 15(6) provides that subsection 15(5) does not apply if it was not reasonably practicable for the operator to give the notice to the Inspectorate within 4 hours of becoming aware of the incident; and the operator gives the notice to the Inspectorate as soon as reasonably practicable.

16 Reporting accidents and dangerous occurrences

For the purposes of subsection 33(1) of the Act, subsection 16(1) prescribes the requirements in relation to a report about an incident required to be given under subsection 107(1) of the Act.
Subsection 16(2) outlines the form in which the report of accidents and dangerous occurrences must be provided. The report must be in writing, identify the workplace and the operator of the workplace, specify the time of the incident, identify the location of the workplace at that time, specify the activities the workplace is engaged in at that time, describe the incident and set out a list of the consequences of the incident. If a person was affected by the incident, the report must also set out the details of the person, describe the effect of the incident on the person, and provide their name, gender, nationality, date of birth, address. The report must also set out the name, position and contact details of the person giving the report.
Subsection 16(3) provides that the report may set out any other matters the operator considers relevant.
Subsection 16(4) provides that the report must be given to the Inspectorate by email or by another electronic means specified on the Authority’s website.
Subsection 16(5) provides that the operator must give a report of an incident in accordance with subsection 107(1) of the Act to the Inspectorate within 72 hours of becoming aware of the incident. A penalty of 10 penalty units applies.
Subsection 16(6) provides that subsection 16(5) does not apply if it was not reasonably practicable for the operator to give the report to the Inspectorate within 72 hours of becoming aware of the incident and the operator gives the report to the Inspectorate as soon as reasonably practicable.

17 Records of accidents and dangerous occurrences

Subsection 108(1) of the Act requires that an operator must retain a record of each accident or dangerous occurrence. Section 17 provides that an operator must retain a record of a report about an accident or dangerous occurrence for a period of 5 years after the day on which the report was made.

18 Statistical reports

Subsection 18(1) provides an operator must report in writing to the Seacare Authority on the average number of fulltime equivalent employees of the operator and the total number of hours worked by employees of the operator in the financial year, within the period of 30 days after the end of the financial year. A penalty of 1 penalty unit applies for failure to report.
Subsection 18(2) provides that subsection 18(1) is an offence of strict liability.
Subsection 18(3) provides that subsection 18(1) does not apply if it is not reasonably practicable for the operator to report within the period required and the operator reports to the Seacare Authority as soon as reasonably practicable.
To the extent that this section is not expressly required or permitted by the Act to be prescribed, this section is supported by section 121(b) of the Act. That allows for the Governor-General to make regulations prescribing all matters necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Part 5—National standards

19 National standards

Section 19 provides that Schedules 1, 2 and 3 are made for the purposes of subsection 33(1) of the Act, which provides that regulations can be made relating to any matter affecting or likely to affect the occupational health and safety of employees, contractors and other persons.

Part 6—Application and transitional provisions

Part 6 introduces into the Regulations transitional clauses required to address changes made to the two OHS(MI) regulations to provide employers and employees some time to comply with the technical updates.

Division 1—Application of this instrument as originally made

Subdivision A—Definitions

20 Definitions for Division 1

This section provides for definitions relevant to this part of the Regulations. It introduces the definition of ‘commencement day’ to mean the day that this Division commences, ‘old national standards regulations’ to mean the Occupational Health and Safety (Maritime Industry) (National Standards) Regulations 2003, and ‘SDS’ to have the same meaning as in Schedule 1.

Subdivision B—Hazardous substance

21 Transitional—hazardous substances—SDS

This section provides that a MSDS for a hazardous substance from Part 2 of the Occupational Health and Safety (Maritime Industry) (National Standards) Regulations 2003 that was previously supplied before the commencement day of the Regulations and is still in use at the workplace will be recognised as an existing SDS. It is recognised in accordance with schedule 1 of the Regulations.
There are a number of duties attached to SDSs that are consequential to others including manufacturers needing to prepare and review an SDS and operators needing to obtain an SDS and ensure it is readily accessible.
This provision means that a new SDS does not need to be supplied for an existing MSDS to fulfil these SDS duties provided the MSDS was supplied prior to the commencement of the Regulations and done in accordance with subregulation 2.04(3) of the Occupational Health and Safety (Maritime Industry) (National Standards) Regulations 2003. Those duties attached to an SDS will be satisfied through the existing MSDS.

22 Transitional—hazardous substance—risk assessment

This section provides that a hazardous substance risk assessment for a hazardous substance from Part 2 of the Occupational Health and Safety (Maritime Industry) (National Standards) Regulations 2003 that was previously supplied before the commencement day of the Regulations and remains valid would be recognised as an existing risk assessment for a hazardous substance within the Regulations.
There are several duties attached to risk assessments for hazardous substances, including operators needing to prepare a risk assessment for any work that may involve potential exposure to a hazardous substance at a workplace.
This section provides that a new risk assessment does not need to be done if the previously supplied assessment remains valid and was made or revised in accordance with subregulations 2.15(3), (4), (5) and (9) of the Occupational Health and Safety (Maritime Industry) (National Standards) Regulations 2003.
A new risk assessment for hazardous substances will need to be undertaken when a hazardous substance is being introduced after the commencement of the Regulations, or when changing the workplace, work practice, activity or process if that may give rise to a health risk. A new risk assessment will also need to be undertaken if section 13(8)-(9) of Schedule 1 of the Regulations applies.

23 Transitional—hazardous substances—exemptions

This section provides that an unfinalized application, or previously in force existing exemption, to use prohibited hazardous substances made under Schedule 3 to the Occupational Health and Safety (Maritime Industry) (National Standards) Regulation 2003, is recognised as an existing exemption for the purposes of section Schedule 1, Division 5 of the Regulations. Any conditions attached to that exemption would also be captured by this transitional provision.
This ensures that, subject to the Authority’s discretion or the expiry of the exemption, all previously existing exemptions and unfinalised applications can remain and proceed.

Subdivision C—Manual handling

24 Transitional—manual handling—risk assessment

This section provides that a manual handling risk assessment as defined in Part 3 of the Occupational Health and Safety (Maritime Industry) (National Standards) Regulation 2003 that was undertaken before and remained valid prior to the commencement of the Regulations will be recognised as a current risk assessment under the Regulations.

Subdivision D—Confined spaces

25 Transitional—confined spaces—risk assessment

Subsection (1) provides that a confined spaces risk assessment that was undertaken under regulation 4.08 of the Occupational Health and Safety (Maritime Industry) (National Standards) Regulation 2003 and remained valid before commencement day is recognised as a valid risk assessment issued in accordance with clause 8 of Schedule 3 of the Regulations.
Subsection (2) provides that a confined spaces risk assessment that was undertaken under regulation 4.08 of the Occupational Health and Safety (Maritime Industry) (National Standards) Regulation 2003 and was not valid before commencement day is recognised as a risk assessment that has ceased to be valid in accordance with clause 9 of Schedule 3 of the Regulations.

26 Transitional—confined spaces—permit to work

Subsection (1) provides that a confined spaces permit to work that was issued under regulation 4.23 of the Occupational Health and Safety (Maritime Industry) (National Standards) Regulation 2003 and remained valid before commencement day is recognised as a valid permit to work issued in accordance with clause 24 of Schedule 3 of the Regulations.
Subsection (2) provides that a confined spaces permit to work that was issued under regulation 4.23 of the Occupational Health and Safety (Maritime Industry) (National Standards) Regulation 2003 that was not valid before commencement day is recognised as a permit to work issued in accordance with clause 24 of Schedule 3 of the Regulations that has ceased to be valid under Schedule 3, subclause 27(2) of the Regulations.

27 Transitional—confined spaces—record keeping

The section provides that clause 31 of Schedule 3 of the Regulations applies to an operator following the commencement of the Regulations. This means that the period for which records must be kept will apply for any records made prior to the commencement of the Regulations that remain valid.

Schedule 1—National standards for hazardous substances

Division 1—Introduction

1 Objects of Schedule 1

Clause 1 provides that the object of Schedule 1 is to minimise the risk to the health of persons due to exposure to hazardous substances. This includes (however is not limited to) ensuring that when hazardous substances to be used at workplaces are supplied to the workplace, the substances are labelled and the workplace is supplied with Safety Data Sheets and providing for the assessment of the risk of exposure and the control of exposure to hazardous substances at work and training of employees and contractors who could be exposed to hazardous substances.

2 Application of Schedule 1

Subclause 2(1) provides that this Schedule applies to all hazardous substances, all workplaces at which hazardous substances are used and all persons who could be exposed to hazardous substances at a workplace.
Subclause 2(2) provides that this Schedule does not apply to a substance that is being transported in accordance with the requirements set out in the International Maritime Dangerous Goods Code published by the International Maritime Organization, as it exists at the time this Schedule commences.

3 Definitions for Schedule 1

Clause 3 provides the definitions for this Schedule. The OHS(MI(NS)) Regulations referred to three separate items to define the substance that the protections related to. These terms are ‘hazardous substance’, ‘asbestos’ and ‘scheduled carcinogenic substance’. These original regulations were put in place to meet an international and national ban on all asbestos related substances in shipping, with some limited grandfathering and exception clauses.
The original prohibition contemplated additional subjects being added to the WHS cover. As the OHS(MI) Regulations were never amended to include additional substances, the term ‘asbestos’ has been expanded to include the carcinogenic substances formerly described in the schedule to the OHS(MI) Regulations and the schedule is now obsolete.
These provisions have been simplified to meet modern drafting standards, but the effect has not been altered from the intention of the original regulations sunsetting on 1 April 2026. Although substantially the same, the two terms ‘hazardous substances’ and ‘asbestos’ have been retained in this Regulation to avoid unintended changes. This will be reviewed during the harmonisation process.
Clause 3 provides for the definition of article, asbestos, atmospheric monitoring, biological monitoring, bona fide research, container, emergency service, hazardous substance, hazard statement, health surveillance, in situ, labelling model code, manufacturer, minimise, precautionary statement, product name, risk assessment, risk to health, Safety Data Sheet (SDS), SDS model code, substance and use.
‘Asbestos’ means any of the following fibrous forms of mineral silicates belonging to the serpentine and amphibole groups of rock forming minerals:
1. actinolite asbestos;
2. amosite (brown asbestos);
3. anthophyllite asbestos;
4. chrysotile (white asbestos);
5. crocidolite (blue asbestos);
6. tremolite asbestos.
‘Hazardous substances’ is defined in almost identical terms. It means one of the following substances:
1. actinolite asbestos;
2. amosite (brown asbestos);
3. anthophyllite asbestos;
4. chrysotile (white asbestos);
5. crocidolite (blue asbestos);
6. tremolite asbestos.
The SDS model code means the Model Code of Practice: Preparation of safety data sheets for hazardous chemicals published by Safe Work Australia as it exists at the time this Schedule commences.

Division 2—Duties of a manufacturer, and a supplier, of a hazardous substance

Division 2 will make provision for use of safety data sheets (SDSs). The purpose of an SDS is to provide the information needed to allow the safe handling of hazardous substances used at workplaces. The SDS for a substance describes its identity, relevant health hazard information, precautions for use and safe handling information. Appendix C of the SDS model code provides guidance on the preparation and use of an SDS.
The provisions in Division 2 will replace the reference to the standards set out in the obsolete National Code of Practice for the Preparation of Material Safety Data Sheets [NOHSC:2011 (1994)] established by the former National Occupational Health and Safety Commission (NOHSC).

4 Safety Data Sheets—manufacturer's duties

Subclause 4(1) provides that a manufacturer of a hazardous substance commits an offence where the manufacturer knows, or ought reasonably to know, that the substance will be used by employees or contractors at a workplace and fails to prepare a safety data sheet (SDS) for the substance before the substance is supplied to the operator of the workplace and to ensure that the safety data sheet is in accordance with subclause (3). A penalty of 10 penalty units applies.
Subclause 4(2) provides that Clause 4(1)(b) is an offence of strict liability.
Subclause 4(3) provides the information that must be set out in an SDS.
Subclause 4(4) provides that a manufacturer of a hazardous substance commits an offence where the manufacturer knows, or ought reasonably to know, that the substance will be used by employees or contractors at a workplace and fails to give a copy of the current SDS to a supplier who supplies the substance to the operator of the workplace. A penalty of 10 penalty units applies.
Subclause 4(5) provides that a manufacturer of a hazardous substance commits an offence if the manufacturer fails to review an SDS within 5 years after the SDS is first issued, and afterwards at intervals of not more than 5 years; and as often as is necessary to ensure that it contains current information and is accurate in all material respects. A penalty of 10 penalty units applies.

5 Safety Data Sheets—supplier's duties

Clause 5 provides that a supplier of a hazardous substance commits an offence where the supplier knows, or ought reasonably to know, that the substance will be used by employees or contractors at a workplace and fails to give a copy of the current SDS for the substance to the operator of the workplace not later than the time at which the substance is first supplied by the supplier to the operator and at any later time on request by the operator. A penalty of 10 penalty units applies.

6 Labelling of hazardous substances

Subclause 6(1) provides that a supplier of a hazardous substance commits an offence where the supplier knows, or ought reasonably to know, that the substance will be used by employees or contractors at a workplace and fails to label each container in which the hazardous substance is supplied with a label that clearly identifies the hazardous substance and sets out the information required in this Clause. A penalty of 10 penalty units applies.
The transitional provisions allow for use of labels existing for hazardous substances supplied before this clause commences.
Subclause 6(2) provides that subparagraph 6(1)(b)(i) is an offence of strict liability.

7 Provision of information by a supplier

Clause 7 provides that a supplier of a hazardous substance commits an offence where the supplier knows, or ought reasonably to know, that the substance will be used by employees or contractors at a workplace and fails to provide to the operator of the workplace, on request, any further information that the supplier may have regarding the safe use of the hazardous substance they supply. This captures information additional to the information contained in the SDS relating to the substance. A penalty of 10 penalty units applies.
The previous version of this provision required that a National Industrial Chemicals Notification and Assessment Scheme (‘NICNAS’) summary report as defined under the Industrial Chemicals Notification and Assessment Act 1989 be provided upon request by a supplier. In 2020 this was replaced with the Australian Industrial Chemicals Introduction Scheme (‘AICIS’).
Consultation with stakeholders revealed that there was no exact equivalent to a NICNAS summary report under the AICIS. The AICIS assessment statements and evaluation statements provide hazard information and a summary of the risk to human health and the environment. There are no ACIS assessments or evaluation statements that assess the risks of handling asbestos.
Retaining a reference to the NICNAS or the new AICIS and their requirements to provide information would have no utility and create regulatory confusion. Furthermore, the existing requirements for an SDS to be provided would sufficiently cover the intent behind this Clause by providing relevant safe handling information.
For these reasons, the requirement for an AICIS evaluation or assessment statement was not retained.

Division 3—Duties of an operator in relation to the use of hazardous substances

8 Prohibition on uses of hazardous substances—offence

Subclause 8(1) provides that an operator commits if the operator fails to ensure that a hazardous substance is not used at a workplace under the operator’s control, in any circumstance other than one of the following:
1. bona fide research;
2. handling for storage prior to removal or disposal of the hazardous substance;
3. storage prior to removal or disposal of the hazardous substance;
4. removal or disposal of the hazardous substance in accordance with:
  1. a law of a state or territory relating to the removal of asbestos; or
  2. if no such law applies—the Asbestos model code;
5. disturbance of the hazardous substance where the substance is naturally occurring if the disturbance is incidental to operations not related to the extraction or processing of the substance for example, roadworks;
6. use (without disturbance) of the hazardous substance in products that are in situ.
A penalty of 10 penalty units applies.
Subclause 8(2) establishes a defence for an operator in relation to a hazardous substance if:
1. the Seacare Authority grants, under Clause 23(1), an exemption to the operator in relation to the substance; and
2. the exemption has not ceased; and
3. if the exemption is subject to one or more conditions—the use of the substance is in accordance with the conditions.

9 Use of Safety Data Sheets—offences

Subclause 9(1) provides that an operator commits an offence if the operator fails to obtain an SDS from the supplier who supplies the substance to the operator. A penalty of 10 penalty units applies.
Subclause 9(2) provides that an operator commits an offence if the operator fails to ensure that the SDS obtained for a hazardous substance is readily accessible to each of the employees and contractors who could be exposed to the substance.
Subclause 9(3) provides that an operator commits an offence if the operator fails to ensure that the information in each copy of an SDS under the operator’s control is not altered. A penalty of 10 penalty units applies.
Subclause 9(4) is a defence provision and provides that subclause 9(3) does not apply to the extent that the operator changes the appearance of an SDS only for one or more of the following purposes:
1. to make the format of the SDS consistent with the format described in Appendix C of the SDS model code;
2. to allow the SDS to be prepared for dissemination by electronic means;
3. to allow the operator to attach to the SDS additional information that is marked clearly as not forming part of the information given by the supplier;
4. to translate the SDS into a language other than the language in which the SDS was given to the operator.

10 Use of labels

Subclause 10(1) provides that an operator commits an offence if the operator fails to correctly label each container that holds a hazardous substance used at a workplace under the operator’s control in accordance with the Clause and ensure a person does not remove, deface, modify or alter the label.
A penalty of 10 penalty units applies
Subclause 10(2) provides that failure to ensure that the label is in accordance with the seventh revised edition of failure to ensure that the label is in accordance with the requirements set out in subparagraph 6(1)(b)(i) is an offence of strict liability.
Subclause 10(3) provides that an operator commits an offence if the operator fails to ensure that a container that contains a hazardous substance is labelled until the substance is removed from the container; and the container is cleaned to the extent that it no longer contains the hazardous substance. A penalty of 10 penalty units applies.
Subclause 10(4) establishes a defence and provides that subclauses 10(1) and 10(3) do not apply in relation to a hazardous substance if:
1. the hazardous substance is decanted into a container; and
2. the hazardous substance is used up immediately after being decanted; and
3. the operator ensures that the container is immediately cleaned to the extent that it no longer contains the hazardous substance.

11 Register of hazardous substances

Subclause 11(1) provides that an operator commits an offence if the operator fails to keep and maintain a register, at each workplace under the operator’s control, for hazardous substances that are used at the workplace. A penalty of 10 penalty units applies.
Subclause 11(2) provides that an operator commits an offence if the operator fails to ensure that the register includes a list of all hazardous substances used at the workplace and a copy of the SDS obtained for each hazardous substance. A penalty of 10 penalty units applies.
Subclause 11(3) provides that an operator commits an offence if the operator fails to ensure that the register is readily accessible by all persons who could be exposed to a hazardous substance at the workplace. A penalty of 10 penalty units applies.

12 Provision of information about enclosed hazardous substances

Subclause 12(1) provides that an operator commits an offence where the operator of an enclosed system containing hazardous substances fails to disclose and identify the hazardous substance to all persons who could be exposed to the hazardous substance and fails to ensure that the hazardous substance is identified clearly to those persons. A penalty of 10 penalty units applies.

13 Risk assessment for hazardous substances

The purpose of a risk assessment for a hazardous substance is to enable decisions to be made about appropriate control measures, induction and training, atmospheric monitoring and health surveillance commensurate with the level of risk that arises from use of a hazardous substance at workplaces.
Subclause 13(1) provides that an operator commits an offence where the operator fails to ensure that a risk assessment is made in accordance with the requirements in subclause (3),(4) and (5). A penalty of 10 penalty units applies.
Subclause 13(2) provides that failure to ensure the assessment is in accordance with subclauses (3), (4) and (5) is an offence of strict liability.
Subclause 13(3) provides that a risk assessment must be undertaken before the introduction of a hazardous substance and before introducing or changing a workplace or a work practice, or an activity or process, if the introduction or change may give rise to a risk to health.
Subclause 13(4) provides that a risk assessment must include:
1. the identification of each hazardous substance that is used at work; and
2. an examination of the SDS obtained for each hazardous substance; and
3. if an SDS cannot reasonably be obtained for examination—an examination of information, equivalent to the information that is required to be included in an SDS
  1. relating to any hazard to health relating to the hazardous substance and
  2. relating to the precautions to be followed in relation to the safe use of the hazardous substance; and
4. the identification of any risk to health, arising from exposure to each hazardous substance that is identified, of which the operator knows or could reasonably be expected to know.
Subclause 13(5) provides that the operator may undertake a generic risk assessment of risks to health only if:
1. the risk assessment is carried out only in relation to work that is performed using the hazardous substance and for which the risk factors are identical in all cases; and
2. the risk assessment is designed to identify any differences in the nature of work performed using the hazardous substance that could result in a change to the risk factors associated with the performance of the work; and
3. it is not practicable for the operator to undertake a separate risk assessment for each workplace at which the hazardous substance is used.
Subclause 13(6) provides that an operator commits an offence if the operator fails to ensure that the register of hazardous substances is noted to indicate that the assessment has been completed if the risk assessment indicates there is no significant risk to health from the use of hazardous substances at work. A penalty of 10 penalty units applies.
Subclause 13(7) provides that an operator commits an offence if the operator fails to ensure that a report on an assessment is prepared if a risk assessment indicates that there is a significant risk to health from the use of any hazardous substance at work. A penalty of 10 penalty units applies.
Subclause 13(8) provides that an operator commits an offence if the operator fails to review a risk assessment within 5 years after the assessment is first completed, and afterwards at intervals of not more than 5 years, to ensure that it is still valid. A penalty of 10 penalty units applies.
Subclause 13(9) provides that an operator commits an offence if the operator fails to revise a risk assessment and the operator knows, or ought reasonably to know, of evidence that the assessment is no longer valid or there has been a significant change in the work to which the assessment relates. A penalty of 10 penalty units applies.
Subclause 13(10) provides that an operator commits an offence if the operator fails to ensure that a risk assessment is readily accessible to each of the employees or contractors of the operator who could be exposed to a hazardous substance to which the report relates. A penalty of 10 penalty units applies.

14 Risk control

Subclause 14(1) provides that an operator commits an offence if the operator fails to ensure that no employee or contractor is exposed to an airborne concentration (measured over the length of time relevant to an exposure standard) of a hazardous substance, in the breathing zone of the employee or contractor, at a level that exceeds the exposure standard. A penalty of 10 penalty units applies.
Subclause 14(2) provides that an operator commits an offence if the operator fails to ensure, on the basis of a risk assessment carried out under clause 13, that exposure to a hazardous substance is prevented or, if it is not reasonably practicable to prevent the exposure, adequately controlled to minimise the risks to health caused by the substance. A penalty of 10 penalty units applies.
Subclause 14(3) provides that an operator commits an offence if the operator fails to take all reasonably practicable steps to prevent or control exposure to a hazardous substance by measures other than the provision of personal protective equipment (PPE). A penalty of 10 penalty units applies.
Subclause 14(4) provides that an operator commits an offence if the operator fails to make available to the employee or contractor suitable personal protective equipment that will adequately control the employee’s or contractor’s exposure to the hazardous substance, where the measures undertaken under subclause 14(3) do not prevent or provide adequate control of exposure of an employee or a contractor to a hazardous substance, in addition to those measures undertaken under subclause 14(3). A penalty of 10 penalty units applies.
Subclause 14(5) provides that an operator commits an offence if the operator fails to maintain engineering controls, safe work practices or PPE are properly maintained and used. A penalty of 10 penalty units applies.

15 Atmospheric monitoring

Monitoring may be used to determine the effectiveness of control measures.
Subclause 15(1) provides that an operator who controls the workplace commits an offence if the operator fails to undertake atmospheric monitoring using procedures that are suitable for measuring exposure to the hazardous substance that is subject to monitoring when a risk assessment carried out under clause 13 indicates that atmospheric monitoring should be undertaken at a workplace. A penalty of 10 penalty units applies.
Subclause 15(2) provides that an operator commits an offence if the operator fails to ensure that the results of the atmospheric monitoring are recorded in the register kept and maintained for the purpose of subclause 11(1). A penalty of 10 penalty units applies.
Subclause 15(3) provides that an operator commits an offence if the operator fails to give the results of atmospheric monitoring to an employee or a contractor who has been, or could be, exposed to a hazardous substance that is subject to atmospheric monitoring or where the operator fails to ensure that the records of atmospheric monitoring are readily accessible to that employee or contractor at all reasonable times. A penalty of 10 penalty units applies.

16 Health surveillance

Health surveillance means the monitoring of an employee or a contractor, including the use of biological monitoring, to identify changes (if any) in the employee’s or contractor’s health due to exposure to a hazardous substance. This assists in minimising the risk to health from hazardous substances by confirming that the absorbed dose is below the acceptable level, by indicating biological effects requiring reduction of exposure and by collecting data to evaluate the effects of exposure.
Subclause 16(1) provides that an operator commits an offence if the operator fails to provide health surveillance to an employee or contractor who has been identified, in a risk assessment carried out under clause 13, as at risk of exposure to a hazardous substance if there is a significant risk to the health of the employee or contractor from the hazardous substance; and subclause (2) applies.
Subclause 16(2) applies where:
1. the operator knows, or ought reasonably to know, that
  1. there is an identifiable disease or other effect on health that may occur as a result of the exposure; and
  2. under the particular conditions of work there is a reasonable likelihood that the disease or other effect on health may occur as a result of the exposure; and
  3. there are valid techniques for detecting an indication of the disease or other effect on health; or
2. there is a valid biological monitoring procedure available and reasonable likelihood that accepted values may be exceeded. A penalty of 10 penalty units applies.
Subclause 16(3) specifies that the prosecution bears the legal burden of proving the matter in (a) or (b).
Subclause 16(4) provides that an operator commits an offence if the operator fails to ensure that the health surveillance is performed under the supervision of a legally qualified medical practitioner who is competent in the requisite testing or medical examinations for the substance and to ensure that the health surveillance includes collecting/recording of occupational and demographic data, medical interview, keeping records of personal exposure and the operator consults the employee or contractor on the selection of a medical practitioner to supervise the health surveillance. A penalty of 10 penalty units applies.
Subclause 16(5) provides that an operator commits an offence if the operator fails to notify the employee or contractor who undergoes health surveillance as soon as practicable; and explain the results of health surveillance, or if the operator fails to notify the Inspectorate, of any adverse result detected in the health surveillance that is consistent with exposure to the hazardous substance.
The disclosure of the result of the health surveillance to the employee and the Inspectorate may raise an issue under Australian Privacy Principle (IPP) 3.3 established under the Privacy Act 1988. The operator is required by law to provide the health surveillance to an employee who has been identified at risk of exposure to a hazardous substance and to share the outcome from that surveillance with the employee and the Inspectorate.
As such, the requirement falls under the exception to IPP 3 as it is use and disclosure of personal information that is reasonable, necessary and proportionate to achieving a legitimate aim, that is, to provide work health and safety protection from hazardous substances at the workplace for employees.
Subclause 16(6) provides that an operator commits an offence if the operator fails to revise any assessment of the employee’s or contractor’s exposure where the operator is advised by a medical practitioner of an adverse result detected in the health surveillance of an employee or a contractor that is consistent with exposure to a hazardous substance, or if the operator fails to take the steps that are necessary to comply with the requirements of this Schedule. A penalty of 10 penalty units applies.
Subclause 16(7) provides that the operator commits an offence if the operator fails to keep records confidential and ensure that records obtained by the operator as a result of health surveillance are kept as confidential records and the written consent of the employee or contractor is obtained before the records are given or shown to a person who is entitled to have access to the records other than the operator, employee or contractor, a person entitled to access the records under Clause 20. A penalty of 5 penalty units applies.
Subclause 16(8) provides that health surveillance required under this regulation must be undertaken at the expense of the operator.

17 Instruction and training

Clause 17 provides that the operator commits an offence where the operator fails to ensure that:
1. employees and contractors who are likely to be exposed to a hazardous substance, and anyone supervising the employees or contractors, are trained and provided with information and instruction in:

the nature of the hazard associated with the substance, the process of risk assessment and the level of risk; and
the control procedures associated with the use of the substance; and
the need for, and proper use and maintenance of, measures to control risk; and
the use, fit, testing and storage of personal protective equipment, if personal protective equipment forms a part of the measures to control risk; and
1. the instruction and training are commensurate with the level of risk to health, caused by the hazardous substance, that is assessed.

A penalty of 10 penalty units applies.

18 Exposure to hazardous substances

Subclause 18(1) provides that an operator commits an offence if the operator fails to notify an employee or contractor of exposure to a hazardous substance if it is likely that an employee or a contractor has been exposed to a hazardous substance. A penalty of 10 penalty units applies.
Subclause 18(2) specifies that subclause 18(3) applies to an employee if it is likely that the employee has been, in the course of the employee’s employment, exposed to one or more hazardous substances in, or in connection with, any circumstance other than the following:
1. removal or disposal of the hazardous substance in accordance with:
  1. a law of a state or territory relating to the removal of asbestos; or
  2. if no such law applies—the Code of Practice: How to safely remove asbestos published by Safe Work Australia, as it exists at the time this Schedule commences;
2. disturbance of the hazardous substance where naturally occurring if the disturbance is incidental to operations not related to the extraction or processing of the hazardous substance, (for example, roadworks);
3. use (without disturbance) of the hazardous substance in products that are in situ.
Subclause 18(3) provides that an operator commits an offence if the operator fails to provide an employee, on the termination of the employee’s employment, with a written statement that includes the following information:
1. the name of each hazardous substance to which the employee was, or was likely to have been, exposed;
2. the period of known exposure to the substance;
3. the period of likely exposure to the substance;
4. a copy of any relevant assessment report prepared under Clause 13;
5. details of how and where the employee can obtain any other relevant records;
6. the advisability of having periodic health assessments and the types of tests that are relevant.
A penalty of 10 penalty units applies.

19 Record keeping

Subclause 19(1) provides that an operator commits an offence if the operator fails to keep a report, as a record in a suitable form and for at least 30 years from the date of the last entry in the report, of atmospheric monitoring or health surveillance if an assessment report prepared under clause 13 (other than a report to which subclause (3) applies) indicates a need for, or contains the results of, atmospheric monitoring or health surveillance. A penalty of 5 penalty units applies.
Subclause 19(2) provides that an operator commits an offence if the operator fails to keep a report, as a record in a suitable form and for at least 5 years from the date of the last entry in the report, of atmospheric monitoring or health surveillance if an assessment report prepared under clause 13 (other than a report to which subclause (3) applies) does not indicate a need for, or contains the results of, atmospheric monitoring or health surveillance. A penalty of 5 penalty units applies.
Subclause 19(3) provides that an operator commits an offence if the operator fails to keep a record for at least 30 years from the date of the last entry in the report of the full name, date of birth and address of an employee or contractor of exposures to hazardous substances if an assessment report identifies the employee or the contractor as having been or likely to be exposed in the course of their work at the workplace, to a hazardous substance (except where subclause 18(2) applies). A penalty of 5 penalty units applies.
Subclause 19(4) provides that an operator commits an offence if the operator fails to keep as a record in suitable form for at least 5 years from the date of the last entry in the document, a document that includes details of instruction and training given by the operator to an employee or a contractor for the purposes in a suitable form and for at least 5 years from the date of the last entry in the document. A penalty of 5 penalty units applies.
Subclause 19(5) provides that an operator commits an offence if the operator fails to give a record to the Seacare Authority when the operator ceases operation in Australia before the end of the minimum period for keeping the record. A penalty of 5 penalty units applies.
Subclause 19(6) provides that an offence against subclauses (1), (2), (3), (4) or (5) is a strict liability offence.
Subclause 19(7) provides that the definition of ‘suitable form’ means a legible form in English or a form that is readily accessible and convertible into a legible form in English.

20 Records to be accessible

Clause 20 provides that an operator commits an offence if the operator fails to ensure that all records relating to hazardous substances kept under this Schedule are readily accessible to an emergency service, the Inspectorate, and an inspector acting in the course of the inspector’s duties. A penalty of 10 penalty units applies.

Division 4—Employees' and Contractors’ duties in relation to hazardous substances

21 Duties of employees and contractors

Subclause 21(1) provides that an employee commits an offence if the employee fails to report to the operator any matters that may affect the operator’s compliance with the provisions of this Schedule as soon as practicable after the employee becomes aware of the matter. A penalty of 10 penalty units applies.
Subclause 21(4) provides that a contractor commits an offence if the contractor fails to report to the operator any matters that may affect the operator’s compliance with the provisions of this Schedule as soon as practicable after the employee becomes aware of the matter. A penalty of 10 penalty units applies.

Division 5—Exemptions from Clause 8

22 Applications for exemptions

Clause 22 provides that an operator may make an application to the Seacare Authority for an exemption from Clause 8 in relation to a hazardous substance. The application must be in writing and on the form approved by the Seacare Authority and include evidence that the use of the hazardous substance is essential to the operation of the operator’s business; and there is no reasonable alternative substance for the hazardous substance.

23 Grant or refusal of exemption

Clause 23 provides that, on receipt of an application by the operator under Clause 22, the Seacare Authority may grant or refuse to grant the exemption or ask the operator to give further information within a reasonable period specified by the Authority. If no information has been given after the Authority has asked for further information in the specified time the application is taken to be withdrawn.
Before granting the exemption, the Authority must be satisfied that the use of the hazardous substance is essential to the operation of the operator’s business and there is no reasonable alternative substance for the hazardous substance and there are no circumstances suggesting that granting the exemption would be inconsistent with the objects of Schedule 1.
The Authority must give the operator a written notice if it refuses to grant the exemption.

24 Conditions on an exemption

An exemption may be subject to conditions that promote the objects of Schedule 1. The Authority may add, vary or revoke a condition by notice in writing to the operator. The notice must include the reasons for the addition, variation or revocation and the time a written notice if it refuses to grant the exemption and the time when the addition, variation or revocation takes effect.

25 Operation of an exemption

An exemption commences on the day it is granted or a later date stated in the exemption. The Authority may cancel the exemption if it is satisfied that continuing the exemption would be inconsistent with the objects of Schedule 1 or where the operator asks that the exemption be cancelled.
The Authority is not required to consult the operator before cancelling an exemption but must give the operator a written notice of its decision and the reasons for its decision and the time from which it is cancelled if it cancels the exemption to grant the exemption for the reason that would be inconsistent with the objects of Schedule 1. The exemption ceases at the end of the day stated in the exemption as the day when it ceases or when it is cancelled.

26 Review of exemption decisions

An application may be made to the Administrative Review Tribunal for review of decisions by the Authority to refuse to grant an exemption, to make an exemption subject to a condition or vary or revoke a condition or to cancel an exemption.

Schedule 2—National Standards for manual handling

Division 1—Introduction

1 Objects of Schedule 2

Clause 1 provides that this Schedule is to prevent the occurrence of injury and reduce the severity of injuries resulting from manual handling tasks and to require employers to identify, assess and control risks relating to manual handling tasks.

2 Definition of manual handling

Manual handling is defined for Schedule 2 to mean an activity requiring the use of force exerted by a person to lift, lower, push, pull, carry or otherwise move, hold or restrain any person, animal or thing.

Division 2—Duties of an employer

3 Duties of an employer—general

Subclause 3(1) provides that an employer commits an offence if the employer fails to ensure that the plant and containers used at the workplace are designed, constructed and maintained to be without risk to health and safety when manually handled, the work systems involving manual handling carried out at the workplace are designed to be without risk to health and safety for the purposes of manual handling; and the working environment of the workplace is designed to allow the safe performance of manual handling tasks. ‘Plant’ is defined in section 4 of the Act to include any and any component of machinery, equipment or tool. A penalty of 10 penalty units applies.
Under subclause 3(2), subclause (1) does not apply where the employer complied with subclause (1) as far as reasonably practicable.
Subclause 3(3) provides an identical offence to subclause 3(1) except that 3(1) applies to an employer’s duty at a workplace that the employer controls and subclause 3(3) applies to an employer’s duty in relation to an employee under the employer’s control who performs work. A penalty of 10 penalty units applies.
Under subclause 3(4), subclause (3) does not apply where the employer complied with subclause (1) as far as reasonably practicable.

4 Duties of an employer—risk assessment

Subclause 4(1) provides that an employer commits an offence if the employer fails to ensure that a manual handling task that is likely to be a risk to health and safety is examined and the risk is assessed in accordance with Subclause 4(2). A penalty of 10 penalty units applies.
Subclause 4(2) sets out a list of matters, where relevant, that the employer must take into account in assessing a risk:
1. the actions and movements involved in the task;
2. the layout of the workplace or the place, other than a workplace, at which the task is carried out;
3. the layout of the workstation at which the task is carried out;
4. the posture and position that must be taken by each individual involved in carrying out the task;
5. the duration of the task;
6. the frequency with which the task is carried out;
7. the location of each load involved in the task;
8. the distance that a load is moved as part of the task;
9. the weight involved in the task;
10. the force required to carry out the task;
11. the characteristics of each load involved in the task;
12. the characteristics of any plant that is used in the course of carrying out the task;
13. the organisation of work at the workplace or the place, other than a workplace, at which the task is carried out;
14. the work environment of the workplace; or the place, other than a workplace, at which the task is carried out;
15. the skills and experience of each individual involved in carrying out the task;
16. the age of each individual involved in carrying out the task;
17. the clothing worn by each individual involved in carrying out the task;
18. the special needs of each individual involved in carrying out the task;
19. if the workplace is, or is on, a vessel—the stability of the vessel;
20. any other matter that is considered relevant following any consultations relating to the assessment that are required under the Act or these Regulations.
A penalty of 10 penalty units applies for failure to comply with subclause (2). Strict liability applies to the physical element that the consultations referred to in paragraph (t) are required.

5 Duties of an employer—risk control

Subclause 5(1) provides that an employer commits an offence where the employer fails to ensure that all risks to health and safety relating to carrying out a manual handling ask are controlled in accordance with subclauses (3) to (5). A penalty of 10 penalty units applies. Under subclause (2), subclause (1) does not apply where the employer complied with subclause (1) as far as reasonably practicable.
Subclause 5(3) provides that an employer commits an offence if the employer fails to redesign a task to eliminate or minimise the risk associated with each risk factor assessed under subclause 5(4) or if it is not practicable to eliminate or minimise an assessed risk factor, to control the risk factor and provide appropriate training to employees involved in carrying out the task, including training in safe manual handling techniques, and if possible, schedule the task for the lowest risk period of the operation. An example of the period of lowest risk for a task may be when the vessel on which the task is carried out is at dock, rather than at sea. A penalty of 10 penalty units applies.
Subclause 5(4) provides that an employer commits an offence if the employer fails to implement as many of the following measures as are appropriate to control the risk, as soon as practicable after identifying the risk, if the redesign of the task is reasonably practicable, but cannot be implemented within a reasonable time after a risk is identified: the provision of mechanical aids to manual handling; the provision of PPE and manual handling by team lifting and if the employer fails to provide appropriate training to employees for each of these 3 measures implemented. A penalty of 10 penalty units applies.
Subclause 5(5) provides that, where it is not reasonably practicable to redesign the task, an employer commits an offence if the employer fails to undertake the actions to implement as many of the following measures as are appropriate to control the risk: the provision of mechanical aids to manual handling; the provision of PPE and manual handling by team lifting and if the employer fails to provide appropriate training to employees for each of these 3 measures implemented. A penalty of 10 penalty units applies.

Division 3—Duties of an employee

6 Duties of an employee—use of training

Subclause 6(1) provides that an employee commits an offence if the employee fails to carry out manual handling tasks in accordance with training the employee has been given in safe manual handling techniques. A penalty of 10 penalty units applies. Strict liability applies to the element that the training is in accordance with the manual handling techniques set out in paragraph 5(3)(b).
Under Subclause 6(3), subclause (1) does not apply where the employee complied with subclause (1) as far as reasonably practicable.
Subclause 6(4) provides that an employee commits an offence if the employee fails to carry out manual handling tasks in accordance with training the employee has been given to reduce the risk. A penalty of 10 penalty units applies. Strict liability applies to the element that the training is to give effect to a measure implemented under paragraph 5(3)(b).
Under subclause 6(6), subclause (4) does not apply where the employee complied with subclause (4) as far as reasonably practicable.

Schedule 3—National standards for confined spaces

Division 1—Preliminary

1 Objects of Schedule 3

Clause 1 provides that the object of Schedule 3 is to minimise risks to the health of persons working in confined spaces on prescribed ships or prescribed units

2 Definitions for Schedule 3

Clause 2 sets out definitions of terms used in Schedule 3 for the following terms:
1. atmospheric monitoring means continuous measurement, over an uninterrupted duration of time, of the concentration of oxygen or airborne contaminants
2. atmospheric testing means measurement, that is not continuous, of the concentration of oxygen; or airborne contaminant
3. competent person means a person who has, by a combination of training, education and experience, acquired knowledge and skills to enable the person to make an informed assessment of the likelihood of an airborne contaminant being present or subsequently arising in a confined space, or correctly perform a specific task associated with a confined space; and meets any specific requirements imposed by a state or territory law in relation to making the assessment or performing the specific task.
4. confined space means an enclosed space or partially enclosed space that is, or is intended to be, at normal atmospheric pressure while a person is in the space; and that is not intended or designed primarily for human occupancy; and within which there is a risk of one or more of the following
  1. an oxygen concentration outside the safe oxygen range;
  2. an airborne contaminant that could cause impairment, loss of consciousness or asphyxiation;
  3. a flammable airborne contaminant that could cause injury from fire or explosion;
  4. engulfment in a stored free flowing solid or a rising level of liquid that could cause suffocation or drowning;

whether or not the space has a restricted means of entry or exit.

contaminant means a dust, fume, mist, vapour, gas or biological matter or another substance in liquid or solid form, which could be harmful to persons.
flammable airborne contaminant means a dust, fume, mist, vapour or gas present in the air at concentrations that can propagate a flame on contact with an ignition source.
hazard means a source of potential harm.
LEL has the meaning given by Clause 3.
permit to work has the meaning given by Clause 24.
personal protective equipment means equipment used by a person for their protection, including protective clothing, safety helmets, eye and face protection, hearing protection, gloves, safety footwear, lifelines, safety harnesses, breathing apparatus and respirators.
risk assessment means the process of evaluating the possibility and consequences of injury or illness arising from exposure to an identified hazard or identified hazards.
risk control means the process of managing the elimination or minimisation of the likelihood that a substance will cause harm to health in the circumstances of its use.
safe oxygen range means, under normal atmospheric pressure, a minimum oxygen content in the atmosphere of 19.5% by volume and a maximum oxygen content in the atmosphere of 23.5% by volume.
stand-by person has the meaning given in Clause 20.

3 Explosive limit

A flammable contaminant has a lower explosive limit (LEL) and an upper explosive limit (UEL). This part only refers to the lower explosive limit. Clause 3 provides that, in Schedule 3, the LEL of a flammable component is the concentration of the contaminant in the air below which the propagation of a flame does not occur on contact with an ignition source.

Division 2—Duties of operators

Subdivision 1—Securing confined spaces

4 Entry and exit points

Subclause 4(1) provides that an operator commits an offence if the operator fails to ensure that the entry points to a confined space are secured against unauthorised entry and, if practicable, the entry points to the confined space are permanently signposted. A penalty of 10 penalty units applies.
Subclause 4(2) provides that an operator commits an offence if the operator fails to ensure that entry and exit points from confined spaces are not obstructed by fittings or equipment that would impede rescue. A penalty of 10 penalty units applies.
Subclause 4(3) provides that subclauses (1) and (2) are strict liability offences.

5 Work practices and confined spaces

Subclause 5(1) provides that an operator commits an offence if the operator fails to design work practices to minimise the need to enter confined spaces. A penalty of 10 penalty units applies. Subclause 5(2) provides that this is a strict liability offence.

6 Modifications to confined space

Subclause 6(1) provides that an operator commits an offence if, where a confined space is to be modified, the operator fails to modify the space in a way that does not detrimentally affect the safe means of entry to, exit from or work in the confined space. A penalty of 10 penalty units applies. Subclause (2) provides that this is a strict liability offence.

Subdivision 2—Hazard identification and risk assessment

7 Hazard identification

Clause 7 provides that an operator commits an offence if the operator fails to ensure that a competent person identifies hazards associated with entry to, exit from or work in a confined space before any work is undertaken in the confined space. A penalty of 10 penalty units applies.

8 Risk assessment

Subclause 8(1) provides that an operator commits an offence if the operator issues a permit to work for work in a confined space before a competent person has undertaken a risk assessment for the work in the confined space and prepared a written report of the risk assessment, including the matters in subclause 8(4). A penalty of 10 penalty units applies. subclause 8(2) provides that this is a strict liability offence. Clause 31 sets out the period for which the report must be kept.
Subclause 8(3) provides that a risk assessment may cover work in more than one confined space only if all the confined spaces are similar and the risk factors for all confined spaces are identical.
Subclause 8(4) provides that an operator commits an offence where the risk assessment does not include all of the matters listed in this subclause. These are:
1. the nature of each confined space;
2. the inherent hazards of each confined space;
3. work that is to be carried out in each confined space, including whether it is necessary to enter the confined space to carry out the work;
4. the methods by which the work can be carried out;
5. the estimated duration of the work;
6. hazards and associated risks of:
  1. the method of work selected; and
  2. the equipment proposed to be used;
7. any potential hazard inside the confined space;
8. emergency response procedures;
9. the competency of persons needed to undertake the work.

9 When risk assessment ceases to be valid

Subclause 9(1) provides that a risk assessment ceases to be valid if evidence is available to the operator of the risk assessment does not address, or no longer addresses, risks posed by work in a confined space covered by the risk assessment.
Examples of evidence of when a risk assessment ceases to be valid include the installation or modification of plant, change in equipment operating conditions, a change in the atmosphere or occupational environment, a change in working arrangements or procedures, and an incident that affects, or could affect, the safety of persons.
Subclause 9(2) provides that an operator commits an offence if the operator fails to arrange for a competent person to review the risk assessment if that risk assessment ceases to be valid. A penalty of 10 penalty units applies.
Subclause 9(3) provides that an operator commits an offence if the operator fails to make necessary changes to address following the review of a risk assessment under Subclause 8(2). A penalty of 10 penalty units applies.
Subclause 9(4) provides that both offences are strict liability offences.

10 When an invalid risk assessment becomes valid again

Subclause 10 provides that a risk assessment report that is changed in accordance with subclause 9(3) is taken to be valid from the time the report is updated.

11 Atmospheric testing

Subclause 11(1) provides that an operator commits an offence if the operator fails to ensure that the atmosphere in and near a confined space is tested by a competent person. A penalty of 10 penalty units would apply.
Subclause 11(2) provides that an operator commits an offence if the operator fails to maintain a record of all atmospheric testing that is carried out in relation to a confined space.

12 Atmospheric monitoring

Clause 12 provides that an operator commits an offence if the operator fails to ensure that atmospheric monitoring near or in a confined space is being conducted in a manner consistent with the risk assessment report by a competent person. A penalty of 10 penalty units applies.

13 Safe atmosphere

Subclause 13(1) provides that an operator commits an offence if, before a person enters the confined space, the operator fails to ensure that the space is at normal atmospheric pressure, and the level of oxygen in the confined space is within the safe oxygen range, and airborne contaminants in the confined space are at a level below the relevant exposure standards, and the confined space is free from extremes of temperature, and the concentration of any flammable airborne contaminant is below 5% of its LEL. A penalty of 10 penalty units applies.
Subclause 13(2) provides that subclause (1) does not apply to an entry into a confined space for the purpose of responding to an emergency.

Subdivision 3—Risk control measures

14 Elimination or control of risk

Subclause 14(1) provides that an operator commits an offence if a risk assessment identifies a risk to health or safety arising from entry to or work in a confined space and the operator fails to eliminate the risk or, if it is not reasonably practicable to eliminate the risk, take measures to control the risk. A penalty of 10 penalty units applies.
Subclause 14(2) sets out the risk control measures that should be undertaken in the following order of priority:
1. elimination;
2. substitution;
3. isolation;
4. engineering controls;
5. administrative controls;
6. use of personal protective equipment.
Subclause 14(3) provides that an operator commits an offence if the operator fails to document the measures taken to address a risk identified in the risk assessment. A penalty of 10 penalty units applies. Subclause 13(4) provides that personal protective equipment should be used when all of the other risk measures have failed to adequately control the risk or in an emergency situation.
Subclause 14(5) provides that an operator commits an offence if the operator fails to ensure that the personal protective equipment is fitted to suit the individual where the equipment is needed for that individual. A penalty of 10 penalty units applies.

15 Using purging agent

Clause 15 provides that an operator commits an offence if the operator fails to ensure that gas used for ventilation purposes is not pure oxygen or a gas mixture with an oxygen content greater than 21% by volume. A penalty of 10 penalty units applies.

16 Gas used for ventilation purposes

Clause 16 provides that an operator commits an offence if the operator fails to ensure that gas used for ventilation purposes is not pure oxygen or a gas mixture with an oxygen content greater than 21% by volume. A penalty of 10 penalty units applies.

17 Isolating hazardous services

Subclause 17(1) provides that an operator commits an offence if the operator fails to ensure all potentially hazardous services including all process services normally connected to that space are positively isolated to prevent the introduction of materials, contaminants, agents or conditions harmful to persons in the confined space and the activation or energising of equipment or services which could pose a risk to the health or safety of persons within the confined space before a person enters or works in a confined space. A penalty of 10 penalty units applies.
Subclause 17(2) provides that for the definition of process services for this Clause, which includes hot water pipes, sewer pipes and gas pipes.

18 Flammable airborne contaminants

Subclause 18(1) provides that an operator commits an offence if the operator fails to ensure that the concentration of any flammable airborne contaminant is less than 5% of its LEL and the oxygen content of the atmosphere is no more than 23.5%. A penalty of 10 penalty units applies.
Subclause 18(2) provides that subclause (1) does not apply to entry into a confined space for the purpose of responding to an emergency.
Subclauses 18(3) and (4) establish a step-down of measures to be taken where the concentration of a flammable contaminant in the atmosphere of the confined space varies from the lower explosive limit. Subclause (3) provides that the operator commits an offence where the concentration of a flammable contaminant in the atmosphere of the confined space is found to be 5%, or greater than 5% and less than 10% of its LEL when persons who are working in a confined space if the operator fails to ensure that those persons are removed or that there is continuous monitoring with a suitably calibrated detector for the flammable contaminant in the confined space at all times when the persons are present. Subclause 18(4) provides that the operator commits and offence if the operator fails to ensure that those persons are removed when the concentration of a flammable contaminant in the atmosphere of the confined space is found to be 10% or greater of its LEL. A penalty of 10 penalty units applies to both offences.

19 Supplied-air respiratory equipment

Clause 19 provides another level in the step-downs. Where the oxygen content in the atmosphere in the confined space is 19.5% or less or the airborne contaminants in the confined space cannot be reduced to a level below the relevant exposure standards after all risk measures have been undertaken for the confined space, subclause 19(2) provides that the operator commits an offence if the operator fails to ensure that no one enters or works in the confined space unless that person is equipped with respiratory equipment that is maintained in a proper working condition and is fitted to suit the person. A penalty of 10 penalty units applies.

20 Stand-by person

Subclause 20(1) provides that an operator commits an offence if, where a risk assessment identifies a risk to health or safety from work in a confined space, the operator fails to ensure that at least one person, who is the standby person, is near the confined space when it is occupied for work. The operator must also ensure the stand-by person can:
1. if practicable, see each person in the confined space; and
2. be in continuous communication with each person in the confined space; and
3. communicate with the officer of the watch; and
4. operate and monitor equipment used to ensure safety during work in the confined space; and
5. initiate emergency response arrangements.
The previous version of this provision included a requirement that a competent person act as a stand‑by person. With the inclusion of a ‘competent person’ definition, this has not been included to provide greater drafting clarity.

21 Equipment to be provided

Subclause 21(1) provides that an operator commits an offence if the operator fails to provide the equipment identified in a permit to work in a confined space. A penalty of 10 penalty units applies.
Subclause 21(2) provides that an operator commits an offence if the operator fails to ensure that equipment provided for the entry of or work in a confined space is not accessible and not suitable for the work to be carried out.
Subclause 21(3) provides that strict liability applies.

22 Equipment—maintenance

Subclause 22(1) provides that an operator commits an offence if the operator fails to maintain equipment as fit for purpose when provided for or used in connection to work or entry into a confined space, or used during an emergency response. A penalty of 10 penalty units applies.
Subclause 22(2) requires an operator to keep a record of the maintenance of the equipment.

23 Emergency and first aid procedures

Subclause 23(1) provides that an operator commits an offence if the operator fails to ensure that emergency and first aid procedures appropriate to a confined space are in a written document available to all persons who may enter or work in the confined space. A penalty of 10 penalty units applies.
Subclause 23(2) provides that an operator commits an offence if the operator fails to ensure that a person who may enter or work in a confined space has practised the emergency procedures before the person has entered or begun work in the confined space. A penalty of 10 penalty units applies.
Subclause 23(3) provides that an operator commits an offence if the operator fails to provide relevant information to a person who will be involved in an emergency response in a confined space prior to their entering into the confined space. The relevant information is the nature of the emergency, the content of the permit to work in the confined space, and the hazards and risk identified in the risk assessment report for the confined space. A penalty of 10 penalty units applies.

Division 3—Permit to work

24 Permit to work

Except in the case of an emergency response, a permit to work must be issued by the operator before anyone enters or works in a confined space. Subclause 24(1) prescribes the requirements of a permit to work. For example, it must identify the location of the confined space, the person with direct control of work in or entry to the confined space, the work to be conducted in the space, the hazards in the confined space, necessary risk control measures, the persons required to enter the confined space, the period for which the permit is valid and the equipment required. If more than one stand-by person is required, the permit must also indicate how many stand-by persons are needed.
Subclause 24(2) requires an operator to keep a record of everyone who is permitted to enter or work a confined space and everyone who, in fact, enters and exits the confined space. A note advises the reader that the periods for which the permit to work and the record must be kept are specified in clause 31.

25 Operator’s duty—permit to work required for entry to or work in confined space

Subclause 25(1) provides that an operator commits an offence if the operator fails to ensure that no-one enters or works in a confined space unless there is a valid permit to work for the confined space. A penalty of 10 penalty units applies.
Subclause 25(2) provides that an operator commits an offence if the operator fails to ensure that no-one enters or works in a confined space unless that person is identified on a valid permit to work as a person who may work in the confined space. A penalty of 10 penalty units applies.
Subclause 25(3) provides that an operator commits an offence if the operator fails to ensure that a person is informed about the content of the permit to work before the person enters the confined space. A penalty of 10 penalty units applies.
Subclauses 25(1) and 25(3) do not apply where the entry into the confined space is for the purpose of corresponding to an emergency.

26 Employee’s duty—entry to or work in confined space

Subclause 26(1) provides that an employee commits an offence if the employee enters a confined space without being identified on a valid permit to work as a person who may enter in that confined space. A penalty of 10 penalty units applies.
Subclause 26(2) provides a similar offence where the employee works in a confined space without being identified on a valid permit to work as a person who may work in that confined space. A penalty of 10 penalty units applies.
Subclauses 26(3) and 26(4) provide that an employee commits an offence if the employee fails to carry out work in accordance with the employee’s training and in accordance with the requirements of the permit to work. A penalty of 10 penalty units applies to both offences.
Subclause 26(5) provides that an employee commits an offence if the employee fails to report to the operator any matter, including defects in equipment, that may affect the operator’s compliance with the provisions of this Schedule as soon as practicable after becoming aware of the matter. A penalty of 10 penalty units applies.
Subclause 26(6) provides that offences against subclauses (1), (2), (3) and (4) are strict liability offences.
Subclause 26(7) provides that entry into a confined space for the purpose of responding to an emergency is not an offence under subclauses 26(1), 26(2) or 26(4).

27 When a permit to work is valid

Subclause 27(1) provides that a permit to work will be valid if there is a valid risk assessment under clause 7 to which it relates.
Other than expiring or being withdrawn under clause 27, subclause 27(2) provides that a permit to work will also cease to be valid if there is a break in work continuity, the risk assessment to which it relates becomes invalid, or if there is a changed to the permitted work or in who has direct control of entry to or work in the confined space.
An invalid permit that has become so as a result of an invalid risk assessment will become valid again if the permit is changed as required by subclause 9(3), or if the risk assessment itself becomes valid again (subclause 27(3)).

28 Withdrawal of permit to work

Subclause 28(1) provides that an operator commits an offence if, before withdrawing a permit to work, the operator fails to ensure that work in the confined space has ceased and all persons have left the confined space. Failing to acknowledge these conditions in writing prior to withdrawing the permit is an offence under subclause 28(2). A penalty of 10 penalty units applies.

29 Effect of a permit ceasing to be valid

Subclause 29 provides that an operator commits an offence if, where a permit to work ceases to be valid, the operator fails to ensure that the confined space is evacuated and its entrance closed or secured to prevent re-entry until there is a valid permit for work in that space. A penalty of 10 penalty units applies.

Division 4—Training

30 Requirement for training

Clause 30 outlines the duties an operator has with the training requirements for all persons working in confined spaces and maintaining reports of that training.
Subclause 30(1) provides that an operator commits an offence if the operator fails to provide general training for confined spaces to all persons required to work in or on a prescribed ship or prescribed unit. The general training requirements are training on the nature of confined spaces, hazard identification and risk assessment procedures for confined spaces, the requirements of a permit to work and the role of a stand-by person. A penalty of 10 penalty units would apply.
Subclause 30(2) provides that an operator commits an offence if the operator fails to provide specific training for persons who might enter or work in a confined space or be responsible for direct control of work in a confined space. The specific training requirements are training on safety equipment, risk control measures and emergency response procedures. A penalty of 10 penalty units would apply.
Subclause 30(3) provides that an operator commits an offence if the operator fails to ensure the necessary role specific training has been provided for a person engaged in that specific role. These specific roles include hazard identification, risk assessment, atmospheric testing and monitoring, and the role of a stand-by person. A penalty of 10 penalty units would apply.
Subclause 30(4) specifies that an operator must keep a written record of the training provided. This record must include the name of the training course, the name of the persons who received the training and its date of attendance, and the competencies attained by the trained person. The written record must also provide details of the accreditation or registration of the accrediting body, or if the course was not provided by an registered or accredited body, an outline of the course content, its duration and the identities, qualifications and experience of the training providers. This provision would operate to support Division 5, which concerns the recording keeping duties of an operator.

Division 5—Records

31 Period for which records must be kept

Subclause 31(1) provides that an operator commits an offence if the operator fails to keep specified records for the periods stipulated in the table. A penalty of 10 penalty units applies.
Items 1 to 7 of the table at Subclause 31(2) specify the time periods for which particular records must be kept. For example, risks assessments must be kept for five years after the time they cease to be valid (item 1); permits to work must be kept for 30 days after the time they cease to be valid (item 5); and training records must be kept for five years after the end of the period of employment of the person who received the training (item 7).
A risk assessment may cease to be valid multiple times, if circumstances change and it no longer addresses the risks posed by the confined space it covers. Compliance with the record keeping requirement in subclause 31(1) would then involve keeping a copy of the risk assessment and associated documents from each time it ceases to be valid.
Subclause 31(2) provides that breach of subclause 31(1) is a strict liability offence.

32 Records must be available for inspection

Subclause 32(1) provides that an operator commits an offence if the operator fails to ensure that the records specified in subclause 31 are made available to an inspector upon request by the inspector. A penalty of 10 penalty units applies.
Inspectors are either AMSA staff appointed under section 84 of the Act or state or territory public servants who are permitted to exercise the powers of inspectors under section 106 of the Act. AMSA performs the OHS inspectorate function under the Seacare scheme. Among other things, inspectors can conduct investigations into possible contraventions of the Act or regulations.
Subclause 32(2) requires that an operator also ensure that the records specified in clause 31 are made available, upon request, to the employee to whom the record relates.

Schedule 4—Forms

This schedule sets out the forms for the purposes of section 12 of the Regulations. The forms reflect the same content as the forms in the two OHS(MI) regulations and reflect modern drafting standards.

Schedule 5—Repeals

This schedule provides for the repeal of the Occupational Health and Safety (Maritime Industry) Regulations 1995 and the Occupational Health and Safety (Maritime Industry) (National Standards) Regulations 2003.

Attachment B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Occupational Health and Safety (Maritime Industry) Regulations 2026

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in clause 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The Legislative Instrument to which this Human Rights Compatibility Statement relates is the Occupational Health and Safety (Maritime Industry) Regulations 2026 (Regulations) made under the Occupational Health and Safety (Maritime Industry) Act 1993 (The Act). These regulations replace the Occupational Health and Safety (Maritime Industry) Regulations 1995 (OHS(MI) Regulations) and the Occupational Health and Safety (Maritime Industry) (National Standards) Regulations 2003 (OHS(MI)(NS) Regulations) (together the two OHS(MI) regulations) which sunset on 1 April 2026.

These regulations remake the existing regulations with improvements to replace or remove out-of-date references to no longer existing documents, institutions or procedures and to reflect modern drafting standards.

The Act provides for work health and safety (WHS) protections for a defined Clause of the Australian maritime industry. The Regulations support Australia’s maritime jurisdiction by providing specific WHS obligations and standards. This includes prescribing forms and notices, dealing with procedural matters and ensuring compliance with national standards and expectations including the national ban on asbestos, the national standard for manual handling and the national standard relating to confined spaces.

The two OHS(MI) regulations are due to sunset on 1 April 2026. Remaking the two OHS(MI) regulations is necessary to ensure appropriate WHS coverage remains for the maritime industry whilst the Department of Employment and Workplace Relations (DEWR) engages in broader offshore WHS reform.

Human rights implications

The Occupational Health and Safety (Maritime Industry) Regulations 2026 provide work health and safety protection to employees in a designated part of the maritime industry. They engage and enhance protections in relation to asbestos as a dangerous substance, manual handling on board vessels and work related to confined spaces on board vessels as well as some matters of a procedural nature. The Regulations engage with the human right:

to just and favourable conditions of work under Articles 7 of the International Covenant on Economic, Social and Cultural Rights (ICESCR)

Right to just and favourable conditions of work

The Occupational Health and Safety (Maritime Industry) Regulations 2026 engage the right to safe and healthy working conditions which is part of the set of interdependent rights relating to work and conditions of work set out in articles 6, 7 and 8 of the International Convention on Economic Social and Cultural Rights (ICESCR). Article 7(b) of ICESCR provides that everyone has the right to the ‘enjoyment of just and favourable conditions of work.’

The protection of workers and other persons against harm to their health, safety and welfare through elimination of hazards and risks in the workplace is a fundamental aspect of the right to just and favourable conditions of work.

Conclusion

This Legislative Instrument is compatible with human rights because it promotes the right to safe and healthy working conditions by ensuring that appropriate WHS coverage remains for the maritime industry.

Administered by Department of Employment and Workplace Relations

Statement of Compatibility with Human Rights

Overview of the Legislative Instrument

Human rights implications

Conclusion

Interactions

Legislation content

Statement of Compatibility with Human Rights

Overview of the Legislative Instrument

Human rights implications

Conclusion

Interactions

Authorises

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