Occupational Health and Safety Regulations 2007 Version No. 001

Occupational Health and Safety Regulations 2007 Version No. 001
Version No. 001
Occupational Health and Safety Regulations
2007
S.R. No. 54/2007
Version as at 1 July 2007
TABLE OF PROVISIONS
Regulation
CHAPTER 1—PRELIMINARY
Page
1
PART 1.1—INTRODUCTORY MATTERS
1.1.1
1.1.2
1.1.3
1.1.4
1.1.5
1.1.6
1.1.7
1.1.8
1.1.9
1.1.10
1.1.11
Objectives
Authorising provisions
Commencement
Revocation of existing Regulations
Definitions
Determinations of Authority
Act compliance notes
Independent contractors
Health and safety representatives
Designers, manufacturers and suppliers
References to Parts
PART 1.2—INCORPORATED DOCUMENTS
1.2.1
1.2.2
1.2.3
1.2.4
Documents incorporated as in force from time to time
Publication date of amendments to certain incorporated
documents
Date of effect of amendments to incorporated documents
Inconsistencies between provisions
1
1
2
2
3
3
43
44
44
45
45
46
47
47
47
48
48
CHAPTER 2—GENERAL DUTIES AND ISSUE RESOLUTION
49
PART 2.1—GENERAL DUTIES
49
2.1.1
2.1.2
2.1.3
2.1.4
2.1.5
Proper installation, use and maintenance of risk control
measures
Provision of information, instruction and training
Medical examinations and health surveillance
Reports of health surveillance to be confidential
How to involve health and safety representatives in
consultation
i
49
49
50
50
51
Regulation
Page
PART 2.2—ISSUE RESOLUTION PROCEDURES
2.2.1
2.2.2
2.2.3
2.2.4
Application of Part
Parties to the resolution of issues
Procedure for reporting issues
Procedure for resolving issues
53
53
53
54
55
CHAPTER 3—PHYSICAL HAZARDS
57
PART 3.1—MANUAL HANDLING
57
3.1.1
3.1.2
3.1.3
Hazard identification
Control of risk
Review of risk control measures
57
57
59
PART 3.2—NOISE
62
Division 1—Duties of designers, manufacturers and suppliers of
plant
62
3.2.1
3.2.2
3.2.3
Designers
Manufacturers
Suppliers
62
62
63
Division 2—Duties of employers
3.2.4
3.2.5
3.2.6
3.2.7
3.2.8
3.2.9
3.2.10
3.2.11
3.2.12
3.2.13
3.2.14
63
Control of exposure to noise
Written record of risk control measures
Hearing protector signs and labels
Determination of exposure to noise
Record of determinations
Review of risk control measures
Acquisition of plant
Audiometric tests
Audiological examinations
Report of audiological examination
Test results and examination reports
63
65
66
66
67
68
69
69
70
70
70
PART 3.3—PREVENTION OF FALLS
72
Division 1—Introductory matters
72
3.3.1 Application of Part
3.3.2 Application to employers of emergency service employees
Division 2—Duties of employers
3.3.3
3.3.4
3.3.5
3.3.6
3.3.7
72
73
74
Hazard identification
Control of risk
Use of ladder as a control measure
Use of administrative control only
Use of plant to control risk
ii
74
74
76
77
78
Regulation
Page
3.3.8 Review of risk control measures
3.3.9 Emergency procedures
78
79
PART 3.4—CONFINED SPACES
81
Division 1—Introductory matters
81
3.4.1 Application to employers of emergency service employees
81
Division 2—Duties of designers, manufacturers and suppliers of
plant
81
3.4.2 Designers
3.4.3 Manufacturers
3.4.4 Suppliers
81
82
83
Division 3—Duties of employers
3.4.5
3.4.6
3.4.7
3.4.8
3.4.9
3.4.10
3.4.11
3.4.12
3.4.13
3.4.14
3.4.15
3.4.16
3.4.17
3.4.18
3.4.19
3.4.20
3.4.21
3.4.22
3.4.23
3.4.24
83
Application of Division
Hazard identification
Control of risk
Isolation of plant and services
Atmosphere
Fire or explosion
Flammable gases or vapours
Signs
Review of risk control measures
Confined space entry permit
Employer to retain entry permits
Communication and initiation of emergency procedures
Procedures to indicate entry into confined space
Procedures to ensure exit from confined space
Record of exit from confined space
Emergency procedures
Emergency procedures—personal protective equipment
Emergency procedures—entry and exit for rescue
Emergency procedures—maintenance of plant
Information, instruction and training
Division 4—Duties of self-employed persons
3.4.25
Self-employed person to have the same duties as an
employer
83
84
84
85
86
87
87
88
89
90
90
91
91
91
92
92
93
94
95
95
96
96
PART 3.5—PLANT
97
Division 1—Introductory matters
97
3.5.1 Application of Part
3.5.2 Hazard identification may be for classes of plant
iii
97
98
Regulation
Page
Division 2—Duties of designers of plant
3.5.3
3.5.4
3.5.5
3.5.6
3.5.7
3.5.8
3.5.9
3.5.10
3.5.11
Hazard identification
Guarding
Operator's controls
Operational stop controls and emergency stop devices
Warning devices
Provision of information to manufacturer
Hazard identified in design during manufacture
Records and information
Record of standards or engineering principles used
Division 3—Duties of manufacturers of plant
3.5.12
3.5.13
3.5.14
Control of risk
Information must be obtained and provided
Records and information
99
99
99
101
102
103
104
104
105
106
107
107
108
109
Division 4—Duties of suppliers of plant
110
Subdivision 1—General
110
3.5.15
3.5.16
3.5.17
3.5.18
Application of Subdivision
General duties
Information to be obtained and provided
Roll-over protection on tractors
110
110
110
112
Subdivision 2—Supplier who hires or leases plant
113
3.5.19
3.5.20
Inspection and maintenance
Records
113
113
Subdivision 3—Agents who sell plant
114
3.5.21
Information must be obtained and provided
114
Division 5—Duties of employers who use plant
114
Subdivision 1—Application of Division
114
3.5.22
Application of Division
114
Subdivision 2—Control of risk—generally
3.5.23
3.5.24
3.5.25
3.5.26
3.5.27
3.5.28
3.5.29
3.5.30
3.5.31
3.5.32
Hazard identification
Control of risk
Guarding
Operator's controls
Operational stop controls and emergency stop devices
Warning devices
Installation, etc. of plant
Use of plant
Record of inspections and maintenance
Plant not in use
iv
114
114
115
116
118
119
120
120
121
121
122
Regulation
Page
Subdivision 3—Control of risk in relation to specific plant
3.5.33
3.5.34
3.5.35
3.5.36
3.5.37
3.5.38
3.5.39
3.5.40
3.5.41
3.5.42
3.5.43
Subdivision not to limit regulations 3.5.24 to 3.5.32
Powered mobile plant
Warning devices on powered mobile plant
Roll-over protection on tractors
Industrial lift trucks
Warning devices on industrial lift trucks
Electrical plant and electrical hazards
Plant used to lift or suspend loads
Lifts
Notice of safe working load of lift
Scaffolds
Subdivision 4—Other duties
3.5.44
3.5.45
122
122
123
124
125
126
126
126
128
130
130
131
Review of risk control measures
Information, instruction and training
Division 6—Duties of self-employed persons
3.5.46
122
Self-employed person to have the same duties as employer
131
132
133
133
Division 7—Plant designs and items of plant to be registered
134
Subdivision 1—Registration of plant designs
134
3.5.47
3.5.48
3.5.49
Plant designs to be registered
Altered plant designs to be registered
Recognition of interstate designs
Subdivision 2—Registration of items of plant
3.5.50
3.5.51
Items of plant to be registered
Recognition of interstate registration
134
135
135
136
136
136
PART 3.6—HIGH RISK WORK
138
Division 1—Requirement to be licensed
138
3.6.1 Requirement to hold a licence
3.6.2 Employer must not use unlicensed employees to do high risk
work
3.6.3 Exceptions
3.6.4 Recognition of interstate licences
Division 2—Training
138
138
139
139
140
3.6.5 Person in training to be under direct supervision
3.6.6 Person conducting training must ensure supervision
v
140
141
Regulation
Page
Division 3—Assessments of competency
3.6.7
3.6.8
3.6.9
3.6.10
3.6.11
How to obtain an assessment of competency
Method of assessment
Process for re-assessment
Person may work while application is being processed
Authorisation to carry out assessments of competency
141
141
142
143
143
143
CHAPTER 4—HAZARDOUS SUBSTANCES AND MATERIALS
145
PART 4.1—HAZARDOUS SUBSTANCES
145
Division 1—Introductory matters
145
4.1.1
Application of Part
145
Division 2—Duties of manufacturers and suppliers
146
Subdivision 1—Introductory matters
146
4.1.2
4.1.3
Application of Division
Certain regulations not to apply
Subdivision 2—Determination of substances
4.1.4
Determination of hazardous substances
Subdivision 3—Material Safety Data Sheet
4.1.5
4.1.6
4.1.7
4.1.8
Preparation of an MSDS
What must an MSDS contain?
Review and revision of MSDS
Duty to provide current MSDS
Subdivision 4—Labels
4.1.9
4.1.10
4.1.11
4.1.12
146
146
147
147
147
147
148
150
150
151
Manufacturers and importing suppliers must label
containers
Recognition of other labelling systems
Supplier must ensure container is labelled
Disclosure of chemical name to registered medical
practitioner
151
152
154
154
Division 3—Duties of employers and self-employed persons
154
Subdivision 1—Prohibited hazardous substances
154
4.1.13
Prohibited hazardous substances
Subdivision 2—Duties of employer
4.1.14
4.1.15
4.1.16
4.1.17
154
155
Application of Subdivision
MSDS to be obtained
Currency of MSDS
MSDS must be readily accessible
vi
155
156
157
157
Regulation
4.1.18
4.1.19
4.1.20
4.1.21
4.1.22
4.1.23
4.1.24
4.1.25
4.1.26
4.1.27
4.1.28
4.1.29
4.1.30
4.1.31
4.1.32
Page
Information in MSDS must not be altered
Containers must be labelled
How long must a container be labelled?
Identification of hazardous substances in plant
Identification of containers of waste
Register of hazardous substances
Control of risk
Review of risk control measures
Exposure standard must not be exceeded
Atmospheric monitoring
Provision of results of atmospheric monitoring
Records of atmospheric monitoring
Health surveillance
Copy of report to Authority
Records of health surveillance
PART 4.2—SCHEDULED CARCINOGENIC SUBSTANCES
4.2.1
4.2.2
4.2.3
4.2.4
4.2.5
Application of Part
Supply of scheduled carcinogenic substances
Requirement to hold carcinogens licence
Records
Statement of work with scheduled carcinogenic substance
157
158
159
159
160
160
161
162
163
164
164
165
165
167
167
168
168
168
169
170
171
PART 4.3—ASBESTOS
172
Division 1—Introductory matters
172
4.3.1 Application of Part
172
Division 2—General requirements
172
4.3.2 Control risk of exposure—person who manages or controls
workplace
4.3.3 Control risk of exposure—employer or self-employed person
4.3.4 Determination of employee's exposure
4.3.5 Results of atmospheric monitoring to be available
4.3.6 Analysis by approved asbestos analyst
172
173
174
174
174
Division 3—Prohibitions under the Occupational Health and Safety
175
Act 2004
4.3.7 Asbestos removal work
4.3.8 Removal of contaminated protective clothing
4.3.9 Use of certain tools or instruments
175
175
176
Division 4—Prohibitions under the Dangerous Goods Act 1985
178
Subdivision 1—General
178
4.3.10
General exclusions
178
vii
Regulation
Page
Subdivision 2—Prohibitions
4.3.11
4.3.12
4.3.13
4.3.14
4.3.15
4.3.16
4.3.17
4.3.18
179
Manufacture of asbestos
Supply of asbestos
Storage of asbestos
Transport of asbestos
Sale of asbestos
Use of asbestos
Re-use, installation and replacement of asbestos
Exemptions for chrysotile
179
179
180
181
182
182
183
183
Division 5—Asbestos in workplaces
186
Subdivision 1—Application of Division
186
4.3.19
Application of Division
186
Subdivision 2—Duties of persons who manage or control
workplaces
4.3.20
4.3.21
4.3.22
4.3.23
4.3.24
4.3.25
4.3.26
Identification of asbestos
Asbestos register
Asbestos register to be kept current
Access to asbestos register
Provision of register by person relinquishing management
or control
Control of risk
Review of risk control measures
Subdivision 3—Duties of employer
4.3.27
4.3.28
4.3.29
4.3.30
4.3.31
4.3.32
4.3.33
Identification of asbestos
Information about risks to be given to person who
manages or controls workplace
Employer's asbestos register
Employer's asbestos register to be kept current
Access to employer's asbestos register
Control of risk
Review of risk control measures
Division 6—Demolition and refurbishment where asbestos is
present
4.3.34
4.3.35
4.3.36
4.3.37
4.3.38
4.3.39
4.3.40
Application of Division
Review of asbestos register
Review of employer's asbestos register
Copies of asbestos registers to be obtained
Determination of presence of asbestos
Identification and removal of asbestos before demolition
Identification and removal of asbestos before
refurbishment
viii
186
186
188
189
189
190
191
191
192
192
194
194
195
195
196
197
198
198
199
199
200
201
202
204
Regulation
4.3.41
4.3.42
4.3.43
Page
Requirements for asbestos removal work
Emergency procedures
Notice to Authority
204
205
207
Division 7—Removal of asbestos
207
Subdivision 1—General
207
4.3.44
Application of Division
207
Subdivision 2—Limited asbestos removal work
4.3.45
4.3.46
4.3.47
4.3.48
4.3.49
4.3.50
4.3.51
4.3.52
4.3.53
4.3.54
4.3.55
4.3.56
4.3.57
4.3.58
4.3.59
4.3.60
Limited asbestos removal work without licence permitted
Training record
Self-employed persons performing asbestos removal work
to have appropriate training
Asbestos register must be obtained
Provision of information about proposed asbestos removal
work
Protective clothing and protective equipment
Signs
Decontamination facilities and non removal of personal
protective clothing or equipment
Decontamination of equipment
Elimination of airborne asbestos fibres
Waste containment
Disposal of asbestos waste
Laundering of clothing contaminated with asbestos
Medical examinations
Notice of medical practitioner
Results of medical examinations
Subdivision 3—Licensed asbestos removal work
4.3.61
4.3.62
4.3.63
4.3.64
4.3.65
4.3.66
4.3.67
4.3.68
4.3.69
4.3.70
4.3.71
4.3.72
4.3.73
4.3.74
Person not to perform asbestos removal work unless
licensed
Appointment of asbestos removal supervisors
Asbestos removal supervisor to be accessible
Information to job applicants
Persons performing asbestos removal work to be trained
Training record to be made
Training record to be retained and made available
Asbestos register to be obtained
Asbestos control plan
Asbestos control plan to be made available and accessible
Elimination of airborne asbestos fibres
Requirements in respect of airborne asbestos fibres
Protective clothing and protective equipment for
employees
Signs and barricades
ix
208
208
208
209
209
210
211
211
211
212
212
213
213
214
215
216
216
217
217
217
218
218
219
219
219
220
220
221
221
222
223
223
Regulation
4.3.75
4.3.76
4.3.77
4.3.78
4.3.79
4.3.80
4.3.81
Page
Decontamination facilities
Waste containment
Disposal of asbestos waste
Laundering of clothing contaminated with asbestos
Medical examinations
Notice of medical practitioner
Results of medical examinations
Subdivision 4—Additional duties—friable material
4.3.82
4.3.83
4.3.84
4.3.85
4.3.86
4.3.87
4.3.88
Application of Subdivision
Asbestos removal supervisor to be on-site
Specific measures to control risk
Air monitoring required before commencement of removal
work
Results air monitoring to be readily accessible
Use of glove bags
Requirements at the end of removal work
Subdivision 5—Duties of person who commissioned asbestos
removal work
4.3.89
4.3.90
4.3.91
4.3.92
4.3.93
4.3.94
4.3.95
4.3.96
Application of Subdivision
Employers in immediate and adjacent areas to be informed
Asbestos paraoccupational air monitoring
Results of monitoring to be made available
Requirements at end of removal work
Results of monitoring to go to licence holder
Independent person to be qualified
Clearance certificates
Subdivision 6—Notification procedures
4.3.97
4.3.98
224
225
226
226
227
228
228
229
229
229
229
230
231
231
231
232
232
232
233
233
234
235
235
235
236
Notification of asbestos removal work
Notification in an unexpected situation
236
237
Subdivision 7—Duty of employer at a workplace to inform
238
4.3.99
Information to be provided to those in area
Division 8—Activities involving asbestos
4.3.100
4.3.101
4.3.102
4.3.103
4.3.104
4.3.105
4.3.106
4.3.107
4.3.108
4.3.109
Application of Division
Identification of asbestos-related activities
Uncertainty as to presence of asbestos
Asbestos register must be obtained
Elimination of airborne asbestos fibres
Specific measures to control risk
Review of risk control measures
Work area to be separate and signed
Work area to be kept clean
Medical examinations
x
238
238
238
239
240
240
241
241
242
243
244
244
Regulation
4.3.110
4.3.111
4.3.112
4.3.113
4.3.114
4.3.115
4.3.116
4.3.117
4.3.118
Page
Results of atmospheric monitoring to be made available
Notice of medical practitioner
Results of medical examination
Decontamination facilities
Waste containment
Disposal of asbestos waste
Laundering of clothing contaminated with asbestos
Provision of information to job applicants
Training record
245
246
246
247
247
248
248
249
249
PART 4.4—LEAD
251
Division 1—Introductory matters
251
4.4.1
4.4.2
4.4.3
4.4.4
4.4.5
Application of Part
What is a lead process?
Females taken to be of reproductive capacity
Authority may determine lead process
Medical examinations and biological monitoring
251
251
253
254
254
Division 2—Duties of employer
254
Subdivision 1—Provision of information
254
4.4.6 Information to job applicants
4.4.7 Information to employees
254
255
Subdivision 2—Control of risks associated with lead processes
4.4.8
4.4.9
4.4.10
4.4.11
4.4.12
4.4.13
4.4.14
4.4.15
4.4.16
Control of risk
Review of risk control measures
Lead exposure standard not to be exceeded
Provision of results of monitoring
Containment of lead
Cleaning methods
Prohibition on eating, drinking and smoking
Provision of changing and washing facilities
Laundering, disposal and removal of protective clothing
Subdivision 3—Lead-risk jobs
4.4.17
4.4.18
4.4.19
4.4.20
4.4.21
4.4.22
4.4.23
4.4.24
4.4.25
255
255
256
257
258
258
258
259
259
260
260
What is a lead-risk job?
Identification of lead-risk jobs
Notification and recording of a lead-risk job
Health surveillance before first starting lead-risk job
Health surveillance for jobs subsequently identified as
lead-risk job
Frequency of biological monitoring
Removal from lead-risk job
Medical examination if removed from lead-risk job
Return after medical removal
xi
260
261
262
263
263
264
266
267
267
Regulation
4.4.26
4.4.27
4.4.28
Page
Requirements for medical examinations
Information to go to Authority
Records
Division 3—Employee duties
4.4.29
268
270
271
271
Eating, drinking, smoking etc.
271
CHAPTER 5—HAZARDOUS INDUSTRIES
272
PART 5.1—CONSTRUCTION
272
Division 1—Introductory matters
272
5.1.1
5.1.2
5.1.3
5.1.4
5.1.5
5.1.6
Application of Part
What is construction work?
What is high risk construction work?
What is a structure?
What is a safe work method statement?
Self-employed person to have the same duties as an employer
272
272
274
275
276
276
Division 2—Control of risk
277
Subdivision 1—Duties of employers
277
5.1.7
5.1.8
5.1.9
5.1.10
5.1.11
5.1.12
Control of risk
Review of risk control measures
Safe work method statement required for high risk
construction work
Safe work method statement to be reviewed and revised
Copy of safe work method statement to be retained
Site-specific training
Subdivision 2—Duties of principal contractors
5.1.13
5.1.14
5.1.15
5.1.16
5.1.17
5.1.18
Application of Subdivision
Who is the principal contractor for a construction project?
Signage of principal contractor
Health and safety co-ordination plans
Content of health and safety co-ordination plans
Health and safety co-ordination plan available for
inspection
Division 3—Induction training for construction work
5.1.19
5.1.20
5.1.21
5.1.22
5.1.23
5.1.24
5.1.25
Application of Division
Construction induction training to be provided
Requirement to be registered
Employer must not allow unregistered employee to
perform construction work
Temporary exemption
Offence to refuse to accept construction induction card
Record
xii
277
278
279
280
281
281
281
281
281
282
282
283
283
284
284
285
286
286
286
287
288
Regulation
Page
Division 4—Notification of construction excavation work
5.1.26
5.1.27
Application of Division
Requirement to notify intention to perform construction
excavation work
288
288
289
PART 5.2—MAJOR HAZARD FACILITIES
291
Division 1—Introductory matters
291
5.2.1 Application of Part
5.2.2 Application of Divisions 3, 5 and 10
5.2.3 Schedule 9 materials
Division 2—General provisions
292
5.2.4 Authority may require information
Division 3—Safety duties of operators
5.2.5 Safety Management System
5.2.6 Identification of major incidents and major incident hazards
5.2.7 Safety Assessment
5.2.8 Control of risk
5.2.9 Emergency plan
5.2.10 Emergency plan must be tested
5.2.11 Emergency plan to be put into action in the event of a
major incident
5.2.12 Review by operator
5.2.13 Safety role for employees
Division 4—Safety Case
5.2.14
5.2.15
5.2.16
5.2.17
291
291
291
292
293
293
294
295
297
297
299
299
300
301
302
Operator to provide Safety Case
Content of Safety Case
Co-ordination of Safety Cases
Review of Safety Case
Division 5—Consulting, informing, instructing and training
Consultation with employees and health and safety
representatives
5.2.19 Information, instruction and training
5.2.20 Record of training
5.2.21 Further information and access to documents
5.2.22 Response to employee alert at major hazard facility
5.2.23 Information and instruction to non-employees at the
facility
5.2.24 Information to local community
5.2.25 Further information on request
302
303
305
305
306
5.2.18
xiii
306
307
308
308
308
309
309
311
Regulation
Page
Division 6—Duties of employees
312
5.2.26 General requirements
Division 7—Determination of major hazard facility
312
312
5.2.27
5.2.28
5.2.29
5.2.30
5.2.31
5.2.32
Operators of certain facilities to notify Authority
Content of notification
Authority may determine facility to be a major hazard
facility
Inquiry before making determination
Written notice of determination
Effect of determination
Division 8—Duties of operator of registered major hazard facility
5.2.33
Outline of Safety Case
Only licensed or registered major hazard facility to be
operated
Division 10—Controls under Dangerous Goods Act 1985—
Protection of property
5.2.35
5.2.36
5.2.37
313
314
315
315
316
316
Division 9—Requirement to be licensed or registered
5.2.34
312
313
Risk control measures
Property Protection Assessment
Review of Property Protection Assessment
318
318
318
318
318
319
PART 5.3—MINES
321
Division 1—Introductory matters
321
5.3.1
5.3.2
5.3.3
5.3.4
5.3.5
5.3.6
What is a mine?
What is a mining hazard?
What is a prescribed mine?
Determination that mine is a prescribed mine
Inquiry before making determination
Drugs and alcohol
321
322
323
323
323
324
Division 2—Safety duties of mine operators
324
Subdivision 1—Risk control in all mines
324
5.3.7 Identification of mining hazards and assessment of risk
5.3.8 Control of risk
5.3.9 Review by operator
Subdivision 2—Specific safety duties in all mines
5.3.10
5.3.11
5.3.12
5.3.13
Application of this Subdivision
Who may enter mine
Alcohol and drugs
Employee fatigue
xiv
324
325
326
327
327
327
328
329
Regulation
5.3.14
5.3.15
5.3.16
5.3.17
5.3.18
5.3.19
Page
Health surveillance
Report of health surveillance
Notice to Authority
Report provided on person ceasing work at mine
Communication in the event of an employee working
alone
Communication in respect of shift change-over
Subdivision 3—Additional duties in prescribed mines
5.3.20
5.3.21
5.3.22
5.3.23
5.3.24
5.3.25
5.3.26
5.3.27
5.3.28
5.3.29
5.3.30
5.3.31
5.3.32
5.3.33
5.3.34
5.3.35
5.3.36
5.3.37
Application of this Subdivision
Safety Management System
Review of Safety Management System
Safety Assessment of major mining hazards
Testing risk control measures for major mining hazards
Safety role for employees
Shafts and winding
Progress of mine workings
Emergency exit
Filling
Working environment
Ventilation system
Record of monitoring and testing
Prohibitions
Emergency plan
Self-rescue
Plan of mine
Plan of mine to be available for inspection
Division 3—Consultation and information
5.3.38
5.3.39
5.3.40
5.3.41
5.3.42
5.3.43
5.3.44
5.3.45
Consultation with employees and health and safety
representatives
Information about adoption of control measure
Information, instruction and training
Record of training
Further information and availability of documents in
respect of prescribed mines
Response to employee alert at prescribed mine
Information to visitors
Information to job applicants
Division 4—Duties of employees
5.3.46
5.3.47
329
330
331
332
332
332
333
333
333
334
335
336
337
338
340
341
341
341
342
343
344
344
346
346
347
348
348
348
349
350
350
350
351
351
352
General requirements
Major mining hazards in prescribed mines
xv
352
353
Regulation
Page
CHAPTER 6—LICENSING AND REGISTRATION
354
PART 6.1—LICENCES
354
Division 1—Applications
354
Subdivision 1—General provisions
354
6.1.1
6.1.2
6.1.3
6.1.4
6.1.5
6.1.6
6.1.7
6.1.8
Matters to be included in licence applications
Application fees
How licence applications are to be dealt with
Time for processing the application
Authority may request additional information
Procedure if the Authority proposes to refuse to grant a licence
Form of evidence of licence document
When licences start and end
Subdivision 2—Additional provisions in relation to high risk work
licences
6.1.9
6.1.10
Additional information to be included in licence
applications
Additional matters to be satisfied before a licence can be
granted
Subdivision 3—Additional provisions in relation to asbestos
removal licences
6.1.11
6.1.12
6.1.13
6.1.14
Restriction on who may apply for a licence
Scope of licence
Additional information to be included in licence
application
Additional matters to be satisfied before a licence can be
granted
Subdivision 4—Additional provisions in relation to carcinogens
licences
6.1.15
6.1.16
6.1.17
Restriction on who may apply for a licence
Additional information to be included in licence
applications
Fee to be paid before a licence can be granted
Subdivision 5—Additional provisions in relation to major hazard
facility licences
6.1.18
6.1.19
6.1.20
6.1.21
Restriction on who may apply for a licence
Time limit for applications in relation to a registered major
hazard facility
Additional information to be included in licence
applications
Additional matters to be satisfied before a licence can be
granted
xvi
354
355
356
358
358
360
361
362
362
362
363
365
365
365
365
367
368
368
368
369
370
370
370
370
370
Regulation
6.1.22
6.1.23
Page
Additional time limits on notifying applicants
Fee to be paid before a licence can be granted
371
372
Division 2—Other provisions concerning licences
373
Subdivision 1—General
373
6.1.24
6.1.25
6.1.26
6.1.27
6.1.28
6.1.29
Authority may impose terms and conditions on licences
Licence holder must comply with terms and conditions
Changes to information provided in a licence application
Licence holder to keep evidence of licence available
Replacement of lost, stolen or destroyed licence
documents
Nomination of additional asbestos removal supervisors
Subdivision 2—Additional provisions in relation to major hazard
facility licences
6.1.30
6.1.31
6.1.32
Transfer
Notification of licence details in the Government Gazette
Additional requirements concerning availability of copy of
licence
Division 3—Amendment of licences
6.1.33
6.1.34
6.1.35
Authority may amend a licence unilaterally
Authority may amend a licence at the request of the
licence holder
Evidence of licence document to be returned on request if
licence amended
Division 4—Renewal of licences
6.1.36
6.1.37
6.1.38
6.1.39
6.1.40
6.1.41
6.1.42
6.1.43
373
374
374
375
375
376
376
376
377
377
378
378
379
380
380
Application for the renewal of a licence (except a high risk
work licence)
Time in which licence continues to have effect
Application for the renewal of a high risk work licence
Transfer of authorising jurisdiction on renewal of high risk
work licence
Renewal fees for certain licences
Fee to be paid before carcinogens licence can be renewed
Additional information required for the renewal of a
major hazard facility licence
Fee to be paid before a major hazard facility licence can
be renewed
xvii
380
382
383
384
384
385
385
385
Regulation
Page
Division 5—Suspension and cancellation of licences
6.1.44
6.1.45
6.1.46
6.1.47
6.1.48
6.1.49
6.1.50
6.1.51
6.1.52
6.1.53
6.1.54
Grounds of suspension or cancellation
Matters that may be taken into account
Automatic suspension or cancellation of high risk work
licences
Process for suspending or cancelling a licence in all other
cases
Extension of date of suspension or cancellation if review
sought
Partial suspension or cancellation of a high risk work
licence
Flow on suspension or cancellation of some high risk
work licences
Authority may grant alternative asbestos removal licence
Inquiry into interstate high risk work licences
Request to suspend or cancel a licence
Evidence of licence document of suspended or cancelled
licence must be surrendered on demand
386
386
388
389
390
392
393
394
395
395
396
396
PART 6.2—REGISTRATION
397
Division 1—Application
397
6.2.1 Application of this Part
397
Division 2—Registration of plant designs
6.2.2
6.2.3
6.2.4
6.2.5
6.2.6
6.2.7
6.2.8
Application for registration of plant design
Information to be included in application
Duties of various people associated with design verification
Authority to notify applicant of deferral
Notice of registration
Registration to be of unlimited duration
Proof of registration of plant design must be shown if
requested
Division 3—Registration of plant
397
397
397
399
400
401
401
401
402
6.2.9 Application for registration or renewal of registration of plant
6.2.10 Information to be included in application
6.2.11 Authority to notify applicant of deferral
6.2.12 Notice of registration
6.2.13 Registration of plant expires after 5 years
6.2.14 Notice if registered plant or its ownership alters
xviii
402
402
403
404
404
405
Regulation
Page
Division 4—Registration to perform construction work
6.2.15
6.2.16
6.2.17
6.2.18
6.2.19
6.2.20
6.2.21
Application for registration to perform construction work
Authority may refuse to recognise or accept a construction
statement of attainment obtained by fraud
Construction induction card
Persons taken to be registered
Registration to be of unlimited duration
Destruction, loss and replacement of construction
induction cards
Lapse of registration and currency of construction
induction cards
Division 5—Registration of major hazard facilities
6.2.22
6.2.23
6.2.24
6.2.25
6.2.26
6.2.27
6.2.28
Eligibility to apply for registration to operate a major
hazard facility
Information to be included in application
Registration of major hazard facilities
Notice of registration
Registration expiry date
Variation of registration expiry date
Expiry of registration
Division 6—Withdrawal of registration
6.2.29
6.2.30
Authority may withdraw registration based on false or
misleading information
Authority may withdraw registrations on request
Division 7—General
6.2.31
6.2.32
405
406
406
407
407
407
408
408
408
409
410
411
411
412
413
414
414
415
415
Evidence of registration to be kept available
Changes to registration information provided
PART 6.3—REVIEW OF DECISIONS
6.3.1
6.3.2
6.3.3
6.3.4
6.3.5
6.3.6
405
What is a reviewable decision?
What is a process review?
Application for process review
Process for new decisions to be started within 7 days
Right of Tribunal review
Notices of decisions must contain a copy of review rights
xix
415
415
417
417
418
418
420
420
421
Regulation
Page
CHAPTER 7—ADMINISTRATIVE MATTERS AND
EXEMPTIONS
422
PART 7.1—ADMINISTRATIVE MATTERS
422
Division 1—Applications and notifications
422
7.1.1 Form and information to be supplied
7.1.2 Return of incomplete applications or notifications
7.1.3 Specific notifications
Division 2—Determinations
422
422
423
423
7.1.4 Authority must publish notice of determinations
7.1.5 Determination to be made available
Division 3—Notices
423
424
424
7.1.6 Means of giving written notice
424
Division 4—Submissions
425
7.1.7 Form of submissions to the Authority
Division 5—Entry permits for authorised representatives
425
425
7.1.8 Information to be included on entry permits
PART 7.2—EXEMPTIONS
425
427
7.2.1
7.2.2
7.2.3
7.2.4
Authority may grant exemptions from these Regulations
Exemptions in relation to high risk work
Who may apply for an exemption
Grounds on which an exemption (other than in relation to
high risk work) may be granted
7.2.5 Grounds on which an exemption in relation to high risk work
may be granted
7.2.6 Applications
7.2.7 Consultation
7.2.8 Conditions
7.2.9 Form and contents of exemptions
7.2.10 Notice of exemptions to be given to individual applicants
7.2.11 Notice of exemptions to be published
7.2.12 Additional obligation on the operator of a mine
7.2.13 Notice of refusal
7.2.14 Variation or revocation of exemption
7.2.15 Exemptions and variations not to have retrospective effect
7.2.16 Terms and conditions to be made available
7.2.17 Fee for considering exemption application
xx
427
428
428
428
430
431
431
432
433
434
434
435
435
435
436
436
436
Regulation
Page
CHAPTER 8—SAVING AND TRANSITIONAL PROVISIONS
438
PART 8.1—GENERAL TRANSITIONAL PROVISIONS
438
8.1.1 Commencement day
8.1.2 General transitional provisions
8.1.3 Plant
8.1.4 Hazardous substances—MSDS
8.1.5 Carcinogens licences and notifications
8.1.6 Asbestos
8.1.7 Transitional provision relating to principal contractors
8.1.8 Major hazard facilities
8.1.9 Exemptions
8.1.10 Determinations
8.1.11 References to Acts
PART 8.2—HIGH RISK WORK
438
438
438
439
439
440
441
442
443
443
444
445
8.2.1
8.2.2
8.2.3
8.2.4
8.2.5
Definitions
Previous exemptions cease to have effect
Certificates to continue to have effect
Phased expiry of certificates of competency
Certain certificates continue to have effect until licence
decision finally made
8.2.6 Assessor authorisations to continue to have effect
8.2.7 Only licences may be endorsed on or after 1 July 2007
8.2.8 Operation of self-erecting tower cranes
445
446
446
447
451
451
452
453
CHAPTER 9—CONSEQUENTIAL AMENDMENTS
454
PART 9.1—AMENDMENTS TO THE DANGEROUS GOODS
(EXPLOSIVES) REGULATIONS 2000
454
9.1.1 Definitions
9.1.2 Holders of major hazard facilities licences
9.1.3 Injury or property damage to be reported
PART 9.2—AMENDMENTS TO THE DANGEROUS GOODS
(STORAGE AND HANDLING) REGULATIONS 2000
9.2.1
9.2.2
9.2.3
9.2.4
Definitions
Exemptions—Major hazard facilities
Compliance with Occupational Health and Safety Regulations
Major hazard facilities to be licensed
__________________
xxi
454
454
455
456
456
456
456
457
Regulation
Page
SCHEDULES
458
SCHEDULE 1—Revocation of Regulations
458
SCHEDULE 2—Plant
460
Plant Designs and Items of Plant to be Registered
460
PART 1—PLANT REQUIRING REGISTRATION OF DESIGN
460
PART 2—ITEMS OF PLANT REQUIRING REGISTRATION
461
SCHEDULE 3—High Risk Work
463
Licence classes
463
PART 1—LICENCE CLASSES FOR SCAFFOLDING AND
RIGGING
463
1
2
3
4
5
6
7
8
Definitions
Basic scaffolding licence
Intermediate scaffolding licence
Advanced scaffolding licence
Dogging licence
Basic rigging licence
Intermediate rigging licence
Advanced rigging licence
PART 2—LICENCE CLASSES FOR CRANE, HOIST AND
FORK LIFT TRUCK OPERATION
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Definitions
Tower crane operation licence
Self-erecting tower crane operation licence
Derrick crane operation licence
Portal boom crane operation licence
Bridge and gantry crane operation licence
Vehicle loading crane operation licence
Non-slewing mobile crane operation licence
Slewing mobile crane operation licence (up to 20 tonnes)
Slewing mobile crane operation licence (up to 60 tonnes)
Slewing mobile crane operation licence (up to 100 tonnes)
Slewing mobile crane operation licence (open/over 100 tonnes)
Boom-type elevating work platform operation licence
Materials hoist (cantilever platform) operation licence
Hoist (personnel and materials) operation licence
Winder operation licence
Concrete placing boom operation licence
Fork-lift truck operation licence
Order-picking fork-lift truck operation licence
xxii
463
464
465
466
466
467
468
468
469
469
473
473
473
473
473
473
473
474
474
474
474
475
475
475
475
475
475
475
Regulation
Page
PART 3—LICENCE CLASSES FOR PRESSURE EQUIPMENT
OPERATION
28
29
30
31
32
33
Definitions
Basic boiler operation licence
Intermediate boiler operation licence
Advanced boiler operation licence
Turbine operation licence
Reciprocating steam engine operation licence
476
476
477
477
478
478
478
SCHEDULE 4—High Risk Work
479
Pressure Equipment For Which Licence is not Required
479
1
2
Definitions
Pressure equipment for which high risk work licence is not
required
479
479
SCHEDULE 5—Hazardous Substances
482
Substances Prohibited for Specified Uses
482
SCHEDULE 6—Asbestos
483
Categories of Asbestos-Containing Material Containing Chrysotile
Asbestos and their Uses
483
SCHEDULE 7—Asbestos
484
Information Required to be Included in an Asbestos Control Plan
484
SCHEDULE 8—Asbestos
486
Information Required to be Included in a Notification of Asbestos
Removal Work
486
SCHEDULE 9—Major Hazard Facilities
488
Materials at Major Hazard Facilities (and their Threshold
Quantity)
488
1
2
3
4
Definitions
Relevant materials
Threshold quantity of one material
Threshold quantity of more than one material
488
488
488
489
SCHEDULE 10—Major Hazard Facilities
496
Additional Matters to be Included in Safety Management System
496
1
2
3
4
Safety policy and safety objectives
Organisation and personnel
Operational controls
Duties of operators
xxiii
496
496
497
497
Regulation
5
6
7
8
Page
Management of change
Principles and standards
Performance monitoring
Audit
497
498
498
499
SCHEDULE 11—Major Hazard Facilities
500
Matters to be Included in Emergency Plan
500
1
2
3
4
5
Site and hazard detail
Command structure and site personnel
Notifications
Resources
Procedures
500
501
502
502
502
SCHEDULE 12—Major Hazard Facilities
504
Additional Matters to be Included in Safety Case
504
A
1
2
B
3
4
5
6
7
8
FACILITY DESCRIPTION
The facility
The surrounding area
SAFETY INFORMATION
Risk control measures to limit the consequences of major
incidents
Performance Monitoring
Safety Management System
Unauthorised persons and control of access
Safety and reliability of plant
Major incident history
SCHEDULE 13—Entry Permit Statement
504
504
505
506
506
507
507
508
508
508
509
═══════════════
ENDNOTES
511
1. General Information
511
2. Table of Amendments
512
3. Explanatory Details
513
xxiv
Version No. 001
Occupational Health and Safety Regulations
2007
S.R. No. 54/2007
Version as at 1 July 2007
CHAPTER 1—PRELIMINARY
PART 1.1—INTRODUCTORY MATTERS
1.1.1 Objectives
The objectives of these Regulations are—
(a) to further the objects of the Occupational
Health and Safety Act 2004 by—
(i) providing for health and safety in
relation to workplaces and hazards,
activities and things at workplaces; and
(ii) providing for the safe operation of
major hazard facilities and mines in
order to reduce the likelihood of a
serious incident occurring; and
(iii) providing for the registration of certain
people engaged in construction work at
workplaces; and
(iv) providing for the licensing of certain
people engaged in high risk work at
workplaces; and
(v) providing procedures for the resolution
of health and safety issues at
workplaces; and
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Part 1.1—Introductory Matters
r. 1.1.2
(vi) specifying the information to be
included in entry permits issued under
Part 8 of the Act; and
(vii) providing for other matters that are
required or permitted by the Act or that
are necessary to give effect to the Act;
and
(b) to further the objects of the Dangerous
Goods Act 1985 by—
(i) prohibiting the use of asbestos; and
(ii) providing for the protection of property
from damage from the use of dangerous
goods at major hazard facilities.
1.1.2 Authorising provisions
(1) This Chapter, Division 1 of Part 4.3, Division 1 of
Part 5.2 and Chapter 7 are made under section 158
of the Occupational Health and Safety Act 2004
and section 52 of the Dangerous Goods Act
1985.
(2) The remaining provisions of these Regulations
(except Division 4 of Part 4.3 and Division 10 of
Part 5.2 and Chapter 9) are made under
section 158 of the Occupational Health and
Safety Act 2004.
(3) Division 4 of Part 4.3, Division 10 of Part 5.2 and
Chapter 9 are made under section 52 of the
Dangerous Goods Act 1985.
1.1.3 Commencement
(1) These Regulations (except regulation 6.1.9(b)(i),
Part 5.1 and Division 4 of Part 6.2) come into
operation on 1 July 2007.
(2) Division 4 of Part 6.2 (except regulations 6.2.18
and 6.2.21) comes into operation on 1 January
2008.
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S.R. No. 54/2007
Part 1.1—Introductory Matters
r. 1.1.4
(3) Part 5.1 and regulations 6.1.9(b)(i), 6.2.18 and
6.2.21 come into operation on 1 July 2008.
1.1.4 Revocation of existing Regulations
(1) The Regulations set out in Schedule 1 are
revoked.
(2) The Regulations continued by sections 173(2) and
174(2) of the Occupational Health and Safety
Act 2004 are revoked.
1.1.5 Definitions
In these Regulations—
A-weighted means a measure using a filter
designed to reflect the response of the human
ear at low sound pressure levels;
abseiling equipment means equipment used to
manually lower or raise a person in a harness
or seat, supported by one or more fibre ropes
and includes the equipment used to anchor or
haul the rope or ropes while abseiling;
Act compliance provision means a provision of a
kind referred to in regulation 1.1.7;
ADG Code has the same meaning as it has in the
Dangerous Goods Act 1985;
administrative control means a system of work or
a work procedure that is designed to
eliminate or reduce a risk, but does not
include—
(a) a physical control; or
(b) the use of personal protective
equipment;
air-supplied respiratory protective equipment
means a device that supplies air to the wearer
from a source other than the ambient
atmosphere;
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Part 1.1—Introductory Matters
r. 1.1.5
alter, in relation to plant, means to change the
design of, add to, or take away from the plant
in such a way that may affect health or
safety, but does not include routine
maintenance, repairs or replacements;
amusement structure means powered equipment
operated for hire or reward that provides
entertainment or amusement through
movement of the equipment, or part of the
equipment, or when passengers travel on,
around or along the equipment;
approved asbestos analyst means an analyst
approved—
(a) by NATA to perform asbestos fibre
counting or to identify asbestos in
samples, and to issue findings as
endorsed reports under the authority of
a NATA accredited laboratory; or
(b) by some other scheme determined by
the Authority under regulation 1.1.6;
Approved Criteria for Classifying Hazardous
Substances means the Approved Criteria for
Classifying Hazardous Substances (Third
Edition) declared by the National
Occupational Health and Safety Commission
in 2004;
AS 2030—Gas Cylinders means—
(a) AS 2030.1 The verification, filling,
inspection, testing and maintenance of
cylinders for storage and transport of
compressed gases, Part 1: Cylinders for
compressed gases other than acetylene;
and
4
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S.R. No. 54/2007
Part 1.1—Introductory Matters
r. 1.1.5
(b) AS 2030.2 The verification, filling,
inspection, testing and maintenance of
cylinders for storage and transport of
compressed gases, Part 2: Cylinders for
dissolved acetylene; and
(c) AS 2030.4 The verification, filling,
inspection, testing and maintenance of
cylinders for storage and transport of
compressed gases, Part 4: Welded
cylinders—Insulated;
asbestos means—
(a) the fibrous form of the mineral silicates
belonging to any one or a combination
of the serpentine and amphibole groups
of rock-forming minerals, including
actinolite, amosite (brown asbestos),
anthophyllite, crocidolite (blue
asbestos), chrysotile (white asbestos) or
tremolite; or
(b) any material or object, whether natural
or manufactured, that contains one or
more of the mineral silicates referred to
in paragraph (a);
asbestos exposure standard means 0·1 f/ml of air
measured in a person's breathing zone and
expressed as a time weighted average fibre
concentration of asbestos calculated over an
8 hour working day and measured over a
minimum period of 4 hours in accordance
with—
(a) the Membrane Filter Method; or
(b) a method determined by the Authority
under regulation 1.1.6;
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Part 1.1—Introductory Matters
r. 1.1.5
asbestos licence holder means an employer or
self-employed person who is the holder of an
asbestos removal licence issued under
Part 6.1 (Licences);
asbestos occupational health and safety
management system means an occupational
health and safety management system that
is—
(a) related to asbestos removal work; and
(b) accredited or approved by JAS-ANZ or
determined by the Authority under
regulation 1.1.6;
asbestos paraoccupational air monitoring means
air sampling to estimate the airborne
asbestos fibre concentration in the
occupational environment, taken at fixed
locations, usually between 1 and 2 metres
above floor level, in accordance with—
(a) the Membrane Filter Method; or
(b) a method determined by the Authority
under regulation 1.1.6;
asbestos register means the asbestos register kept
under regulation 4.3.21 as revised in
accordance with Part 4.3 (Asbestos);
asbestos removal licence means—
(a) a Class A asbestos removal licence; or
(b) a Class B asbestos removal licence;
asbestos removal supervisor means a person who
is appointed by an asbestos licence holder to
oversee asbestos removal work in
accordance with regulation 4.3.62;
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asbestos removal work, means the removal of
asbestos that is fixed or installed in a
building, structure, ship or plant so that the
asbestos is no longer fixed or installed in that
building, structure, ship or plant, up to the
point of containment;
asbestos waste means asbestos removed and
disposable items used during asbestos
removal work or asbestos-related activities
under Division 8 of Part 4.3 (Asbestos),
including plastic sheeting and disposable
personal protective clothing and disposable
protective equipment including tools;
asbestos-containing material means any
manufactured material or object that, as part
of its design, contains one or more of the
mineral silicates referred to in paragraph (a)
of the definition of asbestos (other than plant
in which asbestos is fixed or installed);
assessment of competency means an assessment
under Division 3 of Part 3.6;
atmospheric monitoring means a procedure
whereby air is sampled within the breathing
zone of a person to evaluate the person's
exposure to airborne contaminants;
audiological examination means the testing and
examination of a person's ear and hearing
threshold for the purpose of establishing the
type and cause of any hearing disorder;
audiometric test means the measurement of a
person's air conduction hearing threshold
levels by means of an electro-acoustic
instrument (audiometer), equipped with
earphones, that provides pure tones of
specified discrete frequencies at known
hearing levels;
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Australian Qualifications Framework has the
same meaning as AQF has in the Education
and Training Reform Act 2006;
Australian Safety and Compensation Council
means the Australian Safety and
Compensation Council as defined in
section 3 of the Australian Workplace Safety
Standards Act 2005 of the Commonwealth;
Note
The Australian Safety and Compensation Council
succeeded the National Occupational Health and
Safety Commission in February 2005.
biological monitoring means the measurement
and evaluation of a substance, or its
metabolites, in the body tissue, fluids or
exhaled air of a person exposed to that
substance;
blood lead level means the concentration of lead
in the whole blood expressed in micromoles
per litre (µmol/L);
boiler means a boiler as defined in AS/NZS 1200
Pressure equipment with a hazard level A, B,
C or D as determined by AS 4343 Pressure
equipment—Hazard levels;
boom-type elevating work platform means a
telescoping device, hinged device, or
articulated device or combination of those
devices used to support, elevate and position
personnel, equipment or materials by means
of a platform, but does not include an
industrial lift truck;
breathing zone means a hemisphere of
300 millimetres radius extending in front of a
person's face measured from the mid-point of
an imaginary straight line joining the ears;
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bridge crane means a crane that—
(a) consists of a bridge beam or beams, that
are mounted to end carriages at each
end; and
(b) is capable of travelling along elevated
runways; and
(c) has one or more hoisting mechanisms;
building maintenance equipment means a
suspended platform, including a building
maintenance unit or a swing stage, that
incorporates permanently installed overhead
supports to provide access to the faces of a
building for maintenance, but does not
include a suspended scaffold;
building maintenance unit means a power
operated appliance with a suspended
platform, permanently installed or intended
to be permanently installed on a building and
specifically designed to provide access to the
faces of the building for a person working
from the platform;
C-weighted means a measure using a filter
designed to reflect the response of the human
ear at high sound pressure levels;
carcinogens licence means—
(a) a licence to use a Schedule 1
carcinogenic substance at a laboratory;
or
(b) a licence to use a Schedule 2
carcinogenic substance at a laboratory;
or
(c) a licence to use a Schedule 2
carcinogenic substance at a workplace
other than a laboratory;
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chemical name, in relation to a substance, means
its scientific or technical name;
chrysotile-containing material means asbestoscontaining material that contains chrysotile
asbestos;
Class A asbestos removal licence means a licence
that permits the holder to remove asbestos of
any kind as specified in the licence;
Class B asbestos removal licence means a licence
that allows the holder to remove non-friable
asbestos-containing material as specified in
the licence;
competency standard means—
(a) in respect of winder operations, a
competency standard for winder
operations determined by the Authority
under regulation 1.1.6;
(b) in any other case, a competency
standard that is endorsed for the
purposes of the National Standard for
Licensing Persons Performing High
Risk Work published by the Australian
Safety and Compensation Council in
April 2006;
concrete placing unit (truck-mounted with boom)
means plant used to place concrete by way of
pumping concrete through a pipeline
attached to or forming part of a boom and
capable of travelling over a supporting
surface without the need for fixed runways;
confined space means a space in any vat, tank,
pit, pipe, duct, flue, oven, chimney, silo,
reaction vessel, container, receptacle,
underground sewer or well, or any shaft,
trench or tunnel or other similar enclosed or
partially enclosed structure, if the space—
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(a) is, or is intended to be, or is likely to
be, entered by any person; and
(b) has a limited or restricted means for
entry or exit that makes it physically
difficult for a person to enter or exit the
space; and
(c) is, or is intended to be, at normal
atmospheric pressure while any person
is in the space; and
(d) contains, or is intended to contain, or is
likely to contain—
(i) an atmosphere that has a harmful
level of any contaminant; or
(ii) an atmosphere that does not have
a safe oxygen level; or
(iii) any stored substance, except
liquids, that could cause
engulfment—
but does not include a shaft, trench or tunnel
that is a mine or is part of the workings of a
mine;
confined space entry permit means a confined
space entry permit issued by an employer in
accordance with regulation 3.4.14;
construction excavation, in Part 5.1
(Construction), means―
(a) a trench if the excavated depth is more
than 1⋅5 metres;
(b) a shaft if the excavated depth is more
than 2 metres;
(c) a tunnel;
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Construction Industry Basic Induction training
course means the Construction Industry
Basic Induction training course conducted
under the auspices of the tripartite industry
forum, Foundations for Safety Construction
Industry Training Agreement commencing
1 February 2001;
construction induction training means a unit of
competency of general occupational health
and safety induction training to the
construction industry endorsed or accredited
under the Australian Qualifications
Framework;
construction project means a project involving
construction work and includes preparation
and planning of the proposed construction
work;
construction RTO means an RTO whose
registration allows delivery of—
(a) construction induction training; or
(b) the Construction Industry Basic
Induction training course;
construction statement of attainment means a
certification issued by a construction RTO
stating that the person to whom it is issued
has completed—
(a) construction induction training; or
(b) the Construction Industry Basic
Induction training course—
but does not include a certification issued by
a construction RTO, or an RTO in a class of
construction RTOs, determined by the
Authority under regulation 1.1.6, if the
certification is issued after the determination
takes effect;
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construction work has the meaning given by
regulation 5.1.2;
consumer package means a package that is
intended for retail display and sale;
container, in Part 4.1 (Hazardous Substances),
means anything in or by which a hazardous
substance is or has been wholly or partly
encased, covered, enclosed, contained or
packed (whether empty, partially full or full)
but does not include—
(a) the fuel tank of a vehicle; or
(b) a tank or bulk container within the
meaning of the ADG Code;
contaminant means any substance that may be
harmful to health or safety;
conveyor means equipment by which loads are
raised, lowered or transported or capable of
being raised, lowered, transported, or
continuously driven, by—
(a) an endless belt, rope or chain or other
similar means; or
(b) buckets, trays or other containers or
fittings moved by an endless belt, rope,
chain or similar means; or
(c) a rotating screw; or
(d) a vibration or walking beam; or
(e) a powered roller conveyor if the rollers
are driven by an endless belt, rope or
chain or other similar means—
and includes the super structure, gear and
auxiliary equipment used in connection with
that equipment;
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Country Fire Authority has the same meaning as
Authority has in the Country Fire
Authority Act 1958;
crane means an appliance intended for raising or
lowering a load and moving it horizontally
and includes the supporting structure of the
crane and its foundations, but does not
include an industrial lift truck, earthmoving
machinery, an amusement structure, a
tractor, an industrial robot, a conveyor,
building maintenance equipment, a
suspended scaffold or a lift;
current MSDS, in relation to a hazardous
substance, means the Material Safety Data
Sheet prepared for that substance by the
manufacturer or importing supplier of the
substance under regulation 4.1.5(1) or
equivalent legislation, and if the Material
Safety Data Sheet has been revised by the
manufacturer or importing supplier of the
substance, the Material Safety Data Sheet as
revised;
dangerous goods means dangerous goods within
the meaning of the Dangerous Goods Act
1985;
decommissioning, in relation to plant, includes
performing necessary adjustments, tests and
inspections before the plant ceases operation
and during the process of ceasing operation;
demolition, in Part 5.1 (Construction), means the
complete or partial dismantling of a structure
by planned and controlled methods or
procedures;
domestic premises means domestic premises used
solely for domestic purposes;
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earthmoving machinery means plant used to
excavate, load, transport, compact or spread
earth, overburden, rubble, spoil, aggregate or
similar material, but does not include a
tractor or industrial lift truck or a vehicle
designed to be used primarily as a means of
transport on public roads;
emergency procedures, in Part 3.4 (Confined
Spaces), means the procedures established
by an employer under regulation 3.4.20;
emergency service means—
(a) the Country Fire Authority; or
(b) the Metropolitan Fire and Emergency
Services Board; or
(c) the Metropolitan Ambulance Service;
or
(d) Rural Ambulance Victoria; or
(e) the Victoria State Emergency Service
Authority; or
(f) Victoria Police;
emergency service employee means—
(a) an officer or member of a metropolitan
fire brigade; or
(b) an officer or member of an urban fire
brigade or rural fire brigade within the
meaning of the Country Fire
Authority Act 1958; or
(c) an employee of the Metropolitan
Ambulance Service; or
(d) an employee of Rural Ambulance
Victoria; or
(e) a member of the Victoria State
Emergency Service; or
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(f) an officer or other member of Victoria
Police—
but does not include a volunteer;
Note
Section 23 of the Act requires the employer to ensure,
so far as is reasonably practicable, that persons, other
than employees of the employer, are not exposed to
risks to their health or safety. This includes
volunteers.
emergency work, in Part 5.1 (Construction),
means work that is required to be
immediately undertaken to rectify an
unexpected breakdown of an essential
service (including gas, water, sewerage,
electricity and telecommunications) to
enable continuance of that service;
employer's asbestos register means the employer's
asbestos register kept under regulation 4.3.29
as revised in accordance with Part 4.3
(Asbestos);
engineering control means a physical control of
any kind that is designed to eliminate or
reduce a risk, but does not include—
(a) a system of work or procedure; or
(b) the use of personal protective
equipment;
equivalent legislation means legislation of
another State or Territory or the
Commonwealth relating to the use of
hazardous substances at a workplace;
evidence of licence document, in relation to a
licence, means the document given to the
licence holder by the Authority under
regulation 6.1.7, and includes any
replacement document issued under Part 6.1
(Licences);
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explosive-powered tool means an implement used
to drive fasteners (including nails, bolts and
screws) against, into or through material by
means of explosive charges, and includes
every attachment to and accessory of that
implement but does not include a firearm
within the meaning of the Firearms
Act 1996;
exposure standard means an airborne
concentration of a particular substance in a
person's breathing zone, as set out in the
HSIS;
facility means any building or other structure on
land—
(a) that is a workplace; and
(b) at which Schedule 9 materials are
present or likely to be present for any
purpose;
fall, in Part 3.3 (Prevention of Falls), means a
person's involuntary fall of more than
2 metres;
fall arrest system means equipment or material or
a combination of equipment and material
that is designed to arrest the fall of a person;
Example
Industrial safety net, catch platform or safety harness
system (other than a travel restraint system).
fatigue, in relation to an employee at a mine,
means an acute or ongoing state of tiredness
that exposes the employee or any other
person at the mine to a risk to health or
safety;
friable means, when dry—
(a) may be crumbled, pulverised or
reduced to powder by hand pressure; or
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(b) as a result of a work process becomes
such that it may be crumbled,
pulverised or reduced to powder by
hand pressure;
f/ml means fibres per millilitre;
gantry crane means a crane that—
(a) consists of a bridge beam or beams that
are supported at one or both ends by
legs mounted to end carriages; and
(b) is capable of travelling along runways;
and
(c) has one or more hoisting mechanisms;
gas cylinder means a rigid vessel not exceeding
3000 litres water capacity and without
openings or integral attachments on the shell
other than at the ends, designed for the
storage and transport of gas under pressure
and to which AS 2030—Gas Cylinders
applies;
Note
See the definition of AS 2030—Gas Cylinders which
encompasses AS 2030.1, AS 2030.2 and AS 2030.4.
generic name, in relation to a substance, means a
name that describes the category or group of
chemicals to which the substance belongs;
glove bag means a single-use bag constructed
from transparent, heavy duty polyethylene
with built-in arms and access ports;
hazardous manual handling means—
(a) manual handling having any of the
following characteristics—
(i) repetitive or sustained application
of force;
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(ii) repetitive or sustained awkward
posture;
(iii) repetitive or sustained movement;
(iv) application of high force being an
activity involving a single or
repetitive use of force that it
would be reasonable to expect that
a person in the workforce may
have difficulty undertaking;
Example
The force required to lift or otherwise
handle heavy weights, to push or pull
objects that are hard to move, to operate
tools that require the use of 2 hands to
exert sufficient force but that are
designed for one hand or to operate tools
that require squeezing of grips that are
wide apart.
(v) exposure to sustained vibration;
(b) manual handling of live persons or
animals;
(c) manual handling of unstable or
unbalanced loads or loads that are
difficult to grasp or hold;
hazardous substance means a substance that—
(a) is listed on the HSIS and the
concentration of the substance or its
ingredients equals or exceeds the
concentration cut-off levels listed on
the HSIS that relate to health effects; or
(b) meets the criteria for a hazardous
substance set out in the Approved
Criteria for Classifying Hazardous
Substances;
Hazchem Code has the same meaning as in the
ADG Code;
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health surveillance means health monitoring,
which may include audiometric testing,
medical examinations (including
audiological examinations) and biological
monitoring;
hearing protector means a device that is designed
for the purpose of protecting a person's
hearing and that—
(a) is inserted into the ear canal; or
(b) covers the ear canal entrance; or
(c) covers the entire ear;
HEPA filter means a high efficiency particulate
air filter that is a disposable, extended media,
dry type filter, in a rigid frame, with a
minimum filtration efficiency of 99·97%
filtration for nominal 0·3 micrometres (µm)
diameter thermally generated
dioctylphthalata particles or an equivalent
efficiency for a specified alternative aerosol
and with an initial maximum resistance to
airflow of 250 pascals when tested at its
rated airflow capacity;
high risk construction work has the meaning
given by regulation 5.1.3;
high risk work means any work set out in
Schedule 3 as being within the scope of a
high risk work licence;
high risk work licence means any of the licences
listed in Schedule 3;
hire, in Part 3.5 (Plant), does not include hire
under a hire-purchase agreement or hirepurchase contract;
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hoist means an appliance intended for raising or
lowering a load or people, and includes a
mast climbing work platform, personnel and
materials hoist, scaffolding hoist and serial
hoist but does not include a lift or building
maintenance equipment;
HSIS means the Hazardous Substances
Information System published by the
Australian Safety and Compensation Council
on its Internet site;
importing supplier, in relation to a substance,
means a person who first supplies or intends
to first supply the substance in Victoria for
use at a workplace but does not include—
(a) a person who manufactures the
substance in Victoria; or
(b) a wholesaler or retailer who has been
supplied with that substance by another
supplier in Victoria; or
(c) a retail warehouse operator;
independent person, in Part 4.3 (Asbestos), means
a person who is independent from the
asbestos licence holder and from the person
who commissioned the work;
industrial lift truck means a powered appliance
comprising a mast with an elevating carriage
to which a pair of fork arms or other load
holding attachment is attached and
includes—
(a) a truck on which the operator is raised
with the attachment for order-picking;
and
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(b) a truck where the frame and lift unit
straddle, raise, lower, move or stack the
load—
but does not include a crane or earthmoving
machinery;
industrial robot means plant that is a
multifunctional manipulator and its
controllers, capable of handling materials,
parts or tools, or specialised devices, through
variable programmed motions for the
performance of a variety of tasks;
industrial rope access system means a system
designed for the purpose of performing work
on a building or structure by a person and
consists of—
(a) equipment that enables a person to
manually raise or lower himself or
herself in a harness or seat supported by
one or more fibre ropes; and
(b) equipment used to anchor the ropes;
ingredient means any component of a substance
(including impurities);
JAS-ANZ means the Joint Accreditation System
of Australia and New Zealand;
laboratory means a building, room or designated
area where a scheduled carcinogenic
substance is used for—
(a) scientific analysis or investigation; or
(b) research; or
(c) practical teaching;
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laser means plant that produces a beam of
electromagnetic radiation in the wavelength
range from 100 nanometres to 1 millimetre
and that is used for cutting, alignment,
scanning or measurement, but does not
include plant that produces light beams at
these wavelengths for the primary purpose of
illumination;
lead means lead metal, lead alloys or inorganic
lead compounds (including lead salts of
organic acids);
lead exposure standard means the maximum
airborne concentration of lead dust, lead mist
or lead fumes referred to in regulation
4.4.10(1);
lead process has the meaning given by
regulation 4.4.2;
lead-risk job has the meaning given by
regulation 4.4.17;
licence means—
(a) a high risk work licence; or
(b) an asbestos removal licence; or
(c) a carcinogens licence; or
(d) a major hazard facility licence;
licence assessor means a person—
(a) who is authorised under
regulation 8.2.6 to carry out one
or more types of assessment of
competency; or
(b) who is authorised by the Authority
under regulation 3.6.11 to carry out
assessments of competency in respect
of one or more classes of high risk
work;
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licence holder, in relation to a major hazard
facility licence, means—
(a) the person who was granted the licence,
unless that person has transferred the
licence; or
(b) if the licence has been transferred, the
last person to whom the licence was
transferred;
lift means permanent plant or plant intended to be
permanently installed in or attached to a
building or structure in which people, goods
or materials may be raised or lowered within
a car or cage, or on a platform and the
movement of which is restricted by a guide
or guides and includes an escalator, moving
walk and stairway lift;
local community, in relation to a major hazard
facility, means—
(a) persons who reside in; and
(b) persons who have the management or
control of workplaces, or of places
where persons gather for recreational,
cultural or sporting purposes, located
in—
the area surrounding the major hazard
facility, as indicated on the map forming part
of the emergency plan for the major hazard
facility prepared in accordance with
clause 1.2 of Schedule 11;
major hazard facility means—
(a) a facility where Schedule 9 materials
are present or likely to be present in a
quantity exceeding their threshold
quantity; or
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(b) a facility determined by the Authority
to be a major hazard facility under
regulation 5.2.29;
major hazard facility licence means a licence to
operate a major hazard facility;
major incident means an uncontrolled incident,
including an emission, loss of containment,
escape, fire, explosion or release of energy,
that—
(a) involves Schedule 9 materials; and
(b) poses a serious and immediate risk to
health and safety;
major incident hazard means any activity,
procedure, plant, process, substance,
situation or any other circumstance that
could cause, or contribute to causing, a major
incident;
major mining hazard means a mining hazard that
has the potential to cause an incident that
would cause, or pose a significant risk of
causing, more than one death;
manual handling means any activity requiring the
use of force exerted by a person to lift,
lower, push, pull, carry or otherwise move,
hold or restrain any object;
mast climbing work platform means plant with a
working platform used to support and elevate
personnel, equipment and materials by
means of a drive system that moves along an
extendable mast but does not include a lift or
building maintenance equipment;
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Membrane Filter Method means the method for
estimating airborne asbestos fibres in
accordance with the "Guidance Note on the
Membrane Filter Method for Estimating
Airborne Asbestos Fibres" prepared by the
National Health and Safety Commission and
published in 2005;
Metropolitan Ambulance Service has the same
meaning as in the Ambulance Services Act
1986;
Metropolitan Fire and Emergency Services
Board has the same meaning as Board has in
the Metropolitan Fire Brigades Act 1958;
mine has the meaning given by regulation 5.3.1;
mine modification, in Part 5.3 (Mines), in relation
to a mine, means a change to any workings,
processes or plant, including the introduction
of new workings, processes or plant, that has
the effect of—
(a) creating a mining hazard that has not
previously been identified; or
(b) increasing the risk associated with a
mining hazard;
mining hazard has the meaning given by
regulation 5.3.2;
mobile crane means a crane capable of travelling
over a supporting surface without the need
for fixed runways;
modification, in Part 5.2 (Major Hazard
Facilities), in relation to a major hazard
facility, includes—
(a) a change to any plant, processes or
substances used in processes, including
the introduction of new plant, processes
or substances;
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(b) a change to the quantity of Schedule 9
materials present or likely to be present,
including the introduction of any new
Schedule 9 materials;
(c) a change in the safety role of
employees;
(d) a change to the Safety Management
System—
that has the effect of—
(e) creating a major incident hazard that
has not previously been identified; or
(f) increasing the likelihood of a major
incident occurring; or
(g) in relation to any major incident that
might occur, increasing—
(i) its magnitude; or
(ii) the severity of its consequences to
persons both on-site and off-site;
MSDS, in relation to a hazardous substance,
means a Material Safety Data Sheet required
to be prepared for that substance under
regulation 4.1.5 or prepared for that
substance by the manufacturer or the
importing supplier in accordance with
equivalent legislation;
musculoskeletal disorder means an injury, illness
or disease that arises in whole or in part from
manual handling in the workplace, whether
occurring suddenly or over a prolonged
period of time, but does not include an
injury, illness or disease that is caused by
crushing, entrapment or cut resulting
primarily from the mechanical operation of
plant;
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NATA means the National Association of Testing
Authorities (Australia);
National Model Regulations for the Control of
Scheduled Carcinogenic Substances means
the National Model Regulations for the
Control of Scheduled Carcinogenic
Substances published by the National
Occupational Health and Safety Commission
in 1995;
National Model Regulations for the Control of
Workplace Hazardous Substances means
the National Model Regulations for the
Control of Workplace Hazardous Substances
published by the National Occupational
Health and Safety Commission in 1994;
negative air enclosure means an enclosed
asbestos removal area that is maintained
under negative air pressure to approximately
12 pascals;
noise exposure standard means—
(a) the 8 hour equivalent continuous sound
pressure level of 85dB(A) measured in
A-weighted decibels referenced to
20 micropascals at an employee's ear
position; or
(b) the C-weighted peak hold sound
pressure level reading of 140dB(C)
measured in decibels referenced to
20 micropascals at an employee's ear
position;
object, in Part 3.1 (Manual Handling) and the
definition of manual handling, includes an
inanimate or animate object, plant and any
substance or material contained by an object;
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occupational health and safety auditor means a
person who has the knowledge, experience
and skills required for an occupational health
and safety auditor under JAS-ANZ
Procedure No. 02 Issue No. 2 dated
14 December 2001 General Requirements
for Bodies Operating Assessment and
Certification of Occupational Health and
Safety Management Systems;
operator means—
(a) in Part 5.2 (Major Hazard Facilities), in
relation to a facility, the employer who
has management or control of the
facility; and
(b) in Part 5.3 (Mines), in relation to a
mine (including a prescribed mine), the
employer who has management or
control of the mine;
operator protective device includes roll-over
protective structure, falling object protective
structure, operator restraining device and
seat belt;
passive fall prevention device means material or
equipment, or a combination of material and
equipment, that is designed for the purpose
of preventing a fall, and that, after initial
installation, does not require any ongoing
adjustment, alteration or operation by any
person to ensure the integrity of the device to
perform its function;
Example
Temporary work platform, roof safety mesh or guard
railing.
perform, in relation to work, includes carry out;
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person who commissioned the work means the
person managing or controlling a workplace
or the employer who arranged for asbestos
removal work to be performed;
personal protective equipment includes
respiratory protective equipment and
personal protective clothing;
powered mobile plant means plant that is
provided with some form of self propulsion
that is ordinarily under the direct control of
an operator;
presence-sensing safeguarding system includes—
(a) a sensing system that—
(i) is an electro-sensitive or pressure
sensitive system that employs
optoelectronic or pressure
sensitive devices to perform a
sensing and control function; or
(ii) uses other technologies to perform
a sensing and a control function;
and
(b) the interface between the final
switching devices of the sensing system
and the machine primary control
elements; and
(c) the machine stopping capabilities, by
which the presence of a person or part
of a person within the sensing field will
cause the dangerous parts of a machine
to be brought to a safe state;
prescribed mine has the meaning given by
regulation 5.3.3;
pressure equipment means boilers, pressure
vessels and pressure piping;
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pressure piping means pressure piping as defined
in AS/NZS 1200 Pressure equipment, with a
hazard level A, B, C or D as determined by
AS 4343 Pressure equipment—Hazard
levels, but does not include pressure piping
that is regulated under—
(a) the Gas Safety Act 1997; or
(b) the Petroleum Act 1998; or
(c) the Petroleum (Submerged Lands)
Act 1982; or
(d) the Water Industry Act 1994; or
(e) the Pipelines Act 2005; or
(f) any other Act (other than the
Occupational Health and Safety Act
2004) that imposes statutory controls
over pressure piping comparable to
those listed in paragraphs (a) to (e);
pressure vessel means—
(a) a pressure vessel as defined in AS/NZS
1200 Pressure equipment, with a hazard
level A, B, C or D as determined by
AS 4343 Pressure equipment—Hazard
levels; or
(b) a fired heater;or
(c) a gas cylinder—
but does not include a boiler or pressure
piping;
principal contractor has the meaning given by
regulation 5.1.14;
process review has the meaning given by
regulation 6.3.2;
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product name, in relation to a hazardous
substance, means the brand name or trade
name given to the substance by the
manufacturer or supplier of the substance;
Note
A supplier includes an importing supplier.
published technical standard means a document
that gives technical information, guidance or
advice on plant, that is published by—
(a) a corresponding Authority; or
(b) Standards Australia; or
(c) the British Standards Institute; or
(d) the International Organisation for
Standardisation (ISO)—
or another organisation with substantially
equivalent objectives in relation to the
publication of technical information,
guidance or advice on plant as any of those
organisations;
recognised evidence of construction induction
training means evidence of general
occupational health and safety training to the
construction industry completed outside
Victoria and recognised by the
corresponding Authority where the training
was completed but does not include evidence
of a class determined by the Authority under
regulation 1.1.6 if the training is completed
after the determination takes effect;
registered major hazard facility means a major
hazard facility registered under Part 6.2
(Registration);
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registered medical practitioner means a registered
medical practitioner within the meaning of
the Health Professions Registration Act
2005;
relevant employee, in Part 3.4 (Confined Spaces),
means—
(a) any employee required to enter a
confined space; or
(b) any employee who has any function in
relation to work in a confined space or
the emergency procedures established
under regulation 3.4.20, but who is not
required to enter the space; or
(c) any person supervising any employee
referred to in paragraph (a) or (b);
relevant occupational health and safety
legislation means—
(a) the Act or any regulations made under
the Act;
(b) the Occupational Health and Safety
Act 1985 or any regulations made
under that Act;
(c) the Dangerous Goods Act 1985 or any
regulations made under that Act;
(d) the Equipment (Public Safety) Act
1994 or any regulations made under
that Act;
(e) any equivalent Act of another
Australian jurisdiction or any
regulations made under such an Act;
retail warehouse operator means a person who
operates a warehouse where packaged goods
intended for retail sale are held on the
premises;
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retailer, in relation to a substance, means a person
who supplies that substance to another
person otherwise than for re-supply;
reviewable decision has the meaning given by
regulation 6.3.1;
risk phrase, in relation to a hazardous substance,
means a phrase that describes the hazards of
a substance—
(a) as listed for the substance on the HSIS;
or
(b) as provided in Appendix III of the
Approved Criteria for Classifying
Hazardous Substances;
roll-over protection means a structure to protect
the operator of a tractor against injury as a
result of the tractor rolling over in any
direction;
RTO means a training organisation registered on
the State Register and National Register
under Chapter 4 of the Education and
Training Reform Act 2006;
Rural Ambulance Victoria means the ambulance
service created as Rural Ambulance Victoria
by Order in Council under section 23 of the
Ambulance Services Act 1986, dated
2 February 1999 and published in the
Government Gazette on 4 February 1999,
pages 212 and 213;
safe oxygen level means an oxygen content in air
under normal atmospheric pressure that—
(a) is equal to or greater than 19⋅5% by
volume (equivalent to a partial pressure
of oxygen of 19⋅8 kilopascals); but
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(b) is equal to or less than 23⋅5% by
volume (equivalent to a partial pressure
of oxygen of 23⋅9 kilopascals);
safe work method statement has the meaning
given by regulation 5.1.5;
Safety Assessment means—
(a) in Part 5.2 (Major Hazard Facilities), a
Safety Assessment conducted under
regulation 5.2.7; or
(b) in Part 5.3 (Mines), a Safety
Assessment conducted under
regulation 5.3.23;
Safety Case means a Safety Case prepared or
revised under Division 4 of Part 5.2 (Major
Hazard Facilities);
Safety Management System means—
(a) in Part 5.2 (Major Hazard Facilities), a
Safety Management System established
under regulation 5.2.5; or
(b) in Part 5.3 (Mines), a Safety
Management System established under
regulation 5.3.21;
safety phrase, in relation to a hazardous
substance, means a phrase that describes the
precautions to be taken for the safe use of the
substance—
(a) as listed for the substance on the HSIS;
or
(b) as provided in Appendix III of the
Approved Criteria for Classifying
Hazardous Substances;
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scaffold, in Part 3.5 (Plant) and the definition of
suspended scaffold, means a temporary
structure specifically erected to support
access or working platforms;
Schedule 1 carcinogenic substance means a
substance (or any of its salts) listed in
Schedule 1 to the National Model
Regulations for the Control of Scheduled
Carcinogenic Substances used—
(a) as a pure substance; or
(b) in a mixture containing 0⋅1% or more
of that substance, determined as a
weight/weight (w/w) concentration for
solids or liquids and a volume/volume
(v/v) concentration for gases—
but does not include amosite or crocidolite as
listed in that Schedule;
Schedule 2 carcinogenic substance means—
(a) benzene as listed in Schedule 2 to the
National Model Regulations for the
Control of Scheduled Carcinogenic
Substances; and
(b) any other substance (or any of its salts)
listed in that Schedule used—
(i) as a pure substance; or
(ii) in a mixture containing 0⋅1% or
more of that substance,
determined as a weight/weight
(w/w) concentration for solids or
liquids and a volume/volume (v/v)
concentration for gases—
but does not include chrysotile or
cyclophosphamide as listed in that
Schedule;
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Schedule 9 material means a material mentioned
in Table 1 of Schedule 9 or a material that
belongs to one or more of the types, classes
and categories mentioned in Table 2 of
Schedule 9;
scheduled carcinogenic substance means a
Schedule 1 carcinogenic substance or a
Schedule 2 carcinogenic substance;
self-erecting tower crane means a tower crane
where—
(a) the tower structure and boom or jib
elements are not disassembled into
component sections; and
(b) the crane can be transported between
sites as a complete unit; and
(c) erection and dismantling processes are
an inherent part of the crane's function;
shaft means—
(a) in Part 5.1 (Construction), a vertical or
inclined way or opening from the
surface downwards or from any
underground working and the
dimensions of which (excluding the
perimeter) are less than its depth;
(b) in Part 5.3 (Mines), any opening
extending downwards from the surface
or from a location underground that—
(i) has an inclination to the horizontal
of more than 15 degrees; and
(ii) is used for the purposes of raising
or lowering persons or materials
or for the intake or outlet of
ventilation;
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shaft conveyance means a cage, skip, kibble or
other contrivance in or on which people ride
up or down a shaft, but does not include any
attachments to that cage, skip, kibble or other
contrivance;
signal words means words such as "dangerous
poison", "poison", "warning", "danger" or
"caution" that are clearly and prominently
displayed on labels of substances to indicate
the relative severity of the hazard;
sound power level means the total sound energy
radiated per unit time, measured as decibels
referenced to 1 picowatt using octave bands
or an A-weighting;
sound pressure level expressed in decibels, means
the pressure fluctuations in air calculated as
20 times the logarithm to the base 10 of the
ratio of the root mean square sound pressure
(in pascals) to the reference sound pressure
of 20 micropascals;
statement of attainment means a certification
issued by an RTO stating that the person to
whom it is issued has achieved—
(a) part of a qualification; or
(b) one or more units of competency—
that meets or meet a competency standard,
but does not include a certification issued by
an RTO, or an RTO in a class of RTOs,
determined by the Authority under
regulation 1.1.6 if the certification is issued
after the determination takes effect;
structure, in Part 4.3 (Asbestos), means any
construction, including a bridge, tunnel,
shaft, dam, pipe or access pit, or any part of a
construction but does not include a building,
ship or plant;
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suspended scaffold means a scaffold
incorporating a suspended platform that is
capable of being raised or lowered when in
use;
task, in Part 3.3 (Prevention of Falls), includes
moving to and from a task;
temporary access equipment means—
(a) abseiling equipment; or
(b) a work box; or
(c) an industrial safety net; or
(d) equipment incorporating a harness that
is used or intended to be used to arrest
the fall of a person wearing the harness;
temporary work platform means—
(a) a fixed, mobile or suspended scaffold;
or
(b) an elevating work platform; or
(c) a mast climbing work platform; or
(d) a work box supported and suspended by
a crane, hoist, forklift truck or other
form of mechanical plant; or
(e) building maintenance equipment,
including a building maintenance unit;
or
(f) a portable or mobile fabricated
platform; or
(g) any other temporary platform that
provides a working area for the
duration of work performed at height
and that is designed to prevent a fall;
the Act means the Occupational Health and
Safety Act 2004;
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theatrical performance means acting, singing,
playing a musical instrument, dancing, or
otherwise performing literary or artistic
works or expressions of folklore;
threshold quantity, in relation to Schedule 9
materials, means the threshold quantity for
those materials determined in accordance
with Schedule 9;
tower crane means a boom or jib crane mounted
on a tower structure;
tractor means a powered vehicle primarily
designed to haul and provide power for
agricultural or horticultural machinery or
implements by way of a power-takeoff
rotating shaft or other mechanical means, but
does not include earthmoving machinery or a
passenger vehicle;
travel restraint system means equipment that is
worn by or attached to a person and is
designed for the purpose of physically
restraining a person from reaching an edge or
elevated surface from which he or she may
fall;
Example
A system in which a harness or belt is attached to one
or more lanyards, each attached in turn to a static line
or anchorage point.
trench, in Part 5.1 (Construction), means a
horizontal or inclined way or opening
commencing at and extending below the
surface of the ground and open to the surface
along its length, the length of which is
greater than its width and greater than or
equal to its depth, and is used or to be used
for the laying, removal or repair of a pipe or
cable;
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tunnel, in Part 5.1 (Construction), means an
underground passage or opening in an
approximate horizontal plane and which
begins at the surface or from an excavation
of any sort;
turbine means a rotary motor or engine driven by
a flow of water, steam or gas primarily
intended for the production of electricity;
Type I ingredient, in relation to a hazardous
substance, means a Type I ingredient within
the meaning of Schedule 1 to the National
Model Regulations for the Control of
Workplace Hazardous Substances;
Type II ingredient, in relation to a hazardous
substance, means a Type II ingredient within
the meaning of Schedule 1 to the National
Model Regulations for the Control of
Workplace Hazardous Substances;
Type III ingredient, in relation to a hazardous
substance, means a Type III ingredient
within the meaning of Schedule 1 to the
National Model Regulations for the Control
of Workplace Hazardous Substances;
type of asbestos-containing material means a
description of asbestos-containing material;
Example
Asbestos-containing cement sheeting, cement pipes,
vinyl tiles, sprayed insulation, telecommunications
pits and pipes, pipe lagging, millboard and gaskets.
unprotected edge means the edge of a surface
from which there is a horizontal gap, void or
space of more than 300 millimetres and
which is not provided with a barrier to
prevent a fall;
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Victoria Police has the same meaning as the force
has in the Police Regulation Act 1958;
Victoria State Emergency Service means the
Service continued by the Victoria State
Emergency Service Act 2005;
Victoria State Emergency Service Authority
means the Authority established under the
Victoria State Emergency Service Act
2005;
wholesaler, in relation to a substance, means a
person who supplies that substance for the
purpose of re-supply;
winder means an electrical or compressed air or
hydraulic or other power driven unit, single
or multi drum, which by use of ropes, sheave
wheels and a shaft conveyance, is used to
raise or lower people or materials from level
to level and includes a friction winder;
work box means a personnel carrying device,
designed to be suspended from a crane, to
provide a working area for a person elevated
by and working from the device;
work in a confined space means work in a
confined space by an employee and includes
entry to and exit from a confined space by an
employee;
workpiece means material, off-cut or scrap (in any
form) on which an item of plant is doing
work, or material, off-cut or scrap (in any
form) produced by an item of plant but does
not include a load being lifted or moved by
the plant;
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work positioning system means—
(a) an industrial rope access system; or
(b) a travel restraint system; or
(c) any other equipment, other than a
temporary work platform, that enables a
person to be positioned and safely
supported at a work location for the
duration of the task being undertaken at
height.
1.1.6 Determinations of Authority
The Authority may make the following
determinations for the purposes of
regulation 1.1.5—
(a) a determination of a scheme for the approval
of asbestos analysts for the purpose of the
definition of approved asbestos analyst;
(b) a determination of an exposure measurement
method for the purpose of the definition of
asbestos exposure standard;
(c) a determination of an occupational health
and safety management system for the
purpose of the definition of asbestos
occupational health and safety
management system;
(d) a determination of a method of air sampling
for the purpose of the definition of asbestos
paraoccupational air monitoring;
(e) a determination of a competency standard for
winder operations for the purpose of the
definition of competency standard;
(f) a determination of a specified construction
RTO or a class of construction RTOs for the
purpose of the definition of construction
statement of attainment;
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(g) a determination of evidence of a specified
class for the purpose of the definition of
recognised evidence of construction
induction training;
(h) a determination of a specified RTO or a class
of RTOs for the purpose of the definition of
statement of attainment.
Note
See Division 2 of Part 7.1 (Administrative Matters).
1.1.7 Act compliance notes
If a note at the foot of a provision of these
Regulations states "Act compliance" followed by
a reference to a section number, the regulation
provision sets out the way in which a person's
duty or obligation under that section of the Act is
to be performed in relation to the matters and to
the extent set out in the regulation provision.
Note
A failure to comply with a duty or obligation under a section
of the Act referred to in an "Act compliance" note is an
offence to which a penalty applies.
1.1.8 Independent contractors
(1) A provision of these Regulations that sets out a
way that an employer complies with a duty under
section 21 or 35 of the Act in relation to
employees extends to the employer's duty under
that section to an independent contractor engaged
by the employer and any employees of the
independent contractor.
(2) If a provision of these Regulations (other than
subregulation (1)) provides that an employer's
duty under another provision of these Regulations
extends to an independent contractor—
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(a) that other provision applies as if a reference
to an employee were a reference to an
independent contractor engaged by the
employer and any employees of the
independent contractor; and
(b) the duty of the employer under that other
provision extends to an independent
contractor engaged by the employer, and any
employees of the independent contractor, in
relation to matters over which the employer
has control or would have control if not for
any agreement purporting to limit or remove
that control.
1.1.9 Health and safety representatives
A reference in these Regulations to a health and
safety representative includes a reference to a
deputy health and safety representative if the
health or safety representative has ceased to hold
office or the health and safety representative is
unable (because of absence or any other reason) to
exercise the powers of a health and safety
representative.
1.1.10 Designers, manufacturers and suppliers
Any reference in these Regulations to—
(a) a designer, in relation to plant, is a reference
to a person who designs the plant and who
knows, or ought reasonably to know, that the
plant is to be used at a workplace;
(b) a manufacturer, in relation to plant or a
substance, is a reference to a person who
manufactures that plant or substance and
who knows, or ought reasonably to know,
that the plant or substance is to be used at a
workplace;
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(c) a supplier, in relation to plant or a substance,
is a reference to a person who supplies that
plant or substance and who knows, or ought
reasonably to know, that the plant or
substance is to be used at a workplace
(whether by the person supplied or anyone
else).
1.1.11 References to Parts
Unless the context otherwise requires, a reference
in these Regulations to a Part by a number must
be construed as a reference to the Part, designated
by that number, of these Regulations.
__________________
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r. 1.2.1
PART 1.2—INCORPORATED DOCUMENTS
1.2.1 Documents incorporated as in force from time to
time
(1) A reference to any document applied, adopted or
incorporated by, or referred to in, these
Regulations is to be read as a reference to that
document as in force from time to time.
(2) If any document applied, adopted or incorporated
by, or referred to in, these Regulations is
amended, the amendment is only in force for the
purposes of subregulation (1) if it has taken effect
for the purposes of these Regulations.
Note
See regulation 1.2.3 in relation to the date of effect of
amendments.
1.2.2 Publication date of amendments to certain
incorporated documents
(1) This regulation applies to any document that is
applied, adopted or incorporated by, or referred to
in, these Regulations, and either that is published,
or that has notice of its making published, in the
Commonwealth of Australia Gazette.
(2) For the purposes of these Regulations, an
amendment to the document is published either⎯
(a) on the date it is published in the
Commonwealth of Australia Gazette; or
(b) on the date on which the notice of its making
is published in the Commonwealth of
Australia Gazette⎯
whichever occurs first.
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1.2.3 Date of effect of amendments to incorporated
documents
If the effect of an amendment to any document
applied, adopted or incorporated by these
Regulations is—
(a) to prohibit an activity, process or thing, the
amendment takes effect on the day after it is
published, or on any later date specified in
the document by which the amendment was
made; and
(b) to impose a new obligation or to alter an
existing obligation under these Regulations,
a person may choose to comply with these
Regulations as if the amendment had not
been made until the expiry of 6 months after
the date the amendment takes effect.
1.2.4 Inconsistencies between provisions
If a provision of any document applied, adopted or
incorporated by, or referred to in, these
Regulations is inconsistent with any provision in
these Regulations, the provision of these
Regulations prevails.
__________________
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r. 2.1.1
CHAPTER 2—GENERAL DUTIES AND ISSUE
RESOLUTION
PART 2.1—GENERAL DUTIES
2.1.1 Proper installation, use and maintenance of risk
control measures
(1) A person who is required by these Regulations to
use any particular measure to control risk must
ensure that the measure is properly installed
(if applicable), used and maintained.
Note
Act compliance—sections 21, 22, 23, 24, 26, 29, 30 and 31
(see regulation 1.1.7).
(2) This regulation does not apply to a measure
required by Part 5.2 (Major Hazard Facilities) or
Part 5.3 (Mines).
Note
Parts 5.2 and 5.3 are excluded from the operation of this
regulation because they contain more specific requirements
in relation to the installation, use and maintenance of risk
control measures.
2.1.2 Provision of information, instruction and training
(1) If these Regulations require an employer to
control any particular risk, the employer must
provide each employee of the employer who may
be exposed to the risk with sufficient information,
instruction and training in relation to the following
matters as are necessary to enable the employee to
perform his or her work in a manner that is safe
and without risks to health—
(a) the nature of the hazard giving rise to the
risk; and
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(b) the need for, and the proper use and
maintenance of, measures to control the risk.
Notes
1
Act compliance—section 21 (see regulation 1.1.7).
2
Section 21 of the Act also places obligations on an
employer in relation to supervision.
(2) The obligation imposed by subregulation (1) is in
addition to any other obligation imposed on the
employer by these Regulations in relation to the
provision of information, instruction and training.
2.1.3 Medical examinations and health surveillance
(1) This regulation applies if, under these
Regulations, an employer is required to ensure
that an employee is medically examined or that
any other form of health surveillance is conducted
in relation to an employee.
(2) The employer must provide the employee with
information about the purpose, and the type or
nature, of the medical examination or other health
surveillance.
Note
Act compliance—sections 21 and 22 (see regulation 1.1.7).
(3) The medical examination or other health
surveillance is to be undertaken at the employer's
expense.
2.1.4 Reports of health surveillance to be confidential
(1) An employer must ensure that any report resulting
from the medical examination or other health
surveillance of an employee required under these
Regulations, and any summary of the results of
such a report, is kept confidential except in the
circumstances set out in subregulation (2).
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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(2) An employer must provide a copy of a report or
summary referred to in subregulation (1) to—
(a) an employee to whom the report or summary
relates as soon as is reasonably possible after
the employer receives the report or
summary;
(b) if an employee to whom the report or
summary relates authorises in writing a third
party to have access to the report or
summary, that third party;
(c) if the Authority requests a copy of the report
or summary, or if the employer is otherwise
required by these Regulations to give the
Authority a copy of the report or summary,
the Authority.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
Note
Section 69 of the Act provides that the health and safety
representative of the members of a designated work group
must be allowed access to information that an employer has
relating to the health and safety of the members of the
group. The section permits a health and safety
representative to have access to relevant medical
information relating to an employee's health and safety that
does not identify individual employees and, with the consent
of an employee, medical information that identifies that
employee.
2.1.5 How to involve health and safety representatives in
consultation
(1) This regulation applies if an employer is required
under the Act to consult with employees on a
matter and the employees are represented by a
health and safety representative.
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(2) For the purposes of section 36(2) of the Act, the
employer must involve the health and safety
representative in the consultation by—
(a) providing the health and safety
representative with all of the information
about the matter that the employer provides,
or intends to provide, to the employees; and
(b) unless it is not reasonably practicable to do
so, providing that information to the health
and safety representative a reasonable time
before providing the information to the
employees; and
(c) inviting the health and safety representative
to meet with the employer to consult about
the matter; and
(d) if the invitation is accepted, or if otherwise
requested by the health and safety
representative, meeting with the health and
safety representative to consult about the
matter; and
(e) giving the health and safety representative a
reasonable opportunity to express his or her
views about the matter; and
(f) taking into account the health and safety
representative's views about the matter.
Note
Act compliance—sections 35 and 36 (see regulation 1.1.7).
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Part 2.2—Issue Resolution Procedures
r. 2.2.1
PART 2.2—ISSUE RESOLUTION PROCEDURES
2.2.1 Application of Part
For the purposes of section 73(1) of the Act, this
Part sets out the procedure to facilitate the
effective resolution of health and safety issues
arising at a workplace or from the conduct of an
employer's undertaking if there is no relevant
agreed procedure for resolution of those issues.
2.2.2 Parties to the resolution of issues
(1) For the purposes of section 73 of the Act, an
employer must notify the employees, any health
and safety representative and any health and
safety committee in the appropriate manner and
languages—
(a) as to whether the employer intends to
participate in the resolution of an issue
personally or to nominate an employer
representative; and
(b) if an employer representative is to be
nominated, of the name and position
description of the employer representative.
Note
Employer representatives must meet the requirements set
out in sections 73(2)(a) and 73(2)(b) of the Act.
(2) If an issue arises before an employer
representative has been notified in accordance
with subregulation (1) and the employer is not
available, the senior manager employed by the
employer in that part of the workplace where the
issue has arisen is to be the employer
representative for the purpose of attempting to
resolve the health and safety issue.
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(3) Only a health and safety representative, or if there
is no health and safety representative, an
employee nominated under subregulation (4), can
act on behalf of employees affected by an issue.
Note
Section 57 of the Act states that if a health and safety
representative ceases to hold office or is unable to exercise
his or her powers then those powers may be exercised by a
deputy health and safety representative.
(4) If there is no health and safety representative, the
employees affected by an issue may nominate one
or more employees to act on their behalf.
(5) At any stage in the resolution of an issue, a party
may seek the assistance of any relevant
organisation of employees or of employers to
assist the parties to resolve the issue.
2.2.3 Procedure for reporting issues
(1) If a health or safety issue arises in a workplace or
from the conduct of the undertaking of an
employer where there is a health and safety
representative and an employee wishes to raise the
issue for resolution, the employee must report the
issue to that representative.
(2) If a health or safety issue arises in a workplace or
from the conduct of the undertaking of an
employer where there is no health and safety
representative and an employee wishes to raise the
issue for resolution, that employee must report it
to the employer or employer representative.
(3) An employee may take all steps to report an issue,
including leaving the employee's part of the
workplace, if the steps are reasonable in the
circumstances.
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(4) Nothing in this regulation prevents an employee
from reporting the issue to the employer or any
other person in addition to the health and safety
representative.
2.2.4 Procedure for resolving issues
(1) As soon as is reasonably possible after a health or
safety issue has been reported the following
persons must meet and try to resolve the issue—
(a) the employer or employer representative; and
(b) the health and safety representative or any
employee nominated under
regulation 2.2.2(4) or the employees affected
by the issue.
(2) For the purpose of resolving the health and safety
issue as quickly and effectively as possible the
parties must have regard to—
(a) the number and location of employees
affected by the issue; and
(b) whether appropriate temporary measures are
possible or desirable; and
(c) the time that may elapse before the issue is
permanently resolved; and
(d) who, on behalf of the employer, is
responsible for performing and overseeing
any action agreed necessary to resolve the
issue.
Note
Section 20 of the Act sets out the process to follow in
ensuring health and safety.
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(3) If, after the resolution of the health and safety
issue, a party involved in the resolution of that
issue requests the employer to set out in writing
the details of the issue and matters relating to its
resolution, the employer must do so, to the
satisfaction of all parties.
(4) As soon as is reasonably possible after the
resolution of an issue, the employer must ensure
that details of any written or oral agreement
between the parties are—
(a) brought to the attention of the employees
affected by the issue; and
(b) forwarded to any health and safety
committee.
(5) Any of the parties to the resolution may forward
details of any agreement between the parties under
subregulation (4) to any relevant organisation of
employees or of employers.
(6) An agreement under subregulation (4) must be—
(a) in a form that is approved by all parties; and
(b) communicated in the manner and in any
language that is agreed by the parties to be
appropriate.
Note
Sections 35 and 36 of the Act set out the duty of the
employer to consult with employees, including involving the
health and safety representative (if any). (See also
regulation 2.1.5).
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Part 3.1—Manual Handling
r. 3.1.1
CHAPTER 3—PHYSICAL HAZARDS
PART 3.1—MANUAL HANDLING
3.1.1 Hazard identification
(1) An employer must, so far as is reasonably
practicable, identify any task undertaken, or to be
undertaken, by an employee involving hazardous
manual handling.
Notes
1
Act compliance—section 21 (see regulation 1.1.7).
2
Hazardous manual handling is defined in
regulation 1.1.5).
(2) An employer may carry out a hazard identification
under subregulation (1) for a class of tasks rather
than for individual tasks if—
(a) all the tasks in the class are similar; and
(b) the identification carried out for the class of
tasks does not result in any person being
subject to any greater, additional or different
risk to health and safety than if the
identification were carried out for each
individual task.
3.1.2 Control of risk
(1) An employer must ensure that the risk of a
musculoskeletal disorder associated with a
hazardous manual handling task affecting an
employee is eliminated so far as is reasonably
practicable.
Note
Act compliance—section 21 (see regulation 1.1.7).
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(2) If it is not reasonably practicable to eliminate the
risk of a musculoskeletal disorder associated with
a hazardous manual handling task affecting an
employee, an employer must reduce that risk so
far as is reasonably practicable by—
(a) altering—
(i) the workplace layout; or
(ii) the workplace environment, including
heat, cold and vibration, where the task
involving manual handling is
undertaken; or
(iii) the systems of work used to undertake
the task; or
(b) changing the objects used in the task
involving manual handling; or
(c) using mechanical aids; or
(d) any combination of paragraphs (a) to (c).
Notes
1
Act compliance—section 21 (see regulation 1.1.7).
2
Under sections 27 to 30 of the Act, designers of plant,
buildings or structures (or parts of buildings or
structures) and manufacturers and suppliers of plant or
substances must ensure, so far as is reasonably
practicable, that the plant, substance, building or
structure (or part) is designed, manufactured or
supplied (as the case may be) to be safe and without
risks to health, including the risk of musculoskeletal
disorder.
(3) If it is not reasonably practicable for an employer
to reduce the risk of a musculoskeletal disorder
associated with a hazardous manual handling task
in accordance with subregulation (2), the
employer may control that risk by the use of
information, instruction or training.
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Notes
1
Act compliance—section 21 (see regulation 1.1.7).
2
An employer may only rely solely or primarily on the
use of information, instruction or training to control a
risk if none of the measures set out in subregulation (2)
is reasonably practicable.
(4) Without affecting the generality of subregulations
(1), (2) and (3), an employer, when determining
any measure to control any risk of
musculoskeletal disorder, must address the
following factors—
(a) postures; and
(b) movements; and
(c) forces; and
(d) duration and frequency of the task; and
(e) environmental conditions including heat,
cold and vibration that act directly on a
person undertaking the task.
Notes
1
Act compliance—section 21 (see regulation 1.1.7).
2
Sections 35 and 36 of the Act set out the duty of the
employer to consult with employees, including
involving the health and safety representative (if any).
(See also regulation 2.1.5).
3.1.3 Review of risk control measures
(1) An employer must ensure that any measures
implemented to control risks in relation to
musculoskeletal disorders are reviewed and, if
necessary, revised—
(a) before any alteration is made to objects used
in a workplace or to systems of work that
include a task involving hazardous manual
handling, including a change in the place
where that task is undertaken; or
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(b) before an object is used for another purpose
than that for which it was designed if that
other purpose may result in an employee
carrying out hazardous manual handling; or
(c) if new or additional information about
hazardous manual handling being associated
with a task becomes available to the
employer; or
(d) if an occurrence of a musculoskeletal
disorder in a workplace is reported by or on
behalf of an employee; or
(e) after any incident occurs to which Part 5 of
the Act applies that involves hazardous
manual handling; or
(f) if, for any other reason, the risk control
measures do not adequately control the risks;
or
(g) after receiving a request from a health and
safety representative.
Note
Act compliance—section 21 (see regulation 1.1.7).
(2) A health and safety representative may make a
request under subregulation (1)(g) if the health
and safety representative believes on reasonable
grounds that—
(a) any of the circumstances referred to in
subregulations (1)(a) to (1)(f) exists; or
(b) the employer has failed—
(i) to properly review the risk control
measures; or
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(ii) to take account of any of the
circumstances referred to in
subregulations (1)(a) to (1)(f) in
conducting a review of, or revising, the
risk control measures.
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Part 3.2—Noise
r. 3.2.1
PART 3.2—NOISE
Division 1—Duties of designers, manufacturers and
suppliers of plant
3.2.1 Designers
A designer of plant must ensure, by taking noise
emission and exposure into account, that the plant
is so designed that its sound power level is as low
as is reasonably practicable.
Note
Act compliance—section 27 (see regulation 1.1.7).
3.2.2 Manufacturers
(1) A manufacturer of plant must ensure, by taking
noise emission and exposure into account, that the
plant is so manufactured that its sound power
level is as low as is reasonably practicable.
Note
Act compliance—section 29 (see regulation 1.1.7).
(2) If plant, when used at a workplace for the purpose
for which it is manufactured, may cause an
employee's exposure to noise to exceed the noise
exposure standard, the manufacturer of the plant
must—
(a) determine its sound power level; and
(b) when supplying the plant to another person,
ensure that the plant is accompanied by a
record that states the sound power level of
the plant.
Note
Act compliance—section 29 (see regulation 1.1.7).
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3.2.3 Suppliers
(1) A supplier of plant must provide with the plant
any record received from the person from whom
the plant was acquired that states the sound power
level of the plant.
Note
Act compliance—section 30 (see regulation 1.1.7).
(2) A supplier of plant must take any action that is
reasonably necessary in the circumstances to
obtain the record that states the sound power level
of the plant from the person from whom the plant
was acquired.
Note
Act compliance—section 30 (see regulation 1.1.7).
Division 2—Duties of employers
3.2.4 Control of exposure to noise
(1) An employer must ensure that no employee at the
workplace is exposed to noise that exceeds the
noise exposure standard by implementing the
following risk control measures—
(a) the employer must eliminate the source of
noise to which an employee is exposed, so
far as is reasonably practicable;
(b) if it is not reasonably practicable to eliminate
the source of the noise, the employer must
reduce the exposure of the employee to
noise, so far as is reasonably practicable,
by—
(i) substituting quieter plant or processes;
or
(ii) using engineering controls;
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(c) if an employee is still exposed to noise that
exceeds the noise exposure standard after the
employer has complied with paragraph (b),
the employer must reduce the exposure of
the employee to noise, so far as is reasonably
practicable, by the use of administrative
controls;
(d) if an employee is still exposed to noise that
exceeds the noise exposure standard after the
employer has complied with paragraphs (b)
and (c), the employer must provide hearing
protectors to reduce the exposure of the
employee to noise, so that it does not exceed
the noise exposure standard.
Note
Act compliance—section 21 (see regulation 1.1.7).
(2) An employer providing hearing protectors under
subregulation (1)(d) must, when selecting the
hearing protectors, consider—
(a) the nature of noise in the workplace; and
(b) noise levels in the workplace; and
(c) the duration of exposure to noise; and
(d) systems of work at the workplace.
Notes
1
Act compliance—section 21 (see regulation 1.1.7).
2
The nature of the noise in the workplace may involve
consideration of the frequency component, impulse or
other relevant matters.
(3) If several employees are exposed to identical
sources of noise at the workplace and their
exposure to noise is likely to be the same, the
employer may select hearing protectors for those
employees by considering the factors in
subregulation (2) in respect of one or more of
those employees.
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3.2.5 Written record of risk control measures
(1) If an employer proposes to implement a risk
control measure referred to in regulations
3.2.4(1)(a) or 3.2.4(1)(b) and it is not reasonably
practicable to do so within 6 months of making
the decision to implement the control measure, the
employer must make a written record that
describes the actions necessary to implement the
risk control measure and when these actions will
be carried out.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) Subregulation (1) does not reduce or limit an
employer's obligation to comply with regulation
3.2.4(1).
(3) An employer who makes a written record under
subregulation (1) must ensure that the record is
accessible to—
(a) the health and safety representative of each
designated work group affected by the
proposed control measure; and
(b) any employee affected by the proposed
control measure.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(4) For the purposes of section 35(1) of the Act, an
employer must consult when making the decision
to implement the risk control measure that is the
subject of a written record under
subregulation (1).
Note
Sections 35 and 36 of the Act set out the duty of the
employer to consult with employees, including involving the
health and safety representative (if any). (See also
regulation 2.1.5).
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3.2.6 Hearing protector signs and labels
If an employer is required under regulation
3.2.4(1)(d) to provide hearing protectors to an
employee, the employer must clearly identify by
signs, labelling of plant or other appropriate
means, when and where the hearing protectors are
to be worn.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
3.2.7 Determination of exposure to noise
(1) An employer must ensure that a determination of
an employee's exposure to noise in the workplace
is carried out in accordance with this regulation if
there is uncertainty (based on reasonable grounds)
as to whether the noise exposure standard is or
may be exceeded.
Note
Act compliance—section 21 (see regulation 1.1.7).
(2) In considering whether a noise exposure standard
is or may be exceeded, an employer must not take
into account the effect of any hearing protectors
the employee may be using.
(3) A determination under subregulation (1)—
(a) must take into account—
(i) the level of noise to which the
employee is exposed; and
(ii) the duration of the exposure; and
(iii) plant and other sources of noise at the
workplace; and
(iv) systems of work at the workplace; and
(v) any other relevant factors; and
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(b) must not take into account the effect of any
hearing protectors the employee may be
using.
(4) If several employees are exposed to identical
sources of noise at a workplace and their exposure
to noise is likely to be the same, the employer may
determine their exposure to noise by conducting a
representative determination in relation to one or
more of those employees.
3.2.8 Record of determinations
(1) An employer who makes a determination under
regulation 3.2.7(1) must make a written record
that—
(a) describes how the matters referred to in
regulation 3.2.7(3) have been taken into
account; and
(b) contains the results of the determination.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) An employer who makes a written record under
subregulation (1) must retain the record for as
long as it is applicable.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(3) An employer who makes a written record under
subregulation (1) must ensure that the record is
accessible to—
(a) the health and safety representative of each
designated work group to which the
determination relates; and
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(b) any employee to whom the determination
relates.
Penalty: 5 penalty units for a natural person;
25 penalty units for a body corporate.
3.2.9 Review of risk control measures
(1) An employer must ensure that any measures
implemented to control an employee's exposure to
noise are reviewed and, if necessary, revised—
(a) before any alteration is made to plant used or
a system of work that is likely to result in
exposure to noise above the noise exposure
standard; or
(b) if the report by the person who conducts
an audiological examination under
regulation 3.2.12 states that the employee
has suffered hearing loss that is likely to be
due to exposure to noise; or
(c) after any incident occurs to which Part 5 of
the Act applies that involves exposure to
noise above the noise exposure standard; or
(d) if, for any other reason, the risk control
measures do not adequately control noise
exposure to a level at or below the noise
exposure standard; or
(e) after receiving a request from a health and
safety representative.
Note
Act compliance—section 21 (see regulation 1.1.7).
(2) A health and safety representative may make a
request under subregulation (1)(e) if the health
and safety representative believes on reasonable
grounds that—
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(a) any of the circumstances referred to in
subregulations (1)(a) to (1)(d) exists; or
(b) the employer has failed—
(i) to properly review the risk control
measures; or
(ii) to take account of any of the
circumstances in subregulations (1)(a)
to (1)(d) in conducting a review of, or
revising, the risk control measures.
3.2.10 Acquisition of plant
An employer who introduces new or additional
plant for use in the workplace must have regard to
the sound power level of the plant in order to
ensure, so far as is reasonably practicable, that
employees will not be exposed to noise that
exceeds the noise exposure standard.
Note
Act compliance—section 21 (see regulation 1.1.7).
3.2.11 Audiometric tests
If an employer is required under regulation
3.2.4(1)(d) to provide hearing protectors to an
employee, the employer must provide for
audiometric testing for that employee—
(a) within 3 months after the employee
commences the work in relation to which the
hearing protectors are required; and
(b) at any time when reasonably requested to do
so by the health and safety representative of
the designated work group of which the
employee is a member; and
(c) in any event, at least every 2 years.
Note
Act compliance—section 22(1) (see regulation 1.1.7).
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3.2.12 Audiological examinations
If the results of 2 consecutive audiometric tests of
an employee under regulation 3.2.11 indicate a
reduction in hearing levels equal to or greater than
15dB at 3000 Hz, 4000 Hz or 6000 Hz, the
employer must provide for the employee to
undergo an audiological examination as soon as is
reasonably possible.
Note
Act compliance—section 22(1) (see regulation 1.1.7).
3.2.13 Report of audiological examination
An employer must ensure that a person who
conducts an audiological examination under
regulation 3.2.12 provides the employer with a
report that—
(a) contains the results of the examination; and
(b) states whether or not the employee has
suffered hearing loss that is likely to be due
to exposure to noise.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
3.2.14 Test results and examination reports
(1) If an employee is tested under regulation 3.2.11,
or examined under regulation 3.2.12, the employer
must retain the test results or examination report
for as long as they are applicable.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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(2) Subject to subregulation (3), the employer must,
on request, provide a health and safety
representative with aggregate results of the most
recent audiometric tests under regulation 3.2.11 in
relation to the representative's designated work
group.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(3) Aggregate results provided under subregulation
(2) must not contain information that identifies the
employees tested or from which the employee's
identity could be reasonably obtained.
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Part 3.3—Prevention of Falls
r. 3.3.1
PART 3.3—PREVENTION OF FALLS
Division 1—Introductory matters
3.3.1 Application of Part
(1) This Part does not apply in relation to—
(a) the following activities that are carried out
under the control or management of an
employer⎯
(i) the performance of stunt work; or
(ii) the performance of acrobatics; or
(iii) a theatrical performance; or
(iv) a sporting or athletic activity; or
(v) the riding of a bicycle, motorcycle or
all-terrain vehicle; or
(vi) horse riding; or
(vii) rock climbing, abseiling or any other
similar activities; or
(b) a task that is undertaken on those parts of a
building or structure (including stairs, fixed
ladders, ramps and balconies) that⎯
(i) comply with any applicable
requirements of AS 1657—Fixed
platforms, walkways, stairways and
ladders—Design, construction and
installation; and
(ii) comply with any applicable
requirements of the Building
Regulations 2006 1; and
(iii) are used for the purpose for which they
were designed, including for access and
egress; or
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(c) any activity determined by the Authority in
accordance with subregulation (2).
(2) The Authority may determine an activity to be
excluded from the application of this Part if the
Authority is satisfied that the activity is of a
similar nature to an activity referred to in
subregulation (1)(a).
3.3.2 Application to employers of emergency service
employees
Without limiting the application of this Part (other
than regulations 3.3.5, 3.3.6 and 3.3.7),
regulations 3.3.5, 3.3.6 and 3.3.7 apply so far as is
reasonably practicable to an employer of—
(a) an emergency service employee when that
employee is—
(i) undertaking the rescue of a person; or
(ii) providing first aid to a person; or
(iii) undertaking training to deal with
emergency and rescue operations; or
(iv) carrying out an emergency response; or
(b) a law enforcement officer within the
meaning of the Surveillance Devices Act
1999 when that officer is—
(i) installing, using, maintaining or
retrieving a surveillance device or a
tracking device under an emergency
authorisation or a warrant issued under
that Act; or
(ii) engaged in any other surveillance
operation authorised by a senior officer
under that Act; or
(iii) undertaking training in relation to
surveillance duties or operations
required in the application of that Act.
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Division 2—Duties of employers
3.3.3 Hazard identification
An employer must, so far as is reasonably
practicable, identify any task that an employee is
required to undertake at a workplace that involves
a fall hazard including—
(a) on any plant or structure being constructed,
demolished, inspected, tested, maintained,
repaired or cleaned;
(b) on a fragile, slippery or potentially unstable
surface;
(c) using equipment to gain access to an
elevated level or to undertake the task at an
elevated level;
(d) on a sloping surface on which it is difficult to
maintain balance;
(e) in close proximity to an unprotected edge;
(f) in close proximity to a hole, shaft or pit that
is of sufficient dimensions to allow a person
to fall into the hole, shaft or pit.
Notes
1
Act compliance—section 21 (see regulation 1.1.7).
2
A fall in this Part means an involuntary fall of over
2 metres (see the definition of fall in regulation 1.1.5).
3.3.4 Control of risk
(1) An employer must ensure that if an employee is
required to undertake a task at the workplace that
involves a risk of a fall, the risk is controlled, so
far as is reasonably practicable, by arranging for
the task to be undertaken—
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(a) on the ground; or
(b) on a solid construction.
Notes
1
Act compliance—section 21 (see regulation 1.1.7).
2
See subregulation (6) for the definition of solid
construction.
(2) If it is not reasonably practicable to comply with
subregulation (1), or only part of a task may be
undertaken in accordance with subregulation (1),
and a risk of a fall remains, the employer must
reduce the risk, so far as is reasonably practicable,
by ensuring that a passive fall prevention device is
used.
Notes
1
Act compliance—section 21 (see regulation 1.1.7).
2
Examples of a passive fall prevention device are given
in the definition of that term in regulation 1.1.5.
(3) If it is not reasonably practicable to comply with
subregulations (1) and (2), or only part of a task
may be undertaken in accordance with those
subregulations, and a risk of a fall remains, the
employer must reduce the risk, so far as is
reasonably practicable, by using a work
positioning system.
Notes
1
Act compliance—section 21 (see regulation 1.1.7).
2
Work positioning system is defined in regulation 1.1.5.
(4) If it is not reasonably practicable to comply with
subregulations (1), (2) and (3), or only part of a
task may be undertaken in accordance with those
subregulations, and a risk of a fall remains, the
employer must reduce the risk, so far as is
reasonably practicable, by putting in place a fall
arrest system.
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Note
1
Act compliance—section 21 (see regulation 1.1.7).
2
Examples of a fall arrest system are given in the
definition of that term in regulation 1.1.5.
(5) If it is not reasonably practicable to comply with
subregulations (1), (2), (3) and (4), or only part of
a task may be undertaken in accordance with
those subregulations, and a risk of a fall remains,
the employer must reduce the risk, so far as is
reasonably practicable, by ensuring that—
(a) a fixed or portable ladder is used in
accordance with regulation 3.3.5; or
(b) an administrative control is used.
Note
Act compliance—section 21 (see regulation 1.1.7).
(6) In this regulation, solid construction means an
area that has⎯
(a) a surface that is structurally capable of
supporting people, material and any other
loads intended to be applied to it; and
(b) barriers around its perimeter and any open
penetrations to prevent a fall from the area;
and
(c) an even and readily negotiable surface and
gradient; and
(d) a safe means of access and egress.
3.3.5 Use of ladder as a control measure
An employer must ensure that a fixed or portable
ladder used in accordance with regulation 3.3.4 to
control the risk of a fall—
(a) is fit for the purpose; and
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(b) is appropriate for the duration of the task;
and
(c) is set up in a correct manner.
3.3.6 Use of administrative control only
(1) If an employer uses only an administrative control
in accordance with regulation 3.3.4 to control the
risk of a fall, the employer must, before the task is
undertaken, record—
(a) a description of the administrative control
used; and
(b) a description of the task to which the
administrative control relates.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) In complying with subregulation (1), an employer
may make a generic record in respect of a task to
which an administrative control relates if the task
will be undertaken in the same or similar
circumstances at more than one workplace or at
more than one work area within a workplace.
(3) The employer must retain a record made under
this regulation for the period during which the
task to which the administrative control relates is
being undertaken.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(4) The preparation of a safe work method statement
in accordance with regulation 5.1.9 is to be taken
to be compliance with subregulation (1).
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3.3.7 Use of plant to control risk
(1) An employer must ensure that any plant used to
control a risk of a fall is—
(a) designed and constructed for the task or
range of tasks to be undertaken; and
(b) designed and constructed in such a way as to
enable its safe use in the physical
surroundings in which it is to be used and the
conditions during which it is to be used.
Examples
Examples of physical surroundings are the type and
condition of supporting surface and proximity to powerlines
and trees.
Examples of conditions are lighting and weather conditions.
Note
Act compliance—section 21 (see regulation 1.1.7).
(2) An employer must ensure that the installation,
erection or dismantling of plant used to control the
risk of a fall is carried out in such a manner as to
reduce, so far as is reasonably practicable, any
risk while that installation, erection or dismantling
is being carried out.
Examples
Examples of the risks to be reduced are risks of a fall,
electric shock, crushing and musculoskeletal disorder.
Note
Act compliance—section 21 (see regulation 1.1.7).
3.3.8 Review of risk control measures
(1)
An employer must ensure that any measures
implemented to control risks in relation to falls are
reviewed and, if necessary, revised—
(a) before any alteration is made to plant or
systems of work that is likely to result in a
fall; or
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(b) after any incident occurs to which Part 5 of
the Act applies that involves a fall or the risk
of a fall; or
(c) if, for any other reason, the risk control
measures do not adequately control the risks;
or
(d) after receiving a request from a health and
safety representative.
Note
Act compliance—section 21 (see regulation 1.1.7).
(2) A health and safety representative may make a
request under subregulation (1)(d) if the health
and safety representative believes on reasonable
grounds that—
(a) any of the circumstances referred to in
subregulations (1)(a) to (1)(c) exists; or
(b) the employer has failed—
(i) to properly review the risk control
measures; or
(ii) to take account of any of the
circumstances referred to in
subregulations (1)(a) to (1)(c) in
conducting a review of, or revising, the
risk control measures.
3.3.9 Emergency procedures
(1) If an employer uses a risk control measure in
accordance with subregulation (2), (3), (4) or (5)
of regulation 3.3.4 to control the risk of a fall, the
employer must ensure that emergency procedures
are established in accordance with this regulation
before the task is undertaken.
Note
Act compliance—section 21 (see regulation 1.1.7).
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(2) An employer must ensure that emergency
procedures, so far as is reasonably practicable,
enable⎯
(a) the rescue of an employee in the event of a
fall; and
(b) the provision of first aid to an employee who
has fallen.
(3) An employer must ensure that an emergency
procedure can be carried out immediately after the
fall.
(4) An employer must ensure that any risk associated
with the carrying out of an emergency
procedure—
(a) is eliminated so far as is reasonably
practicable; and
(b) if it is not reasonably practicable to eliminate
the risk, is reduced so far as is reasonably
practicable.
Example
Examples of risks associated with the carrying out of
emergency procedures are risks of a fall, electric shock,
crushing and musculoskeletal disorder.
__________________
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PART 3.4—CONFINED SPACES
Division 1—Introductory matters
3.4.1 Application to employers of emergency service
employees
This Part does not apply to an employer of an
emergency service employee if at the direction of
the employer the employee is—
(a) undertaking the rescue of a person from a
confined space; or
(b) providing first aid to a person in a confined
space.
Division 2—Duties of designers, manufacturers and
suppliers of plant
3.4.2 Designers
A designer of plant that includes, or is intended to
include, a confined space must ensure that the
plant is designed so that—
(a) the need for any person to enter the space is
eliminated so far as is reasonably
practicable; or
(b) if it is not reasonably practicable to eliminate
the need to enter the space—
(i) the need to enter is reduced so far as is
reasonably practicable; and
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(ii) any risk associated with the means of
entry to and exit from the space is
eliminated so far as is reasonably
practicable or, if it is not reasonably
practicable to eliminate the risk,
reduced so far as is reasonably
practicable.
Note
Act compliance—section 27 (see regulation 1.1.7).
3.4.3 Manufacturers
A manufacturer of plant that includes, or is
intended to include, a confined space must ensure
that the plant is manufactured so that—
(a) the need for any person to enter the space is
eliminated so far as is reasonably
practicable; or
(b) if it is not reasonably practicable to eliminate
the need to enter the space—
(i) the need to enter is reduced so far as is
reasonably practicable; and
(ii) any risk associated with the means of
entry to and exit from the space is
eliminated so far as is reasonably
practicable or, if it is not reasonably
practicable to eliminate the risk,
reduced so far as is reasonably
practicable.
Note
Act compliance—section 29 (see regulation 1.1.7).
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3.4.4 Suppliers
(1) A supplier of plant that includes, or is intended to
include, a confined space must ensure, so far as is
reasonably practicable, that the plant has been
designed and manufactured in accordance with
regulations 3.4.2 and 3.4.3 before the plant is
supplied.
Note
Act compliance—section 30 (see regulation 1.1.7).
(2) If it is not reasonably practicable for a supplier to
comply with subregulation (1), the supplier must
ensure, before the plant is supplied, that—
(a) the need for any person to enter the confined
space is eliminated so far as is reasonably
practicable; or
(b) if it is not reasonably practicable to eliminate
the need to enter the space—
(i) the need to enter is reduced so far as is
reasonably practicable; and
(ii) any risk associated with the means of
entry to and exit from the space is
eliminated so far as is reasonably
practicable or, if it is not reasonably
practicable to eliminate the risk,
reduced so far as is reasonably
practicable.
Note
Act compliance—section 30 (see regulation 1.1.7).
Division 3—Duties of employers
3.4.5 Application of Division
In this Division a reference to a confined space in
relation to an employer means a confined space
under the management or control of the employer.
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3.4.6 Hazard identification
(1) An employer must, so far as is reasonably
practicable, identify all hazards to health or safety
associated with work in a confined space.
Notes
1
Act compliance—section 21 (see regulation 1.1.7).
2
See definition of work in a confined space in
regulation 1.1.5.
(2) An employer may carry out hazard identification
under subregulation (1) for a class of confined
space rather than for an individual confined space
if—
(a) all the confined spaces in the class are
similar; and
(b) the identification carried out for the class of
confined space does not result in any
employee being subject to any greater,
additional or different risk to health and
safety than if the identification were carried
out for each individual confined space.
3.4.7 Control of risk
(1) An employer must ensure that any risk associated
with work in a confined space is eliminated so far
as is reasonably practicable.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(2) If it is not reasonably practicable for an employer
to ensure that any risk associated with work in a
confined space is eliminated, the employer must
reduce that risk so far as is reasonably practicable
taking into account the following matters—
(a) the nature of the confined space; and
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(b) if a hazard is associated with the level of
oxygen or the level of any contaminant in the
atmosphere of the confined space, any
change that may occur in the level of oxygen
or contaminant; and
(c) the work required to be performed in the
confined space, the range of methods by
which the work can be done and the selected
method of working; and
(d) any work required to be performed outside
the confined space that may be associated
with a hazard; and
(e) the means of entry to and exit from the
confined space; and
(f) the type of emergency procedures required.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
3.4.8 Isolation of plant and services
An employer must ensure that any risk associated
with work in a confined space in relation to—
(a) the introduction of any substance or
condition from or by any plant or services
connected to the space; or
(b) the activation or energising in any way of
any plant or services connected to the
space—
is eliminated so far as is reasonably practicable or,
if it is not reasonably practicable to eliminate the
risk, is reduced so far as is reasonably practicable.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
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3.4.9 Atmosphere
(1) An employer must ensure, in relation to work in a
confined space, that—
(a) purging or ventilation of any contaminant in
the atmosphere of the space is carried out, so
far as is reasonably practicable; and
(b) pure oxygen or gas mixtures with oxygen in
a concentration greater than 21% by volume
are not used for purging or ventilation of any
contaminant in the atmosphere of the space.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(2) An employer must ensure, during work in a
confined space, that—
(a) the atmosphere of the space has a safe
oxygen level; or
(b) if it is not reasonably practicable to comply
with paragraph (a), the employee is provided
with air-supplied respiratory protective
equipment.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(3) An employer must ensure, during work in a
confined space, that—
(a) an employee is not exposed to an
atmospheric concentration of a contaminant
in the atmosphere of the space above the
exposure standard (if any) for that
contaminant; or
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(b) if it is not reasonably practicable to comply
with paragraph (a), the employee is provided
with air-supplied respiratory protective
equipment or other appropriate respiratory
protective equipment.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(4) An employer must ensure that an employee uses
the personal protective equipment provided under
this regulation.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(5) In this regulation purging means the method by
which any contaminant is displaced from a
confined space.
3.4.10 Fire or explosion
If there is a likelihood of fire or explosion in a
confined space, an employer must ensure that no
source of ignition is introduced to the space,
whether introduced from within or outside the
space.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
3.4.11 Flammable gases or vapours
(1) An employer must ensure during work in a
confined space that—
(a) so far as is reasonably practicable, the
concentration of any flammable gas or
vapour in the atmosphere of the space is
below 5% of its LEL; or
(b) if it is not reasonably practicable to comply
with paragraph (a) and the concentration of
any flammable gas or vapour in the
atmosphere of the space—
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(i) is equal to or greater than 5% but less
than 10% of its LEL, any employee is
removed immediately from the space
unless a suitably-calibrated,
continuous-monitoring, flammable gas
detector is used in the space while the
employee is in the space; or
(ii) is equal to or greater than 10% of its
LEL, any employee is removed
immediately from the space.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(2) In this regulation LEL (lower explosive limit) of a
flammable gas or vapour means the concentration
of that gas or vapour in air below which the
propagation of a flame does not occur on contact
with an ignition source.
3.4.12 Signs
(1) An employer must ensure that signs are erected
that comply with subregulation (2) in the
immediate vicinity of a confined space for any
period that—
(a) work is performed in the confined space; or
(b) work is performed in preparation for, or
completion of, work in the confined space.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) The signs must—
(a) identify the confined space; and
(b) notify employees that they must not enter the
confined space unless they have a confined
space entry permit; and
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(c) be clear and prominently positioned next to
each entry point to the confined space.
3.4.13 Review of risk control measures
(1) An employer must ensure that any measures
implemented to control risks in relation to work in
a confined space are reviewed and, if necessary,
revised—
(a) after any incident occurs to which Part 5 of
the Act applies that involves work in a
confined space; or
(b) if, for any other reason, the risk control
measures do not adequately control the risks;
or
(c) after receiving a request from a health and
safety representative.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(2) A health and safety representative may make a
request under subregulation (1)(c) if the health
and safety representative believes on reasonable
grounds that—
(a) the circumstances referred to in
subregulations (1)(a) and (1)(b) exist; or
(b) the employer has failed—
(i) to properly review the risk control
measures; or
(ii) to take account of the circumstances
referred to in subregulations (1)(a) and
(1)(b) in conducting a review of, or
revising, the risk control measures.
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3.4.14 Confined space entry permit
(1) An employer must ensure that an employee does
not enter a confined space unless the employer has
issued a confined space entry permit in
accordance with this regulation permitting the
employee to enter the confined space.
Note
Act compliance—section 21 (see regulation 1.1.7).
(2) A confined space entry permit—
(a) must only apply to one confined space; and
(b) may permit one or more employees to enter
that confined space.
(3) A confined space entry permit must list—
(a) the confined space to which the permit
applies; and
(b) the measures to control risk for the confined
space; and
(c) the name of any employee permitted to enter
the confined space; and
(d) if an employer assigns any person to perform
any function in relation to regulation 3.4.16,
the name of that person; and
(e) the period of time that the permit is in
operation.
3.4.15 Employer to retain entry permits
An employer must retain each confined space
entry permit issued by the employer for 30 days
from the date on which the permit ceases to be in
operation.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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3.4.16 Communication and initiation of emergency
procedures
An employer must ensure that when an employee
is working in a confined space—
(a) there is continuous communication from
outside the confined space between the
employer, or a person assigned by the
employer, and the employee in the confined
space; and
(b) the emergency procedures can be initiated
from outside the confined space.
Note
Act compliance—section 21 (see regulation 1.1.7).
3.4.17 Procedures to indicate entry into confined space
An employer must ensure that for the period of the
operation of the confined space entry permit, a
procedure is in place under which the employer,
or a person assigned by the employer, knows
when any employee is in the confined space.
Note
Act compliance—section 21 (see regulation 1.1.7).
3.4.18 Procedures to ensure exit from confined space
An employer must ensure that all employees have
exited a confined space on completion of work for
which a confined space entry permit is in
operation.
Note
Act compliance—section 21 (see regulation 1.1.7).
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3.4.19 Record of exit from confined space
An employer must ensure that there is a written
record that all employees have exited a confined
space on completion of work for which a confined
space entry permit is in operation.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
3.4.20 Emergency procedures
(1) An employer must ensure, in relation to work in a
confined space, that emergency procedures are
established, in accordance with this regulation, for
the control and management of an emergency in
the confined space, including procedures for—
(a) the rescue of any employee from the
confined space; and
(b) first aid to be provided to any employee in
the confined space and after rescue from the
confined space.
Note
Act compliance—section 21 (see regulation 1.1.7).
(2) The emergency procedures must take into
account—
(a) the matters referred to in regulations
3.4.7(2)(a) to 3.4.7(2)(e); and
(b) the matters referred to in regulations 3.4.16
and 3.4.17.
(3) An employer must ensure that the emergency
procedures are rehearsed by the relevant
employees.
Note
Act compliance—section 21 (see regulation 1.1.7).
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(4) An employer must ensure that the emergency
procedures are carried out as soon as is reasonably
possible after an emergency arises in a confined
space.
Note
Act compliance—section 21 (see regulation 1.1.7).
(5) An employer must ensure that any risk associated
with the carrying out of the emergency procedures
is—
(a) eliminated so far as is reasonably
practicable; or
(b) if it is not reasonably practicable to eliminate
the risk, reduced so far as is reasonably
practicable.
Note
Act compliance—section 21 (see regulation 1.1.7).
3.4.21 Emergency procedures—personal protective
equipment
(1) An employer must provide an employee with airsupplied respiratory protective equipment if the
employee enters, or carries out emergency
procedures in, a confined space in an
emergency—
(a) arising from an atmosphere that does not
have a safe oxygen level or has a harmful
level of any contaminant; or
(b) if there is a likelihood of a condition under
paragraph (a) arising while the employee is
in the confined space.
Note
Act compliance—section 21 (see regulation 1.1.7).
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(2) An employer must provide an employee with
appropriate personal protective equipment if the
employee enters or carries out emergency
procedures in a confined space in an emergency—
(a) arising from engulfment; or
(b) if there is a likelihood of a condition under
paragraph (a) arising while the employee is
in the confined space.
Note
Act compliance—section 21 (see regulation 1.1.7).
(3) An employer must ensure that an employee uses
the personal protective equipment provided under
this regulation.
Note
Act compliance—section 21 (see regulation 1.1.7).
3.4.22 Emergency procedures—entry and exit for rescue
(1) An employer must ensure that—
(a) openings for the entry to and exit from a
confined space are of adequate size to permit
the rescue of any employee in the space and
are not obstructed by fittings or plant that
could impede rescue; or
(b) if it is not reasonably practicable to comply
with paragraph (a), an alternative means of
entry to and exit from the space for rescue
purposes is provided.
Note
Act compliance—section 21 (see regulation 1.1.7).
(2) If an alternative means of entry to and exit from a
confined space for rescue purposes is provided
under subregulation (1)(b), the employer must
ensure that any risk associated with the alternative
means is—
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(a) eliminated so far as is reasonably
practicable; or
(b) if it is not reasonably practicable to eliminate
the risk, reduced so far as is reasonably
practicable.
Note
Act compliance—section 21 (see regulation 1.1.7).
3.4.23 Emergency procedures—maintenance of plant
An employer must ensure that any plant provided
for use in the emergency procedures is maintained
so that it is fit for the purpose.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
3.4.24 Information, instruction and training
An employer must ensure, in relation to work in a
confined space, that the relevant employees are
provided with information, instruction and
training in—
(a) the nature of any hazard associated with the
confined space; and
(b) the need for, and proper use of, measures to
control risk; and
(c) the selection, use, fit, testing and storage of
any personal protective equipment; and
(d) the contents of any confined space entry
permit relevant to the employees; and
(e) the emergency procedures.
Note
Act compliance—section 21 (see regulation 1.1.7).
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Division 4—Duties of self-employed persons
3.4.25 Self-employed person to have the same duties as an
employer
(1) A self-employed person must comply with the
requirements of Division 3 as if that person were
an employer.
(2) If a provision of Division 3 is an Act compliance
provision, compliance by a self-employed person
with that provision in respect of a matter is the
way that the self-employed person complies with
the self-employed person's duty under section 24
of the Act in respect of that matter.
(3) A self-employed person's duties under this
regulation apply only so far as to ensure, so far as
is reasonably practicable, that persons are not
exposed to risks to their health and safety arising
from the conduct of the undertaking of the selfemployed person.
__________________
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PART 3.5—PLANT
Division 1—Introductory matters
3.5.1 Application of Part
(1) This Part applies only to the following types of
plant—
(a) subject to subregulation (3), plant that
processes material by way of a mechanical
action that—
(i) cuts, drills, punches or grinds the
material; or
(ii) presses, forms, hammers, joins or
moulds the material; or
(iii) combines, mixes, sorts, packages,
assembles, knits or weaves the
material—
including plant where the functions set out in
subparagraphs (i), (ii) and (iii) are incidental
to the main purpose of the plant;
(b) subject to subregulation (3), plant that lifts or
moves people or materials (other than a ship,
boat, aircraft or, except as provided in
subregulation (4), a vehicle designed to be
used primarily as a means of transport on a
public road or rail);
(c) pressure equipment;
(d) tractors;
(e) earthmoving machinery;
(f) lasers;
(g) scaffolds;
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(h) temporary access equipment;
(i) explosive-powered tools;
(j) turbines;
(k) amusement structures.
(2) Unless specified otherwise, this Part applies to all
plant irrespective of the date on which the plant
was manufactured.
(3) Subregulations (1)(a) and (1)(b) do not include—
(a) plant that relies exclusively on manual power
for its operation; and
(b) plant that is designed to be primarily
supported by hand.
(4) Division 5 applies to a vehicle designed to be used
primarily as a means of transport on public roads
or rail, if that vehicle is being used in a workplace
other than a public road or rail.
3.5.2 Hazard identification may be for classes of plant
(1) This regulation applies to a person who—
(a) has a duty under Part 3 of the Act to
eliminate risks to health or safety in relation
to plant so far as is reasonably practicable;
and
(b) is required under this Part to identify the
hazards to that health or safety.
(2) A person referred to in subregulation (1) may
carry out procedures to identify the hazards to
health and safety for a class of plant rather than
for an individual item of plant if—
(a) all the plant in the class have similar
functions and productive capacity; and
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(b) the identification carried out for the class of
plant does not result in any person being
subject to a greater, additional or different
risk to health and safety than if the
identification were carried out for each
individual item of plant.
Division 2—Duties of designers of plant
3.5.3 Hazard identification
A designer of plant must ensure, so far as is
reasonably practicable, that all hazards associated
with the use of plant are identified during the
design of the plant.
Note
Act compliance—section 27 (see regulation 1.1.7).
3.5.4 Guarding
(1) If a designer of plant uses guarding as a measure
to control risk, the designer must, so far as is
reasonably practicable, ensure that the guarding
designed for that purpose will prevent access to
the danger point or danger area of the plant.
Note
Act compliance—section 27 (see regulation 1.1.7).
(2) If a designer of plant uses guarding as a measure
to control risk, the designer must ensure that—
(a) if access to the area of the plant requiring
guarding is not necessary during operation,
maintenance or cleaning of the plant, the
guarding is a permanently fixed physical
barrier; or
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(b) if access to the area of the plant requiring
guarding is necessary during operation,
maintenance or cleaning of the plant, the
guarding is an interlocked physical barrier
that allows access to the area being guarded
at times when that area does not present a
risk and prevents access to that area at any
other time; or
(c) if it is not reasonably practicable to use
guarding referred to in paragraph (a) or (b),
the guarding used is a physical barrier that
can only be altered or removed by the use of
tools; or
(d) if it is not reasonably practicable to use
guarding referred to in paragraph (a), (b)
or (c), the design includes a presence-sensing
safeguarding system that eliminates any risk
arising from the area of the plant requiring
guarding while a person or any part of a
person is in the area being guarded.
Note
Act compliance—section 27 (see regulation 1.1.7).
(3) If a designer of plant uses guarding as a measure
to control risk the designer must ensure that the
guarding is—
(a) designed to make by-passing or disabling of
the guarding, whether deliberately or by
accident, as difficult as is reasonably
possible; and
(b) designed so as not to cause a risk in itself.
Note
Act compliance—section 27 (see regulation 1.1.7).
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(4) If a designer of plant—
(a) uses guarding as a measure to control risk;
and
(b) the plant to be guarded contains moving
parts and those parts may break or cause
workpieces to be ejected from the plant—
the designer must ensure, so far as is reasonably
practicable, that the guarding will control any risk
from those broken or ejected parts and
workpieces.
Note
Act compliance—section 27 (see regulation 1.1.7).
(5) Despite anything to the contrary in this regulation,
any guarding a designer of plant uses as a measure
to control risk in relation to plant may be of a kind
that is able to be removed to allow convenient
repair, servicing and maintenance of plant at any
time that the plant is not in normal operation.
3.5.5 Operator's controls
(1) A designer of plant must ensure that the design
provides for any operator's controls for the plant
to be—
(a) suitably identified on the plant so as to
indicate their nature and function; and
(b) located so as to be readily and conveniently
operated by each person using the plant; and
(c) located or guarded to prevent unintentional
activation; and
(d) able to be locked into the "off" position to
enable the disconnection of all motive
power.
Note
Act compliance—section 27 (see regulation 1.1.7).
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(2) If the need for plant to be operated during
maintenance or cleaning cannot be eliminated, the
designer of the plant must ensure that the design
provides for controls that—
(a) permit operation of the plant while a person
is undertaking the maintenance or cleaning
of the plant; and
(b) cannot be operated by any person other than
the person who is carrying out the
maintenance or cleaning of the plant; and
(c) will allow operation of the plant in such a
way that any risk associated with the
activities in relation to any person who is
carrying out the maintenance or cleaning—
(i) is eliminated so far as is reasonably
practicable; or
(ii) if it is not reasonably practicable to
eliminate the risk, is reduced so far as is
reasonably practicable.
Note
Act compliance—section 27 (see regulation 1.1.7).
3.5.6 Operational stop controls and emergency stop
devices
(1) If plant is designed to be operated or attended by
more than one person and more than one stop
control is fitted, the designer of the plant must
ensure that the design provides for the multiple
stop controls to be of the "stop and lock-off" type
so that the plant cannot be restarted after a stop
control has been used unless each stop control is
reset.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
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(2) If the design of the plant includes an emergency
stop device for the plant, the designer of the plant
must ensure that the design provides—
(a) for the device to be prominent, clearly and
durably marked and immediately accessible
to each operator of the plant; and
(b) for any handle, bar or push button associated
with the device to be coloured red; and
(c) that the device cannot be adversely affected
by electrical or electronic circuit
malfunction.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
3.5.7 Warning devices
(1) If the design of the plant includes an emergency
warning device for the plant, the designer of the
plant must ensure that the design provides for the
device to be positioned on the plant to ensure the
device will work to best effect.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) If there is a likelihood of powered mobile plant
colliding with pedestrians or other powered
mobile plant, the designer must ensure that the
design of the plant incorporates a warning device
that will warn people who may be at risk from the
movement of the plant.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
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3.5.8 Provision of information to manufacturer
A designer of plant must ensure, when the design
of the plant is made available to the manufacturer,
that the manufacturer of the plant is provided with
information to enable the plant to be manufactured
in accordance with the design specifications and,
if applicable, with information relating to—
(a) the installation, commissioning,
decommissioning, use, transport, storage
and, if the plant is capable of being
dismantled, dismantling of the plant; and
(b) the hazards and any risk associated with the
use of the plant identified in accordance with
this Division; and
(c) testing or inspections to be carried out on the
plant; and
(d) the systems of work and competency of
operators that are necessary for the safe use
of the plant; and
(e) the emergency procedures (if any) that are
required to be implemented if there is a
malfunction of the plant.
Note
Act compliance—section 27 (see regulation 1.1.7).
3.5.9 Hazard identified in design during manufacture
If a manufacturer of plant advises the designer of
the plant under regulation 3.5.12(1)(c) that there is
a hazard in the design of plant for which the
designer has not provided a risk control, the
designer must—
(a) revise the information originally supplied to
the manufacturer to ensure that—
(i) the risk is eliminated so far as is
reasonably practicable; or
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(ii) if it is not reasonably practicable to
eliminate the risk, the risk is reduced so
far as is reasonably practicable; or
(b) instruct the manufacturer, in writing, that the
designer is of the opinion that it is not
necessary to revise the information originally
supplied to the manufacturer to ensure
compliance with this Part.
Note
Act compliance—section 27 (see regulation 1.1.7).
3.5.10 Records and information
(1) If the design of plant is required to be registered
under Part 6.2 (Registration), the designer of that
plant must make a record that contains—
(a) a record of the method used to determine the
risk controls for the plant and the risk
controls that result from that determination;
and
(b) a copy of the information provided to a
manufacturer under section 27(1)(c) of the
Act in relation to that plant; and
(c) a copy of the information provided to a
manufacturer under regulation 3.5.8 in
relation to that plant; and
(d) if applicable, a copy of the information
provided to a manufacturer under
regulation 3.5.9 in relation to that plant.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
Note
Regulation 3.5.47 provides for the requirement to be
registered.
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(2) A designer of plant must ensure that the record
made under subregulation (1) is retained in a
suitable state for inspection by the Authority for a
period of 10 years after the date of registration of
the design of the plant under Part 6.2
(Registration).
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
Note
If a person who designs plant is the person who registers the
plant design under Part 6.2 (Registration), that person must
also obtain a design verification statement in accordance
with regulation 6.2.3.
3.5.11 Record of standards or engineering principles used
(1) A designer of plant must record any published
technical standard, including any part of a
published technical standard, that was used to
design the plant.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) If a designer of plant does not use published
technical standards to design the plant, the
designer must record any engineering principles
used to design the plant.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(3) A designer of plant must ensure that the records
made under subregulations (1) and (2) are retained
in a suitable state for inspection by—
(a) the Authority; or
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(b) the person who verified the design of that
plant under regulation 6.2.3—
for a period of 10 years after the date on which the
design or information about the design is made
available to a manufacturer under regulation 3.5.8
or 3.5.9.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
Division 3—Duties of manufacturers of plant
3.5.12 Control of risk
(1) A manufacturer of plant must—
(a) ensure that the plant is manufactured and
inspected having regard to the information
provided to the manufacturer by the designer
of the plant under section 27(1)(c) of the Act
and Division 2; and
(b) if the information provided to the
manufacturer by the designer of the plant
under section 27(1)(c) of the Act and
Division 2 requires the plant to be tested,
ensure that the plant is tested in accordance
with that information; and
(c) ensure that if, during the manufacturing
process, any hazard is identified in the
design of the plant for which the designer
has not provided a risk control—
(i) that hazard is not incorporated into the
manufacture of the plant; and
(ii) the designer of the plant is advised in
writing of the hazard as soon as is
reasonably possible; and
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(iii) reasonable steps are taken to consult
with the designer of the plant regarding
the alteration of the design to rectify the
hazard; and
(d) if it is not possible to advise the designer of
the hazard in accordance with paragraph
(c)(ii), ensure that—
(i) the risk is eliminated, so far as is
reasonably practicable; or
(ii) if it is not reasonably practicable to
eliminate the risk, the risk is reduced so
far as is reasonably practicable.
Note
Act compliance—section 29 (see regulation 1.1.7).
(2) A manufacturer to whom subregulation (1)(c)
applies must not manufacture the plant until—
(a) the designer gives the manufacturer the
revised information or written instruction
under regulation 3.5.9; or
(b) the manufacturer eliminates or reduces the
risk in accordance with subregulation (1)(d).
Note
Act compliance—section 29 (see regulation 1.1.7).
(3) If the designer instructs a manufacturer of plant in
accordance with regulation 3.5.9(b), the
manufacturer may proceed in accordance with the
designer's original information.
3.5.13 Information must be obtained and provided
A manufacturer of plant must—
(a) take all reasonable steps to obtain the
information required to be provided to the
manufacturer by the designer of the plant
under section 27(1)(c) of the Act and
regulation 3.5.8; and
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(b) ensure that a person to whom the
manufacturer supplies the plant is provided
with the information provided to the
manufacturer by the designer under sections
27(1)(c)(i) and 27(1)(c)(iii) of the Act and
regulation 3.5.8 when the plant is supplied
by the manufacturer; and
(c) if the manufacturer acts in accordance with
regulation 3.5.12(1)(c), ensure that a person
to whom the manufacturer supplies the plant
is provided with the information, applicable
to the plant, that is required to be provided
by the designer under sections 27(1)(c)(i)
and 27(1)(c)(iii) of the Act and
regulation 3.5.9.
Note
Act compliance—section 29 (see regulation 1.1.7).
3.5.14 Records and information
(1) A manufacturer of plant must keep—
(a) a record of any published technical standard,
including any part of a published technical
standard, used to manufacture the plant; and
(b) any information provided to the
manufacturer by a designer under this Part or
the Act in respect of the plant.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) A manufacturer of plant must ensure that the
records and information referred to in
subregulation (1) are retained in a suitable state
for inspection by the Authority for a period of
10 years after the date of manufacture of the plant.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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Division 4—Duties of suppliers of plant
Subdivision 1—General
3.5.15 Application of Subdivision
This Subdivision does not apply to a person who
sells plant as an agent of a supplier.
Note
In this Subdivision a supplier includes an importing
supplier.
3.5.16 General duties
(1) A supplier of plant must ensure that the hazard
identification and control of risk measures set out
in Divisions 2 and 3 have been carried out in
relation to the design and manufacture of the plant
before the plant is supplied.
Note
Act compliance—section 30 (see regulation 1.1.7).
(2) This regulation does not apply to a requirement
that may be placed on a supplier in relation to the
fitting of roll-over protection on a tractor that
conveys its power to the ground directly by
wheels.
3.5.17 Information to be obtained and provided
(1) A supplier of plant must—
(a) in the case of new plant—
(i) take all reasonable steps to obtain the
information required to be provided to
the supplier by a manufacturer under
sections 29(1)(c)(i) and 29(1)(c)(iii) of
the Act and regulation 3.5.13; and
(ii) ensure that the person to whom the
plant is supplied is provided with
information provided to the supplier
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under sections 29(1)(c)(i) and
29(1)(c)(iii) of the Act and
regulation 3.5.13 when the plant is
supplied; and
(b) in the case of used plant, ensure that the
person to whom the plant is supplied is
provided, at the time the plant is supplied,
with—
(i) any information referred to in
paragraph (a) that is in the possession
of the supplier relating to safe use of
the plant; and
(ii) any record kept by the previous owner
of the plant required under this Part that
is in the possession of the supplier.
Note
Act compliance—section 30 (see regulation 1.1.7).
(2) If—
(a) in the case of new plant, a supplier of plant is
unable to obtain the information required
under subregulation (1)(a) to be provided to
the person to whom plant is supplied; or
(b) in the case of used plant, a supplier of plant
is not in possession of any information
required under subregulation (1)(b) to be
provided to the person to whom plant is
supplied—
the supplier must advise the person to whom the
plant is supplied, in writing, that the plant is being
supplied without the information required by
those provisions and that the plant should not be
used as plant without that information.
Note
Act compliance—section 30 (see regulation 1.1.7).
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(3) Subregulations (1) and (2) do not apply to a
supplier of plant who supplies plant under a hire
purchase agreement or hire purchase contract.
(4) A supplier of plant that is to be used as scrap
material must, when supplying that plant to a
person, advise the person in writing that the plant
is intended for use as scrap material.
Note
Act compliance—section 30 (see regulation 1.1.7).
3.5.18 Roll-over protection on tractors
(1) A supplier of plant must not supply a tractor
manufactured in, or imported into, Victoria on or
after 1 July 1981 unless it is fitted with roll-over
protection.
Note
Act compliance—section 30 (see regulation 1.1.7).
(2) This regulation applies only to a tractor that
conveys its power directly to the ground by
wheels.
(3) This regulation does not apply to—
(a) a tractor supplied for use at a workplace in
circumstances in which there is no likelihood
of the tractor overturning; or
(b) a tractor weighing less than 560 kilograms,
the weight being taken in the lightest form in
which the tractor is normally available for
retail sale when new and without water, fuel
or lubricating oil; or
(c) a tractor that the supplier intends to be used
for parts or scrap material.
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Subdivision 2—Supplier who hires or leases plant
3.5.19 Inspection and maintenance
A supplier of plant who hires or leases plant must
ensure that, between any hiring or leasing of the
plant, the plant is inspected and maintained to
ensure that the risk arising from the use of the
plant is eliminated so far as is reasonably
practicable or, if it is not reasonably practicable to
eliminate the risk, reduced so far as is reasonably
practicable.
Note
Act compliance—section 30 (see regulation 1.1.7).
3.5.20 Records
(1) A supplier of plant who hires or leases plant must
ensure that a record detailing any inspection or
maintenance carried out on the plant under
regulation 3.5.19 is made.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) A supplier of plant who hires or leases plant must
ensure that the record made under subregulation
(1) is retained while the supplier has management
or control of the plant.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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Subdivision 3—Agents who sell plant
3.5.21 Information must be obtained and provided
A person who sells plant as an agent of a supplier
must—
(a) before conducting the sale, obtain the
information, records or written advice (as the
case may be) required under
regulation 3.5.17 to be provided by a
supplier to the person to whom the plant is
supplied; and
(b) ensure that the information, records or
written advice (as the case may be)
provided by the supplier to the agent under
paragraph (a), are provided to the purchaser
of the plant on completion of the sale.
Note
Act compliance—section 30 (see regulation 1.1.7).
Division 5—Duties of employers who use plant
Subdivision 1—Application of Division
3.5.22 Application of Division
In this Division a reference to plant or any class of
plant in relation to an employer, means plant or a
class of plant that is under the management or
control of the employer.
Subdivision 2—Control of risk—generally
3.5.23 Hazard identification
(1) Subject to subregulation (2), an employer must, so
far as is reasonably practicable, identify all
hazards to health and safety associated with the
installation, commissioning, decommissioning,
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dismantling, erection and use of plant and the
systems of work associated with that plant.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(2) The employer's responsibilities under
subregulation (1) only relate to the hazards
associated with plant specifically applicable to the
workplace where the plant is used or located.
3.5.24 Control of risk
(1) An employer must ensure that any risk associated
with plant is eliminated so far as is reasonably
practicable.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(2) If it is not reasonably practicable to eliminate a
risk associated with plant, an employer must
reduce that risk so far as is reasonably practicable,
by—
(a) substituting the plant with plant that has a
lower level of risk; or
(b) using engineering controls; or
(c) isolating the plant from people.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(3) If it is not reasonably practicable for an employer
to reduce a risk associated with plant in
accordance with subregulation (2), the employer
may control that risk by the use of administrative
controls or personal protective equipment.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
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(4) Nothing in this Division, except regulation 3.5.22,
limits the operation of this regulation.
3.5.25 Guarding
(1) If an employer uses guarding as a measure to
control risk in relation to plant, the employer
must, so far as is reasonably practicable, ensure
that guarding designed for that purpose will
prevent access to the danger point or area of the
plant.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(2) If an employer uses guarding as a measure to
control risk in relation to plant, the employer must
ensure that—
(a) if access to the area of the plant requiring
guarding is not necessary during operation,
maintenance or cleaning of the plant, the
guarding is a permanently fixed physical
barrier; or
(b) if access to the area of the plant requiring
guarding is necessary during operation,
maintenance or cleaning of the plant, the
guarding is an interlocked physical barrier
that allows access to the area being guarded
at times when that area does not present a
risk and prevents access to that area at any
other time; or
(c) if it is not reasonably practicable to use
guarding referred to in paragraph (a) or (b),
the guarding used is a physical barrier that
can only be altered or removed by the use of
tools; or
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(d) if it is not reasonably practicable to use
guarding referred to in paragraph (a), (b)
or (c), a presence-sensing safeguarding
system is used that eliminates any risk
arising from the area of the plant requiring
guarding while a person or any part of a
person is in the area being guarded.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(3) An employer must ensure, so far as is reasonably
practicable, that any pipe or other part of the plant
associated with heat or cold, is adequately
insulated or guarded in a manner that ensures that
any risk to health or safety—
(a) is eliminated, so far as is reasonably
practicable; or
(b) if it is not reasonably practicable to eliminate
the risk, is reduced so far as is reasonably
practicable.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(4) If an employer uses guarding as a measure to
control risk in relation to plant the employer must
ensure that the guarding—
(a) makes by-passing or disabling of the
guarding, whether deliberately or by
accident, as difficult as is reasonably
possible; and
(b) does not cause a risk in itself.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(5) If an employer—
(a) uses guarding as a measure to control risk;
and
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(b) the plant to be guarded contains moving
parts and those parts may break or cause
workpieces to be ejected from the plant—
the employer must ensure, so far as is reasonably
practicable, that the guarding will control any risk
from those broken or ejected parts and
workpieces.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(6) Despite anything to the contrary in this regulation,
any guarding an employer uses as a measure to
control risk in relation to plant may be of a kind
that is able to be removed to allow convenient
repair, servicing and maintenance of plant at any
time that the plant is not in normal operation.
3.5.26 Operator's controls
(1) An employer must ensure that any operator's
controls for plant are—
(a) suitably identified on the plant so as to
indicate their nature and function; and
(b) located so as to be readily and conveniently
operated by each person using the plant; and
(c) located or guarded to prevent unintentional
activation; and
(d) able to be locked into the "off" position to
enable the disconnection of all motive
power.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(2) If the need for plant to be operated during
maintenance or cleaning of the plant cannot be
eliminated, the employer must ensure that the
plant is provided with controls that—
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(a) permit operation of the plant while a person
is undertaking the maintenance or cleaning
of the plant; and
(b) cannot be operated by any person other than
the person who is carrying out the
maintenance or cleaning of the plant; and
(c) will allow operation of the plant in such a
way that any risk associated with the
activities in relation to any person carrying
out the maintenance or cleaning—
(i) is eliminated so far as is reasonably
practicable; or
(ii) if it is not reasonably practicable to
eliminate the risk, is reduced so far as is
reasonably practicable.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
3.5.27 Operational stop controls and emergency stop
devices
(1) If plant is designed to be operated or attended by
more than one person and more than one stop
control is fitted, the employer must ensure that the
multiple stop controls are of the "stop and lockoff" type so that the plant cannot be restarted after
a stop control has been used unless each stop
control is reset.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) If the design of plant includes an emergency stop
device for the plant, the employer must ensure
that—
(a) the device is prominent, clearly and durably
marked and immediately accessible to each
operator of the plant; and
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(b) any handle, bar or push button associated
with the device is coloured red; and
(c) the device cannot be adversely affected by
electrical or electronic circuit malfunction.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
3.5.28 Warning devices
If the design of plant includes an emergency
warning device for the plant, the employer must
ensure that the device is positioned on the plant to
ensure the device will work to best effect.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
3.5.29 Installation, etc. of plant
An employer must ensure that—
(a) plant is installed or erected to provide
sufficient clear working area around the
plant to allow the plant to be used in a
manner that—
(i) eliminates the risk associated with the
activity, so far as is reasonably
practicable; or
(ii) if it is not reasonably practicable to
eliminate the risk, reduces the risk so
far as is reasonably practicable; and
(b) so far as is reasonably practicable, the layout
of plant in the workplace does not affect
access and egress to and from the workplace
to the extent that it presents a risk; and
(c) the plant is not commissioned unless the
employer has established, so far as is
reasonably practicable, that it is safe to
commission the plant; and
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(d) the plant is not decommissioned unless the
employer has established, so far as is
reasonably practicable, that it is safe to
decommission the plant; and
(e) the installation, erection, commissioning and
decommissioning and dismantling processes
include inspections that will ensure that the
risk associated with these activities is
monitored.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
3.5.30 Use of plant
An employer must ensure that—
(a) plant is inspected to the extent necessary to
ensure that the risk associated with the use of
the plant is monitored; and
(b) measures are provided to prevent—
(i) alterations to the plant that have not
been permitted by the employer; or
(ii) interference with the plant.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
3.5.31 Record of inspections and maintenance
If plant is required to be registered under Part 6.2
(Registration), an employer must ensure that any
record of inspections and maintenance carried out
on the plant is retained for the period that the
employer has management or control of the plant.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
Note
See regulation 3.5.50.
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3.5.32 Plant not in use
An employer must ensure that when plant is not in
use it is left in a state that does not create a risk, so
far as is reasonably practicable, for any person.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
Subdivision 3—Control of risk in relation to specific plant
3.5.33 Subdivision not to limit regulations 3.5.24 to 3.5.32
Nothing in this Subdivision limits the duties,
requirements, obligations or liability of an
employer under regulations 3.5.24 to 3.5.32.
3.5.34 Powered mobile plant
(1) An employer must ensure that the risk of—
(a) powered mobile plant overturning; or
(b) objects falling on the operator of the plant; or
(c) the operator being ejected from the plant—
is eliminated so far as is reasonably practicable or,
if it is not reasonably practicable to eliminate the
risk, reduced so far as is reasonably practicable.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(2) The employer must ensure that, so far as is
reasonably practicable, an appropriate
combination of operator protective devices is
provided, maintained and used to reduce, so far as
is reasonably practicable, the risks to the operator
set out in subregulation (1).
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
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(3) Subregulation (2) does not apply in relation to the
fitting of roll-over protection on a tractor that
conveys its power to the ground directly by
wheels.
Note
See regulation 3.5.36.
(4) An employer must ensure that the risk of powered
mobile plant colliding with pedestrians or other
powered mobile plant is—
(a) eliminated so far as is reasonably
practicable; or
(b) if it is not reasonably practicable to eliminate
the risk, reduced so far as is reasonably
practicable.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(5) An employer must ensure, so far as is reasonably
practicable, that no person, other than the
operator, rides on powered mobile plant unless the
person is afforded a level of protection from
exposure to a risk that is equivalent to that
provided to the operator.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
3.5.35 Warning devices on powered mobile plant
If there is a likelihood of powered mobile plant
colliding with pedestrians or other powered
mobile plant, an employer must ensure that the
plant has a warning device that will warn people
who may be at risk from the movement of the
plant.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
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3.5.36 Roll-over protection on tractors
(1) An employer must ensure that a tractor is not used
at the employer's workplace unless it is fitted with
roll-over protection.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(2) This regulation only applies to a tractor that
conveys its power directly to the ground by
wheels.
(3) This regulation does not apply to—
(a) a tractor manufactured in, or imported into,
Victoria before 1 July 1981 if it is not
reasonably practicable to fit roll-over
protection to the tractor; or
(b) a tractor used at a workplace in
circumstances in which there is no likelihood
of the tractor overturning; or
(c) a tractor that is fitted with roll-over
protection that has been temporarily removed
or lowered for the period during which it is
being used under a tree or other vegetation or
in another place where there is insufficient
space for the tractor to operate effectively
while the roll-over protection is fitted; or
(d) a tractor weighing less than 560 kilograms,
the weight being taken in the lightest form in
which the tractor is normally available for
retail sale when new and without water, fuel
or lubricating oil.
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3.5.37 Industrial lift trucks
(1) An employer must ensure that an industrial lift
truck is—
(a) equipped with lifting attachments that are
appropriate to the load to be lifted or moved;
and
(b) used in a manner that ensures that the risk to
the operator of the truck that arises from
systems of work and the environment in
which the truck is used is eliminated so far as
is reasonably practicable or, if it is not
reasonably practicable to eliminate the risk,
reduced so far as is reasonably practicable.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(2) An employer must ensure that any person, other
than the operator, who rides on an industrial lift
truck, is seated in a seat that is—
(a) specifically designed for carrying a
passenger; and
(b) fitted with appropriate seat restraints; and
(c) located within the zone of protection that is
provided by the operator protective device
required to be fitted to the industrial lift
truck.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
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3.5.38 Warning devices on industrial lift trucks
An employer must ensure that an industrial lift
truck is fitted with warning devices that are
appropriate to effectively warn people who may
be at risk from the movement of the industrial lift
truck.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
3.5.39 Electrical plant and electrical hazards
An employer must, in respect of electrical plant
and plant exposed to an electrical hazard, ensure
that—
(a) if damage to plant presents an electrical
hazard, the plant is disconnected from the
power supply and is not used until the
damaged part is repaired or replaced; and
(b) electrical plant or plant that is exposed to an
electrical hazard is not used under conditions
that are likely to give rise to electrical
hazards; and
(c) appropriate permit to work systems are
provided to avoid inadvertent energising of
plant that has been isolated but not
physically disconnected from the electrical
supply.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
3.5.40 Plant used to lift or suspend loads
(1) This regulation does not apply to plant used in
connection with—
(a) the performance of stunt work; or
(b) the performance of acrobatics; or
(c) a theatrical performance.
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(2) In respect of plant that is used to lift or suspend
people, equipment or materials, an employer must
ensure that—
(a) so far as is reasonably practicable, the plant
is specifically designed to lift or suspend
those loads; and
(b) all lifting or suspending is carried out—
(i) with lifting attachments that are
appropriate to the load to be lifted or
suspended; and
(ii) within the safe working limits of the
plant; and
(c) subject to subregulation (4), so far as is
reasonably practicable, no loads are
suspended over, or travel over, a person; and
(d) loads are lifted or suspended in a way that
ensures that the load remains under control
during the activity; and
(e) so far as is reasonably practicable, no load is
lifted simultaneously by more than one piece
of plant.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(3) If it is not reasonably practicable to use plant to
lift or suspend loads that is specifically designed
for the purpose, the employer must ensure that—
(a) the plant used to lift or suspend the load does
not cause a greater risk than if specifically
designed plant were to be used; and
(b) if the plant is lifting or suspending people—
(i) the people are lifted or suspended in a
work box that is securely attached to
the plant; and
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(ii) the people in the work box substantially
remain within the confines of the work
box while they are being lifted or
suspended; and
(iii) if there is a risk of a person falling from
a height, a safety harness is provided
and worn by the person in order to
prevent, so far as is reasonably
practicable, injury to the person as a
result of the fall; and
(iv) means are provided by which the
people being lifted or suspended can
have safe egress from the plant in the
event of a failure in the normal
operation of the plant.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(4) Subregulation (2)(c) does not apply to plant that is
an amusement structure.
3.5.41 Lifts
(1) This regulation applies to a lift over which an
employer has management or control, including a
lift over which the employer has management or
control of its maintenance.
(2) An employer must ensure that—
(a) if there is a risk of a person falling down a
lift well—
(i) secure barriers are provided to preclude
access to openings into the lift well by
someone other than a person who is
performing work in the lift well; and
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(ii) secure working platforms or equivalent
arrangements are provided for a person
who is working in the lift well to
prevent a fall from height; and
(b) if there is a risk to a person working in a lift
well as a result of objects falling on to that
person, a secure barrier is provided to
prevent, so far as is reasonably practicable,
falling objects from striking the person or
otherwise causing a risk; and
(c) if there is a risk to a person working in a lift
well as a result of movement of a lift car,
measures are taken to ensure the risk is
eliminated or, if it is not reasonably
practicable to eliminate the risk, reduced so
far as is reasonably practicable.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(3) If a lift is required to be registered under Part 6.2
(Registration), an employer must ensure that any
risk to people travelling in the lift, associated with
the use of a lift, is—
(a) eliminated so far as is reasonably
practicable; or
(b) if it is not reasonably practicable to eliminate
the risk, reduced so far as is reasonably
practicable.
Notes
1
Act compliance—sections 21 and 23 (see
regulation 1.1.7).
2
Regulation 3.5.50 for the requirement to be registered.
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3.5.42 Notice of safe working load of lift
If regulation 3.5.41(3) applies to an employer in
respect of a lift, the employer must ensure that
there is fixed, in a conspicuous place in the lift, a
legible notice that states the safe working load
specified in the design of the lift.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
3.5.43 Scaffolds
An employer must ensure, in relation to scaffolds,
that—
(a) no work, other than the work of erecting or
dismantling the scaffold, is performed from a
scaffold unless the scaffold, or the relevant
part of the scaffold, is complete; and
(b) the scaffold is secure and capable of
supporting the work to be performed on the
scaffold; and
(c) on becoming aware that the scaffold or its
supporting structure is in an unsafe
condition, appropriate repairs, alterations or
additions are carried out before the relevant
part of the scaffold is used; and
(d) if a scaffold is left unattended, people who
would not ordinarily be using the scaffold
are prevented, so far as is reasonably
practicable, from gaining access to the
scaffold.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
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Subdivision 4—Other duties
3.5.44 Review of risk control measures
(1) An employer must ensure that any measures
implemented to control risks in relation to plant or
its associated systems of work are reviewed and, if
necessary, revised—
(a) before the plant is used for the first time in a
workplace; or
(b) before any alteration is made to the plant or
any change is made in the way the plant is
used or in its associated systems of work,
including a change in the location of the
plant; or
(c) if new or additional information about
hazards or risks relating to the plant or its
associated systems of work becomes
available to the employer; or
(d) after any incident occurs to which Part 5 of
the Act applies that involves the plant or its
associated systems of work; or
(e) if, for any other reason, the risk control
measures do not adequately control the risks;
or
(f) after receiving a request from a health and
safety representative.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(2) A health and safety representative may make a
request under subregulation (1)(f) if the health and
safety representative believes on reasonable
grounds that—
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(a) any of the circumstances referred to in
subregulations (1)(a) to (1)(e) exists; or
(b) the employer has failed—
(i) to properly review the risk control
measures; or
(ii) to take account of any of the
circumstances referred to in
subregulations (1)(a) to (1)(e) in
conducting a review of, or revising, the
risk control measures.
3.5.45 Information, instruction and training
(1) This regulation applies in addition to the
requirements of regulation 2.1.2.
(2) This regulation applies if a hazard related to plant
and its associated systems of work is identified
under regulation 3.5.23.
(3) The employer must ensure that employees likely
to be exposed to the risk, and any person
supervising the employees, are trained and
provided with information and instruction in—
(a) the processes used for hazard identification
and control of risk; and
(b) the safety procedures associated with the use
of the plant at the workplace; and
(c) the use, fit, testing and storage of personal
protective equipment, if personal protective
equipment forms part of the risk control
measures.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
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(4) The employer must ensure that any person
involved in a plant activity is provided with
information, which is available to the employer,
on how the activity can be carried out so as to
ensure the risk to the person while carrying out the
activity is—
(a) eliminated so far as is reasonably
practicable; or
(b) if it is not reasonably practicable to eliminate
the risk, reduced so far as is reasonably
practicable.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(5) The duties of an employer under subregulation (3)
in respect of lifts do not apply to employees who
travel in a lift, other than employees who perform
work on the lift.
(6) In this regulation plant activity means—
(a) commissioning or installing plant; or
(b) testing of plant; or
(c) decommissioning, dismantling or disposal of
plant; or
(d) inspection or maintenance of plant.
Division 6—Duties of self-employed persons
3.5.46 Self-employed person to have the same duties as
employer
(1) A self-employed person must comply with the
requirements of Division 5 (except
regulation 3.5.45) as if that person were an
employer.
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(2) If a provision of Division 5 is an Act compliance
provision, compliance by a self-employed person
with that provision in respect of a matter is the
way that the self-employed person complies with
the self-employed person's duty under section 24
of the Act in respect of that matter.
(3) A self-employed person's duties under this
regulation apply only so far as to ensure, so far as
is reasonably practicable, that persons are not
exposed to risks to their health and safety arising
from the conduct of the undertaking of the selfemployed person.
Division 7—Plant designs and items of plant to be registered
Subdivision 1—Registration of plant designs
3.5.47 Plant designs to be registered
(1) The design of an item of plant specified in Part 1
of Schedule 2, must be registered in accordance
with Part 6.2 (Registration).
Notes
1
See section 40(2) of the Act.
2
Part 6.2 (Registration) sets out the process for
obtaining registration.
3
See regulation 8.1.3 for the saving of existing
registrations.
(2) Subregulation (1) does not apply to a design that
was started before 1 July 1995.
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3.5.48 Altered plant designs to be registered
(1) If the design of an item of plant specified in Part 1
of Schedule 2 that is registered under Part 6.2
(Registration) is altered to an extent that the plant
is subject to new measures to control risk, the
altered design must be registered in accordance
with Part 6.2 (Registration).
Note
See section 40(2) of the Act.
(2) An altered design of an item of plant must also be
registered in accordance with Part 6.2
(Registration) if—
(a) the design of the plant before it was altered
was not required to be registered under
Part 6.2 because of regulation 3.5.47(2) or
3.5.49; and
(b) the design is altered to an extent that the
plant is subject to new measures to control
risk; and
(c) in the case of an alteration to a design
referred to in regulation 3.5.49, the altered
design has not been registered by the
corresponding Authority that registered the
original plant design.
Note
See section 40(2) of the Act.
3.5.49 Recognition of interstate designs
(1) A design of an item of plant is not required to be
registered under Part 6.2 (Registration) if the
design has been registered by a corresponding
Authority under statutory requirements that are
substantially equivalent to that Part.
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(2) A design referred to in subregulation (1) that is
altered is not required to be registered under
Part 6.2 (Registration) if the altered design has
been registered by the corresponding Authority
that registered the original plant design.
(3) Subregulations (1) and (2) do not apply to a
registration by a corresponding Authority if the
Victorian WorkCover Authority determines that
this regulation is not to apply to that class of
registration.
Note
The Mutual Recognition (Victoria) Act 1998 may apply.
(4) In this regulation registration by a corresponding
Authority includes confirmation or approval by
that corresponding Authority.
Subdivision 2—Registration of items of plant
3.5.50 Items of plant to be registered
An item of plant specified in Part 2 of Schedule 2
must be registered in accordance with Part 6.2
(Registration).
Notes
1
See section 40(2) of the Act.
2
Part 6.2 (Registration) sets out the process for
obtaining registration.
3
See regulation 8.1.3 for the saving of existing
registrations.
3.5.51 Recognition of interstate registration
(1) An item of plant is not required to be registered
under Part 6.2 (Registration) if the plant has been
registered by a corresponding Authority under
statutory requirements that are substantially
equivalent to that Part.
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(2) Subregulation (1) does not apply to a registration
by a corresponding Authority if the Victorian
WorkCover Authority determines that this
regulation is not to apply to that class of
registration.
Note
The Mutual Recognition (Victoria) Act 1998 may also
apply.
(3) In this regulation registration by a corresponding
Authority includes confirmation or approval by
that corresponding Authority.
__________________
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PART 3.6—HIGH RISK WORK
Division 1—Requirement to be licensed
3.6.1 Requirement to hold a licence
(1) Subject to regulation 3.6.3, a person must not do
any high risk work unless he or she holds an
appropriate high risk work licence in relation to
the work.
Notes
1
See section 40(4) of the Act.
2
Part 6.1 (Licences) sets out the process for obtaining a
high risk work licence.
3
Regulation 8.2.3 provides for existing certificates of
competency to continue to have effect as if they were
licences for a specified period.
(2) A person who holds a high risk work licence for
rigging work is not required to also hold a high
risk work licence for crane or hoist operation for
the purpose of setting up or dismantling a crane or
hoist if the operation of the crane or hoist is
integral to the setting up or dismantling of the
crane or hoist.
3.6.2 Employer must not use unlicensed employees to do
high risk work
An employer must not allow an employee to do
any high risk work unless—
(a) the employee holds an appropriate high risk
work licence in relation to that work; or
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(b) regulation 3.6.3(1)(a) or 3.6.3(1)(b) applies
to the employee.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
Note
Regulation 7.2.2 enables an employer to seek an exemption
from this subregulation in relation to particular high risk
work.
3.6.3 Exceptions
(1) Regulation 3.6.1(1) does not apply to a person—
(a) who is undertaking training for the purpose
of obtaining a high risk work licence; or
(b) who is a person who is authorised to work
under regulation 3.6.10; or
(c) who is performing work under the terms of
an exemption granted to the person's
employer under regulation 7.2.2.
Note
Regulation 7.2.2 enables an employer to seek an exemption
in relation to particular high risk work.
(2) Regulations 3.6.1 and 3.6.2 do not apply to
prevent a person from operating, or employing
another person to operate, any of the classes of
pressure equipment listed in Schedule 4 if the
conditions (if any) set out in Schedule 4 in relation
to that equipment have been, or are being (as the
case may be), complied with.
3.6.4 Recognition of interstate licences
(1) In this Division, a reference to a high risk work
licence includes a reference to an equivalent
licence or certificate—
(a) that was issued by a corresponding
Authority; and
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(b) that is being used in accordance with the
terms and conditions under which it was
granted.
(2) Subregulation (1) does not apply to—
(a) a licence or certificate that is presently
suspended (either wholly or in relation to the
work being performed) in Victoria or another
Australian jurisdiction; or
(b) a licence or certificate if the Authority has
determined that this regulation is not to apply
to that class of licence or certificate.
Note
The Mutual Recognition (Victoria) Act 1998 may also
apply.
Division 2—Training
3.6.5 Person in training to be under direct supervision
(1) An employer of a trainee performing high risk
work at the workplace must ensure—
(a) that the trainee receives the directions,
demonstrations and monitoring appropriate
to the tasks assigned to the trainee and the
competence of the trainee so that the trainee
can perform the work in a manner that is safe
and without risks to health; and
(b) that should an emergency involving the
trainee arise, action to immediately rectify
any dangerous situation can be taken; and
(c) that the trainee is always under direct
supervision unless the person who oversees
the practical training of the trainee
reasonably believes—
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(i) that the circumstances of a particular
task make such direct supervision
impracticable or unnecessary; and
(ii) that the level of competence of the
trainee is such that direct supervision in
relation to that task is unnecessary; and
(iii) that the lesser degree of supervision
will not place the trainee or any other
person at risk.
Note
Act compliance—section 21 (see regulation 1.1.7).
(2) The employer must ensure that the direct
supervisor of a trainee is authorised by the
employer to oversee the trainee, and is a person
who holds a relevant high risk work licence.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
3.6.6 Person conducting training must ensure supervision
If a person who is undertaking a training course or
program carries out high risk work as part of the
course or program, the person or body conducting
the course or program must comply with all
obligations placed on an employer by
regulation 3.6.5 in respect of the person
undertaking the training.
Note
Act compliance—sections 23 and 24 (see regulation 1.1.7).
Division 3—Assessments of competency
3.6.7 How to obtain an assessment of competency
(1) A person may apply to a licence assessor for an
assessment of the person's competency to safely
perform particular high risk work to the standard
set by the relevant competency standard.
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(2) After carrying out the assessment of the
applicant—
(a) if the licence assessor is satisfied that the
applicant can meet the performance criteria
that apply to each element of competency in
the relevant competency standard under
workplace conditions, the licence assessor
must give the applicant a written notice
stating that the licence assessor is of that
opinion; or
(b) if the licence assessor is not so satisfied, the
licence assessor must give the applicant a
written notice stating that opinion and the
reasons why the licence assessor is of that
opinion.
(3) An applicant is entitled to be heard by the licence
assessor in relation to any action taken under
subregulation (2)(b).
3.6.8 Method of assessment
(1) A licence assessor must carry out any assessment
made for the purposes of regulation 3.6.7 in
accordance with the assessment instruments and
procedures for conducting assessments that the
Authority issues from time to time and makes
available to the licence assessor.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) The Authority may include in the assessment
instruments—
(a) techniques for directly observing the
applicant's performance of the work or skill
under workplace conditions;
(b) simulated work-related tasks to be
undertaken;
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(c) checklists to be completed by the applicant;
(d) projects or assignments to be completed by
the applicant;
(e) test questions;
(f) any other methods of assessment.
3.6.9 Process for re-assessment
An applicant who receives a notice of
unsatisfactory assessment under
regulation 3.6.7(2)(b) may apply to a licence
assessor for a re-assessment.
3.6.10 Person may work while application is being
processed
(1) This regulation applies to a person who has been
issued with—
(a) a statement of attainment; or
(b) a notice of a satisfactory assessment of
competency under regulation 3.6.7(2)(a).
(2) The person may perform any work to which the
statement or notice applies—
(a) for 60 days after the date of issue of the
statement or notice; and
(b) if the person applies for a licence within that
60 day period, until he or she is granted the
licence or until 14 days after he or she is
given written notice that the application has
been refused.
3.6.11 Authorisation to carry out assessments of
competency
(1) The Authority may authorise a person to carry out
assessments of competency in relation to a class
or classes of high risk work for the purpose of
these Regulations, for a specified period of time.
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(2) The authorisation must be in writing and specify
the class or classes of high risk work to which it
applies.
__________________
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CHAPTER 4—HAZARDOUS SUBSTANCES AND
MATERIALS
PART 4.1—HAZARDOUS SUBSTANCES
Division 1—Introductory matters
4.1.1 Application of Part
(1) This Part does not apply to the following classes
of substance if the use of the substance is not
related to a work activity—
(a) food within the meaning of the Food Act
1984; or
(b) therapeutic goods within the meaning of the
Therapeutic Goods (Victoria) Act 1994; or
(c) cosmetics; or
(d) tobacco or products made of tobacco; or
(e) toiletries and toilet products.
(2) This Part does not apply to—
(a) any culture or preparation of pathogenic
micro-organisms or other material capable of
causing disease in humans in respect of
which regulations may be made under
section 146(1)(n) of the Health Act 1958; or
(b) radioactive materials within the meaning of
the Radiation Act 2005; or
(c) asbestos.
(3) This Part applies to scheduled carcinogenic
substances.
(4) This Part does not apply to the transport of
hazardous substances.
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Division 2—Duties of manufacturers and suppliers
Subdivision 1—Introductory matters
4.1.2 Application of Division
(1) This Division applies to the manufacture and
supply of hazardous substances, including
hazardous substances containing lead.
Note
Supply includes supply of hazardous substances by an
importing supplier.
(2) In this Division, the duties of a manufacturer only
apply to the manufacture of a substance at a
workplace for sale or exchange to another
workplace.
(3) In this Division, the duties of a manufacturer or a
supplier do not apply in relation to a substance
that is produced as a waste—
(a) during the process of manufacturing a
substance; or
(b) when a substance is used at a workplace—
unless the waste is produced for the purpose of
sale or exchange to a workplace.
4.1.3 Certain regulations not to apply
Subdivision 2, and regulations 4.1.5 and 4.1.9 do
not apply to a substance supplied to a workplace
for the purpose of determining whether the
substance is a hazardous substance.
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Subdivision 2—Determination of substances
4.1.4 Determination of hazardous substances
(1) A manufacturer or an importing supplier of a
substance must determine whether a substance is a
hazardous substance before the substance is first
supplied to a workplace.
Notes
1
Act compliance—sections 29 and 30 (see
regulation 1.1.7).
2
A manufacturer or importing supplier must refer to the
HSIS or the Approved Criteria for Classifying
Hazardous Substances in making this determination:
see the definition of hazardous substance in
regulation 1.1.5.
(2) Subregulation (1) does not apply to a substance if
a determination in relation to that substance has
already been made under equivalent legislation.
Subdivision 3—Material Safety Data Sheet
4.1.5 Preparation of an MSDS
(1) A manufacturer or an importing supplier of a
hazardous substance must ensure that a Material
Safety Data Sheet is prepared in accordance with
regulation 4.1.6 before the substance is first
supplied to a workplace.
Note
Act compliance—sections 29 and 30 (see regulation 1.1.7).
(2) Subregulation (1) does not apply to a
manufacturer or an importing supplier who has
already prepared a Material Safety Data Sheet for
the substance in accordance with equivalent
legislation.
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4.1.6 What must an MSDS contain?
(1) The Material Safety Data Sheet for a hazardous
substance must be in English and be legible and
must contain—
(a) the product name of the substance; and
(b) the name, address and telephone number
of—
(i) the manufacturer of the substance in
Australia; or
(ii) the importing supplier in Australia of
the substance; and
(c) an Australian telephone number where
information about the substance can be
obtained in an emergency; and
(d) the date of preparation or last review of the
MSDS; and
(e) a statement that the substance is a hazardous
substance; and
(f) the hazard classification of the substance
determined in accordance with the HSIS or
the Approved Criteria for Classifying
Hazardous Substances; and
(g) the risk phrase and safety phrase for the
substance; and
(h) the chemical name for each Type I
ingredient; and
(i) for each Type II ingredient—
(i) its chemical name; or
(ii) if the identity of the ingredient is
commercially confidential, its generic
name; and
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(j) for each Type III ingredient which has a
known synergistic effect with another
ingredient that makes up the hazardous
substance—
(i) its chemical name; or
(ii) if the identity of the ingredient is
commercially confidential, its generic
name; and
(k) the proportion or proportion ranges for each
ingredient identified in paragraphs (h), (i)
and (j); and
(l) first aid measures to be taken in the event of
an incident or exposure involving the
substance; and
(m) emergency procedures to apply in the event
of an incident or exposure involving the
substance; and
(n) precautions for the safe use of the substance
including engineering controls and personal
protective equipment; and
(o) precautions for the safe storage and disposal
of the substance; and
(p) the exposure standard (if any) for the
substance or its ingredients; and
(q) the physical and chemical properties of the
substance or its ingredients including any
hazardous decomposition products likely to
be generated during normal use; and
(r) information on the health effects of the
substance or its ingredients.
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(2) Nothing in subregulation (1) prevents a
manufacturer or importing supplier from
preparing an MSDS with the information required
by that subregulation in appropriate languages in
addition to English.
4.1.7 Review and revision of MSDS
A manufacturer or an importing supplier of a
hazardous substance must ensure that the MSDS
for a substance is reviewed—
(a) as often as is necessary to ensure that the
MSDS contains current and accurate
information; and
(b) at least every 5 years.
Note
Act compliance—sections 29 and 30 (see regulation 1.1.7).
4.1.8 Duty to provide current MSDS
(1) A manufacturer or supplier of a hazardous
substance must ensure that a copy of the current
MSDS for the substance is provided—
(a) to any person to whom the substance is
supplied on or before the first occasion that
the substance is supplied to that person; and
(b) if the MSDS is reviewed, to any person to
whom the substance is supplied on or before
the first occasion that the substance is
supplied to that person after the review; and
(c) to any employer who intends to use that
hazardous substance in a workplace, on
request.
Notes
1
Act compliance—sections 29 and 30 (see
regulation 1.1.7).
2
In subregulation (1) a reference to "supplier" includes
importing supplier.
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(2) Subregulation (1) does not apply—
(a) to a retailer or a retail warehouse operator if
the hazardous substance is supplied in a
consumer package; or
(b) if the hazardous substance is supplied to the
fuel tank of a vehicle as fuel for that vehicle.
Subdivision 4—Labels
4.1.9 Manufacturers and importing suppliers must label
containers
(1) A manufacturer or an importing supplier of a
hazardous substance must label any container that
contains a hazardous substance in accordance with
subregulation (3) before the substance is supplied
to a workplace.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) Subregulation (1) does not apply if a container of
hazardous substance is supplied to a workplace for
the purposes of affixing the label in order to
comply with this regulation.
(3) The label must be in English, be legible and be
firmly secured, and must contain—
(a) the product name of the hazardous
substance; and
(b) the name, address and telephone number
of—
(i) the manufacturer of the substance in
Australia; or
(ii) the importing supplier of the substance
in Australia; and
(c) the chemical name for each Type I
ingredient; and
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(d) for each Type II ingredient—
(i) its chemical name; or
(ii) if the identity of the ingredient is
commercially confidential, its generic
name; and
(e) any relevant health and safety information
about the substance, including the
substance's risk phrases and safety phrases,
unless the container is so small that it is not
practical to provide that information; and
(f) the word "hazardous" clearly and
prominently displayed.
(4) Nothing in subregulation (1) prevents a
manufacturer or importing supplier from labelling
a container with the information required by that
subregulation in appropriate languages in addition
to English.
4.1.10 Recognition of other labelling systems
(1) A manufacturer or an importing supplier of a
hazardous substance need not comply with
regulation 4.1.9 (other than subregulation (3)(f))
if—
(a) the container is labelled in accordance with
equivalent legislation; or
(b) the substance is an agricultural chemical
product within the meaning of the AgVet
Code of Victoria and the container is labelled
in accordance with the Ag Labelling Code;
or
(c) the substance is a veterinary chemical
product within the meaning of the AgVet
Code of Victoria and the container is labelled
in accordance with the Vet Labelling Code;
or
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(d) the substance is "therapeutic goods" within
the meaning of the Therapeutic Goods
(Victoria) Act 1994 and the container is
labelled in accordance with an order in force
under section 10 of the Therapeutic Goods
Act 1989 of the Commonwealth; or
(e) the substance is a poison or controlled
substance within the meaning of the Drugs,
Poisons and Controlled Substances Act
1981 and the container is labelled in
accordance with the Poisons Standard within
the meaning of Part 6-3 of the Therapeutic
Goods Act 1989 of the Commonwealth.
(2) A manufacturer or an importing supplier of a
hazardous substance need not comply with
regulation 4.1.9(3)(f) if the manufacturer or
importing supplier complies with
subregulation (1) and is required to provide signal
words to be clearly and prominently displayed on
the label for that compliance.
(3) In this regulation—
Ag Labelling Code means the Ag Labelling Code
published by the APVMA on its Internet
site;
AgVet Code of Victoria has the same meaning as
it has in the Agricultural and Veterinary
Chemicals (Victoria) Act 1994;
APVMA means Australian Pesticides and
Veterinary Medicines Authority continued in
existence by the Agricultural and Veterinary
Chemicals (Administration) Act 1992 of the
Commonwealth;
Vet Labelling Code means the Vet Labelling
Code published by the APVMA on its
Internet site.
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4.1.11 Supplier must ensure container is labelled
A supplier (other than an importing supplier) of a
hazardous substance must ensure that the
container in which the substance is supplied to a
workplace is labelled with the manufacturer's or
the importing supplier's label.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
4.1.12 Disclosure of chemical name to registered medical
practitioner
A manufacturer or an importing supplier of a
hazardous substance must immediately disclose
the chemical name of an ingredient of a hazardous
substance to a registered medical practitioner if—
(a) the MSDS for the substance, or the label on
the container in which the substance is
supplied, does not disclose the chemical
name of the ingredient; and
(b) the registered medical practitioner requests
the chemical name of the ingredient to assist
with the management of a patient.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
Division 3—Duties of employers and self-employed persons
Subdivision 1—Prohibited hazardous substances
4.1.13 Prohibited hazardous substances
An employer or a self-employed person must
ensure that any hazardous substance—
(a) listed in Schedule 2 to the National Model
Regulations for the Control of Workplace
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Hazardous Substances as a prohibited
substance; or
(b) listed in Schedule 5 to these Regulations; or
(c) determined by the Authority to be a
prohibited substance—
is not used at the employer's or self-employed
person's workplace for any purpose specified in
those Schedules or that determination in respect of
that substance.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
Subdivision 2—Duties of employer
4.1.14 Application of Subdivision
(1) This Subdivision applies to—
(a) substances that have been determined under
regulation 4.1.4 or under equivalent
legislation to be hazardous substances and
are supplied to a workplace; and
(b) substances listed on the HSIS that are
produced or generated at a workplace from
non-hazardous substances.
Example
Examples of substances produced or generated at a
workplace from non-hazardous substances may include
welding fumes, wood dust, silica from grinding or cutting
silica-containing materials and lead from the hand sanding
of lead paint.
Note
An employer is not required to comply with Division 2 in
relation to a hazardous substance produced or generated at
the employer's workplace unless it is produced for sale or
exchange to another workplace. See regulation 4.1.2.
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(2) Except as provided in subregulation (3) this
Subdivision does not apply to lead metal, lead
alloys or inorganic lead compounds (including
lead salts of organic acids) in a prescribed lead
process under Part 4.4 (Lead), at a workplace.
Note
The use of organic lead compounds, such as tetraethyl lead,
is covered by this Part and not Part 4.4 (Lead).
(3) Regulations 4.1.15 to 4.1.21 and 4.1.23—
(a) apply to a hazardous substance containing
lead; and
(b) do not apply to the substances referred to in
subregulation (1)(b).
(4) In this Subdivision, a reference to a risk associated
with a hazardous substance at a workplace
includes a risk associated with—
(a) any consequential product, waste or
intermediate product generated at a
workplace from a supplied hazardous
substance; and
(b) any hazardous substance listed on the HSIS
that is produced or generated at a workplace
from a non-hazardous substance.
4.1.15 MSDS to be obtained
An employer must ensure that a current MSDS is
obtained on or before the first occasion that a
hazardous substance is supplied to the employer's
workplace.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
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4.1.16 Currency of MSDS
An employer must make reasonable inquiries as to
the currency of an MSDS obtained by the
employer if it was prepared more than 5 years
before the hazardous substance to which it relates
was supplied to the employer and the MSDS had
not been reviewed during that 5 year period.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
4.1.17 MSDS must be readily accessible
(1) An employer must ensure that the current MSDS
for a hazardous substance is readily accessible to
any employee who may be exposed to the
substance.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) Nothing in regulation 4.1.6 prevents an employer
from making the current MSDS accessible to
employees in appropriate languages in addition to
English.
4.1.18 Information in MSDS must not be altered
An employer must ensure that the information in a
current MSDS obtained under regulation 4.1.15 is
not altered.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
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4.1.19 Containers must be labelled
(1) An employer must ensure that a container in
which a hazardous substance is supplied to the
employer's workplace is labelled with the
manufacturer's or the importing supplier's label.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) An employer must ensure that the label on a
container in which a hazardous substance is
supplied to the employer's workplace—
(a) remains legible; and
(b) is not removed, defaced or altered.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(3) An employer must ensure that if a hazardous
substance is decanted into a container at the
employer's workplace—
(a) the container is clearly labelled with the
product name of the substance; or
(b) if it is not practical to label the container
with the product name of the substance, the
employer uses some other means of
identifying the substance.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(4) An employer is not required to comply with
subregulation (3) if a decanted substance is
consumed immediately and the container is then
immediately—
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(a) cleaned to the extent that it is not a risk to
health; or
(b) neutralised, cured or chemically deactivated
to the extent that any residue is not a risk to
health.
4.1.20 How long must a container be labelled?
If a container that contains a hazardous substance
is required to be labelled under regulation 4.1.19,
the employer must ensure that the container
remains labelled until—
(a) it has been cleaned to the extent that it is not
a risk to health; or
(b) its contents have been neutralised, cured or
chemically deactivated to the extent that any
residue is not a risk to health.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
4.1.21 Identification of hazardous substances in plant
An employer must ensure that a hazardous
substance contained in a pipe, piping system,
process vessel, reactor vessel or any plant that
forms part of a manufacturing process is identified
to employees who may be exposed to the
substance.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
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4.1.22 Identification of containers of waste
An employer must ensure that containers of waste
produced or generated in a workplace from a
hazardous substance are identified.
Notes
1
Act compliance—sections 21 and 23 (see
regulation 1.1.7).
2
An employer is not required to comply with Division 2
in relation to the waste unless the waste is produced for
sale or exchange for use at a workplace. See
regulation 4.1.2.
4.1.23 Register of hazardous substances
(1) An employer must ensure that a register is
prepared and maintained in accordance with
subregulation (2) of all hazardous substances
supplied to the employer's workplace.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) The register must contain—
(a) a list of the product names of the hazardous
substances supplied to the employer's
workplace; and
(b) a copy of the MSDS for each of the
hazardous substances supplied to the
employer's workplace.
(3) An employer must ensure that the register is
readily accessible to any employee who may be
exposed to a hazardous substance at the
employer's workplace.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(4) An employer is not required to comply with
subregulation (1) if the employer is a retailer or a
retail warehouse operator and—
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(a) the hazardous substance is supplied in a
consumer package; and
(b) the consumer package is intended for retail
sale; and
(c) the consumer package is not intended to be
opened on the premises of the retailer or
retail warehouse operator.
Note
This regulation does not exempt an employer who is a
retailer or retail warehouse operator from the duty under—
(a) regulation 4.1.15 to obtain an MSDS for each
hazardous substance used in his or her workplace or
intended for retail sale; or
(b) subregulation (1) to prepare and maintain a register in
relation to each hazardous substance opened on the
premises of his or her workplace.
4.1.24 Control of risk
(1) An employer must eliminate so far as is
reasonably practicable any risk associated with
hazardous substances at the employer's workplace.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(2) If it is not reasonably practicable to eliminate a
risk associated with hazardous substances at the
employer's workplace, the employer must reduce
that risk, so far as is reasonably practicable, by—
(a) substituting the substance with—
(i) a substance that is less hazardous; or
(ii) a less hazardous form of the substance;
or
(b) isolating employees from the source of
exposure to the hazardous substance; or
(c) using engineering controls; or
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(d) combining any of the risk control measures
in paragraphs (a), (b) and (c).
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(3) If an employer has complied with subregulations
(1) and (2) so far as is reasonably practicable and
a risk associated with a hazardous substance at the
workplace remains, the employer must use
administrative controls to reduce the risk, so far as
is reasonably practicable.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(4) If an employer has complied with subregulations
(1), (2) and (3) so far as is reasonably practicable
and a risk associated with a hazardous substance
at the workplace remains, the employer must
control the risk by providing appropriate personal
protective equipment to employees at risk.
Note
Act compliance—section 21 (see regulation 1.1.7).
4.1.25 Review of risk control measures
(1) An employer must ensure that any measures
implemented to control risks in relation to
hazardous substances in the workplace are
reviewed and, if necessary, revised—
(a) before any alteration is made to systems of
work that is likely to result in changes to
risks associated with hazardous substances in
the workplace; or
(b) if the employer receives advice from a
registered medical practitioner under
regulation 4.1.30(3)(c)(i) that adverse health
effects have been identified by the health
surveillance; or
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(c) after any incident occurs to which Part 5 of
the Act applies that involves a hazardous
substance in the workplace; or
(d) if, for any other reason, the risk control
measures do not adequately control the risks;
or
(e) after receiving a request from a health and
safety representative.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(2) A health and safety representative may make a
request under subregulation (1)(e) if the health
and safety representative believes on reasonable
grounds that—
(a) any of the circumstances referred to in
subregulations (1)(a) to (1)(d) exist; or
(b) the employer has failed—
(i) to properly review the risk control
measures; or
(ii) to take account of any of the
circumstances referred to in
subregulations (1)(a) to (1)(d) in
conducting a review of or revising the
risk control measures.
4.1.26 Exposure standard must not be exceeded
An employer must ensure that an employee is not
exposed to an atmospheric concentration of a
hazardous substance supplied to or generated at
the workplace above the exposure standard
(if any) for the substance or any of its ingredients.
Note
Act compliance—section 21 (see regulation 1.1.7).
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4.1.27 Atmospheric monitoring
(1) An employer must ensure that atmospheric
monitoring is carried out in respect of a hazardous
substance supplied to or generated at the
employer's workplace if there is an exposure
standard for the hazardous substance or any of its
ingredients and—
(a) there is uncertainty (based on reasonable
grounds) as to whether the exposure standard
is or may be exceeded; or
(b) atmospheric monitoring is necessary to
determine whether there is a risk to health.
Note
Act compliance—section 22(1) (see regulation 1.1.7).
(2) An employer is not required to comply with
subregulation (1) in relation to a hazardous
substance if health surveillance is required for that
substance under regulation 4.1.30 and the health
surveillance includes biological monitoring.
4.1.28 Provision of results of atmospheric monitoring
An employer must provide the results of any
atmospheric monitoring at the employer's
workplace as soon as is reasonably practicable to
any employee who has been, or who may be,
exposed to the hazardous substance that is the
subject of the monitoring.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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4.1.29 Records of atmospheric monitoring
(1) An employer must retain a record of the results of
atmospheric monitoring for—
(a) a period (not exceeding 30 years) that is
determined by the Authority; or
(b) 30 years, if no period has been determined
by the Authority.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) In determining a period for the purposes of
subregulation (1)(a), the Authority may specify
different periods for different hazardous
substances or different classes of hazardous
substances.
(3) An employer must ensure that the record of
atmospheric monitoring is accessible to any
employee who has been, or may be, exposed to
the hazardous substance that is the subject of the
monitoring.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
4.1.30 Health surveillance
(1) An employer must ensure that health surveillance
is provided for an employee if—
(a) the employee is exposed to any hazardous
substance—
(i) listed in column 1 of Schedule 3 to the
National Model Regulations for the
Control of Workplace Hazardous
Substances (except asbestos); or
(ii) determined by the Authority to be a
hazardous substance for which health
surveillance is required; and
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(b) the exposure of the employee to the
hazardous substance is such that an adverse
effect on the employee's health is reasonably
likely to occur under the particular
conditions of work at the workplace.
Note
Act compliance—section 22(1) (see regulation 1.1.7).
(2) The purpose of the health surveillance is to
monitor the employee's health for the purpose of
identifying changes in the employee's health status
due to occupational exposure to a hazardous
substance.
(3) The employer must ensure—
(a) that the health surveillance is performed
under the supervision of a registered medical
practitioner; and
(b) that a report of the health surveillance is
prepared by the registered medical
practitioner and a copy of the report is given
to the employer; and
(c) that the health surveillance report includes
(if relevant)—
(i) any indications of adverse health
effects identified by the registered
medical practitioner that may be
attributed to the hazardous substance;
and
(ii) any recommendations relating to the
need for the employer to take measures
to ensure that the employee is not
exposed to the substance for a specified
period of time; and
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(iii) an interpretation of the results of the
health surveillance, including a
statement by the registered medical
practitioner as to whether, in his or her
opinion, the employee should continue
working with the hazardous substance.
Note
Act compliance—section 22(1) (see regulation 1.1.7).
4.1.31 Copy of report to Authority
If an employer receives recommendations under
regulation 4.1.30(3)(c)(ii), the employer must
ensure that a copy of the health surveillance report
is provided to the Authority.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
4.1.32 Records of health surveillance
(1) An employer must retain any health surveillance
report given to the employer under
regulation 4.1.30(3) for—
(a) a period (not exceeding 30 years) that is
determined by the Authority; or
(b) if no period has been determined by the
Authority, 30 years.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) In specifying a period for the purposes of
subregulation (1)(a), the Authority may specify
different periods for different hazardous
substances or different classes of hazardous
substances.
__________________
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r. 4.2.1
PART 4.2—SCHEDULED CARCINOGENIC SUBSTANCES
4.2.1 Application of Part
This Part applies to scheduled carcinogenic
substances in addition to Part 4.1 (Hazardous
Substances).
4.2.2 Supply of scheduled carcinogenic substances
(1) A supplier of a scheduled carcinogenic substance
must not supply that substance to an employer or a
self-employed person unless the employer or selfemployed person holds a carcinogens licence
relating to that substance.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) A supplier of a scheduled carcinogenic substance
must—
(a) record the name and address of any person to
whom a scheduled carcinogenic substance is
supplied and the name and quantity of the
substance supplied; and
(b) obtain a copy of the relevant carcinogens
licence held by the person to whom a
scheduled carcinogenic substance is
supplied.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(3) The supplier must retain the record of supply and
the copy of the carcinogens licence for at least
5 years.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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4.2.3 Requirement to hold carcinogens licence
(1) A person must not perform work or carry out an
activity involving a Schedule 1 carcinogenic
substance at a workplace unless—
(a) the workplace is a laboratory; and
(b) the person—
(i) holds a licence to use a Schedule 1
carcinogenic substance at that
laboratory issued under Part 6.1
(Licences); or
(ii) is an employee of the holder of such a
licence.
Note
See section 40(4) of the Act.
(2) A person must not perform work or carry out an
activity involving a Schedule 2 carcinogenic
substance at a workplace that is a laboratory
unless the person—
(a) holds a licence to use a Schedule 2
carcinogenic substance at that laboratory
issued under Part 6.1 (Licences); or
(b) is an employee of the holder of such a
licence.
Note
See section 40(4) of the Act.
(3) A person must not perform work or carry out an
activity involving a Schedule 2 carcinogenic
substance at a workplace other than a laboratory
unless the person—
(a) holds a licence to use a Schedule 2
carcinogenic substance at that workplace
issued under Part 6.1 (Licences); or
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(b) is an employee of the holder of such a
licence.
Note
See section 40(4) of the Act.
(4) Despite anything to the contrary in this regulation,
a carcinogens licence is not required in respect of
a scheduled carcinogenic substance that is
supplied to the workplace of an employer or selfemployed person in a sealed container, if the
sealed container is not intended to be opened on
the premises of the employer or self-employed
person.
4.2.4 Records
(1) An employer must make a record in accordance
with subregulation (2) of each person who works
with a scheduled carcinogenic substance at the
employer's workplace.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) The record must contain—
(a) the person's full name; and
(b) the person's date of birth; and
(c) the person's residential address during the
period that the person worked with the
scheduled carcinogenic substance; and
(d) the name of each scheduled carcinogenic
substance that the person worked with at the
employer's workplace; and
(e) the period of time over which the person
worked with each of the scheduled
carcinogenic substances.
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(3) The employer must retain the record made under
subregulation (1) in relation to a person for
30 years from the date that the person last worked
with a scheduled carcinogenic substance at the
employer's workplace.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
4.2.5 Statement of work with scheduled carcinogenic
substance
(1) This regulation applies if a person has worked
with a scheduled carcinogenic substance at an
employer's workplace.
(2) The employer must give the person a written
statement in accordance with subregulation (3) at
the time when the person ceases to work at the
workplace.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(3) The written statement must contain—
(a) the name of any scheduled carcinogenic
substance that the person worked with at the
employer's workplace; and
(b) the period of time over which the person
worked with the scheduled carcinogenic
substance; and
(c) details of how and where records retained
under regulation 4.2.4 may be obtained; and
(d) a statement advising the person to have
periodical health assessments and details of
the types of tests that are relevant.
__________________
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r. 4.3.1
PART 4.3—ASBESTOS
Division 1—Introductory matters
4.3.1 Application of Part
This Part does not apply to construction or
demolition material—
(a) produced in accordance with an auditable
process, determined by the Authority, to
verify that asbestos-containing material has
been removed from that material; and
(b) of which less than 0·001% is asbestoscontaining material measured using a method
determined by the Authority.
Note
The processing of construction or demolition material to
remove asbestos-containing material in accordance with the
method determined under regulation 4.3.1(b) is covered in
Division 8.
Division 2—General requirements
4.3.2 Control risk of exposure—person who manages or
controls workplace
(1) A person who manages or controls a workplace—
(a) must eliminate so far as is reasonably
practicable the exposure of persons at the
workplace to airborne asbestos fibres; or
(b) if it is not reasonably practicable to eliminate
that exposure, must reduce that exposure so
far as is reasonably practicable.
Note
Act compliance—section 26 (see regulation 1.1.7).
(2) Without limiting subregulation (1), a person who
manages or controls a workplace must ensure that
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a person at the workplace is not exposed to an
atmospheric concentration of asbestos fibres
above the asbestos exposure standard.
Note
Act compliance—section 26 (see regulation 1.1.7).
(3) A person who manages or controls a workplace
must ensure that a determination of an employee's
exposure to airborne asbestos fibres in the
workplace is carried out if there is uncertainty
(based on reasonable grounds) as to whether the
asbestos exposure standard has been exceeded.
Note
Act compliance—sections 21 and 26 (see regulation 1.1.7).
(4) A person who manages or controls a workplace
must ensure that copies of the results of
atmospheric monitoring are accessible to an
employer at the workplace.
Note
Act compliance—section 26 (see regulation 1.1.7)
4.3.3 Control risk of exposure—employer or selfemployed person
(1) An employer or self-employed person—
(a) must eliminate so far as is reasonably
practicable the exposure of persons at the
workplace to airborne asbestos fibres, arising
from the undertaking of the employer or selfemployed person; or
(b) if it is not reasonably practicable to eliminate
that exposure, must reduce that exposure, so
far as is reasonably practicable.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
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(2) Without limiting subregulation (1), an employer
or self-employed person must ensure that a person
is not exposed to an atmospheric concentration of
asbestos fibres arising from the conduct of the
undertaking of the employer or self-employed
person above the asbestos exposure standard.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
4.3.4 Determination of employee's exposure
An employer must ensure that a determination of
an employee's exposure to airborne asbestos fibres
in the workplace is carried out if there is
uncertainty (based on reasonable grounds) as to
whether the asbestos exposure standard has been
exceeded.
Note
Act compliance—section 21, 23 and 24 (see
regulation 1.1.7).
4.3.5 Results of atmospheric monitoring to be available
An employer must ensure that copies of the results
of atmospheric monitoring for airborne asbestos
fibres at the workplace are accessible to the health
and safety representative of any affected
designated work group and to affected employees.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
4.3.6 Analysis by approved asbestos analyst
(1) If an analysis of any sample is required under this
Part the analysis must be undertaken by an
approved asbestos analyst.
(2) The analysis results must be reported in
accordance with the requirements of NATA or the
scheme under which the analyst was approved.
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Division 3—Prohibitions under the Occupational Health and
Safety Act 2004
4.3.7 Asbestos removal work
(1) An employer, a self-employed person or a person
who manages or controls a workplace must not
perform asbestos removal work, or arrange for
asbestos removal work to be performed, in respect
of the workplace unless—
(a) the person performing the asbestos removal
work—
(i) holds an asbestos removal licence that
permits the person to remove the
asbestos; or
(ii) is employed by a person who holds
such a licence; or
(b) the asbestos removal work is permitted under
regulation 4.3.45.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) This prohibition does not apply if the work is for
the purpose of sampling and identification.
4.3.8 Removal of contaminated protective clothing
(1) An employer or self-employed person must not
remove from a workplace protective clothing
contaminated with asbestos unless the clothing
is—
(a) disposed of—
(i) as soon as is reasonably practicable;
and
(ii) in an appropriate manner that
eliminates the release of airborne
asbestos fibres; and
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(iii) at a waste disposal site licensed by the
Environment Protection Authority; or
(b) laundered at a commercial laundry and for
that purpose the clothing is contained so as
to eliminate the release of airborne asbestos
fibres and the exterior of the container—
(i) is decontaminated before being
removed from the work area; and
(ii) indicates the presence of asbestos
before the clothing is transferred to the
laundry.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
(2) Subregulation (1) does not apply if the
contamination arises from asbestos removal work
under Division 7 or the carrying out of asbestos
related activities under Division 8.
Note
Divisions 7 and 8 have specific requirements relating to the
disposal and laundering of asbestos contaminated clothing.
4.3.9 Use of certain tools or instruments
(1) An employer or self-employed person must not
use the following or cause the following to be
used on asbestos unless the use is controlled—
(a) a broom; or
(b) a brush (except where the brush is used for
sealing); or
(c) a high pressure water jet, power tool or other
similar tool or instrument.
Note
Act compliance—sections 21, 23 and 24 (see regulation
1.1.7).
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(2) For the purposes of subregulation (1), the use of
the tool or instrument is controlled, if, while the
tool or instrument is in use—
(a) the tool or instrument is enclosed; or
(b) engineering controls are used; or
(c) a combination of the methods in paragraphs
(a) and (b) is used—
so that the employer or self-employed person
ensures that a person is not likely to be exposed to
more than one half of the asbestos exposure
standard.
(3) An employer or self-employed person must not
rely on respiratory protection devices to ensure
that one half of the asbestos exposure standard is
not exceeded.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
(4) Subregulations (1) to (3) do not apply to the
removal of asbestos undertaken within an
enclosed removal area in accordance with
Division 7.
(5) An employer or self-employed person must not
use or cause to be used compressed air or other
gases—
(a) on asbestos, except in areas enclosed to
prevent the release of airborne asbestos
fibres from the enclosed area; or
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(b) within 6 metres of an activity involving
asbestos unless the use of that air or gas does
not result in airborne asbestos fibres that
exceed one half of the asbestos exposure
standard.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
(6) An employer or self-employed person must not
rely on respiratory protection devices to control a
risk under subregulation (5)(b).
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
Division 4—Prohibitions under the Dangerous Goods
Act 1985
Note
The Australian Government restricts the import and export of
asbestos and goods containing asbestos under the Commonwealth
Customs (Prohibited Imports) Regulations 1956 and the
Commonwealth Customs (Prohibited Exports) Regulations 1958.
Subdivision 1—General
4.3.10 General exclusions
(1) The prohibitions specified in regulations 4.3.12 to
4.3.16 and 4.3.17(3) do not apply for the purpose
of—
(a) scientific analysis or research;
(b) sampling and identification;
(c) retention of asbestos samples for
demonstration, education or practical
training purposes;
(d) non-asbestos mining or the extraction of
stone if asbestos is encountered.
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(2) The prohibitions specified in regulations 4.3.12 to
4.3.17(1) and 4.3.17(3) do not apply to soil from
which visible asbestos-containing material has
been removed, so far as is reasonably practicable,
by the person proposing to supply, store,
transport, sell, use or re-use the soil.
Note
Any person supplying, storing, transporting, selling, using or
re-using soil must visually inspect the soil and remove any
visible asbestos-containing material from the soil.
(3) Regulations 4.3.12(2)(b), 4.3.13(2)(c),
4.3.14(2)(c) and 4.3.15(2)(b) expire on 1 February
2008.
Subdivision 2—Prohibitions
4.3.11 Manufacture of asbestos
(1) A person must not manufacture asbestoscontaining material.
(2) A person who contravenes subregulation (1) is
liable to a penalty not exceeding—
(a) 100 penalty units for a natural person; or
(b) 400 penalty units for a body corporate.
4.3.12 Supply of asbestos
(1) Subject to subregulation (2), a person must not
supply asbestos to any person.
(2) This prohibition does not apply to—
(a) the supply of asbestos fixed to or installed in
a building, structure, ship, plant, aircraft or
vehicle as at 31 December 2003;
(b) the supply of brake shoes lined with asbestos
for the purpose of re-lining the brake shoes
with material that does not contain asbestos.
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(3) A person who contravenes subregulation (1) is
liable to a penalty not exceeding—
(a) 100 penalty units for a natural person; or
(b) 400 penalty units for a body corporate.
4.3.13 Storage of asbestos
(1) Subject to subregulation (2), a person must not
store asbestos.
(2) This prohibition does not apply to—
(a) the storage of asbestos waste or nondisposable personal protective clothing likely
to be contaminated with asbestos that is—
(i) being stored for the purpose of
disposal, or in the case of nondisposable personal protective clothing
contaminated with asbestos, stored for
the purpose of laundering; and
(ii) stored securely and identified to
indicate the likely or actual presence of
asbestos; and
(iii) contained so as to eliminate the release
of airborne asbestos fibres; and
(iv) disposed of as soon as is reasonably
practicable, or, in the case of nondisposable personal protective clothing
contaminated with asbestos, laundered
as soon as is reasonably practicable;
(b) asbestos fixed to or installed in a building,
structure, ship, plant, aircraft or vehicle as at
31 December 2003;
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(c) the storage of brake shoes lined with
asbestos if the brake shoes are—
(i) being stored for the purpose of disposal
of the asbestos or awaiting supply in
accordance with regulation 4.3.12(2)(b)
or transport in accordance with
regulation 4.3.14(2)(c); and
(ii) stored securely and identified to
indicate the likely or actual presence of
asbestos; and
(iii) contained so as to eliminate the release
of airborne asbestos fibres.
(3) A person who contravenes subregulation (1) is
liable to a penalty not exceeding—
(a) 100 penalty units for a natural person; or
(b) 400 penalty units for a body corporate.
4.3.14 Transport of asbestos
(1) Subject to subregulation (2), a person must not
transport asbestos.
(2) This prohibition does not apply to—
(a) the transport of asbestos and asbestos waste
for the purpose of disposal or, in the case of
non-disposable personal protective clothing
contaminated with asbestos, for the purpose
of laundering;
Note
The Environment Protection Authority controls the
transportation of industrial-sourced asbestos waste.
Owners of vehicles that transport industrial-sourced
asbestos waste must hold a waste transport permit,
unless the vehicle is exempt.
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(b) the transport of asbestos fixed to or installed
in a building, structure, vehicle, aircraft, ship
or plant as at 31 December 2003;
(c) the transport of brake shoes lined with
asbestos for the purpose of re-lining the
brake shoes with material that does not
contain asbestos.
(3) A person who contravenes subregulation (1) is
liable to a penalty not exceeding—
(a) 100 penalty units for a natural person; or
(b) 400 penalty units for a body corporate.
4.3.15 Sale of asbestos
(1) Subject to subregulation (2), a person must not
sell asbestos.
(2) This prohibition does not apply to—
(a) the sale of asbestos fixed to or installed in a
building, structure, ship, plant, aircraft or
vehicle as at 31 December 2003;
(b) the sale of brake shoes lined with asbestos
for the purpose of re-lining the brake shoes
with material that does not contain asbestos.
(3) A person who contravenes subregulation (1) is
liable to a penalty not exceeding—
(a) 100 penalty units for a natural person; or
(b) 400 penalty units for a body corporate.
4.3.16 Use of asbestos
(1) A person must not use asbestos.
(2) This prohibition does not apply to asbestos fixed
to or installed in a building, structure, ship, plant,
aircraft or vehicle as at 31 December 2003.
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(3) A person who contravenes subregulation (1) is
liable to a penalty not exceeding—
(a) 100 penalty units for a natural person; or
(b) 400 penalty units for a body corporate.
4.3.17 Re-use, installation and replacement of asbestos
(1) A person must not fix asbestos-containing
material to, or install asbestos-containing material
in, any building, structure, ship, plant, aircraft or
vehicle.
(2) A person must not replace any part of a building,
structure, ship, vehicle, aircraft or plant with
asbestos-containing material.
(3) A person must not re-use any asbestos.
Note
When fixed or installed asbestos needs to be replaced, a
material that does not contain asbestos must be used.
(4) A person who contravenes subregulation (1), (2)
or (3) is liable to a penalty not exceeding—
(a) 100 penalty units for a natural person; or
(b) 400 penalty units for a body corporate.
4.3.18 Exemptions for chrysotile
(1) A person is not required to comply with
regulations 4.3.16 and 4.3.17 in relation to
asbestos-containing material until 1 January 2008
if—
(a) the asbestos-containing material contains
chrysotile asbestos (but not amphibole
asbestos) and is of a type, and for a use, that
falls within a category specified in
Schedule 6; and
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(b) the person has given a notice to the
Authority in accordance with
subregulation (2); and
(c) the person receives from the Authority a
confirmation of receipt of the notice.
(2) A notice referred to in subregulation (1)(b) must
state—
(a) the person's name and any registered
business name; and
(b) the person's contact details; and
(c) the category specified in Schedule 6 within
which the chrysotile asbestos falls; and
(d) the address of the premises where the person
will use, fix, install or re-use chrysotilecontaining material or will replace any
material with chrysotile-containing material;
and
(e) the quantity of chrysotile-containing
material; and
(f) if different from paragraph (b), the contact
details of the person immediately involved in
the use, fixing, installation or reuse of
chrysotile-containing material or in the
replacement of any material with chrysotilecontaining material; and
(g) the date of the notice; and
(h) the details of any consultation that occurred
with the health and safety representative of
an affected designated work group, or
affected employees if there is no health and
safety representative, in relation to the
proposed use, fixing, installation or re-use of
chrysotile-containing material or
replacement of any material with chrysotilecontaining material; and
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(i) the name and contact details of persons who
will supply, store, transport or sell the
chrysotile-containing material.
(3) Within 30 days after receiving a notice under
subregulation (1)(b), the Authority must—
(a) give the person who gave the notice a receipt
in writing that states that the Authority
confirms receipt of the notice; or
(b) in writing inform the person who gave the
notice—
(i) that the Authority defers confirming
receipt of the notice under
paragraph (a) because the notice
contains insufficient information; and
(ii) of what further information is required
by the Authority.
(4) The person who receives a confirmation of receipt
under subregulation (3)(a) must provide a copy of
the confirmation of receipt to any other person
who supplies, stores, transports or sells chrysotilecontaining material on behalf of the firstmentioned person.
(5) A person who is given a copy of a confirmation of
receipt under subregulation (4) is not required to
comply with regulation 4.3.12, 4.3.13, 4.3.14 or
4.3.15 when supplying, storing, transporting or
selling the chrysotile-containing material specified
in the confirmation of receipt.
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Division 5—Asbestos in workplaces
Subdivision 1—Application of Division
4.3.19 Application of Division
(1) This Division applies to a workplace where
asbestos-containing material is fixed or installed
in a building, structure, ship or plant.
Note
Plant would include plant that generally forms part of a
structure such as a lift, boiler, air-conditioning plant or plant
room.
(2) This Division does not apply to a domestic
premises that is a workplace only because of work
being performed by an employer or self-employed
person engaged to perform the work.
Subdivision 2—Duties of persons who manage or control
workplaces
4.3.20 Identification of asbestos
(1) A person who manages or controls a workplace
must, so far as is reasonably practicable, identify
all asbestos present that is under the person's
management or control.
Note
Act compliance—section 26 (see regulation 1.1.7).
(2) If there is uncertainty (based on reasonable
grounds) as to whether asbestos is present, or if
there are inaccessible areas that are likely to
contain asbestos, the person who manages or
controls the workplace must—
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(a) assume that asbestos is present; or
(b) arrange for analysis of a sample to be
undertaken.
Note
Act compliance—section 26 (see regulation 1.1.7).
(3) If asbestos is assumed to be present under
subregulation (2), it is taken to be identified for
the purposes of this Part.
(4) In relation to asbestos that is identified, the person
who manages or controls the workplace must
determine—
(a) the location of the asbestos; and
(b) the likely source of asbestos that is not fixed
or installed; and
(c) in relation to asbestos-containing material—
(i) the type of asbestos-containing
material; and
(ii) whether the asbestos-containing
material is friable or non-friable; and
(iii) the condition of the asbestos-containing
material; and
(iv) whether the asbestos-containing
material is likely to sustain damage or
deterioration; and
(d) so far as is possible, any activities likely to
be carried out in the workplace that are, in
view of their nature or design, likely to
damage or disturb the asbestos.
Note
Act compliance—section 26 (see regulation 1.1.7).
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(5) In relation to inaccessible areas that are likely to
contain asbestos, the person who manages or
controls the workplace must comply with
subregulations (4)(a) and (4)(b) so far as is
possible.
Note
Act compliance—section 26 (see regulation 1.1.7).
(6) In relation to asbestos that is identified, the person
who manages or controls the workplace must
ensure that—
(a) the presence and location of the asbestos is
clearly indicated; and
(b) if reasonably practicable, the indication is by
labelling.
Note
Act compliance—section 26 (see regulation 1.1.7).
4.3.21 Asbestos register
(1) A person who manages or controls a workplace
must record in an asbestos register, in accordance
with subregulation (2), the results of an
identification of asbestos conducted by the person
under regulation 4.3.20.
Note
Act compliance—section 26 (see regulation 1.1.7).
(2) The asbestos register must contain—
(a) information in relation to the matters
determined under regulation 4.3.20(4);
(b) details of inaccessible areas that are likely to
contain asbestos;
(c) the date of each identification.
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4.3.22 Asbestos register to be kept current
(1) A person who manages or controls a workplace
must revise the asbestos register to keep it current
and include any changes of condition and any
removal, enclosure or sealing of asbestos.
Note: Act compliance—section 26 (see regulation 1.1.7).
(2) Without limiting subregulation (1), the person
who manages or controls a workplace must ensure
that the asbestos register is reviewed and, if
necessary, revised at least every 5 years.
Notes
1
Act compliance—section 26 (see regulation 1.1.7).
2
See also the obligation to review and revise the
asbestos register under regulation 4.3.35.
4.3.23 Access to asbestos register
(1) A person who manages or controls a workplace
must provide a copy of the asbestos register to—
(a) any employer or self-employed person
whose business is located at the workplace;
and
(b) an asbestos licence holder engaged to do
asbestos removal work; and
(c) a person who is required to obtain a copy
under regulation 4.3.103, and who requests a
copy from the person who manages or
controls the workplace.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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(2) A person who manages or controls a workplace
must inform any person engaged to do work at
that workplace that involves the risk of exposure
to airborne asbestos fibres of the asbestos register
and must provide access to that register.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(3) If access is requested, a person who manages or
controls a workplace must provide access to the
asbestos register to any other person engaged by
that person to do work at that workplace.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
Note
This would include giving access to a "designer" under the
Act.
(4) If a copy is requested, a person who manages or
controls a workplace must provide a copy of the
asbestos register to an employer or self-employed
person who proposes to occupy the workplace.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
4.3.24 Provision of register by person relinquishing
management or control
If a person who manages or controls a workplace
is intending to relinquish management or control,
that person must provide a copy of the asbestos
register to the person, if any, assuming
management or control.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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4.3.25 Control of risk
(1) A person who manages or controls a workplace
must ensure that any risk associated with the
presence of asbestos is eliminated, so far as is
reasonably practicable, by removing the asbestoscontaining material.
Note
Act compliance—section 26 (see regulation 1.1.7).
(2) If it is not reasonably practicable to remove the
asbestos-containing material, a person who
manages or controls a workplace must enclose the
material to reduce, so far as is reasonably
practicable, any risk associated with the presence
of asbestos.
Note
Act compliance—section 26 (see regulation 1.1.7).
(3) If a person who manages or controls a workplace
has enclosed the asbestos-containing material so
far as is reasonably practicable and a risk remains,
the person who manages or controls the workplace
must seal the material to reduce, so far as is
reasonably practicable, any risk associated with
the presence of asbestos.
Note
Act compliance—section 26 (see regulation 1.1.7).
4.3.26 Review of risk control measures
A person who manages or controls a workplace
must ensure that any measures implemented to
control risks associated with the presence of
asbestos are reviewed, and, if necessary revised—
(a) before any change is made to the workplace
or a building, structure, ship or plant at the
workplace or a system of work that is likely
to disturb or damage any asbestos; or
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(b) after any incident occurs to which Part 5 of
the Act applies that is associated with the
presence of asbestos; or
(c) if, for any other reason, the risk control
measures do not adequately control the risks.
Note
Act compliance—section 26 (see regulation 1.1.7).
Subdivision 3—Duties of employer
4.3.27 Identification of asbestos
(1) An employer at any workplace to which this
Division applies must—
(a) if another person manages or controls a
workplace, obtain from that person a copy of
the asbestos register; and
(b) so far as is reasonably practicable, identify
all asbestos that is under the management or
control of the employer, including asbestoscontaining material that is fixed to or
installed in any plant under the management
or control of the employer.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(2) For the purpose of complying with subregulation
(1)(b), if there is uncertainty (based on reasonable
grounds) as to whether any material of which the
employer has management or control is asbestos,
or if there are inaccessible areas that are likely to
contain asbestos, the employer must—
(a) assume that asbestos is present; or
(b) arrange for analysis of a sample to be
undertaken.
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(3) If asbestos is assumed to be present under
subregulation (2), it is taken to be identified for
the purposes of this Part.
(4) In relation to asbestos that is identified, the
employer must determine—
(a) the location of the asbestos; and
(b) the likely source of asbestos that is not fixed
or installed; and
(c) in relation to asbestos-containing material—
(i) the type of asbestos-containing
material; and
(ii) whether the asbestos-containing
material is friable or non-friable; and
(iii) the condition of the asbestos-containing
material; and
(iv) whether the asbestos-containing
material is likely to sustain damage or
deterioration; and
(d) so far as is possible, any activities likely to
be carried out in the workplace that are, in
view of their nature or design, likely to
damage or disturb any asbestos in the
workplace.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(5) In relation to inaccessible areas that are likely to
contain asbestos, the employer must comply with
subregulations (4)(a) and (4)(b) so far as is
possible.
(6) In relation to asbestos that is identified under
subregulation (1)(b), the employer must ensure
that—
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(a) the presence and location of the asbestos are
clearly indicated; and
(b) if reasonably practicable, the indication is by
labelling.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
4.3.28 Information about risks to be given to person who
manages or controls workplace
If the employer identifies a risk associated with
the presence of fixed or installed asbestos under
the control or management of the person who
manages or controls the workplace that may occur
as a result of an activity carried out by the
employer, the employer must inform the person
who manages or controls the workplace of the
risk.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
4.3.29 Employer's asbestos register
(1) An employer must record in an employer's
asbestos register, in accordance with
subregulation (2), the results of any identification
of asbestos conducted by the employer under
regulation 4.3.27.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(2) The employer's asbestos register must contain—
(a) information in relation to the matters
determined under regulation 4.3.27(4);
(b) details of inaccessible areas that are likely to
contain asbestos;
(c) the date when the identification is made;
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(d) a copy of any asbestos register obtained
under regulation 4.3.27(1)(a);
(e) information in relation to any activity carried
out by the employer that could give rise to a
risk.
4.3.30 Employer's asbestos register to be kept current
(1) An employer must revise the employer's asbestos
register to keep it current and include any changes
in the condition of the asbestos and any removal,
enclosure or sealing of asbestos.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(2) If the health and safety representative for an
affected designated work group so requests, on
reasonable grounds, the employer must review
and, if necessary, revise the employer's asbestos
register.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(3) Without limiting subregulations (1) and (2), the
employer must ensure that the employer's asbestos
register is reviewed and, if necessary, revised at
least every 5 years.
Notes
1
Act compliance—sections 21 and 23 (see
regulation 1.1.7).
2
See also the obligation to review and revise the
employer's asbestos register under regulation 4.3.36.
4.3.31 Access to employer's asbestos register
An employer must—
(a) ensure that a copy of the employer's asbestos
register is readily accessible to any employee
of the employer; and
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(b) provide a copy of the employer's asbestos
register to—
(i) the health and safety representative of
an affected designated work group;
(ii) an asbestos licence holder who has
been engaged to do asbestos removal
work;
(iii) a person who is required to obtain a
copy under regulation 4.3.103, and who
requests a copy; and
(c) inform any person engaged to do work at the
employer's workplace that involves the risk
of exposure to airborne asbestos fibres of the
employer's asbestos register and provide
access to that register; and
(d) if requested, provide access to the employer's
asbestos register to any other person engaged
to do work by the employer.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
Note
Paragraph (d) would include giving access to a designer
engaged by the employer.
4.3.32 Control of risk
(1) This regulation applies in respect of asbestos of
which an employer has management and control.
(2) The employer must ensure that any risk associated
with the presence of asbestos is eliminated, so far
as is reasonably practicable, by removing the
asbestos-containing material.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
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(3) If it is not reasonably practicable to remove the
asbestos-containing material, the employer must
enclose the material to reduce, so far as is
reasonably practicable, any risk associated with
the presence of asbestos.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(4) If the employer has enclosed the asbestoscontaining material so far as is reasonably
practicable and a risk remains, the employer must
seal the material to reduce, so far as is reasonably
practicable, any risk associated with the presence
of asbestos.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
4.3.33 Review of risk control measures
(1) An employer must ensure that any measures
implemented to control risks associated with the
presence of asbestos are reviewed and, if
necessary, revised—
(a) before any change is made to the workplace
or a building, structure, ship or plant at the
workplace or a system of work that is likely
to disturb or damage any asbestos; or
(b) after any incident occurs to which Part 5 of
the Act applies that is associated with the
presence of asbestos; or
(c) if, for any other reason, the risk control
measures do not adequately control the risks;
or
(d) after receiving a request from a health and
safety representative.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
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(2) A health and safety representative may make a
request under subregulation (1)(d) if the health
and safety representative believes on reasonable
grounds that—
(a) any of the circumstances referred to in
subregulations (1)(a) to (1)(c) exists; or
(b) the employer has failed—
(i) to properly review risk control
measures; or
(ii) to take account of any of the
circumstances in subregulations (1)(a)
to (1)(c) in conducting a review of, or
revising, the risk control measures.
Division 6—Demolition and refurbishment where asbestos is
present
4.3.34 Application of Division
(1) This Division applies to the carrying out of
demolition or refurbishment on a building,
structure, ship or plant where asbestos is fixed or
installed.
(2) In this Division, demolition and refurbishment do
not include minor or routine maintenance work or
other work of a minor nature.
(3) In this Division a reference to plant is a reference
to plant that generally forms part of a structure.
Example
A lift, boiler, air-conditioning plant or plant room.
(4) For the purposes of this Division, an emergency
exists if a building or structure is structurally
unsound or in danger of imminent collapse as
determined—
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(a) by an emergency order issued under the
Building Act 1993; or
(b) in a report by a structural engineer.
4.3.35 Review of asbestos register
(1) Before demolition or refurbishment work
commences at a workplace, the person who
manages or controls the workplace must—
(a) review the asbestos register; and
(b) revise the asbestos register if it is inadequate
having regard to the proposed demolition or
refurbishment work.
Example
The asbestos register may be inadequate if it identifies areas
that are inaccessible that are likely to contain asbestos and
those areas will be accessible as a result of demolition or
refurbishment work.
Note
Act compliance—section 26 (see regulation 1.1.7).
(2) The person who manages or controls a workplace
must provide the employer or self-employed
person who is to perform demolition or
refurbishment work at the workplace with a copy
of the asbestos register, including any revisions
made under this regulation.
Note
Act compliance—section 26 (see regulation 1.1.7).
4.3.36 Review of employer's asbestos register
(1) Before demolition or refurbishment work
commences on plant of which an employer has
management or control, the employer must—
(a) review the employer's asbestos register; and
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(b) revise the employer's asbestos register if it is
inadequate having regard to the proposed
demolition or refurbishment work.
Example
The employer's asbestos register may be inadequate if it
identifies areas that are inaccessible that are likely to contain
asbestos and those areas will become accessible as a result
of the demolition or refurbishment work.
Note
Act compliance—section 21 (see regulation 1.1.7).
(2) The employer must provide the employer or selfemployed person who is to perform the demolition
or refurbishment work with a copy of the
employer's asbestos register, including any
revisions made under this regulation.
Note
Act compliance—section 21 (see regulation 1.1.7).
4.3.37 Copies of asbestos registers to be obtained
(1) This regulation applies if an employer or selfemployed person is performing demolition or
refurbishment work in relation to a building,
structure, ship or plant in a workplace.
(2) The employer or self-employed person must
obtain from the person who has management or
control of the workplace, a copy of the asbestos
register, including any revisions made under
regulation 4.3.35.
Note
Act compliance—sections 21 and 24 (see regulation 1.1.7).
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(3) The employer or self-employed person must
obtain from an employer who has management or
control of plant in relation to which the demolition
or refurbishment work is to be performed, a copy
of the employer's asbestos register, including any
revisions made under regulation 4.3.36.
Note
Act compliance—sections 21 and 24 (see regulation 1.1.7).
4.3.38 Determination of presence of asbestos
(1) This regulation applies if there is no asbestos
register or employer's asbestos register in respect
of a workplace or plant in relation to which
demolition or refurbishment work is to be
performed.
(2) The employer or self-employed person performing
the demolition or refurbishment work must not
commence that work until that employer or selfemployed person has determined whether asbestos
is fixed to or installed in the building, structure,
ship or plant to be demolished or refurbished.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
(3) If there is uncertainty (based on reasonable
grounds) as to whether asbestos is fixed to or
installed in a building, structure, ship or plant to
be demolished or refurbished, or if there are
inaccessible areas that are likely to contain
asbestos that is fixed or installed, the employer or
self-employed person performing the demolition
or refurbishment work must—
(a) assume that asbestos is present; or
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(b) arrange for analysis of a sample to be
undertaken.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
(4) If asbestos is assumed to be present under
subregulation (3), it is taken to be identified for
the purposes of this Part.
(5) If the employer or self-employed person
performing demolition or refurbishment work has
determined under subregulation (2) or
subregulation (3) that asbestos is fixed to or
installed in a building, structure, ship or plant to
be demolished or refurbished, the employer or
self-employed person must—
(a) inform the person who has management or
control of the workplace that asbestos is
fixed to or installed in the building, structure
ship or plant; and
(b) in the case of plant under the management or
control of an employer at the workplace,
inform the employer that asbestos is fixed to
or installed in the plant.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
4.3.39 Identification and removal of asbestos before
demolition
(1) A person who manages or controls a workplace or
plant that forms part of a workplace must—
(a) identify asbestos under that person's
management or control that is likely to be
disturbed by proposed demolition work; and
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(b) ensure, so far as is reasonably practicable,
that the asbestos is removed before the
demolition work is commenced.
Note
Act compliance—section 26 (see regulation 1.1.7).
(2) Subregulation (1)(b) does not prevent the
demolition of parts of a building, structure, ship or
plant in order to gain access to the asbestos.
Example
Part of a wall may be demolished to gain access to asbestos
in a riser shaft.
(3) Subregulation (1) does not apply—
(a) in an emergency; or
(b) to domestic premises.
Note
See regulation 4.3.34 for meaning of emergency.
(4) An employer or self-employed person performing
demolition work on domestic premises must—
(a) identify asbestos under that person's
management or control that is likely to be
disturbed by proposed demolition work; and
(b) ensure, so far as is reasonably practicable,
that the asbestos is removed before the
demolition work is commenced.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
(5) Subregulation (4)(b) does not prevent the
demolition of part of domestic premises in order
to gain access to the asbestos.
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4.3.40 Identification and removal of asbestos before
refurbishment
(1) A person who manages or controls a workplace or
plant at a workplace must—
(a) identify asbestos under the person's
management or control that is likely to be
disturbed by the proposed refurbishment
work; and
(b) ensure, so far as is reasonably practicable,
that the asbestos is removed.
Note
Act compliance—section 26 (see regulation 1.1.7).
(2) Subregulation (1) does not apply to domestic
premises.
(3) An employer or self-employed person performing
refurbishment work on domestic premises must—
(a) identify asbestos that is likely to be disturbed
by the proposed refurbishment work; and
(b) ensure, so far as is reasonably practicable,
that the asbestos is removed.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
4.3.41 Requirements for asbestos removal work
(1) A person who manages or controls a workplace or
plant at a workplace must ensure that asbestos
removal work is performed—
(a) by an asbestos licence holder; or
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(b) by a person who is permitted under
regulation 4.3.45 to perform the asbestos
removal work.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) Subregulation (1) does not apply to domestic
premises.
(3) An employer or self-employed person performing
demolition or refurbishment work on domestic
premises must ensure that asbestos removal work
is performed—
(a) by an asbestos licence holder; or
(b) by a person who is permitted under
regulation 4.3.45 to perform the asbestos
removal work.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
Note
An asbestos licence holder must perform asbestos removal
work in accordance with Division 7. A person permitted
under regulation 4.3.45 must perform asbestos removal
work in accordance with Subdivision 2 of Division 7.
4.3.42 Emergency procedures
(1) If an emergency occurs at a workplace where
there was fixed or installed asbestos in a building,
structure, ship or plant immediately before the
emergency occurred, the person who manages or
controls the workplace must—
(a) consider the asbestos register; and
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(b) before demolition occurs, document a
procedure that will, so far as is reasonably
practicable, reduce the risk of exposure of
employees and persons in the vicinity of the
demolition site to asbestos to below the
asbestos exposure standard.
Notes
1
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
2
See regulation 4.3.34 for meaning of emergency.
(2) Subregulation (1) does not apply in the case of
domestic premises.
(3) A person engaged for the purpose of asbestos
removal work as part of an emergency must
comply, so far as is reasonably practicable, with
Division 7.
Notes
1
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
2
A person engaged under this subregulation must hold
an asbestos removal licence that permits the person to
remove the asbestos or be employed by a person who
holds such a licence (see regulation 4.3.7) or be
permitted to remove the asbestos under
regulation 4.3.45.
(4) If an emergency occurs at domestic premises, an
employer or self-employed person performing
demolition work must, before demolition,
document a procedure that will, so far as is
reasonably practicable, reduce the risk of exposure
of employees and persons in the vicinity of the
demolition site to asbestos to below the asbestos
exposure standard.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
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4.3.43 Notice to Authority
(1) The person who manages or controls a workplace
referred to in regulation 4.3.42(1) must notify the
Authority, in writing, of the person's contact
details and of the location of the emergency
immediately after the emergency is known to that
person and before the commencement of
demolition.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) An employer or self-employed person performing
demolition work on domestic premises must
notify the Authority in writing of the person's
contact details and of the location of the
emergency immediately after the emergency is
known to that person and before the
commencement of demolition.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
Division 7—Removal of asbestos
Subdivision 1—General
4.3.44 Application of Division
(1) This Division applies to asbestos removal work.
(2) This Division does not apply if Division 8 applies.
(3) In relation to duties imposed on asbestos licence
holders under this Division, a reference to an
employee in such a provision applies only if the
asbestos licence holder is an employer.
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(4) This Division applies in relation to domestic
premises that become a workplace due to asbestos
removal work being performed.
Note
See regulation 4.3.42 for the application of this Division in
an emergency under Division 6.
Subdivision 2—Limited asbestos removal work
4.3.45 Limited asbestos removal work without licence
permitted
An employer or self-employed person may
perform asbestos removal work in accordance
with this Subdivision in relation to non-friable
asbestos-containing material if—
(a) the area of asbestos-containing material to be
removed does not exceed 10 square metres in
total; and
(b) the total time over which asbestos removal
work is performed in any period of 7 days
does not exceed 1 hour.
4.3.46 Training record
An employer performing asbestos removal work
must—
(a) make a record of the training undertaken by
each person engaged in the asbestos removal
work; and
(b) retain that record while that work is being
performed.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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4.3.47 Self-employed persons performing asbestos removal
work to have appropriate training
(1) A self-employed person must not perform
asbestos removal work unless he or she is
informed, instructed and trained to perform his or
her work in a manner that does not, so far as is
reasonably practicable, expose other persons to
risks to health and safety arising from that
asbestos removal work.
Note
Act compliance—section 24 (see regulation 1.1.7).
(2) A self-employed person performing asbestos
removal work must make a record of his or her
training referred to in subregulation (1) and retain
that record while the person is engaged in asbestos
removal work.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
4.3.48 Asbestos register must be obtained
(1) Before performing asbestos removal work under
this Subdivision, an employer or self-employed
person must obtain a copy of the asbestos register
or the employer's asbestos register.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) This regulation does not apply if the asbestos
removal work will be performed at domestic
premises.
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4.3.49 Provision of information about proposed asbestos
removal work
(1) This regulation applies if an employer or selfemployed person is commissioned to perform
work for a person and plans to remove asbestos
that is permitted under regulation 4.3.45 to be
removed.
(2) The employer or self-employed person must
inform the person who commissioned the work
that asbestos removal work will be performed
before the commissioned work commences.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(3) A person who has been informed of the proposed
asbestos removal work under subregulation (2)
must notify employers in the immediate and
adjacent areas to where the proposed removal
work will take place of the proposed removal
work before that removal work commences.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(4) An employer who has been notified of the
proposed asbestos removal work in accordance
with subregulation (3) must inform employees in
the immediate and adjacent areas of the proposed
removal work before the removal work
commences.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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4.3.50 Protective clothing and protective equipment
An employer must ensure that—
(a) persons performing asbestos removal work
are provided with—
(i) appropriate personal protective clothing
that is suitable for the removal work
being performed; and
(ii) appropriate respiratory protective
equipment that is suitable for the
removal work being performed; and
(b) the clothing and equipment provided under
paragraph (a) are correctly fitted.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
4.3.51 Signs
An employer or self-employed person performing
asbestos removal work must ensure that
appropriately placed signs are used to indicate the
area where the removal work is being performed.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
4.3.52 Decontamination facilities and non removal of
personal protective clothing or equipment
(1) An employer or self-employed person performing
asbestos removal work must provide such
facilities for decontamination of the work area,
tools and equipment and personal
decontamination for the duration of the removal
work as are suitable for the removal work being
performed.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
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(2) An employer or self-employed person performing
asbestos removal work must ensure that a person
does not remove personal protective clothing or
personal protective equipment that is likely to be
contaminated with asbestos from the area where
the removal work is being performed unless the
clothing or equipment is decontaminated or
contained before the removal.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
4.3.53 Decontamination of equipment
An employer or self-employed person performing
asbestos removal work must ensure that any
equipment (other than personal protective
equipment) that is used for removal work and that
is likely to be contaminated is—
(a) decontaminated before removal from the
area where the removal work is performed;
or
(b) placed in a sealed container, the exterior of
which is decontaminated before the container
is removed from the area where the removal
work is performed.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
4.3.54 Elimination of airborne asbestos fibres
An employer or self-employed person performing
asbestos removal work must ensure that removal
work is performed in a manner that eliminates the
release of airborne asbestos fibres so far as is
reasonably practicable.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
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4.3.55 Waste containment
An employer or self-employed person who is
performing asbestos removal work must ensure
that—
(a) the asbestos waste is contained so as to
eliminate the release of airborne asbestos
fibres; and
(b) the exterior of the container—
(i) is decontaminated before being
removed from the area where the
removal work is performed; and
(ii) indicates the presence of asbestos.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
4.3.56 Disposal of asbestos waste
An employer or self-employed person performing
asbestos removal work must ensure that asbestos
waste is—
(a) disposed of as soon as is reasonably
practicable; and
(b) disposed of in an appropriate manner that
eliminates the release of airborne asbestos
fibres; and
(c) disposed of at a waste disposal site licensed
by the Environment Protection Authority.
Notes
1
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
2
The Environment Protection Authority controls the
transportation of asbestos waste of industrial origin.
Owners of vehicles that transport industrial-sourced
asbestos waste may need to hold a waste transport
permit.
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4.3.57 Laundering of clothing contaminated with asbestos
(1) An employer or self-employed person performing
asbestos removal work must provide for the
laundering of personal protective clothing that is
likely to be contaminated with asbestos and that is
not contained and disposed of in accordance with
regulations 4.3.55 and 4.3.56.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) If an employer or self-employed person
performing asbestos removal work arranges for
personal protective clothing that is likely to be
contaminated with asbestos to be laundered at a
commercial laundry, the employer or person must
ensure that—
(a) the clothing is contained so as to eliminate
the release of airborne asbestos fibres; and
(b) the exterior of the container—
(i) is decontaminated before being
removed from the area where the
removal work is performed; and
(ii) indicates the presence of asbestos
before the clothing is transferred to the
laundry.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
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4.3.58 Medical examinations
(1) An employer performing asbestos removal work
must arrange for appropriate medical
examinations to be conducted by a registered
medical practitioner for each employee engaged in
ongoing asbestos removal work if there is a risk of
exposure to airborne asbestos fibres above one
half of the asbestos exposure standard.
Note
Act compliance—section 22(1) (see regulation 1.1.7).
(2) Respiratory protective equipment must not be
considered in establishing whether there is a risk
of exposure to airborne asbestos fibres above one
half of the exposure standard.
(3) The purpose of the medical examination is to
monitor the employee's health for the purpose of
identifying changes in the employee's health status
due to occupational exposure to asbestos.
(4) The employer must ensure that medical
examinations are provided—
(a) before the employee commences asbestos
removal work for the first time for that
employer unless the employee has had an
appropriate medical examination within the
preceding 2 years; and
(b) at intervals of not more than 2 years; and
(c) within 30 days after the employee has ceased
asbestos removal work unless the employee
has had an appropriate medical examination
within the preceding year.
Note
Act compliance—section 22(1) (see regulation 1.1.7).
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(5) In this regulation the duties of an employer in
relation to medical examinations extend to an
independent contractor.
Note
Act compliance—section 23 (see regulation 1.1.7).
4.3.59 Notice of medical practitioner
An employer must notify the Authority in writing
within 7 days of the name and contact details of
the registered medical practitioner the employer
has engaged to undertake medical examinations in
accordance with regulation 4.3.58.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
4.3.60 Results of medical examinations
(1) An employer must ensure that a summary of
results of a medical examination of a person
carried out as required by regulation 4.3.58
indicating whether an asbestos-related disease
exists and the fitness of the person to engage in
asbestos removal work is provided to the
employer by the registered medical practitioner.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) The employer must retain a copy of the summary
of results obtained under this regulation for—
(a) a period (not exceeding 30 years) determined
by the Authority; or
(b) if no period has been determined by the
Authority, 30 years.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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Subdivision 3—Licensed asbestos removal work
4.3.61 Person not to perform asbestos removal work unless
licensed
(1) A person must not perform asbestos removal work
at a workplace, other than asbestos removal work
permitted under Subdivision 2, unless that
person—
(a) is an asbestos licence holder; or
(b) is an employee of an asbestos licence holder.
Note
See section 40(4) of the Act.
(2) A person must not perform asbestos removal work
of friable asbestos or within a negative air
enclosure at a workplace unless that person—
(a) is the holder of a Class A asbestos removal
licence; or
(b) is an employee of the holder of a Class A
asbestos removal licence.
Note
See section 40(4) of the Act.
4.3.62 Appointment of asbestos removal supervisors
(1) Subject to subregulation (2), an asbestos licence
holder must appoint a person as an asbestos
removal supervisor if the asbestos licence holder
has nominated that person as a supervisor under
regulation 6.1.13(1)(b).
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
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(2) An asbestos licence holder must not appoint a
person as an asbestos removal supervisor if the
Authority has not accepted the nomination of that
supervisor under Part 6.1 (Licences).
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
4.3.63 Asbestos removal supervisor to be accessible
An asbestos licence holder must ensure that the
asbestos removal supervisors appointed to
supervise the removal of non-friable asbestoscontaining material are readily accessible to the
persons performing the asbestos removal work at
all times when that work is being performed.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
4.3.64 Information to job applicants
An asbestos licence holder must provide each
applicant who applies for employment with the
licence holder to perform asbestos removal work
with information about—
(a) the health effects and risks associated with
exposure to airborne asbestos fibres; and
(b) the need for, and details of, medical
examinations required under this
Subdivision.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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4.3.65 Persons performing asbestos removal work to be
trained
An asbestos licence holder must ensure that a
person does not perform asbestos removal work
for the licence holder unless the person is
informed, instructed and trained to perform that
work in a manner that is safe and without risks to
health and in particular in relation to—
(a) the nature of the hazard, the risks and the
health effects associated with exposure to
airborne asbestos fibres; and
(b) the need for, and proper use of, measures to
control the risks including the maintenance,
cleaning and storage of personal protective
clothing and personal protective equipment.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
4.3.66 Training record to be made
An asbestos licence holder performing asbestos
removal work must ensure that a record is made of
the training undertaken by a person performing
the asbestos removal work.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
4.3.67 Training record to be retained and made available
An asbestos licence holder performing asbestos
work must ensure that the record of training made
under regulation 4.3.66 is—
(a) retained while the person performs asbestos
removal work for the asbestos licence
holder; and
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(b) readily available where the asbestos removal
work is being performed.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
4.3.68 Asbestos register to be obtained
(1) An asbestos licence holder must ensure that a
copy of the asbestos register or the employer's
asbestos register is obtained from the person who
commissioned the asbestos removal work.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) This regulation does not apply if the asbestos
removal work will be performed at domestic
premises.
4.3.69 Asbestos control plan
(1) Before commencing asbestos removal work, an
asbestos licence holder must prepare an asbestos
control plan in accordance with this regulation.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
(2) An asbestos control plan must—
(a) have regard to any asbestos register or any
employer's asbestos register obtained under
this Part; and
(b) include information on the items listed in
Schedule 7.
(3) Subregulation (2)(a) does not apply if the asbestos
removal work will be performed at a domestic
premises.
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4.3.70 Asbestos control plan to be made available and
accessible
(1) An asbestos licence holder must provide a copy of
the asbestos control plan prepared under
regulation 4.3.69 to the person who commissioned
the asbestos removal work.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) The asbestos licence holder must ensure that a
copy of the asbestos control plan is readily
accessible for the duration of the asbestos removal
work—
(a) to employees at the workplace, including the
health and safety representative of any
affected designated work group;
(b) to an employer at the workplace;
(c) to any person engaged to do work at the
workplace;
(d) for inspection under the Act, if required.
Penalty: 5 penalty units for a natural person;
25 penalty units for a body corporate.
4.3.71 Elimination of airborne asbestos fibres
An asbestos licence holder performing asbestos
removal work must ensure that the asbestos
removal work is performed in a manner that, so
far as is reasonably practicable—
(a) eliminates the release of airborne asbestos
fibres; and
(b) prevents the contamination of areas adjacent
to the asbestos removal area.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
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4.3.72 Requirements in respect of airborne asbestos fibres
(1) This regulation applies if—
(a) an asbestos licence holder is performing
asbestos removal work; and
(b) asbestos paraoccupational air monitoring is
being conducted to establish whether
airborne asbestos fibres are being released
from the area where the asbestos removal
work is being performed.
(2) The asbestos licence holder must comply with
subregulation (4) if airborne asbestos fibre levels
in excess of 0·01 f/ml but not in excess of
0·05 f/ml are recorded.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
(3) If airborne asbestos fibre levels in excess of
0·05 f/ml are recorded, the asbestos licence holder
must immediately—
(a) order the asbestos removal work to stop; and
(b) notify the Authority; and
(c) comply with subregulation (4).
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
(4) The asbestos licence holder must immediately—
(a) investigate the cause of the high levels of
airborne asbestos fibres; and
(b) implement controls to—
(i) prevent exposure of any person to
airborne asbestos fibres; and
(ii) prevent further release of airborne
asbestos fibres.
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(5) If an asbestos licence holder has stopped the
asbestos removal work due to airborne asbestos
fibre levels in excess of 0·05 f/ml being recorded,
the licence holder must ensure that the asbestos
removal work does not recommence until asbestos
paraoccupational air monitoring indicates the
level of airborne asbestos fibres is at or below
0·01 f/ml.
Note
Act compliance—section 22(1) (see regulation 1.1.7).
4.3.73 Protective clothing and protective equipment for
employees
The asbestos licence holder must—
(a) provide employees with—
(i) appropriate personal protective clothing
that is suitable for the asbestos removal
work being performed; and
(ii) appropriate respiratory protective
equipment that is suitable for the
asbestos removal work being
performed; and
(b) ensure that the clothing and equipment
provided under paragraph (a) are correctly
fitted.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
4.3.74 Signs and barricades
An asbestos licence holder performing asbestos
removal work must ensure that—
(a) appropriately placed signs and barricades are
used to indicate the area where the removal
work is being performed; and
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(b) access is denied to persons other than—
(i) persons performing the asbestos
removal work; and
(ii) persons engaged in work incidental to
the asbestos removal work who require
access during that work; and
Example
Occupational hygienist.
(iii) officers or other members of Victoria
Police or persons with a statutory right
to be present.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
4.3.75 Decontamination facilities
(1) An asbestos licence holder performing asbestos
removal work must provide such facilities for
decontamination of the work area, tools and
equipment and personal decontamination for the
duration of the removal work as are appropriate to
the removal work being performed.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) An asbestos licence holder performing asbestos
removal work must ensure that a person does not
remove personal protective clothing or personal
protective equipment that is likely to be
contaminated with asbestos from the area where
the removal work is being performed unless the
clothing or equipment is decontaminated or
contained before removal.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
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(3) An asbestos licence holder performing asbestos
removal work must ensure that any equipment
(other than personal protective equipment) that is
used for removal work and that is likely to be
contaminated is—
(a) decontaminated before removal from the
area where the removal work is performed;
or
(b) placed in a sealed container, the exterior of
which is decontaminated before the container
is removed from the area where the removal
work is performed.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
4.3.76 Waste containment
An asbestos licence holder who is performing
asbestos removal work must ensure that—
(a) the asbestos waste is contained so as to
eliminate the release of airborne asbestos
fibres; and
(b) the exterior of the container—
(i) is decontaminated before being
removed from the area where the
removal work was performed; and
(ii) indicates the presence of asbestos.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
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4.3.77 Disposal of asbestos waste
An asbestos licence holder performing asbestos
removal work must ensure that asbestos waste
is—
(a) disposed of as soon as is reasonably
practicable; and
(b) disposed of in an appropriate manner that
eliminates the release of airborne asbestos
fibres; and
(c) disposed of at a waste disposal site licensed
by the Environment Protection Authority.
Notes
1
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
2
The Environment Protection Authority controls the
transportation of asbestos waste of industrial origin.
Owners of vehicles that transport industrial-sourced
asbestos waste must hold a waste transport permit.
4.3.78 Laundering of clothing contaminated with asbestos
(1) An asbestos licence holder performing asbestos
removal work must provide for the laundering of
personal protective clothing that is likely to be
contaminated with asbestos and that is not
contained and disposed of in accordance with
regulations 4.3.76 and 4.3.77.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) If an asbestos licence holder performing asbestos
removal work arranges for personal protective
clothing that is likely to be contaminated with
asbestos to be laundered at a commercial laundry,
the licence holder must ensure that—
(a) the clothing is contained so as to eliminate
the release of airborne asbestos fibres; and
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(b) the exterior of the container—
(i) is decontaminated before being
removed from the area where the
removal work is performed; and
(ii) indicates the presence of asbestos
before the clothing is transferred to the
laundry.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
4.3.79 Medical examinations
(1) An asbestos licence holder must arrange for an
appropriate medical examination for each
employee engaged in asbestos removal work.
Note
Act compliance—section 22(1) (see regulation 1.1.7).
(2) The purpose of the medical examination is to
monitor the employee's health for the purpose of
identifying changes in the employee's health status
due to occupational exposure to asbestos.
(3) An asbestos licence holder must ensure that
medical examinations are provided—
(a) before the employee commences asbestos
removal work for the first time for that
licence holder unless the employee has had
an appropriate medical examination within
the preceding year; and
(b) at intervals of not more than 2 years; and
(c) within 30 days after the employee ceases
asbestos removal work unless the employee
has had an appropriate medical examination
within the preceding year.
Note
Act compliance—section 22(1) (see regulation 1.1.7).
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(4) In this regulation the duties of an asbestos licence
holder who is an employer in relation to medical
examinations extend to an independent contractor.
Note
Act compliance—section 23 (see regulation 1.1.7).
4.3.80 Notice of medical practitioner
The asbestos licence holder must notify the
Authority in writing within 7 days of the name
and contact details of the registered medical
practitioner the licence holder has engaged to
undertake medical examinations in accordance
with regulation 4.3.79.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
4.3.81 Results of medical examinations
(1) The asbestos licence holder must ensure that a
summary of results of a medical examination of a
person carried out as required by
regulation 4.3.79, indicating whether an asbestosrelated disease exists and the fitness of the person
to engage in asbestos removal work, is provided to
the asbestos licence holder by the registered
medical practitioner.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) The asbestos licence holder must retain a copy of
the summary of results obtained under this
regulation for—
(a) a period (not exceeding 30 years) determined
by the Authority; or
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(b) if no period has been determined by the
Authority, 30 years.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
Subdivision 4—Additional duties—friable material
4.3.82 Application of Subdivision
This Subdivision applies to asbestos removal
work involving friable asbestos-containing
material.
Note
A Class A asbestos removal licence is required for this
removal work.
4.3.83 Asbestos removal supervisor to be on-site
An asbestos licence holder must ensure that an
asbestos removal supervisor appointed in
accordance with regulation 4.3.62 to supervise the
asbestos removal work is on-site at all times when
asbestos removal work is being performed.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
4.3.84 Specific measures to control risk
(1) An asbestos licence holder must ensure, so far as
is reasonably practicable, that the area where the
asbestos removal work is performed is enclosed so
as to prevent the release of airborne asbestos
fibres.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
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(2) For the purposes of subregulation (1), an asbestos
licence holder must, so far as is reasonably
practicable, ensure that the enclosure is smoketested by using a smoke generating device to
detect any leaks or other deficiencies in the
enclosure before asbestos removal work
commences.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
(3) An asbestos licence holder must ensure that the
removal work of friable asbestos-containing
material is performed, so far as is reasonably
practicable, using a wet method.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
(4) For the purposes of subregulation (3), wet method
means the use of water or another wetting agent to
soak or totally saturate the asbestos, or the
spraying of water or another wetting agent on the
asbestos, but does not include the use of a high
pressure water jet.
Note
Regulation 4.3.9 prohibits the use of certain tools.
4.3.85 Air monitoring required before commencement of
removal work
If asbestos paraoccupational air monitoring is
required under regulation 4.3.91 the asbestos
licence holder must not commence asbestos
removal work until that monitoring has
commenced.
Note
Act compliance—section 22(1) (see regulation 1.1.7).
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4.3.86 Results air monitoring to be readily accessible
The asbestos licence holder must ensure that
results of asbestos paraoccupational air
monitoring are readily accessible to employees at
the workplace.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
4.3.87 Use of glove bags
(1) Regulations 4.3.84(2), 4.3.85 and 4.3.91 do not
apply if glove bags are being used for removal
work.
(2) The asbestos licence holder must, in a proper and
safe manner, dismantle and dispose of any glove
bag used to enclose the area where the asbestos
removal work was performed.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
4.3.88 Requirements at the end of removal work
(1) The asbestos licence holder must not dismantle
any structure used to enclose the area where the
asbestos removal work was performed until
results of any asbestos paraoccupational air
monitoring received from the person who
commissioned the work in accordance with
regulation 4.3.94 show that the airborne asbestos
fibre level does not exceed 0·01 f/ml.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
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(2) The asbestos licence holder must dismantle any
structure used to enclose the asbestos removal
area in a manner that eliminates the release of
airborne asbestos fibres so far as is reasonably
practicable.
Note
Act compliance—sections 21, 23 and 24 (see
regulation 1.1.7).
Subdivision 5—Duties of person who commissioned asbestos
removal work
4.3.89 Application of Subdivision
(1) The duties in this Subdivision apply to a person
who commissions asbestos removal work, other
than work permitted under regulation 4.3.45.
(2) In the case of domestic premises, the asbestos
licence holder is the person who commissions
asbestos removal work for the purposes of this
Subdivision.
4.3.90 Employers in immediate and adjacent areas to be
informed
A person who commissions asbestos removal
work must, before the asbestos removal work
commences, inform all employers in the
immediate and adjacent areas of the proposed
removal work.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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4.3.91 Asbestos paraoccupational air monitoring
(1) A person who commissions asbestos removal
work with respect to friable asbestos-containing
material must arrange for asbestos
paraoccupational air monitoring to be conducted
before the work commences and for the duration
of the work if—
(a) the asbestos removal work will be performed
indoors; or
(b) the asbestos removal work will be performed
outdoors and will constitute a risk to other
persons.
Note
Act compliance—sections 22(1) and 26 (see
regulation 1.1.7).
(2) A person who commissions asbestos removal
work must arrange for an asbestos
paraoccupational air monitoring sample to be
analysed as soon as is reasonably possible after it
is taken.
Note
Act compliance—sections 22(1) and 26 (see
regulation 1.1.7).
4.3.92 Results of monitoring to be made available
(1) A person who commissions asbestos removal
work must provide the results of asbestos
paraoccupational air monitoring to the asbestos
licence holder as soon as the results are received.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) A person who commissions asbestos removal
work must ensure that a copy of the results of
asbestos paraoccupational air monitoring is
accessible to the health and safety representative
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of any affected designated work group and to any
affected employees.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
4.3.93 Requirements at end of removal work
(1) This regulation applies to asbestos removal work
of—
(a) friable asbestos-containing material; or
(b) more than 10 square metres of non-friable
fixed or installed asbestos-containing
material.
(2) On completion of the asbestos removal work, the
person who commissioned the work must arrange
for a visual inspection by an independent person
to verify that there is no visible asbestos residue
remaining as a result of the work in the area where
the work was performed or in the area
immediately surrounding the area where the work
was performed.
Note
Act compliance—sections 21, 23, 24 and 26 (see
regulation 1.1.7).
(3) On completion of asbestos removal work for
which asbestos paraoccupational air monitoring
was required, the person who commissioned the
work must arrange for asbestos paraoccupational
air monitoring to be conducted within the
enclosed area, to verify that the airborne asbestos
fibre level is less than 0·01 f/ml.
Note
Act compliance—sections 22(1) and 26 (see
regulation 1.1.7).
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4.3.94 Results of monitoring to go to licence holder
The person who commissioned the asbestos
removal work must ensure that the results of the
inspection and monitoring under regulation 4.3.93
are provided to the asbestos licence holder.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
4.3.95 Independent person to be qualified
The person who commissioned the asbestos
removal work must ensure that the independent
person performing duties under regulation 4.3.93
or regulation 4.3.96 has the requisite knowledge,
skills and experience to undertake those duties.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
4.3.96 Clearance certificates
(1) This regulation applies to asbestos removal work
of—
(a) friable asbestos-containing material; or
(b) more than 10 square metres of non-friable
fixed or installed asbestos-containing
material.
(2) The person who commissioned the asbestos
removal work must obtain a clearance certificate
from an independent person before the area where
the asbestos removal work was being performed is
re-occupied.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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(3) A clearance certificate must state that—
(a) an inspection by an independent person has
found that there is no visible asbestos residue
remaining as a result of the asbestos removal
work in the area where the asbestos removal
work was performed or in the area
immediately surrounding the area where the
asbestos removal work was performed; and
(b) if applicable, asbestos paraoccupational air
monitoring in the area where the asbestos
removal work was performed indicates that
the airborne asbestos fibre level is less than
0·01 f/ml.
Subdivision 6—Notification procedures
4.3.97 Notification of asbestos removal work
(1) Subject to subregulation (5) and regulation
4.3.98(2), the asbestos licence holder must notify
the Authority of asbestos removal work in
accordance with subregulation (2)—
(a) if the work involves removal of a total area
of 10 square metres or less of non-friable
asbestos-containing material that is fixed or
installed in a building, structure, ship or
plant, at least 24 hours before the work
commences; or
(b) in any other case, at least 5 days before the
work commences.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) A notification under subregulation (1) must be in
writing and include the information in Schedule 8.
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(3) Before commencing the asbestos removal work,
the asbestos licence holder must give a copy of the
notification under subregulation (1) to the person
who commissioned the work.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(4) An asbestos licence holder may proceed with the
asbestos removal work despite notifying the
Authority of a change under regulation 7.1.3.
(5) The Authority may vary the notification
requirements under this regulation by including a
specific condition in a licence with respect to
notification.
4.3.98 Notification in an unexpected situation
(1) This regulation applies to the following situations
(an unexpected situation)—
(a) a sudden, unexpected event, including work
required by non-routine failures of
equipment, that may result in persons being
exposed to airborne asbestos fibres; or
(b) an unexpected breakdown of an essential
service (including gas, water, sewerage,
electricity and telecommunications) that
requires immediate rectification to enable
continuance of that service.
(2) In an unexpected situation, the asbestos licence
holder must, not later than 24 hours after
commencing asbestos removal work, notify the
Authority of the removal work in accordance with
subregulation (3).
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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(3) A notification under subregulation (2) must be in
writing and include the information in Schedule 8.
(4) The Authority may vary the notification
requirements under this regulation by including a
specific condition in a licence with respect to the
notification.
Subdivision 7—Duty of employer at a workplace to inform
4.3.99 Information to be provided to those in area
An employer at a workplace must, before asbestos
removal work commences at the workplace,
inform employees in the immediate and adjacent
areas of the workplace of the proposed removal
work.
Note
Act compliance—section 21 (see regulation 1.1.7).
Division 8—Activities involving asbestos
4.3.100 Application of Division
This Division applies to the following activities
(asbestos-related activities) that are carried out at
a workplace—
(a) the handling, including for the purpose of
removal or transport for disposal, of aircraft
and automotive components that are
asbestos-containing material or that have
asbestos-containing material fixed to them or
installed in them;
(b) the laundering of clothing contaminated with
asbestos;
(c) research involving asbestos;
(d) sampling or analysis involving suspected
asbestos;
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(e) the transport of asbestos waste for disposal
purposes;
(f) working at a site licensed by the
Environment Protection Authority to accept
asbestos waste;
(g) the enclosing or sealing of asbestos;
(h) hand drilling and cutting of asbestoscontaining material;
(i) maintenance of dust extraction equipment,
contaminated with asbestos;
(j) processing of construction and demolition
material in accordance with the method
determined by the Authority under regulation
4.3.1(b);
(k) any other activity (other than asbestos
removal work to which Division 7 applies)
that is likely to produce airborne asbestos
fibres in excess of one half of the asbestos
exposure standard;
(l) any other activity determined by the
Authority for the purposes of this Division.
Note
The general requirements of Divisions 1 and 2, and the
prohibitions in Divisions 3 and 4, also apply to the activities
listed in this Division.
4.3.101 Identification of asbestos-related activities
An employer must identify whether an asbestosrelated activity is being carried out at the
employer's workplace.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
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4.3.102 Uncertainty as to presence of asbestos
If there is uncertainty (based on reasonable
grounds) as to whether an activity is an asbestosrelated activity, the employer must—
(a) assume that asbestos is present; or
(b) arrange for analysis of a sample to be
undertaken.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
4.3.103 Asbestos register must be obtained
(1) If any asbestos-related activities set out in
subregulation (2) are carried out at an employer's
workplace, the employer must obtain—
(a) a copy of the asbestos register in relation to
the activities; or
(b) if there are other employers at the workplace
where the activities are carried out, a copy of
the employer's asbestos register of each of
those other employers.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(2) For the purposes of subregulation (1) the relevant
asbestos-related activities are—
(a) activities specified in paragraphs (d), (g) and
(h) of regulation 4.3.100;
(b) activities specified in paragraphs (c), (k)
and (l) of regulation 4.3.100, if an asbestos
register or employer's asbestos register is
available.
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(3) This regulation does not apply if the asbestosrelated activity will be carried out at a domestic
premises and the person who commissioned the
activity is the occupier of those premises.
4.3.104 Elimination of airborne asbestos fibres
An employer must ensure that, when carrying out
an asbestos-related activity, the activity is carried
out in a manner that eliminates so far as is
reasonably practicable the release of airborne
asbestos fibres.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
4.3.105 Specific measures to control risk
(1) An employer must ensure that any risk associated
with an asbestos-related activity is eliminated so
far as is reasonably practicable.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(2) If it is not reasonably practicable to eliminate a
risk associated with an asbestos-related activity,
an employer must ensure that the risk is reduced
so far as is reasonably practicable by—
(a) isolation; or
(b) using engineering controls; or
(c) combining the risk control measures in
paragraphs (a) and (b).
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(3) If an employer has complied with subregulations
(1) and (2) so far as is reasonably practicable and
a risk associated with an asbestos-related activity
remains, the employer must, so far as is
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reasonably practicable, use administrative controls
to reduce the risk.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(4) If an employer has complied with subregulations
(1), (2) and (3) so far as is reasonably practicable
and a risk associated with an asbestos-related
activity remains, the employer must reduce the
risk by providing personal protective equipment to
employees at risk.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(5) If an employer provides personal protective
equipment under subregulation (4), the employer
must ensure that—
(a) the person carrying out the asbestos-related
activity is provided with—
(i) appropriate personal protective clothing
that is suitable for the activity being
carried out; and
(ii) appropriate respiratory protective
equipment that is suitable for the
activity being carried out; and
(b) the clothing and equipment provided under
paragraph (a) are correctly fitted.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
4.3.106 Review of risk control measures
(1) An employer must ensure that any measures
implemented to control a risk associated with an
asbestos-related activity are reviewed and, if
necessary, revised—
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(a) before any alteration is made to systems of
work related to the activity that is likely to
result in any increased risk to health or
safety; or
(b) after any incident occurs to which Part 5 of
the Act applies that involves an asbestosrelated activity; or
(c) if, for any other reason, the risk control
measures do not adequately control the risks;
or
(d) after receiving a request from a health and
safety representative.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(2) A health and safety representative may make a
request under subregulation (1)(d) if the health
and safety representative believes on reasonable
grounds that—
(a) any of the circumstances referred to in
subregulations (1)(a) to (1)(c) exists; or
(b) the employer has failed—
(i) to properly review risk control
measures; or
(ii) to take account of any of the
circumstances in subregulations (1)(a)
to (1)(c) in conducting a review of, or
revising, the risk control measures.
4.3.107 Work area to be separate and signed
An employer must ensure that the work area used
for an asbestos-related activity—
(a) is kept separate from any other work area;
and
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(b) so far as is reasonably possible, has
appropriately placed signs and barricades
that indicate the area where the activity is
being carried out.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
4.3.108 Work area to be kept clean
(1) An employer must, so far as is reasonably
practicable, ensure that the work area used for an
asbestos-related activity is kept clean.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(2) An employer must ensure that the methods used to
clean the work area—
(a) do not create a risk to health; and
(b) do not have the potential to spread airborne
asbestos fibres beyond the work area.
Notes
1
Act compliance—sections 21 and 23 (see
regulation 1.1.7).
2
Regulation 4.3.9 prohibits the use of certain tools at a
workplace.
4.3.109 Medical examinations
(1) An employer must arrange for an appropriate
medical examination to be conducted by a
registered medical practitioner for each employee
engaged in ongoing asbestos-related activities if
there is a risk of exposure to airborne asbestos
fibres above one half of the asbestos exposure
standard.
Note
Act compliance—section 22(1) (see regulation 1.1.7).
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(2) Respiratory protective equipment must not be
considered in establishing whether there is a risk
of exposure to airborne asbestos fibres above one
half of the asbestos exposure standard.
(3) The purpose of the medical examination is to
monitor the employee's health for the purpose of
identifying changes in the employee's health status
due to occupational exposure to asbestos.
(4) An employer must ensure that atmospheric
monitoring at the workplace is provided if there is
uncertainty (based on reasonable grounds) as to
whether a medical examination may be required
under this Division.
Note
Act compliance—section 22(1) (see regulation 1.1.7).
(5) An employer must ensure that medical
examinations are provided to an employee—
(a) at intervals of not more than 2 years; and
(b) within 30 days after the employee has ceased
an asbestos-related activity, unless the
employee has had a medical examination
within the preceding year.
Note
Act compliance—section 22(1) (see regulation 1.1.7).
(6) In this regulation the duties of an employer in
relation to medical examinations extend to an
independent contractor.
Note
Act compliance—section 23 (see regulation 1.1.7).
4.3.110 Results of atmospheric monitoring to be made
available
An employer must ensure that copies of the results
of atmospheric monitoring are accessible to the
health and safety representative of any affected
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designated work group and to the affected
employees.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
4.3.111 Notice of medical practitioner
The employer must notify the Authority in writing
within 7 days of the name and contact details of
the registered medical practitioner the employer
has engaged to undertake medical examinations in
accordance with regulation 4.3.109.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
4.3.112 Results of medical examination
(1) An employer must ensure that a summary of
results of a medical examination indicating
whether an asbestos-related disease exists and the
employee's fitness for asbestos-related activities,
is provided to the employer by the registered
medical practitioner.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) The employer must retain a copy of the summary
of results obtained under subregulation (1) for—
(a) a period (not exceeding 30 years) determined
by the Authority; or
(b) if no period has been determined by the
Authority, 30 years.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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4.3.113 Decontamination facilities
(1) An employer carrying out an asbestos-related
activity must ensure that a person does not remove
personal protective clothing or personal protective
equipment that is likely to be contaminated with
asbestos from the work area used for the asbestosrelated activity unless the clothing or equipment is
decontaminated or contained before its removal.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) An employer carrying out an asbestos-related
activity must ensure that any equipment (other
than personal protective equipment) that is used
for the asbestos-related activity and that is likely
to be contaminated with asbestos is—
(a) decontaminated before removal from the
work area used for the asbestos-related
activity; or
(b) placed in a sealed container, the exterior of
which is decontaminated before the container
is removed from the work area used for the
asbestos-related activity.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
4.3.114 Waste containment
An employer carrying out an asbestos-related
activity must ensure that—
(a) any asbestos derived from or associated with
the activity, and that is no longer required in
connection with the activity, is contained so
as to eliminate the release of airborne
asbestos fibres; and
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(b) the exterior of the container—
(i) is decontaminated before being
removed from the work area used for
the activity; and
(ii) indicates the presence of asbestos.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
4.3.115 Disposal of asbestos waste
An employer carrying out an asbestos-related
activity must ensure that asbestos waste is—
(a) disposed of as soon as is reasonably
practicable; and
(b) disposed of in an appropriate manner that
eliminates the release of airborne asbestos
fibres; and
(c) disposed of at a waste disposal site licensed
by the Environment Protection Authority.
Notes
1
Act compliance—sections 21 and 23 (see
regulation 1.1.7).
2
The Environment Protection Authority controls the
transportation of asbestos waste of industrial origin.
Owners of vehicles that transport industrial-sourced
asbestos waste must hold a waste transport permit.
4.3.116 Laundering of clothing contaminated with asbestos
(1) An employer carrying out an asbestos-related
activity must provide for the laundering of
personal protective clothing that is used for an
asbestos-related activity and that is likely to be
contaminated with asbestos and that is not
contained and disposed of in accordance with
regulations 4.3.114 and 4.3.115.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
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(2) If the employer arranges for personal protective
clothing that is likely to be contaminated with
asbestos to be laundered at a commercial laundry,
the employer must ensure that—
(a) the clothing is contained so as to eliminate
the release of airborne asbestos fibres; and
(b) the exterior of the container—
(i) is decontaminated before being
removed from the work area; and
(ii) indicates the presence of asbestos
before the clothing is transferred to the
laundry.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
4.3.117 Provision of information to job applicants
An employer must provide each applicant who
applies for employment with the employer to
carry out an asbestos-related activity (other than
activities specified in paragraphs (h) and (k) of
regulation 4.3.100) with information about the
nature of the hazard and the risks associated with
exposure to airborne asbestos fibres.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
4.3.118 Training record
An employer must—
(a) make a record of training provided in
relation to carrying out asbestos-related
activities in accordance with
regulation 2.1.2; and
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(b) retain that record for so long as it is
applicable.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
__________________
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PART 4.4—LEAD
Division 1—Introductory matters
4.4.1 Application of Part
This Part applies to workplaces where a lead
process is undertaken.
Note
Part 4.1 (Hazardous Substances) also imposes duties on
employers in relation to labelling and Material Safety Data
Sheets.
4.4.2 What is a lead process?
A lead process consists of one or more of the
following—
(a) work that exposes a person to lead dust or
lead fumes arising from the manufacture or
handling of dry lead compounds;
(b) work in connection with the manufacture,
assembly, handling or repair of, or parts of,
batteries containing lead that involves the
manipulation of dry lead compounds or the
pasting or casting of lead;
(c) breaking up or dismantling of batteries
containing lead, or sorting, packing and
handling of plates or other parts containing
lead removed or recovered from those
batteries;
(d) spraying with molten lead metal or alloys
containing greater than 5% by weight of lead
metal;
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(e) melting or casting of lead alloys containing
greater than 5% by weight of lead metal in
which the temperature of the molten material
exceeds 450ºC;
(f) recovery of lead from its ores, oxides or
other compounds by a thermal reduction
process;
(g) dry machine grinding, discing, buffing or
cutting by power tools of lead containing
greater than 5% by weight of lead metal;
(h) machine sanding or buffing of surfaces
coated with paint containing greater than 1%
by dry weight of lead metal;
(i) a process in which electric arc, oxyacetylene, oxy gas, plasma arc or a flame is
applied, for the purposes of welding, cutting
or cleaning, to the surface of metal that is
coated with lead or paint containing greater
than 1% by dry weight of lead metal;
(j) radiator repairs if exposure to lead dust or
lead fumes may occur;
(k) fire assays, if lead is used;
(l) hand grinding and finishing of lead or alloy
containing greater than 50% by weight of
lead metal;
(m) spray painting with lead paint containing
greater than 1% by dry weight of elemental
lead;
(n) melting of lead metal or alloy containing
greater than 50% by weight of lead metal if
the exposed surface area of the molten
material is greater than 0⋅1 square metre and
the temperature of the molten material does
not exceed 450ºC;
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(o) use of a power tool, including abrasive
blasting and high pressure water jets, to
remove any surface coated with paint
containing greater than 1% by dry weight of
lead metal and the handling of waste
containing lead resulting from that removal;
(p) a process that exposes a person to lead dust
or lead fumes arising from the manufacture
or testing of detonators or other explosives
that contain lead;
(q) a process that exposes a person to lead dust
or lead fumes arising from the firing of
weapons at an indoor firing range;
(r) foundry processes involving—
(i) the melting or casting of lead alloys
containing greater than 1% by weight
of lead metal in which the temperature
of the molten material exceeds 450ºC;
or
(ii) the dry machine grinding, discing,
buffing or cutting by power tools of
lead alloys containing greater than 1%
by weight of lead metal;
(s) a process at a workplace determined by the
Authority to be a lead process in accordance
with regulation 4.4.4.
4.4.3 Females taken to be of reproductive capacity
For the purposes of this Part, a female employee
working in a lead process is to be treated as being
of reproductive capacity, unless she provides her
employer with a written statement advising the
contrary.
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4.4.4 Authority may determine lead process
(1) The Authority may determine a process to be a
lead process.
(2) The Authority must not determine a process to be
a lead process unless the Authority believes the
health of employees at a workplace where the
process is to be carried out is at risk when blood
lead levels of employees or airborne lead levels at
the workplace are taken into account.
4.4.5 Medical examinations and biological monitoring
(1) In this Part, a requirement for a medical
examination of a person is a requirement for a
medical examination of the person to be
conducted by a registered medical practitioner to
monitor the person's health for the purpose of
identifying changes in the person's health status
due to occupational exposure to lead.
(2) In this Part, a requirement for biological
monitoring of a person is a requirement for
biological monitoring that consists of the testing
of the venous blood of the person by a pathology
service accredited by NATA under the
supervision of a registered medical practitioner to
determine the amount of lead in the blood
corrected to a haematocrit of 0·45 (45%) for males
and a haematocrit of 0·42 (42%) for females.
Division 2—Duties of employer
Subdivision 1—Provision of information
4.4.6 Information to job applicants
An employer must provide an applicant who
applies for employment with the employer in a
lead process with information about the health
risks and toxic effects associated with lead
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exposure and the need for, and content of, medical
examinations and biological monitoring.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
4.4.7 Information to employees
Before an employee first starts work in a lead
process over which an employer has control, the
employer must provide the employee with
information in relation to the need for, and details
of, medical examinations and biological
monitoring.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
Subdivision 2—Control of risks associated with lead
processes
4.4.8 Control of risk
(1) An employer must eliminate, so far as is
reasonably practicable, any risk associated with
exposure to lead.
(2) If it is not reasonably practicable for an employer
to ensure that a risk associated with exposure to
lead is eliminated, the employer must reduce that
the risk so far as is reasonably practicable by—
(a) substituting lead with—
(i) a substance that is less hazardous; or
(ii) a less hazardous form of lead; or
(b) isolating employees from the source of
exposure to lead; or
(c) using engineering controls to prevent or
reduce employee exposure to lead; or
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(d) combining any of the risk control measures
in paragraphs (a), (b) and (c).
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(3) If an employer has complied with subregulations
(1) and (2) so far as is reasonably practicable and
a risk associated with exposure to lead remains,
the employer must, so far as is reasonably
practicable, use administrative controls to prevent
or minimise exposure to lead.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(4) If an employer has complied with subregulations
(1), (2) and (3) so far as is reasonably practicable
and a risk associated with exposure to lead
remains, the employer must reduce the risk by
providing appropriate personal protective
equipment that is suitable for the task to
employees at risk.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
4.4.9 Review of risk control measures
(1) An employer must ensure that any measures
implemented to control risks to health from
exposure to lead are reviewed and, if necessary,
revised—
(a) before any significant change is made to the
lead process or a system of work that is
related to the lead process; or
(b) if an employee has been removed from a
lead-risk job under regulation 4.4.23; or
(c) after any incident occurs to which Part 5 of
the Act applies that involves exposure to
lead; or
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(d) if, for any other reason, the risk control
measures do not adequately control the risks;
or
(e) after receiving a request from a health and
safety representative.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(2) A health and safety representative may make a
request under subregulation (1)(e) if the health
and safety representative believes on reasonable
grounds that—
(a) any of the circumstances referred to in
subregulations (1)(a) to (1)(d) exists; or
(b) the employer has failed—
(i) to properly review risk control
measures; or
(ii) to take account of any of the
circumstances in subregulations (1)(a)
to (1)(d) in conducting a review of, or
revising, the risk control measures.
4.4.10 Lead exposure standard not to be exceeded
(1) An employer must ensure that an employee is not
exposed to an airborne concentration of lead dust,
lead mist or lead fumes in that person's breathing
zone at a workplace that exceeds 0·15 milligrams
per cubic metre calculated as a time weighted
average of the atmospheric concentration of lead
over an 8 hour working day and a 40 hour
working week.
Note
Act compliance—section 21 (see regulation 1.1.7).
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(2) An employer must ensure that monitoring of the
airborne concentration of lead dust, lead mist or
lead fumes at the employer's workplace is carried
out if—
(a) there is uncertainty (based on reasonable
grounds) as to whether the lead exposure
standard is or may be exceeded; or
(b) the monitoring is necessary to determine
whether there is a risk to health.
Note
Act compliance—section 22(1) (see regulation 1.1.7).
4.4.11 Provision of results of monitoring
An employer must provide the results of any
monitoring of the airborne concentration of lead
dust, lead mist or lead fumes at the employer's
workplace as soon as is reasonably practicable to
any employee who has been, or may be, exposed
to the lead dust, lead mist or lead fumes.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
4.4.12 Containment of lead
An employer must ensure that any contamination
by lead is confined, so far as is reasonably
practicable, to an area where a lead process is
carried out.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
4.4.13 Cleaning methods
(1) An employer must, so far as is reasonably
practicable, ensure that an area where a lead
process is carried out is kept clean.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
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(2) An employer must, so far as is reasonably
practicable, ensure that the methods used to clean
in an area where a lead process is carried out—
(a) do not create a risk to the health of people in
the immediate vicinity of the area being
cleaned; and
(b) do not have the potential to spread the
contamination of lead.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
4.4.14 Prohibition on eating, drinking and smoking
(1) An employer must ensure that a person does not
eat, drink, chew gum, smoke or carry materials
used for smoking in any area where a lead process
is carried out.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) An employer must provide employees with an
eating and drinking area that, so far as is
reasonably practicable, cannot be contaminated
with lead from any lead process.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
4.4.15 Provision of changing and washing facilities
An employer must, so far as is reasonably
practicable, provide and maintain changing and
washing facilities for employees so as to—
(a) minimise secondary lead exposure from
contaminated clothing; and
(b) minimise ingestion of lead; and
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(c) avoid the spread of lead contamination.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
4.4.16 Laundering, disposal and removal of protective
clothing
(1) An employer must provide for the laundering or
disposal of protective clothing and work clothing
if it is likely that the clothing is contaminated with
lead dust.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) The employer must ensure a person does not
remove clothing required to be laundered or
disposed of under subregulation (1) from the
workplace, except to transfer the clothing to a
commercial laundry or for disposal.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(3) The employer must ensure that clothing to be
laundered or disposed of under subregulation (1),
is bagged and labelled to identify the contents.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
Subdivision 3—Lead-risk jobs
4.4.17 What is a lead-risk job?
A lead-risk job means a job that involves work in
a lead process in which the blood lead level of the
employee is reasonably likely to exceed—
(a) 1⋅45 µmol/L; or
(b) 0⋅48 µmol/L for female employees of
reproductive capacity.
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4.4.18 Identification of lead-risk jobs
(1) An employer must identify a lead process as
either—
(a) reasonably likely to lead to blood lead levels
of employees greater than those set out in
regulation 4.4.17; or
(b) not reasonably likely to lead to blood lead
levels of employees greater than those set out
in regulation 4.4.17.
Note
Act compliance—section 21 (see regulation 1.1.7).
(2) For the purposes of subregulation (1), the
employer must take into account the following
factors—
(a) past biological monitoring results of
employees;
(b) whether the airborne lead level is greater
than half the lead exposure standard;
(c) the form of lead to be used;
(d) the specific tasks or processes required to be
undertaken with the lead;
(e) the likely frequency and duration of
exposure to lead;
(f) possible routes of exposure to lead;
(g) any information regarding incidents,
illnesses or diseases associated with the use
of lead at the workplace.
(3) For the purpose of identifying a lead process
under subregulation (1), an employer must not
have regard to the effect of the use of respiratory
protection to control exposure to lead.
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(4) If, an employer is unable to identify whether or
not a lead process falls within subregulation (1)(a)
or (1)(b), that process is to be treated as being
likely to lead to blood lead levels of employees
greater than those set out in regulation 4.4.17 until
the employer establishes otherwise.
4.4.19 Notification and recording of a lead-risk job
(1) If an employer identifies a lead process that is
likely to lead to blood lead levels of employees
greater than those set out in regulation 4.4.17, the
employer must notify the Authority of the
identification in writing within 7 days after
making that identification.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) A notification under subregulation (1) must
include a reference to the type of lead process
being undertaken.
(3) The employer must retain a copy of the
notification under subregulation (1) for the period
that the lead process is conducted at the
workplace.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(4) The employer must make a copy or record of the
notification readily accessible to an employee who
has the potential to be exposed to lead and the
employee's relevant health and safety
representative for the period that the lead process
is conducted at the workplace.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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4.4.20 Health surveillance before first starting lead-risk
job
(1) An employer must arrange for a medical
examination for an employee and biological
monitoring of an employee before the employee
first starts work in a lead-risk job.
Notes
1
Act compliance—section 22(1) (see regulation 1.1.7).
2
See regulation 4.4.5.
(2) An employer must arrange for the biological
monitoring of an employee within one month after
the employee starts work in a lead-risk job.
Notes
1
Act compliance—section 22(1) (see regulation 1.1.7).
2
See regulation 4.4.5.
(3) In this regulation the duties of an employer in
relation to medical examination and biological
monitoring extend to an independent contractor.
Note
Act compliance—section 23 (see regulation 1.1.7).
4.4.21 Health surveillance for jobs subsequently identified
as lead-risk job
(1) An employer must, as soon as reasonably possible
after a job is identified as a lead-risk job, arrange
for a registered medical practitioner to conduct a
medical examination and biological monitoring of
an employee in that job if—
(a) the job was not identified as a lead-risk job at
the time the employee started working in that
job; and
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(b) after the employee started working in that
job, the job is identified as a lead-risk job;
and
(c) the employer had not, before the
identification of the job as a lead-risk job,
provided for a medical examination or
biological monitoring of that employee.
Notes
1
Act compliance—section 22(1) (see regulation 1.1.7).
2
See regulation 4.4.5.
(2) In this regulation the duties of an employer in
relation to medical examination and biological
monitoring extend to an independent contractor.
Note
Act compliance—section 23 (see regulation 1.1.7).
4.4.22 Frequency of biological monitoring
(1) An employer must arrange for biological
monitoring under the supervision of a registered
medical practitioner of all employees in a leadrisk job at the following intervals—
(a) for females not of reproductive capacity and
males—
(i) 6 months after the last biological
monitoring if the result of that last
monitoring shows a blood lead level
result of less than 1⋅45 µmol/L; or
(ii) 3 months after the last biological
monitoring if the result of that last
monitoring shows a blood lead level of
1⋅45 µmol/L or more but less than
1⋅93 µmol/L; or
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(iii) 6 weeks after the last biological
monitoring if the result of the last
monitoring shows a blood lead level of
1⋅93 µmol/L or more;
(b) for females of reproductive capacity—
(i) 3 months after the last biological
monitoring if the result of that last
monitoring shows a blood lead level of
less than 0⋅48 µmol/L; or
(ii) 6 weeks after the last biological
monitoring if the result of that last
monitoring shows a blood lead level
result of 0⋅48 µmol/L or more.
Notes
1
Act compliance—section 22(1) (see regulation 1.1.7).
2
See regulation 4.4.5.
(2) An employer must increase the frequency of
biological monitoring if the employee is carrying
out an activity that is likely to significantly change
the nature or increase the duration or frequency of
the employee's lead exposure.
Note
Act compliance—section 22(1) (see regulation 1.1.7).
(3) The Authority may determine a different
frequency for biological monitoring for a
workplace or for a class of employees undertaking
a lead-risk job, having regard to—
(a) the nature of the work and likely duration
and frequency of exposure; and
(b) the likelihood that the blood lead level of
employees will significantly increase.
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(4) If the Authority makes a determination under
subregulation (3), and the determination applies to
an employer's workplace or employees, the
employer must provide the biological monitoring
required by subregulation (1) in relation to the
workplace or employees at the frequency
specified in the determination.
Note
Act compliance—section 22(1) (see regulation 1.1.7).
(5) In this regulation the duties of an employer in
relation to biological monitoring extend to an
independent contractor.
Note
Act compliance—section 23 (see regulation 1.1.7).
4.4.23 Removal from lead-risk job
(1) An employer must immediately remove an
employee from a lead-risk job if—
(a) the results of biological monitoring reveal
that the blood lead level of the employee is at
or above—
(i) 2⋅41 µmol/L—for females not of
reproductive capacity and males;
(ii) 0⋅97 µmol/L—for females of
reproductive capacity;
(iii) 0⋅72 µmol/L—for females who are
pregnant or breast feeding; or
(b) following a medical examination by a
registered medical practitioner, that
practitioner is of the opinion that the
employee must be removed from that job; or
(c) there is an indication that risk control
measures in place have failed and as a result,
it is likely that the blood lead level of the
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employee will reach or exceed the removal
levels set out in paragraph (a).
Note
Act compliance—section 21 (see regulation 1.1.7).
(2) In this regulation the duties of an employer in
relation to removal of an employee from a leadrisk job extend to an independent contractor.
Note
Act compliance—section 23 (see regulation 1.1.7).
4.4.24 Medical examination if removed from lead-risk job
(1) If a person has been removed from a lead-risk job
as a result of regulation 4.4.23(1)(a) or
4.4.23(1)(c), the employer must provide for the
person to have a medical examination by a
registered medical practitioner within 7 days after
that removal.
Note
Act compliance—section 22(1) (see regulation 1.1.7).
(2) If a medical examination of a person removed as a
result of regulation 4.4.23(1)(c) reveals that the
blood lead level of the employee is below the
levels set out in regulation 4.4.23(1)(a), and the
medical practitioner agrees, the employer may
allow the person to return to the lead-risk job.
4.4.25 Return after medical removal
(1) This regulation only applies if an employer
expects that an employee will return to a lead-risk
job after removal from that job.
(2) An employer must arrange for an employee who
has been removed from a lead-risk job in
accordance with regulation 4.4.23(1)(a) or
4.4.23(1)(b) to be re-examined by a registered
medical practitioner, at a frequency determined by
the registered medical practitioner, to determine
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whether the employee is suitable to return to a
lead-risk job.
Note
Act compliance—section 22(1) (see regulation 1.1.7).
(3) The employer must ensure that the employee does
not return to a lead-risk job until—
(a) the employee's blood lead level is less
than—
(i) 1⋅93 µmol/L—for females not of
reproductive capacity and males;
(ii) 0⋅48 µmol/L—for females of
reproductive capacity; and
(b) a registered medical practitioner certifies that
the employee is fit to return to the lead-risk
job.
Note
Act compliance—section 21 (see regulation 1.1.7).
(4) In this regulation the duties of an employer in
relation to an employee return to work after
removal from a lead-risk job extend to an
independent contractor.
Note
Act compliance—section 23 (see regulation 1.1.7).
4.4.26 Requirements for medical examinations
(1) An employer must provide a registered medical
practitioner who is to conduct a medical
examination of a person required by this Part with
details of—
(a) the name and address of the employer;
(b) the name and date of birth of the person to be
examined;
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(c) the lead process the person is engaged in;
(d) the period the person has been engaged in
that process.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) The employer must ensure that the registered
medical practitioner provides the employer with a
report setting out details of—
(a) the dates of examinations and blood
sampling; and
(b) the results of the biological monitoring and
any other tests; and
(c) the name of any pathology service used.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(3) The employer must ensure that the registered
medical practitioner provides the employer with
details of any opinion formed by the practitioner
after the medical examination as to whether the
person examined—
(a) is suitable on medical grounds to work in a
lead-risk job;
(b) has excessive lead absorption and must not
work in a lead-risk job;
(c) shows symptoms or signs of clinical lead
poisoning and is unfit to work;
(d) is fit to return to work in a lead-risk job;
(e) is fit to continue work in a lead-risk job.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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4.4.27 Information to go to Authority
(1) If an employer has removed a person from a leadrisk job in accordance with regulation 4.4.23, the
employer must ensure that a copy of the results of
the biological monitoring referred to in that
regulation is forwarded to the Authority within
48 hours after the employer receives it.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) If a person—
(a) is removed from a lead-risk job under
regulation 4.4.23; and
(b) is not allowed to return to that job under
regulation 4.4.24(2)—
the employer must ensure that a copy of the report
of the medical examination conducted under
regulation 4.4.24 setting out the details required
by regulation 4.4.26(2) is forwarded to the
Authority within 48 hours after the employer
receives it.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(3) An employer must notify the Authority in writing
within 7 days of the name and contact details of
the registered medical practitioner the employer
has engaged to undertake medical examinations
for the purposes of this Part.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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4.4.28 Records
An employer must retain the report of a medical
examination returned to the employer by a
registered medical practitioner under this Part, and
all the results of biological monitoring of a person
provided for by the employer under this Part,
for—
(a) a period (not exceeding 30 years) determined
by the Authority; or
(b) if no period has been determined by the
Authority, 30 years.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
Division 3—Employee duties
4.4.29 Eating, drinking, smoking etc.
(1) An employee must not eat, drink, chew gum,
smoke or carry materials used for smoking in any
area where a lead process is carried out.
Penalty: 100 penalty units.
(2) An employee who has been in any area where a
lead process is carried out must remove any lead
contaminated clothing and equipment he or she
has used before entering an area designated for
eating and drinking.
Penalty: 100 penalty units.
(3) An employee who has been in any area where a
lead process is carried out must wash his or her
hands and face after leaving the area and before
eating, drinking or smoking.
Penalty: 100 penalty units.
__________________
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CHAPTER 5—HAZARDOUS INDUSTRIES
PART 5.1—CONSTRUCTION
Division 1—Introductory matters
5.1.1 Application of Part
(1) This Part applies to workplaces where
construction work is performed.
(2) To avoid doubt, this Part does not apply to the
owner of domestic premises—
(a) personally performing construction work at
those premises; or
(b) if those premises become a workplace due to
construction work being performed, and the
owner engages a person to manage or control
the workplace under regulation 5.1.14(2).
5.1.2 What is construction work?
(1) In these Regulations construction work means
any work performed in connection with the
construction, alteration, conversion, fitting out,
commissioning, renovation, refurbishment,
decommissioning, or demolition of any building
or structure, or any similar activity.
(2) Without limiting subregulation (1), work referred
to in that subregulation includes—
(a) installation, testing, maintenance and repair
work performed in connection with the
construction work; and
(b) the removal from the workplace of any
product or waste resulting from the
demolition; and
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(c) the prefabrication or testing of elements at a
place specifically established for the
construction project; and
Example
An example of a prefabricated element of a structure
is a concrete panel.
(d) the assembly of prefabricated elements to
form a building or structure or the
disassembly of prefabricated elements, that,
immediately before the disassembly, formed
a building or structure; and
(e) the installation, testing and maintenance of
gas, water, sewerage, electricity or
telecommunications services in or of any
building or structure; and
(f) any work in connection with any excavation,
landscaping, preparatory work, or site
preparation performed for the purpose of any
work referred to in subregulation (1) or this
subregulation; and
(g) any work referred to in subregulation (1)
performed under water, including work on
buoys, obstructions to navigation, rafts, ships
and wrecks.
(3) In these Regulations construction work does not
include—
(a) the assembly, disassembly, prefabrication or
manufacture of fixed plant; or
(b) the prefabrication of elements as standard
stock for sale; or
(c) routine or minor testing, maintenance or
repair work performed in connection with a
building or structure; or
(d) the exploration for, or extraction of, minerals
or stone.
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5.1.3 What is high risk construction work?
In this Part high risk construction work means
construction work—
(a) where there is a risk of a person falling more
than 2 metres;
(b) on telecommunications towers;
(c) involving demolition;
(d) involving the removal or likely disturbance
of asbestos;
(e) involving structural alterations that require
temporary support to prevent collapse;
(f) involving a confined space;
(g) involving a trench or shaft if the excavated
depth is more than 1·5 metres;
(h) involving a tunnel;
(i) involving the use of explosives;
(j) on or near pressurised gas distribution mains
or piping;
(k) on or near chemical, fuel or refrigerant lines;
(l) on or near energised electrical installations
or services;
(m) in an area that may have a contaminated or
flammable atmosphere;
(n) involving tilt-up or precast concrete;
(o) on or adjacent to roadways or railways used
by road or rail traffic;
(p) at workplaces where there is any movement
of powered mobile plant;
(q) in an area where there are artificial extremes
of temperature;
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(r) in, over or adjacent to water or other liquids
where there is a risk of drowning;
(s) involving diving.
5.1.4 What is a structure?
In this Part structure includes—
(a) any construction wall, mast, tower, pylon, or
structural cable; and
(b) any tunnel, shaft, underground tank, pipe or
pipeline, sea defence works, river works,
earthworks, earth retaining construction, or
construction designed to preserve or alter
any natural feature; and
(c) any road, railway line or siding, tramway
line, airfield, dock, harbour, inland
navigation channel, bridge, viaduct,
waterworks, reservoir, aqueduct, constructed
lagoon, dam, sewer, sewerage or drainage
works, electricity generation facility,
electricity transmission facility, electricity
distribution facility, gas generation facility,
gasholder, gas transmission facility, gas
distribution facility, or park or recreation
ground facility; and
(d) any ship or submarine; and
(e) any fixed plant; and
(f) any formwork, falsework, scaffold or other
construction designed or used to provide
support or access or containment during
construction; and
(g) any part of a thing set out in paragraphs (a)
to (f).
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5.1.5 What is a safe work method statement?
In this Part a safe work method statement means a
document that—
(a) identifies work that is high risk construction
work; and
(b) states the hazards and risks to health or
safety of that work; and
(c) sufficiently describes measures to control
those risks; and
(d) describes the manner in which the risk
control measures are to be implemented.
5.1.6 Self-employed person to have the same duties as an
employer
(1) A self-employed person must comply with the
requirements of this Part as if that person were an
employer.
(2) If a provision of this Part is an Act compliance
provision, compliance by a self-employed person
with that provision in respect of a matter is the
way that the self-employed person complies with
the self-employed person's duty under section 24
of the Act in respect of that matter.
(3) A self-employed person's duties under this
regulation apply only so far as to ensure, so far as
is reasonably practicable, that persons are not
exposed to risks to their health and safety arising
from the conduct of the undertaking of the selfemployed person.
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Division 2—Control of risk
Subdivision 1—Duties of employers
5.1.7 Control of risk
(1) An employer must eliminate any risk to health or
safety associated with construction work, so far as
is reasonably practicable.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(2) If it is not reasonably practicable to eliminate a
risk to health or safety associated with
construction work, the employer must reduce that
risk so far as is reasonably practicable by—
(a) substituting, for the hazard giving rise to the
risk to health or safety, a new activity,
procedure, plant, process or substance that
gives rise to a lesser risk to health or safety;
or
(b) isolating persons from the hazard; or
(c) using engineering controls; or
(d) combining any of the risk control measures
in paragraphs (a), (b) and (c).
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(3) If an employer has complied with subregulations
(1) and (2) so far as is reasonably practicable and
a risk to health or safety associated with the
construction work remains, the employer must, so
far as is reasonably practicable, use administrative
controls to reduce that risk.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
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(4) If an employer has complied with subregulations
(1), (2) and (3) so far as is reasonably practicable
and a risk to health or safety associated with the
construction work remains, the employer must
control that risk by providing appropriate personal
protective equipment that is suitable to the task to
persons at risk.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
5.1.8 Review of risk control measures
(1) An employer must ensure that any measures
implemented to control risks to health or safety in
relation to construction work are reviewed and, if
necessary, revised—
(a) before any change is made to the way the
construction work is performed or to the
system of work associated with the
construction work, including a change in the
location of the construction work; or
(b) if new or additional information about
hazards relating to the construction work
becomes available to the employer; or
(c) if, for any other reason, the risk control
measures do not adequately control the risks
to health and safety associated with the
construction work; or
(d) after receiving a request from a health and
safety representative.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
(2) A health and safety representative may make a
request under subregulation (1)(d) if the health
and safety representative believes on reasonable
grounds that—
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(a) any of the circumstances referred to in
subregulations (1)(a) to (1)(c) exists; or
(b) the employer has failed—
(i) to review properly the risk control
measures; or
(ii) to take account of any of the
circumstances referred to in
subregulations (1)(a) to (1)(c) in
conducting a review of, or revising, the
risk control measures.
5.1.9 Safe work method statement required for high risk
construction work
(1) An employer must not perform high risk
construction work if there is a risk to the health or
safety of any person arising from the work,
unless—
(a) a safe work method statement is prepared for
the work before the work commences; and
(b) the work is performed in accordance with the
statement.
(2) If there is non-compliance with a safe work
method statement prepared under
subregulation (1) in relation to particular work,
the employer must—
(a) stop that work immediately or as soon as it is
safe to do so; and
(b) not resume the work until the statement is
complied with or reviewed and, if necessary,
revised in accordance with regulation 5.1.10.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
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(3) For high risk construction work involving the
removal or likely disturbance of asbestos, if there
is a risk to the health or safety of any person
arising from the work—
(a) preparation of an asbestos control plan in
accordance with regulation 4.3.69 is taken to
be preparation of a safe work method
statement; and
(b) compliance with the asbestos control plan is
taken to be compliance with a safe work
method statement in relation to the risk to
health or safety of exposure to airborne
asbestos fibres.
5.1.10 Safe work method statement to be reviewed and
revised
An employer performing high risk construction
work for which a safe work method statement is
required under regulation 5.1.9 must ensure that a
safe work method statement is reviewed and if
necessary, revised—
(a) whenever the high risk construction work
changes; or
(b) if there is an indication that risk control
measures (including risk control measures
required under any other Part of these
Regulations) are not controlling the risks to
health or safety adequately, including after
any incident that occurs during high risk
construction work.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
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5.1.11 Copy of safe work method statement to be retained
An employer must retain a copy of a safe work
method statement for the duration of the high risk
construction work.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
5.1.12 Site-specific training
An employer must ensure that a person whom the
employer employs to perform construction work
is provided with occupational health and safety
training that relates to the particular workplace at
which the construction work is to be performed.
Note
Act compliance—section 21 (see regulation 1.1.7).
Subdivision 2—Duties of principal contractors
5.1.13 Application of Subdivision
(1) This Subdivision applies to a construction project
if the cost of the project is $250 000 or more.
(2) For the purposes of this Part, the cost of a
construction project is to be valued in the same
way that a construction contract is valued under
section 11 of the Building and Construction
Industry Security of Payment Act 2002.
5.1.14 Who is the principal contractor for a construction
project?
(1) The owner is the principal contractor of the
workplace where the construction project is to be
carried out unless the owner—
(a) appoints a principal contractor for the
construction work performed for or on behalf
of the owner; and
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(b) authorises the principal contractor to manage
or control the workplace to the extent
necessary to discharge the duties imposed on
a principal contractor under this Subdivision.
(2) If domestic premises become a workplace due to
construction work being performed and the owner
of those premises engages a person to manage or
control the workplace, the person engaged is taken
to be the principal contractor for the purposes of
this Subdivision.
5.1.15 Signage of principal contractor
(1) A principal contractor must ensure the placement
of signs that are clearly visible from outside the
workplace where the construction work is being
performed, showing the name and contact
telephone numbers of the principal contractor.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) Subregulation (1) does not apply if the details
required under subregulation (1) are displayed in
accordance with regulation 317 of the Building
Regulations 2006.
5.1.16 Health and safety co-ordination plans
A principal contractor for a construction project
must ensure that—
(a) a health and safety co-ordination plan is
prepared, in accordance with
regulation 5.1.17, for construction work
before that work commences; and
(b) the plan is monitored, maintained and kept
up to date during the course of the
construction work.
Note
Act compliance—section 26 (see regulation 1.1.7).
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5.1.17 Content of health and safety co-ordination plans
The principal contractor must ensure that the
health and safety co-ordination plan includes—
(a) a list of the names, positions and
responsibilities of all persons who will have
specific responsibilities for health and safety;
and
Example
Persons who may have specific responsibilities for
health and safety may include occupational health and
safety managers, first aid officers, principal
contractors or other persons who have responsibility
for implementing the health and safety coordination
plan.
(b) the arrangements for the co-ordination of the
health and safety of persons engaged to
perform construction work; and
(c) the arrangements for managing occupational
health and safety incidents when they occur;
and
(d) any site safety rules, with the arrangements
for ensuring that all persons at the workplace
are informed of the rules.
5.1.18 Health and safety co-ordination plan available for
inspection
(1) The principal contractor must ensure that a copy
of the health and safety co-ordination plan and of
any revisions to that plan are retained for the
duration of the construction project and are
available for inspection throughout the course of
the construction work by persons including—
(a) any person engaged to perform construction
work at the workplace; and
(b) any person about to commence work at the
workplace; and
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(c) an employee member of a health and safety
committee, a health and safety representative
or a person nominated under
regulation 2.2.2(4).
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) Before any person commences construction work
at a workplace the principal contractor must
ensure that the person—
(a) is aware of the health and safety coordination plan for that workplace and any
revisions of the plan; and
(b) is provided with access to the plan and any
revisions of the plan.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
Division 3—Induction training for construction work
5.1.19 Application of Division
This Division applies to all persons at a workplace
at which construction work is performed, with the
exception of—
(a) visitors to the workplace who are
accompanied at all times by a person who
has received construction induction training;
and
(b) persons temporarily at the workplace to
deliver plant, supplies or materials.
Note
A duty may still be owed under the Act to the persons
referred to in paragraphs (a) and (b) to ensure they are not
exposed to risks to their health or safety.
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5.1.20 Construction induction training to be provided
(1) Subject to regulation 5.1.23, an employer must
ensure that construction induction training is
provided in accordance with this regulation to a
person who is employed to perform construction
work and—
(a) who is neither registered, nor taken under
these Regulations to be registered, under
Part 6.2 (Registration) to perform
construction work; or
(b) who has not performed construction work in
the preceding 2 years.
Notes
1
Act compliance—sections 21 and 23 (see
regulation 1.1.7).
2
Regulation 6.2.21 provides that the registration of a
person lapses if that person has not performed any
construction work for any consecutive period of
2 years.
(2) The construction induction training must be
provided to the person before the person
commences construction work.
(3) The construction induction training must be
provided by a construction RTO.
Note
In addition to this specific duty, an employer has a general
duty under section 21(2)(e) of the Act to provide such
information, instruction, training or supervision to
employees as is necessary to enable the employees to
perform their work in a way that is safe and without risks to
health.
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5.1.21 Requirement to be registered
Subject to regulation 5.1.23, a person must not
perform construction work at a workplace unless
the person is registered, or taken under these
Regulations to be registered, under Part 6.2
(Registration) to perform construction work.
Notes
1
See section 40(4) of the Act.
2
Part 6.2 (Registration) sets out the process for
obtaining registration for construction work.
5.1.22 Employer must not allow unregistered employee to
perform construction work
Subject to regulation 5.1.23, an employer must not
knowingly allow a person (including a person
placed with an employer under a work experience
arrangement under the Education and Training
Reform Act 2006) whom the employer employs
to perform construction work unless the person is
registered, or taken under these Regulations to be
registered, under Part 6.2 (Registration) to
perform construction work.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
5.1.23 Temporary exemption
(1) If an employer employs a person to perform
construction work, regulations 5.1.20, 5.1.21 and
5.1.22 do not apply for the first 28 consecutive
days if—
(a) the person employed has not performed
construction work in the preceding 2 years;
and
(b) the employer ensures that an application for
the person to undertake construction
induction training is made and paid for by
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the employer before or during that 28 day
period.
(2) The employer must ensure that the person
employed receives—
(a) direct supervision; and
(b) directions, demonstrations and monitoring—
appropriate to the construction work performed by
the person, for the 28 day period referred to in
subregulation (1), so that, so far as is reasonably
practicable, the person can perform the work in a
manner that is safe and without risks to health.
Note
Act compliance—sections 21 and 23 (see regulation 1.1.7).
5.1.24 Offence to refuse to accept construction induction
card
(1) An employer must not knowingly refuse to accept
a current construction induction card from a
person as evidence of the registration of that
person to perform construction work for the
purposes of this Part.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) For the purposes of subregulation (1),
construction induction card means—
(a) a construction induction card issued by the
Authority under Part 6.2 (Registration);
(b) recognised evidence of construction
induction training;
(c) a construction statement of attainment issued
to a person within the previous 60 day
period;
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(d) a card evidencing completion before 1 July
2008 of the Construction Industry Basic
Induction training course.
5.1.25 Record
An employer must make a record containing
details of any construction induction card (within
the meaning of regulation 5.1.24) in relation to
each person employed to perform construction
work and retain that record while that person is so
employed.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
Division 4—Notification of construction excavation work
5.1.26 Application of Division
(1) This Division applies to a proposed construction
excavation if―
(a) the excavation will be of sufficient
dimensions or depth to allow the entry of a
person; or
(b) there will be a risk to the health or safety of
any person from the excavation.
(2) Despite subregulation (1), this Division does not
apply to excavation of a shaft or trench made as
part of building work for which a building permit
has been issued and is in force under the Building
Act 1993.
(3) Despite subregulation (1), this Division does not
apply to excavation of a shaft, trench or tunnel
being―
(a) a mine; or
(b) a bore to which the Water Act 1989 applies;
or
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(c) a quarry within the meaning of the
Extractive Industries Development Act
1995; or
(d) made for the purpose of undertaking
emergency work; or
(e) made for the rescue of any person or the
carrying out of an emergency response by an
emergency service; or
(f) made for use as a place of burial or interment
of the dead.
5.1.27 Requirement to notify intention to perform
construction excavation work
(1) An employer must notify the Authority in
accordance with subregulation (2) of an intention
to perform construction excavation work on a
shaft, trench or tunnel at least 3 days before
commencing that work.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) The notification must be in writing and must
include the following information―
(a) the name of the employer who is making the
notification;
(b) the name of the person directly supervising
the proposed construction excavation work
and that person's contact details;
(c) the date of notification;
(d) a description of the type of construction
excavation proposed;
(e) whether explosives will be used in carrying
out the proposed construction excavation;
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(f) the date or dates on which construction
excavation work is likely to commence and
be completed;
(g) the location or locations of the proposed
construction excavation work.
Note
Paragraphs (f) and (g) allow the person notifying to make
one notification for a construction excavation associated
with a single project which may extend through several
locations and be carried out over a period of time.
__________________
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PART 5.2—MAJOR HAZARD FACILITIES
Division 1—Introductory matters
5.2.1 Application of Part
This Part does not apply to—
(a) a building or other structure on land used for
an activity to which section 157(2)(a) of the
Act applies; or
(b) a pipeline in respect of which a licence has
been issued under the Pipelines Act 2005; or
(c) a distribution pipeline within the meaning of
the Gas Industry Act 2001.
5.2.2 Application of Divisions 3, 5 and 10
(1) Subject to this regulation, Divisions 3, 5 and 10 do
not apply to and in relation to a major hazard
facility that is registered under Part 6.2
(Registration).
(2) The operator of a registered major hazard facility
must comply with Divisions 3, 5 and 10 so far as
is reasonably practicable.
5.2.3 Schedule 9 materials
In this Part a reference to Schedule 9 materials
likely to be present at a facility is a reference to
the maximum quantity of the Schedule 9 materials
that would meet the capacity of the facility,
including—
(a) the maximum capacity of process vessels
and interconnecting piping systems to
contain the materials;
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(b) the maximum capacity of storage tanks and
vessels used for the materials;
(c) the maximum storage capacity of other
storage areas at the facility that could contain
the materials;
(d) the maximum capacity of pipelines outside
process areas to contain the materials;
(e) the maximum quantity of the materials that
would, in the event of a failure, escape onto
the premises of the facility from a pipeline
that is situated off the premises but
connected to the facility;
(f) the maximum quantity of the materials
loaded into or onto, or unloaded from,
vehicles, trailers, rolling stock and ships that
are from time to time present at the facility in
the course of the facility's operations.
Division 2—General provisions
5.2.4 Authority may require information
(1) The Authority may by written notice require the
operator of a facility or a person who intends to be
the operator of a facility to provide such
information concerning the operation of the
facility as the Authority reasonably requires for
the purposes of this Part.
(2) A notice under subregulation (1) must specify—
(a) the information required; and
(b) the date by which the information must be
provided.
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(3) A person who receives a notice under
subregulation (1) must provide the information in
accordance with the notice.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
Note
Section 154 of the Act provides that a natural person may
refuse or fail to give information required by the regulations
if giving the information would tend to incriminate the
person.
Division 3—Safety duties of operators
5.2.5 Safety Management System
(1) The operator of a major hazard facility must
establish and implement a Safety Management
System for the major hazard facility, in
accordance with this regulation.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(2) The operator must use the Safety Management
System as the primary means of ensuring the safe
operation of the major hazard facility.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(3) A Safety Management System must—
(a) be documented; and
(b) provide a comprehensive and integrated
management system for all aspects of risk
control measures adopted under this Part;
and
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(c) be set out and expressed in a way that is
readily accessible and comprehensible to
persons who use it; and
(d) set out the operator's safety policy, including
the operator's broad aims in relation to the
safe operation of the major hazard facility;
and
(e) set out the operator's specific safety
objectives and describe the systems and
procedures by which those objectives are to
be achieved; and
(f) set out how the operator intends to comply
with this Division and Division 5; and
(g) include all of the matters specified in
Schedule 10.
(4) The operator of a major hazard facility must
review and, if necessary, revise the Safety
Management System if—
(a) a modification is made to the major hazard
facility; or
(b) a major incident occurs at the major hazard
facility—
and in any event at least once every 5 years.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
5.2.6 Identification of major incidents and major incident
hazards
(1) The operator of a major hazard facility must
identify—
(a) all major incidents that could occur at the
major hazard facility; and
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(b) all major incident hazards.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(2) The operator must document all aspects of any
identification made under this regulation,
including—
(a) the methods and criteria used for identifying
major incidents and major incident hazards;
and
(b) any external conditions under which those
major incident hazards might give rise to a
major incident.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
5.2.7 Safety Assessment
(1) The operator of a major hazard facility must
conduct a comprehensive and systematic Safety
Assessment, in accordance with this regulation, in
relation to all potential major incidents and all
major incident hazards.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(2) A Safety Assessment must involve an
investigation and analysis of the major incident
hazards and major incidents so as to provide the
operator with a detailed understanding of all
aspects of risk to health and safety associated with
major incidents, including—
(a) the nature of each major incident hazard and
major incident;
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(b) the likelihood of each major incident hazard
causing a major incident;
(c) in the event of a major incident occurring—
(i) its magnitude; and
(ii) the severity of its consequences to
persons both on-site and off-site;
(d) the range of risk control measures
considered.
(3) In conducting a Safety Assessment, the operator
must—
(a) consider major incident hazards and major
incidents cumulatively as well as
individually; and
(b) use assessment methods (whether
quantitative or qualitative, or both) that are
appropriate to the major incident hazards
being considered.
(4) The operator must document all aspects of the
Safety Assessment, and the documentation
must—
(a) describe the methods used in the
investigation and analysis;
(b) state all the matters specified in
subregulations (2)(a) to (2)(d);
(c) contain reasons for decisions as to the
matters specified in subregulations (2)(b) and
(2)(c);
(d) contain, in relation to the range of risk
control measures considered—
(i) statements as to their viability and
effectiveness; and
(ii) reasons for selecting certain risk control
measures and rejecting others;
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(e) be kept available for inspection on request
under the Act.
5.2.8 Control of risk
(1) The operator of a major hazard facility must adopt
risk control measures that—
(a) eliminate so far as is reasonably practicable
the risk of a major incident occurring; or
(b) if it is not reasonably practicable to eliminate
those risks, reduce that risk so far as is
reasonably practicable.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(2) The operator of a major hazard facility must adopt
risk control measures designed to reduce, in the
event of a major incident occurring, its magnitude
and the severity of its consequences to persons
both on-site and off-site.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
5.2.9 Emergency plan
(1) The operator of a major hazard facility must
prepare an emergency plan for the major hazard
facility in accordance with this regulation.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(2) The emergency plan prepared under this
regulation must be included as a risk control
measure adopted under regulation 5.2.8 for that
major hazard facility.
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(3) An emergency plan must—
(a) address the potential on-site and off-site
consequences of a major incident occurring;
and
(b) include all matters specified in Schedule 11;
and
(c) be prepared in conjunction with—
(i) the emergency services that have
responsibility for the area in which the
major hazard facility is located; and
(ii) in relation to the off-site consequences
of a major incident occurring, the
municipal councils in the area occupied
by the local community.
(4) After preparing an emergency plan, the operator
must—
(a) keep a copy of the emergency plan at the
major hazard facility for use by the
emergency services consulted under
subregulation (3)(c)(i); and
(b) inform those emergency services of the
location of the copy of the emergency plan;
and
(c) forward a copy of the plan to those
emergency services.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
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5.2.10 Emergency plan must be tested
The operator of a major hazard facility must—
(a) test the emergency plan for the facility at
suitable intervals, not exceeding 3 years; and
(b) take all necessary steps to arrange for the
emergency services consulted under
regulation 5.2.9(3)(c)(i) to participate in the
test of the emergency plan.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
5.2.11 Emergency plan to be put into action in the event of
a major incident
(1) An operator who has prepared an emergency plan
must put the emergency plan into effect without
delay if—
(a) a major incident occurs; or
(b) an uncontrolled event or incident occurs that
could reasonably be expected to lead to a
major incident.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(2) Immediately after becoming aware that a major
incident has occurred, the operator of a major
hazard facility must notify the emergency services
that have responsibility for the area in which the
major hazard facility is located.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
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5.2.12 Review by operator
(1) The operator of a major hazard facility who has—
(a) identified major incident hazards and
possible major incidents under
regulation 5.2.6; or
(b) conducted a Safety Assessment under
regulation 5.2.7; or
(c) adopted risk control measures under
regulation 5.2.8—
must review and, if necessary, revise those matters
to ensure that the risk control measures adopted
are such that the operator continues to comply
with regulation 5.2.8.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(2) A review and revision under this regulation must
be conducted—
(a) at the direction of the Authority; or
(b) before a modification is made to the major
hazard facility; or
(c) after a major incident occurs at the major
hazard facility; or
(d) when an effectiveness test indicates a
deficiency in a risk control measure; or
(e) if there has been any change to the
circumstances that formed part of the initial
Property Protection Assessment under
regulation 5.2.36; or
(f) if a health and safety representative requests
the operator to conduct a review—
and in any event at least once every 5 years.
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(3) A health and safety representative may make a
request under subregulation (2)(f) if the health and
safety representative believes on reasonable
grounds that—
(a) any of the circumstances referred to in
subregulations (2)(a) to (2)(e) exists; or
(b) the operator has failed—
(i) to properly review the risk control
measures; or
(ii) to take into account any of the
circumstances referred to in
subregulations (2)(a) to (2)(e) in
conducting a review of the risk control
measures.
(4) The operator must review and, if necessary, revise
the emergency plan for the major hazard facility
in conjunction with—
(a) the emergency services that have
responsibility for the area in which the major
hazard facility is located; and
(b) in relation to the off-site consequences of a
major incident occurring, the municipal
councils within the area occupied by the
local community.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
5.2.13 Safety role for employees
(1) The operator of a major hazard facility must
develop a role for the operator's employees,
including the specific procedures employees are
required to follow to assist the operator to—
(a) identify major incident hazards and possible
major incidents under regulation 5.2.6;
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(b) conduct or review a Safety Assessment
under regulations 5.2.7 and 5.2.12;
(c) adopt or review risk control measures under
regulations 5.2.8 and 5.2.12;
(d) establish and implement a Safety
Management System under regulation 5.2.5.
Notes
1
Act compliance—section 21 (see regulation 1.1.7).
2
Sections 35 and 36 of the Act set out the duty of the
employer to consult, including involving the health and
safety representative (if any). (See also
regulation 2.1.5). See also the consultation
requirements in Division 5 of this Part.
(2) The operator must review the role for employees
developed under this regulation if there is a
change of circumstances, including a modification
to a major hazard facility, that would require
additional or different knowledge and skills on the
part of the employees to perform the role.
Notes
1
Act compliance—section 21 (see regulation 1.1.7).
2
Sections 35 and 36 of the Act set out the duty of the
employer to consult, including involving the health and
safety representative (if any). (See also
regulation 2.1.5). See also the consultation
requirements in Division 5 of this Part.
Division 4—Safety Case
5.2.14 Operator to provide Safety Case
The operator of a major hazard facility must, in
order to obtain a major hazard facility licence
under Part 6.1 (Licences)—
(a) prepare a Safety Case in accordance with this
Part; and
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(b) provide the Safety Case to the Authority.
Note
An operator has an obligation, when applying for a major
hazard facility licence under Part 6.1 (Licences) to provide
the Safety Case to the Authority.
5.2.15 Content of Safety Case
(1) A Safety Case prepared under this Part must—
(a) contain a summary of the content of the
Safety Management System; and
(b) contain a summary of the documentation
prepared under regulations 5.2.6 and 5.2.7
including a complete list of major incidents
that could occur at the major hazard facility;
and
(c) include the information specified in
Schedule 12.
(2) The content of a Safety Case must—
(a) demonstrate that the Safety Management
System provides a comprehensive and
integrated management system of risk
control measures in relation to major
incident hazards and major incidents; and
(b) demonstrate the adequacy of the risk control
measures adopted or reviewed under
regulations 5.2.8 and 5.2.12.
(3) The operator of a major hazard facility must
include in the Safety Case a signed statement by
which the operator certifies that—
(a) the information provided under
subregulations (1)(a) and (1)(b) is accurate;
and
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(b) as a consequence of conducting a Safety
Assessment, the operator has a detailed
understanding of all aspects of risks to health
and safety associated with major incidents;
and
(c) the risk control measures adopted in
accordance with regulation 5.2.8 are such
as—
(i) to eliminate so far as is reasonably
practicable or, if it is not reasonably
practicable to eliminate, to reduce so
far as is reasonably practicable the risk
of a major incident occurring; and
(ii) in the event of a major incident
occurring, to reduce so far as is
reasonably practicable its magnitude
and the severity of its consequences to
persons both on-site and off-site; and
(d) the persons who participate in the
implementation of the Safety Management
System have the necessary knowledge and
skills to enable them to undertake their tasks
and discharge their responsibilities in
relation to the Safety Management System.
(4) A written statement prepared under
subregulation (3) must—
(a) if the operator is a corporation and its chief
executive resides in Victoria, be signed by
the chief executive; or
(b) if the operator is a corporation and its chief
executive does not reside in Victoria, be
signed by the chief executive and by the
most senior officer of the corporation
resident in Victoria.
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5.2.16 Co-ordination of Safety Cases
(1) The Authority may require the operators of 2 or
more major hazard facilities to co-ordinate the
preparation of their respective Safety Cases if it
believes that the co-ordinated preparation of
Safety Cases is necessary in the interests of the
safe operation or the effective safety management
of either or both major hazard facilities.
(2) If the Authority requires operators of major hazard
facilities to co-ordinate the preparation of their
Safety Cases under subregulation (1), each
operator must provide to the other operators
information concerning any circumstances at the
operator's major hazard facility that could
constitute a major incident hazard in relation to
the other major hazard facilities.
(3) An operator of a major hazard facility who has
co-ordinated the preparation of a Safety Case in
accordance with this regulation, must include
reference to the information provided under
subregulation (2) in the Safety Case prepared by
the operator.
5.2.17 Review of Safety Case
(1) An operator of a major hazard facility must
review and revise the Safety Case for the major
hazard facility if—
(a) the risk control measures are revised under
regulation 5.2.12; or
(b) the operator intends to apply for the renewal
of the operator's major hazard facility licence
under Part 6.1 (Licences); or
(c) a Property Protection Assessment is revised
under regulation 5.2.37.
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(2) A revised Safety Case must—
(a) include all of the matters required under
regulation 5.2.15; and
(b) specify the changes made to the Safety Case
in relation to matters specified in
regulation 5.2.15(1).
(3) If a Safety Case is revised by the operator of a
major hazard facility, the operator must provide a
copy of the revised Safety Case to the Authority
as soon as is reasonably possible after the revision
is made.
Division 5—Consulting, informing, instructing and training
5.2.18 Consultation with employees and health and safety
representatives
For the purposes of section 35(1) of the Act, the
operator of a major hazard facility must consult in
relation to—
(a) identifying major incidents and major
incident hazards under regulation 5.2.6;
(b) conducting or reviewing a Safety
Assessment under regulations 5.2.7 and
5.2.12;
(c) adopting or reviewing risk control measures
under regulations 5.2.8 and 5.2.12;
(d) establishing and implementing a Safety
Management System;
(e) preparing or revising a Safety Case;
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(f) developing or reviewing a safety role for
employees under this Part.
Note
See section 35 of the Act. Sections 35 and 36 of the Act set
out the duty of the employer to consult, including involving
the health and safety representative (if any). (See also
regulation 2.1.5).
5.2.19 Information, instruction and training
(1) The operator of a major hazard facility must
provide information, instruction and training to
employees of the operator in relation to—
(a) the kind of major incidents that could occur
at the major hazard facility;
(b) all major incident hazards;
(c) the implementation of risk control measures
adopted under regulation 5.2.8;
(d) the content and operation of the Safety
Management System;
(e) the emergency plan prepared under
regulation 5.2.9;
(f) the safety role developed for employees
under regulation 5.2.13.
Note
Act compliance—section 21 (see regulation 1.1.7).
(2) The operator must ensure that the information,
instruction and training provided under
subregulation (1) is monitored, reviewed and, if
necessary, revised in order to remain relevant and
effective.
Note
Act compliance—section 21 (see regulation 1.1.7).
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5.2.20 Record of training
The operator of a major hazard facility must make
a record of all training provided to an employee
under regulation 5.2.19 and retain that record
while the employee is employed at the facility.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
5.2.21 Further information and access to documents
For the purpose of complying with
regulation 5.2.19 the operator of a major hazard
facility must—
(a) inform the operator's employees about the
content of the Safety Case for the major
hazard facility, including any revision of the
Safety Case; and
(b) ensure that the Safety Management System,
the Safety Case and the emergency plan, or
copies of these documents, are readily
accessible to employees of the operator.
Note
Act compliance—section 21 (see regulation 1.1.7).
5.2.22 Response to employee alert at major hazard facility
If an employee of an operator gives information
under regulation 5.2.26(1)(c) to the operator, the
operator must inform the employee of what, if
any, investigative or other action has been taken in
response to the information.
Note
Act compliance—section 21 (see regulation 1.1.7).
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5.2.23 Information and instruction to non-employees at the
facility
The operator of a major hazard facility must
ensure that any person other than an employee of
the operator who enters the major hazard facility
is, as soon as is reasonably possible after
entering—
(a) informed generally about the major incident
hazards at the major hazard facility; and
(b) instructed about the safety precautions the
person should take while at the major hazard
facility; and
(c) instructed about the action the person should
take in the event of an emergency plan being
activated while the person is at the major
hazard facility.
Note
Act compliance—sections 23 and 26 (see regulation 1.1.7).
5.2.24 Information to local community
(1) The operator of a major hazard facility must
provide the local community and municipal
councils within the area occupied by the local
community, with information, in accordance with
this regulation, concerning the safety of the major
hazard facility.
Note
Act compliance—sections 23 and 26 (see regulation 1.1.7).
(2) Information provided under this regulation—
(a) must include—
(i) a summary of the Safety Case for the
major hazard facility; and
(ii) a copy of the licence for the major
hazard facility, including the terms and
conditions of the licence;
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(b) unless already included in the Safety Case
summary, must include—
(i) the name and location of the major
hazard facility;
(ii) the name, position and telephone
number of a contact person from whom
further information can be obtained;
(iii) a general description of the operations
at the major hazard facility, including a
description of the Schedule 9 materials
present or likely to be present at the
major hazard facility;
(iv) a general description of major incident
hazards identified at the major hazard
facility and of the major incidents that
have the potential to occur because of
those hazards;
(v) a general description of the magnitude
of major incidents that could occur at
the major hazard facility and of the
severity of the consequences to health
and safety if such incidents were to
occur;
(vi) the means by which the local
community will be notified of a major
incident in the event of one occurring;
(vii) the action that members of the local
community should take (in accordance
with the emergency plan for the major
hazard facility) in the event of a major
incident occurring.
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(3) Information provided under this regulation must—
(a) be presented and expressed in a way that can
be readily understood by a person who is not
familiar with the major hazard facility and its
operations;
(b) be reviewed and, if necessary, revised in the
event of any modification being made to the
major hazard facility;
(c) be sent in writing to any community or
public library serving the local community.
(4) The operator of a major hazard facility preparing
or revising a Safety Case under Division 4, must
consult with the municipal councils within the
area occupied by the local community in relation
to all matters that could affect the health and
safety of members of the local community in the
event of a major incident occurring.
Note
Act compliance—sections 23 and 26 (see regulation 1.1.7).
5.2.25 Further information on request
The operator of a major hazard facility who
receives a written request from a person who, on
reasonable grounds, believes that the occurrence
of a major incident at the major hazard facility
might adversely affect his or her health must
provide the person with a copy of the information
provided to the local community under
regulation 5.2.24.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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Division 6—Duties of employees
5.2.26 General requirements
(1) An employee at a major hazard facility must—
(a) follow the operator's procedures relating to
the prevention and control of major incidents
within the major hazard facility;
(b) follow the operator's emergency procedures
in the event of a major incident occurring or
in the event of the emergency procedures
being activated;
(c) immediately inform the operator of any
circumstance that he or she considers may be
capable of leading to a major incident;
(d) without placing the employee or any other
person at risk, take corrective action under
those prevention and control and emergency
procedures even if the corrective action
could interrupt the operation of the major
hazard facility;
(e) notify his or her supervisor of any corrective
action taken.
(2) Compliance by an employee with subregulation
(1) in respect of a matter is the way that the
employee complies with the employee's duty
under section 25(1) of the Act in respect of that
matter.
Division 7—Determination of major hazard facility
5.2.27 Operators of certain facilities to notify Authority
(1) The operator of a facility at which Schedule 9
materials are present or likely to be present in a
quantity exceeding 10% of their threshold
quantity but less than their threshold quantity must
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notify the Authority of this circumstance in
accordance with this regulation.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) The notification must be given within 30 days
after the operator becomes aware, or ought
reasonably to have become aware, of the
circumstance giving rise to the requirement to
notify.
Note
Regulation 5.2.29(1) provides that the Authority may
determine that a facility is a major hazard facility after
receiving notification under this regulation.
5.2.28 Content of notification
If notification is given under regulation 5.2.27, the
notification must contain—
(a) the information specified in regulation 6.2.23
with all necessary adaptations to the
circumstance described in regulation 5.2.27
that give rise to the requirement to notify;
and
(b) the date on which the facility or proposed
facility is expected to operate as a major
hazard facility.
5.2.29 Authority may determine facility to be a major
hazard facility
(1) If the Authority receives notification under
regulation 5.2.27, the Authority may determine
that the facility is a major hazard facility if the
Authority forms the opinion that there is a
potential for a major incident to occur at the
facility, having regard to all or any of the
following—
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(a) the quantity or combination of Schedule 9
materials present or likely to be present at
the facility;
(b) the type of activity within the facility that
involves those materials;
(c) the land use and activities of occupancy in
the area surrounding the facility.
(2) The Authority, on its own initiative, may
determine that a facility is a major hazard facility
if—
(a) the Authority becomes aware that Schedule 9
materials are present or likely to be present
at the facility in a quantity exceeding 10% of
their threshold quantity but less than their
threshold quantity; and
(b) the Authority forms the opinion that there is
a potential for a major incident to occur at
the facility, having regard to all or any of the
following—
(i) the quantity or combination of
Schedule 9 materials present or likely
to be present at the facility;
(ii) the type of activity within the facility
that involves those materials;
(iii) the land use and activities of occupancy
in the area surrounding the facility.
5.2.30 Inquiry before making determination
(1) The Authority must not make a determination
under regulation 5.2.29 unless the Authority has
conducted an inquiry under this regulation.
(2) The Authority must give the operator of a facility
that may be the subject of a determination under
regulation 5.2.29 written notice of the Authority's
intention to conduct an inquiry.
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(3) A notice under subregulation (2) must—
(a) state the subject of the inquiry and the
reasons for conducting it; and
(b) invite the operator to make submissions in
relation to the inquiry within 14 days of the
date of the notice.
(4) The Authority must consider any submissions
made by the operator.
5.2.31 Written notice of determination
(1) If the Authority makes a determination under
regulation 5.2.29, the Authority must send to the
operator of the relevant facility a written notice
that—
(a) sets out the determination; and
(b) states the reasons for the determination; and
(c) specifies the date on which the determination
takes effect.
(2) The date specified under subregulation (1)(c) must
be not less than 30 days after the operator is sent
the notice.
5.2.32 Effect of determination
If the Authority makes a determination under this
Division in respect of a facility, the facility, is
from the date on which the determination takes
effect, to be taken to be registered as a major
hazard facility under Part 6.2 (Registration).
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Division 8—Duties of operator of registered major hazard
facility
5.2.33 Outline of Safety Case
(1) The operator of a registered major hazard facility
must, within 90 days of the commencement of the
registration of the facility, provide the Authority
with an outline for the Safety Case the operator
proposes to include with its major hazard facility
licence application under Part 6.1 (Licences).
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(2) The outline under subregulation (1) must
include—
(a) a detailed written program and time frame
for the preparation of the Safety Case, with
specific reference being made to each of the
matters required by regulation 5.2.15 to be
included in a Safety Case; and
(b) details of the scope of consultation that will
be undertaken when preparing the Safety
Case; and
(c) a draft of the emergency plan the operator
proposes to include in the Safety Case.
(3) If the Authority is of the opinion that the outline
prepared under this regulation would not produce
a Safety Case that meets the requirements of
Division 4, the Authority may require an
alteration to be made to the Safety Case outline.
(4) The Authority must not require the operator to
make any alterations to the outline prepared under
this regulation unless the Authority has—
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(a) informed the operator of the proposed
alterations; and
(b) invited the operator to make written
submissions within 14 days of the date of the
notice; and
(c) considered any submissions that are made.
(5) The operator must make any alterations to the
outline required by the Authority under
subregulation (3).
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(6) The operator must provide the Authority with a
Safety Case outline altered under this regulation,
or altered by the operator on the operator's own
initiative, as soon as is reasonably possible after
the alterations are made.
(7) The operator of a registered major hazard facility
must comply with the outline provided to the
Authority under subregulation (1).
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(8) If the outline has been altered under this
regulation, the operator must comply with the
outline as so altered.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
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Division 9—Requirement to be licensed or registered
5.2.34 Only licensed or registered major hazard facility to
be operated
A person must not operate a major hazard facility
unless—
(a) a major hazard facility licence has been
granted for the facility under Part 6.1
(Licences); or
(b) the facility is registered under Part 6.2
(Registration).
Note
See section 40(1) of the Act.
Division 10—Controls under Dangerous Goods Act 1985—
Protection of property
5.2.35 Risk control measures
(1) The operator of a major hazard facility must, in
relation to Schedule 9 materials that are dangerous
goods, adopt risk control measures to eliminate so
far as is practicable or, if it is not practicable to
eliminate, to reduce so far as is practicable, the
extent of damage to property that would be caused
in the event of a major incident.
(2) A person who contravenes subregulation (1) is
liable to a penalty not exceeding—
(a) 100 penalty units for a natural person; or
(b) 400 penalty units for a body corporate.
5.2.36 Property Protection Assessment
(1) For the purpose of complying with
regulation 5.2.35, the operator of a major hazard
facility must conduct a comprehensive and
systematic Property Protection Assessment in
accordance with this regulation for matters
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relating to protection of property that have not
previously been considered in Divisions 3 and 4.
(2) A Property Protection Assessment must include
all relevant procedures set out in regulation 5.2.7
for a Safety Assessment.
(3) The operator may—
(a) conduct and document the Property
Protection Assessment required by this
regulation in conjunction with the Safety
Assessment required by regulation 5.2.7; and
(b) incorporate the contents of the Property
Protection Assessment into the Safety
Assessment conducted under
regulation 5.2.7.
(4) A person who contravenes subregulation (1) is
liable for that contravention to a penalty not
exceeding—
(a) 100 penalty units for a natural person; or
(b) 400 penalty units for a body corporate.
5.2.37 Review of Property Protection Assessment
(1) The operator of a major hazard facility must
review, and if necessary, revise the existing
Property Protection Assessment for that facility—
(a) if there has been a change to the
circumstances—
(i) of a Safety Case under Division 4; or
(ii) that formed part of the initial Property
Protection Assessment; or
(b) after receiving a request from a health and
safety representative to review the
Assessment.
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(2) A health and safety representative may make a
request under subregulation (1)(b) if the health
and safety representative believes on reasonable
grounds that—
(a) a change to circumstances referred to in
subregulation (1)(a) has occurred; or
(b) the operator has failed to take account of any
change to the circumstances referred to in
subregulation (1)(a) in conducting a review
of, or revising, the Property Protection
Assessment.
(3) A person who contravenes subregulation (1) is
liable for that contravention to a penalty not
exceeding—
(a) 100 penalty units for a natural person; or
(b) 400 penalty units for a body corporate.
__________________
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PART 5.3—MINES
Division 1—Introductory matters
5.3.1 What is a mine?
For the purposes of this Part, a mine is—
(a) a workplace at which work is being done
under a mining licence within the meaning of
the Mineral Resources (Sustainable
Development) Act 1990; or
(b) a workplace at which exploration, within the
meaning of the Mineral Resources
(Sustainable Development) Act 1990, in
the form of—
(i) underground work of any kind; or
(ii) drilling from the surface for coal-bed
methane—
is being done under an exploration licence
within the meaning of the Mineral
Resources (Sustainable Development) Act
1990; or
(c) in relation to a tourist mine within the
meaning of the Mineral Resources
(Sustainable Development) Act 1990, those
parts of the mine that are underground and
all infrastructure and plant associated with
the underground workings; or
(d) the leased area within the meaning of the
Mines (Aluminium Agreement) Act 1961.
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5.3.2 What is a mining hazard?
(1) For the purposes of this Part, a mining hazard is
any activity, procedure, plant, process, substance,
situation or other circumstance that could pose a
risk to health or safety in relation to—
(a) ground control;
(b) slope stability;
(c) rock falls;
(d) rock bursts;
(e) susceptibility to seismic activity;
(f) inrush of water or semi-solids;
(g) shaft sinking or winding;
(h) mining plant, including mobile plant and
remote control equipment;
(i) heavy transport equipment;
(j) mine fires or explosions;
(k) gas outbursts;
(l) loss of ventilation;
(m) airborne dust;
(n) radiation from rock strata or other sources;
(o) proximity to dangerous openings;
(p) tailings dams;
(q) exposure to sodium cyanide and its reaction
products;
(r) any other matter determined by the Authority
under subregulation (2)—
but does not include a major incident hazard.
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(2) The Authority may determine an activity,
procedure, plant, process, substance, situation or
other circumstance to be a mining hazard for the
purposes of this Part.
5.3.3 What is a prescribed mine?
For the purposes of this Part a prescribed mine
is—
(a) an underground mine; or
(b) a mine that is determined to be a prescribed
mine by the Authority under
regulation 5.3.4; or
(c) a mine that is one of a class of mines that are
determined to be prescribed mines by the
Authority under regulation 5.3.4.
5.3.4 Determination that mine is a prescribed mine
The Authority may determine that a mine is a
prescribed mine, or that a class of mines are
prescribed mines, for the purposes of this Part.
5.3.5 Inquiry before making determination
(1) The Authority must not make a determination
under regulation 5.3.4 unless the Authority has
conducted an inquiry under this regulation.
(2) The Authority must give the operator of the mine
that may be the subject of a determination under
regulation 5.3.4 written notice of the Authority's
intention to conduct an inquiry.
(3) A notice under subregulation (2) must—
(a) state the subject of the inquiry and the
reasons for conducting it; and
(b) invite the operator to make submissions in
relation to the inquiry within 14 days of the
date of the notice.
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(4) The Authority must consider any submissions
made by the operator.
5.3.6 Drugs and alcohol
In this Part, a person is adversely affected by
alcohol or drugs if the person's judgment or
capacity is impaired to the extent that the person
may expose the person's or another person's health
or safety to a risk.
Division 2—Safety duties of mine operators
Subdivision 1—Risk control in all mines
5.3.7 Identification of mining hazards and assessment of
risk
(1) The operator of a mine must so far as is
reasonably practicable—
(a) identify all mining hazards at the mine; and
(b) assess the risks to health or safety associated
with all mining hazards at the mine.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(2) In assessing the risks to health or safety associated
with a mining hazard, the operator must have
regard to—
(a) the nature of the mining hazard; and
(b) the likelihood of the mining hazard causing,
or contributing to, any harm to any person;
and
(c) the severity of the harm that may be caused.
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5.3.8 Control of risk
(1) The operator of a mine must adopt risk control
measures that—
(a) eliminate so far as is reasonably practicable
risks to health or safety associated with any
mining hazards at the mine; or
(b) if it is not reasonably practicable to eliminate
those risks, reduce those risks so far as is
reasonably practicable.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(2) For the purpose of complying with subregulation
(1), the operator must, so far as is reasonably
practicable, use one or any combination of the
following risk control measures—
(a) the substitution of a new activity, procedure,
plant, process or substance for that which is
related to the relevant mining hazard;
(b) the isolation of persons from the mining
hazard;
(c) engineering controls.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(3) If an operator has complied with subregulation (1)
so far as is reasonably practicable and a risk to
health or safety remains, the operator must, so far
as is reasonably practicable, use administrative
controls.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
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(4) If an operator has complied with subregulations
(2) and (3) so far as is reasonably practicable and
a risk to health or safety remains, the operator
must provide appropriate personal protective
equipment to persons at risk.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
5.3.9 Review by operator
(1) In order to ensure that an operator of a mine is
complying with regulation 5.3.8(1) by adopting
appropriate risk control measures, the operator
must review and, if necessary, revise—
(a) the identification of mining hazards; and
(b) the assessment of risks to health or safety
associated with mining hazards; and
(c) the risk control measures adopted.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(2) A review under subregulation (1) must be
conducted—
(a) before any mine modification is made; or
(b) after any incident involving a mining hazard
occurs at the mine; or
(c) if the operator has removed a person from
the person's work or assigned the person to
alternative work in the circumstances
described in regulation 5.3.16(2); or
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(d) after receiving a request from a health and
safety representative—
and in any event at least once every 3 years.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(3) A health and safety representative may make a
request under subregulation (2)(d) if the health
and safety representative believes on reasonable
grounds that—
(a) any of the circumstances referred to in
subregulations (2)(a) to (2)(c) exists; or
(b) the operator has failed—
(i) to properly review the risk control
measures; or
(ii) to take account of any of the
circumstances referred to in
subregulations (2)(a) to (2)(c) in
conducting a review of the risk control
measures.
Subdivision 2—Specific safety duties in all mines
5.3.10 Application of this Subdivision
Nothing in this Subdivision limits the generality
of the requirements imposed by Subdivision 1.
5.3.11 Who may enter mine
The operator of a mine must ensure that—
(a) no person, other than an inspector, or a
person authorised under section 87 of the
Act, enters the mine without permission;
Note
Section 87 of the Act allows for entry at a workplace
by an authorised representative of a registered
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employee organisation if that representative
reasonably suspects there has been a contravention of
the Act.
(b) no person under the age of 16 years is
employed at the mine;
(c) no employee under the age of 18 years works
underground.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
5.3.12 Alcohol and drugs
(1) The operator of a mine must develop and
implement strategies to protect persons at the
mine from any risk to their health or safety arising
from the consumption of alcohol or the use of
drugs by any person.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(2) Strategies under this regulation must include the
introduction of risk control measures on the
presence and use of alcohol and drugs at the mine
during working hours.
(3) Without limiting the generality of subregulations
(1) and (2), the operator of a mine must ensure
that—
(a) a person who, in the opinion of the operator,
is adversely affected by alcohol or drugs
does not enter or remain at the mine; and
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(b) a person only uses drugs at the mine if a
registered medical practitioner has
prescribed the drugs and authorised their use
at the mine.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
5.3.13 Employee fatigue
(1) The operator of a mine must develop and
implement strategies for the control of any risks to
health or safety associated with employee fatigue.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(2) Strategies under this regulation must include work
arrangements that eliminate employee fatigue so
far as is reasonably practicable.
5.3.14 Health surveillance
(1) The operator of a mine must arrange for the
ongoing health surveillance of an employee—
(a) who, in view of the nature of the employee's
work at the mine, is exposed to a mining
hazard that may reasonably be expected to
have a detrimental effect on the employee's
health; or
(b) if the operator, in consultation with a
registered medical practitioner, reasonably
believes that, in view of the nature of the
employee's work at the mine, the health of
the employee exposes the employee or any
other person at the mine to a risk to the
employee's or other person's health or safety.
Note
Act compliance—section 22(1) (see regulation 1.1.7).
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(2) The monitoring of an employee's health may
include a medical examination which must be
conducted—
(a) only in relation to the employee's work at the
mine;
(b) by, or under the supervision of, a registered
medical practitioner;
(c) at a frequency determined by the operator in
consultation with a registered medical
practitioner.
Note
Sections 35 and 36 of the Act set out the duty of the
employer to consult, including involving the health and
safety representative (if any). (See also regulation 2.1.5).
(3) The duties of an operator to employees under this
regulation extend to an independent contractor.
Note
Act compliance—section 23 (see regulation 1.1.7).
5.3.15 Report of health surveillance
(1) The operator of a mine must, in relation to health
surveillance that is conducted in relation to a
person under regulation 5.3.14, ensure that the
person who conducted the monitoring prepares a
report of the results of the monitoring, that
includes—
(a) an explanation of the results of the
monitoring; and
(b) any indications of detrimental health effects
identified by the registered medical
practitioner who conducted or supervised the
monitoring; and
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(c) any recommendations by the registered
medical practitioner as to measures that the
operator should take in relation to the
person's work.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) The operator of a mine must—
(a) obtain a copy of the health surveillance
report under subregulation (1); and
(b) ensure that a copy of the report is provided to
the employee to whom the report relates on
the same day that it is obtained by the
operator.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
5.3.16 Notice to Authority
(1) The operator of a mine must notify the Authority
in writing of the name of each registered medical
practitioner involved in the conduct of health
surveillance under regulation 5.3.14.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) If a report under regulation 5.3.15 provided to the
operator of a mine indicates detrimental health
effects in relation to a person and, as a result of
the report, the operator removes the person from
the person's work or assigns the person to
alternative work, the operator must notify the
Authority in writing as soon as is reasonably
possible.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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5.3.17 Report provided on person ceasing work at mine
The operator of a mine must ensure that the
original report prepared under regulation 5.3.15 in
relation to a person is returned to the person if the
person ceases to work at the mine.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
5.3.18 Communication in the event of an employee
working alone
The operator of the mine must ensure, so far as is
reasonably practicable, that there are available
means for constant communication with an
employee who is working alone at an isolated
location at a mine.
Note
Act compliance—section 21 (see regulation 1.1.7).
5.3.19 Communication in respect of shift change-over
The operator of a mine must ensure that there is a
system by which—
(a) the supervisor of each outgoing shift
provides a written report to the supervisor of
the incoming shift, in relation to the state of
the mine workings and plant and any other
matters that relate to health or safety; and
(b) the supervisor of the incoming shift
communicates the content of the report
provided under paragraph (a) to the
employees on the incoming shift.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
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Subdivision 3—Additional duties in prescribed mines
5.3.20 Application of this Subdivision
Nothing in this Subdivision limits the
requirements imposed by Subdivisions 1 and 2 on
operators of prescribed mines.
5.3.21 Safety Management System
(1) The operator of a prescribed mine must establish
and implement a Safety Management System for
the mine, in accordance with this regulation.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(2) The operator must use the Safety Management
System as the primary means of ensuring the safe
operation of the mine.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(3) A Safety Management System must—
(a) be documented; and
(b) provide a comprehensive and integrated
management system for all risk control
measures adopted under regulation 5.3.8; and
(c) be set out and expressed in a way that is
readily comprehensible to persons who use
it; and
(d) contain a description of the Safety
Assessment conducted under
regulation 5.3.23; and
(e) contain a description of the operator's safety
policy; and
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(f) set out the systems, procedures and other risk
control measures by means of which risks to
health or safety associated with mining
hazards are to be controlled; and
(g) set out the performance standards for
measuring the effectiveness of the Safety
Management System, that—
(i) relate to all aspects of the Safety
Management System; and
(ii) are sufficiently detailed to enable the
operator to ensure that the effectiveness
of all aspects of the Safety Management
System is apparent; and
(iii) include steps that are to be taken to
continually improve the Safety
Management System; and
(h) set out the way in which performance
standards are to be met; and
(i) set out the process, including method and
frequency, for the audit of the effectiveness
of the Safety Management System against
the performance standards; and
(j) be kept available for inspection on request
under the Act.
5.3.22 Review of Safety Management System
The operator of a mine must review and, if
necessary, revise the Safety Management
System—
(a) if a mine modification is to be made; or
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(b) if an incident involving a mining hazard
occurs—
and in any event at least once every 3 years.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
5.3.23 Safety Assessment of major mining hazards
(1) In order to assess the risks associated with major
mining hazards, the operator of a prescribed mine
must conduct a comprehensive and systematic
Safety Assessment in accordance with this
regulation.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(2) A Safety Assessment must involve an
investigation and analysis of the major mining
hazards in order to provide the operator with a
detailed understanding of all aspects of risks to
health or safety associated with major mining
hazards.
(3) In conducting a Safety Assessment under this
regulation, the operator must—
(a) consider the major mining hazards
cumulatively as well as individually; and
(b) use assessment methods (whether
quantitative or qualitative, or both) that are
appropriate to the major mining hazards
being considered.
(4) The operator must document all aspects of the
Safety Assessment, and the documentation
must—
(a) describe the methods used in the
investigation and analysis; and
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(b) state—
(i) the nature of each major mining hazard;
and
(ii) the likelihood of the major mining
hazard causing, or contributing to
causing, any harm to any person; and
(iii) the severity of the harm that may be
caused; and
(c) contain reasons for the decisions reached
about the matters referred to in paragraphs
(b)(ii) and (b)(iii); and
(d) describe all measures considered for the
control of risks associated with major mining
hazards; and
(e) describe the reasons for adopting, or
rejecting all risk control measures
considered; and
(f) be set out and expressed in a way that is
readily comprehensible to all who use it; and
(g) be kept available for inspection on request
under the Act.
5.3.24 Testing risk control measures for major mining
hazards
The operator of a prescribed mine must, in
relation to the control of risk associated with
major mining hazards, test all risk control
measures documented under regulation
5.3.21(3)(f) as often as necessary to ensure
compliance with regulation 5.3.8 in relation to
those hazards.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
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5.3.25 Safety role for employees
(1) The operator of a prescribed mine must develop a
role for the operator's employees, including the
specific procedures employees are required to
follow to assist the operator to—
(a) identify mining hazards at the mine under
regulation 5.3.7;
(b) conduct a Safety Assessment under
regulation 5.3.23;
(c) adopt, review and test risk control measures
under regulations 5.3.8, 5.3.9 and 5.3.24;
(d) establish and implement a Safety
Management System under
regulation 5.3.21.
Notes
1
Act compliance—section 21 (see regulation 1.1.7).
2
Sections 35 and 36 of the Act set out the duty of the
employer to consult, including involving the health and
safety representative (if any). (See also regulation
2.1.5). See also the consultation requirements in
Division 3 of this Part.
(2) The operator of a prescribed mine must review the
role of the employees developed under this
regulation if there is any change of circumstances,
including a mine modification, that would require
additional or different knowledge or skills on the
part of employees to perform the role.
Note
Act compliance—section 21 (see regulation 1.1.7).
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5.3.26 Shafts and winding
The operator of a prescribed mine must—
(a) ensure that every winding system for a shaft
at the mine includes—
(i) ropes that will enable the shaft
conveyance to bear the weight that can
reasonably be expected to be borne by
the shaft conveyance; and
(ii) controls and limiting devices to prevent
any shaft conveyance from being
overwound or overrun or from
travelling at an unsafe speed; and
(iii) devices that detect slack rope or drum
slip conditions, or tail rope
malfunctions; and
(iv) devices that cause the winder to stop
when a condition or malfunction
referred to in subparagraph (iii) is
detected; and
(v) an appropriate means of
communication to and from every
entrance to the winder room that is in
use; and
(b) ensure that the ropes in the winding system
of any shaft are tested regularly to ensure the
safe performance of the ropes; and
(c) if a shaft conveyance carrying persons and a
shaft conveyance carrying material operate
in the same shaft, ensure that the persons
being carried are adequately protected from
the shaft conveyance carrying material and
from any material that might leave its shaft
conveyance and cause injury; and
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(d) if a shaft conveyance that combines a cage
and skip is used, ensure that material is not
carried in the skip while persons are being
carried in the cage; and
(e) ensure that energy lockout devices are fitted
to all mechanical and electrical plant
associated with any shaft at the mine,
including any mechanical and electrical plant
associated with the operation, maintenance
or use of the shaft; and
(f) ensure that material or plant being carried in
shaft conveyances—
(i) does not protrude from the shaft
conveyance while the shaft conveyance
is moving; and
(ii) is so secured within the shaft
conveyance that it cannot leave the
shaft conveyance except by being
removed deliberately; and
(g) ensure that, in relation to the automatic
winding system for any shaft at the mine—
(i) the functions of the winder can be
monitored from outside the winder
house; and
(ii) warning systems are installed to alert
persons at the mine of any emergency
in the shaft; and
(iii) radio or other means of communication
between the surface and any shaft
conveyance carrying persons is
provided and maintained; and
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(h) ensure that facilities for loading material or
plant onto or into a shaft conveyance are
designed and operated so as to prevent
spillage into the shaft.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
5.3.27 Progress of mine workings
The operator of a prescribed mine must—
(a) if any underground mine workings are, or
may be, near or approaching an area that
contains water or flammable, toxic or
noxious gases that may pose a risk to the
health or safety of any person at the mine—
(i) ensure that the person is at all times
aware of the location of the faces being
advanced; and
(ii) cause bore-holes to be drilled from the
workings that will indicate the presence
and location of the water or gas; and
(b) if any underground workings are proposed to
be connected to other workings (including
disused workings), ensure that the other
workings are inspected for water, gas,
misfires, butts and any other circumstance
that may pose a risk to the health or safety of
any person at the mine; and
(c) if two working faces are approaching each
other, ensure that one of the workings is
stopped, made safe and barricaded as soon as
is reasonably practicable before the distance
separating the faces is reduced to 10 metres.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
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5.3.28 Emergency exit
The operator of a prescribed mine into which a
shaft has been sunk or a decline or adit has been
driven must, so far as is reasonably practicable—
(a) provide for a means of exiting the mine
workings in addition to the hoisting shaft or
the exit normally used; and
(b) ensure that the additional exit is—
(i) maintained so that it remains a
functional exit; and
(ii) marked or signposted so that it can be
readily located in the event of an
incident.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
5.3.29 Filling
The operator of a prescribed mine must, so far as
is reasonably practicable, ensure that the material
used for the filling of mined out areas does not
pose a risk to the health or safety of any person.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
5.3.30 Working environment
(1) The operator of a prescribed mine must ensure
that—
(a) the air throughout the mine is maintained at a
safe level; and
(b) the atmosphere is subject to controls that
prevent thermal stress; and
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(c) the moisture content of the atmosphere is
maintained at a level that enables work to be
performed safely; and
(d) lighting within the mine is sufficient to
enable work to be performed safely.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(2) Without limiting subregulation (1)(a), the air is at
a safe level if the air—
(a) contains a safe oxygen level; and
(b) does not contain a harmful level of any
contaminant or impurity, including a
concentration of any hazardous substance
that is above the exposure standard (if any)
for that hazardous substance or any or all of
its ingredients.
5.3.31 Ventilation system
(1) The operator of a prescribed mine must ensure
that—
(a) ventilation circuits at the mine do not allow
airflows to recirculate; and
(b) structures that regulate airflow are
maintained in operating condition; and
(c) air does not pass through so many work
areas that it becomes unfit to breathe; and
(d) dead-end openings are not worked unless
adequate auxiliary ventilation is provided;
and
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(e) underground workings are not ventilated
with contaminated air.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(2) The operator of a prescribed mine must regularly
monitor and test the operation of all aspects of the
ventilation system at the mine to ensure that the
system complies with subregulation (1).
Note
Act compliance—section 22(1) (see regulation 1.1.7).
5.3.32 Record of monitoring and testing
(1) The operator of a prescribed mine must, in
accordance with subregulation (2), make and
retain a record of the monitoring and testing of the
ventilation system under regulation 5.3.31.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) The record of the monitoring and testing of the
ventilation system must be set out and expressed
in a way that is readily comprehensible to all who
use it.
(3) The operator of a prescribed mine must keep the
record made under this regulation available for
inspection on request under the Act.
Penalty: 5 penalty units for a natural person;
25 penalty units for a body corporate.
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5.3.33 Prohibitions
The operator of a prescribed mine must not allow
the following to be used underground—
(a) an internal combustion engine (other than a
compression ignition engine); or
(b) polyurethane foam.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
5.3.34 Emergency plan
(1) The operator of a prescribed mine must prepare an
emergency plan for the mine in accordance with
this regulation.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(2) The operator must use the emergency plan as the
primary means of responding to incidents
involving a significant risk of serious injury or
death.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(3) The emergency plan must—
(a) address all aspects of emergency response,
including—
(i) ensuring that a system exists that
enables all persons within the mine at
any given time to be promptly located;
and
(ii) the provision of adequate rescue
equipment; and
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(iii) ensuring that persons trained in the use
of rescue equipment are available on
site, or are on call, whenever any
person is working at the mine; and
(b) be prepared in conjunction with—
(i) the emergency services that have
responsibility for the area in which the
mine is located; and
(ii) in relation to major mining hazards that
could detrimentally affect the health or
safety of people in the area surrounding
the mine, the municipal council in that
area; and
(c) be documented in a form that it is readily
comprehensible to persons who use it; and
(d) be kept available for inspection on request
under the Act.
(4) After preparing the emergency plan, the operator
of the prescribed mine must—
(a) keep a copy of the emergency plan at the
mine for use by the emergency services
consulted under subregulation (3)(b)(i); and
(b) inform the emergency services of the
location of the copy of the emergency plan;
and
(c) forward a copy of the emergency plan to
those emergency services.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
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(5) The operator of a prescribed mine must at least
once a year—
(a) test the emergency plan in order to ensure its
continued effectiveness; and
(b) take all necessary steps to arrange for the
emergency services consulted under
subregulation (3)(b)(i) to participate in those
tests.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
5.3.35 Self-rescue
(1) The operator of an underground mine must ensure
that every person who goes underground—
(a) is, so far as is reasonably practicable,
provided with a self-contained self-rescuer
or, if this is not reasonably practicable, is
provided with a filter self-rescuer; and
(b) is trained in the operation and use of the selfrescuer provided.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
(2) This regulation does not apply in relation to a
person (including a guide, if any) participating in
an organised tour of a tourist mine within the
meaning of the Mineral Resources (Sustainable
Development) Act 1990.
5.3.36 Plan of mine
(1) The operator of a prescribed mine must ensure
that a detailed plan of the mine is kept at the mine.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
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(2) The plan must clearly show—
(a) the workings, including disused workings of
the mine;
(b) the ventilation system, including all
ventilation fans;
(c) the location of switchboards, transformers
and other fixed plant associated with the
distribution of electricity;
(d) the location of telephones and other fixed
plant associated with the radio and
telecommunications systems;
(e) water dams and tailings dams;
(f) natural features surrounding the mine;
(g) places where hydrocarbons or explosives are
stored;
(h) emergency exits.
(3) The operator of the prescribed mine must revise
the plan regularly so that it always accurately
shows which mine workings are still in use and
which are disused.
Note
Act compliance—sections 21, 23 and 26 (see
regulation 1.1.7).
5.3.37 Plan of mine to be available for inspection
The operator of a prescribed mine must keep the
plan of the mine, prepared and revised under
regulation 5.3.36, available for inspection on
request under the Act.
Penalty: 5 penalty units for a natural person;
25 penalty units for a body corporate.
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Division 3—Consultation and information
5.3.38 Consultation with employees and health and safety
representatives
For the purposes of section 35(1) of the Act, the
operator of a mine must consult in relation to—
(a) developing and implementing strategies
under regulations 5.3.12 and 5.3.13; and
(b) in the case of a prescribed mine—
(i) implementing a Safety Management
System under regulation 5.3.21; and
(ii) conducting a Safety Assessment under
regulation 5.3.23; and
(iii) developing, under regulation 5.3.25, a
safety role for employees; and
(iv) preparing or reviewing and revising an
emergency plan under
regulation 5.3.34.
Note
See section 35 of the Act. Sections 35 and 36 of the Act set
out the duty of the employer to consult, including involving
the health and safety representative (if any). (See also
regulation 2.1.5).
5.3.39 Information about adoption of control measure
If, after consulting pursuant to section 35 of the
Act, the operator adopts a risk control measure in
relation to a major mining hazard, the operator
must inform the health and safety representative
and, if there is no health and safety representative,
the employees of—
(a) the reasons for adopting the measure; and
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(b) the reasons for rejecting any alternative risk
control measures that had been discussed
during the consultation.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
5.3.40 Information, instruction and training
(1) In addition to the matters set out in
regulation 2.1.2, the operator of a mine must
provide information, instruction and training to
employees of the operator at the mine in relation
to—
(a) all mining hazards at the mine;
(b) the implementation of risk control measures
adopted under regulation 5.3.8;
(c) the strategies developed, and implemented
and maintained under regulation 5.3.12
or 5.3.13;
(d) in the case of prescribed mines—
(i) the content and implementation of the
Safety Management System established
under regulation 5.3.21;
(ii) the emergency plan prepared under
regulation 5.3.34;
(iii) the safety role for employees developed
under regulation 5.3.25.
Note
Act compliance—section 21 (see regulation 1.1.7).
(2) The operator of a mine must ensure that the
information, instruction and training provided is
monitored, reviewed and, if necessary, revised in
order to remain relevant and effective.
Note
Act compliance—section 21 (see regulation 1.1.7).
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5.3.41 Record of training
The operator of a mine must make a record of all
training provided to an employee under
regulation 5.3.40 and retain that record while that
employee is employed at the mine.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
5.3.42 Further information and availability of documents
in respect of prescribed mines
The operator of a prescribed mine must ensure
that the following are readily accessible to
employees of the operator—
(a) the documented Safety Management System
established under regulation 5.3.21; and
(b) the emergency plan prepared under
regulation 5.3.34; and
(c) the plan of the mine prepared under
regulation 5.3.36.
Note
Act compliance—section 21 (see regulation 1.1.7).
5.3.43 Response to employee alert at prescribed mine
If an employee of an operator gives information
about a major mining hazard under regulation
5.3.47(c) to the operator of a prescribed mine, the
operator must inform the employee of what, if
any, investigative or other action has been taken in
response to the information.
Note
Act compliance—section 21 (see regulation 1.1.7).
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5.3.44 Information to visitors
The operator of a mine must ensure that any
person other than an employee of the operator
who enters a mine is, as soon as is reasonably
possible after entering—
(a) informed about any mining hazards to which
the person might be exposed while at the
mine; and
(b) instructed in the safety precautions the
person should take while at the mine; and
(c) in the case of a prescribed mine, instructed
about the action the person should take in the
event of the emergency plan being activated
while the person is at the mine.
Note
Act compliance—sections 23 and 26 (see regulation 1.1.7).
5.3.45 Information to job applicants
If a person applies to work at a mine, the
employer, before employing the person to work at
the mine, must provide the person with
information about the purpose, and the type or
nature, of the medical examinations and other
health surveillance that are required under this
Part to be conducted in respect of employees.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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Division 4—Duties of employees
5.3.46 General requirements
(1) An employee of an operator at a mine must—
(a) wear or use appropriate personal protective
equipment or rescue equipment provided by
the operator under this Part in accordance
with instructions given by the operator;
(b) follow all other instructions given by the
operator in complying with any provision of
this Part;
(c) alert immediate co-workers to any mining
hazard of which he or she becomes aware;
(d) if the employee observes any person who
appears to be in such a condition as to be a
danger to himself or herself or to any other
person at the mine, inform the operator of
this;
(e) not enter or remain at the mine if adversely
affected by alcohol or drugs;
(f) not, without the permission of the operator,
take into the mine—
(i) any alcohol; or
(ii) any drugs that may adversely affect the
employee (whether or not a registered
medical practitioner has prescribed the
drugs and authorised their use at work).
(2) An employee at a mine must, in the event of an
incident occurring that involves a mining hazard,
take appropriate corrective action in accordance
with the instruction and training the employee has
received under regulation 5.3.40.
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(3) An employee taking corrective action under
subregulation (2)—
(a) must do so without placing the employee or
any other person at risk;
(b) must do so even if that corrective action
could interrupt the operation of the mine.
(4) Compliance by an employee with subregulations
(1), (2) and (3) in respect of a matter is the way
that the employee complies with the employee's
duty under section 25(1) of the Act in respect of
that matter.
5.3.47 Major mining hazards in prescribed mines
An employee at a prescribed mine must—
(a) participate in the testing, under
regulation 5.3.34, of the emergency plan for
the mine;
(b) follow the emergency plan for the mine
when it is activated;
(c) immediately inform the operator of any
circumstance of any kind that the employee
considers might be a major mining hazard.
Note
Act compliance—section 25 (see regulation 1.1.7).
__________________
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CHAPTER 6—LICENSING AND REGISTRATION
PART 6.1—LICENCES
Division 1—Applications
Subdivision 1—General provisions
6.1.1 Matters to be included in licence applications
An applicant for a licence must include the
following in the application—
(a) any evidence or proof of identity required by
the Authority; and
(b) if required by the Authority, a photograph of
the applicant of the size, and in the form,
specified by the Authority; and
(c) a declaration as to whether or not the
applicant (and in the case of a body
corporate, any officer of the applicant body
corporate) has ever been found guilty of any
offence under any relevant occupational
health and safety legislation; and
(d) if the applicant (and in the case of a body
corporate, any officer of the applicant body
corporate) has had such a finding of guilt
recorded, details of every such finding,
including when and where it occurred,
details of the offence in respect of which it
occurred and a brief description of the
circumstances of the offence; and
(e) a declaration as to whether the applicant (and
in the case of a body corporate, any officer
of the applicant body corporate) has ever
previously had a licence or approval
suspended or cancelled under any relevant
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occupational health and safety legislation,
and if so, details of the suspension or
cancellation; and
(f) a declaration to the effect that the
information contained in the application is,
to the best of the applicant's knowledge, true;
and
(g) if the applicant seeks to have the licence
granted in the name of a business, a copy of
the business registration.
Note
Regulation 7.1.1 enables the Authority to specify the form
of the application, how it is to be made and to specify other
information and documents that must be included in or with
applications. There are also additional requirements that
must be complied with in relation to applications for
particular types of licences—see Subdivision 2 (high risk
work licences), Subdivision 3 (asbestos removal licences),
Subdivision 4 (carcinogens licences) and Subdivision 5
(major hazard facility licences).
6.1.2 Application fees
(1) An application for a licence must be accompanied
by—
(a) in the case of a high risk work licence, a fee
of $60 in respect of each class of work for
which a licence is sought;
(b) in the case of a Class A asbestos removal
licence, a fee of $507;
(c) in the case of a Class B asbestos removal
licence, a fee of $469.
(2) Despite subregulation (1), if a person applies for a
high risk work licence to perform a class or
classes of work that he or she is authorised to
perform under one or more certificates of
competency (as defined in regulation 8.2.1), the
fee for that application is $45.
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6.1.3 How licence applications are to be dealt with
(1) The Authority must refuse to grant an application
for a licence if—
(a) the application has not been made in
accordance with these Regulations; or
(b) it is not satisfied—
(i) in the case of an application for a
licence other than a major hazard
facility licence, that the applicant will
be able to carry out safely and
competently the activities that the
licence would authorise the applicant to
carry out if it was granted; or
(ii) in the case of an application for a major
hazard facility licence, that the
applicant will be able to safely and
competently operate the major hazard
facility that is the subject of the
application; or
(c) it is not satisfied that the applicant is likely to
comply with the terms and conditions that
will apply to the licence; or
(d) it is not satisfied as to the identity of the
applicant; or
(e) it is satisfied that the applicant—
(i) has provided false or misleading
information in the application with
respect to any significant detail
(without advising the Authority in
writing at the time that the information
was provided that it was false or
misleading); or
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(ii) has failed to disclose to the Authority
any significant information that should
have been disclosed to the Authority.
Note
The Authority is also required to refuse an application for a
licence if certain additional requirements in respect of
particular licences are not met—see Subdivision 2 (high risk
work licences), Subdivision 3 (asbestos removal licences),
Subdivision 4 (carcinogens licences) and Subdivision 5
(major hazard facility licences).
(2) If the Authority is not required to refuse to grant
an application for a licence under
subregulation (1) or any other provision of this
Division, it must grant the application.
Note
Subdivision 4 (carcinogens licences) and Subdivision 5
(major hazard facility licences) require the payment of a fee
before the Authority may grant a licence to a person who is
otherwise eligible to be granted the licence.
(3) For the purposes of subregulations (1)(b) and
(1)(c), the Authority may have regard to any
matter that it considers to be relevant, including,
for example—
(a) any findings of guilt of the applicant (and in
the case of a body corporate, any officer of
the applicant body corporate) under any
relevant occupational health and safety
legislation; and
(b) whether the applicant has previously had a
licence or approval suspended or cancelled
under any relevant occupational health and
safety legislation; and
(c) if the applicant has previously held a licence
of the type that is the subject of the
application, the applicant's record of
performance while performing work under
that licence; and
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(d) the applicant's record with respect to any
matters arising under any relevant
occupational health and safety legislation.
6.1.4 Time for processing the application
(1) This regulation applies if the Authority receives
an application for a licence that has been made in
accordance with these Regulations.
(2) The Authority must give the applicant a written
notice stating the Authority's intention to grant, or
to propose to refuse to grant, the licence—
(a) subject to regulation 6.1.22, in the case of an
application for a major hazard facility
licence, within 6 months after receiving the
application; or
(b) in the case of any other application for a
licence, within 60 days after receiving the
application.
Note
Regulation 6.1.5 provides for the suspension of these
periods in certain circumstances.
6.1.5 Authority may request additional information
(1) If the Authority receives an application for a
licence that does not contain sufficient
information to enable the Authority to make a
decision whether or not to grant the application,
the Authority may request the applicant to provide
additional information to enable it to make a
decision.
(2) A request for additional information under
subregulation (1) must—
(a) be made in writing; and
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(b) specify a period within which the
information must be given to the Authority;
and
(c) advise the applicant that the time limit that
applies to the processing of the application
under regulation 6.1.4 will remain
suspended—
(i) until the additional information
requested is provided; or
(ii) if that information is not provided, until
the end of the period specified under
paragraph (b).
(3) In specifying a period under subregulation (2)(b),
the Authority must not specify a period that is
longer than—
(a) in the case of a major hazard facility licence,
6 months;
(b) in the case of any other licence, 60 days.
(4) If the Authority requests additional information
from an applicant, any period—
(a) between when the request is sent to the
applicant and when the additional
information is received by the Authority; or
(b) if the information is not provided, between
when the request is sent to the applicant and
the end of the period specified under
subregulation (2)(b)—
is not to be counted for the purposes of calculating
the periods specified in regulation 6.1.4(2).
(5) Nothing in this regulation restricts the number of
requests for additional information that the
Authority may make, however, if the Authority
makes more than one request it must ensure that
the cumulative total of the periods specified or
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used (whichever is the shorter) under
subregulation (2)(b) in respect of the requests does
not exceed the period listed in regulation 6.1.4(2)
with respect to the relevant type of licence.
Example
A person applies for a high risk work licence.
The Authority seeks additional information and gives the
applicant a notice requesting the information within 60 days.
The applicant provides the information 27 days after the
notice is given. If the Authority seeks a second lot of
additional information, under this subregulation it may
specify a period of up to 33 days for the applicant to provide
the second lot of information. This is because only 27 days
were used of the 60 days specified for the provision of the
first response, and the 27 day period actually used is shorter
than the 60 day period originally specified.
6.1.6 Procedure if the Authority proposes to refuse to
grant a licence
(1) If the Authority proposes to refuse to grant a
licence, the Authority must include in the notice
required by regulation 6.1.4(2)—
(a) the reasons why it proposes to refuse to grant
the licence; and
(b) an invitation to the applicant to make a
submission to the Authority, within a
specified period of not less than 14 days, in
relation to the proposed refusal.
(2) Within 30 days after the end of the period set for
the purposes of subregulation (1)(b), the Authority
must—
(a) consider any submission made by, or on
behalf of, the applicant before the end of the
period; and
(b) decide whether it will grant or refuse to grant
the licence; and
(c) give the applicant written notice of that
decision.
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6.1.7 Form of evidence of licence document
After granting a licence, the Authority must give
the licence holder a document that includes—
(a) the name of the licence holder; and
(b) the date on which the licence was granted
and, if the licence specifies a date on which
the licence takes effect, the date on which the
licence takes effect; and
(c) the date on which the licence expires; and
(d) any terms and conditions to which the
licence is subject; and
(e) an identifying number; and
(f) in the case of a high risk work licence—
(i) a photograph of the licence holder; and
(ii) the date of birth of the licence holder;
and
(iii) either a copy of the signature of the
licence holder or provision for the
signature of the licence holder; and
(iv) the class or classes of work authorised
by the licence; and
(g) in the case of an asbestos removal licence—
(i) the class of activity authorised by the
licence; and
(ii) the specific types of asbestoscontaining material, if relevant, that can
be removed under the licence; and
(h) in the case of a carcinogens licence—
(i) the class or classes of activity
authorised by the licence; and
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(ii) the name of the scheduled carcinogenic
substance that may be used under the
licence; and
(iii) the address of the workplace at which
the substance may be used; and
(iv) the purpose for which the substance
may be used under the licence; and
(i) in the case of a major hazard facility licence,
the name of the major hazard facility, and the
Schedule 9 materials that may be present at
the facility.
6.1.8 When licences start and end
(1) A licence takes effect on the day it is granted or
on any later date specified in the evidence of
licence document by the Authority.
(2) A licence, unless cancelled, ends on the day
specified by the Authority, which may be a period
of up to 5 years after the day on which the licence
was granted, or if the licence has been renewed, a
period of up to 5 years after the day on which the
last renewal took effect.
Subdivision 2—Additional provisions in relation to high risk
work licences
6.1.9 Additional information to be included in licence
applications
In addition to any other information required by
these Regulations, a person applying for a high
risk work licence must also include with the
application⎯
(a) if the person holds a certificate of
competency (as defined in regulation 8.2.1)
and seeks to be licensed to perform the type
of work authorised by the certificate, a
declaration by the person that he or she has
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maintained the competencies required to do
the work that the certificate authorises him or
her to do; or
(b) in any other case, in relation to the work in
respect of which the licence is sought—
(i) a statement of attainment in respect of
the relevant competency standard for
that work; or
(ii) a notice of satisfactory assessment of
competency issued under Division 3 of
Part 3.6 (High Risk Work) for that
work.
6.1.10 Additional matters to be satisfied before a licence
can be granted
(1) In addition to the requirements specified in
Subdivision 1, the Authority must refuse to grant
an application for a high risk work licence if—
(a) it is satisfied that the applicant, in respect of
the class or classes of the high risk work in
respect of which the licence is sought—
(i) holds an interstate licence that was
suspended at the time the application
was made; or
(ii) had an interstate licence cancelled in
the 2 years immediately before the date
the application was made; or
(b) it is not satisfied—
(i) that the applicant resides in Victoria; or
(ii) in the case of an applicant who does not
reside in Victoria, that the applicant has
reasonable grounds for applying for the
licence in Victoria; or
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(c) it is not satisfied that the applicant is at least
18 years of age; or
(d) in the case of a person who has applied to be
licensed to perform a type of work that he or
she is authorised to perform under a
certificate of competency (as defined in
regulation 8.2.1), it is not satisfied that the
person has provided sufficient evidence that
he or she has maintained the competencies
required to do the work that the certificate
authorises him or her to do; or
(e) it is satisfied that the applicant already holds
a licence to do that work that has been
granted or issued by a corresponding
Authority; or
(f) any statement of attainment or notice of
satisfactory assessment of competency on
which the applicant relies was issued more
than 60 days before the date on which the
application was made.
(2) The Authority must refuse to grant an application
for a high risk work licence if it is satisfied that
the statement of attainment or notice of
satisfactory assessment of competency
accompanying the application was obtained or
provided on the basis of fraud or the provision of
false or misleading information by any person or
body.
Note
Any person or body would include the applicant, the RTO
that issued the statement of attainment or the licence
assessor who issued the notice of satisfactory assessment of
competency.
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Subdivision 3—Additional provisions in relation to asbestos
removal licences
6.1.11 Restriction on who may apply for a licence
Only an employer or a self-employed person may
apply for an asbestos removal licence.
6.1.12 Scope of licence
(1) An asbestos removal licence may only be used to
perform the asbestos removal work specified in
the licence.
(2) An asbestos removal licence does not extend to
the transport of asbestos waste.
Note
The transport of industrial-sourced asbestos waste is
licensed by the Environment Protection Authority.
6.1.13 Additional information to be included in licence
application
(1) In addition to any other information required by
these Regulations, a person applying for an
asbestos removal licence must also include with
the application⎯
(a) details of the specific types of asbestoscontaining material, if relevant, that is
intended to be removed under the licence;
and
(b) the name of any person who will supervise
the asbestos removal work to be performed
under the licence; and
(c) detailed information on the training and
experience of each supervisor; and
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(d) detailed information on the type of training
undertaken by the employees who are to be
engaged in the asbestos removal work; and
(e) detailed information on the personal
protective equipment that the applicant
intends to provide to persons engaged in the
asbestos removal work; and
(f) if the applicant intends to use a vacuum
cleaner with a HEPA filter, detailed
information on the vacuum cleaner; and
(g) details of laundering arrangements proposed
in relation to the asbestos removal work,
including the name and address of any
laundry intended to be used for the
laundering of personal protective clothing;
and
(h) whether the applicant (and if the applicant is
a body corporate, any officer of the applicant
body corporate) holds a licence or approval
for asbestos removal work in any other
Australian State or Territory; and
(i) information as to whether the applicant (and
if the applicant is a body corporate, any
officer of the applicant body corporate) has
ever had a previous application for a licence
as an asbestos removalist refused, suspended
or cancelled by any Government or nonGovernment body in any Australian State or
Territory.
(2) In addition to any other information required by
these Regulations, a person applying for a Class A
asbestos removal licence must also include with
the application—
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(a) if the person has not been previously granted
a Class A asbestos removal licence, evidence
of a satisfactory review by an occupational
health and safety auditor within the period of
6 months immediately preceding the receipt
of the application of the person's asbestos
occupational health and safety management
system documents; or
(b) details of the current certification of the
asbestos occupational health and safety
management systems together with evidence
of that current certification.
6.1.14 Additional matters to be satisfied before a licence
can be granted
(1) In addition to the requirements specified in
Subdivision 1, the Authority must refuse to grant
an application for an asbestos removal licence if it
is not satisfied that the information provided with
the application indicates that—
(a) the supervisor or supervisors nominated in
the application is, or are, appropriately
trained and experienced; and
(b) in relation to an application for a Class A
asbestos removal licence—
(i) the applicant has current certification
for an asbestos occupational health and
safety management system; or
(ii) there has been a satisfactory review by
an occupational health and safety
auditor within the period of 6 months
immediately preceding the receipt of
the application of the applicant's
asbestos occupational health and safety
management system documents.
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(2) A Class A asbestos removal licence granted to an
applicant who does not have current certification
for an asbestos occupational health and safety
management system is granted on condition that
the certification must be obtained by the date
specified in the licence, or in any event no later
than 12 months after the licence takes effect.
Subdivision 4—Additional provisions in relation to
carcinogens licences
6.1.15 Restriction on who may apply for a licence
(1) Only an employer or a self-employed person may
apply for a carcinogens licence.
(2) A carcinogens licence can only be granted in
respect of the workplace of that employer or selfemployed person.
6.1.16 Additional information to be included in licence
applications
In addition to any other information required by
these Regulations, a person applying for a
carcinogens licence must also include with the
application the following information in relation
to the scheduled carcinogenic substance in respect
of which the licence is sought⎯
(a) the name of the substance; and
(b) the workplace address at which the substance
is intended to be used; and
(c) the quantity of the substance that is intended
to be used each year; and
(d) the purposes for which the substance is
intended to be used; and
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(e) a statement, supported by reasons, that the
elimination or substitution of the substance
from the workplace is not reasonably
practicable; and
(f) a description of the risk control measures
intended to be put in place to eliminate risks
so far as is reasonably practicable or to
reduce risks so far as is reasonably
practicable and a justification of those risk
control measures; and
(g) the number of employees who might be
exposed to the substance; and
(h) the name and address of the supplier from
whom the person intends to obtain the
substance.
6.1.17 Fee to be paid before a licence can be granted
(1) Despite Subdivision 1, the Authority must not
grant a carcinogens licence to a person unless the
person has, after being told that the Authority
intends to grant the licence, paid a fee of—
(a) in the case of a licence to use a Schedule 2
carcinogenic substance at a laboratory,
$76.50; and
(b) in any other case, $67.50 for each hour the
application took to be processed by the
Authority.
(2) The Authority must not seek a fee of more than
$761 under subregulation (1)(b).
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Subdivision 5—Additional provisions in relation to major
hazard facility licences
6.1.18 Restriction on who may apply for a licence
Only an operator who holds the registration for a
major hazard facility under Part 6.2 (Registration)
may apply for a major hazard facility licence in
respect of the major hazard facility.
6.1.19 Time limit for applications in relation to a registered
major hazard facility
If a licence is sought for a major hazard facility
that is registered under Part 6.2 (Registration), the
operator of the major hazard facility must apply to
the Authority for a licence no later than 6 months
before the registration expiry date for that
registration.
Note
Registration expiry date has the meaning given by
regulation 6.2.26.
6.1.20 Additional information to be included in licence
applications
In addition to any other information required by
these Regulations, a person applying for a major
hazard facility licence must also include with the
application⎯
(a) sufficient details to enable the major hazard
facility to be identified; and
(b) the Safety Case prepared in accordance with
Part 5.2 (Major Hazard Facilities).
6.1.21 Additional matters to be satisfied before a licence
can be granted
In addition to the requirements specified in
Subdivision 1, the Authority must refuse to grant a
major hazard facility licence if it is not satisfied
that—
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(a) the Safety Case accompanying the
application has been prepared in accordance
with Division 4 of Part 5.2 (Major Hazard
Facilities);
(b) the applicant has complied with the
provisions of Divisions 3 and 5 of Part 5.2
(Major Hazard Facilities).
6.1.22 Additional time limits on notifying applicants
(1) The time limits set out in regulations 6.1.4 and
6.1.5 do not apply to an application for a major
hazard facility licence if—
(a) the Authority is of the opinion that it will not
be able to satisfy itself of the matters referred
to in this Subdivision and Subdivision 1
within 6 months; and
(b) the Authority gives the applicant written
notice of that opinion within 6 months after
the date the application was received, and
that notice specifies the date by which the
Authority will decide the application.
(2) For the purposes of subregulation (1)(b), the
Authority may only specify a date that is within
12 months after the date it received the
application.
(3) If subregulation (1) applies, the Authority must
give the applicant a written notice stating the
Authority's intention to grant, or to propose to
refuse to grant, the licence on or before the date
specified under subregulation (1)(b).
(4) Despite Part 6.2 (Registration), if the decision
period is extended under subregulation (1), the
registration of the major hazard facility does not
expire before the end of that extended period.
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6.1.23 Fee to be paid before a licence can be granted
(1) Despite Subdivision 1, the Authority must not
grant a major hazard facility licence unless the
applicant for the licence has, after being told that
the Authority intends to grant the licence, paid a
fee of $80 for each hour the application took to be
processed by the Authority.
(2) The Authority must not seek a fee of more than
$56 560 under subregulation (1).
(3) The activities involved in processing an
application for a major hazard facility licence
include—
(a) checking the completeness of the Safety
Case and the other information and material
accompanying the application; and
(b) determining that further information or
material are required, and obtaining the
information or material from the applicant;
and
(c) verifying the information provided by the
applicant by—
(i) examining the Safety Case and the
other information and material
provided; and
(ii) visiting and examining the site of the
major hazard facility to which the
application relates; and
(d) considering and deciding on the merits of the
application; and
(e) taking all necessary administrative steps.
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Division 2—Other provisions concerning licences
Subdivision 1—General
6.1.24 Authority may impose terms and conditions on
licences
(1) In granting or renewing a licence under this Part,
the Authority may impose on the licence any
terms or conditions that it considers to be
appropriate to further the purposes for which the
licence is granted or renewed.
(2) Without limiting subregulation (1), the Authority
may impose, in relation to any activity that may
be carried out by the licence holder under the
licence, terms or conditions—
(a) specifying risk control measures to be used
or implemented;
(b) requiring—
(i) monitoring (such as atmospheric
monitoring of the workplace);
(ii) the provision of health surveillance for
anyone who may be at risk as a result
of the carrying out of that activity;
(iii) the recording or keeping of information
(including health and safety
information);
(iv) the provision of information,
instruction and training to specified
people or classes of people;
(v) the use or implementation of systems of
work or processes;
(c) requiring the reporting of information to the
Authority, including health and safety
information and the results of any required
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monitoring, health surveillance,
examinations or testing;
(d) limiting the quantity to be used at the
workplace of anything used while carrying
out that activity;
(e) in the case of a licence held by a body
corporate, limiting who may carry out
activities under the licence;
(f) limiting the activities that may be carried out
under the licence, or specifying that only
certain activities may be carried out under
the licence;
(g) requiring that notice be given that the licence
has been granted, and of any conditions of
the licence, to any specified person who may
be affected by the granting of the licence;
(h) imposing time limits on when any action
required to be taken under this regulation is
to be taken.
6.1.25 Licence holder must comply with terms and
conditions
A licence holder must comply with the terms and
conditions of the licence imposed under this
Division or under Division 3.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
6.1.26 Changes to information provided in a licence
application
(1) A licence holder must advise the Authority in
writing of any change that occurs to any
information given at any time by the licence
holder to the Authority in relation to the licence as
soon as is reasonably possible after the licence
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holder becomes aware that the change has
occurred.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) Subregulation (1) applies whether the information
was given in the application for the licence, in an
application for the renewal of the licence, under
this regulation or in any other circumstance.
(3) This regulation does not apply to revisions to the
Safety Case of a major hazard facility.
Note
Part 5.2 (Major Hazard Facilities) contains provisions that
specifically deal with Safety Case revisions.
6.1.27 Licence holder to keep evidence of licence available
(1) A person who holds a high risk work licence must
keep his or her evidence of licence document
available for inspection on request under the Act.
Penalty: 5 penalty units.
(2) A person who holds any other class of licence
must keep the evidence of licence document
available for inspection on request under the Act.
Penalty: 5 penalty units for a natural person;
25 penalty units for a body corporate.
6.1.28 Replacement of lost, stolen or destroyed licence
documents
(1) If an evidence of licence document is lost, stolen
or destroyed, the licence holder may apply to the
Authority for a replacement document.
(2) The application must be accompanied by a fee of
$45.
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(3) The Authority may issue a replacement document
if the Authority is satisfied that the licence
holder's evidence of licence document has been
lost, stolen or destroyed.
(4) If the Authority refuses to issue a replacement
evidence of licence document, it must give the
licence holder a written notice of refusal that sets
out the reasons why it is not satisfied that the
evidence of licence document has been lost, stolen
or destroyed.
6.1.29 Nomination of additional asbestos removal
supervisors
(1) An asbestos removal licence holder may apply to
the Authority to have a person recognised by the
Authority as a supervisor who may supervise the
asbestos removal work that can be performed
under the licence.
(2) The licence holder must include in the
application—
(a) the name of the person; and
(b) detailed information on the person's training
and experience.
(3) The Authority must refuse to grant an application
if it is not satisfied that the person has appropriate
training or experience to supervise the removal
work.
Subdivision 2—Additional provisions in relation to major
hazard facility licences
6.1.30 Transfer
The Authority may transfer a major hazard facility
licence to another person who is to become the
operator of the major hazard facility if the
Authority is satisfied that the person to whom the
licence is to be transferred is capable of achieving
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a level of health and safety for the operation of the
major hazard facility that is at least equivalent to
that achieved by the licence holder.
6.1.31 Notification of licence details in the Government
Gazette
(1) If the Authority grants, renews, amends, transfers,
suspends or cancels a major hazard facility
licence, it must cause notice of that event to be
published in the Government Gazette as soon as is
reasonably possible after the event occurs.
(2) The notice must include details of any terms and
conditions attached to the licence that have not
previously been provided in a notice under this
regulation in respect of the licence.
6.1.32 Additional requirements concerning availability of
copy of licence
In addition to the requirements of Subdivision 1, a
major hazard facility licence holder must ensure
that a copy of the evidence of licence document is
made available on request—
(a) to any employee of the operator working at
the major hazard facility; and
(b) to the emergency services that have
responsibility for the area in which the major
hazard facility is located.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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Division 3—Amendment of licences
6.1.33 Authority may amend a licence unilaterally
(1) The Authority may determine on its own initiative
to amend a licence.
(2) Without limiting subregulation (1), the Authority
may impose any terms or conditions on a licence
that it may impose under Division 2 at any time,
and it may amend or delete any existing terms or
conditions of a licence.
(3) If a proposed amendment merely corrects an
obvious error in a licence, or is of a nature that is
not likely to impose any significant burden on the
licence holder, the Authority may make the
amendment, and must then give the licence holder
written notice that it has done so.
(4) If subregulation (3) does not apply, before
amending a licence under this regulation the
Authority must give the licence holder written
notice (the first notice) of the proposed
amendment—
(a) setting out the proposed amendment and the
reasons for it; and
(b) inviting the licence holder to make a
submission to the Authority in relation to the
proposed amendment within a specified
period of not less than 14 days.
(5) After considering any submission made by, or on
behalf of, the licence holder in the time allowed,
the Authority may amend the licence by giving a
second written notice (the second notice) to the
licence holder.
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(6) A notice under subregulation (5) must—
(a) set out the amendment; and
(b) if a submission was made by, or on behalf of
the licence holder in relation to the
amendment, set out the Authority's reasons
for making the amendment in the light of the
submission; and
(c) specify the date on which the amendment is
to take effect.
(7) In specifying the date that the amendment is to
take effect, the Authority must not specify a date
that is less than 30 days after the licence holder is
given the second notice.
(8) Despite subregulation (7), if in the opinion of the
Authority there exists an immediate risk to health
or safety, the Authority may specify that an
amendment is to take effect on a date that is
within that 30 day period.
(9) The amendment set out in the second notice can
be different from the amendment set out in the
first notice if the difference is the result of taking
into account, or of anything arising from, any
submission made by, or on behalf of, the licence
holder.
6.1.34 Authority may amend a licence at the request of the
licence holder
(1) The Authority may amend a licence on the
application of the licence holder.
(2) If the Authority proposes to refuse to amend a
licence in accordance with the application, it must
give the licence holder a written notice—
(a) that states that intention to refuse the
application; and
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(b) that sets out its reasons for refusing the
application; and
(c) that invites the licence holder to make a
submission to the Authority in relation to the
proposed refusal within a specified period of
not less than 14 days.
(3) The Authority must consider any submission
made by, or on behalf of, the licence holder in the
time allowed before refusing the application.
6.1.35 Evidence of licence document to be returned on
request if licence amended
(1) If the Authority amends a licence, it must give the
licence holder an evidence of licence document
containing the amended details to replace the
former document.
(2) If asked to do so by the Authority, the holder of a
licence that has been amended by the Authority
must return the evidence of licence document to
the Authority within 14 days after receiving the
request in writing.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
Division 4—Renewal of licences
6.1.36 Application for the renewal of a licence (except a
high risk work licence)
(1) This regulation does not apply to a high risk work
licence.
(2) A licence holder may apply to the Authority to
renew the licence, but may only do so—
(a) in the case of a major hazard facility licence,
at least 6 months before the date the licence
is due to expire; or
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(b) in any other case, at least 60 days before the
date the licence is due to expire.
Notes
1
Regulation 7.1.1 enables the Authority to specify the
form of applications and to specify other information
and documents that must be included in or with
applications.
2
If a licence holder fails to apply for a renewal of the
licence within the time permitted by subregulation (2),
it will be necessary for the licence holder to apply for a
new licence.
(3) The Authority must give a person who applies for
the renewal of a licence a written notice stating
the Authority's intention to renew, or to refuse to
renew, the licence.
(4) For the purposes of this regulation—
(a) regulation 6.1.3 applies as if a reference in
that regulation to an application for a licence
were a reference to an application to renew a
licence; and
(b) regulation 6.1.6 applies as if a reference in
that regulation—
(i) to the refusal to grant a licence were a
reference to the refusal to renew a
licence; and
(ii) to a notice required by regulation
6.1.4(2) were a reference to the notice
required by subregulation (3).
(5) If a person applies to renew a licence under
subregulation (2) and before the licence expires
the Authority gives the person written notice that
it intends to refuse to renew the licence, the
licence continues to have effect, even if its expiry
date passes, until the relevant time specified in
regulation 6.1.37.
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6.1.37 Time in which licence continues to have effect
(1) If the Authority gives a licence holder written
notice that it intends to refuse to renew the
person's licence, the licence continues to have
effect—
(a) if the licence holder has applied for a process
review of the decision and the Authority has
confirmed the decision and the person
applies to the Tribunal for a review of the
decision—
(i) until the person withdraws the
application for review; or
(ii) until the Tribunal makes its
determination on the application for
review—
whichever occurs first; or
(b) if the licence holder applied for a process
review of the decision and the Authority
confirmed the decision and the person does
not apply to the Tribunal for a review of the
decision, until 14 days after the person
received written notice of the process review
decision.
Note
Part 6.3 (Review of Decisions) provides for a right of review
by VCAT of certain reviewable decisions and process
review has the meaning given in regulation 6.3.2.
(2) Subject to subregulation (3), if the person applied
for a process review of the decision and the
Authority set aside the decision, the relevant time
is until the new decision is made.
(3) If the new decision is to refuse to renew the
licence and the person applies to the Tribunal for a
review of the new decision in accordance with
these Regulations the relevant time is—
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(a) until the person withdraws the application
for review; or
(b) until the Tribunal makes its determination on
the application for review—
whichever occurs first.
(4) If the new decision is to refuse to renew the
licence and the person does not apply to the
Tribunal for a review of the decision in
accordance with these Regulations, the relevant
time is until 14 days after the person received
written notice of the new decision.
6.1.38 Application for the renewal of a high risk work
licence
(1) The holder of a high risk work licence may apply
to the Authority to renew the licence.
Note
Regulation 7.1.1 enables the Authority to specify the form
of applications and to specify other information and
documents that must be included in or with applications.
(2) The Authority must renew the licence if the
application—
(a) contains a declaration by the licence holder
that he or she has maintained the
competencies required to do the work that
the licence authorises him or her to do; and
(b) includes any photograph of the applicant
required by the Authority, and is in the form,
and contains the information, required by the
Authority; and
(c) includes any other proof of identity required
by the Authority; and
(d) is accompanied by the fee required by
regulation 6.1.40.
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6.1.39 Transfer of authorising jurisdiction on renewal of
high risk work licence
(1) This regulation applies if a person who resides in
Victoria—
(a) holds a licence issued by the Authority to
perform one or more types of high risk work;
and
(b) also holds a licence issued by a
corresponding Authority to perform one or
more other types of high risk work; and
(c) all or part of any of the licences is due to
expire within 60 days.
(2) The person may apply to the Authority for a
renewed licence that authorises him or her to
perform all of the high risk work authorised by
each of the licences referred to in subregulations
(1)(a) and (1)(b).
(3) The Authority must grant the person such a
licence if—
(a) the Authority is satisfied that this regulation
applies; and
(b) the application for the licence complies with
regulation 6.1.38(2).
(4) If the Authority grants a licence under this
regulation, it must provide details of that fact to
the corresponding Authority referred to in
subregulation (1)(b).
6.1.40 Renewal fees for certain licences
(1) An application for the renewal of a high risk work
licence must be accompanied by a fee of $45.
(2) An application for the renewal of a Class A
asbestos removal licence must be accompanied by
a fee of $507.
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(3) An application for the renewal of a Class B
asbestos removal licence must be accompanied by
a fee of $469.
6.1.41 Fee to be paid before carcinogens licence can be
renewed
(1) In addition to the other requirements specified in
this Division, the Authority must not renew a
carcinogens licence unless the licence holder has,
after being told that the Authority intends to
renew the licence, paid a fee of—
(a) in the case of a licence to use a Schedule 2
carcinogenic substance at a laboratory,
$76.50; and
(b) in any other case, $67.50 for each hour the
application took to be processed by the
Authority.
(2) The Authority must not seek a fee of more than
$761 under subregulation (1)(b).
6.1.42 Additional information required for the renewal of
a major hazard facility licence
In addition to any other information required
under these Regulations, a person applying for the
renewal of a major hazard facility licence must
also include with the application a revised Safety
Case prepared in accordance with Division 4 of
Part 5.2 (Major Hazard Facilities).
6.1.43 Fee to be paid before a major hazard facility licence
can be renewed
(1) In addition to the other requirements specified in
this Division, the Authority must not renew a
major hazard facility licence unless the licence
holder has, after being told that the Authority
intends to renew the licence, paid a fee of $80 for
each hour the application took to be processed by
the Authority.
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(2) The Authority must not seek a fee of more than
$56 560 under subregulation (1).
(3) Regulation 6.1.23(3) applies to fees under this
regulation.
Division 5—Suspension and cancellation of licences
6.1.44 Grounds of suspension or cancellation
The Authority may suspend or cancel a licence if
it is satisfied—
(a) that the licence holder is not complying, or
has failed to comply, with any of the terms
and conditions of the licence; or
(b) that the licence holder—
(i) provided false or misleading
information in the application for the
licence or the renewal of the licence
with respect to any significant detail
(without advising the Authority in
writing at the time that the information
was provided that it was false or
misleading); or
(ii) failed to disclose to the Authority any
significant information that should have
been disclosed to the Authority; or
(c) that the licence was granted on the basis of a
statement of attainment or notice of
satisfactory assessment of competency that
was obtained or provided on the basis of
fraud or the provision of false or misleading
information by any person or body; or
Note
Any person or body would include the licence holder,
the RTO who issued the statement of attainment or
the licence assessor who issued the notice of
satisfactory assessment of competency.
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(d) in the case of a licence other than a major
hazard facility licence, that the licence holder
is not, or has not been, safely and
competently carrying out the activities that
the licence authorises the licence holder to
carry out; or
(e) in the case of a major hazard facility
licence—
(i) that the licence holder is not, or has not
been, safely and competently
conducting the major hazard facility; or
(ii) that the Safety Management System for
the major hazard facility no longer
provides a comprehensive and
integrated management system for all
aspects of risk control measures
adopted in relation to major incident
hazards and major incidents; or
(iii) that risk control measures adopted by
the licence holder under
regulation 5.2.8 are seriously deficient;
or
(iv) that the licence holder no longer
understands the content of the Safety
Assessment conducted under
regulation 5.2.7; or
(v) that the licence holder no longer has the
ability to safely and competently
operate the major hazard facility; or
(f) in the case of the holder of a high risk work
licence, that he or she is not competent to
perform the work authorised by the licence
without risk to the licence holder's health or
safety or the health or safety of other people;
or
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(g) in the case of the holder of a Class A
asbestos removal licence, that the licence
holder has failed to maintain certification for
an asbestos occupational health and safety
management system; or
(h) in the case of the holder of a carcinogens
licence—
(i) that the licence holder has ceased to
carry on business at the address to
which the licence relates; or
(ii) that the activities of the licence holder
under the licence pose an immediate
risk to health or safety.
6.1.45 Matters that may be taken into account
For the purposes of regulation 6.1.44, the
Authority may have regard to any matter that it
considers to be relevant, including, for example—
(a) any findings of guilt, since the licence was
granted or last renewed, of the licence holder
(and in the case of a body corporate, any
officer of the licence holder) under any
relevant occupational health and safety
legislation; and
(b) whether, since the licence was granted or last
renewed, the licence holder has had any
other licence or registration suspended or
cancelled by the Authority under these
Regulations; and
(c) the licence holder's record of performance
while performing work under the licence
(including the number and nature of any
complaints made about that work); and
(d) the applicant's record with respect to any
matters arising under occupational health and
safety legislation, whether in Victoria or
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elsewhere, since the licence was granted or
last renewed; and
(e) the results of any inquiry conducted by the
Authority under regulation 6.1.47.
6.1.46 Automatic suspension or cancellation of high risk
work licences
(1) The Authority must suspend a high risk work
licence in relation to a particular class of work if it
is satisfied that a corresponding Authority has
recommended that the licence be suspended in
relation to that class of work after that Authority
has conducted an inquiry equivalent to the inquiry
required by regulation 6.1.47.
(2) The period of suspension must be the same period
recommended by the corresponding Authority, or
if that Authority recommended a termination date
for the suspension, the suspension must end on
that date.
(3) The Authority must cancel a high risk work
licence in relation to a particular class of work if it
is satisfied that a corresponding Authority has
recommended that the licence be cancelled in
relation to that class of work after that Authority
has conducted an inquiry equivalent to the inquiry
required by regulation 6.1.47.
(4) The cancellation must occur as soon as is
reasonably possible after the date the Authority
receives the recommendation, but not less than
14 days after that date.
(5) If the Authority is required to suspend or cancel a
licence, or a part of a licence, under this
regulation, it must give the licence holder written
notice of the suspension or cancellation, and must
include in the notice a copy of the
recommendation on which it based the suspension
or cancellation.
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(6) The 14 day minimum period specified in
subregulation (4) does not apply if, in the opinion
of the Authority, there are exceptional
circumstances that pose an immediate significant
risk to health or safety.
6.1.47 Process for suspending or cancelling a licence in all
other cases
(1) The Authority may, on its own initiative or after
receiving a complaint, conduct an inquiry to
determine whether grounds exist to suspend or
cancel a licence.
(2) The Authority must give the licence holder written
notice of the inquiry.
(3) The notice must⎯
(a) state the subject of the inquiry and the
reasons for conducting it; and
(b) set out an outline of all allegations, facts and
circumstances known to the Authority that
are relevant to the inquiry; and
(c) invite the licence holder to make a
submission to the inquiry; and
(d) specify a period of not less than 14 days
within which the licence holder may accept
the invitation.
(4) After considering any submission made by, or on
behalf of, the licence holder in the time allowed,
the Authority must decide—
(a) whether or not grounds exist to suspend or
cancel the licence; and
(b) if such grounds exist, whether or not to
suspend or cancel the licence.
(5) The Authority must give the licence holder written
notice of its decision.
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(6) If the Authority decides to suspend or cancel the
licence, the Authority must include in the notice⎯
(a) a statement of its reasons for the decision
made under subregulation (4); and
(b) if it decides to suspend the licence, a
statement of when the suspension is to begin
and when it is to end; and
(c) if it decides to cancel the licence, a statement
of when the cancellation is to take effect.
(7) In specifying the date that the suspension or
cancellation is to take effect, unless there exists an
immediate risk to health or safety, the Authority
must specify a date that is at least—
(a) in the case of a major hazard facility licence,
30 days after the licence holder is given the
notice; or
(b) in any other case, 14 days after the licence
holder is given the notice.
(8) The minimum period of time specified in
subregulation (3)(d) does not apply if, in the
opinion of the Authority, there are exceptional
circumstances that pose an immediate significant
risk to health and safety.
(9) If the Authority intends to suspend a high risk
work licence on the ground that the licence holder
is not, or has not been, safely and competently
performing relevant work, then, despite
subregulation (6)(b), the Authority may suspend
the licence until the licence holder provides it with
satisfactory new evidence that he or she is
competent to perform that work.
(10) This regulation does not apply to a suspension or
cancellation that is required by regulation 6.1.46.
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6.1.48 Extension of date of suspension or cancellation if
review sought
(1) Despite anything to the contrary in
regulation 6.1.47, if the Authority decides to
suspend or cancel a licence and the licence holder
applies for a process review of the decision under
Part 6.3 (Review of Decisions), the licence
continues to have effect for the time specified in
this regulation as if it had not been suspended or
cancelled.
(2) If the person applied for a process review of the
decision and the Authority confirmed the decision
and the person applies to the Tribunal for a review
of the decision in accordance with these
Regulations, the relevant time is—
(a) until the person withdraws the application
for review; or
(b) until the Tribunal makes its determination on
the application for review—
whichever occurs first.
(3) If the person applied for a process review of the
decision and the Authority confirmed the decision
and the person does not apply to the Tribunal for a
review of the decision in accordance with these
Regulations, the relevant time is until 14 days
after the person received written notice of the
process review decision.
(4) Subject to subregulations (5) and (6), if the person
applied for a process review of the decision and
the Authority set aside the decision, the relevant
time is until the new decision is made.
(5) If the new decision is to cancel or suspend the
licence and the person applies to the Tribunal for a
review of the new decision in accordance with
these Regulations the relevant time is—
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(a) until the person withdraws the application
for review; or
(b) until the Tribunal makes its determination on
the application for review—
whichever occurs first.
(6) If the new decision is to cancel or suspend the
licence and the person does not apply to the
Tribunal for a review of the decision in
accordance with these Regulations, the relevant
time is until 14 days after the person received
written notice of the new decision.
(7) This regulation does not apply in relation to a
licence if the Authority specified a period of less
than 14 days under regulation 6.1.47 in taking
action under that regulation.
6.1.49 Partial suspension or cancellation of a high risk
work licence
(1) Subject to regulation 6.1.50(2), this regulation
applies if—
(a) a person holds a high risk work licence that
authorises the person to perform more than
one type of work under the licence; and
(b) the Authority is satisfied that a ground of
suspension or cancellation only exists in
relation to one or some, but not to all, of
those types of work.
(2) A reference in regulation 6.1.47 to the suspension
or cancellation of the licence is to be read as a
reference to the suspension or removal from the
licence of those types of work in respect of which
a ground of suspension or cancellation exists.
(3) The Authority must issue the licence holder with a
replacement evidence of licence document that
sets out the types of work that are still authorised
under the licence.
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6.1.50 Flow on suspension or cancellation of some high risk
work licences
(1) This regulation applies if—
(a) a person holds a high risk work licence that
authorises the person to perform more than
one type of work under the licence; and
(b) the Authority is satisfied that a ground of
suspension or cancellation only exists in
relation to one or some, but not to all, of
those types of work; and
(c) the skills required to do the type of work in
relation to which a ground of suspension or
cancellation exists are also necessary to do
another type of work under the licence.
(2) Despite regulation 6.1.46, the Authority must also
suspend or cancel the licence to the extent that it
applies to the other type of work referred to in
subregulation (1)(c).
Example
A person holds a high risk work licence that authorises the
performance of dogging work and work involving the
operation of non-slewing mobile cranes and slewing mobile
cranes of up to 20 tonnes. The licence holder operates a
non-slewing mobile crane unsafely, and the Authority
decides that grounds exist to suspend the licence in relation
to the authorisation to operate those cranes. This regulation
requires that the Authority also suspend the licence holder's
authorisation to operate slewing mobile cranes of up to
20 tonnes, because it is necessary to be able to operate nonslewing cranes in order to be licensed to operate slewing
mobile cranes. However, regulation 6.1.46 ensures that the
licence holder's ability to perform dogging work under the
licence is not suspended.
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6.1.51 Authority may grant alternative asbestos removal
licence
(1) This regulation applies if the Authority is satisfied
that a ground of suspension or cancellation exists
in relation to a Class A asbestos removal licence
held by a person.
(2) On suspending or cancelling the licence, the
Authority may immediately grant a Class B
asbestos removal licence to the person, despite
anything to the contrary in Division 1.
6.1.52 Inquiry into interstate high risk work licences
(1) This regulation applies if a person who holds a
licence, certificate or similar authorisation granted
or issued by a corresponding Authority that is
equivalent to a high risk work licence does, or is
alleged to have done, anything in Victoria while
acting under the authority of the licence that might
constitute a ground for the suspension or
cancellation of the licence had it been granted in
Victoria.
(2) The Authority may conduct an inquiry to
determine whether grounds exist to recommend to
the corresponding Authority that granted or issued
the licence that the licence be suspended or
cancelled.
(3) Regulations 6.1.47 and 6.1.49 apply for the
purposes of this regulation as if a reference in
those regulations to the suspension or cancellation
of a licence were a reference to a recommendation
to the corresponding Authority that granted or
issued the licence that the licence be suspended or
cancelled.
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6.1.53 Request to suspend or cancel a licence
The Authority may suspend or cancel a licence on
the written request of the licence holder.
6.1.54 Evidence of licence document of suspended or
cancelled licence must be surrendered on demand
If the Authority suspends or cancels a licence, the
licence holder must surrender the evidence of
licence document to the Authority on demand,
once the suspension or cancellation takes effect.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
__________________
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PART 6.2—REGISTRATION
Division 1—Application
6.2.1 Application of this Part
This Part applies to—
(a) the registration of a plant design required
under Part 3.5 (Plant); and
(b) the registration or renewal of registration of
plant required under Part 3.5 (Plant); and
(c) the registration of a person to perform
construction work under Part 5.1
(Construction); and
(d) the registration of a major hazard facility
under Part 5.2 (Major Hazard Facilities).
Division 2—Registration of plant designs
6.2.2 Application for registration of plant design
An application for registration of a plant design
must—
(a) include the information required under
regulation 6.2.3; and
(b) include any evidence or proof of identity of
the applicant required by the Authority; and
(c) be accompanied by a fee of $52.
6.2.3 Information to be included in application
(1) Without limiting regulation 7.1.1, the Authority
may require additional information relating to the
design of plant to be included with an application
for registration of the plant design.
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(2) The information required under subregulation (1)
may include—
(a) the date of the commencement and
completion of the design;
(b) whether the design is for an alteration to
existing plant;
(c) whether the registration is the first
registration of the design of the plant;
(d) the intended primary use and performance
capacity of the plant;
(e) if known by the designer, the intended
manufacturer's name and address;
(f) the type and model number (if applicable) of
the plant;
(g) if known by the designer, the intended fixed
location of plant in the workplace;
(h) a description of controls, safety devices,
supporting system and communication
system for the plant (if applicable);
(i) the hazard level of pressure equipment and
the type of fluid to be used in the pressure
equipment (if applicable).
(3) The information required by the Authority under
subregulation (1) may be information applicable
generally to all plant designs, or a type of plant
design, or it may be specific to an individual plant
design.
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(4) The application for registration of a plant design
must include—
(a) a design verification statement that states
that the design was produced in accordance
with the record of published technical
standards or engineering principles (as the
case may be) referred to in regulation 3.5.11;
and
(b) the name, business address and qualifications
of the person who produced the design
verification statement, and if applicable, the
name and business address of the
organisation employing that design verifier;
and
(c) a representational drawing of the plant
design; and
(d) any information about the design that may be
required by the Authority under
subregulation (1).
6.2.4 Duties of various people associated with design
verification
(1) The person who applies for registration of a plant
design must ensure that the design verification
statement referred to in regulation 6.2.3 was made
by a design verifier—
(a) who did not participate in the design that is
the subject of the statement; and
(b) who has an appropriate level of skill and
knowledge to be able to verify the design;
and
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(c) who has checked the design to ensure that it
has been designed according to the technical
standards or engineering principles recorded
by the designer in respect of the design of
that plant in accordance with
regulation 3.5.11.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) A person who has participated in the design of
particular plant, must not knowingly act as a
design verifier for that plant.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
6.2.5 Authority to notify applicant of deferral
(1) The Authority must notify the applicant for
registration of a plant design in writing of the
deferral of registration if—
(a) the Authority considers that the information
provided with the application for registration
is inadequate to comply with this Division or
regulation 7.1.1; or
(b) the applicant has failed to pay the required
fee.
(2) If the Authority notifies a person who applied for
registration of a plant design that the information
provided is inadequate, the Authority must also
specify what further information is required.
(3) The Authority must treat any information and fee
provided in response to any notice given under
this regulation as if it were provided with the
application for registration.
(4) If the Authority fails to notify the person who
applied for registration of that registration or its
deferral within one month after receiving the
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application, the plant design is taken to have been
registered under this Part.
Note
Notice of the registration under subregulation (4) will be
given under regulation 6.2.6.
6.2.6 Notice of registration
(1) As soon as is reasonably possible after a plant
design is registered under this Part, the Authority
must give the person who applied for the
registration written notice of the registration.
(2) The notice must include—
(a) the type of registration; and
(b) details of what has been registered; and
(c) the name of the person who applied for the
registration; and
(d) the date on which the registration took effect,
or is to take effect; and
(e) an identifying number.
6.2.7 Registration to be of unlimited duration
Subject to Division 6, a registration of a plant
design is of unlimited duration.
6.2.8 Proof of registration of plant design must be shown
if requested
(1) A person who has had a plant design registered
under this Part must provide a copy of the
registration to any person intending to register
under this Part an item of plant manufactured to
that design.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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(2) A person who has had a plant design registered by
a corresponding Authority under statutory
requirements substantially equivalent to the
requirements of this Part, must provide a copy of
the registration to any person intending to register
under this Part an item of plant manufactured to
that design.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(3) In subregulation (2), registration includes
confirmation or approval.
Division 3—Registration of plant
6.2.9 Application for registration or renewal of
registration of plant
An application for registration, or renewal of
registration, of an item of plant must—
(a) include the information required under
regulation 6.2.10; and
(b) include any evidence or proof of identity of
the applicant required by the Authority; and
(c) be accompanied by a fee of $21.50.
6.2.10 Information to be included in application
(1) Without limiting regulation 7.1.1, an application
for registration or renewal of registration of an
item of plant must include—
(a) sufficient information to clearly identify the
item of plant; and
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(b) if the plant design was also required to be
registered under this Part—
(i) a copy of the plant design registration
provided by the Authority; or
(ii) a copy of the registration provided by
the corresponding Authority that
registered the design.
(2) Subregulation (1)(b) does not apply to an
application for renewal of registration.
(3) In subregulation (1)(b)(ii), registration includes
confirmation or approval.
6.2.11 Authority to notify applicant of deferral
(1) The Authority must notify the applicant for
registration or renewal of registration of an item
of plant in writing of the deferral of registration or
renewal if—
(a) the Authority considers that the information
provided with the application is inadequate
to comply with this Division or
regulation 7.1.1; or
(b) the applicant has failed to pay the required
fee.
(2) If the Authority notifies a person who applied for
registration or renewal of registration of an item
of plant that the information provided is
inadequate, the Authority must also specify what
further information is required.
(3) The Authority must treat any information and fee
provided in response to any notice given under
this regulation as if it were provided with the
application for registration.
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(4) If the Authority fails to notify the person who
applied for registration or renewal of registration
of that registration or renewal or its deferral
within one month of receiving the application, the
item of plant is taken to have been registered or
had its registration renewed (as the case may be)
under this Part.
Note
Notice of the registration or renewal of registration under
subregulation (4) will be given under regulation 6.2.12.
6.2.12 Notice of registration
(1) As soon as is reasonably possible after an item of
plant is registered or registration is renewed under
this Part, the Authority must give the person who
applied for the registration or renewal written
notice of the registration.
(2) The notice must include—
(a) the type of registration; and
(b) details of what has been registered; and
(c) the name of the person who applied for the
registration; and
(d) the date on which the registration took effect,
or is to take effect; and
(e) the date the registration expires; and
(f) an identifying number.
6.2.13 Registration of plant expires after 5 years
The registration of plant under this Part expires
5 years after the date on which the registration
took or takes effect as specified in the notice given
under regulation 6.2.12.
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6.2.14 Notice if registered plant or its ownership alters
If there has been a change of ownership of
registered plant or the plant is—
(a) altered to an extent that requires the plant to
be subject to new measures to control risk; or
(b) in the case of normally fixed plant, relocated
and requires commissioning and new
measures to control risk as a result of the
relocation—
the person who has management or control of the
plant must advise the Authority of the change in
ownership, alteration or relocation in a form
determined by the Authority, within 21 days of the
change in ownership, alteration or relocation.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
Division 4—Registration to perform construction work
6.2.15 Application for registration to perform construction
work
Without limiting regulation 7.1.1, an application
for registration of a person to perform
construction work must—
(a) include any evidence or proof of identity of
the applicant required by the Authority; and
(b) be accompanied by—
(i) a construction statement of attainment
issued to the applicant; or
(ii) written evidence, satisfactory to the
Authority, of the completion of
construction induction training; or
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(iii) written evidence, satisfactory to the
Authority, of the completion before
1 July 2008 of the Construction
Industry Basic Induction training
course; and
(c) be accompanied by a fee of $27.
6.2.16 Authority may refuse to recognise or accept a
construction statement of attainment obtained by
fraud
The Authority may refuse to recognise or accept a
construction statement of attainment if it is
satisfied that the statement was obtained or
provided on the basis of fraud or the provision of
false or misleading information by any person or
body.
Note
Any person or body would include the applicant for
registration or the construction RTO.
6.2.17 Construction induction card
(1) As soon as is reasonably possible after a person is
registered under this Part to perform construction
work, the Authority must give the person who
applied for the registration a construction
induction card.
(2) A construction induction card must include—
(a) the type of registration; and
(b) the name of the person registered; and
(c) the date on which the registration took effect,
or is to take effect; and
(d) an identifying number.
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6.2.18 Persons taken to be registered
(1) During the period of 60 days after a construction
statement of attainment is issued to a person, the
person to whom it is issued is taken to be
registered to perform construction work for the
purposes of Part 5.1 (Construction).
(2) A person who has recognised evidence of
construction induction training is taken to be
registered to perform construction work for the
purposes of Part 5.1 (Construction).
(3) Subject to regulation 6.2.21, a person who, before
1 July 2008 completes the Construction Industry
Basic Induction Training course and who holds a
card evidencing that completion is taken to be
registered to perform construction work for the
purposes of Part 5.1 (Construction).
6.2.19 Registration to be of unlimited duration
Subject to regulation 6.2.21 and Division 6, a
registration to perform construction work is of
unlimited duration.
6.2.20 Destruction, loss and replacement of construction
induction cards
(1) A person, other than the Authority, must not
intentionally or recklessly destroy, alter or deface
a construction induction card.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) If the Authority is satisfied that a construction
induction card has been lost, stolen or destroyed,
the Authority may issue a duplicate construction
induction card to a person on the evidence of a
copy of a construction statement of attainment or
other written evidence satisfactory to the
Authority.
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Part 6.2—Registration
r. 6.2.21
6.2.21 Lapse of registration and currency of construction
induction cards
If a person who is registered or taken to be
registered under this Part to perform construction
work and holds—
(a) a construction induction card issued by the
Authority; or
(b) a card evidencing completion before 1 July
2008 of the Construction Industry Basic
Induction training course—
has not performed construction work for any
consecutive period of 2 years, the person's
registration to perform construction work and the
person's construction induction card lapse at the
end of that 2 year period.
Division 5—Registration of major hazard facilities
6.2.22 Eligibility to apply for registration to operate a
major hazard facility
(1) A person who has an intention to operate a major
hazard facility may apply to the Authority for
registration of the proposed major hazard facility
under this Part.
(2) An application for registration must—
(a) include the information required under
regulation 6.2.23; and
(b) include any evidence or proof of identity of
the applicant required by the Authority.
(3) For the purposes of this regulation, a person has
an intention to operate a major hazard facility if—
(a) the person is operating a facility and intends
to make alterations to the facility so that
Schedule 9 materials present or likely to be
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present will be in a quantity that exceeds
their threshold quantity; or
(b) the person who intends to operate a facility,
where Schedule 9 materials are present or
likely to be present will be in a quantity that
exceeds their threshold quantity, has
received planning approval from the relevant
planning authority for the proposed major
hazard facility.
Note
In complying with this regulation, persons intending to
make alterations should be aware of the duties of designers
of buildings or structures under section 28 of the Act.
6.2.23 Information to be included in application
Without limiting regulation 7.1.1, an application
for registration of a major hazard facility must
include—
(a) in relation to the facility itself—
(i) if the operator is a corporation, the full
corporate name, trading name,
Australian Company Number, nature of
business, registered address and
principal place of business;
(ii) if the operator is a natural person, the
person's full name, the nature of the
person's business, residential address
and business address;
(iii) the location (or proposed location) of
the facility;
(iv) a brief description of the nature of the
facility, including general site activities
and production and auxiliary processes
involving Schedule 9 materials;
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(v) the number of employees present at or
expected to be present at the facility;
(vi) a description of land use and activities
of occupancy in the area surrounding
the facility;
(b) in relation to the Schedule 9 materials and
other materials at the facility or likely to be
at the facility—
(i) the quantity of each Schedule 9
materials present or likely to be present
at the facility;
(ii) in relation to each such material, the
name of the Schedule 9 materials and
any other information as is necessary to
clearly identify it;
(iii) details of the information and method
used by the person giving the
notification to determine the percentage
of the threshold quantity of the
materials present or likely to be present;
(iv) the names and quantities of any
dangerous goods, which are not
Schedule 9 materials but which are
present or likely to be present at the
facility in quantities that could increase
the likelihood of a major incident
occurring or the severity of the
consequences to health and safety in the
event of a major incident occurring.
6.2.24 Registration of major hazard facilities
The Authority, within 90 days of receipt of an
application for registration of a major hazard
facility must register the facility as a major hazard
facility.
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6.2.25 Notice of registration
(1) As soon as is reasonably practicable after a
facility is registered or taken to be registered
under this Part, the Authority must give the
operator of the facility written notice of the
registration.
(2) The notice must include—
(a) the type of registration; and
(b) details of the facility that has been registered;
and
(c) the name of the operator of the facility; and
(d) the date on which the registration took effect,
or is to take effect; and
(e) the registration expiry date; and
(f) an identifying number.
6.2.26 Registration expiry date
(1) For the purposes of this Chapter the registration
expiry date for a major hazard facility means—
(a) subject to paragraph (b), a date no later than
30 months after the date of completion or
alteration of the facility or proposed major
hazard facility;
(b) if a major hazard facility has been
determined under regulation 5.2.29, a date no
later than 30 months after the date specified
by the Authority in the notice under
regulation 5.2.31 as the date on which the
determination takes effect.
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(2) For the purposes of subregulation (1) and
regulation 6.2.27, completion means the earlier
of—
(a) the time at which Schedule 9 materials are
able to be introduced in the quantities
provided in the application; or
(b) the time at which quantities are able to be
introduced at 100% of the threshold quantity.
6.2.27 Variation of registration expiry date
(1) Within the period of registration of a major hazard
facility, the operator may apply for a variation to
the registration expiry date, for the purpose of—
(a) extending the period of registration; or
(b) expiring the registration in the case of a
facility that is no longer a major hazard
facility.
(2) The Authority may grant a variation extending the
period of registration if—
(a) it is satisfied that—
(i) in the case of a facility notified under
regulation 5.2.27, there has been a
change in the planned date of
completion; and
(ii) the matters specified in paragraphs (a)
and (b) of regulation 6.1.21 are likely to
be achieved before the end of the
extended period of registration; and
(b) the period is extended to a date no later than
36 months after—
(i) subject to subparagraph (ii), the original
date of completion or alteration of the
facility or proposed major hazard
facility; or
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(ii) if a major hazard facility has been
determined under regulation 5.2.29, the
date on which the determination took
effect.
(3) The Authority may grant a variation expiring
the registration if it is satisfied that the
inventory has decreased below the threshold
quantity of Schedule 9 materials, is not
likely to exceed the threshold quantity of
Schedule 9 materials and the facility would
not be determined to be a major hazard
facility under regulation 5.2.29.
6.2.28 Expiry of registration
Registration of a major hazard facility under this
Part expires on the registration expiry date
unless—
(a) a major hazard facility licence is granted, in
which case registration expires on the date
specified by the licence as the date on which
its grant is effective;
(b) the Authority decides to refuse to grant a
major hazard facility licence and no
application is made to the Tribunal for a
review of the decision, in which case
registration expires on the date specified in
the notification of the refusal;
(c) the Authority decides to refuse to grant a
major hazard facility licence and an
application is made to the Tribunal for a
review of the decision and that application is
refused by the Tribunal, in which case
registration expires 30 days after the day on
which the decision that results from the
review is made.
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Division 6—Withdrawal of registration
6.2.29 Authority may withdraw registration based on false
or misleading information
(1) The Authority may withdraw a registration under
this Part if it is satisfied that the person who
applied for the registration provided false or
misleading information in the application for the
registration with respect to any significant detail,
or failed to disclose to the Authority any
significant information that should have been
disclosed to the Authority.
(2) Before withdrawing registration the Authority
must conduct an inquiry to determine whether
there are grounds for taking action under
subregulation (1).
(3) The Authority must give the person who holds the
registration written notice of the inquiry.
(4) The notice must⎯
(a) state the subject of the inquiry and the
reasons for conducting it; and
(b) set out an outline of all allegations, facts and
circumstances known to the Authority that
are relevant to the inquiry; and
(c) invite the person to make a submission to the
inquiry; and
(d) specify a period of not less than 14 days
within which the person may accept the
invitation.
(5) After considering any submissions made by, or on
behalf of, the person in the time allowed, the
Authority must decide whether or not grounds
exist to withdraw the registration.
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(6) If, in the opinion of the Authority grounds do
exist—
(a) it must withdraw the registration; and
(b) it must give the person written notice of its
decision, of the reasons for its decision and
of the date the withdrawal is to take effect.
(7) In specifying the date that the withdrawal is to
take effect, the Authority must not specify a date
that is less than 14 days after the person is given
the notice.
6.2.30 Authority may withdraw registrations on request
The Authority may withdraw the registration of a
person or thing under these Regulations at the
request of the person who holds the registration.
Division 7—General
6.2.31 Evidence of registration to be kept available
(1) A person who holds a construction induction card
must keep that card available for inspection on
request under the Act.
Penalty: 5 penalty units.
(2) A person who holds any other registration under
this Part must keep the notice of registration
available for inspection on request under the Act.
Penalty: 5 penalty units for a natural person;
25 penalty units for a body corporate.
6.2.32 Changes to registration information provided
If, in relation to a registration under these
Regulations, a change occurs to any information
provided at any time by the person who holds that
registration (whether in applying for the
registration, under this regulation or in any other
circumstance), the person must advise the
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Authority in writing of that change as soon as is
reasonably possible after the person becomes
aware that the change has occurred.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
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Part 6.3—Review of Decisions
r. 6.3.1
PART 6.3—REVIEW OF DECISIONS
6.3.1 What is a reviewable decision?
For the purposes of this Part, a reviewable
decision is a decision of the Authority—
(a) to refuse to grant a licence under Division 1
of Part 6.1 (Licences);
(b) to refuse to license the holder of a high risk
work licence to perform one or more
additional classes of high risk work under
Division 1 of Part 6.1 (Licences);
(c) to impose any particular term or condition on
a proposed licence under regulation 6.1.24;
(d) to amend a licence, or to refuse to amend a
licence, under Division 3 of Part 6.1
(Licences);
(e) to refuse to renew a licence under Division 4
of Part 6.1 (Licences);
(f) to suspend, cancel or amend a licence, or
part of a licence, under Division 5 of Part 6.1
(Licences);
(g) to recommend to a corresponding Authority
that a licence, or a part of a licence, be
suspended or cancelled under
regulation 6.1.52;
(h) to refuse to issue a replacement evidence of
licence document under regulation 6.1.28;
(i) to withdraw a registration under
regulation 6.2.29.
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6.3.2 What is a process review?
In these Regulations, a process review of a
decision is a review to determine whether the
decision was made in accordance with all of the
processes that apply under the Act and these
Regulations in relation to the making of such a
decision, but it does not involve any consideration
of the merits of the decision.
6.3.3 Application for process review
(1) A person who applied for a licence may apply to
the Authority for a process review of a reviewable
decision of a type listed in paragraph (a), (b) or (c)
of regulation 6.3.1.
(2) A licence holder may apply to the Authority for a
process review of a reviewable decision of a type
listed in paragraph (d), (e), (f), (g) or (h) of
regulation 6.3.1.
(3) A person who has had a registration withdrawn by
the Authority under regulation 6.2.29 may apply
for a process review of the decision to withdraw
the registration.
(4) An application for a review must be made
within—
(a) 14 days after the day on which the decision
first came to the applicant's notice; or
(b) such longer period as the Authority allows.
(5) If an application is made to the Authority in
accordance with this regulation, the Authority
must make a decision—
(a) to confirm the reviewable decision either on
the basis—
(i) that it was made in accordance with the
Act and these Regulations; or
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(ii) that even though it was not made in
accordance with the Act or these
Regulations, the process failure was not
reasonably likely to have affected the
outcome of the decision; or
(b) to set aside the reviewable decision.
(6) The Authority must give a written notice to the
applicant setting out—
(a) the Authority's decision under
subregulation (5) and the reasons for the
decision; and
(b) the findings on material questions of fact that
led to the decision, referring to the evidence
or other material on which those findings
were based.
(7) The Authority must comply with
subregulation (6)—
(a) within 14 days after the application is made;
or
(b) with the consent of the applicant, within a
further period of up to 14 days.
(8) If the Authority does not notify an applicant of a
decision in accordance with subregulations (6)
and (7), the Authority is taken to have made a
decision to confirm that the reviewable decision
was made in accordance with the Act and these
Regulations.
(9) Subject to regulations 6.1.36(5) and 6.1.48, an
application under this regulation does not affect
the operation of the reviewable decision or
prevent the taking of any action to implement it.
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6.3.4 Process for new decisions to be started within 7 days
If the Authority sets a decision aside under
regulation 6.3.3(5)(b), it must start the process to
remake the decision within 7 days after it sets the
decision aside.
6.3.5 Right of Tribunal review
For the purposes of these Regulations, section 129
of the Act applies as if—
(a) a reference in section 129(1)(a) to a
reviewable decision were a reference to—
(i) a reviewable decision that a person was
entitled to have reviewed under
regulation 6.3.3 and that has been
confirmed by the Authority after it has
conducted a process review of the
decision under that regulation; or
(ii) a reviewable decision that was a new
decision made after an earlier decision
was set aside following a process
review by the Authority; and
(b) section 129(1)(b) were omitted; and
(c) a reference in section 129(1) to an eligible
person were a reference to a person who was
entitled to seek a review of the decision
under regulation 6.3.3; and
(d) for section 129(2) there were substituted the
following provision—
"(2) The application must be made—
(a) within 14 days after the person
received notice of the process
review decision or the new
decision (as the case requires); or
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(b) if the Authority is required by the
Victorian Civil and
Administrative Tribunal Act
1998 to give the person a
statement of reasons, within
14 days after the day on which the
person is given the statement—
whichever period ends last.".
Note
This regulation has the effect of enabling a person who was
entitled to seek a review of a decision under regulation 6.3.3
to apply to VCAT for a review of the decision, but only after
the person has applied under that regulation for a process
review of the decision and had the decision confirmed by
the Authority or a new decision is made.
6.3.6 Notices of decisions must contain a copy of review
rights
The Authority must ensure that any written notice
it gives to an applicant for a licence, or a licence
holder, of any reviewable decision it makes
includes a copy of this Part (other than this
regulation).
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Part 7.1—Administrative Matters
r. 7.1.1
CHAPTER 7—ADMINISTRATIVE MATTERS AND
EXEMPTIONS
PART 7.1—ADMINISTRATIVE MATTERS
Division 1—Applications and notifications
7.1.1 Form and information to be supplied
(1) An application made, or notification required to
be given, to the Authority under these
Regulations⎯
(a) must be made or given in the form and
manner required by the Authority; and
(b) must include, or be accompanied by, any
information or document required by the
Authority.
(2) The Authority may only require, under
subregulation (1), information or documents that
will provide assistance in ensuring that the
application or notification is dealt with in
accordance with these Regulations.
7.1.2 Return of incomplete applications or notifications
(1) The Authority may return an incomplete
application or notification to the person who made
or gave it without processing it.
(2) If the Authority returns an application or
notification—
(a) it must advise the person of the reasons for
returning the application or notification; and
(b) it must return or refund any fee that
accompanied the application or notification.
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7.1.3 Specific notifications
(1) This regulation applies to a notification to the
Authority required by—
(a) regulation 4.3.97, in relation to asbestos
removal work;
(b) regulation 4.3.98, of an unexpected situation;
(c) regulation 5.2.27 (presence of specified
quantities of certain substances at a facility).
(2) If any change occurs to any information provided
at any time by the person to the Authority in
relation to the notification of a matter that is
ongoing (whether in notifying the matter, under
this regulation or in any other circumstance), the
person must advise the Authority in writing of that
change as soon as is reasonably possible after the
person becomes aware that the change has
occurred.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(3) Subregulation (2) does not apply in relation to a
change of supervisor in relation to a matter for
which notification is required by
regulation 4.3.97.
Division 2—Determinations
7.1.4 Authority must publish notice of determinations
(1) If the Authority makes a determination under
these Regulations, it must publish a notice in the
Government Gazette that—
(a) must state that the determination has been
made; and
(b) must identify to whom and to what the
determination applies; and
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(c) must identify the provision or provisions of
these Regulations to which the determination
relates; and
(d) may include any other details that the
Authority considers to be appropriate.
(2) A determination takes effect on the day on which
the notice is published in the Government Gazette,
or on any later day specified in the notice.
(3) The Authority must also cause a similar notice to
be published in a newspaper circulating generally
throughout Victoria as soon as is reasonably
possible after it has complied with
subregulation (1).
(4) Nothing in subregulation (1) is intended to require
the Authority to include in the notice confidential
personal information about an individual or
information relating to manufacturing or
commercial secrets or working processes.
7.1.5 Determination to be made available
The Authority must make a determination
available for inspection by any person affected by
the determination.
Division 3—Notices
7.1.6 Means of giving written notice
A written notice under these Regulations may be
given to a person by—
(a) delivering it personally to that person; or
(b) sending it to that person by a method agreed
by that person; or
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(c) sending it by pre-paid post addressed to that
person at the place that the sender of the
notice has reasonable grounds to believe is
the person's usual place of residence or
business or is the person's last known place
of residence or business.
Division 4—Submissions
7.1.7 Form of submissions to the Authority
(1) In inviting a person to make a submission to it
under these Regulations, the Authority may
specify the form and manner in which the
submission is to be made.
(2) Despite anything to the contrary in these
Regulations, the Authority may refuse to consider
any submission that is not made in a form or
manner that it has specified.
Division 5—Entry permits for authorised representatives
7.1.8 Information to be included on entry permits
For the purposes of Part 8 of the Act, an entry
permit must include the following information—
(a) the name of the authorised representative;
(b) the name of the registered employee
organisation, or the relevant branch of the
organisation, of which the authorised
representative is a permanent employee or
officer;
(c) the address of the registered employee
organisation or relevant branch of the
organisation;
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(d) a photograph of the authorised representative
that is of the size used in Australian
passports and that was taken not more than
6 months before it is attached to the permit;
(e) the date of issue of the permit;
(f) a unique number that identifies the permit;
(g) a statement to the effect of the statement set
out in Schedule 13.
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Part 7.2—Exemptions
r. 7.2.1
PART 7.2—EXEMPTIONS
7.2.1 Authority may grant exemptions from these
Regulations
(1) The Authority may exempt any person, or any
class of person, from complying with any
provision of—
(a) Part 3.2 (Noise);
(b) Part 3.5 (Plant);
(c) Part 4.1 (Hazardous Substances);
(d) Part 4.2 (Scheduled Carcinogenic
Substances);
(e) Part 4.3 (Asbestos);
(f) Part 4.4 (Lead);
(g) Part 5.1 (Construction);
(h) Part 5.2 (Major Hazard Facilities);
(i) Part 5.3 (Mines).
Note
Regulation 7.2.2 also authorises the Authority to grant a
limited exemption under Part 3.6 (High Risk Work).
(2) If these Regulations impose an obligation under
any Part listed in subregulation (1) in relation to a
process, activity, substance or thing, the Authority
may exempt the process, substance, activity or
thing or any class of process, substance, activity
or thing from complying with that obligation.
(3) Despite subregulations (1) and (2), the Authority
may not exempt a person from—
(a) the requirement to hold a licence under
Part 4.3 (Asbestos) or under Part 5.2 (Major
Hazard Facilities); or
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(b) a requirement under Division 10 of Part 5.2
(Major Hazard Facilities).
7.2.2 Exemptions in relation to high risk work
The Authority may exempt an employer, or a class
of employer, from complying with
regulation 3.6.2 in relation to specified high risk
work that the employer seeks to have performed
by a person, or class of person, who does not hold
a high risk work licence (including persons who
are under 18 years of age).
7.2.3 Who may apply for an exemption
(1) The Authority may grant an exemption under
regulation 7.2.1 on its own initiative, or on the
written application of any person.
(2) The Authority may grant an exemption under
regulation 7.2.2—
(a) in the case of an exemption applying to a
class of employer, on its own initiative, or on
the written application of an employer who
seeks the exemption;
(b) in the case of an exemption that is to apply to
only one employer, on the written
application of the employer.
7.2.4 Grounds on which an exemption (other than in
relation to high risk work) may be granted
(1) The Authority must not grant an exemption under
regulation 7.2.1 unless it is satisfied—
(a) that the granting of the exemption will result
in a level of health and safety at the relevant
workplace, or with respect to the relevant
undertaking, that is at least equivalent to that
which would be achieved by observance of
the relevant provision or provisions; or
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(b) that the provision that is to be the subject of
the exemption is an administrative
requirement under these Regulations⎯
(i) that is not directly associated with a
risk control measure; and
(ii) that is inappropriate or unnecessary in
the circumstances.
(2) The Authority may also grant an exemption if—
(a) it is satisfied that the requirements of
subregulation (1)(a) will be met if it imposes
certain conditions in granting the exemption
and those conditions are observed; and
(b) it imposes those conditions in granting the
exemption.
(3) The Authority may also grant an exemption in
relation to plant if it is satisfied that the risk
associated with the plant is not significant if the
exemption is granted.
(4) The Authority must not grant an exemption under
regulation 7.2.1 except in the circumstances
permitted under subregulation (1), (2) or (3).
(5) Subject to subregulations (1) and (2), the
Authority may grant part only of an application
for an exemption under regulation 7.2.1 or it may
grant an exemption so that the exemption applies
in a more limited way than was sought in the
application for the exemption.
(6) If a person applies for an exemption in relation to
Divisions 3 to 7 of Part 5.2 (Major Hazard
Facilities), the Authority must not refuse to grant
the exemption unless it has—
(a) invited the person to make a written
submission; and
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(b) specified a date, not less than 14 days after
the date of the invitation, by which the
person may make the submission; and
(c) considered any submission that is made by
the person by the specified date.
7.2.5 Grounds on which an exemption in relation to high
risk work may be granted
(1) The Authority may only grant an exemption under
regulation 7.2.2—
(a) if it is satisfied that the work that is the
subject of the application can be performed
as safely by a person who does not hold a
relevant high risk work licence as it could be
performed by a person who holds such a
licence; or
(b) if—
(i) it is satisfied that the requirements of
paragraph (a) will be met if it imposes
certain conditions in granting the
exemption and those conditions are
observed; and
(ii) it imposes those conditions in granting
the exemption.
(2) In the case of an application by an employer for
an exemption under regulation 7.2.2 in relation to
a particular employee, the Authority may require
the employer to satisfy it as to the competence of
the employee in relation to any relevant skill or
knowledge by providing it with either an
assessment of that competence by a licence
assessor or a statement of attainment in relation to
that skill or knowledge.
Note
Subregulation (2) also applies to employees who are under
18 years of age.
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(3) The Authority may provide for an exemption
under regulation 7.2.2 to apply to all of the work,
or part of the work, that would normally be
required to be performed by a person with a
relevant high risk work licence.
7.2.6 Applications
(1) An application for an exemption must⎯
(a) if applicable, identify the workplace or
undertaking in respect of which the
exemption is sought; and
(b) identify the provision or provisions from
which exemption is sought; and
(c) explain why the exemption is sought; and
(d) provide sufficient information to enable the
Authority to decide whether it is able to
grant the exemption under regulation 7.2.1 or
7.2.2.
(2) An application for an exemption may be made in
respect of more than one provision, process,
activity or thing.
7.2.7 Consultation
For the purposes of section 35(1) of the Act, an
employer must consult when making the decision
to apply for an exemption under this Part.
Note
Sections 35 and 36 of the Act set out the duty of the
employer to consult, including involving the health and
safety representative (if any). (See also regulation 2.1.5).
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r. 7.2.8
7.2.8 Conditions
(1) The Authority may impose on an exemption any
conditions that it considers to be appropriate.
(2) Without limiting subregulation (1), the Authority
may impose, in relation to anything that is
permitted, or that may be affected, by the
exemption, conditions—
(a) specifying risk control measures to be used
or implemented;
(b) requiring—
(i) monitoring (such as atmospheric
monitoring of the workplace);
(ii) the provision of health surveillance for
anyone at a workplace to which the
exemption applies;
(iii) the recording or keeping of information
(including health and safety
information);
(iv) the provision of information,
instruction and training to specified
people or classes of people;
(v) the use or implementation of systems of
work or processes;
(c) requiring the reporting of information to the
Authority, including health and safety
information and the results of any required
monitoring, health surveillance or testing;
(d) imposing limits on the quantity to be used at
the workplace of anything used under the
exemption;
(e) limiting who may carry out activities under
the exemption;
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r. 7.2.9
(f) limiting the activities that may be carried out
under the exemption, or specifying that only
certain activities may be carried out under
the exemption;
(g) requiring that notice be given that the
exemption has been granted, and of any
conditions of the exemption, to any specified
person who may be affected by the granting
of the exemption;
(h) imposing time limits on when any action
required to be taken in relation to the
exemption is to be taken.
(3) A person to whom an exemption is granted must
comply with the terms and conditions to which the
exemption is subject.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
7.2.9 Form and contents of exemptions
(1) An exemption—
(a) must be in writing; and
(b) must specify—
(i) in the case of an exemption granted
under regulation 7.2.2, the name of the
employer or class of employer and the
work that may be performed for the
employer by employees who do not
hold the relevant high risk work
licence; and
(ii) in any other case, who or what is
exempted; and
(iii) if applicable, the workplace or
workplaces or undertaking or
undertakings to which the exemption
applies; and
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r. 7.2.10
(iv) the provision or provisions of these
Regulations to which the exemption
relates; and
(v) when the exemption is to start; and
(vi) any conditions to which the exemption
is subject.
(2) The Authority may specify how long an
exemption is to last.
7.2.10 Notice of exemptions to be given to individual
applicants
If the Authority grants an exemption in response
to an application, the Authority must give a copy
of the exemption to the person who applied for the
exemption.
7.2.11 Notice of exemptions to be published
(1) If the Authority decides to grant an exemption, it
must publish a notice in the Government Gazette
that—
(a) must state that the exemption has been
granted; and
(b) must identify to whom and to what the
exemption applies; and
(c) must identify the provision or provisions of
these Regulations to which the exemption
relates; and
(d) must state when the exemption is to start;
and
(e) may include any other details that the
Authority considers to be appropriate.
(2) An exemption takes effect on the day on which
the notice is published in the Government Gazette,
or on any later day specified in the notice.
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(3) The Authority must also cause a similar notice to
be published in a newspaper circulating generally
throughout Victoria as soon as is reasonably
practicable after it has complied with
subregulation (1).
(4) Nothing in subregulation (1) is intended to require
the Authority to include in the notice confidential
personal information about an individual or
information relating to manufacturing or
commercial secrets or working processes.
7.2.12 Additional obligation on the operator of a mine
The operator of a mine in relation to which an
exemption is granted must, within 30 days after
the exemption is granted, inform the health and
safety representatives at the mine that the
exemption has been granted.
7.2.13 Notice of refusal
If the Authority refuses to grant an exemption, the
Authority must notify the person who applied for
the exemption of the reasons for the refusal in
writing.
7.2.14 Variation or revocation of exemption
(1) The Authority may vary or revoke an exemption
at any time⎯
(a) in the case of an exemption applying to a
class of person, process, substance, activity
or thing, by placing a notice in the
Government Gazette setting out the
variation, or stating that the exemption has
been revoked; or
(b) in any other case, by giving a written notice
of the variation or revocation to the person to
whom the exemption applies.
(2) The notice must include the Authority's reasons
for varying or revoking the exemption.
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(3) A revocation, or variation, of an exemption takes
effect—
(a) if subregulation (1)(a) applies, on the day on
which the notice required by that
subregulation is published in the
Government Gazette or on any later day
specified in the notice; or
(b) if subregulation (1)(b) applies, on the day on
which the person is given the written notice
of the revocation or variation, or on any later
day specified in the notice.
7.2.15 Exemptions and variations not to have retrospective
effect
Nothing in this Part authorises the Authority to
specify⎯
(a) that an exemption takes effect before it is
granted; or
(b) that a variation to an exemption takes effect
before notice of it is given in accordance
with this Part.
7.2.16 Terms and conditions to be made available
The Authority must make the current terms and
conditions of an exemption available for
inspection by any person affected by the
exemption.
7.2.17 Fee for considering exemption application
(1) A person who applies for an exemption is liable to
pay to the Authority a fee for the consideration of
the application.
(2) The fee is to be calculated at a rate of $74 for each
hour, or part of an hour, that is taken to assess the
application.
(3) The Authority must not seek a fee of more than
$445 under subregulation (2).
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(4) The Authority must not grant an exemption to a
person unless the person has paid the fee payable
in respect of the Authority's consideration of the
application.
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Part 8.1—General Transitional Provisions
r. 8.1.1
CHAPTER 8—SAVING AND TRANSITIONAL
PROVISIONS
PART 8.1—GENERAL TRANSITIONAL PROVISIONS
8.1.1 Commencement day
In this Chapter commencement day means 1 July
2007.
8.1.2 General transitional provisions
This Chapter does not affect or take away from
the Interpretation of Legislation Act 1984.
8.1.3 Plant
(1) In this regulation former Regulations means the
Occupational Health and Safety (Plant)
Regulations 1995 2.
(2) A notification of a design of plant under
regulation 1002 of the former Regulations that
was not confirmed by the Authority before the
commencement day is on and from the
commencement day to be taken to be an
application for registration of the plant design
under Part 6.2 (Registration) of these Regulations.
(3) A confirmation of a notification of a design of
plant under regulation 1002(5) of the former
Regulations is on and from the commencement
day to be taken to be a registration of the plant
design under Part 6.2 (Registration) of these
Regulations.
(4) If an application for registration or renewal of
registration of plant under regulation 1008 of the
former Regulations was made but the plant was
not registered before the commencement day, the
application is on and from the commencement day
to be taken to be an application for registration or
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renewal of registration (as the case may be) of the
plant under Part 6.2 (Registration) of these
Regulations.
(5) A registration, or renewal of registration, of plant
under regulation 1008 of the former Regulations is
on and from the commencement day to be taken to
be a registration, or renewal of the registration (as
the case may be), of the plant under Part 6.2
(Registration) of these Regulations.
(6) Regulation 3.5.50 of these Regulations does not
apply for 12 months after the commencement day
to any plant listed in Part 2 of Schedule 2 to these
Regulations that did not require registration under
Part 10 of the former Regulations immediately
before the commencement day.
8.1.4 Hazardous substances—MSDS
If on the commencement day, a manufacturer or
importing supplier has a current MSDS that
complies with regulation 204(1) of the
Occupational Health and Safety (Hazardous
Substances) Regulations 1999 3, that person may
continue to provide that current MSDS until
30 June 2008.
8.1.5 Carcinogens licences and notifications
(1) In this regulation former Regulations means
Occupational Health and Safety (Hazardous
Substances) Regulations 1999.
(2) If on the commencement day, a person holds
a licence granted by the Authority under
regulation 405 of the former Regulations, that
person may continue to use Schedule 1
carcinogenic substances in a laboratory or
Schedule 2 carcinogenic substances in a
workplace, in accordance with any conditions
attached to the licence, until the licence expires.
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(3) If on the commencement day, a person holds a
confirmation of notification issued by the
Authority under regulation 417 of the former
Regulations, that person may continue to use
Schedule 2 carcinogenic substances in a
laboratory until the date on which the Authority
would have required re-notification of an intention
to use the substance by the holder of the
notification.
(4) On and from the commencement day, a person
who has made a valid application for a
notification to the Authority under regulation 416
of the former Regulations and who has not yet
received a confirmation of notification by the
Authority under regulation 417 of the former
Regulations is to be taken to have made an
application for a licence to use a Schedule 2
carcinogenic substance under Part 6.1 (Licences)
of these Regulations.
8.1.6 Asbestos
(1) In this regulation former Regulations means the
Occupational Health and Safety (Asbestos)
Regulations 2003 4.
(2) A Class A licence issued under the former
Regulations and in force immediately before the
commencement day is to be taken on and from the
commencement day to be a Class A asbestos
removal licence granted under Part 6.1 (Licences)
of these Regulations.
(3) A Class B licence issued under the former
Regulations and in force immediately before the
commencement day is to be taken on and from the
commencement day to be a Class B asbestos
removal licence granted under Part 6.1 (Licences)
of these Regulations.
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(4) An application for a Class A licence under the
former Regulations made but not determined by
the Authority before the commencement day is on
and from the commencement day to be taken to be
an application for a Class A asbestos removal
licence under Part 6.1 (Licences) of these
Regulations.
(5) An application for a Class B licence under the
former Regulations made but not determined by
the Authority before the commencement day is on
and from the commencement day to be taken to be
an application for a Class B asbestos removal
licence under Part 6.1 (Licences) of these
Regulations.
(6) A current record of results kept by an occupier of
a workplace under the former Regulations and
existing immediately before the commencement
day is to be taken on and from the commencement
day to be the asbestos register of the person in
management or control of that workplace for the
purposes of Part 4.3 (Asbestos) of these
Regulations.
(7) A current record of results kept by an employer
under the former Regulations and existing
immediately before the commencement day is to
be taken on and from the commencement day to
be the employer's asbestos register for the
purposes of Part 4.3 (Asbestos) of these
Regulations.
8.1.7 Transitional provision relating to principal
contractors
Subdivision 2 of Division 2 of Part 5.1
(Construction) does not apply to a construction
project if the contract to perform the construction
work was entered into before the commencement
of that Subdivision.
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8.1.8 Major hazard facilities
(1) In these Regulations former Regulations means
the Occupational Health and Safety (Major
Hazard Facilities) Regulations 2000 5.
(2) A licence issued under the former Regulations and
in force immediately before the commencement
day is to be taken on and from the commencement
day to be a major hazard facility licence granted
under Part 6.1 (Licences) of these Regulations.
(3) A registration of a facility under the former
Regulations that is in force immediately before the
commencement day is to be taken on and from the
commencement day to be a registration of that
facility under Part 6.2 (Registration) of these
Regulations.
(4) A notification of a facility under regulation 702 of
the former Regulations that was not determined by
the Authority before the commencement day is to
be taken on and from the commencement day to
be an application for registration of that facility
under Part 6.2 (Registration) of these Regulations.
(5) A notification of a facility made under
regulation 703 of the former Regulations that was
not determined by the Authority before the
commencement day is to be taken on and from the
commencement day to be a notification under
regulation 5.2.27 of these Regulations.
(6) An application for a licence under the former
Regulations made but not determined by the
Authority before the commencement day is to be
taken on and from the commencement day to be
an application for a major hazard facility licence
under Part 6.1 (Licences) of these Regulations.
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(7) Clause 6 of Schedule 12 of these Regulations in
respect of unauthorised persons and control of
access does not apply to a Safety Case existing
under the former Regulations before the
commencement day.
8.1.9 Exemptions
(1) In this regulation, former Regulations means the
regulations made under the Act or the
Occupational Health and Safety Act 1985, other
than the Occupational Health and Safety
(Certification of Plant Users and Operators)
Regulations 1994 6.
(2) Any exemption granted under the former
Regulations before the commencement day that
was in force immediately before the
commencement day continues in force as if it had
been granted under Part 7.2 (Exemptions) in
respect of the corresponding provision of these
Regulations until it expires or otherwise ceases to
operate according to its terms, or until it is
revoked by the Authority, whichever occurs first.
8.1.10 Determinations
(1) In this regulation former Regulations means the
regulations made under the Act or the
Occupational Health and Safety Act 1985.
(2) Any determination made by the Authority under
the former Regulations before the commencement
day that was in force immediately before the
commencement day continues in force as if it had
been made under the corresponding provision of
these Regulations until it is revoked by the
Authority.
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r. 8.1.11
8.1.11 References to Acts
(1) Until the commencement of section 6.1.1((l) of
the Education and Training Reform Act 2006, a
reference to that Act in the definition of AQF in
regulation 1.1.5 is to be taken to be a reference to
the Victorian Qualifications Authority Act
2000.
(2) Until the commencement of section 6.1.1((l) of
the Education and Training Reform Act 2006, a
reference to Chapter 4 of that Act in the definition
of RTO in regulation 1.1.5 is to be taken to be a
reference to the Victorian Qualifications
Authority Act 2000.
(3) Until the commencement of section 6.1.1((e) of
the Education and Training Reform Act 2006, a
reference to that Act in regulation 5.1.22 is to be
taken to be a reference to the Education Act
1958.
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Part 8.2—High Risk Work
r. 8.2.1
PART 8.2—HIGH RISK WORK
8.2.1 Definitions
In this Part—
certificate of competency means—
(a) a certificate of competency granted or
issued under the former Regulations; or
(b) a certificate of competency that was
issued under the Lifts and Cranes Act
1967, the Boilers and Pressure
Vessels Act 1970 or the Scaffolding
Act 1971 or regulations made under
those Acts, and that was in force
immediately before the former
Regulations came into operation, and
that has not subsequently been
cancelled or surrendered; or
(c) a certificate that is equivalent to a
certificate of competency referred to in
paragraph (a) or (b) that was issued
under the Lifts and Cranes Act 1967,
the Boilers and Pressure Vessels Act
1970 or the Scaffolding Act 1971 or
regulations made under those Acts, and
that was in force immediately before
the day the former Regulations came
into operation, and that has not
subsequently been cancelled or
surrendered;
former Regulations means the Occupational
Health and Safety (Certification of Plant
Users and Operators) Regulations 1994.
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r. 8.2.2
8.2.2 Previous exemptions cease to have effect
(1) All exemptions granted under the former
Regulations cease to have effect.
(2) A person who was exempted by regulation 8(4) of
the former Regulations from the need to comply
with regulation 7(1) of the former Regulations is
not required to comply with regulation 3.6.1 of
these Regulations at any time before 1 July 2008.
(3) A person who was exempted by regulation 8(4) of
the former Regulations from the need to comply
with regulation 7(2) of the former Regulations is
not required to comply with regulation 3.6.2 of
these Regulations in respect of an employee who
is exempted under subregulation (2) of this
regulation.
8.2.3 Certificates to continue to have effect
(1) If a person holds a certificate of competency
immediately before the commencement day, the
following provisions apply until the certificate
expires or is cancelled under this Part—
(a) the person is to be treated as if he or she
were licensed under these Regulations to
perform the work authorised by the
certificate of competency; and
(b) the certificate held by the person is to be
treated as if it were an evidence of licence
document issued under these Regulations.
(2) Without limiting subregulation (1), the Authority
may amend, suspend or cancel the certificate of
competency as if it were a licence.
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8.2.4 Phased expiry of certificates of competency
(1) For the purposes of this regulation, the relevant
date of a certificate of competency is—
(a) if the certificate has not been endorsed, the
date on which it was granted or issued; or
(b) in any other case, the date on which it was
last endorsed.
(2) A certificate of competency that was not granted
or issued under the former Regulations and that
has a relevant date that falls within a period set
out in column 1 of Table 1 expires on the date set
out next to that period in column 2 of Table 1.
(3) A certificate of competency that was granted or
issued under the former Regulations and that has a
relevant date that falls within a period set out in
column 1 of Table 2 expires on the date set out
next to that period in column 2 of Table 2.
Table 1—Expiry dates for certificates not granted or
issued under the former Regulations
Column 1
Relevant date
Column 2
Expiry date
Pre 1 August 1978
31 January 2008
1 August 1978–30 April 1981
29 February 2008
1 May 1981–31 October 1982
31 March 2008
1 November 1982–31 May 1984
30 April 2008
1 June 1984–31 October 1985
31 May 2008
1 November 1985–30 November
1986
30 June 2008
1 December 1986–31 December
1987
31 July 2008
1 January 1988–31 May 1989
31 August 2008
1 June 1989–30 November 1989
30 September 2008
1 December 1989–30 June 1990
31 October 2008
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Column 1
Relevant date
Column 2
Expiry date
1 July 1990–30 November 1990
30 November 2008
1 December 1990–30 June 1991
31 December 2008
1 July 1991–31 January 1992
31 January 2009
1 February 1992–31 August 1992
28 February 2009
1 September 1992–28 February
1993
31 March 2009
1 March 1993–31 July 1993
30 April 2009
1 August 1993–31 December
1993
31 May 2009
1 January 1994–30 June 1994
30 June 2009
1 July 1994–31 October 1994
31 July 2009
1 November 1994–31 March
1995
31 August 2009
1 April 1995–30 November 1999
30 September 2009
Table 2—Expiry dates for certificates granted or issued
under the former Regulations
Column 1
Relevant date
Column 2
Expiry date
Pre 1 August 1995
31 January 2008
1 August 1995–31 August 1995
29 February 2008
1 September 1995–30 September
1995
31 March 2008
1 October 1995–31 October 1995
30 April 2008
1 November 1995–30 November
1995
31 May 2008
1 December 1995–31 December
1995
30 June 2008
1 January 1996–30 April 1996
31 July 2008
1 May 1996–31 July 1996
31 August 2008
1 August 1996–30 September
1996
30 September 2008
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Column 1
Relevant date
Column 2
Expiry date
1 October 1996–31 December
1996
31 October 2008
1 January 1997–30 April 1997
30 November 2008
1 May 1997–31 July 1997
31 December 2008
1 August 1997–31 October 1997
31 January 2009
1 November 1997–31 January
1998
28 February 2009
1 February 1998–30 April 1998
31 March 2009
1 May 1998—31 July 1998
30 April 2009
1 August 1998–31 October 1998
31 May 2009
1 November 1998–31 December
1998
30 June 2009
1 January 1999–30 April 1999
31 July 2009
1 May 1999–31 July 1999
31 August 2009
1 August 1999–30 September
1999
30 September 2009
1 October 1999–31 December
1999
31 October 2009
1 January 2000–30 April 2000
30 November 2009
1 May 2000–31 July 2000
31 December 2009
1 August 2000–31 October 2000
31 January 2010
1 November 2000–31 January
2001
28 February 2010
1 February 2001–30 April 2001
31 March 2010
1 May 2001–31 July 2001
30 April 2010
1 August 2001–30 September
2001
31 May 2010
1 October 2001–31 December
2001
30 June 2010
1 January 2002–30 April 2002
31 July 2010
1 May 2002–31 July 2002
31 August 2010
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r. 8.2.4
Column 1
Relevant date
Column 2
Expiry date
1 August 2002–31 October 2002
30 September 2010
1 November 2002–28 February
2003
31 October 2010
1 March 2003–31 May 2003
30 November 2010
1 June 2003–31 August 2003
31 December 2010
1 September 2003–30 November
2003
31 January 2011
1 December 2003–29 February
2004
28 February 2011
1 March 2004–31 May 2004
31 March 2011
1 June 2004–31 July 2004
30 April 2011
1 August 2004–31 October 2004
31 May 2011
1 November 2004–31 December
2004
30 June 2011
1 January 2005–31 March 2005
31 July 2011
1 April 2005–30 June 2005
31 August 2011
1 July 2005–30 September 2005
30 September 2011
1 October 2005–31 December
2005
31 October 2011
1 January 2006–31 March 2006
30 November 2011
1 April 2006–30 June 2006
31 December 2011
1 July 2006–31 August 2006
31 January 2012
1 September 2006–31 October
2006
29 February 2012
1 November 2006–31 December
2006
31 March 2012
1 January 2007–28 February 2007
30 April 2012
1 March 2007–30 April 2007
31 May 2012
1 May 2007–30 June 2007
30 June 2012
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r. 8.2.5
8.2.5 Certain certificates continue to have effect until
licence decision finally made
(1) This regulation applies if—
(a) a person applies for a high risk work licence
to perform a type of work that he or she is
authorised to perform under a certificate of
competency; and
(b) the licence is not granted on or before that
date.
(2) The certificate continues to have effect as if it had
not expired—
(a) until the licence is granted; or
(b) if the licence is not granted, and the person
does not apply to the Tribunal for a review of
the decision in accordance with these
Regulations, until 14 days after the date that
the person is given written notice of the final
decision of the Authority; or
(c) if the licence is not granted, and the person
applies to the Tribunal for a review of the
decision in accordance with these
Regulations—
(i) until the person withdraws the
application for review; or
(ii) until the person is given a document
setting out the terms of the decision of
the Tribunal on the application for
review—
whichever occurs first.
8.2.6 Assessor authorisations to continue to have effect
(1) If a person holds a certificate authorising him or
her to act as a certificate assessor under the former
Regulations immediately before the
commencement day, the following provisions
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r. 8.2.7
apply until the certificate is cancelled under
Part 6.1 (Licences) or expires—
(a) the person is authorised to carry out the types
of assessment of competency authorised by
the certificate for the purpose of assessing
the competency of applicants for the related
classes of high risk work licences; and
(b) the person must comply with Part 6.1
(Licences) as if the person were licensed;
and
(c) the certificate held by the person is to be
taken to be an evidence of licence document
issued under these Regulations.
(2) Without limiting subregulation (1), the Authority
may amend, suspend or cancel the certificate as if
it were a licence.
(3) If not sooner cancelled, a certificate expires on
30 June 2009.
(4) Subregulation (3) applies even if an earlier expiry
date is set out on the certificate.
8.2.7 Only licences may be endorsed on or after
1 July 2007
Despite regulation 8.2.3, a certificate of
competency cannot be endorsed on or after the
commencement day.
Note
A person who holds a certificate of competency and who
seeks on or after 1 July 2007 to be licensed to perform an
additional type of high risk work will only be able to do so
by applying for the endorsement either in conjunction with
an application for a licence covering the existing type or
types of high risk work that the person is authorised to
perform, or after such a licence has been granted.
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r. 8.2.8
8.2.8 Operation of self-erecting tower cranes
A certificate of competency that authorises a
person to operate a tower crane ceases to authorise
a person to operate a self-erecting tower crane on
1 July 2009.
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Part 9.1—Amendments to the Dangerous Goods (Explosives) Regulations
2000
CHAPTER 9—CONSEQUENTIAL AMENDMENTS
PART 9.1—AMENDMENTS TO THE DANGEROUS GOODS
(EXPLOSIVES) REGULATIONS 2000
9.1.1 Definitions
In regulation 106 of the Dangerous Goods
(Explosives) Regulations 2000 7—
(a) in the definition of plant, for "1985"
substitute "2004";
(b) for the definition of practicable,
substitute—
"practicable means practicable having regard
to—
(a) the severity of the hazard or risk
in question; and
(b) the state of knowledge about that
hazard or risk and any ways of
removing or mitigating that hazard
or risk; and
(c) the availability and suitability of
ways to remove or mitigate that
hazard or risk; and
(d) the cost of removing or mitigating
that hazard or risk;".
9.1.2 Holders of major hazard facilities licences
In regulations 120(1) and 120(4) of the Dangerous
Goods (Explosives) Regulations 2000, for
"Occupational Health and Safety (Major Hazard
Facilities) Regulations 2000" substitute
"Occupational Health and Safety Regulations
2007".
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9.1.3 Injury or property damage to be reported
In regulation 131(5) of the Dangerous Goods
(Explosives) Regulations 2000—
(a) for "the Occupational Health and Safety
(Incident Notification) Regulations 1997"
substitute "Part 5 of the Occupational
Health and Safety Act 2004"; and
(b) for "according to those Regulations"
substitute "in accordance with that Part".
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Part 9.2—Amendments to the Dangerous Goods (Storage and Handling)
Regulations 2000
PART 9.2—AMENDMENTS TO THE DANGEROUS GOODS
(STORAGE AND HANDLING) REGULATIONS 2000
9.2.1 Definitions
In regulation 105 of the Dangerous Goods
(Storage and Handling) Regulations 2000 8—
(a) in the definition of employer, for "1985"
substitute "2004";
(b) in the definition of hazardous substance, for
"the Occupational Health and Safety
(Hazardous Substances) Regulations 1999"
substitute "Part 4.1 (Hazardous Substances)
of the Occupational Health and Safety
Regulations 2007";
(c) in the definition of health and safety
representative, for "section 30 of the
Occupational Health and Safety Act 1985"
substitute "Part 7 of the Occupational
Health and Safety Act 2004".
9.2.2 Exemptions—Major hazard facilities
In regulation 203(a) of the Dangerous Goods
(Storage and Handling) Regulations 2000, for
"Occupational Health and Safety (Major Hazard
Facilities) Regulations 2000" substitute
"Occupational Health and Safety Regulations
2007".
9.2.3 Compliance with Occupational Health and Safety
Regulations
(1) Insert the following heading to regulation 205 of
the Dangerous Goods (Storage and Handling)
Regulations 2000—
"Compliance with Occupational Health and
Safety Regulations".
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Regulations 2000
(2) In regulation 205(1) of the Dangerous Goods
(Storage and Handling) Regulations 2000, for "the
Occupational Health and Safety (Hazardous
Substances) Regulations 1999" substitute
"Part 4.1 (Hazardous Substances) of the
Occupational Health and Safety Regulations
2007".
9.2.4 Major hazard facilities to be licensed
In regulation 501(4) of the Dangerous Goods
(Storage and Handling) Regulations 2000, for
"Occupational Health and Safety (Major Hazard
Facilities) Regulations 2000" (where twice
occurring) substitute "Occupational Health and
Safety Regulations 2007".
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SCHEDULES
SCHEDULE 1
Regulation 1.1.4(1)
REVOCATION OF REGULATIONS
S.R. No.
Title
108/1994
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994;
81/1995
Occupational Health and Safety (Plant) Regulations 1995;
148/1996
Occupational Health and Safety (Confined Spaces)
Regulations 1996 9;
5/1998
Occupational Health and Safety (General Amendment)
Regulations 1998 10;
138/1998
Occupational Health and Safety (Plant) (Amendment)
Regulations 1998 11;
143/1999
Occupational Health and Safety (Hazardous Substances)
Regulations 1999;
94/1999
Occupational Health and Safety (Issue Resolution)
Regulations 1999 12;
84/1999
Occupational Health and Safety (Manual Handling)
Regulations 1999 13;
62/2000
Occupational Health and Safety (Lead) Regulations 2000 14;
50/2000
Occupational Health and Safety (Major Hazard Facilities)
Regulations 2000;
53/2001
Occupational Health and Safety (Plant) (Amendment)
Regulations 2001 15;
20/2002
Occupational Health and Safety (Major Hazard Facilities)
(Amendment) Regulations 2002 16;
104/2002
Occupational Health and Safety (Mines) Regulations 2002 17;
16/2003
Occupational Health and Safety (Asbestos) Regulations
2003;
121/2003
Occupational Health and Safety (Prevention of Falls)
Regulations 2003 18;
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S.R. No.
Title
157/2003
Occupational Health and Safety (Asbestos) (Amendment)
Regulations 2003 19;
10/2004
Occupational Health and Safety (Noise) Regulations 2004 20;
105/2004
Occupational Health and Safety (Mines) (Amendment)
Regulations 2004 21;
64/2005
Occupational Health and Safety (Entry Permits) Regulations
2005 22.
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SCHEDULE 2
PLANT
Regulations 3.5.47, 3.5.48 and 3.5.50
PLANT DESIGNS AND ITEMS OF PLANT TO BE
REGISTERED
PART 1—PLANT REQUIRING REGISTRATION OF DESIGN
1.1
Pressure equipment, other than pressure piping.
1.2
Tower cranes.
1.3
Self-erecting tower cranes.
1.4
Lifts.
1.5
Building maintenance units.
1.6
Hoists, with a platform movement in excess of
2·4 metres, designed to lift people.
1.7
Work boxes suspended from cranes.
1.8
Amusement structures to which AS 3533.1—
Amusement rides and devices—Part 1: Design and
construction applies, other than amusement structures
referred to in the Standard as class 1 structures.
1.9
Prefabricated scaffolding, being an integrated system of
prefabricated components manufactured in such a way
that the possible geometry of assembled scaffolds is
pre-determined by the designer.
1.10
Boom-type elevating work platforms.
1.11
Gantry cranes with a safe working load greater than
5 tonnes or bridge cranes with a safe working load
greater than 10 tonnes, and a gantry crane or a bridge
crane which is designed to handle molten metal or
dangerous goods.
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1.12
Vehicle hoists, being hoists that are permanently
installed or intended to be permanently installed in a
workplace to elevate a vehicle to allow work to be
performed on the vehicle.
1.13
Mast climbing work platforms.
1.14
Mobile cranes with a safe working load greater than
10 tonnes.
PART 2—ITEMS OF PLANT REQUIRING REGISTRATION
2.1
Boilers categorised as hazard level A, B or C according
to the criteria identified in AS 4343 Pressure
equipment—Hazard levels.
2.2
Pressure vessels categorised as hazard level A, B or C
according to the criteria identified in AS 4343 Pressure
equipment—Hazard levels, other than—
(a) gas cylinders to which AS 2030—Gas Cylinders
applies; and
Note
See the definition of AS 2030—Gas Cylinders which
encompasses AS 2030.1, AS 2030.2 and AS 2030.4.
(b) liquefied petroleum gas fuel vessels for automotive
use to which AS/NZS 3509—LP Gas fuel vessels
for automotive use applies; and
(c) serially produced vessels to which AS 2971—
Serially produced pressure vessels applies.
2.3
Tower cranes.
2.4
Self-erecting tower cranes.
2.5
Lifts.
2.6
Building maintenance units.
2.7
Amusement structures to which AS 3533.1—
Amusement rides and devices—Part 1: Design and
construction applies, other than amusement structures
referred to in the standard as class 1 structures.
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2.8
Concrete placing units (truck-mounted with boom).
2.9
Mobile cranes with a safe working load greater than
10 tonnes.
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SCHEDULE 3
HIGH RISK WORK
Regulation 1.1.5
LICENCE CLASSES
PART 1—LICENCE CLASSES FOR SCAFFOLDING AND
RIGGING
1 Definitions
In this Part—
crane means an appliance intended for raising and
lowering a load and moving it horizontally
but does not include industrial lift-trucks,
earthmoving machinery, amusement
structures, tractors, industrial robots or lifts;
dogging means the application of slinging
techniques, including the selection or
inspection of lifting gear, or the directing of
a crane or hoist operator in the movement of
a load when the load is out of the operator's
view;
rigging means the use of mechanical loadshifting
equipment and associated gear to move,
place or secure a load including plant,
equipment or members of a building or
structure and to ensure the stability of those
members and for the setting up and
dismantling of cranes and hoists, but does
not include the setting up of a crane or hoist
which only requires the positioning of
integral outriggers or stabilisers;
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scaffolding means the erection, alteration or
dismantling of a temporary structure,
specifically erected to support platforms, if
the structure is such that a person or object
could fall more than 4 metres from the
structure;
slinging techniques in relation to dogging means
those slinging techniques that require
judgment to be exercised in relation to the
suitability and condition of lifting gear, and
the method of slinging, by consideration of
the nature of the load, its mass and its centre
of gravity.
2 Basic scaffolding licence
The scope of work for this licence is scaffolding
work associated with—
(a) prefabricated scaffolds;
(b) cantilevered hoists with a maximum working
load limit of 500 kilograms (materials only);
(c) ropes;
(d) gin wheels;
(e) safety nets and static lines;
(f) bracket scaffolds (tank and formwork)—
but does not include work involving—
(g) cantilevered crane loading platforms;
(h) cantilevered and spurred scaffolds;
(i) barrow ramps and sloping platforms;
(j) scaffolding associated with perimeter safety
screens and shutters;
(k) mast climbers;
(l) tube and coupler scaffolds (including tube
and coupler covered ways and gantries);
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(m) hung scaffolds, including scaffolds hanging
from tubes, wire ropes and chains;
(n) suspended scaffolds.
3 Intermediate scaffolding licence
The scope of work for this licence is scaffolding
work associated with—
(a) prefabricated scaffolds;
(b) cantilevered hoists with a maximum working
load of 500 kilograms (materials);
(c) ropes;
(d) gin wheels;
(e) safety nets and static lines;
(f) bracket scaffolds (tank and formwork);
(g) cantilevered crane loading platforms;
(h) cantilevered and spurred scaffolds;
(i) barrow ramps and sloping platforms;
(j) scaffolding associated with perimeter safety
screens and shutters;
(k) mast climbers;
(l) tube and coupler scaffolds including tube
and coupler covered ways and gantries—
but does not include work involving—
(m) hung scaffolds, including scaffolds hanging
from tubes, wire ropes and chains;
(n) suspended scaffolds.
The scope of the work in this licence includes the
scope of the work for the basic scaffolding
licence.
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4 Advanced scaffolding licence
The scope of work for this licence is all
scaffolding work, including—
(a) prefabricated scaffolds;
(b) cantilevered hoists;
(c) ropes;
(d) gin wheels;
(e) safety nets and static lines;
(f) bracket scaffolds (tank and formwork);
(g) cantilevered crane loading platforms;
(h) cantilevered and spurred scaffolds;
(i) barrow ramps and sloping platforms;
(j) scaffolding associated with perimeter safety
screens and shutters;
(k) mast climbers;
(l) tube and coupler scaffolds including tube
and coupler covered ways and gantries;
(m) hung scaffolds, including scaffolds hanging
from tubes, wire ropes and chains;
(n) suspended scaffolds.
The scope of the work in this licence includes the
scope of the work for the intermediate scaffolding
licence.
5 Dogging licence
The scope of work for this licence is the
application of slinging techniques including the
selection and inspection of lifting gear and the
directing of the crane or hoist operator in the
movement of the load including when the load is
out of view of the operator.
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6 Basic rigging licence
The scope of work for this licence is dogging and
rigging work associated with—
(a) movement of plant and equipment;
(b) steel erection;
(c) hoists (other than hoists with jibs and selfclimbing hoists);
(d) placement of pre-cast concrete;
(e) safety nets and static lines;
(f) mast climbers;
(g) perimeter safety screens and shutters;
(h) cantilevered crane loading platforms—
but does not include work involving—
(i) use of load equalising gear;
(j) rigging of cranes, conveyors, dredges and
excavators;
(k) tilt slabs;
(l) hoists with jibs and self-climbing hoists;
(m) demolition;
(n) dual lifts;
(o) rigging of gin poles and shear legs;
(p) flying foxes and cable ways;
(q) guyed derricks and structures;
(r) suspended scaffolds and fabricated hung
scaffolds.
The scope of the work in this licence includes the
scope of the work for the dogging licence.
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7 Intermediate rigging licence
The scope of work for this licence is dogging and
rigging work associated with—
(a) movement of plant and equipment;
(b) steel erection;
(c) all hoists;
(d) placement of pre-cast concrete;
(e) safety nets and static lines;
(f) mast climbers;
(g) perimeter safety screens and shutters;
(h) cantilevered crane loading platforms;
(i) rigging of cranes, conveyors, dredges and
excavators;
(j) tilt slabs;
(k) demolition;
(l) dual lifts—
but does not include work involving—
(m) rigging of gin poles and shear legs;
(n) flying foxes and cable ways;
(o) guyed derricks and structures;
(p) suspended scaffolds and fabricated hung
scaffolds.
The scope of the work for this licence includes the
scope of the work for the basic rigging licence.
8 Advanced rigging licence
The scope of work for this licence is dogging and
all rigging work, including rigging work
associated with—
(a) movement of plant and equipment;
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(b) steel erection;
(c) all hoists;
(d) placement of pre-cast concrete;
(e) safety nets and static lines;
(f) mast climbers;
(g) perimeter safety screens and shutters;
(h) cantilevered crane loading platforms;
(i) rigging of cranes, hoists, conveyors, dredges
and excavators;
(j) tilt slabs;
(k) demolition;
(l) dual lifts;
(m) rigging of gin poles and shear legs;
(n) flying foxes and cable ways;
(o) guyed derricks and structures;
(p) suspended scaffolds and fabricated hung
scaffolds.
The scope of the work for this licence includes the
scope of the work for the intermediate rigging
licence.
PART 2—LICENCE CLASSES FOR CRANE, HOIST AND
FORK LIFT TRUCK OPERATION
9 Definitions
In this Part—
boom-type elevating work platform means a
powered telescoping device, hinged device
or articulated device or any combination of
those devices used to support a platform on
which personnel, equipment and materials
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may be elevated to perform work and which
has a boom length of 11 metres or more;
bridge crane means a powered crane that—
(a) consists of one or more bridge beams
mounted at each end to an end carriage;
and
(b) is capable of travelling along elevated
runways; and
(c) has one or more hoisting mechanisms
that are able to travel across the bridge
beam or beam—
but does not include a crane that has 3 or less
powered operations and that is controlled
from a location remote to a permanent cabin
or control station on the crane;
concrete placing boom means a powered mobile
truck-mounted plant incorporating a knuckle
boom that is capable of power-operated
slewing and luffing to place concrete by way
of pumping concrete through a pipeline
attached to, or forming part of, the boom of
the plant;
crane means an appliance intended for raising and
lowering a load and moving it horizontally
but does not include industrial lift-truck,
earthmoving machinery, amusement
structure, tractor, industrial robot or lift;
derrick crane means a powered slewing strutboom crane with its boom pivoted at the base
of a mast which is either guyed or held by
backstays and which is capable of luffing
under load;
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fork-lift truck means a powered industrial truck
equipped with a mast and an elevating load
carriage to which is attached a pair of fork
arms or other loadholding attachment,
including a truck on which the operator is
raised with the attachment for order-picking,
but does not include a pedestrian operated
industrial truck;
gantry crane means a powered crane that—
(a) consists of one or more bridge beams
supported at each end by legs mounted
on end carriages; and
(b) is capable of travelling on supporting
surfaces or deck levels, whether fixed
or not; and
(c) has a crab with one or more hoisting
units that are able to travel across the
bridge beam or beam—
but does not include a crane that has 3 or less
powered operations and that is controlled
from a location remote to a permanent cabin
or control station on the crane;
hoist means an appliance intended for raising or
lowering a load or people and includes a
mast climbing work platform, a personnel
and materials hoist, a slip form or jump
form, but does not include a lift;
materials platform hoist means a powered
builder's hoist by which only goods or
materials and not people may be hoisted and
where the car, bucket or platform is
cantilevered from, and travels up and down
externally to, a face of the support structure;
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mechanical loadshifting equipment includes
cranes, hoists, cableways, flying foxes,
winches, blocks and purchases which
incorporate sheaves, jacks and air bags;
non-slewing mobile crane means a powered
mobile crane with a capacity of more than
3 tonnes and which incorporates a boom or
jib that is not capable of being slewed,
including an articulated type mobile crane
and a locomotive crane, but does not include
a crane engaged in vehicle tow truck
operations;
order-picking fork-lift truck means a powered
industrial truck of the type where the
operator's control arrangement is
incorporated with the load carriage or lifting
media, and elevates with it;
personnel and materials hoist means a powered
builder's hoist by which people, goods or
materials may be hoisted, and which
comprises a car, structure, machinery or
other equipment associated with the hoist,
and which may be either a cantilever hoist, a
tower hoist or a multiple winch operation;
portal boom crane means a powered jib or boom
crane mounted on a portal frame that is
supported on runways along which the crane
may travel;
slewing mobile crane means a powered mobile
crane incorporating a boom or jib that is
capable of being slewed, but does not
include a front-end loader, a backhoe, an
excavator or similar equipment when
configured for crane operation;
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tower crane means a powered jib or boom crane
mounted on a tower structure that is
demountable or permanent, and includes
both horizontal and luffing jib types;
vehicle loading crane means a powered slewing
crane mounted on a vehicle for the principal
purpose of loading and unloading the vehicle
and that has a capacity of 10 metre tonnes or
more.
10 Tower crane operation licence
The scope of the work for this licence covers the
operation of tower cranes.
11 Self-erecting tower crane operation licence
The scope of the work for this licence covers the
operation of self-erecting tower cranes.
12 Derrick crane operation licence
The scope of the work for this licence covers the
operation of derrick cranes.
13 Portal boom crane operation licence
The scope of the work for this licence covers the
operation of portal boom cranes.
14 Bridge and gantry crane operation licence
The scope of the work for this licence covers the
operation of bridge and gantry cranes.
15 Vehicle loading crane operation licence
The scope of the work for this licence covers the
operation of vehicle loading cranes.
16 Non-slewing mobile crane operation licence
The scope of the work for this licence covers the
operation of non-slewing mobile cranes.
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17 Slewing mobile crane operation licence (up to
20 tonnes)
The scope of the work for this licence covers the
operation of slewing mobile cranes with a
capacity of 20 tonnes or less.
The scope of the work for this licence includes the
scope of the work for the non-slewing mobile
crane licence and the vehicle loading crane
licence.
18 Slewing mobile crane operation licence (up to
60 tonnes)
The scope of the work for this licence covers the
operation of slewing mobile cranes with a
capacity of 60 tonnes or less.
The scope of the work for this licence includes the
scope of the work for the non-slewing mobile
crane licence and the vehicle loading crane
licence.
19 Slewing mobile crane operation licence (up to
100 tonnes)
The scope of the work for this licence covers the
operation of slewing mobile cranes with a
capacity of 100 tonnes or less.
The scope of the work for this licence includes the
scope of the work for the non-slewing mobile
crane licence and the vehicle loading crane
licence.
20 Slewing mobile crane operation licence (open/over
100 tonnes)
The scope of the work for this licence covers the
operation of slewing mobile cranes with any
capacity.
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The scope of the work for this licence includes the
scope of the work for the non-slewing mobile
crane licence and the vehicle loading crane
licence.
21 Boom-type elevating work platform operation
licence
The scope of the work for this licence covers the
operation of boom-type elevating work platforms.
22 Materials hoist (cantilever platform) operation
licence
The scope of the work for this licence covers the
operation of materials platform hoists.
23 Hoist (personnel and materials) operation licence
The scope of the work for this licence covers the
operation of personnel and materials hoists.
The scope of the work for this licence includes the
scope of the work for the materials hoist
(cantilever platform) licence.
24 Winder operation licence
The scope of the work for this licence covers the
operation of winders for the lowering and raising
of personnel and materials in mines.
25 Concrete placing boom operation licence
The scope of the work for this licence covers the
operation of concrete placing booms.
26 Fork-lift truck operation licence
The scope of the work for this licence covers the
operation of fork-lift trucks.
27 Order-picking fork-lift truck operation licence
The scope of the work for this licence covers the
operation of order-picking fork-lift trucks.
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PART 3—LICENCE CLASSES FOR PRESSURE EQUIPMENT
OPERATION
28 Definitions
In this Part—
boiler means a vessel, or an arrangement of
vessels, and interconnecting parts in which
steam or other vapour is generated, or water
or another liquid is heated at a pressure
above that of the atmosphere by the
application of fire, the products of
combustion or similar means (other than
electrical power), and includes any boiler
setting and directly associated equipment and
all valves, gauges, fittings and controls up to,
and including, the first connection point after
the first valve or valve assembly, but does
not include—
(a) a fully flooded or pressurised system in
which water or other liquid is heated to
a temperature lower than the normal
atmospheric boiling temperature of the
liquid; or
(b) any vessel if the design of the vessel
enables the vessel to operate deprived
of all liquid or vapour that is intended
to be heated, without affecting the
structure or operation of the vessel; or
(c) a direct-fired process heater;
direct-fired process heater means an arrangement
of tubes comprising one or more coils
located in the radiant zone or convection
zone or both of a combustion chamber,
whose prime purpose is to raise the
temperature of a process fluid that is
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circulated through the coils, to allow
distillation or fractionation or reaction or
other petrochemical process of that process
fluid, which may be entirely liquid, entirely
gas or in a phase between liquid and gas;
pressure equipment means a boiler, a turbine or a
reciprocating steam engine;
reciprocating steam engine means any steam
plant where the steam acts on a piston under
pressure where this action of the steam
causes the piston to move, but does not
include an expanding (steam) reciprocating
engine with any piston diameter of
250 millimetres or less;
turbine means any plant where steam acts on a
turbine or rotor to cause a rotary motion, but
does not include steam turbines and
expansion turbines with a power output of
less than 500 kilowatts.
29 Basic boiler operation licence
The scope of the work for this licence covers the
operation of boilers with the following features—
(a) single fixed combustion air supply; and
(b) non-modulating single heat source; and
(c) fixed firing rate.
30 Intermediate boiler operation licence
The scope of the work for this licence covers the
operation of boilers with any or all of the
following features—
(a) modulating combustion air supply;
(b) modulating heat source;
(c) superheaters;
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(d) economisers.
The scope of the work for this licence includes the
scope of the work for the basic boiler operation
licence.
31 Advanced boiler operation licence
The scope of the work for this licence covers the
operation of boilers with the same features as
intermediate boiler operation and with multiple
fuel type which may be fired simultaneously
during normal operation. This does not include
boilers which change fuel type during their start
sequence.
The scope of the work for this licence includes the
scope of the work for the intermediate boiler
operation licence.
32 Turbine operation licence
The scope of the work for this licence covers the
operation of turbines with any or all of the
following features—
(a) attached condensers;
(b) multi-wheeled;
(c) a multi-stage heat extraction process;
(d) a speed of greater than 3600 rpm.
33 Reciprocating steam engine operation licence
The scope of the work for this licence covers the
operation of reciprocating steam engines.
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SCHEDULE 4
HIGH RISK WORK
Regulation 3.6.3
PRESSURE EQUIPMENT FOR WHICH LICENCE IS NOT
REQUIRED
1 Definitions
In this Schedule—
AMBSC Code means Australian Miniature Boiler
Safety Committee Code Parts 1 or 2
published by the Australian Miniature Boiler
Safety Committee;
AS 2593 means Australian Standard AS 2593—
Boilers—Safety management and
supervision systems, sections 1, 2 and 3;
boiler has the same meaning as it has in Part 3 of
Schedule 3.
2 Pressure equipment for which high risk work
licence is not required
2.1 Boilers having not more than 4·6 square metres of
heating surface used in dairying, agriculture,
horticulture, viticulture, apiculture or pastoral
enterprises.
2.2 Boilers that are hot drink dispensers having an
internal volume not larger than 0·014 cubic metres
and having a heat input of not more than
5 kilowatts and a maximum working pressure of
not more than 210 kilopascals.
2.3 Steam locomotive boilers used for public rail
transport.
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2.4 Boilers that are liquid heating units where the
liquid is intended to be heated under a pressure
above atmospheric and to a temperature not
greater than 1 degree below the normal
atmospheric boiling point of the liquid.
2.5 Boilers that satisfy the requirements specified in
AS 2593 as having—
(a) an attendance category of unattended
operation; or
(b) an attendance category of limited attendance
except to the extent that AS 2593 specifies
that certain checks must be undertaken by a
licensed operator.
2.6 Boilers known as small low hazard boilers as
specified in AS 2593.
2.7 Boilers of the Hobby Miniature Locomotive type
manufactured from copper having an internal
volume not larger than 25 litres and a maximum
working pressure not greater than 700 kilopascals
provided that—
(a) during the construction of the locomotive the
boiler has been inspected in the manner
described in the AMBSC Code (appropriate
to the material of construction) by a person
registered with the Australian Miniature
Boiler Safety Committee; and
(b) the locomotive containing the boiler is not in
the charge of a person under the age of
18 years when that locomotive is being
operated in a public place.
2.8 Boilers of the Hobby Miniature Locomotive type
manufactured from steel having an internal
volume not larger than 50 litres and a maximum
working pressure not greater than 700 kilopascals
if—
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(a) during the construction of the locomotive the
boiler has been inspected in the manner
described in the AMBSC Code (appropriate
to the material of construction) by a person
registered with the Australian Miniature
Boiler Safety Committee; and
(b) the locomotive containing the boiler is not
in the charge of a person under the age of
18 years when that locomotive is being
operated in a public place.
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SCHEDULE 5
HAZARDOUS SUBSTANCES
Regulation 4.1.13
SUBSTANCES PROHIBITED FOR SPECIFIED USES
Use of materials containing more than 1% crystalline silica for
abrasive blasting.
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SCHEDULE 6
ASBESTOS
Regulation 4.3.18
CATEGORIES OF ASBESTOS-CONTAINING MATERIAL
CONTAINING CHRYSOTILE ASBESTOS AND THEIR USES
Category 1
Products consisting of a mixture of asbestos and phenol
formaldehyde resin or asbestos and cresylic formaldehyde
resin that are used in—
(a) vanes for rotary vacuum pumps; or
(b) vanes for rotary compressors; or
(c) split face seals of at least 150 millimetres in diameter
used to prevent leakage of water from cooling water
pumps in fossil fuel electricity generating stations.
Category 2
Chrysotile-containing parts and components in relation to
which an exemption under the Occupational Health and
Safety (Commonwealth Employment) (National Standards)
Regulations 1994 of the Commonwealth has been granted to
the Commonwealth Department of Defence or the Australian
Defence Force.
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SCHEDULE 7
ASBESTOS
Regulation 4.3.69
INFORMATION REQUIRED TO BE INCLUDED IN AN
ASBESTOS CONTROL PLAN
1
A record to indicate that the notification requirements have
been met and that required documentation is kept at the
workplace where the asbestos removal work is performed.
2
In relation to asbestos—
(a) its location;
(b) in relation to asbestos-containing material—
(i) whether the asbestos-containing material is
friable or non-friable;
(ii) the type of asbestos-containing material;
(iii) the condition of the asbestos-containing
material;
(iv) the quantity of asbestos-containing material
proposed to be removed.
3
The type of personal protective clothing and personal
protective equipment to be used, including respiratory
protective equipment.
4
Proposed risk control measures to be used to prevent release
of airborne asbestos fibres from the area where the asbestos
removal work is being performed.
5
If the area where the asbestos removal work is being
performed in a negative air enclosure, details regarding—
(a) smoke testing;
(b) negative air units.
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6
Details of decontamination procedures for—
(a) persons performing the asbestos removal work;
(b) tools and equipment used for the asbestos removal
work;
(c) non-disposable personal protective clothing and
personal protective equipment.
7
Method of disposal of—
(a) asbestos waste;
(b) disposable personal protective clothing and personal
protective equipment;
(c) the structure used to enclose the area where the
asbestos removal work is being performed.
8
Administrative controls to be implemented, including—
(a) security;
(b) work practices.
9
Methods of cleaning following asbestos removal work.
10 Names of persons engaged by the licence holder or person
who commissioned the work (as applicable) to conduct
asbestos paraoccupational air monitoring (if any) and to
conduct the clearance inspection.
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SCHEDULE 8
ASBESTOS
Regulations 4.3.97 and 4.3.98
INFORMATION REQUIRED TO BE INCLUDED IN A
NOTIFICATION OF ASBESTOS REMOVAL WORK
1
The name, registered business name, Australian Business
Number, licence number and contact details of the licence
holder.
2
The name of the supervisor who will oversee the asbestos
removal work and the supervisor's contact details.
3
The client name and contact details.
4
The name, including registered business or corporate name,
and address of the workplace and type of workplace where
the asbestos removal work will be performed including the
specific location if it is a large workplace.
5
The date of notification.
6
The commencement date and estimated duration of the
asbestos removal work.
7
Whether the asbestos is friable asbestos-containing material
or non-friable asbestos-containing material.
8
If friable asbestos-containing material is to be removed,
details of the way that the area where the asbestos removal
work is to be performed will be enclosed.
9
The type of asbestos-containing material.
10 The estimated quantity of asbestos to be removed.
11 The number of employees who will perform the asbestos
removal work.
12 Details of training and experience of those individual
employees, if different to the information notified
previously.
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13 The date of any asbestos register or employer's asbestos
register used to prepare the asbestos control plan.
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SCHEDULE 9
MAJOR HAZARD FACILITIES
Regulation 1.1.5
MATERIALS AT MAJOR HAZARD FACILITIES (AND
THEIR THRESHOLD QUANTITY)
1 Definitions
In this Schedule—
class has the same meaning as in the ADG Code;
Packing Group has the same meaning as in the
ADG Code;
2 Relevant materials
The materials that characterise a workplace as a
facility for the purposes of these Regulations are
the materials specifically mentioned in Table 1
and materials that belong to the types, classes and
categories mentioned in Table 2.
3 Threshold quantity of one material
3.1 In relation to each material referred to in clause 2,
the third column of each Table provides a quantity
that is described as the threshold quantity of that
material.
3.2 If a material is mentioned in Table 1, the
threshold quantity of the material is that described
in Table 1, whether or not the material also
belongs to a type, class or category mentioned in
Table 2.
3.3 If a material is not mentioned in Table 1, and the
material belongs to a type, class or category
mentioned in Table 2, the threshold quantity of
that material is that of the type, class or category
to which it belongs.
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3.4 If a material is not mentioned in Table 1, and the
material appears to belong to more than one of the
types, classes or categories mentioned in Table 2,
the threshold quantity of that material is that of the
relevant type, class or category which has the
lower or lowest threshold quantity.
4 Threshold quantity of more than one material
If there is more than one material, a threshold
quantity of materials exists where, if a number of
materials are present, the result of the following
aggregation formula exceeds 1—
qx
+
Qx
qy
Qy
+
....
+
qn
Qn
Where—
• x, y, … and n are the materials present or
likely to be present;
• qx, qy ..... and qn is the quantity of materials
x, y, … and n present or likely to be present,
other than—
(i) material that is present or likely to be
present in an isolated quantity less than
2% of its individual threshold quantity;
(ii) materials that are solely the subject of
intermediate temporary storage, while
in transit by road or rail;
• Qx, Qy ..... Qn is the individual threshold
quantity for each material x, y … and n;
• a material is present or likely to be present in
an "isolated quantity", if its location at the
facility is such that it cannot, on its own, act
as an initiator of a major incident.
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TABLE 1
The UN number listed against the named material is given for information
only. It does not restrict the meaning of the name, which also applies to
materials that fall outside the UN number, for example, because they are too
dangerous to transport or are part of mixtures covered by another
UN number. However, any materials that are covered by the listed
UN numbers must be included in the quantity of the material named.
MATERIAL
UN Nos
INCLUDED
UNDER NAME
ACETONE CYANOHYDRIN
1541
20
ACETYLENE
1001
50
ACROLEIN
1092
200
ACRYLONITRILE
1093
200
ALLYL ALCOHOL
1098
20
ALLYLAMINE
2334
200
AMMONIA, ANHYDROUS,
LIQUEFIED or AMMONIA
SOLUTIONS, relative density less
than 0⋅880 at 15 degrees C in water,
with more than 50% ammonia
1005
200
AMMONIUM NITRATE
FERTILISERS
2067
2068
2069
2070
5000
AMMONIUM NITRATE, with not
more than 0⋅2% combustible
substances, including any organic
substance calculated as carbon, to
the exclusion of any other added
substance
1942
2500
ARSENIC PENTOXIDE,
Arsenic (V) Acid and other salts
1559
10
ARSENIC TRIOXIDE,
Arsenious (III) Acid and other salts
1561
0⋅1
ARSINE
2188
0⋅01
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QUANTITY
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MATERIAL
UN Nos
INCLUDED
UNDER NAME
THRESHOLD
QUANTITY
(tonnes)
BROMINE or BROMINE
SOLUTIONS
1744
100
CARBON DISULFIDE
1131
200
CHLORINE
1017
25
DIOXINS
—
0⋅1
ETHYL NITRATE
—
50
ETHYLENE DIBROMIDE
1605
50
ETHYLENE OXIDE
1040
50
ETHYLENEIMINE
1185
50
FLUORINE
1045
25
FORMALDEHYDE
1198
2209
50
HYDROFLUORIC ACID
SOLUTION (greater than 50%)
1790
50
HYDROGEN
1049
50
HYDROGEN CHLORIDE
— Anhydrous
— Refrigerated Liquid
1050
2186
250
250
HYDROGEN CYANIDE
1051
1614
20
HYDROGEN FLUORIDE
1052
50
HYDROGEN SULFIDE
1053
50
LP GASES
1011
1012
1075
1077
1978
200
METHYL BROMIDE
1062
200
METHANE or NATURAL GAS
1971
1972
200
METHYL ISOCYANATE
2480
0⋅15
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UN Nos
INCLUDED
UNDER NAME
MATERIAL
THRESHOLD
QUANTITY
(tonnes)
OXIDES OF NITROGEN,
including nitrous oxide, nitrogen
dioxide and nitrogen trioxide
1067
1070
1660
1975
2201
2421
50
OXYGEN
1072
1073
2000
PHOSGENE
1076
0⋅75
PROPYLENEIMINE
1921
200
PROPYLENE OXIDE
1280
50
SODIUM CHLORATE, solid
1495
200
SULFURIC ANHYDRIDE
(Alt. SULFUR TRIOXIDE)
1829
75
SULFUR DICHLORIDE
1828
1
SULFUR DIOXIDE, LIQUEFIED
1079
200
TITANIUM TETRACHLORIDE
TOLUENE DIISOCYANATE
500
2078
200
TABLE 2
Note
1
The quantities specified for explosives relate to the weight of explosive
exclusive of packing, casings and non-explosive components.
2
If explosives of different Hazard Divisions are present in the same area
or storage, all of the explosives must be classified in accordance with
the following table—
Div
1.1
1.2
1.3
1.4
1.5
1.1A
1.1A
1.1A
1.1A
1.1A
1.1
1.1
1.1
1.1
1.1
1.1
1.1
1.2
1.1
1.2
1.1
1.2
1.1
1.2
1.3
1.1
1.1
1.3
1.3
1.1
1.3
1.1A
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Div
1.1
1.2
1.3
1.4
1.5
1.6
1.4
1.1
1.2
1.3
1.4
1.5
1.6
1.5
1.1
1.1
1.1
1.5
1.5
1.5
1.6
1.1
1.2
1.3
1.6
1.5
1.6
THRESHOLD
QUANTITY
(tonnes)
MATERIAL
DESCRIPTION
Explosive materials
Explosive of Class 1.1A
10
All other Explosives of
Class 1.1
50
Explosive of Class 1.2
200
Explosive of Class 1.3
200
Compressed or liquefied
gases of Class 2.1 or
Subsidiary Risk 2.1
200
Liquefied gases of Subsidiary
Risk 5
200
Compressed or liquefied
gases that meet the criteria for
Very Toxic in Table 3
20
Compressed or liquefied
gases that meet the criteria for
Toxic in Table 3
200
Liquids that meet the criteria
for Class 3 Packing Group I
Materials (except for crude
oil in remote locations)
200
Crude oil in remote locations
that meet the criteria for
Class 3 Packing Group I
2000
Liquids that meet the criteria
for Class 3 Packing Group II
or III
50000
Compressed and
liquefied gases
Flammable materials
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MATERIAL
Oxidising Materials
Peroxides
Toxic Solids and
liquids
DESCRIPTION
THRESHOLD
QUANTITY
(tonnes)
Liquids with flashpoints
<61°C kept above their
boiling points at ambient
conditions
200
Materials that meet the
criteria for Class 4.1 Packing
Group I
200
Spontaneously combustible
materials that meet the
criteria for Class 4.2 Packing
Group I or II
200
Materials that liberate
flammable gases or react
violently on contact with
water which meet the criteria
for Class 4.3 Packing Group I
or II
200
Materials that belong to
Classes 3 or 8 Packing
Group I or II which have
Hazchem codes of 4WE
(materials that react violently
with water)
500
Oxidising material listed in
Appendix 5 of the ADG Code
50
Oxidising materials that meet
the criteria for Class 5.1
Packing Group I or II
200
Peroxides that are listed in
Appendix 5 to the ADG Code
50
Organic Peroxides that meet
the criteria for Class 5.2
200
Materials that meet the
criteria for Very Toxic in
Table 3 except materials that
are classified as Infectious
Substances (Class 6.2) or as
Radioactive (Class 7);
20
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MATERIAL
DESCRIPTION
Materials that meet the
criteria for Toxic in Table 3
except, in relation to mines,
sodium cyanide
THRESHOLD
QUANTITY
(tonnes)
200
TABLE 3
CRITERIA FOR TOXICITY
Note
These criteria are in accordance with the ADG Code
Description
Oral Toxicity1
LD50 (mg/kg)
Dermal Toxicity2
LD50 (mg/kg)
Inhalation
Toxicity3
LC50 (mg/L)
Very Toxic
LD50<5
LD50<40
LC50<0·5
Toxic
5<LD50<50
40<LD50<200
0·5<LC50<2
1
In rats
2
In rats or rabbits
3
Four hours in rats
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SCHEDULE 10
MAJOR HAZARD FACILITIES
Regulation 5.2.5
ADDITIONAL MATTERS TO BE INCLUDED IN SAFETY
MANAGEMENT SYSTEM
1 Safety policy and safety objectives
1.1 A description of the means by which the
operator's safety policy and specific safety
objectives are to be communicated to all persons
who are to participate in the implementation of the
Safety Management System.
1.2 The safety policy must include an express
commitment to ongoing improvement of all
aspects of the Safety Management System.
2 Organisation and personnel
2.1 The identification (according to position
description and location) of the persons who are to
participate in the implementation of the Safety
Management System, and a description of the
command structure in which these persons work
and of the specific tasks and responsibilities
allocated to them.
2.2 The means of ensuring that these persons have the
knowledge and skills necessary to enable them to
undertake their allocated tasks and discharge their
allocated responsibilities, and that they retain such
knowledge and skills.
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3 Operational controls
3.1 A description of the procedures and instructions
for—
(a) the safe operation of plant (including as to
inspection and maintenance);
(b) the mechanical integrity of plant;
(c) plant processes;
(d) the control of abnormal operations and
emergency shut down or decommissioning.
3.2 Provision of adequate means of achieving
isolation of the major hazard facility or any part of
the major hazard facility in the event of an
emergency.
3.3 Provision of adequate means of gaining access for
servicing and maintenance of the major hazard
facility or any part of the major hazard facility.
3.4 A description of the roles of persons and of the
interfaces between persons and plant.
3.5 Provision for alarm systems.
4 Duties of operators
4.1 In relation to each part of the documented Safety
Management System that describes the means of
compliance with Division 3 of Part 5.2 (Major
Hazard Facilities), an annotation or crossreference identifying the specific provision of that
Division being complied with.
4.2 A description of the means by which the operator
proposes to comply with Division 5 of Part 5.2
(Major Hazard Facilities).
5 Management of change
A description of the procedures for planning
modifications to major hazard facilities.
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6 Principles and standards
6.1 A statement of the principles, especially the
design principles and engineering standards, being
used to ensure the safe operation of the major
hazard facility.
6.2 A description of any technical standards, whether
published or proprietary, being relied on in
relation to such principles and standards.
7 Performance monitoring
7.1 Performance standards for measuring the
effectiveness of the Safety Management System,
which—
(a) relate to all aspects of the Safety
Management System;
(b) are sufficiently detailed to ensure that the
ability of the operator to ensure the
effectiveness of all aspects of the Safety
Management System is apparent from the
documentation;
(c) include steps to be taken to continually
improve all aspects of the Safety
Management System.
7.2 A description of the way in which these
performance standards are to be met.
7.3 Performance indicators for the effectiveness of
risk control measures adopted, including—
(a) tests of the effectiveness of the risk control
measures;
(b) indicators of the failure of any risk control
measure;
(c) actions to be taken in reporting any such
failure;
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(d) other corrective actions to be taken in the
event of any such failure.
8 Audit
Provision for the auditing of performance against
the performance standards, including the methods,
frequency and results of the audit process.
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SCHEDULE 11
MAJOR HAZARD FACILITIES
Regulation 5.2.9
MATTERS TO BE INCLUDED IN EMERGENCY PLAN
1 Site and hazard detail
1.1 The name, location, postal address and nature of
the operations of the major hazard facility.
1.2 A detailed map of—
(a) the site of the major hazard facility;
(b) the area surrounding the site showing details
of residents, the built and natural
environment, closely located major hazard
facilities and all other neighbours whose
health or safety could be adversely affected
by a major incident.
The map should also identify all potentially
hazardous inventories in the area that are known
to the operator and the location of all staging
points for emergency services.
1.3 Inventory of Schedule 9 materials present or likely
to be present at the major hazard facility.
1.4 Minimum and maximum number of employees
expected to be on-site at any one time and their
likely or normal location within the major hazard
facility.
1.5 Infrastructure likely to be affected by a major
incident, including any utilities, road, rail, airport
or shipping infrastructure.
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1.6 Emergency planning assumptions, including
emergency measures planned for identified major
incidents, the area likely to be affected, the likely
duration of events, protection of the local
community, including other nearby facilities, and
the built and natural environment.
1.7 For each major incident hazard and major
incident, a description of the measures taken and
to be taken to control or limit the consequences of
a major incident, including a description of all
protective resources available and all emergency
response procedures.
2 Command structure and site personnel
2.1 The operator's command philosophy and structure
to be activated in case of an emergency, including
relevant positions within the organisational
structure, the duties attached to them and the
names of the persons assigned to them.
2.2 The name, title and telephone number of the
contact person with whom details of the content of
the plan can be clarified.
2.3 The position, location and means of contacting the
persons at the facility who are responsible for
liaising with emergency services and who have
knowledge of the major incident hazards, their
likely consequences and the content of the
emergency plan and, in the case of nominated
persons who are not on-site, a list of 24 hour
emergency contact names and telephone numbers.
2.4 The allocation of personnel and the
responsibilities of those personnel for
implementing the plan including establishing
communication with emergency services and
coordinating the operator's employees and
resources with those of the emergency services.
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2.5 Arrangements for providing assistance to
emergency services with off-site mitigatory
action, and nearby facilities which might require
mutual aid in the event of a major incident.
3 Notifications
3.1 Procedures in place for providing early warning of
a major incident to emergency services, the type
of information to be initially provided, and for
providing more detailed information as it becomes
available.
3.2 On-site and off-site warning systems.
3.3 Contact details for emergency services and other
support services that can assist in procuring
resources, implementing evacuation plans and
securing the major hazard facility in the event of a
major incident.
3.4 Communication systems on-site.
4 Resources
4.1 Emergency resources on-site, for example,
personnel, emergency equipment, gas detectors
and wind velocity detectors.
4.2 Arrangements for obtaining additional external
resources to assist the control and mitigation of
major incident hazards and major incidents.
5 Procedures
5.1 Procedures for the safe evacuation of, and
accounting for, all people on site.
5.2 Control points and procedures for utilities,
including gas, water and electricity.
5.3 Containment procedures for any incident, whether
or not a major incident, involving Schedule 9
materials.
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5.4 Resources and procedures necessary for
decontamination following a major incident.
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SCHEDULE 12
MAJOR HAZARD FACILITIES
Regulations 5.2.15(1)(c) and 8.1.8(7)
ADDITIONAL MATTERS TO BE INCLUDED IN SAFETY
CASE
A
FACILITY DESCRIPTION
1 The facility
1.1 A description of the main activities and products
of the major hazard facility, particularly those
activities associated with Schedule 9 materials.
1.2 A description of the Schedule 9 materials and any
other dangerous goods present or likely to be
present at the facility, including—
(a) their identification by name and by any other
means necessary for a clear identification;
(b) the quantity present or likely to be present at
the major hazard facility;
(c) their physical, chemical and toxicological
characteristics, and any other hazardous
characteristics, both immediate and delayed;
(d) their physical and chemical behaviour under
normal conditions of use or under
foreseeable abnormal conditions.
1.3 A description of the chemical and physical
processes associated with any Schedule 9
materials, including—
(a) the main units of process equipment used in
those processes;
(b) a process flow drawing, or set of flow
drawings, describing the processes.
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1.4 A drawing of the major hazard facility's general
layout, containing the location of—
(a) the main process units; and
(b) the main storage areas; and
(c) major incident hazards and major incident
initiators.
1.5 In relation to proposed changes at the major
hazard facility, for which no new risk control
measures are adopted—
(a) a description of any proposed changes to the
major hazard facility that would—
(i) alter the production capacity or profile
of the major hazard facility; or
(ii) involve the deletion, addition or
modification of any processes; and
(b) a statement as to how existing risk control
measures and Safety Management Systems
are capable of maintaining the safe operation
of the major hazard facility.
2 The surrounding area
2.1 A plan to scale of the facility and its surrounding
area showing—
(a) the location of the facility within the
surrounding area;
(b) topographical information;
(c) surrounding land uses;
(d) the location of any identified external threats
(including other major hazard facilities or
other facilities that could affect the safety of
the major hazard facility).
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2.2 Graphically presented demographic information
for the local community, including surrounding
land uses permitted by the local planning
authority.
2.3 Meteorological data relevant to the estimation of
the effects of any major incident.
B
SAFETY INFORMATION
3 Risk control measures to limit the consequences of
major incidents
3.1 A detailed description of—
(a) the instrumentation and other equipment
installed in the facility and the procedures in
place that constitute the risk control
measures for preventing or limiting the
consequences of major incidents;
(b) the critical operating parameters for those
risk control measures;
(c) key personnel and resources (internal and
external) available to intervene in the event
of any failure of a control measure, whether
or not that failure results in a major incident;
(d) the emergency plan, including specific
information about how these plans can be
expected to limit the consequences of a
major incident;
(e) the means of ensuring that there is at all
times in place a command structure for the
major hazard facility that applies in the event
of an emergency, and that this command
structure has been communicated throughout
the major hazard facility.
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3.2 In item 3.1—
critical operating parameters means the upper or
lower performance limits of any equipment,
process or procedure, compliance with which
is necessary to avoid a major incident;
failure of a control measure means—
(a) if the risk control measure is a positive
action or event, the non-occurrence or
the defective occurrence of that action
or event; or
(b) if the risk control measure consists of a
limitation on an operational activity,
process or procedure, the breach of that
limitation.
4 Performance Monitoring
A detailed description of the performance
standards and performance indicators required by
clause 7 of Schedule 10 to be included in the
documented Safety Management System.
5 Safety Management System
5.1 At all points in the Safety Case where the matter
addressed is covered by the Safety Management
System, a clear reference to the relevant part of
the documented Safety Management System.
5.2 A description of those parts of the documented
Safety Management System that address the
maintenance of the Safety Management System
(that is, its ongoing effective implementation and
its ongoing improvement).
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6 Unauthorised persons and control of access
A detailed description in the Safety Case of how
the operator ensures security of the facility
specifically relating to the precautions taken to
control unauthorised entry of persons and the
means of controlling authorised entry of persons
to the facility.
7 Safety and reliability of plant
A description of the steps taken to ensure that
safety and reliability are incorporated into the
design and construction of all aspects of the major
hazard facility itself, whether the operator is
directly engaged in the design and construction or
has engaged another person to carry out the design
and construction.
8 Major incident history
A summary of the major incidents that have
occurred at the major hazard facility over the
previous 5 years.
__________________
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Sch. 13
SCHEDULE 13
Regulation 7.1.8
ENTRY PERMIT STATEMENT
While this entry permit is in force, Part 8 of the Occupational
Health and Safety Act 2004 entitles the person named in the
permit to enter a workplace during working hours to enquire
into a suspected contravention of that Act or any regulations
made under it. On entry, the person named in this permit may
exercise all of the powers given to an authorised representative
by Part 8 of the Occupational Health and Safety Act 2004,
including powers to inspect any thing at the workplace, to
observe work and to consult with certain employees and the
employer.
The entry permit remains in force for 3 years from the date of
this entry permit unless, before the end of that period, it is
revoked or the person named in the entry permit ceases to be a
permanent employee or officer of the registered employee
organisation named in the entry permit or the organisation
ceases to be a registered employee organisation, whichever
occurs first.
An entry permit which expires or is revoked must be returned to
a registrar or deputy registrar of the Magistrates' Court within
14 days.
Offences relating to authorised representatives
Under the Occupational Health and Safety Act 2004, it is an
offence for the person named on this permit to—
(a) intentionally and unreasonably hinder or obstruct any
employer or employee; or
(b) intentionally intimidate or threaten any employer or
employee; or
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(c) intentionally use or disclose, for a purpose not
reasonably connected with the exercise of a power under
Part 8 of the Occupational Health and Safety Act
2004, information that was acquired from any employer
or employee; or
(d) intentionally exercise or purport to exercise a power
under Part 8 of the Occupational Health and Safety
Act 2004 other than for the purpose of enquiring into a
suspected contravention of that Act or the regulations.
It is also an offence to refuse the person named on this permit
entry to a workplace, or to intentionally hinder, obstruct,
intimidate or threaten that person in the exercise of his or her
powers under Part 8 of the Occupational Health and Safety
Act 2004, or to induce or attempt to induce any other person to
do so.
═══════════════
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Endnotes
ENDNOTES
1. General Information
The Occupational Health and Safety Regulations 2007, S.R. No. 54/2007
were made on 19 June 2007 by the Lieutenant-Governor as the Governor's
Deputy with the advice of the Executive Council under section 158 of the
Occupational Health and Safety Act 2004, No. 107/2004 and section 52 of
the Dangerous Goods Act 1985 No. 10189/1985 and came into operation as
follows:
Regulations 1.1.1–4.4.29, 5.2.1–6.1.8, 6.1.9(a)(b)(ii), 6.1.10–6.2.14,
6.2.22–9.2.4, Schedules 1–13 on 1 July 2007: regulation 1.1.3(1);
regulations 6.2.15–6.2.17, 6.2.19, 6.2.20 on 1 January 2008:
regulation 1.1.3(2); regulations 5.1.1–5.1.27, 6.1.9(b)(i), 6.2.18, 6.2.21 on
1 July 2008: regulation 1.1.3(3).
The Occupational Health and Safety Regulations 2007 will sunset 10 years
after the day of making on 19 June 2017 (see section 5 of the Subordinate
Legislation Act 1994).
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Endnotes
2. Table of Amendments
There are no amendments made to the Occupational Health and Safety
Regulations 2007 by statutory rules, subordinate instruments and Acts.
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Endnotes
3. Explanatory Details
1
Reg. 3.3.1: S.R. No. 68/2006.
2
Reg. 8.1.3: S.R. No. 81/1995 as amended by S.R. Nos 5/1998, 138/1998
and 53/2001.
3
Reg. 8.1.4: S.R. No. 143/1999 as amended by S.R. Nos 143/1999 and
16/2003.
4
Reg. 8.1.6: S.R. No. 16/2003 as amended by S.R. No. 157/2003.
5
Reg. 8.1.8: S.R. No. 50/2000 as amended by S.R. Nos 20/2002, 104/2002
and 105/2004.
6
Reg. 8.1.9: S.R. No. 108/1994 as amended by S.R. Nos 83/1995, 5/1998
and 104/2002.
7
Reg. 9.1.1: S.R. No. 61/2000. Reprint No. 1 as at 16 March 2006.
Reprinted to S.R. No. 96/2005.
8
Reg. 9.2.1: S.R. No. 127/2000 as amended by S.R. No. 96/2005.
9
Reg. 1.1.4 (Sch. 1): S.R. No. 148/1996 as amended by S.R. No. 104/2002.
10
Reg. 1.1.4 (Sch. 1): S.R. No. 5/1998.
11
Reg. 1.1.4 (Sch. 1): S.R. No. 138/1998.
12
Reg. 1.1.4 (Sch. 1): S.R. No. 94/1999.
13
Reg. 1.1.4 (Sch. 1): S.R. No. 84/1999.
14
Reg. 1.1.4 (Sch. 1): S.R. No. 62/2000.
15
Reg. 1.1.4 (Sch. 1): S.R. No. 53/2001.
16
Reg. 1.1.4 (Sch. 1): S.R. No. 20/2002.
17
Reg. 1.1.4 (Sch. 1): S.R. No. 104/2002 as amended by S.R. No. 105/2004.
18
Reg. 1.1.4 (Sch. 1): S.R. No. 121/2003.
19
Reg. 1.1.4 (Sch. 1): S.R. No. 157/2003.
20
Reg. 1.1.4 (Sch. 1): S.R. No. 10/2004.
21
Reg. 1.1.4 (Sch. 1): S.R. No. 105/2004.
22
Reg. 1.1.4 (Sch. 1): S.R. No. 64/2005.
——
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Table of Applied, Adopted or Incorporated Matter Required by the
Subordinate Legislation Regulations 2004
Note that the following table of applied, adopted or incorporated matter is
included in accordance with the requirements of regulation 5 of the Subordinate
Legislation Regulations 2004.
Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 1.1.5,
definitions of
Approved Criteria
for Classifying
Hazardous
Substances,
hazardous substance,
risk phrase and
safety phrase and
regulation 4.1.6(1)(f)
Approved Criteria for
Classifying Hazardous
Substances, 3rd edition,
declared by the National
Occupational Health and
Safety Commission in October
2004.
The whole
Regulation 1.1.5,
definitions of
AS 2030—Gas
Cylinders, gas
cylinder and pressure
vessel, and
Schedule 2, Part 2,
item 2.2
AS 2030.1, The verification,
filling, inspection, testing and
maintenance of cylinders for
storage and transport of
compressed gases, Part 1:
Cylinders for compressed
gases other than acetylene
The whole
Regulation 1.1.5,
definitions of
AS 2030—Gas
Cylinders, gas
cylinder and pressure
vessel, and
Schedule 2, Part 2,
item 2.2
AS 2030.2, The verification,
filling, inspection, testing and
maintenance of cylinders for
storage and transport of
compressed gases, Part 2:
Cylinders for dissolved
acetylene
The whole
514
Occupational Health and Safety Regulations 2007
S.R. No. 54/2007
Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 1.1.5,
definitions of
AS 2030—Gas
Cylinders, gas
cylinder and pressure
vessel and
Schedule 2, Part 2,
item 2.2
AS 2030.4, The verification,
filling, inspection, testing and
maintenance of cylinders for
storage and transport of
compressed gases, Part 4:
Welded cylinders—Insulated
The whole
Regulation 1.1.5,
definitions of boiler,
pressure piping and
pressure vessel
AS/NZS 1200, Pressure
equipment
Appendix E
Regulation 1.1.5,
definitions of boiler,
pressure piping and
pressure vessel
AS 4343, Pressure
equipment—Hazard levels
Section 2
Regulation 1.1.5, the
definition of
competency standard
National Standard for
Licensing Persons Performing
High Risk Work published by
the Australian Safety and
Compensation Council in
April 2006.
The whole
Regulation 1.1.5,
definition of
Construction
Industry Basic
Induction training
course
Foundations for Safety
Construction Industry
Induction Training
Agreement, with a
commencement date of
1 February 2001
The whole
Regulation 1.1.5,
definition of
exposure standard
Adopted National Exposure
Standards for Atmospheric
Contaminants in the
Occupational Environment,
published by National
Occupational Health and
Safety Commission in 1995
The whole
515
Occupational Health and Safety Regulations 2007
S.R. No. 54/2007
Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 1.1.5,
definitions of
hazardous substance,
HSIS, risk phrase
and safety phrase and
regulations
4.1.6(1)(f),
4.1.14(1)(b) and
4.1.14(4)(b)
Hazardous Substances
Information System, published
by the Office of the Australian
Safety and Compensation
Council on its Internet site.
The whole
Regulation 1.1.5,
definition of
Membrane Filter
Method
Guidance Note on the
Membrane Filter Method for
Estimating Airborne Asbestos
Fibres, 2nd Edition, prepared
for the National Occupational
Health and Safety
Commission and published in
April 2005
The whole
Regulation 1.1.5,
definitions of
National Model
Regulations for the
Control of Scheduled
Carcinogenic
Substances,
Schedule 1
carcinogenic
substance and
Schedule 2
carcinogenic
substance
National Model Regulations
for the Control of Scheduled
Carcinogenic Substances,
published by the National
Occupational Health and
Safety Commission in 1995
Schedules 1
and 2
516
Occupational Health and Safety Regulations 2007
S.R. No. 54/2007
Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 1.1.5,
definitions of
National Model
Regulations for the
Control of
Workplace
Hazardous
Substances, Type I
ingredient, Type II
ingredient and
Type III ingredient
and regulations
4.1.13, 4.1.30(1)(a)(i)
National Model Regulations
for the Control of Workplace
Hazardous Substances,
published by the National
Occupational Health and
Safety Commission in 1994
Schedules 1, 2,
3 and 5
Regulation 1.1.5,
definition of
occupational health
and safety auditor
Procedure No. 02, Issue No. 2
dated 14 December 2001,
General Requirements for
Bodies Operating Assessment
and Certification of
Occupational Health and
Safety Management Systems,
published by the Joint
Accreditation System of
Australia and New Zealand
The whole
Regulation 1.1.5,
definition of Rural
Ambulance Victoria
Order in Council made under
section 23 of the Ambulance
Services Act 1986, dated
2 February 1999 and
published in the Victoria
Government Gazette of 4
February 1999, General
Gazette G5, pages 212 to 213
The whole
Regulation
3.3.1(1)(b)(i)
AS 1657—Fixed platforms,
walkways, stairways and
ladders—Design, construction
and installation
The whole
517
Occupational Health and Safety Regulations 2007
S.R. No. 54/2007
Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulations
4.1.10(1)(b) and
4.1.10(3)
Ag Labelling Code of the
Australian Pesticide and
Veterinary Medicines
Authority, 3rd edition
The whole
Regulations
4.1.10(1)(c) and
4.1.10(3)
Vet Labelling Code of the
Australian Pesticide and
Veterinary Medicines
Authority
The whole
Schedule 2, Part 1,
item 1.8 and Part 2,
item 2.7
AS 3533.1—Amusement rides
and devices—Part 1: Design
and construction
The whole
Schedule 2, Part 2,
item 2.2.(b)
AS/NZS 3509, LP Gas fuel
vessels for automotive use
The whole
Schedule 2, Part 2,
item 2.2(c)
AS 2971, Serially produced
pressure vessels
The whole
Schedule 4, item 1,
definition of
AS 2593, items 2.5
and 2.6
AS 2593—Boilers—Safety
management and supervision
systems
Sections 1, 2
and 3
Schedule 4, item 1,
definition of
AMBSC Code and
items 2.7(a) and
2.8(a)
AMBSC Code Part 1, Issue 7,
Copper Boilers, published by
the Australian Miniature
Boiler Safety Committee,
2001
The whole
Schedule 4, item 1,
definition of
AMBSC Code and
items 2.7(a) and
2.8(a)
AMBSC Code Part 2, Issue 4,
Steel Boilers, published by the
Australian Miniature Boiler
Safety Committee, 2
The whole
518
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