QueenslandWorkplace Health
and Safety Act 1995WorkplaceHealthandSafetyRegulation2008Reprinted as in force on 1 July
2011Reprint No. 2JThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOTE—This is the last reprint before
lapseLapsed by 2011 Act No. 18 s 277
Information about this reprintThis
regulation is reprinted as at 1 July 2011. The reprint shows the
law as amended by allamendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes. Also see list of legislation for anyuncommenced
amendments.This page is specific to this reprint. See
previous reprints for information about earlierchanges made under
the Reprints Act 1992. A table of reprints is included in the
endnotes.Also see endnotes for information
about—•when provisions commenced•editorial changes made in earlier
reprints.SpellingThe spelling of
certain words or phrases may be inconsistent in this reprint or
with otherreprints because of changes made in various
editions of the Macquarie Dictionary (forexample, in the
dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of
spellingwill be updated in the next authorised
reprint.Dates shown on reprintsReprints dated at
last amendmentAllreprintsproducedonorafter1July2002,authorised (that is, hard copy) and
unauthorised (that is, electronic), are dated as at the lastdate
of amendment. Previously reprints were dated as at the date of
publication. If anauthorised reprint is dated earlier than an
unauthorised version published before 1 July2002,itmeansthelegislationwasnotfurtheramendedandthereprintdateisthecommencement of the last amendment.If the
date of an authorised reprint is the same as the date shown for an
unauthorisedversion previously published, it merely means
that the unauthorised version was publishedbeforetheauthorisedversion.Also,anyrevisededitionofthepreviouslypublishedunauthorised
version will have the same date as that version.Replacement reprint dateIf the date of an
authorised reprint is the same as the dateshown on another
authorised reprint it means that one is the replacement of the
other.
QueenslandWorkplace Health
and Safety Regulation2008ContentsPart
112345Part 2Division 1678910Division 21112131415Part 3Division 11617PagePreliminaryShort title . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .25Commencement . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .25Definitions—the dictionary . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .25References to standards . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . .25Reference
to the
doing of
work by
relevant person who is anemployer......................................25Registrable plant and registrable
plant designRegistration of registrable plantRegistrable plant not to be used before
registration . . . . . . . . . . .26Registration of registrable plant . . . . .
. . . . . . . . . . . . . . . . . . . . .26Notification
of change
of ownership
of registered
plant .
. . . . . . .26Cessation
of registration of
registered plant . . . . . . . . . . . . . . . . .26Refund of fees because of change of ownership of registrableplant..........................................27Registration of registrable plant
designApplication of div 2 . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .27Plant not to be installed or used unless
certificate ofregistration
is in
force .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27When certificate of
registration is in force . . . . . . . . . . . . . . . . . .29Certificate number to be given . . . . . . .
. . . . . . . . . . . . . . . . . . . .29Certificate number to be marked on plant . .
. . . . . . . . . . . . . . . .30High
risk work and operation of earthmoving equipmentand particular craneDefinitionsMeaning of
assessment instrument . . . . . . . . . . . . . . . . . . . . . .
.31Meaning of unit of competency . . . .
. . . . . . . . . . . . . . . . . . . . . .32
Workplace Health and Safety Regulation
2008ContentsDivision 218192021222324Division 3252627282930Division 4313233343536Division 537Division 6383940Performing high
risk workAuthority to perform high risk work. . . . .
. . . . . . . . . . . . . . . . . . .Work incidental
to high risk work . . . . . . . . . . . . . . . . . . . . . . . .
.Application for licence to perform a class
of high risk work orfor variation of licence. . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .Application for exemption from holding
licence . . . . . . . . . . . . . .Decision on
application for exemption . . . . . . . . . . . . . . . . . . . .
.Licence holder to notify change of address .
. . . . . . . . . . . . . . . .Holder to make
licence issued by recognised official availablefor inspection
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Performing work in an earthmoving or
particular craneoccupationAuthority
to perform
work in
an earthmoving or
particular craneoccupation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Work incidental to
earthmoving or particular
crane operation . . .Application
for earthmoving or
particular crane work certificate. .Application
for exemption
from holding
certificate .
. . . . . . . . . . .Decision on application for exemption
. . . . . . . . . . . . . . . . . . . . .Holder to make certificate
issued by
recognised officialavailable for
inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . .Training in work in an earthmoving or
particular craneoccupation
or high
risk workMeaning
of trainee
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Duties of relevant person who is an employer for training . . . . . .What
training plan
must state
. . . . . . . . . . . . . . . . . . . . . . . . . . . .Supervisor’s duty for training . . . . . . .
. . . . . . . . . . . . . . . . . . . . .Trainee’s duty for training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Supervisor
to sign
entry in
training record . . . . . . . . . . . . . . . . . .Obligation
of relevant
person who
is an
employer if
workeris undergoing
assessment for suitability to perform workSupervision of
worker and record keeping . . . . . . . . . . . . . . . . .
.Other obligationsRelevant person
who is an employer must reasonably believeworker is competent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Holder of certificate
or licence
must reasonably believe
he orshe is competent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Holder
of certificate or
licence must
take reasonableprecautions and
exercise proper diligence
. . . . . . . . . . . . . . . . . .3236373738383839424343444445454748484949515151Page
2
Division 741Division 842434445Part
4Division 1464748Division 24950Part 55152535455Part 6565758Part
7Division 159Workplace Health and Safety Regulation
2008ContentsRevival of
authority formerly conferred by certificate ofcompetency for
work in an occupationRevival of authority . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .Expiry of licences to perform class of high
risk work issuedbefore July 2008 unless holder converts
licence to arenewable licencePre-July 2008 licence to perform a class of high risk work willend
unless converted to a renewable licence. . . . . . . . . . . . . . . .How to convert a pre-July 2008 licence to perform a class ofhigh risk work to a renewable licence.
. . . . . . . . . . . . . . . . . . . . .Decision
on application to
convert to
a renewable
licence .
. . . . .Notice
about ending
of pre-July 2008 licence to perform a classof high risk work to be given to holder . . . . . . . . . . . . . . . . . . . . .Prescribed
activitiesCertificate to
perform prescribed activityCertificate to
perform prescribed activity . . . . . . . . . . . . . . . . . .
.Application for certificate to perform
prescribed activity . . . . . . . .Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Training
and supervision in
prescribed activitiesDuty of relevant person
who is
an employer
for training
inprescribed
activity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .Supervision of performance of prescribed
activity bycompetent
person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Bonded asbestos removal
certificateApplication of
pt 5.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Authority
to perform
work to
remove bonded
asbestoscontaining material
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Application
for bonded
asbestos removal certificate
. . . . . . . . . .Term
of certificate. . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . .Certificate holder to notify change of
address . . . . . . . . . . . . . . .Workplace health
and safety officersWorkplaces
requiring a
workplace health and safetyofficer—Act, s 93. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .Application for certificate of authority of
appointment. . . . . . . . . .Approval of
workplace health and safety officer course . . . . . . . .Accredited providers, registered training
organisations,approvals
and related
mattersAccredited providersApplication for
appointment as an accredited provider. . . . . . . . .52545556575858596060616163636364646566Page 3
Workplace Health and Safety Regulation
2008Contents6061Division 2626364656667Division 36869Division 470717273Division 574757677Part
8Division 178Division 2Subdivision
179Authorised accredited provider to make
record of assessmentand give a copy to applicant . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .Record of
assessment by authorised accredited provider before1
July 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . .Duties, and monitoring, of registered
training organisationsRegistered training organisation’s
duty for assessingcompetency..................................When
registered training organisation
must not
make practicalassessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Registered
training organisation’s
duties before
issuingstatement of attainment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Record
of assessment
by registered
training organisation. .
. . . .Other duties of registered training
organisation . . . . . . . . . . . . . .Monitoring
of registered
training organisation’s
compliance. .
. . .False documentsPerson must not sign false assessment
summary .
. . . . . . . . . . .Making
available document purporting
to be
statement ofattainment......................................Approval of individual to provide training
and assessmentApproval of individual to provide training
and assessment. . . . . .Chief executive to decide application
for training andassessment
approval within 28 days . . . . . . . . . . . . . . . . . . . . . .Grant
of approval
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Notice of refusal of application . . .
. . . . . . . . . . . . . . . . . . . . . . . .Suspension and
cancellation of training and assessmentapprovalGrounds for suspension or
cancellation of approval. . . . . . . . . .Procedure for suspension or
cancellation . . . . . . . . . . . . . . . . . .Immediate suspension of approval. . . . . .
. . . . . . . . . . . . . . . . . .When immediate
suspension has effect until . . . . . . . . . . . . . . . .Certificates
and licencesDefinitionsDefinitions for
pt 8.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Applications
for certificates, licences and variations oflicencesCertificates,
licences and variations of licences generallyHow to apply for
a certificate, other than an earthmoving orparticular crane
work certificate .
. . . . . . . . . . . . . . . . . . . . . . . . .6667686869707071727272737374747576777879Page
4
Workplace Health and Safety Regulation
2008Contents808182838485868788899091929394Subdivision
29596979899Subdivision 3100101102103104105How to apply for an earthmoving or
particular crane workcertificate.......................................Eligibility to obtain particular licence
classes . . . . . . . . . . . . . . . .How to apply for
a licence or variation of a licence to endorseanother class of
high risk work . . . . . . . . . . . . . . . . . . . . . . . . . .
.If applicant for licence or variation of a
licence holds acorresponding
authority to
licence or
licence class
. . . . . . . . . . .How
to apply
for a
variation of
a licence
to remove
a class
ofhigh risk work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Refusal
to grant
licence or
variation for
applicant’s
misconduct .
.Refusal to grant certificate,
licence or
variation—falseassessment
summary .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Refusal to grant earthmoving or
particular crane work certificatefor applicant’s misconduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Refusal
of application for
lack of
competence or
for misconduct .Refusal of applications
for particular certificates .
. . . . . . . . . . . .Chief executive to decide application
within 28
days .
. . . . . . . . .Grant of certificate, licence or
variation of a licence. . . . . . . . . . .Notice of refusal of application .
. . . . . . . . . . . . . . . . . . . . . . . . . .Grant of certificate,
licence or
variation of
licence on
conditions .Term
of licence
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Renewal
of licencesWhen licence may be renewed . . . . . . . . . . . . . . . . . . . . . . . . . .How
to apply
for renewal
of a licence . . . . . . . . . . . . . . . . . . . . . .Renewal
of licences
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Refusal
to renew
licence for
lack of
competence .
. . . . . . . . . . . .Notice of refusal of application
. . . . . . . . . . . . . . . . . . . . . . . . . . .Provisions
about certificates of
registration of registrableplant designApplication of
sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . .Definitions for sdiv 3 . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .Application for
certificate of registration of registrable plantdesign........................................Prohibitions relating
to design
verification statements . . . . . . . . .Chief executive may ask for additional
information forregistration..................................Chief executive may
require information from
certificate holder. .8081838484858586868787888888898989909090919192929394Page 5
Workplace Health and Safety Regulation
2008ContentsSubdivision
4106107108Division 3110111112113Division 4114115Division 5116117118119120121122123124125Division 6126Division 7127128Part 10134135136Page 6Provisions about certificates of
registration of registrableplant that is
mobile crane or tower craneApplication of
sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . .Definitions for sdiv 4 . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .Application for
certificate of registration of a mobile crane ortower crane. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.Renewal of particular
certificatesDefinition for
div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . .Renewal of certificate . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . .Application for
renewal before registration ends. . . . . . . . . . . . . .Div 2 applies to application
for renewal
. . . . . . . . . . . . . . . . . . . .Replacement
and surrender
of certificates and
licencesReplacement of
certificate or licence . . . . . . . . . . . . . . . . . . . . . .Surrender
of certificate or
licence. . . . . . . . . . . . . . . . . . . . . . . .Suspension
and cancellation of
certificates and licencesGrounds for suspension
or cancellation .
. . . . . . . . . . . . . . . . . . .Procedure
for suspension or
cancellation . . . . . . . . . . . . . . . . . .Immediate
suspension of
earthmoving or particular
crane workcertificate, licence or licence class
. . . . . . . . . . . . . . . . . . . . . . . .Further
provision about immediate suspension . . . . . . . . . . . . .
.Suspension or cancellation of earthmoving or
particular cranework certificate, licence or licence class
on recommendationof recognised
official. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.Ending of licence if application for
corresponding authority .
. .
. .Chief executive may
advise recognised official
of particularmatters........................................Requirement
for retraining .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.Certificate or
licence to
be returned
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.Replacement
licence to be issued for remaining licence class . .Obligation of relevant personWay to prevent or minimise
risk prescribed .
. .
. .
. .
. .
. .
. .
. .
. .MiscellaneousGiving information
for administering Act.
. .
. .
. .
. .
. .
. .
. .
. .
. .
.Particular work
encompassed in licence classes . . . . . . . . . . . . .Injuries,
illnesses and dangerous
eventsNotifying of
particular workplace incidents
. .
. .
. .
. .
. .
. .
. .
. .
. .Recording
particular workplace incidents. .
. .
. .
. .
. .
. .
. .
. .
. .
.Scene not to be interfered with.
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .94949596969697979898100102103104105105106106106107107108109111112
Workplace Health and Safety Regulation
2008ContentsPart 11137Part 12138139Part 13Division 1140Division 2141142143Division 3144145Division 4146Part 14Division 1147148Division 2149150Division 3Subdivision 1151152153154155156Access—relevant
person who is an employer doing workthat is not
construction workAccess . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .NoiseWhat is
excessive noise . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . .Preventing risk from exposure to excessive
noise . . . . . . . . . . . .Asbestos management
and removalInterpretationDefinitions for
pt 13.
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.Prohibitions relating to
asbestosProhibited substances and
prohibited ACM . . . . . . . . . . . . . . . . .Performing
work on
ACM .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .Cleaning
ACM .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .On-site management
of ACMApplication of
div 3
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .Compliance
with asbestos management
code. .
. .
. .
. .
. .
. .
. .
.Removing ACMRemoving
ACM .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.Underwater diving
workDefinitions for
part 14Meaning
of underwater diving
work .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .Meaning of construction
diving work
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .All underwater diving
work—medical fitness
to diveRequirements about
certificate of medical fitness to dive . . . . . .Contents
of certificate of
medical fitness to dive . . . . . . . . . . . . .Underwater
diving work
other than
conducting recreationaldiving or
recreational technical divingPreliminaryApplication of
div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . .Meaning of competent person for construction
diving work . . . . .Meaning of competent person for other
underwater diving work .Competent
person for
s 153—holder of ADAS diving certificatefor the diving .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . .Competent person for s 153—holder of
certification underAustralian
Qualifications Framework .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.Competent person
for s
153—holder
of certificate for
AS 4005.2subject areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .113113114115115116116117118118119119121122123124124124124125Page 7
Workplace Health and Safety Regulation
2008Contents157158Subdivision 2159Subdivision 2A159ASubdivision
3160161162163164Subdivision 4165166167168169Subdivision 5170171172173174175176Division 4177Competent person for s 153—person
doing underwater divingwork on no more than 28 days in the
last 6 months . . . . . . . . . . .Competent person
for s 153—person who is not an Australiancitizen or
permanent resident doing underwater diving workfor a relevant
organisation . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .Proof of competency for underwater diving
work other thanconstruction diving workProof of competency .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.Prohibition relating to
competent persons under
section158Prohibition relating to
competent persons under
s 158
. .
. .
. .
. .Risk assessment and
control measure process
at particularstagesProcess
to be
carried out
before work
starts .
. .
. .
. .
. .
. .
. .
. .
.Process to be carried out each time there is a significantchange......................................Work
not to
start or
restart unless diver
has read,
understoodand signed record of process . . . . . . . . . . . . . . . . . . . . . . . . . . . .Record
to be
kept for
each time
process is
carried out
. .
. .
. .
. .Control measure to be in place and monitored and
reviewed .
. .Dive safety logDive
safety log—log must be kept . . . . . . . . . . . . . . . . . . . .
. . . .Dive safety log—required information about
dives .
. .
. .
. .
. .
. .
.Dive safety
log—diver
must sign
log. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.Dive safety
log—further
signing of
log .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .Dive safety log—log to be kept for at least 1 year . . . . . . . . . . . .Provisions
relating only to construction diving
workADAS diving
certificate for the diving is required . . . . . . . . . . . . .Dive supervisor. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.Stand-by diver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Recompression
chamber and
qualified operator . . . . . . . . . . . . .Recompression
chamber not
to be
operated withoutappropriate
qualifications . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . .When using open circuit scuba is prohibited
. . . . . . . . . . . . . . . .Work below 50m
using SSBA supplying compressed airprohibited......................................Conducting
recreational diving or recreational technicaldivingWays
to prevent
or minimise
risks prescribed .
. .
. .
. .
. .
. .
. .
. .Page
8126127129130131132133133134135135136137137137138139140141142143143
Workplace Health and Safety Regulation
2008Part 1 Preliminary[s 1]Workplace Health and Safety Regulation
2008[as amended by all amendments that commenced
on or before 1 July 2011]Part 1Preliminary1Short
titleThisregulationmaybecitedastheWorkplaceHealthandSafety Regulation 2008.2CommencementThis regulation
commences on 1 September 2008.3Definitions—the dictionaryThe
dictionary in schedule 18 defines particular words used inthis
regulation.4References to standardsUnless otherwise stated, a reference in this
regulation to anAustralianStandardortoastandardpublishedjointlybyStandards Australia and Standards New
Zealand is a referenceto the standard as in force at 1
September 2009.5Reference to the doing of work by
relevant person who isan employerA reference in
this regulation to the doing or performing ofworkbyarelevantpersonwhoisanemployeristakentoinclude the doing or performance of the work
by a worker ofthe relevant person.Reprint 2J
effective 1 July 2011Page 25
Workplace Health and Safety Regulation
2008Part 2 Registrable plant and registrable plant
design[s 6]Part 2Registrable plant
andregistrable plant designDivision 1Registration of registrable plant6Registrable plant not to be used
before registrationAn owner of registrable plant must not use
registrable plant,or allow it to be used, unless the plant is
registered.Maximum penalty—20 penalty units.7Registration of registrable
plant(1)Theownerofregistrableplantmayapplytothechiefexecutive under
part 8, division 2, to register registrable plant.(2)Registration is valid—(a)for the initial registration—from the
date stated in thecertificate until 31 January in the
following year; and(b)for the renewal of the
certificate—from 1 February until31 January in
the following year.8Notification of change of ownership of
registered plantAholderofacertificateofregistrationofregisteredplantmust
give the chief executive notice of a change of ownershipoftheplantintheapprovedformwithin28daysofthechange.Maximum
penalty—20 penalty units.9Cessation of
registration of registered plantThe registration
of registered plant is taken to end on the dayownership of the
plant changes if the holder of the certificateofregistrationdoesnotnotifythechiefexecutiveundersection
8.Page 26Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 2 Registrable plant and registrable
plant design[s 10]10Refund of fees because of change of
ownership ofregistrable plant(1)Thissectionappliesifthechiefexecutivereceivesanoticeunder section
8.(2)The chief executive must cancel the
registration and refund totheformerholderofthecertificateofregistrationtheunexpired part of the registration
fee.(3)Therefundistobeworkedoutonaproportionalbasisaccording to the number of whole months from
the end of themonthwhenthechangehappenedto31Januaryinthefollowing
year.Division 2Registration of
registrable plantdesign11Application of div 2This division
does not apply to manually powered plant.12Plant
not to be installed or used unless certificate ofregistration is in force(1)A
relevant person must not install or use plant mentioned inschedule4unlessacertificateofregistrationofregistrableplant design
granted under part 8, division 2 for the design ofthe
plant is in force.Maximum penalty—20 penalty units.(2)A relevant person who is an employer
must not allow a workeroftherelevantpersontoinstalloruseplantmentionedinschedule4unlessacertificateofregistrationofregistrableplant design
granted under part 8, division 2 for the design ofthe
plant is in force.Maximum penalty—20 penalty units.(3)The owner of any of the following
specified high risk plantmust not install or use, or allow
anyone else to install or use,Reprint 2J
effective 1 July 2011Page 27
Workplace Health and Safety Regulation
2008Part 2 Registrable plant and registrable plant
design[s 12]the plant unless
a certificate of registration of registrable plantdesign granted under part 8, division 2 for
the design of theplant is in force—(a)an
escalator;(b)an LP gas cylinder;(c)a lift;(d)a
specified amusement device.Maximum
penalty—20 penalty units.(4)A person does
not commit an offence against subsection (1) or(2)inrelationtoplantmentionedinschedule4oragainstsubsection(3)inrelationtospecifiedhighriskplantmentioned in that subsection if—(a)the person holds a certificate of
registration, approval ornotification of the design of the
relevant plant in forceunder a corresponding law; and(b)the design has not been changed in a
way that requiresnew measures to control risk.Editor’s note—See
the examples in section 13.(5)Thechiefexecutivemaygiveapersonwhoreliesundersubsection (4) on a certificate in force
under a correspondinglaw written notice—(a)requiring the person to give the chief
executive a copy ofthe certificate within 10 days after the day
of the notice;and(b)stating that it
is an offence for the person to fail, withoutreasonable
excuse, to comply with the requirement.(6)Thepersonmustcomplywiththerequirementunlesstheperson has a reasonable excuse.Maximum penalty—10 penalty units.Page
28Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 2 Registrable plant and registrable
plant design[s 13]13When
certificate of registration is in force(1)A
certificate of registration of registrable plant design for
thedesign of plant continues in force until it
stops having effectunder this section.(2)A
certificate of registration of registrable plant design for
thedesign of plant stops having effect if the
design is changed ina way that requires new measures to
control risk.Example of a change in design causing
certificate to stop having effect—A
certificate of registrable plant design is in force for the design
of amobile crane. The crane’s reach is increased
by fitting a longer boom,which increases the risk of the crane
overturning. The certificate stopsbeing in force
because of the change.Exampleofachangeindesignnotcausingcertificatetostophavingeffect—A
certificate of registrable plant design is in force for the design
of a firetube boiler. The boiler’s output is raised
by increasing its firing rate, butthe operating
pressure and temperature of the boiler are unchanged. Thecertificate does not stop being in force
because of the change.Note—A
fresh certificate will be needed if the plant is to be installed
orused after the change.(3)In
this section—certificate of registration of registrable
plant designincludesacertificate,approvalornotificationinforceunderacorresponding law.14Certificate number to be given(1)The holder of a certificate of
registration of registrable plantdesign for the
design of plant must give the certificate numberto—(a)each
manufacturer of plant, manufactured according tothe
design, known to the holder; and(b)eachsupplierofplant,manufacturedaccordingtothedesign, known to
the holder.Maximum penalty—20 penalty units.Reprint 2J effective 1 July 2011Page
29
Workplace Health and Safety Regulation
2008Part 2 Registrable plant and registrable plant
design[s 15](2)The
manufacturer or supplier must give the number to eachperson to whom the manufacturer or supplier
supplies plantmanufactured according to the design.Maximum penalty—20 penalty units.15Certificate number to be marked on
plant(1)A supplier of plant mentioned in
schedule 4 must ensure thatthe number of
the certificate of registration of registrable plantdesign for the design of the plant is
permanently marked onthe plant so as to be clearly
visible.Maximum penalty—20 penalty units.(2)A relevant person who installs or
uses, or a relevant personwhoisanemployerwhoallowsaworkertoinstalloruse,plant mentioned
in schedule 4 must ensure that the number ofthe certificate
of registration of registrable plant design for thedesign of the plant is permanently marked on
the plant so as tobe clearly visible.Maximum
penalty—20 penalty units.(3)Subsection (2)
does not apply to the following specified highrisk
plant—(a)an escalator;(b)an
LP gas cylinder;(c)a lift;(d)a
specified amusement device.(4)Theownerofspecifiedhighriskplantmentionedinsubsection (3) must ensure that the number
of the certificateof registration of registrable plant design
for the design of theplant is permanently marked on the
plant so as to be clearlyvisible.Maximum
penalty—20 penalty units.(5)In this
section—Page 30Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 16]certificate of registration of registrable
plant designincludesacertificate,approvalornotificationinforceunderacorresponding law.Part 3High
risk work and operation ofearthmoving equipment andparticular craneDivision 1Definitions16Meaning ofassessment
instrument(1)Assessment instrument,
for a unit of competency for a classof high risk
work, means—(a)before 1 July 2011—(i)the instrument for the unit of
competency, issuedby the chief executive, that relates to what
is to beassessedfortheunitofcompetency,howtheassessment must be conducted and
recording of theassessment results; or(ii)thenationallyapprovedassessmentinstrumentunder the
national standard; or(b)on or after 1
July 2011—(i)thenationallyapprovedassessmentinstrumentunder the
national standard; or(ii)ifthereisnonationallyapprovedassessmentinstrumentunderthenationalstandard—theinstrument for
the unit of competency mentionedin paragraph
(a)(i).(2)Assessmentinstrument,foraunitofcompetencyforanearthmovingorparticularcraneoccupation,meansaninstrumentfortheunitofcompetency,issuedbythechiefReprint 2J effective 1 July 2011Page
31
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 17]executive, that relates to what is to be
assessed for the unit ofcompetency,howtheassessmentmustbeconductedandrecording of the assessment results.17Meaning ofunit of
competency(1)Unit of competency, for a class of
high risk work, means—(a)before 1 July
2011—(i)the unit of competency stated in
schedule 5 for theclass of high risk work; or(ii)theunitofcompetency,underthenationalstandard, that
is stated in schedule 5A for the classof high risk
work; or(b)on or after 1 July 2011—(i)theunitofcompetency,underthenationalstandard, that
is stated in schedule 5A for the classof high risk
work; or(ii)if no unit of
competency is stated in schedule 5Afortheclassofhighriskwork,theunitofcompetencystatedinschedule5fortheclassofhigh risk work.(2)Unitofcompetency,foranearthmovingorparticularcraneoccupation, means the unit of competency
stated in schedule 6for the occupation.Division 2Performing high
risk work18Authority to perform high risk
work(1)Arelevantpersonwhoisanemployermustnotemployorotherwise allow a worker to perform high
risk work unless theworkerhasappropriateauthoritytoperformthehighriskwork.Maximum
penalty—40 penalty units.Page 32Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 18](2)A person must not perform high risk
work unless the personhas appropriate authority to perform
the high risk work.Maximum penalty—40 penalty units.(3)A person has appropriate authority to
perform high risk workfor the class of high risk work that
includes the high risk workif—(a)the person holds a licence to perform
the class of highrisk work; or(b)thepersonholdsalicence,issuedbyarecognisedofficial,
authorising the performance of a class of workthat is the same
or substantially the same as the class ofhigh risk work;
or(c)the person is a trainee in the high
risk work; or(d)each of the following apply—(i)thepersonisaworkerwhoisundergoinganassessment, conducted by the worker’s
employer,todecidetheworker’ssuitabilitytoperformthehigh
risk work;(ii)theassessmenthaslastedfornotmorethan1month;(iii)the
person is being directly supervised during theassessmentbysomeonewhoholdsalicencetoperform the class of high risk work that
includesthe high risk work;(iv)the
date on which the assessment started and thedate on which
the assessment is expected to end isdocumented by
the employer; or(e)thepersonholdsanassessmentsummaryundersubsection (5)
for the unit of competency for the class ofhigh risk work,
that was issued within 14 days beforethe day on which
the work is to be performed; or(f)the
person holds a statement of attainment for the unit ofcompetencyfortheclassofhighriskwork,thatwasReprint 2J effective 1 July 2011Page
33
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 18]issued within 60 days before the day on
which the workis to be performed; or(g)the
person has applied under section 20 for a licence, ora
variation of a licence, to perform the class of high riskwork, and has not received from the chief
executive—(i)the licence or the grant of the
variation; or(ii)notice of
refusal for the application.(4)However, high risk work may be performed
only by a personwho is at least 18 years, unless—(a)the person is a trainee; or(b)the person is a worker mentioned in
subsection (3)(d)(i).(5)An assessment
summary for a person named in the summarymust—(a)be issued by a registered training
organisation; and(b)state the person who performed the
assessment and besigned by that person; and(c)state,fortheunitofcompetencytowhichtheassessment summary relates, that the person
named inthe summary—(i)has
a competent assessment result in the followingassessments—(A)written assessment;(B)practical assessment;(C)ifanassignmentisrequiredtobeassessedunder the
assessment instrument for the unitofcompetency,andwasassessed—assignment assessment;
and(ii)demonstratedtheappropriateunderpinningknowledge;
and(d)be issued only if—(i)thepersonwhoperformedtheassessmentisnominatedbytheregisteredtrainingorganisationPage 34Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 18]to
provide training and assessment services for theregistered training organisation; and(ii)theregisteredtrainingorganisation’sscopeofregistrationundertheVocationalEducation,TrainingandEmploymentAct2000coverstheassessmentandtrainingtowhichtheassessmentrelates;
and(iii)foranassessmentsummaryissuedonorafter1January 2009—the individualwhoperformedtheassessment—(A)holds a training and assessment approval
inrelation to the unit of competency;
or(B)has complied with any criteria that
must becomplied with, under a corresponding law,
toenable the individual to provide training
andassessment for the unit of competency for
apurposethatisthesameasorsimilartoapurpose of this
part.(6)Subsection (1) does not apply to a
worker, and subsection (2)does not apply to a person, if the
worker or person holds anexemption under section 22 in relation
to performing the highrisk work.(7)Subsection (1) does not apply to a worker,
and subsection (2)does not apply to a person, in relation to
high risk work that isthe operation of a bridge and gantry
crane by the worker orperson, to the extent that the worker
or person has authority toperformtheworkunderanearthmovingorparticularcranework
certificate.(8)Subsection (1) does not apply to a
worker, and subsection (2)does not apply to a person, in
relation to high risk work that isthe work of a
dogger if—(a)the worker or person holds the licence
class operator ofa vehicle loading crane and—(i)the load being lifted is lifted from
the ground ontothe vehicle on which the crane is mounted,
or fromthe vehicle onto the ground; andReprint 2J effective 1 July 2011Page
35
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 19](ii)the load being
lifted is lifted within the view of theworker or
person; or(b)the worker or person holds an
earthmoving or particularcrane work certificate for the
occupation operator of abridge and gantry crane in the
circumstances mentionedin schedule 6, section 1(1)(a) and
(b), and the load beinglifted is lifted within the view of
the worker or person.19Work incidental
to high risk work(1)This section applies to—(a)a person—(i)whose work is primarily—(A)the
maintenance, servicing or repair of plant;orExample—a
person who repairs the boom of a crane if theperson does not
lift a load with the crane(B)the
demonstration of plant for sale; and(ii)who
performs work not involving use of the plantfor the purpose
for which it was designed; and(b)a
person—(i)whoseworkisprimarilythemaintenance,servicing or
repair of plant; andExample—a
person who, when repairing a pump, needs to lift thepump
if it weighs no more than 1t(ii)who
performs rigging work not involving lifting aload of more
than 1t.(2)The person is taken not to be
performing high risk work.Page 36Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 20]20Application for licence to perform a
class of high riskwork or for variation of licenceApersonmayapplytothechiefexecutive,underpart8,division 2, for—(a)a
licence to perform a class of high risk work; or(b)a variation of a licence to perform a
class of high riskwork.21Application for exemption from holding
licence(1)A relevant person who is an employer
may apply to the chiefexecutive for an exemption from
holding a licence to performa class of high
risk work for a worker of the relevant person.(2)A
self-employed person may apply to the chief executive foranexemptionfromholdingalicencetoperformaclassofhigh
risk work.(3)An application under subsection (1) or
(2) must be made inthe approved form and state—(a)the reasons for making the
application; and(b)the alternative measures to be used to
ensure the highriskworkforwhichtheexemptionissoughtisperformed safely.(4)Thechiefexecutivemaygranttheexemptionifthechiefexecutive is
satisfied—(a)theapplicantproposestouseparticularalternativemeasures to
ensure the work is performed safely; and(b)thealternativemeasureswillensuretheworkisperformed safely.(5)The
chief executive may require an applicant under subsection(1)
or (2) to give the chief executive any further informationthechiefexecutivereasonablyrequirestodecidetheapplication.Reprint 2J
effective 1 July 2011Page 37
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 22](6)Arequirementundersubsection(5)maystateareasonableperiod,ofatleast28days,bywhichthestatedfurtherinformation must be given to the chief
executive.(7)Ifanexemptionisgranted,thechiefexecutivemayplacerestrictions on
the performance of high risk work in the classof high risk
work.22Decision on application for
exemption(1)Ifthechiefexecutivedecidestograntanexemptionundersection 21, the chief executive must issue
the exemption to theapplicant.(2)If
the chief executive decides to refuse an application undersection 21, the chief executive must give
written notice to theapplicant about the decision within 10
days after making thedecision.(3)The
notice must state—(a)the reasons for the refusal;
and(b)thatthepersonmayappealagainstthedecisionunderpart
11 of the Act.23Licence holder to notify change of
addressThe holder of a licence to perform a class
of high risk workmustnotifythechiefexecutiveofachangeofthelicenceholder’s residential or postal address
within 14 days after thechange.Maximum
penalty—10 penalty units.24Holder to make
licence issued by recognised officialavailable for
inspection(1)Thissectionappliestoalicenceissuedbyarecognisedofficialthathasbeenoristobereliedontoauthorisetheperformance of high risk work.Page
38Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 25](2)To enforce compliance with the Act,
the chief executive mayrequire the holder of the licence to
make the licence availablefor inspection by the chief executive,
or produce it to the chiefexecutive for inspection, at a
reasonable time and place statedby the chief
executive.(3)To enforce compliance with the Act, an
inspector may requirethe holder to make the licence
available for inspection by aninspector,orproduceittoaninspectorforinspection,atareasonable time and place stated by
the inspector.(4)The holder must comply with a
requirement under subsection(2) or (3),
unless the holder has a reasonable excuse for notcomplying.Maximum
penalty—10 penalty units.(5)If the holder is
an individual, it is a reasonable excuse for theholder not to comply with the requirement
under subsection(2)or(3)ifcomplyingwiththerequirementmighttendtoincriminate the holder.Division 3Performing work in an earthmovingor
particular crane occupation25Authority to
perform work in an earthmoving or particularcrane
occupation(1)Arelevantpersonwhoisanemployermustnotemployorotherwise allow a worker to perform work in
an earthmovingorparticularcraneoccupationunlesstheworkerhasappropriate authority to perform work in the
earthmoving orparticular crane occupation.Maximum penalty—40 penalty units.(2)Apersonmustnotperformworkinanearthmovingorparticular crane occupation unless the
person has appropriateauthoritytoperformworkintheearthmovingorparticularcrane
occupation.Maximum penalty—40 penalty units.Reprint 2J effective 1 July 2011Page
39
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 25](3)Apersonhasappropriateauthoritytoperformworkinanearthmoving or
particular crane occupation if—(a)thepersonholdsanearthmovingorparticularcranework
certificate for the occupation; or(b)the
person is a trainee in the occupation; or(c)each
of the following apply—(i)thepersonisaworkerwhoisundergoinganassessment, conducted by the worker’s
employer,to decide the workers’s suitability to
perform thework;(ii)theassessmenthaslastedfornotmorethan2weeks;(iii)the
person is being directly supervised during theassessment by
someone who holds a certificate towork in the
occupation;(iv)the date on
which the assessment started and thedate on which
the assessment is expected to end isdocumented by
the employer; or(d)thepersonholdsanassessmentsummaryundersubsection(4)fortheunitofcompetencyfortheoccupation,thatwasissuedwithin14daysbeforetheday on which the work is to be
performed; or(e)the person holds a statement of
attainment for the unit ofcompetency, that was issued within 60
days before thework is to be performed; or(f)thepersonhasappliedundersection27foranearthmoving or
particular crane work certificate for theoccupation,andhasnotreceivedfromthechiefexecutive—(i)the
certificate; or(ii)notice of
refusal for the application; or(g)thepersonholdsacertificate,issuedbyarecognisedofficial,authorisingworkinanoccupationthatisthesame or
substantially the same as the occupation; orPage 40Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 25](h)the person holds evidence of
competency that—(i)is attained in another State;
and(ii)complieswithformer
NOHSCdocumententitled‘National Guidelines for Occupational Health
andSafety Competency Standards for the
Operation ofLoadshiftingEquipmentandOtherTypesofSpecified Equipment [NOHSC:7019
(1992)]’.(4)An assessment summary for a person
named in the summarymust—(a)be
issued by a registered training organisation; and(b)state the person who performed the
assessment and besigned by that person; and(c)state,fortheunitofcompetencytowhichtheassessment summary relates, that the person
named inthe summary—(i)has
a competent assessment result in the followingassessments—(A)written assessment;(B)practical assessment;(C)ifanassignmentisrequiredtobeassessedunder the
assessment instrument for the unitofcompetency,andwasassessed—assignment assessment;
and(ii)demonstratedtheappropriateunderpinningknowledge;
and(d)be issued only if—(i)thepersonwhoperformedtheassessmentisnominatedbytheregisteredtrainingorganisationto provide
training and assessment services for theregistered
training organisation; and(ii)theregisteredtrainingorganisation’sscopeofregistrationundertheVocationalEducation,TrainingandEmploymentAct2000coverstheReprint 2J effective 1 July 2011Page
41
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 26]assessmentandtrainingtowhichtheassessmentrelates;
and(iii)foranassessmentsummaryissuedonorafter1January 2009—the individualwhoperformedtheassessment—(A)holds a training and assessment approval
inrelation to the unit of competency;
or(B)has complied with any criteria that
must becomplied with, under a corresponding law,
toenable the individual to provide training
andassessment for the unit of competency for
apurposethatisthesameasorsimilartoapurpose of this
part.(5)Subsection (1) does not apply to a
worker, and subsection (2)does not apply to a person, if the
worker or person holds anexemption under section 29 in relation
to performing work inthe earthmoving or particular crane
occupation.(6)Subsection (1) does not apply to a
worker, and subsection (2)doesnotapplytoaperson,inrelationtoworkthatistheoperation of a
bridge and gantry crane in the circumstancesmentioned in
schedule 6, section 1(1)(a) and (b), if the workeror
person has authority to perform the work under a licence toperform a class of high risk work.26Work incidental to earthmoving or
particular craneoperation(1)This
section applies to a person—(a)whose work is primarily—(i)the
maintenance, servicing or repair of plant; or(ii)the
demonstration of plant for sale; and(b)who
performs work not involving use of the plant for thepurpose for which it was designed.(2)Thepersonistakennottobeperformingworkinanearthmoving or
particular crane occupation.Page 42Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 27]27Application for earthmoving or
particular crane workcertificateApersonmayapplytothechiefexecutive,underpart8,division2,foranearthmovingorparticularcraneworkcertificate.28Application for exemption from holding
certificate(1)A relevant person who is an employer
may apply to the chiefexecutive for an exemption from
holding an earthmoving orparticular crane work certificate for
a worker of the relevantperson.(2)A
self-employed person may apply to the chief executive foran
exemption from holding an earthmoving or particular cranework
certificate.(3)An application under subsection (1) or
(2) must be made inthe approved form and state—(a)the reasons for making the
application; and(b)the alternative measures to be used to
ensure work in theearthmovingorparticularcraneoccupationforwhichthe exemption is
sought is performed safely.(4)Thechiefexecutivemaygranttheexemptionifthechiefexecutive is
satisfied—(a)theapplicantproposestouseparticularalternativemeasures to
ensure the work is performed safely; and(b)thealternativemeasureswillensuretheworkisperformed safely.(5)The
chief executive may require an applicant under subsection(1)
or (2) to give the chief executive any further informationthechiefexecutivereasonablyrequirestodecidetheapplication.(6)Arequirementundersubsection(5)maystateareasonableperiod,ofatleast28days,bywhichthestatedfurtherinformation must be given to the chief
executive.Reprint 2J effective 1 July 2011Page
43
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 29](7)Ifanexemptionisgranted,thechiefexecutivemayplacerestrictionsontheperformanceoftheworkintheearthmoving or particular crane
occupation.29Decision on application for
exemption(1)Ifthechiefexecutivedecidestograntanexemptionundersection 28, the chief executive must issue
the exemption to theapplicant.(2)If
the chief executive decides to refuse an application undersection 28, the chief executive must give
written notice to theapplicant about the decision within 10
days after making thedecision.(3)The
notice must state—(a)the reasons for the refusal;
and(b)thatthepersonmayappealagainstthedecisionunderpart
11 of the Act.30Holder to make certificate issued by
recognised officialavailable for inspection(1)Thissectionappliestoacertificateissuedbyarecognisedofficialthathasbeenoristobereliedontoauthorisetheperformanceofworkinanearthmovingorparticularcraneoccupation.(2)To
enforce compliance with the Act, the chief executive mayrequiretheholderofthecertificatetomakethecertificateavailable for
inspection by the chief executive, or produce it tothechiefexecutiveforinspection,atareasonabletimeandplace stated by the chief
executive.(3)To enforce compliance with the Act, an
inspector may requirethe holder to make the certificate
available for inspection byan inspector, or
produce it to an inspector for inspection, at areasonable time
and place stated by the inspector.Page 44Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 31](4)The holder must comply with a
requirement under subsection(2) or (3),
unless the holder has a reasonable excuse for notcomplying.Maximum
penalty—10 penalty units.(5)If the holder is
an individual, it is a reasonable excuse for theholder not to comply with the requirement
under subsection(2)or(3)ifcomplyingwiththerequirementmighttendtoincriminate the holder.Division 4Training in work in an earthmovingor
particular crane occupation orhigh risk
work31Meaning oftraineeA
person is atraineeif—(a)thepersonisreceivingformaltrainingandinformallearninginanearthmovingorparticularcraneoccupation, or in high risk work, under a
training planunder section 33; and(b)the
person is being supervised during the formal trainingor
informal learning by someone who—(i)ifthetrainingisinanearthmovingorparticularcraneoccupation—holdsacertificatetoworkinthe
occupation; or(ii)if the training
is in high risk work—holds a licenceto perform the
class of high risk work that includesthe high risk
work; and(c)the person’s employer keeps an
up-to-date record of theformal training or informal
learning.32Duties of relevant person who is an
employer for training(1)Arelevantpersonwhoistheemployerofatraineemustensure the trainee—Reprint 2J
effective 1 July 2011Page 45
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 32](a)is being trained to achieve the
standard set for the unit ofcompetencyfortheearthmovingorparticularcraneoccupation,orclassofhighriskwork,inwhichthetrainee is being trained; and(b)isbeingsupervisedbyapersonwhosupervisesthetraineeasrequiredundersection34whenthetraineeperforms work in
the occupation or performs high riskwork; and(c)keeps the training record mentioned in
section 35.Maximum penalty—20 penalty units.(2)Therelevantpersonmustkeepawrittenrecordofthefollowinginrelationtothetrainee’straininggivenbytherelevant person—(a)the
formal training given to the trainee and the date onwhich it was given;(b)the
informal learning given to the trainee, including—(i)the scope of work performed by the
trainee that isworkinanearthmovingorparticularcraneoccupation or high risk work; and(ii)the date on
which the work was performed; and(iii)thetypeofplantusedoroperatedfortheperformance of the work, and the
serial number ofthe plant; and(iv)thenameofthetrainee’ssupervisorduringtheinformallearning,andthenumberoftheearthmoving or
particular crane work certificate, orthelicencetoperformaclassofhighriskwork,underwhichworktosupervisethetraineewasperformed;(c)thelicensee’sprogressintheformaltrainingandinformal learning, that is kept up to
date;(d)theextentoftheinformallearningthattherelevantpersonhasdecidedisnecessaryforthetraineetoreceive, and the reasons for that
decision;Page 46Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 33](e)the name of the person who decided the
level of formaltrainingandinformallearning,andthelevelofsupervisionofthetraineerequiredduringthetrainingandlearning,andtheexperienceofthepersonthatisrelevant to making the
decisions.Maximum penalty—20 penalty units.(3)For workplace experience in the use or
operation of plant tobe treated as informal learning for a
trainee, the trainee musthave already received formal training
in the use or operationof that plant.33What
training plan must stateFor section 31(a), a training plan for
the formal training of,andinformallearningby,atrainee(bothofwhicharethetraining) must state the
following—(a)the trainee’s name and address;(b)the employer’s name and
address;(c)the unit of competency for the
earthmoving or particularcraneoccupation,ortheclassofhighriskworkthatincludes the high risk work, in which the
trainee is to betrained;(d)thescopeofthetraining,includingthetopicstobecovered;(e)the
nominal hours for the training;(f)the
day the training is to start;(g)the
day the training is to end;(h)the
primary training locations;(i)the
plant to be used or operated by the trainee for thetraining;(j)thecertificateorlicencethatmustbeheldbythesupervisor as mentioned in section
31(b);(k)the name of the person who is the
employer’s contact inrelation to the plan;Reprint 2J effective 1 July 2011Page
47
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 34](l)the arrangements for monitoring the
training;(m)the arrangements for assessing the
training;Example for paragraph (m)—Atrainingplanmayprovidethataregisteredtrainingorganisation is
to be engaged to—(a)evaluate the
evidence of the training undertaken by thetrainee;
and(b)assessthetrainee’scompetenceintherelevantcompetency.(n)thewaythetrainingmustberecorded,including,forexample, by keeping a training record as
required undersection 32(2) or 35.34Supervisor’s duty for trainingThetrainee’ssupervisormustdirectlysupervisethetraineewhenthetraineeperformshighriskworkorworkinanearthmoving or particular crane
occupation unless—(a)thenatureorcircumstancesofaparticulartaskmakedirect
supervision impracticable or unnecessary; and(b)supervision is reduced only to a reasonable
level havingregardtothetrainee’scompetenceinperformingthetask; and(c)the
reduced level of supervision will not place the healthor
safety of the trainee or someone else at risk.Maximum
penalty—20 penalty units.35Trainee’s duty
for trainingThe trainee must keep a written training
record that identifiesthe trainee and includes the
following—(a)the scope of work performed by the
trainee that is highrisk work or work in an earthmoving or
particular craneoccupation;(b)the
date on which the work was performed;Page 48Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 36](c)the type of plant used or operated for
the performance ofthe work;(d)the
date the training was completed;(e)the
name of the supervisor who supervised the training;(f)thenumberofthelicenceorcertificateheldbythesupervisor—(i)to
perform work in the class of high risk work thatincludes the high risk work; or(ii)toworkintheearthmovingorparticularcraneoccupation.Maximum
penalty—20 penalty units.36Supervisor to
sign entry in training recordThetrainee’ssupervisormustsignanentryinthetrainee’straining record
if—(a)the supervisor supervised the training
to which the entryrelates; and(b)the
supervisor is satisfied the entry is correct.Maximum
penalty—20 penalty units.Division 5Obligation of
relevant person who isan employer if worker is
undergoingassessment for suitability toperform work37Supervision of worker and record
keeping(1)Thissectionappliesifarelevantpersonemploysaworkerwho is
undergoing an assessment, conducted by the relevantperson, to decide the worker’s suitability
to perform work inanearthmovingorparticularcraneoccupation,orhighriskwork.Reprint 2J
effective 1 July 2011Page 49
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 37](2)The relevant person must ensure the
worker is being directlysupervised during the assessment by
someone who holds—(a)iftheworkisinanearthmovingorparticularcraneoccupation—anearthmovingorparticularcraneworkcertificate for
the occupation; or(b)if the work is high risk work—a
licence to perform theclass of high risk work that includes
the high risk work.Maximum penalty—20 penalty units.(3)The relevant person must make a
written record that states thefollowing—(a)the
worker’s name and address;(b)the employer’s
name and address;(c)the unit of competency for the
earthmoving or particularcraneoccupation,ortheclassofhighriskworkthatincludes the high risk work;(d)the day the assessment is to
start;(e)the day the assessment is to
end;(f)the plant to be used or operated by
the worker for theassessment;(g)the
earthmoving or particular crane work certificate, orlicencetoperformaclassofhighriskwork,underwhichworktodirectlysupervisetheworkerwasperformed;(h)theworker’sprogressintheworktowhichtheassessment relates, that is kept up to
date.Maximum penalty—20 penalty units.(4)The relevant person must keep the
record for at least 5 yearsafter the day
the assessment ends.Maximum penalty—20 penalty
units.Page 50Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 38]Division 6Other
obligations38Relevant person who is an employer
must reasonablybelieve worker is competent(1)This section applies to a relevant
person who is an employerof a worker who holds—(a)an earthmoving or particular crane
work certificate; or(b)a licence to
perform a class of high risk work.(2)Therelevantpersonmustnotallowtheworkertoperformwork under the
certificate or licence that involves the use oroperationofplantunlesstherelevantpersonreasonablybelieves the
worker is competent to use or operate the plant.Maximum penalty—40 penalty units.39Holder of certificate or licence must
reasonably believehe or she is competent(1)This
section applies to the holder of—(a)an
earthmoving or particular crane work certificate; or(b)a licence to perform a class of high
risk work.(2)Theholdermustnotperformworkunderthecertificateorlicence, that involves the use or operation
of plant unless theholder reasonably believes that he or she is
competent to useor operate the plant.Maximum
penalty—40 penalty units.40Holder of
certificate or licence must take reasonableprecautions and
exercise proper diligence(1)This section
applies to the holder of—(a)an earthmoving
or particular crane work certificate; or(b)a
licence to perform a class of high risk work.Reprint 2J
effective 1 July 2011Page 51
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 41](2)Theholdermusttakereasonableprecautionsandexerciseproper diligence
in performing the work in relation to whichthe certificate
or licence was granted.Maximum penalty—40 penalty
units.Division 7Revival of
authority formerlyconferred by certificate ofcompetency for work in anoccupation41Revival of authority(1)Thissectionappliesifapersonheldanyofthefollowingcertificates and
the certificate ended at midnight on 30 June2008 under
section 29(2) of the repealed regulation as in forceon 1
July 2007—(a)a certificate of competency to work
in, or in part of, anoccupationprescribedundertherepealedWorkplaceHealth and Safety Act 1989and
granted under that Actbefore 1 March 1992;(b)acertificateofcompetencyforanoccupationissuedundertherepealedConstructionSafetyAct1971,including a certificate of competency that
was formerlyalicenceforanoccupationissuedundertherepealedInspection of
Scaffolding Act 1915;(c)a
certificate of competency authorising a person to takecharge of particular machinery issued under
the repealedInspection of Machinery Act 1951.Editor’s note—Section 29 (Pre-March 1992 certificate of
competency for work in anoccupation will end on 30 June 2008
unless holder gives notice)(2)The
person may give notice, in a way mentioned in subsection(3),
to the chief executive by midnight on 30 June 2009 of thefollowing—Page 52Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 41](a)thatthepersonwantstorevivetheauthoritythatwasconferred by the certificate;(b)the certificate number;(c)the person’s residential and postal
address and date ofbirth.(3)The
notice may be given by post, telephone, fax, internet or atan
office of the department.(4)Ifapersongivesnoticeundersubsection(2)andthecertificate that
was held—(a)relatedtoworkthatcorrespondsorsubstantiallycorrespondstotheworktowhichanearthmovingorparticular crane occupation relates—the
person is takentoholdanearthmovingorparticularcraneworkcertificate for
the occupation; or(b)related to work that corresponds less
than substantiallyto the work to which an earthmoving or
particular craneoccupationrelates—thepersonistakentoholdanearthmoving or particular crane work
certificate that islimited in scope to the scope of the
certificate that washeld.Example of work
that corresponds less thansubstantially totheworktowhichanearthmovingorparticularcraneoccupationrelates—Theoperationofabackhoeonlyinaparticularmodecorrespondslessthansubstantiallywiththeearthmovingorparticularcraneoccupationoperatorofafront-endloaderorbackhoe having an engine capacity of more
than 2L.(5)The person is taken to hold an
earthmoving or particular cranework certificate
under subsection (4) on and after the day thechief executive
receives the notice.(6)If a person
gives notice under subsection (2) but is not taken tohold
a certificate under subsection (4), the person may makeanapplicationundersection43relatingtothecertificatementioned in
subsection (1).(7)For making an application under
section 43, the certificate istaken to be a
current licence to perform a class of high riskReprint 2J
effective 1 July 2011Page 53
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 42]work, issued before 1 July 2008, that is
nearest in scope to thescope of the work to which the
certificate relates.(8)Subsection (7)
does not have the effect of licensing the personfor
any other purpose and does not have effect retrospectively.(9)In this section—issueincludes grant.Division 8Expiry of licences to perform classof
high risk work issued before July2008 unless
holder converts licenceto a renewable licence42Pre-July 2008 licence to perform a
class of high risk workwill end unless converted to a
renewable licence(1)A licence to perform a class of high
risk work issued before 1July 2008 ends as follows—(a)if the licence was issued before
1996—(i)ifthebirthdayoftheholderofthelicencefirsthappens after 30 June 2008 and before 31
August2008—at midnight on the day that is 56 days
afterthat birthday; or(ii)otherwise—atmidnightonthebirthdayoftheholder that
first happens after 30 June 2008;(b)ifthelicencewasissuedin1996,1997or1998—atmidnight on the
birthday of the holder that first happensafter 30 June
2009;(c)ifthelicencewasissuedin1999,2000or2001—atmidnight on the
birthday of the holder that first happensafter 30 June
2010;(d)ifthelicencewasissuedin2002,2003or2004—atmidnight on the
birthday of the holder that first happensafter 30 June
2011;Page 54Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 43](e)if the licence was issued in 2005,
2006, 2007 or in 2008but before 1 July 2008—at midnight on
the birthday ofthe holder that first happens after 30 June
2012.(2)Subsection (1) does not apply
if—(a)the chief executive did not give
notice under section 45about the licence ending; or(b)the licence is converted under section
43 to a renewablelicence.(3)If
the chief executive does not give notice under section 45 tothe
holder—(a)the licence does not end under
subsection (1); but(b)the chief executive may give to the
holder written noticethatthelicenceends6monthsafterthedateofthenotice.(4)If
the chief executive gives notice under subsection (3)(b),
thelicence ends 6 months after the date of the
notice.(5)Subsection (4) does not apply if the
licence is converted to arenewable licence under section
43.(6)In this section—issueincludes grant.43How
to convert a pre-July 2008 licence to perform a classof
high risk work to a renewable licence(1)A
licence to perform a class of high risk work issued before 1July2008maybeconvertedtoarenewablelicencewithaterm of 5 years.Note—See sections 41(7) and 373.(2)The holder of the licence may apply to
the chief executive toconvert the licence to a renewable
licence.(3)The application must—(a)be in the approved form; andReprint 2J effective 1 July 2011Page
55
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 44](b)state that the holder is competent to
perform the class ofhigh risk work to which the renewable
licence relates;and(c)be accompanied
by—(i)evidence, satisfactory to the chief
executive, of theapplicant’s identity; and(ii)the fee under
schedule 1 for the application.(4)A
single application must be made by a person for licencesunder subsection (1) held by the
person.(5)If a person may apply under subsection
(2) because of section41(6)—(a)theapplicationmayonlybemadebefore1October2009; and(b)a renewable licence granted in
relation to the applicationdoes not have
the effect of retrospectively licensing theholder.(6)In this section—issueincludes grant.44Decision on application to convert to a
renewable licence(1)Ifthechiefexecutivedecidestograntanapplicationtoconvert a licence or licences to a single
renewable licence, thechiefexecutivemustgranttherenewablelicenceintheapprovedformassoonaspracticableaftermakingthedecision.(2)The
renewable licence is subject to the conditions, if any, towhich the licence was subject.(3)Ifthechiefexecutivedecidestorefuseanapplicationtoconvert a licence to a renewable licence,
the chief executivemust give written notice to the applicant
about the decisionwithin 10 days after making the
decision.(4)The notice must state—(a)the reasons for the refusal;
andPage 56Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 3 High risk work and operation of
earthmoving equipment and particular crane[s 45](b)thatthepersonmayappealagainstthedecisionunderpart
11 of the Act.45Notice about ending of pre-July 2008
licence to perform aclass of high risk work to be given to
holder(1)The chief executive must give a notice
under subsection (3) toeach holder of a licence to perform a
class of high risk workissued before 1 July 2008.(2)The notice must be given at least 6
weeks before the licenceends under section 42(1).(3)The notice must state—(a)that the holder’s certificate of
competency for work orworkinanoccupationisnowalicencetoperformastated class of high risk work; and(b)that the holder’s licence to perform a
class of high riskworkwillendatastatedtimeunlessthelicenceisconverted to a renewable licence by that
time; andExample of a stated time for paragraph
(b)—at midnight on the birthday of the
holder that first happens after30 June
2008(c)anapplicationtoconvertthelicencetoarenewablelicence—(i)must be made to the chief executive;
and(ii)must be made
under section 43; and(d)how the
application may be made.(4)The stated time
under subsection (3)(b) must be the time atwhich the
licence to perform a class of high risk work will endunder section 42(1).(5)Subsection(3)doesnotpreventthenoticestatingothermatters about
workplace health or safety.(6)In
this section—issueincludes
grant.Reprint 2J effective 1 July 2011Page
57
Workplace Health and Safety Regulation
2008Part 4 Prescribed activities[s
46]Part 4Prescribed
activitiesDivision 1Certificate to
perform prescribedactivity46Certificate to perform prescribed
activityArelevantpersonmustnotperformaprescribedactivityunless—(a)if
the prescribed activity is demolition work, and there isaprincipalcontractor—theprincipalcontractorortherelevant person holds a certificate to
perform the activityissued by the chief executive;
or(b)iftheprescribedactivityisworktoremovefriableasbestos containing material—the relevant
person holdsa certificate to perform the activity issued
by the chiefexecutive.Maximum
penalty—40 penalty units.47Application for
certificate to perform prescribed activity(1)Apersonmayapplytothechiefexecutive,underpart8,division 2, for a certificate to perform a
prescribed activity.(2)The chief
executive may grant the application only if the chiefexecutiveissatisfiedthat,within60daysbeforetheapplication was made, an authorised
accredited provider or aregisteredtrainingorganisationhasassessedtheapplicant,undertheapprovedcriteria,ascompetenttoperformtheprescribed activity.(3)Acertificateisvalidfor2yearsfromthedayitisgrantedunless suspended
or cancelled.(4)In this section—Page 58Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 4 Prescribed activities[s
48]approved criteriameans—(a)for demolition work—the criteria
stated in InformationPaper D1 (Approved criteria for a
certificate to performthe prescribed activity of demolition
work) issued by thechief executive; or(b)forworktoremovefriableasbestoscontainingmaterial—the
criteria stated in Information Paper AR1(Approved
criteria for a certificate to perform work toremove friable
asbestos containing material) issued bythe chief
executive.Editor’s note—The
information papers may be obtained at no cost from any office
ofthedepartmentdealingwithworkplacehealthandsafety,orthedepartment’s website at
<www.justice.qld.gov.au>.48ConditionsInadditiontoanyotherconditionimposedbythechiefexecutive under
section 93, a certificate held by a person toperformaprescribedactivityissubjecttothefollowingconditions—(a)the
person must take all reasonable steps to ensure thatthe
person continues to satisfy the approved criteria asdefined in section 47(4);(b)iftheprescribedactivitytobeperformedunderthecertificate is demolition work—the
performance of theprescribedactivitymustberestrictedtotheparticularstructures, or
particular types of structures, stated in thecertificate.Reprint 2J
effective 1 July 2011Page 59
Workplace Health and Safety Regulation
2008Part 4 Prescribed activities[s
49]Division 2Training and
supervision inprescribed activities49Duty
of relevant person who is an employer for training inprescribed activityA relevant
person who employs, or otherwise allows, a workerto
perform a prescribed activity must ensure the person hasreceived appropriate training in safe
working methods for theperformance of the prescribed
activity.Maximum penalty—30 penalty units.50Supervision of performance of
prescribed activity bycompetent person(1)Theholderofacertificatetoperformaprescribedactivitymustensuretheperformanceoftheprescribedactivityisdirectly supervised by a competent
person.Maximum penalty—30 penalty units.(2)Theholderofacertificatetoperformaprescribedactivitymust
give the chief executive written notice of a change in thecompetentpersonforaprescribedactivitywithin14daysafter the
change.Maximum penalty—10 penalty units.(3)In this section—competent
personmeans—(a)for
demolition work—a person who is competent underInformationPaperD2(Requirementstosupervisedemolition work)
issued by the chief executive; or(b)forworktoremovefriableasbestoscontainingmaterial—a
person who is competent under InformationPaperAR2(Requirementsforacompetentpersontosuperviseworktoremovefriableasbestoscontainingmaterial) issued
by the chief executive.Page 60Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 5 Bonded asbestos removal
certificate[s 51]Editor’s
note—The information papers may be obtained
at no cost from any office ofthedepartmentdealingwithworkplacehealthandsafety,orthedepartment’s website at
<www.justice.qld.gov.au>.Part 5Bonded asbestos removalcertificate51Application of pt 5This part
applies to work to remove 10m2or
more of bondedasbestos containing material.52Authority to perform work to remove
bonded asbestoscontaining material(1)Arelevantpersonwhoisanemployermustnotemployorotherwise allow a worker to perform work to
remove 10m2ormoreofbondedasbestoscontainingmaterialunlesstheworker has appropriate authority to perform
the work.Maximum penalty—40 penalty units.(2)A person must not perform work to
remove 10m2or more ofbondedasbestoscontainingmaterialunlessthepersonhasappropriate authority to perform the
work.Maximum penalty—40 penalty units.(3)A person has appropriate authority to
perform work to remove10m2or
more of bonded asbestos containing material if—(a)the
person holds a bonded asbestos removal certificate;or(b)the person
performs the work under a certificate that—(i)isheldbyarelevantpersontoperformworktoremove friable asbestos containing
material; andReprint 2J effective 1 July 2011Page
61
Workplace Health and Safety Regulation
2008Part 5 Bonded asbestos removal
certificate[s 52](ii)allowsthefirstmentionedpersontoperformthework; or(c)thepersonholdsanassessmentsummaryundersubsection(4)abouttheperson’scompetencetoperformworktoremovebondedasbestoscontainingmaterial, that
was issued within 60 days before the dayon which the
work is to be performed; or(d)thepersonhasappliedundersection53forabondedasbestos removal certificate, and has not
received fromthe chief executive—(i)the
certificate; or(ii)notice of
refusal for the application.(4)An
assessment summary for a person named in the summarymust—(a)beissuedbyanauthorisedaccreditedprovideroraregistered
training organisation; and(b)state
that—(i)the person is competent to perform
work to removebonded asbestos containing material;
and(ii)thepersondemonstratedtheappropriateunderpinningknowledgeforthecompetencyassessed;
and(c)if—(i)the
assessment summary is issued by an authorisedaccredited
provider, state the authorised accreditedproviderandbesignedbytheauthorisedaccredited
provider; or(ii)the assessment
summary is issued by a registeredtrainingorganisation,statethepersonwhoperformedtheassessmentandbesignedbytheperson.(5)In
this section—Page 62Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 5 Bonded asbestos removal
certificate[s 53]authorised
accredited providermeans an accredited providerwhosefunctionsundersection178(2)oftheActincludeassessing a person’s competence to perform
work to removebonded asbestos containing material.53Application for bonded asbestos
removal certificate(1)Apersonmayapplytothechiefexecutive,underpart8,division 2, for a bonded asbestos removal
certificate.(2)The chief executive may grant the
application only if the chiefexecutiveissatisfiedthat,within60daysbeforetheapplication was made, an authorised
accredited provider or aregisteredtrainingorganisationhasassessedtheapplicant,under the
approved criteria, as competent to perform work toremove bonded asbestos containing
material.(3)In this section—approvedcriteriameansthecriteriastatedinInformationPaperAR3(Approvedcriteriaforacertificatetoperformwork to remove
bonded asbestos containing material) issuedby the chief
executive.54Term of certificateA
bonded asbestos removal certificate is for a term of 5
years.Note—See sections 376
and 377.55Certificate holder to notify change of
addressTheholderofabondedasbestosremovalcertificatemustnotifythechiefexecutiveofachangeofthecertificateholder’s
residential or postal address within 14 days after thechange.Maximum
penalty—10 penalty units.Reprint 2J effective 1 July 2011Page
63
Workplace Health and Safety Regulation
2008Part 6 Workplace health and safety
officers[s 56]Part 6Workplace health and safetyofficers56Workplaces requiring a workplace health and
safetyofficer—Act, s 93Forsection93oftheAct,workplacesinthefollowingindustries are
prescribed workplaces—(a)building and
construction industry;(b)community
services industry;(c)electricity, gas and water
industry;(d)financial, property and business
services industry;(e)manufacturing industry;(f)public administration industry;(g)recreationalservices,personalservicesandotherservices
industry;(h)retail and wholesale trade
industry;(i)transport and storage industry.57Application for certificate of
authority of appointment(1)Apersonmayapplytothechiefexecutive,underpart8,division 2, for a certificate of authority
of appointment of aworkplace health and safety officer.(2)The chief executive may grant the
application only if the chiefexecutive is
satisfied that—(a)within 3 months before the application
is made—(i)foranapplicationforacertificate—aregisteredtraining
organisation has assessed the applicant ascompetent to
perform the functions of a workplacehealth and
safety officer under the Act; or(ii)foranapplicationforrenewalofacertificate—aregisteredtrainingorganisationhasassessedthePage
64Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 6 Workplace health and safety
officers[s 58]applicant as
competent to continue to perform thefunctions of a
workplace health and safety officerunder the Act;
or(b)the applicant has other qualifications
or experience thatwould enable the applicant to satisfactorily
perform thefunctions of a workplace health and safety
officer.(3)The applicant may satisfy the chief
executive for subsection(2) by giving the chief executive
satisfactory evidence that theapplicant has
completed—(a)for subsection (2)(a)(i)—an approved
workplace healthand safety officer course; or(b)for subsection (2)(a)(ii)—an approved
workplace healthand safety officer recertification
course.(4)A certificate is valid for the term,
of a maximum of 5 years,stated in the certificate.Note—See sections 378
and 379.(5)In this section—approved
workplace health and safety officer coursemeans acourse approved by the chief executive under
section 58(1)(a).approved workplace health and safety officer
recertificationcoursemeans a course
approved by the chief executive undersection
58(1)(b).58Approval of workplace health and
safety officer course(1)The chief
executive may approve—(a)a workplace
health and safety officer course; and(b)aworkplacehealthandsafetyofficerrecertificationcourse.(2)The chief executive must not approve a
workplace health andsafety officer course or
recertification course unless the chiefexecutiveissatisfiedthecoursegivesadequateinstructionReprint 2J
effective 1 July 2011Page 65
Workplace Health and Safety Regulation
2008Part 7 Accredited providers, registered
training organisations, approvals and related matters[s
59]about the functions of a workplace health
and safety officerunder the Act.Part 7Accredited providers,registered
trainingorganisations, approvals andrelated mattersDivision 1Accredited providers59Application for appointment as an accredited
provider(1)Apersonmayapplytothechiefexecutiveunderpart8,division2,foracertificateofappointmentasanaccreditedprovider.(2)Anappointmentisvalidfortheterm,ofamaximumof5years, stated in the
certificate.Note—See part 14,
division 1 of the Act for further provisions about
accreditedproviders.60Authorised accredited provider to make
record ofassessment and give a copy to
applicant(1)This section applies if an authorised
accredited provider hasassessed an applicant’s competency for
part 4 or 5.(2)Afterassessingtheapplicant’scompetency,theauthorisedaccredited
provider must—(a)make a record of the assessment;
and(b)give a copy of it to the
applicant.Maximum penalty—20 penalty units.Page
66Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 7 Accredited providers, registered
training organisations, approvals and related matters[s
61](3)In this section—authorised
accredited provider—(a)if the
assessment was made under part 4—see schedule18; or(b)if the assessment was made under part
5—see section52.61Record of
assessment by authorised accredited providerbefore 1 July
2007(1)This section applies if—(a)anauthorisedaccreditedproviderhasassessedanapplicant’s competency for part 3 or 6 as in
force at anytime before 1 July 2007; and(b)the authorised accredited provider
holds a record of theassessment.(2)The
authorised accredited provider must—(a)if
required in writing by the chief executive—give therecord of assessment to the chief executive
in the waystated in writing by the chief executive;
or(b)otherwise—keep the record of
assessment for at least 5years after the assessment is
made.Maximum penalty—40 penalty units.(3)In this section—authorised
accredited providermeans—(a)if
the assessment was made under part 3 as in force atanytimebefore1July2007—anaccreditedproviderwhose functions under section 178(2) of the
Act includeassessing a person’s competency to perform
work in theprescribed occupation involved; or(b)if the assessment was made under part
6 as in force atanytimebefore1July2007—anaccreditedproviderwhose functions under section 178(2) of the
Act includeReprint 2J effective 1 July 2011Page
67
Workplace Health and Safety Regulation
2008Part 7 Accredited providers, registered
training organisations, approvals and related matters[s
62]theconductofthecourseinrelationtowhichtheassessment is made.Division 2Duties, and monitoring, ofregistered training organisations62Registered training organisation’s
duty for assessingcompetency(1)Aregisteredtrainingorganisationmustensurethateachperson who
trains or assesses the competency of an applicantfor
part 3, 4, 5 or 6 complies with the requirements of—(a)theVocational
Education, Training and Employment Act2000in
relation to the training or assessment; and(b)anyagreemententeredintobytheregisteredtrainingorganisationforthetrainingortheassessmentintheaccredited courses that are listed in
schedule 2.Maximum penalty—40 penalty units.(2)Aregisteredtrainingorganisationmustensureeachpersonwhotrainsorassessesthecompetencyofapersoninthegeneralinductiontrainingcoursecomplieswiththerequirements of—(a)theVocational Education, Training and
Employment Act2000in relation to
the training or assessment; and(b)anyagreemententeredintobytheregisteredtrainingorganisation for the training or
assessment.Maximum penalty—40 penalty units.63When registered training organisation
must not makepractical assessmentA registered
training organisation must not make a practicalassessmentofanapplicant’scompetency,inaunitofcompetency, for part 3, 4, 5 or 6
unless—(a)either—Page 68Reprint 2J effective 1 July
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Workplace Health and Safety Regulation
2008Part 7 Accredited providers, registered
training organisations, approvals and related matters[s
64](i)the applicant has finished the formal
training andinformal learning for the unit of
competency; or(ii)the registered
training organisation is satisfied, onreasonable
grounds, that the applicant has acquiredadequate skill
and knowledge relevant to the unitof competency in
a way other than by training; and(b)the
applicant had a competent assessment result in—(i)the
written assessment in the unit of competency;and(ii)if an assignment
is required to be assessed undertheassessmentinstrumentfortheunitofcompetency,andwasassessed—assignmentassessment in the unit of competency.Maximum penalty—20 penalty units.64Registered training organisation’s
duties before issuingstatement of attainment(1)Thissectionappliesifaregisteredtrainingorganisationprovides
training in a unit of competency for part 3, 4, 5 or 6.(2)Theregisteredtrainingorganisationmustperformanassessment in the unit of competency in
accordance with theassessmentinstrumentfortheunitofcompetency,beforeissuing a statement of attainment for the
unit of competency.Maximum penalty—20 penalty units.(3)Subsection (2) does not apply if,
under a table of equivalentcompetenciesissuedbythechiefexecutive,theregisteredtrainingorganisationhasdecidedthepersoniseligibletoreceiverecognitionofcompetencyasequivalenttocompetency in the unit of competency.(4)Ifsubsection(3)doesnotapply,theregisteredtrainingorganisation must not issue a statement of
attainment unlessthepersontowhomthestatementrelateshasacompetentassessment result in the following
assessments in the unit ofcompetency—Reprint 2J
effective 1 July 2011Page 69
Workplace Health and Safety Regulation
2008Part 7 Accredited providers, registered
training organisations, approvals and related matters[s
65](a)written assessment;(b)practical assessment;(c)ifanassignmentisrequiredtobeassessedundertheassessment instrument for the unit of
competency, andwas assessed—assignment assessment.Maximum penalty—20 penalty units.65Record of assessment by registered
trainingorganisationAfteraregisteredtrainingorganisationhasassessedanapplicant’s competency for part 3, 4, 5 or
6, the organisationmust do each of the following—(a)makeanassessmentsummaryfortheunitofcompetency to which the assessment
relates;(b)iftheregisteredtrainingorganisationdecidesthattheapplicant is competent in the unit of
competency—issuea statement of attainment for the unit of
competency;(c)give a copy of the assessment summary
and statement ofattainment to the applicant.Maximum penalty—20 penalty units.66Other duties of registered training
organisationA registered training organisation that
provides training in aunit of competency for part 3, 4, 5 or
6 must—(a)providethetraininginaccordancewiththeunitofcompetency; and(b)for
a unit of competency for part 3—allow an individualtoassessanapplicant’scompetencyfortheunitofcompetency, only if the individual, on or
after 1 January2009—(i)holdsatrainingandassessmentapprovalinrelation to the unit of competency;
orPage 70Reprint 2J
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Workplace Health and Safety Regulation
2008Part 7 Accredited providers, registered
training organisations, approvals and related matters[s
67](ii)hascompliedwithanycriteriathatmustbecompliedwith,underacorrespondinglaw,toenabletheindividualtoprovidetrainingandassessment relating to the unit of
competency for apurpose that is the same as or similar to a
purposeof part 3; and(c)giveatestforanassessmentofanapplicant’scompetency for
part 3, 4, 5 or 6, only in accordance withany tests and
assessment instructions issued by the chiefexecutive;
and(d)not give the test to a trainee before
the trainee does thetest; and(e)keep, in a secure way, any model answers for
the testuntil after the test is given to the
trainee; and(f)not give any model answers for the
test to a trainee untilafter the test is given to the
trainee; and(g)keepthetestpapersandanswers,andacopyoftheassessment summary, for the assessment
foratleast5years from the day of the assessment;
and(h)forpart3,recognisecompetencyasequivalenttocompetency in a unit of competency, only in
accordancewith a table of equivalent competencies,
issued by thechief executive.Maximum
penalty—20 penalty units.67Monitoring of
registered training organisation’scompliance(1)Thechiefexecutivemaymonitoraregisteredtrainingorganisation’s compliance with this
division.(2)The chief executive must report the
results of the monitoringtothechiefexecutiveofthedepartmentwithinwhichtheVocational Education, Training and
Employment Act 2000isadministered.Reprint 2J
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Workplace Health and Safety Regulation
2008Part 7 Accredited providers, registered
training organisations, approvals and related matters[s
68]Division 3False
documents68Person must not sign false assessment
summaryA person must not sign an assessment summary
that is reliedon,orislikelytobereliedon,underthisregulationiftheperson knows the assessment summary is
false.Maximum penalty—40 penalty units.69Making available document purporting
to be statement ofattainmentApersonmustnotmakeavailabletoanotherpersonadocument that—(a)purports to be a statement of attainment;
and(b)isreliedon,orlikelytobereliedon,underthisregulation;ifthepersonknowsthedocumentisnotastatementofattainment.Maximum
penalty—40 penalty units.Division 4Approval of
individual to providetraining and assessment70Approval of individual to provide
training andassessment(1)An
individual may apply to the chief executive for approval toprovide training and assessment, for part 3
for either or bothof the following, for a registered training
organisation whosescope of registration under theVocational Education, TrainingandEmploymentAct2000coverstheassessmentandtraining—(a)a
unit of competency for a class of high risk work;Page
72Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 7 Accredited providers, registered
training organisations, approvals and related matters[s
71](b)a unit of competency for an
earthmoving or particularcrane occupation.(2)The
chief executive may grant the application only if the chiefexecutiveissatisfiedtheindividualhasthequalifications,training and
experience to provide the training and assessmentto
the standard appropriate for part 3.(3)The
application must—(a)be made in writing; and(b)beaccompaniedbyadvicebytheregisteredtrainingorganisationtothechiefexecutivethattheregisteredtraining
organisation supports the application; and(c)be
supported by enough information to enable the chiefexecutive to decide the application.(4)The chief executive may require the
applicant to give the chiefexecutiveanyfurtherinformationthechiefexecutivereasonably requires to decide the
application.(5)Arequirementundersubsection(4)maystateareasonableperiod,ofatleast28days,bywhichthestatedfurtherinformation must be given to the chief
executive.71Chief executive to decide application
for training andassessment approval within 28 days(1)The chief executive must decide the
application for trainingand assessment approval within 28 days
after the applicationis made.(2)However, if the chief executive requires the
applicant to givethechiefexecutivefurtherinformationundersection70(4),thechiefexecutivemustdecidetheapplicationwithinareasonableperiod,butwithin28days,afterreceivingtheinformation.72Grant
of approvalIfthechiefexecutivedecidestogranttheapplicationfortrainingandassessmentapproval,thechiefexecutivemustReprint 2J
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Workplace Health and Safety Regulation
2008Part 7 Accredited providers, registered
training organisations, approvals and related matters[s
73]grant the training and assessment approval,
in the approvedform,totheapplicantwithin10daysaftermakingthedecision.73Notice of refusal of application(1)Ifthechiefexecutivedecidestorefusetheapplicationfortrainingandassessmentapproval,thechiefexecutivemustgive written
notice to the applicant of the decision within 10days
after making the decision.(2)The notice must
state—(a)the reasons for the refusal;
and(b)thatthepersonmayappealagainstthedecisionunderpart
11 of the Act.Division 5Suspension and
cancellation oftraining and assessment approval74Grounds for suspension or cancellation
of approval(1)The chief executive may, on any of the
grounds mentioned insubsection(2),suspendorcancelatrainingandassessmentapproval.(2)The grounds are as follows—(a)the holder of the training and
assessment approval hascontravened the Act or this
regulation, whether or nottheholderhasbeenchargedwith,orconvictedof,anoffence;(b)the
training and assessment approval was—(i)issued in error; or(ii)issued because of a false or misleading
documentor representation; or(iii)obtained in another improper way.Page
74Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 7 Accredited providers, registered
training organisations, approvals and related matters[s
75]75Procedure for suspension or
cancellation(1)Before taking action under section
74(1), the chief executivemust give the holder of the training
and assessment approval awritten notice that—(a)statestheactionproposedtobetakenundersection74(1); and(b)states the grounds for the proposed action;
and(c)outlines the facts and circumstances
forming the basisfor the grounds; and(d)if
the proposed action is suspension of the training andassessment approval—states the proposed
period of thesuspension; and(e)invites the holder to show, within a stated
period of atleast28days,whytheproposedactionshouldnotbetaken.(2)If,
after considering all representations made within the statedperiod, the chief executive still considers
grounds to take theproposed action exist, the chief executive
may—(a)ifthenoticestatedaproposaltosuspendthetrainingandassessmentapproval—suspendthetrainingandassessmentapprovalforaperiodnolongerthanthestated period; or(b)if
the notice stated a proposal to cancel the training andassessmentapproval—cancelorsuspendthetrainingand assessment
approval.(3)The chief executive must, by written
notice, inform the holderabout the decision.(4)Anoticeundersubsection(3)mustbegivenwithin5daysafter the chief
executive makes the decision.(5)Thechiefexecutivemustgiveacopyofthenoticeundersubsection (3) to the registered training
organisation for whichthe holder provides training and
assessment.Reprint 2J effective 1 July 2011Page
75
Workplace Health and Safety Regulation
2008Part 7 Accredited providers, registered
training organisations, approvals and related matters[s
76](6)If the chief executive decides to
suspend or cancel the trainingand assessment
approval, the notice under subsection (3) muststate—(a)the reasons for the decision;
and(b)thattheholdermayappealagainstthedecisionunderpart
11 of the Act.(7)The decision takes effect on the later
of the following—(a)the day the notice under subsection
(3) is given to theholder;(b)the
day stated in that notice.76Immediate
suspension of approval(1)Thissectionappliesifthechiefexecutivereasonablybelieves—(a)a training and assessment approval
was—(i)issued in error or because of a false
or misleadingdocument or representation; or(ii)obtained in
another improper way; and(b)a person may be
exposed to substantial risks to his orherhealthorsafetyifurgentactiontosuspendthetraining and assessment approval is not
taken.(2)Thechiefexecutivemay,bynoticeundersubsection(3),(immediatesuspensionnotice)immediatelysuspendthetraining and assessment
approval.(3)The immediate suspension notice must
state the following—(a)that the
training and assessment approval is suspended;(b)the
grounds for the suspension;(c)anoutlineofthefactsandcircumstancesformingthebasis of the grounds;(d)the immediate suspension has effect
until the later of thefollowing—Page 76Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 7 Accredited providers, registered
training organisations, approvals and related matters[s
77](i)14 days after the date of the
immediate suspensionnotice;(ii)if,
within that period of 14 days, a notice is givenunder section 75(1) to the holder—when a
decisionofthechiefexecutiverelatingtotheproposedactiontosuspendorcancelthetrainingandassessmentapprovaltakeseffectundersection75(7);(e)thattheholdermayappealagainstthedecisiontoimmediatelysuspendthetrainingandassessmentapproval under
part 11 of the Act.(4)Thechiefexecutivemustgiveacopyoftheimmediatesuspensionnoticetotheregisteredtrainingorganisationforwhich the holder provides training and
assessment.77When immediate suspension has effect
until(1)Thissectionappliesifanimmediatesuspensionnoticeisgiven to the holder of a training and
assessment approval.(2)The suspension
has effect until the later of the following—(a)14
days after the immediate suspension notice is given;(b)if, within that period of 14 days, a
notice under section75(1)isgiventotheholder—whenadecisionofthechiefexecutiverelatingtotheproposedactiontosuspend or cancel the approval takes
effect under section75(7).Reprint 2J
effective 1 July 2011Page 77
Workplace Health and Safety Regulation
2008Part 8 Certificates and licences[s
78]Part 8Certificates and
licencesDivision 1Definitions78Definitions for pt 8(1)In
this part, other than division 3—certificatemeans any of the
following—(a)a certificate of registration of
registrable plant;(b)a certificate of registration of
registrable plant design;(c)an earthmoving
or particular crane work certificate;(d)a
certificate of authority of appointment of a workplacehealth and safety officer;(e)a certificate of appointment as an
accredited provider;(f)a bonded
asbestos removal certificate;(g)a
certificate to perform a prescribed activity.(2)In
this part—licencemeans a licence
to perform a class of high risk work.variation of a
licencemeans a variation of a licence—(a)toendorseanotherclassofhighriskworkonthelicence; or(b)to
remove a class of high risk work from the licence.Page
78Reprint 2J effective 1 July
2011
Division 2Workplace Health
and Safety Regulation 2008Part 8 Certificates and licences[s
79]Applications for certificates,licences and variations of licencesSubdivision 1Certificates,
licences and variationsof licences generally79How to apply for a certificate, other
than an earthmovingor particular crane work certificate(1)An application for a certificate,
other than an earthmoving orparticular crane
work certificate, must—(a)be made to the
chief executive in the approved form; and(b)be
supported by enough information to enable the chiefexecutive to decide the application;
and(c)be accompanied by—(i)the
fee under schedule 1 for the application; and(ii)evidence, satisfactory to the chief
executive, of theapplicant’s identity, including date of
birth; and(iii)anassessmentsummarycomplyingwithsection25(4)(a)to(c)fortheapplicantfortheunitofcompetency that relates to the application;
and(iv)a statement of
attainment for the applicant for theunit of
competency, issued by a registered trainingorganisation
within 60 days before the applicationis made.(2)Subsection (3) applies if an
assessment summary is requiredto be included
in an application for a bonded asbestos removalcertificate.(3)Thechiefexecutivemay,fortheapplication,exempttheperson from the requirement if the
chief executive is satisfiedthe
applicant—(a)is a competent person under section
50(2); andReprint 2J effective 1 July 2011Page
79
Workplace Health and Safety Regulation
2008Part 8 Certificates and licences[s
80](b)hasperformedworktoremovefriableasbestoscontaining
material, or work to remove 10m2or
more ofbonded asbestos containing material, in the
last 5 years;and(c)iscompetenttoperformworktoremovebondedasbestos containing material.(4)Subsection (5) applies if an
assessment summary is requiredto be included
in an application for a certificate of authority ofappointment of a workplace health and safety
officer.(5)Thechiefexecutivemay,fortheapplication,exempttheperson from the requirement if the
chief executive is satisfiedthe applicant
has at least the level of competence required fortheunitofcompetencytowhichtheassessmentsummaryrelates.80How
to apply for an earthmoving or particular crane workcertificate(1)This
section applies to an application for an earthmoving orparticularcraneworkcertificateforanearthmovingorparticular crane occupation.Note—Anearthmovingorparticularcraneworkcertificateisforasingleearthmoving or particular crane
occupation.(2)Theapplicantmustnotalreadyholdanearthmovingorparticular crane work certificate, or a
corresponding authorityto an earthmoving or particular crane
work certificate, for theoccupation,whetherornotthecertificateorcorrespondingauthority has
been suspended.(3)The application must—(a)be made to the chief executive in the
approved form; and(b)be supported by enough information to
enable the chiefexecutive to decide the application;
and(c)be accompanied by—Page 80Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 8 Certificates and licences[s
81](i)evidence, satisfactory to the chief
executive, of theapplicant’s identity, including date of
birth; and(ii)an assessment
summary under section 25(4) for theapplicant,intheunitofcompetencyfortheearthmovingorparticularcraneoccupationtowhich the application relates; and(iii)astatementofattainmentfortheunitofcompetencyfortheearthmovingorparticularcraneoccupationissuedbyaregisteredtrainingorganisation within 60 days before the
applicationis made.(4)If
the chief executive is satisfied the applicant has at least
thelevel of competence required for the unit of
competency, thechiefexecutivemay,fortheapplication,exemptthepersonfrom the
requirements under subsection (3)(c)(ii) and (iii).(5)The chief executive may require the
applicant to give the chiefexecutiveanyfurtherinformationthechiefexecutivereasonably requires to decide the
application.(6)Arequirementundersubsection(5)maystateareasonableperiod,ofatleast28days,bywhichthestatedfurtherinformation must be given to the chief
executive.81Eligibility to obtain particular
licence classes(1)To be eligible to obtain the licence
class basic rigger, a personmust
hold—(a)the licence class dogger or a
corresponding authority tothe licence class; or(b)a summary, and statement of
attainment, for the unit ofcompetency for
the class of high risk work dogger.(2)To
be eligible to obtain the licence class intermediate rigger,
aperson must hold—(a)thelicenceclassbasicriggeroracorrespondingauthority to the
licence class; orReprint 2J effective 1 July 2011Page
81
Workplace Health and Safety Regulation
2008Part 8 Certificates and licences[s
81](b)a summary, and statement of
attainment, for the unit ofcompetency for
the class of high risk work basic rigger.(3)To
be eligible to obtain the licence class advanced rigger, aperson must hold—(a)the
licence class intermediate rigger or a correspondingauthority to the licence class; or(b)a summary, and statement of
attainment, for the unit ofcompetency for
the class of high risk work intermediaterigger.(4)Tobeeligibletoobtainthelicenceclassintermediatescaffolder, a
person must hold—(a)thelicenceclassbasicscaffolderoracorrespondingauthority to the
licence class; or(b)a summary, and statement of
attainment, for the unit ofcompetencyfortheclassofhighriskworkbasicscaffolder.(5)To
be eligible to obtain the licence class advanced scaffolder,a
person must hold—(a)thelicenceclassintermediatescaffolderoracorresponding authority to the licence
class; or(b)a summary, and statement of
attainment, for the unit ofcompetency for
the class of high risk work intermediatescaffolder.(6)To
be eligible to obtain the licence class intermediate boileroperator, a person must hold—(a)thelicenceclassbasicboileroperatororacorresponding
authority to the licence class; or(b)a
summary for the unit of competency for the class ofhigh
risk work basic boiler operator.(7)Tobeeligibletoobtainthelicenceclassadvancedboileroperator, a person must hold—(a)thelicenceclassintermediateboileroperatororacorresponding authority to the licence
class; orPage 82Reprint 2J
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Workplace Health and Safety Regulation
2008Part 8 Certificates and licences[s
82](b)a summary for the unit of competency
for the class ofhigh risk work intermediate boiler
operator.(8)In this section—summarymeansanassessmentsummarycomplyingwithsection 18(5).82How
to apply for a licence or variation of a licence toendorse another class of high risk
work(1)This section applies to an application
for—(a)a licence; or(b)a
variation of a licence to perform a class of high riskwork
to endorse another class of high risk work on thelicence.(2)Theapplicantmustnotalreadyholdthelicenceorlicenceclass to which
the application relates or, subject to section 83,acorrespondingauthoritytothelicenceorlicenceclass,whetherornotthelicence,licenceclassorcorrespondingauthority has
been suspended.(3)The application must—(a)be made to the chief executive in the
approved form; and(b)be made by the applicant in person;
and(c)be supported by enough information to
enable the chiefexecutive to decide the application;
and(d)be accompanied by—(i)the
fee under schedule 1 for the application; and(ii)evidence, satisfactory to the chief
executive, of theapplicant’s identity, including date of
birth; and(iii)anassessmentsummarycomplyingwithsection18(5) for the
applicant, in the unit of competencyfortheclassofhighriskworktowhichtheapplication relates; andReprint 2J
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Workplace Health and Safety Regulation
2008Part 8 Certificates and licences[s
83](iv)astatementofattainmentfortheunitofcompetency for the class of high risk work
issuedby a registered training organisation within
60 daysbefore the application is made.(4)If the chief executive is satisfied
the applicant has at least thelevel of
competence required for the unit of competency, thechiefexecutivemay,fortheapplication,exemptthepersonfrom the
requirements under subsection (3)(d)(iii) and (iv).(5)The chief executive may require the
applicant to give the chiefexecutiveanyfurtherinformationthechiefexecutivereasonably requires to decide the
application.(6)Arequirementundersubsection(5)maystateareasonableperiod,ofatleast28days,bywhichthestatedfurtherinformation must be given to the chief
executive.83If applicant for licence or variation
of a licence holds acorresponding authority to licence or
licence class(1)Thissectionappliesifanapplicantforalicenceorforavariationofalicencetoendorseanotherclassofhighriskworkonthelicenceholdsacorrespondingauthoritytothelicence or to
the licence class to which the application relates.(2)The chief executive must not issue the
licence or licence classunlesstherecognisedauthorityhasadvisedthechiefexecutive that
the corresponding authority is validly held.(3)Withoutlimitingthethingsthatmustaccompanytheapplication, the application must be
accompanied by writtenauthority given by the applicant to
the recognised official whoissued the
corresponding authority to cancel or otherwise endthe
corresponding authority.84How to apply for
a variation of a licence to remove a classof high risk
workAn application for a variation of a licence
to remove a class ofhigh risk work from a licence
must—(a)be made to the chief executive in the
approved form; andPage 84Reprint 2J
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Workplace Health and Safety Regulation
2008Part 8 Certificates and licences[s
85](b)be supported by enough information to
enable the chiefexecutive to decide the application.85Refusal to grant licence or variation
for applicant’smisconduct(1)This
section applies to an application for—(a)a
licence; or(b)a variation of a licence to endorse
another class of highrisk work on the licence.(2)Thechiefexecutivemayrefusetogranttheapplicationif,within the 2 years immediately before the
application is made,theapplicanthadalicenceorlicenceclasstowhichtheapplication relates, or a corresponding
authority to the licenceor licence class, suspended or
cancelled because the licence,licence class or
corresponding authority was—(a)issued because of a document or
representation made byor for the applicant that was false or
misleading; or(b)obtainedinanotherimproperwaybyconductoftheapplicant.86Refusal to grant certificate, licence or
variation—falseassessment summary(1)This
section applies to an application for—(a)a
certificate; or(b)a licence; or(c)a
variation of a licence to endorse another class of highrisk
work on the licence.(2)The chief
executive may refuse to grant the certificate, licenceorvariationifapersonwhoperformedanassessmentsummarythatisreliedonfortheapplicationhas,within5yearsimmediatelybeforetheapplicationismade,beencharged with or convicted of an offence
against section 68.Reprint 2J effective 1 July 2011Page
85
Workplace Health and Safety Regulation
2008Part 8 Certificates and licences[s
87](3)Subsection (2) does not apply if the
charge is withdrawn ordismissed.(4)Despitesubsection(2),thechiefexecutivemaygrantthecertificate,licenceorvariationifthechiefexecutivereasonably believes the assessment summary
is satisfactory inthe particular case.87Refusal to grant earthmoving or particular
crane workcertificate for applicant’s
misconduct(1)This section applies to an application
for an earthmoving orparticular crane work
certificate.(2)Thechiefexecutivemayrefusetogranttheapplicationif,within 2 years immediately before the
application is made, theapplicanthadanearthmovingorparticularcraneworkcertificate, or
a corresponding authority to an earthmoving orparticularcraneworkcertificate,suspendedorcancelledbecause the
certificate or corresponding authority was—(a)issued because of a document or
representation made byor for the applicant that was false or
misleading; or(b)obtainedinanotherimproperwaybyconductoftheapplicant.88Refusal of application for lack of
competence or formisconduct(1)This
section applies to an application for—(a)acertificate,otherthanacertificateofregistrationofregistrableplantoracertificateofregistrationofregistrable plant design; or(b)a licence; or(c)a
variation of a licence to endorse another class of highrisk
work on the licence.(2)Thechiefexecutivemayrefusetheapplicationifthechiefexecutive
reasonably believes that—Page 86Reprint 2J
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2008Part 8 Certificates and licences[s
89](a)the applicant is not competent to
perform the work orfunction that may be performed under the
certificate orlicence if the application were granted;
or(b)anassessmentsummaryorstatementofattainmentrelied on for
the application was—(i)issued in error
or because of a representation thatwas false or
misleading; or(ii)obtained in
another improper way.89Refusal of
applications for particular certificates(1)This
section applies to an application for—(a)a
certificate of appointment as an accredited provider; or(b)a certificate of authority of
appointment of a workplacehealth and safety officer; or(c)a certificate to perform a prescribed
activity; or(d)a bonded asbestos removal
certificate.(2)The chief executive must refuse to
grant the application if theapplicant
already holds a certificate of the same type.(3)The
chief executive may refuse to grant the application if thechiefexecutivehascancelledacertificateofthesametypewithin2yearsimmediatelybeforetheapplicationismadebecause the
certificate was—(a)issued because of a document or
representation made byor for the applicant that was false or
misleading; or(b)obtainedinanotherimproperwaybyconductoftheapplicant.90Chief
executive to decide application within 28 days(1)Thechiefexecutivemustdecideanapplicationforacertificate,licenceorvariationofalicencewithin28daysafter the
application is made.Reprint 2J effective 1 July 2011Page
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Workplace Health and Safety Regulation
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91](2)However, if the chief executive
requires the applicant to givethe chief
executive further information under section 80(5) or82(5), the chief executive must decide the
application within areasonableperiod,butwithin28days,afterreceivingtheinformation.91Grant
of certificate, licence or variation of a licenceIfthechiefexecutivedecidestograntanapplicationforacertificate,licenceorvariationofalicence,thechiefexecutive must
grant the certificate, licence or variation in theapproved form to the applicant within 10
days after makingthe decision.92Notice of refusal of application(1)If the chief executive decidesto
refuse an application for acertificate,licenceorvariationofalicence,thechiefexecutive must
give written notice to the applicant (notice ofrefusal)ofthedecisionwithin10daysaftermakingthedecision.(2)The
notice of refusal must state—(a)the
reasons for the refusal; and(b)thatthepersonmayappealagainstthedecisionunderpart
11 of the Act.93Grant of certificate, licence or
variation of licence onconditions(1)Thechiefexecutivemaygrantacertificate,licenceorvariationofalicenceonconditionsthechiefexecutiveconsiders appropriate.(2)Thissectiondoesnotapplytoavariationofalicencetoremove a class of high risk work from the
licence.Page 88Reprint 2J
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94]94Term of licence(1)A
licence to perform a class of high risk work is for a term
of5 years.(2)For
subsection (1), it is irrelevant that the licence is
endorsedwithanotherclassofhighriskworkafterthelicencewasgranted.Example—A licence is granted on 1 January
2010. A variation of the licence ismade on 1 March
2010. The licence ends at midnight on 1 January2015.Subdivision 2Renewal of
licences95When licence may be renewed(1)Anapplicationforrenewalofalicencemayonlybemadewithin 6 months
before the licence ends and not more than 1year after the
licence ends.(2)Therenewalofalicence,onanapplicationmadeundersubsection (1)
after the licence ends, does not have the effectof
retrospectively licensing the holder of the licence.96How to apply for renewal of a
licence(1)An application for renewal of a
licence must—(a)be made to the chief executive in the
approved form; and(b)be made by the applicant in person;
and(c)be accompanied by—(i)evidence, satisfactory to the chief
executive, of theapplicant’s identity; and(ii)the fee under
schedule 1 for the application.(2)The
chief executive may require the applicant to give the chiefexecutiveanyfurtherinformationthechiefexecutivereasonably requires to decide the
application.Reprint 2J effective 1 July 2011Page
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2008Part 8 Certificates and licences[s
97](3)Arequirementundersubsection(2)maystateareasonableperiod,ofatleast28days,bywhichthestatedfurtherinformation must be given to the chief
executive.97Renewal of licencesIf
the chief executive is satisfied the applicant for renewal of
alicence has complied with section 96, the
chief executive mustrenew the licence unless the chief
executive must refuse theapplication under section 98.98Refusal to renew licence for lack of
competenceThe chief executive must refuse an
application for renewal ofa licence if the chief executive
considers the applicant is nolongercompetenttoperformtheclassofhighriskworktowhichthelicencerelateswithoutexposingtheapplicantorsomeone else to risks to his or her health
or safety.99Notice of refusal of
application(1)Ifthechiefexecutivedecidestorefuseanapplicationforrenewalofalicence,thechiefexecutivemustgivewrittennotice to the
applicant about the decision within 10 days aftermaking the decision.(2)The
notice must state—(a)the reasons for the refusal;
and(b)thatthepersonmayappealagainstthedecisionunderpart
11 of the Act.Page 90Reprint 2J
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Subdivision 3Workplace Health
and Safety Regulation 2008Part 8 Certificates and licences[s
100]Provisions about certificates ofregistration of registrable plantdesign100Application of sdiv 3Thissubdivisionappliestocertificatesofregistrationofregistrable plant design.101Definitions for sdiv 3In
this subdivision—design verifier, for the design
of plant, means a person whohasacquiredbyqualificationsordesignexperiencetheknowledge and skills to accurately state
that the design, or thepart of the design for which a design
verification statement isto be made, complies with a particular
technical standard orengineering principles.engineering principlesmeans
principles, stated or outlined inanengineering,mathematicalorscientifictext,relevanttosafe
plant design, commonly used in professional engineeringpractice.technical
standard, for the design of plant, means a
standardpublished by—(a)the
chief executive; or(b)Standards Australia; or(c)another organisation that publishes
standards about thedesign of plant.Examples of
paragraph (c)—•American National
Standards Institute•American Society of Mechanical
Engineers•Canadian Standards Association•International Standards
Organisation•Europaische Norm (European
Standard)Reprint 2J effective 1 July 2011Page
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102]102Application for certificate of
registration of registrableplant designAnapplicationforacertificateofregistration ofregistrableplant design
must be accompanied by—(a)a statement in
the approved form by a design verifier forthe design
(adesign verification statement)
stating—(i)either—(A)ifthetechnicalstandard,orengineeringprinciples, if
any, complied with to producethe design or
the part of the design for whichthe statement is
made have a title—the title;or(B)otherwise—awayofidentifyingthetechnical standard or engineering
principles;and(ii)that the design,
or the part of the design, complieswiththetechnicalstandardorengineeringprinciples;
and(b)representational drawings—(i)on paper not larger than A3; or(ii)inelectronicformthatwhenprintedwillbenotlarger than A3;
and(c)the fee under schedule 1, section
3.103Prohibitions relating to design
verification statements(1)Anapplicantforacertificateofregistrationofregistrableplant design
must not allow another person to make a designverification
statement for any part of the design that the otherperson was involved in designing.Maximum penalty—20 penalty units.Page
92Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 8 Certificates and licences[s
104](2)A person must not make a design
verification statement forany part of a design of plant that the
person was involved indesigning.Maximum
penalty—20 penalty units.104Chief executive
may ask for additional information forregistration(1)The
chief executive may, in writing, require an applicant for acertificate of registration of registrable
plant design to give thechiefexecutiveanyofthefollowingadditionalinformationabout the
plant—(a)detailed drawings;(b)design calculations;(c)operating instructions;(d)control system diagrams;(e)the
sequence of operation of the controls;(f)maintenance requirements;(g)a statement of the limits on the use
of the plant;(h)ifthedesignwasproducedusingatechnicalstandardother than a Standards Australia standard—a
copy of thestandard;(i)ifthedesignwasproducedusingengineeringprinciples—a
copy of the engineering principles.(2)The
applicant must give the chief executive the informationabout the design, in English, within—(a)10 days after the requirement is made;
or(b)any further time the chief executive
allows.(3)The chief executive may refuse the
application if the applicantdoes not comply
with the requirement.Reprint 2J effective 1 July 2011Page
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2008Part 8 Certificates and licences[s
105]105Chief executive may require
information from certificateholder(1)The chief executive may, in writing,
require the holder of acertificate of registration of
registrable plant design to give thechief executive
any of the information mentioned in section104(1).(2)The holder must give the chief
executive the information, inEnglish, within
28 days after the requirement is made.(3)Theholdermustcomplywiththerequirementunlesstheholder has a reasonable excuse.Maximum penalty for subsection (3)—20
penalty units.Subdivision 4Provisions about
certificates ofregistration of registrable plant
thatis mobile crane or tower crane106Application of sdiv 4Thissubdivisionappliestocertificatesofregistrationofregistrableplantthatisamobilecraneortowercranespecified in schedule 3.107Definitions for sdiv 4In this
subdivision—certificate of registration of a mobile
crane or tower cranemeans a certificate of registration of
registrable plant that is amobile crane or
tower crane specified in schedule 3.competent
person—(a)for an
inspection of a mobile crane or tower crane that is10yearsoldoramultipleof10years—meansanengineer; or(b)foranyotherinspectionofamobilecraneortowercrane—means a
person who—Page 94Reprint 2J
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108](i)hasasoundknowledgeofrelevantAustralianStandards,relevantcodesofpracticeandotherrelevant
legislation; and(ii)has a sound
knowledge of, and competence in, theriskmanagementprocessfortheerection,operation,maintenance,repair,alterationanddismantling of cranes; and(iii)hasacquired,throughtraining,qualificationsorexperience,thenecessaryskillstodesignproceduresfortheinspection,maintenanceandrepair of the crane.108Application for certificate of registration
of a mobilecrane or tower craneAnapplicationforacertificateofregistrationofamobilecrane or tower
crane must—(a)state the age of the mobile crane or
tower crane; and(b)contain a statement by the owner of
the crane that—(i)during the period of 1 year before the
applicationwasmade,thecranehasbeenmaintainedinaccordancewiththeinstructionsofthedesignerandmanufacturer,andwithrelevantAustralianStandards,relevantcodesofpracticeandotherrelevant
legislation; and(ii)within 1 year
before the application was made, thecranehasbeeninspectedbyacompetentpersonwho has
certified that—(A)the crane has been maintained in
accordancewiththeinstructionsofthedesignerandmanufacturer,andwithrelevantAustralianStandards,relevantcodesofpracticeandother relevant legislation; and(B)the crane is safe to use; andReprint 2J effective 1 July 2011Page
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2008Part 8 Certificates and licences[s
110](c)statethename,address,contactdetailsandqualifications of the competent
person; and(d)state the date the competent person
inspected the crane.Division 3Renewal of
particular certificates110Definition for
div 3In this division—certificatemeans—(a)a certificate of registration of
registrable plant; or(b)a certificate of
authority of appointment of a workplacehealth and
safety officer; or(c)a bonded asbestos removal
certificate.111Renewal of certificate(1)The holder of a certificate may apply
to the chief executive forits renewal.(2)The
application must be—(a)made in the
approved form; and(b)supportedbyenoughinformationtoenablethechiefexecutive to
decide the application.112Application for
renewal before registration endsAnapplicationforrenewalofacertificate,otherthanacertificate of authority of appointment of a
workplace healthand safety officer, must be made at least 14
days before thecertificate ends.Page 96Reprint 2J effective 1 July
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113]113Div 2 applies to application for
renewal(1)Division 2 applies to an application
for renewal of a certificatein the same way
it applies to an application for a certificate.(2)However,thechiefexecutivemayrefuseanapplicationforrenewal of a certificate if the certificate
was—(a)issuedinerrororbecauseofadocumentorrepresentationthatisfalse,misleadingoromitsamaterial particular; or(b)obtained or made in another improper
way.Division 4Replacement and
surrender ofcertificates and licences114Replacement of certificate or
licence(1)The holder of a lost, damaged,
destroyed or stolen certificateor licence may
apply to the chief executive, in the approvedform, for a
replacement certificate or licence.(2)If
the application relates to an earthmoving or particular
cranework certificate, the application must be
accompanied by—(a)evidence,satisfactorytothechiefexecutive,oftheapplicant’s identity; and(b)astatutorydeclarationstatingthecircumstancesinwhichthecertificatewaslost,damaged,destroyedorstolen; and(c)the
fee under schedule 1 for the application.(3)If
the application relates to a licence, the application must—(a)statethecircumstancesinwhichthelicencewaslost,damaged,
destroyed or stolen; and(b)be accompanied
by—(i)evidence, satisfactory to the chief
executive, of theapplicant’s identity; andReprint 2J effective 1 July 2011Page
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Workplace Health and Safety Regulation
2008Part 8 Certificates and licences[s
115](ii)the fee under
schedule 1 for the application.(4)The
chief executive may replace the certificate or licence ifthechiefexecutiveissatisfiedithasbeenlost,damaged,destroyed or
stolen.115Surrender of certificate or
licence(1)Theholderofacertificateorlicencemaysurrenderitbynotice, in the approved form, given to
the chief executive.(2)The notice must
be accompanied by the certificate or licence.(3)The
surrender of the certificate or licence takes effect—(a)on the day on which the notice is
given; or(b)if a later day is stated in the
notice—on the later day.Division 5Suspension and
cancellation ofcertificates and licences116Grounds for suspension or
cancellation(1)The chief executive may, on any of the
grounds mentioned insubsection (2)—(a)suspend or cancel a certificate, licence or
licence class;or(b)foracorrespondingauthoritytoanearthmovingorparticularcraneworkcertificate,licenceorlicenceclass—recommend
to the recognised official who issuedtheauthoritythattheofficialsuspendorcanceltheauthority.(2)The
grounds are as follows—(a)theholderofthecertificate,licence,licenceclassorcorresponding authority—(i)has contravened the Act or this
regulation, whetherornottheholderhasbeenchargedwith,orconvicted of, an offence; orPage
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Workplace Health and Safety Regulation
2008Part 8 Certificates and licences[s
116](ii)hasnotcompliedwithaconditionofthecertificate, licence or licence class;
or(iii)has not taken
reasonable precautions or exercisedproperdiligenceinperformingthework,activityorfunctionforwhichthecertificate,licence,licenceclassorcorrespondingauthoritywasgranted;(b)thecertificate,licence,licenceclassorcorrespondingauthority
was—(i)issued in error; or(ii)issuedbecauseofadocumentorrepresentationthat was false
or misleading; or(iii)obtained in
another improper way;(c)foracertificatetoperformaprescribedactivity—thepersonwhoistosupervisetheprescribedactivityismedically unfit to supervise the
prescribed activity;(d)for a bonded
asbestos removal certificate, earthmovingorparticularcraneworkcertificate,licence,licenceclass, or
corresponding authority to an earthmoving orparticularcraneworkcertificate,licenceorlicenceclass—(i)theholderismedicallyunfittoperformworktowhichthecertificate,licence,licenceclassorcorresponding authority relates;
or(ii)theholdernolongerhasthecompetencetoperform the work to which the certificate,
licence,licenceclassorcorrespondingauthorityrelateswithout exposing
the holder or another person torisks to his or
her health or safety;(e)for an
earthmoving or particular crane work certificate,licence or licence class, if a statement of
attainment for aunitofcompetencyissuedbyaregisteredtrainingorganisationwasgiventothechiefexecutiveundersection 80 or 82
for the application for the certificate orlicence—Reprint 2J effective 1 July 2011Page
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Workplace Health and Safety Regulation
2008Part 8 Certificates and licences[s
117](i)the State has cancelled an agreement
entered intobytheregisteredtrainingorganisationforthetraining or the assessment in the
accredited coursefor which the unit of competency is
undertaken; or(ii)the registered
training organisation has, under theVocationalEducation,TrainingandEmploymentAct 2000,
section 32—(A)haditsregistrationasaregisteredtrainingorganisation suspended or cancelled;
or(B)hadapartofitsscopeofregistration,thatcoversthestatementofattainment,suspended;
or(C)had its scope of registration amended
so thatthe scope no longer covers the statement
ofattainment.(3)However, subsection (2)(e)(ii) applies only
if the suspensionof registration, suspension of part of the
scope of registration,orcancellation,wasbecauseofincorrectormisleadinginformation.117Procedure for suspension or
cancellation(1)Before taking action mentioned in
section 116(1) (proposedaction),thechiefexecutivemustgivetheholderofthecertificate, licence or corresponding
authority a written notice(show cause
notice) that—(a)states the proposed action; and(b)states the grounds for the proposed
action; and(c)outlines the facts and circumstances
forming the basisfor the grounds; and(d)if
the proposed action is—(i)suspensionofanearthmovingorparticularcraneworkcertificate,licenceorlicenceclass—statesthe proposed
period of suspension and whether ornot retraining
relating to the certificate, licence orPage 100Reprint 2J effective 1 July
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2008Part 8 Certificates and licences[s
117]licence class is to be a condition of the
suspensionending; or(ii)suspensionofanyothercertificateorarecommendation that a recognised
official suspendthecorrespondingauthority—statestheproposedperiod of the
suspension; and(e)invites the holder to show, within a
stated period of atleast28days,whytheproposedactionshouldnotbetaken.(2)If,
after considering all representations made within the statedperiod, the chief executive still considers
grounds to take theproposed action exist, the chief executive
may—(a)if the show cause notice stated a
proposal to suspend thecertificate, licence or licence
class—(i)forastatedperiodwitharequirementthatretraining is to be undertaken as a
condition of thesuspensionending—statetheconditionaboutretrainingandsuspendthecertificate,licenceorlicence class for a period no longer
than the statedperiod; or(ii)for
a stated period but did not state retraining is tobeundertakenasaconditionofthesuspensionending—suspend
the certificate, licence or licenceclass for a
period no longer than the stated period;or(b)if the show cause notice stated a
proposal to cancel thecertificate, licence or licence
class—(i)cancel the certificate, licence or
licence class; or(ii)suspendthecertificate,licenceorlicenceclass,with
or without a requirement that retraining is tobeundertakenasaconditionofthesuspensionending;
or(c)iftheshowcausenoticestatedmattersrelatingtoacorresponding
authority to an earthmoving or particularcraneworkcertificate,licenceorlicenceReprint 2J
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118]class—recommendtotheofficialwhoissuedthecorrespondingauthoritythattheofficialsuspendorcanceltheauthorityinaccordancewiththechiefexecutive’s
recommendation.(3)The chief executive must inform the
holder of the decision bywritten notice.(4)The
notice must be given within—(a)if a
notice was given to the holder under section 118 forthesamereasonastheshowcausenoticewasgivenunder subsection
(1)—5 days after the chief executivemakes the
decision; or(b)otherwise—10 days after the chief
executive makes thedecision.(5)Ifthechiefexecutivedecidestosuspendorcancelthecertificate,licenceorlicenceclass,ortorecommendthatarecognisedofficialsuspendorcancelthecorrespondingauthority, the
notice must state—(a)the reasons for the decision;
and(b)thattheholdermayappealagainstthedecisionunderpart
11 of the Act.(6)The decision takes effect on the later
of the following—(a)the day the notice is given to the
holder;(b)the day stated in the notice.118Immediate suspension of earthmoving or
particular cranework certificate, licence or licence
class(1)Thissectionappliesifthechiefexecutivereasonablybelieves—(a)anearthmovingorparticularcraneworkcertificate,licence or
licence class was—(i)issuedinerrororbecauseofadocumentorrepresentation that was false or misleading;
or(ii)obtained in
another improper way; andPage 102Reprint 2J
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119](b)the holder of the certificate, licence
or licence class orsomeone else may be exposed to substantial
risks to hisorherhealthorsafetyifurgentactiontosuspendthecertificate, licence or licence class is not
taken.(2)Thechiefexecutivemay,bynoticeundersubsection(3),immediately suspend the certificate, licence
or licence class.(3)The notice must state the
following—(a)that the certificate, licence or
licence class is suspended;(b)the
grounds for the suspension;(c)anoutlineofthefactsandcircumstancesformingthebasis of the grounds;(d)the immediate suspension has effect
until the later of thefollowing—(i)14
days after the date of the notice;(ii)if a
show cause notice is given to the holder, within10daysafterthenoticeisgiven,forproposedaction to
suspend or cancel the certificate, licenceor licence
class—(A)thechiefexecutivedecidesnottotaketheproposed action and gives written
notice totheholderthattheimmediatesuspensionends; or(B)adecisionofthechiefexecutive,ontheproposedaction,tosuspendorcancelthecertificate,licenceorlicenceclasstakeseffect;(e)thattheholdermayappealagainstthedecisiontosuspendthecertificate,licenceorlicenceclassunderpart 11 of the
Act.119Further provision about immediate
suspension(1)This section applies if notice is
given, under section 118, tothe holder of a
certificate, licence or licence class.Reprint 2J
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2008Part 8 Certificates and licences[s
120](2)The suspension has effect until the
later of the following—(a)14 days after
the notice is given;(b)if a show cause
notice is given to the holder, within 10days after the
notice is given, to suspend or cancel thecertificate,
licence or licence class—(i)the chief
executive decides not to take the proposedaction
andgiveswrittennoticetotheholderthatthe
immediate suspension ends; or(ii)a
decision of the chief executive, on the proposedaction, to suspend or cancel the
certificate, licenceor licence class takes effect.120Suspension or cancellation of
earthmoving or particularcrane work certificate, licence or
licence class onrecommendation of recognised official(1)Thissectionappliestoanearthmovingorparticularcranework
certificate, licence or licence class if—(a)a
recognised official recommends in writing to the chiefexecutive that the chief executive suspend
or cancel thecertificate, licence or licence class;
and(b)the recommendation is made only after
the official—(i)hasgiventheholderofthecertificate,licenceorlicenceclassareasonableopportunitytoshowcause why the
certificate, licence or licence classshould not be
suspended or cancelled; and(ii)hasconsideredallwrittenororalsubmissionsmade by or for
the holder to the official about whythe proposed
action should not be taken.(2)Thechiefexecutivemaysuspendorcancelthecertificate,licence or
licence class without complying with sections 116and
117.(3)Ifthechiefexecutivedecidestocancelorsuspendthecertificate, licence or licence class, the
chief executive mustgive the holder written notice about
the decision stating—Page 104Reprint 2J
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121](a)the reasons for the decision;
and(b)thattheholdermayappealagainstthedecisionunderpart
11 of the Act.(4)Thesuspensionorcancellationofthecertificate,licenceorlicence class takes effect on the day
stated in the notice, butnot earlier than 14 days after the day
the notice is given.121Ending of licence if application for
correspondingauthorityThe chief
executive may end a licence, or licence class, if theholder of the licence or licence
class—(a)applied for a corresponding authority
to the licence orlicence class; and(b)authorisedthechiefexecutive,inwriting,toendthelicence or
licence class.122Chief executive may advise recognised
official ofparticular matters(1)Subsection (2) applies if—(a)a person has applied for—(i)a licence; or(ii)a
variation of a licence to endorse another class ofhigh
risk work on the licence; and(b)the
person holds a corresponding authority to the licenceor
to the licence class to which the application relates;and(c)theapplicationwasaccompaniedbywrittenauthoritygiven by the person to the recognised
official to cancelor otherwise end the corresponding
authority.(2)The chief executive may advise the
recognised official of thematters mentioned in subsection
(1).Reprint 2J effective 1 July 2011Page
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123]123Requirement for retraining(1)The section applies in relation to a
suspension under section116(1) of any of the following—(a)an earthmoving or particular crane
work certificate;(b)a licence;(c)a
licence class.(2)Ifthesuspensionincludedarequirementforretraininginrelationtothecertificate,licenceorlicenceclass,thesuspension does not end until the
chief executive is satisfiedtheholderofthecertificate,licenceorlicenceclasshasundertakenthetrainingasstatedinthenoticegiventotheholder under
section 117(3).124Certificate or licence to be
returned(1)Apersonwhosecertificate,licenceorlicenceclassissuspended or cancelled must return the
certificate or licence towhichthesuspensionorcancellationrelatestothechiefexecutive within 14 days after the
suspension or cancellationtakes effect, unless the person has a
reasonable excuse.Maximum penalty—20 penalty units.(2)If a suspended certificate is returned
to the chief executive,the chief executive must return the
certificate to the holder ofthe certificate
at the end of the period of the suspension.(3)If
the licence to which a suspension of a licence or licenceclass relates is returned to the chief
executive and the licenceis only for 1 licence class, the chief
executive must return thelicence to the holder of the licence
at the end of the period ofthe
suspension.125Replacement licence to be issued for
remaining licenceclassIf a licence for
more than 1 licence class is not suspended orcancelled in
relation to all licence classes, the chief executivemust
issue a replacement licence for the licence to which thePage
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2008Part 8 Certificates and licences[s
126]suspension or cancellation relates, for the
class or classes ofhigh risk work that are not suspended or
cancelled.Division 6Obligation of
relevant person126Way to prevent or minimise risk
prescribed(1)Thissectionprescribeswaysofpreventingorminimisingexposure to risk
from lack of precautions or diligence.(2)Ifworkisperformedinconductingthebusinessorundertaking of a relevant person under any
of the following—(a)a certificate other than—(i)a certificate of registration of
registrable plant; or(ii)acertificateofregistrationofregistrableplantdesign; or(iii)acertificateofauthorityofappointmentofaworkplace health and safety
officer;(b)a licence;(c)acorrespondingauthoritytoanearthmovingorparticularcraneworkcertificate,licenceorlicenceclass;therelevantpersonmustnotinducetheholderofthecertificate,licenceorauthoritynottotakereasonableprecautionsorexerciseproperdiligenceinperformingthework,activityorfunctionunderthecertificate,licence,licence class or authority.Division 7Miscellaneous127Giving information for administering
Act(1)Thissectionappliesifthechiefexecutivereasonablybelieves—Reprint 2J effective 1 July 2011Page
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128](a)a relevant person is a worker’s
employer or prospectiveemployer; and(b)therelevantpersonasksforinformationmentionedinsubsection (2) about the worker;
and(c)givingtheinformationtotherelevantpersonisconsistent with the administration of
the Act.(2)The chief executive may give the
following information to therelevant
person—(a)that the worker holds or does not hold
a particular validearthmovingorparticularcraneworkcertificateorlicence to perform a class of high risk
work;(b)thenextactionthatmustbetakenbytheworkertoensure the worker continues to hold a valid
earthmovingor particular crane work certificate or
licence to performaclassofhighriskwork,including,forexample,arenewal of the certificate or
licence;(c)the date by which the action must be
taken.128Particular work encompassed in licence
classes(1)For each licence class mentioned in
schedule 7, part 1, column1, column 2 of that part states the
work, under another licenceclass, that is
encompassed in the licence class.(2)For
the licence class mentioned in schedule 7, part 2, column1,
column 2 of that part states the work, under an earthmovingor
particular crane work certificate, that is encompassed in
thelicence class.Page 108Reprint 2J effective 1 July
2011
Part
10Workplace Health and Safety Regulation
2008Part 10 Injuries, illnesses and dangerous
events[s 134]Injuries,
illnesses anddangerous events134Notifying of particular workplace
incidents(1)Thissectionappliesifanyofthefollowingworkplaceincidents happen at a workplace—(a)an incident resulting in a person
suffering a work injurythat is a serious bodily
injury;(b)an incident resulting in a person
suffering a work causedillness;(c)an
incident resulting in a dangerous event.(2)The
following persons must give the chief executive notice ofthe
workplace incident—(a)foraworkplacewhereconstructionworkisbeingperformed and a
principal contractor has been appointedfor the work—the
principal contractor;(b)for any other
workplace—(i)iftheworkplaceincidentdoesnotcauseadeath—the relevant person involved;
or(ii)if the workplace
incident causes the death of—(A)a
relevant person—the person next in chargeof the
workplace; or(B)anyotherperson—therelevantpersoninvolved.Maximum penalty—20 penalty units.(3)The person must give the
notice—(a)in the approved form within 24 hours
after the personbecomes aware of the workplace incident
happening; or(b)if the workplace incident causes a
death—(i)promptlyafterthepersonbecomesawareofthedeath; andReprint 2J
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Workplace Health and Safety Regulation
2008Part 10 Injuries, illnesses and dangerous
events[s 134](ii)intheapprovedformwithin24hoursaftertheperson becomes aware of the
death.Example of a prompt notification under
paragraph (b)(i)—a notification by phone or fax(4)Iftheworkplaceincidentinvolvesarelevantperson,oraworkerofarelevantperson,ataworkplacewhereconstructionworkisbeingperformedandaprincipalcontractorhasbeenappointedforthework,therelevantperson
must—(a)immediatelynotifytheprincipalcontractorthattheworkplace incident has happened;
and(b)givetheprincipalcontractoranyhelptheprincipalcontractormayreasonablyrequiretocompleteanapproved form under subsection (3) for the
workplaceincident.Maximum
penalty—20 penalty units.(5)Apersonrequiredtonotifythechiefexecutiveunderthissection does not commit an offence
if—(a)the person did not know, and could not
reasonably beexpected to know, of the workplace incident;
or(b)the person—(i)wasincapacitatedbytheworkcausedillnessorwork
injury; and(ii)notifies the
chief executive as soon as reasonablypracticableafterthepersonisnolongerincapacitated.(6)A
relevant person required to notify the principal contractorandgivetheprincipalcontractorhelpundersubsection(4)does
not commit an offence if—(a)therelevantpersondidnotknow,andcouldnotreasonablybeexpectedtoknow,oftheworkplaceincident;
or(b)the relevant person—Page
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2011
Workplace Health and Safety Regulation
2008Part 10 Injuries, illnesses and dangerous
events[s 135](i)wasincapacitatedbytheworkcausedillnessorwork
injury; and(ii)notifiestheprincipalcontractorassoonasreasonably practicable after the relevant
person isno longer incapacitated.135Recording particular workplace
incidents(1)Thissectionappliesifaworkplaceincidenthappensataworkplace.(2)If
the workplace incident results in a person suffering a workinjury or a work caused illness, the
following persons mustmake a record of the workplace
incident—(a)if the workplace incident happens at a
workplace whereconstructionworkisbeingperformedandaprincipalcontractorhasbeenappointedforthework—theprincipal contractor;(b)iftheworkplaceincidenthappensatanyotherworkplace—(i)if
the incident results in a worker suffering a workinjuryoraworkcausedillness—therelevantperson who is the worker’s employer;
or(ii)if the incident
results in a relevant person sufferingaworkinjuryoraworkcausedillness—therelevant
person.Maximum penalty—20 penalty units.(3)Iftheworkplaceincidentresultsinadangerousevent,thefollowingpersonsmustmakearecordoftheworkplaceincident—(a)if the workplace incident happens at a
workplace whereconstructionworkisbeingperformedandaprincipalcontractorhasbeenappointedforthework—theprincipal contractor;(b)iftheworkplaceincidenthappensatanyotherworkplace—the relevant person at the
workplace.Reprint 2J effective 1 July 2011Page
111
Workplace Health and Safety Regulation
2008Part 10 Injuries, illnesses and dangerous
events[s 136]Maximum
penalty—20 penalty units.(4)A record under
subsection (2) or (3) must be—(a)madeintheapprovedformwithin3daysaftertheperson required to makethe
record becomes aware ofthe workplace incident happening;
and(b)keptbythepersonrequiredtomaketherecordforatleast 1 year after it was made.(5)Iftheworkplaceincidentinvolvesarelevantperson,oraworkerofarelevantperson,ataworkplacewhereconstructionworkisbeingperformedandaprincipalcontractorhasbeenappointedforthework,therelevantpersonmustgivetheprincipalcontractoranyhelptheprincipalcontractormayreasonablyrequiretocompletearecord under subsection (2) or (3) for the
workplace incident.Maximum penalty—20 penalty units.(6)A person required to make a record
under this section does notcommit an
offence if—(a)the person did not know, and could not
reasonably beexpected to know, of the workplace incident;
or(b)the person—(i)wasincapacitatedbytheworkcausedillnessorwork
injury; and(ii)makes the record
as soon as reasonably practicableafter the person
is no longer incapacitated.136Scene not to be
interfered with(1)This section applies if—(a)a person suffers serious bodily injury
or a work causedillness at a workplace; or(b)a dangerous event happens at a
workplace.(2)A person must not move or otherwise
interfere with any plantorotherthingconnectedwiththeinjury,illnessoreventPage 112Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 11 Access—relevant person who is an
employer doing work that is not constructionwork[s
137]without the permission of an inspector or,
if an inspector isnot available, a police officer.Maximum penalty—20 penalty units.(3)A person does not commit an offence
against subsection (2) ifthe movement or interference is
necessary—(a)to save life or relieve suffering;
or(b)to prevent injury to a person or
property damage.Part 11Access—relevant
person whois an employer doing work thatis
not construction work137Access(1)This section applies to a relevant
person who is an employerdoing work, that is not construction
work, at a workplace.(2)The relevant
person must ensure that—(a)there is
appropriate, safe and clear access to and fromthe workplace
for each of the relevant person’s workersworking or about
to work at the workplace; and(b)all
other means of access at the workplace are safe andclear.Maximum
penalty—20 penalty units.Part 12Noise138What isexcessive
noise(1)In this part—Reprint 2J
effective 1 July 2011Page 113
Workplace Health and Safety Regulation
2008Part 12 Noise[s 139]excessive noiseis a level of
noise above—(a)an8hourequivalentcontinuousA-weightedsoundpressure level of 85dB(A), referenced to
20µPa; orEditor’s note—The
symbol for this sound pressure level is LAeq,8hof
85dB(A).‘µPa’ is the symbol for micropascals.(b)aC-weightedpeaksoundpressurelevelof140dB(C),referenced to
20µPa.Editor’s note—The
symbol for this sound pressure level is LC,peak140dB.(2)Forsubsection(1),thesoundpressurelevelistheleveldeterminedattheworker’searwithoutregardtotheprotection
available to a worker wearing hearing protectors,and
measured—(a)for an 8 hour equivalent continuous
A-weighted soundpressure level of 85dB(A)—under AS/NZS
1269.1; or(b)foraC-weightedpeaksoundpressurelevelof140dB(C)—by a sound level meter with a peak
detectorindicator complying with AS IEC
61672.1.Editor’s note—•AS/NZS1269.1(Occupationalnoisemanagement—Measurementandassessmentofnoiseimmission and
exposure)•ASIEC61672.1(Electroacoustics—Soundlevelmeters—Specifications)139Preventing risk from exposure to excessive
noise(1)Arelevantpersonwhoisanemployermustnotexposetherelevant person’s workers to excessive noise
at work.(2)Subsection (1) is a workplace health
and safety obligation forthe Act.Page 114Reprint 2J effective 1 July
2011
Part
13Workplace Health and Safety Regulation
2008Part 13 Asbestos management and
removal[s 140]Asbestos
management andremovalDivision 1Interpretation140Definitions for pt 13In this
part—asbestos management codemeans former
NOHSC documententitled ‘Code of Practice for the
Management and Control ofAsbestos in Workplaces [NOHSC:2018
(2005)]’.asbestosremovalcodemeansformerNOHSCdocumententitled ‘Code
of Practice for the Safe Removal of Asbestos[NOHSC:2002
(2005)]’.Editor’s note—Copiesofthecodesareavailableonthedepartment’swebsiteat<www.justice.qld.gov.au>.Division 2Prohibitions
relating to asbestos141Prohibited substances and prohibited
ACM(1)ArelevantpersonmustnotuseaprohibitedsubstanceorprohibitedACMmentionedinschedule9foraprohibitedpurpose
mentioned in that schedule.(2)A
relevant person who is an employer must not allow a workeroftherelevantpersontouseaprohibitedsubstanceorprohibitedACMmentionedinschedule9foraprohibitedpurpose
mentioned in that schedule.(3)Subsections(1)and(2)areworkplacehealthandsafetyobligations for
the Act.Reprint 2J effective 1 July 2011Page
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Workplace Health and Safety Regulation
2008Part 13 Asbestos management and removal[s
142]142Performing work on ACM(1)A relevant person must not perform
work on ACM other thanin accordance with the asbestos
management code.(2)A relevant person who is an employer
must not allow a workerof the relevant person to perform work
on ACM other than inaccordance with the asbestos
management code.(3)Subsections(1)and(2)areworkplacehealthandsafetyobligations for
the Act.143Cleaning ACM(1)A
relevant person must not use—(a)a
power tool or power appliance to clean ACM; orExamples of
paragraph (a)—•using an electric
sander to clean asbestos-cement sheetingbefore painting
it•using an electric wire brush to remove
an asbestos gasketfrom plant(b)a
high pressure water process to clean ACM; orExamples of
paragraph (b)—•using a water
blaster to clean an asbestos-cement sheetingroof•using a water blaster to clean up
debris left after removingan asbestos-cement sheeting
roof(c)compressed air or abrasive blasting to
clean—(i)ACM; orExample of
compliance with subparagraph (i)—using
a vacuum cleaner suitable for use with asbestos dustto
clean vehicle brake or clutch systems fitted with partscontainingasbestosratherthanblowingthedustawaywith compressed
air(ii)a surface where
ACM is present.Example of noncompliance with subparagraph
(ii)—Page 116Reprint 2J
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2008Part 13 Asbestos management and
removal[s 144]usingcompressedairtoblowdustfromclothingafterworking with asbestos-cement sheeting(2)A relevant person who is an employer
must not allow a workerof the relevant person to use—(a)a power tool or power appliance to
clean ACM; or(b)a high pressure water process to clean
ACM; or(c)compressed air or abrasive blasting to
clean—(i)ACM; or(ii)a
surface where ACM is present.(3)Subsections(1)and(2)areworkplacehealthandsafetyobligations for
the Act.Division 3On-site
management of ACM144Application of div 3(1)This division applies to a structure
or part of a structure if—(a)forastructureorpartthatisabuildingusedasaworkplace—thestructureorpartwasbuiltunderanapproval given by a local government
before 1 January1990; orExamples for
paragraph (a)—•a structure built
in 1989•a structure started in 1989 but
completed in 1990•a structure built in 1990 under an
approval given in 1989(b)forastructureorpartthatisabuildingusedasaworkplace—thestructureorpartwasbuilt,withoutapproval by a local government, before 1
January 1990;or(c)forastructureorpartthatisnotabuildingusedasaworkplace—thereisACMfixedorinstalledinthestructure or part.Reprint 2J
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Workplace Health and Safety Regulation
2008Part 13 Asbestos management and removal[s
145]Examples of a structure or part for
paragraph (c)—•fixed
plant•underground pipeline(2)However, this division does not apply
to a structure used fordomestic residential purposes.Examples of structures used for domestic
residential purposes—•house•townhouse•block
of units145Compliance with asbestos management
code(1)Theownerofthestructureorpartmustcomplywiththeasbestos management code.(2)Subsection (1) is a workplace health
and safety obligation forthe Act.Division 4Removing ACM146Removing ACM(1)ArelevantpersonmustnotremoveACMotherthaninaccordance with the asbestos removal
code.(2)If a relevant person removes ACM from
a building used fordomestic residential purposes, the relevant
person must alsocomply with the asbestos management code,
part 9.4.Editor’s note—asbestosmanagementcode,part9.4(IdentifyingACMatdomesticpremises)(3)A relevant person who is an employer
must not allow a workeroftherelevantpersontoremoveACMotherthaninaccordance with the asbestos removal
code.(4)If ACM is being or is to be removed
from a place, other than abuilding used for domestic residential
purposes—Page 118Reprint 2J
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2008Part 14 Underwater diving work[s
147](a)the owner of the place; or(b)a person engaged by the owner to
supervise or arrangefor the work to be performed;must
comply with the asbestos removal code part 7.2 as if theownerorpersonwereaclientwithinthemeaningoftheasbestos removal code.Editor’s note—asbestos removal code, part 7.2
(Responsibilities of clients)(5)Subsections(1),(2),(3)and(4)areworkplacehealthandsafety obligations for the Act.Part
14Underwater diving workDivision 1Definitions for part 14147Meaning ofunderwater diving
workUnderwater diving workmeans work
conducted underwaterwhile breathing compressed gas.148Meaning ofconstruction
diving work(1)Construction diving workmeans underwater diving work toassemble,construct,demolish,dismantle,install,clean,inspect,
maintain, remove, repair, salvage, sample, search for,photograph, film, video or make a sound
recording of a thing,or part of a thing, mentioned in
subsection (2).(2)For subsection (1), the things are as
follows—(a)a building;(b)a
bridge;(c)a pile or a structure supported by
piles;Reprint 2J effective 1 July 2011Page
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Workplace Health and Safety Regulation
2008Part 14 Underwater diving work[s
148](d)a jetty, pontoon, wharf, mooring or
slipway;(e)a navigational aid;(f)a pipe, cable or tunnel;(g)scaffolding, whether or not for use
with a building;(h)a drilling rig;(i)an
oil or gas well platform;(j)a weir or the
structure or machinery of a dam or otherartificial water
storage, other than a swimming pool oraquarium;(k)a craft or vehicle for use in, on or
above water or land.(3)Constructiondivingworkincludesunderwaterdivingworkassociatedwithdredging,reclamationoflandorotherearthworks.(4)However,constructiondivingworkdoesnotincludeunderwater
diving work—(a)forinspecting,sampling,photographing,filming,videoing or making a sound recording—(i)for the entertainment or publishing
industry; or(ii)for tourism;
or(iii)for the print or
electronic media; or(iv)for art;
or(v)for genuine scientific research;
or(vi)for scientific
management of natural resources; orExample of
subparagraph (vi)—scientific management of the Great
Barrier Reef or fishstocks(b)forinspecting,sampling,photographing,filming,videoing or making a sound recording
of—(i)anartefacttodecideitsculturalheritagesignificanceundertheQueenslandHeritageAct1992; orPage
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Workplace Health and Safety Regulation
2008Part 14 Underwater diving work[s
149](ii)anhistoricrelicorhistoricshipwreckundertheHistoric Shipwrecks Act 1976(Cwlth); or(c)for
photographing, filming, videoing or making a soundrecordingwhileandforthepurposeofconductingrecreationaldivingorrecreationaltechnicaldiving,ortrainingtogorecreationaldivingorrecreationaltechnical
diving; or(d)for photographing, filming, videoing
or making a soundrecordingofpersonsdoingrecreationaldivingorrecreationaltechnicaldivingifthephotographing,filming,
videoing or sound recording is to be used for asouvenir;
or(e)done in a marina or the ocean for
cleaning, inspecting,maintaining or searching for a vessel
or mooring solelyor mainly used in the tourism
industry.Examples of vessels used in the tourism
industry—•glass bottom
boats used for tours of a reef•boats
used to transport tourists to a reef or island•yachts hired to sail around islands•fishing charter boats(5)Itisimmaterialwhetherornotathingmentionedinsubsection (2) is floating or
wrecked.Division 2All underwater
divingwork—medical fitness to dive149Requirements about certificate of
medical fitness to dive(1)A relevant
person must not—(a)dounderwaterdivingworkunlesssubsection(2)iscomplied with; or(b)allowaworkertodounderwaterdivingworkunlesssubsection (2) is complied with.(2)For subsection (1)—Reprint 2J effective 1 July 2011Page
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2008Part 14 Underwater diving work[s
150](a)the relevant person must hold an
original or copy of acertificate of medical fitness to dive
that appears to becurrent—(i)for
subsection (1)(a)—for the relevant person; or(ii)for
subsection (1)(b)—for the worker; and(b)the
work the relevant person or worker is to do must notbecontrarytoanylimitationsondivingstatedinthecertificate.(3)The
relevant person must keep the certificate or copy for atleast 1 year after the certificate stops
being current.(4)Subsections(1)and(3)areworkplacehealthandsafetyobligations for
the Act.(5)In this section—currentfor
a certificate of medical fitness to dive means—(a)thecertificateisnotreplacedorrevokedandhasnotexpired;
and(b)is not more than 1 year old.150Contents of certificate of medical
fitness to dive(1)A certificate of medical fitness to
dive must show its date ofissue and the certificate holder’s
name.(2)If the certificate holder is at least
18, the certificate must alsoshow
that—(a)the holder is medically fit to dive in
accordance with therelevant fitness criteria; or(b)subject to a limitation on diving
stated in the certificate,the holder is medically fit to dive in
accordance with therelevant fitness criteria.(3)Ifthecertificateholderisunder18,andnolimitationsondiving are imposed on medical grounds, the
certificate mustalso show that—Page 122Reprint 2J effective 1 July
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Workplace Health and Safety Regulation
2008Part 14 Underwater diving work[s
151](a)apart from being under 18, the holder
is medically fit todive in accordance with the relevant fitness
criteria; and(b)nolimitationsondivingareneededeventhoughtheholder is under 18.(4)If
the certificate holder is under 18, and limitations on
divingareimposedonmedicalgrounds,thecertificatemustalsoshow—(a)thatsubjecttothelimitationsondivingstatedinthecertificate,theholderismedicallyfittodiveinaccordance with the relevant fitness
criteria; and(b)any limitations imposed because the
holder is under 18.(5)In this section—relevantfitnesscriteriameansthefitnesscriteriastatedinAS/NZS 2299, part 1, appendix M, paragraph
M4.Editor’s note—AS/NZS2299(Occupationaldivingoperations),part1(Standardoperational
practice), appendix M (Guidance for medical practitioners),paragraph M4 (Fitness criteria)Division 3Underwater
diving work other thanconducting recreational diving
orrecreational technical divingNote—See also division
2 (All underwater diving work—medical fitness todive).Subdivision
1Preliminary151Application of div 3Thisdivisiondoesnotapplytounderwaterdivingworkconsistingofconductingrecreationaldivingorrecreationaltechnical
diving.Reprint 2J effective 1 July 2011Page
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2008Part 14 Underwater diving work[s
152]152Meaning ofcompetent
personfor construction divingworkA
person is acompetent personfor construction
diving workif the person holds an ADAS diving
certificate under whichthe diving involved in the work may be
done.153Meaning ofcompetent
personfor other underwaterdiving
work(1)Apersondescribedinanyofthefollowingsectionsisacompetentpersonforunderwaterdivingworkotherthanconstruction
diving work—(a)section 154;(b)section 155(1) or (2);(c)section 156;(d)section 157;(e)section 158.(2)However, sections 157 and 158 do not apply
in relation to theuseofthewords‘competentperson’insection160(2)or161(2)(b).154Competent person for s 153—holder of ADAS
divingcertificate for the divingFor
section 153, the person is the holder of an ADAS divingcertificate under which the diving involved
in the underwaterdiving work may be done.155Competent person for s 153—holder of
certificationunder Australian Qualifications
Framework(1)Forsection153,thepersonistheholderofastatementofattainment from a registered training
organisation in relationto training that—(a)is
relevant in a substantial way to the work; andPage 124Reprint 2J effective 1 July
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2008Part 14 Underwater diving work[s
156](b)is provided within the registered
training organisation’sscope of registration.(2)For section 153, the person—(a)istheholderofastatementofattainmentfromaregistered training organisation in
relation to training inperforming diver rescues—(i)thatincludestheelementsofcompetencymentioned in
subsection (3); and(ii)thatisprovidedwithintheregisteredtrainingorganisation’s scope of registration;
and(b)hasacquiredthroughtraining,qualificationsorexperiencetheknowledgeandskillsmentionedintheelements of
competency and performance criteria in AS2815,parts1to4relevanttotheunderwaterdivingwork.Editor’s
note—AS2815(Trainingandcertificationofoccupationaldivers),parts
1 (Occupational SCUBA diver—Standard), 2 (Air divingto
30m), 3 (Air diving to 50m) and 4 (Bell diving)(3)Forsubsection(2)(a)(i),theelementsofcompetencyareasfollows—(a)demonstrate knowledge of diver
physiology;(b)demonstrate diver rescue
skills;(c)use supplemental oxygen.156Competent person for s 153—holder of
certificate for AS4005.2 subject areasFor section 153,
the person—(a)is the holder of a certificate showing
that the person hassuccessfullyfinishedtraininginthesubjectareasmentioned in AS 4005, part 2 from a
recreational scubatraining organisation; andReprint 2J effective 1 July 2011Page
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Workplace Health and Safety Regulation
2008Part 14 Underwater diving work[s
157]Editor’s note—AS
4005 (Training and certification of recreational divers),
part2 (Recreational SCUBA dive
supervisor)(b)hasacquiredthroughtraining,qualificationsorexperiencetheknowledgeandskillsmentionedintheelements of
competency and performance criteria in AS2815,parts1to4relevanttotheunderwaterdivingwork.157Competent person for s 153—person doing
underwaterdiving work on no more than 28 days in the
last 6 months(1)For section 153, the person is someone
who—(a)is a person mentioned in subsection
(2) or (3); and(b)is being personally supervised in the
water by a personwho—(i)isacompetentpersonforconstructiondivingwork; or(ii)is
described in section 154, 155(1) or (2) or 156;and(c)hasacquiredthroughtraining,qualificationsorexperience the knowledge and skills to do
the work in asafeway,includingasoundknowledgeofthefollowing—(i)the
application of diving physics;(ii)the
use of diving equipment, including emergencyequipment;(iii)the
use of decompression tables or dive computers;(iv)waysofcommunicatingwithadiverduringunderwater diving work;(v)how
to safely perform underwater diving work ofthe same type as
the underwater diving work;Page 126Reprint 2J effective 1 July
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2008Part 14 Underwater diving work[s
158](vi)theuse,inspectionandmaintenanceofdivingequipment and
air supply of the same type that isbeing used for
the underwater diving work;(vii) diving
physiology and first aid;(viii) provisionsoftheAct,thisregulationorAS/NZS2299,part1
relevanttotheunderwaterdivingwork.(2)For
subsection (1)(a)—(a)thepersonhasdonenounderwaterdivinginthe6months immediately before the underwater
diving workis done; and(b)before that 6 months, theperson has spent at least 15hours doing underwater diving, of which at
least 8 hours20 minutes were spent within a depth of 10m
above orbelowthemaximumdepthatwhichtheunderwaterdiving work is
being done.(3)Alternatively for subsection
(1)(a)—(a)the person has done underwater diving
work on no morethan28daysinthe6monthsimmediatelybeforetheunderwater diving work is done;
and(b)at any time, the person has spent at
least 15 hours doingunderwater diving, of which at least 8
hours 20 minuteswere spent within a depth of 10m above or
below themaximum depth at which the underwater diving
work isbeing done.158Competent person for s 153—person who is not
anAustralian citizen or permanent resident
doingunderwater diving work for a relevant
organisation(1)For section 153, the person is someone
who—(a)is not an Australian citizen or
permanent resident; and(b)has done no
underwater diving work in Queensland inthe 6 months
immediately before the underwater divingwork is done;
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Workplace Health and Safety Regulation
2008Part 14 Underwater diving work[s
158](c)isdoingtheunderwaterdivingworkforarelevantorganisation
for—(i)genuine scientific research; or(ii)scientific
management of natural resources; andExample of
scientific management for subparagraph (ii)—scientific management of the Great Barrier
Reef or fishstocks(d)hasacquiredthroughtraining,qualificationsorexperiencetheknowledgeandskillsmentionedintheelements of
competency and performance criteria in AS2815,parts1to4relevanttotheunderwaterdivingwork; and(e)has
spent at least 60 hours doing underwater diving, ofwhich at least 8 hours 20 minutes were spent
within adepthof10maboveorbelowthemaximumdepthatwhich the underwater diving work is
being done; and(f)holds a letter (aletter of
authorisation) from a relevantorganisation
that—(i)contains the information mentioned in
subsection(2); and(ii)is
dated and signed by a person in the organisationwho
is authorised to sign the letter.(2)The
letter of authorisation must state the following—(a)the name of the relevant
organisation;(b)the relevant organisation’s ABN, if
any;(c)the relevant organisation’s ACN, if
any;(d)the relevant organisation’s place of
business;(e)the name of the person who is to do
underwater divingwork;(f)that
the person is to do underwater diving work for therelevant organisation for—(i)genuine scientific research; orPage
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Workplace Health and Safety Regulation
2008Part 14 Underwater diving work[s
159](ii)scientific
management of natural resources;(g)the
date the underwater diving work is to start and end;(h)the location of the underwater diving
work;(i)thetaskstobeperformedbythepersonduringtheunderwater diving work;(j)that
the relevant organisation is satisfied the person hasacquiredthroughtraining,qualificationsorexperiencetheknowledgeandskillstodotheunderwaterdivingwork
in a safe way.(3)In this section—permanent
residentmeans the holder of a permanent visa
asdefined by theMigration Act
1958(Cwlth), section 30(1).relevant
organisationmeans an organisation involved in—(a)genuine scientific research; or(b)scientific management of natural
resources.Note—However,seedivision1,subdivision2A(Prohibitionrelatingtocompetent persons under section
158).Subdivision 2Proof of
competency for underwaterdiving work other than
constructiondiving work159Proof
of competency(1)Thissectionappliestounderwaterdivingworkotherthanconstruction
diving work.(2)A relevant person must not—(a)dounderwaterdivingworkunlesssubsection(3)iscomplied with; or(b)allowaworkertodounderwaterdivingworkunlesssubsection (3) is complied with.Reprint 2J effective 1 July 2011Page
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2008Part 14 Underwater diving work[s
159A](3)For subsection (2)—(a)therelevantpersonmustholdproofthattherelevantpersonorworkerisacompetentpersonforthework;and(b)the work the
relevant person or worker is to do must notbecontrarytoanyrestrictionsstatedintheproofofcompetency.(4)The
relevant person must keep the proof of competency for atleast1yearaftertheworkdoneundersubsection(2)inreliance on the proof of competency
ends.(5)Subsections(2)and(4)areworkplacehealthandsafetyobligations for
the Act.Subdivision 2AProhibition
relating to competentpersons under section 158159AProhibition relating to competent
persons under s 158(1)A relevant person must not—(a)iftherelevantpersonisacompetentpersonundersection 158—do underwater diving work in any
of thecircumstances mentioned in subsection (2);
or(b)allow a worker who is a competent
person under section158todounderwaterdivingworkinanyofthecircumstances mentioned in subsection
(2).(2)The circumstances are that the diver
will—(a)be at a depth of more than 30m;
or(b)use a tool powered by anything other
than a person; or(c)be doing work requiring a
decompression stop; or(d)beatriskofbeinginjuredortrappedasaresultofanyone’suseofmechanicalliftingequipmentorabuoyancy lifting device; orPage
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160](e)be underneath something that would
require the diver tomove sideways, other than at an
upwards angle, if thediver were to attempt to
ascend.(3)Subsection (1) is a workplace health
and safety obligation forthe Act.Subdivision
3Risk assessment and controlmeasure process at particularstages160Process to be carried out before work
starts(1)This section applies to underwater
diving work to be done bya relevant person.(2)Before the work starts, the relevant person
must ensure thatthe process under subsection (3) (theprocess) is carried out
bya competent person for the underwater diving
work.Maximum penalty—30 penalty units.(3)The process is—(a)identify the hazards associated with the
work; and(b)assess the risk of death, illness or
injury that may resultbecause of the hazards; and(c)decide on and implement control
measures to prevent, orminimise the level of, exposure to the
risks.(4)The assessment of risk must take into
account—(a)thelevelofcompetenceinunderwaterdivingoftheperson who is to
do the work; and(b)eachfactormentionedinAS/NZS2299,part1,appendix D, paragraph D2.4.(5)In deciding on the control measures,
the hierarchy of controlmeasuresmentionedinAS/NZS2299,part1,appendixD,paragraph D3.2(a) to (f) must be taken into
account.Reprint 2J effective 1 July 2011Page
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161]Editor’s note—•AS/NZS 2299 (Occupational diving
operations), part 1 (Standardoperationalpractice),appendixD(Hazardidentification,riskassessment and control), paragraph D2.4
(Factors for consideration)•AS/NZS 2299
(Occupational diving operations), part 1 (Standardoperationalpractice),appendixD(Hazardidentification,riskassessment and control), paragraph D3.2
(Control measures)161Process to be carried out each time
there is a significantchange(1)This
section applies if the process has been carried out undersection 160(2).(2)Each
time there is a change mentioned in subsection (3), therelevant person—(a)if
the work has started—must ensure that the work stopsimmediately; and(b)must
not start or restart the work, or allow the work tostartorrestart,unlessacompetentpersonfortheunderwaterdivingwork,whoisoutofthewater,hascarried out the process again.Maximum penalty—30 penalty units.(3)For subsection (2), the change
is—(a)a significant change in the way the
work is to be donefromthewaytheunderwaterdivingworkwastobedone when the
process was last carried out for the work;or(b)asignificantadversechangeintheenvironmentalconditionsaffectingthedivingfromtheconditionsprevailing when
the process was last carried out for thework.Examples of adverse changes in environmental
conditions—•reducedunderwatervisibilityresultingfromworktasksdisturbing sediment•increased current and surge actionPage
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162]162Work not to start or restart unless
diver has read,understood and signed record of
process(1)This section applies if the process
has been carried out undersection 160(2) or section
161(2).(2)The relevant person must not start or
restart the underwaterdivingworkunlesstherelevantpersonandeachoftherelevant person’s workers doing
underwater diving work—(a)has read and
understood the record of the process madeunder section
163; and(b)signedanacknowledgement,ontherecord,thattherelevant person or worker has read the
record.Maximum penalty—30 penalty units.163Record to be kept for each time
process is carried out(1)This section
applies if the process has been carried out undersection 160(2) or section 161(2).(2)The relevant person must ensure that a
written record is madeof the following for the process
before the underwater divingwork is started
or restarted or is allowed to start or restart—(a)the
date the process is carried out;(b)the
date the work is to start or restart and end;(c)the
work;(d)the location of the dive site;(e)thenameofeachpersonatthedivesitewhowillbeinvolved in the work;(f)each
hazard identified;(g)for each hazard identified—the
assessment of the risk ofdeath,illnessorinjurythatmayresultbecauseofthehazard;(h)each control measure decided
on.Maximum penalty—30 penalty units.Reprint 2J effective 1 July 2011Page
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2008Part 14 Underwater diving work[s
164](3)The relevant person must—(a)makethewrittenrecordoftheprocessavailableforinspection, out of the water at the dive
site, by anyoneinvolved in the work; and(b)keep the record for at least 1 year
after the last day it isused for the work.Maximum
penalty—30 penalty units.164Control measure
to be in place and monitored andreviewed(1)This section applies if a control
measure (anoriginal controlmeasure) is
implemented under this subdivision for a risk.(2)Therelevantpersonwhoimplementedtheoriginalcontrolmeasure must ensure that, while the risk
exists—(a)the original control measure is kept
in place; or(b)adifferentcontrolmeasurenecessarytoprevent,orminimisethelevelof,exposuretotheriskisimplemented and kept in place.Maximum penalty—30 penalty units.(3)Therelevantpersonwhoimplementedtheoriginalcontrolmeasure must monitor and review the
effectiveness of—(a)the original control measure;
or(b)adifferentcontrolmeasureimplementedundersubsection (2)(b).Maximum
penalty—30 penalty units.Page 134Reprint 2J
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Subdivision 4Workplace Health
and Safety Regulation 2008Part 14 Underwater diving work[s
165]Dive safety log165Dive
safety log—log must be kept(1)A
relevant person must ensure that a dive safety log is keptabout each dive done by the relevant person
or a worker of therelevant person doing underwater diving
work.Example of dives for which information must
be recorded in a dive safetylog kept by a
relevant person who is an individual—a
dive by a worker or by the relevant personMaximum
penalty—30 penalty units.(2)The dive safety
log must be written and comply with section166.166Dive safety log—required information
about dives(1)The dive safety log must state the
following information—(a)the diver’s
name;(b)the name of any diver with whom the
dive is done;(c)the name of any dive
supervisor;(d)the date and location of the
dive;(e)time in;(f)time
out;(g)maximum depth of the dive;(h)any incident, problem, discomfort or
injury experiencedor suffered by the diver;(i)ifthedivewasdoneusingadivecomputer—thedivetime;(j)ifthedivewasdoneusingdivetables—therepetitivedive group, if
available, and either bottom time or divetime;Reprint 2J effective 1 July 2011Page
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2008Part 14 Underwater diving work[s
167](k)if the repetitive dive group and
surface interval result inarepetitivefactor—thesurfaceintervalandtherepetitive factor.(2)If
the underwater diving work is done using EANx, the divesafety log must also state the following
information—(a)oxygen content of the EANx;(b)maximum operating depth for the
EANx.(3)If the underwater diving work is done
using mixed gas, thedive safety log must also state the
following information—(a)oxygencontentandnitrogencontent,ifany,ofthemixed gas;(b)maximum operating depth for the mixed
gas;(c)minimum operating depth of the bottom
mix.(4)The information mentioned in this
section must be entered inthe dive safety log as soon as
practicable.167Dive safety log—diver must sign
log(1)On completion of each dive in relation
to which a dive safetylog must be kept, the diver must
verify the diver’s return fromthe dive—(a)by signing the dive safety log entry
for the diver; or(b)if the log is kept electronically—by
entering in the logentry the name of, and a unique identifier
for, the diver.Example of a log kept electronically—a record kept by computerMaximum penalty—10 penalty units.(2)The signature or entry must be made as
soon as practicable.Example—The
diver’s signature in the dive safety log is an important check
onwhether a diver has returned to the boat.
Accordingly, the signatureneeds to be made as soon as the diver
has removed necessary gear anddried the diver’s
hands. However, conditions in open boats, or numerousPage
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Workplace Health and Safety Regulation
2008Part 14 Underwater diving work[s
168]dives by the 1 diver in a single day, may
make it impracticable to signthe dive safety
log until the end of the diver’s diving for the day.168Dive safety log—further signing of
log(1)The relevant person must ensure that a
person verifies for therelevant person, in the way stated in
subsection (2), that—(a)the dive safety
log entry for the diver has been made asrequired under
section 165; and(b)the diver has complied with section
167 for the entry.Maximum penalty—20 penalty units.(2)The way is—(a)by
signing the log entry; or(b)if the log is
kept electronically—by entering in the logentrythenameof,andauniqueidentifierfor,theperson.(3)The
signature or entry must be made as soon as practicable.169Dive safety log—log to be kept for at
least 1 yearTherelevantpersonmustkeepthedivesafetylogrequiredunder this
subdivision for at least 1 year after the last entry init
is made.Maximum penalty—20 penalty units.Subdivision 5Provisions
relating only toconstruction diving work170ADAS
diving certificate for the diving is required(1)A
relevant person must not—(a)doconstructiondivingworkunlesssubsection(2)iscomplied with; orReprint 2J
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2008Part 14 Underwater diving work[s
171](b)allowaworkertodoconstructiondivingworkunlesssubsection (2) is complied with.(2)For subsection (1)—(a)the relevant person must hold an
original or copy of anADASdivingcertificateforthefollowingpersons,underwhichthedivinginvolvedintheworkmaybedone—(i)for subsection (1)(a)—the relevant
person;(ii)for subsection
(1)(b)—the worker; and(b)the work the
relevant person or worker is to do must notbe contrary to
any restrictions stated in the certificate.(3)The
relevant person must keep the certificate or copy for atleast1yearaftertheworkdoneundersubsection(1)inreliance on the certificate or copy
ends.(4)Subsections(1)and(3)areworkplacehealthandsafetyobligations for
the Act.171Dive supervisor(1)A
relevant person must not—(a)doconstructiondivingworkunlesssubsection(2)iscomplied with; or(b)allowaworkertodoconstructiondivingworkunlesssubsection (2) is complied with.(2)For subsection (1)—(a)someonemusthavebeenappointedasthedivesupervisorfortheworkorforthedivesitewherethework is to be done (thedive
supervisor); and(b)the
dive supervisor must—(i)hold an ADAS
diving certificate under which thediving involved
in the work may be done; and(ii)personally supervise the work from a
position outof the water at the dive site; andPage
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172](iii)beabletocommunicatedirectlywitheachdiverbeing
supervised.(3)Adivesupervisormaysupervisemorethan1diveratthesame time.(4)Subsection (1) is a workplace health and
safety obligation forthe Act.172Stand-by diver(1)A
relevant person must not—(a)do construction
diving work unless subsection (2) or (3)is complied
with; or(b)allowaworkertodoconstructiondivingworkunlesssubsection (2) or (3) is complied
with.(2)For subsection (1)—(a)someone must have been appointed as
stand-by diver fortheworkorforthedivesitewheretheworkistobedone (thestand-by diver); and(b)the stand-by diver must—(i)be allowed under sections 149 and 170
to make thedive; and(ii)hold
an ADAS diving certificate under which thediving involved
in the work may be done; and(iii)be
out of the water; and(iv)beunderthesupervisionofthedivesupervisor;and(v)be fully equipped and otherwise ready
to dive to goto the rescue of the diver doing the work;
and(vi)be available to
rescue the diver.(3)Alternatively for subsection
(1)—(a)the diver is 1 of only 2 divers who
are under the waterand under the supervision of the same dive
supervisor;andReprint 2J effective 1 July 2011Page
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Workplace Health and Safety Regulation
2008Part 14 Underwater diving work[s
173](b)each diver—(i)can
clearly see the other diver; and(ii)can
immediately go to the rescue of the other diver;and(iii)must not be
substantially obstructed from reachingthe other diver;
and(iv)mustbeallowedundersections149and170tomake
the dive.(4)A stand-by diver can not be the dive
supervisor.(5)A stand-by diver may be the stand-by
diver for some or all ofthediversdivingunderthesupervisionofthesamedivesupervisor.(6)Subsection (1) is a workplace health and
safety obligation forthe Act.173Recompression chamber and qualified
operator(1)A relevant person must not—(a)dorestricteddivingworkunlesssubsection(2)iscomplied with; or(b)allowaworkertodorestricteddivingworkunlesssubsection (2) is complied with.(2)For subsection (1)—(a)anoperationalrecompressionchambermustbeat,ornear, the dive
site where the work is to be done; and(b)a
person must be at the dive site or chamber to operatethe
chamber; and(c)the person must hold an ADAS diving
certificate for thecategory—(i)air
diving to 50m (AS 2815, part 3); or(ii)bell
diving (AS 2815, part 4).Page 140Reprint 2J
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174](3)For subsection (2)(a), a recompression
chamber is operationalif—(a)thechamberisfullyoperationalandcomplieswithAS/NZS2299,part1,clause4.2aspublishedon31August 2007, other than clause
4.2.2(f) or 4.2.8; and(b)theequipmentmentionedinclause4.4,otherthanclause 4.4.4, of that standard is available
at the chamber.Editor’s note—•AS/NZS 2299 (Occupational diving
operations), part 1 (Standardoperationalpractice),clause4.2(Chamberdesign,construction,fittings and
services)•AS/NZS 2299 (Occupational diving
operations), part 1 (Standardoperational
practice), clause 4.4 (Medical equipment)(4)Forsubsection(2)(a),arecompressionchamberisnearthedive
site if a diver could be moved to the chamber in 5 minutesfrom
where the diver doing the work enters the water, if thediver were unconscious when the diver leaves
the water.(5)Subsection (1) is a workplace health
and safety obligation forthe Act.(6)In
this section—restricted diving workmeans
construction diving work—(a)at a depth of
over 30m; or(b)requiring a decompression stop.174Recompression chamber not to be
operated withoutappropriate qualifications(1)This section applies if a relevant
person—(a)is doing construction diving work;
andNote—Arelevantpersonisdoingconstructiondivingworkiftherelevantpersonoraworkeroftherelevantpersonisdoingconstruction
diving work.Reprint 2J effective 1 July 2011Page
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Workplace Health and Safety Regulation
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175](b)has a recompression chamber under the
control of therelevant person.(2)The
relevant person must not—(a)operatetherecompressionchamberunlesssubsection(3) is complied
with; or(b)allowaworkertooperatetherecompressionchamberunless subsection (3) is complied
with.(3)For subsection (2), the relevant
person must hold an originalorcopyofanADASdivingcertificate,forthepersonoperating the
chamber, for the category—(a)air diving to
50m (AS 2815, part 3); or(b)bell diving (AS
2815, part 4).(4)The relevant person must keep the
certificate or copy for atleast 1 year after a recompression
chamber is operated undersubsection (2) in reliance on the
certificate or copy.(5)Subsections(2)and(4)areworkplacehealthandsafetyobligations for
the Act.175When using open circuit scuba is
prohibited(1)A relevant person must not—(a)do construction diving work using open
circuit scuba inany of the circumstances mentioned in
subsection (2); or(b)allowaworkertodoconstructiondivingworkusingopencircuitscubainanyofthecircumstancesmentioned in
subsection (2).(2)The circumstances are that the diver
will—(a)be at a depth of over 30m; or(b)use a tool powered by anything other
than a person; or(c)be doing work requiring a
decompression stop; or(d)beatriskofbeinginjuredortrappedasaresultofanyone’suseofmechanicalliftingequipmentorabuoyancy lifting device; orPage
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Workplace Health and Safety Regulation
2008Part 14 Underwater diving work[s
176](e)be underneath something that would
require the diver tomove sideways, other than at an
upwards angle, if thediver were to attempt to
ascend.(3)Subsection (1) is a workplace health
and safety obligation forthe Act.176Work
below 50m using SSBA supplying compressed airprohibited(1)A relevant person must not—(a)doconstructiondivingworkatadepthofover50musing SSBA supplying compressed air;
or(b)allow a worker to do construction
diving work at a depthof over 50m using SSBA supplying
compressed air.(2)Subsection (1) is a workplace health
and safety obligation forthe Act.Division 4Conducting recreational diving orrecreational technical diving177Ways to prevent or minimise risks
prescribed(1)Thisdivisionprescribeswaysofpreventingorminimisingexposure to the
risk of death, illness or injury associated withconducting recreational diving or
recreational technical divingas part of a
relevant person’s undertaking in the circumstancesmentioned in this division.(2)Apersonmaydischargetheperson’sworkplacehealthandsafety obligation for exposure to the risk
in the circumstancesmentioned in this division only by
following the prescribedways.(3)This
division does not deal with all circumstances that mayexposeapersontoariskassociatedwithconductingrecreational
diving or recreational technical diving as part of arelevant person’s undertaking.Reprint 2J effective 1 July 2011Page
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178]178Count of all persons on board to be
made and recorded(1)Thissectionappliesifarelevantpersonusesaboattotransport persons to, or to the vicinity of,
a recreational divingor recreational technical diving
site.(2)Before the boat departs for the site,
the relevant person mustensure a crew member—(a)counts all persons on board;
and(b)makes a written record of the count;
andNote—Under theActsInterpretationAct1954,writingincludes anymode of
representing or reproducing words in a visible form.(c)verifies the count—(i)by signing the record; or(ii)if the record is
made electronically—by entering inthe record the
name of, and a unique identifier for,the crew
member.Example of a record made
electronically—a record made on a computer(3)If anyone leaves the boat permanently
for alternative transporttoshoreoranothervessel,orifanadditionalpersonpermanently joins the boat, the relevant
person must ensure acrew member—(a)counts the persons leaving the boat as they
leave it; and(b)counts the persons boarding the boat
as they board it;and(c)makes a written
record of each of the counts; and(d)makesawrittenrecordofthenumberofpersonscurrently on
board; and(e)verifies the informationrecordedunderparagraphs (c)and (d)—(i)by signing the record; orPage
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2008Part 14 Underwater diving work[s
179](ii)if the record is
made electronically—by entering inthe record the
name of, and a unique identifier for,the crew
member.(4)Beforetheboatdepartsfromthesiteoritsvicinity,therelevant person must ensure a crew
member—(a)counts the persons on board;
and(b)makes a written record of the count;
and(c)compares the count with the last count
recorded underthis section to ensure the counts agree;
and(d)makes a written record of the
comparison; and(e)verifiestheinformationrecordedunderparagraph(b),and the
comparison—(i)by signing the record; or(ii)if the record is
made electronically—by entering inthe record the
name of, and a unique identifier for,the crew
member.(5)The relevant person must keep each
record made under thissection for at least 1 year.179Medical conditions of resort
divers(1)Thissectionappliesifarelevantpersonintendstoconductresort diving
for a person.(2)The relevant person may allow the
person to do resort divingonly if—(a)thepersonfirstgivestherelevantpersonamedicaldeclarationintheapprovedformabouthisorhermedical fitness
to dive; and(b)the relevant person, or someone on his
or her behalf—(i)has read the declaration; and(ii)doesnotknoworsuspectthatthedeclarationisfalse or misleading; andReprint 2J
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2008Part 14 Underwater diving work[s
180](iii)hasassessedtheperson’sfitnesstodive,havingregard to the declaration; and(iv)decides it is
reasonable to allow the person to dive.Example of the
process of assessment and decision—A
declaration discloses a medical condition. The relevant
personthenseeksmedicaladvice.Inaccordancewiththemedicaladvice, the
relevant person decides that it is reasonable to allowthe
person to dive.180Lookout and rescuer(1)Thissectionappliesifarelevantpersonisconductingrecreationaldivingorrecreationaltechnicaldivingfor1ormore
persons.(2)The relevant person may allow the
persons to do the divingonly while there is at least 1 person
acting as lookout for thediving.(3)The
lookout must—(a)be positioned out of the water where
the lookout can seethe whole area where the diving is taking
place; and(b)be solely engaged in being the
lookout; and(c)beabletorecogniserelevanthazardsanddiversindifficulty; and(d)be
able to either—(i)rescue a diver; or(ii)direct a person who is immediately available
andcapable of rescuing a diver to rescue a
diver; and(e)be able to either—(i)provide first aid including expired air
resuscitation,oxygenresuscitationandexternalcardiaccompression; or(ii)direct a person who is immediately available
andcapableofprovidingthefirstaidtoprovidethefirst aid.Page 146Reprint 2J effective 1 July
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2008Part 14 Underwater diving work[s
181](4)Alookoutistakentobeactingaslookoutwhileoccupiedunder subsection
(3)(d) or (e) if—(a)the relevant person, or someone on his
or her behalf, hasconducted a proper assessment of the risks
involved innothavinganotherpersonavailabletoactaslookoutwhile the
lookout is occupied under subsection (3)(d) or(e); and(b)it is reasonable having regard to
those risks not to haveanother person available to act as
lookout.181Supervision of resort divers(1)This section applies if a relevant
person is conducting resortdiving for 1 or
more persons.(2)The relevant person must ensure that
each person doing resortdiving is supervised in the water by a
dive instructor or a diveinstructor assisted by a certified
assistant.(3)A dive instructor must not supervise
more than 4 resort diversat a time.(4)Adiveinstructorassistedbyacertifiedassistantmustnotsupervise more than 6 resort divers at
a time.(5)In this section—certifiedassistantmeansapersonwhoholdsacurrentqualification
from a recreational scuba training organisation,designed to qualify the person to assist a
dive instructor.diveinstructormeansapersonwhoholdsacurrentqualification
from a recreational scuba training organisation,designed to qualify the person as a scuba
instructor.182Dive safety log(1)Thissectionappliesifarelevantpersonintendstoconductrecreationaldivingorrecreationaltechnicaldivingfor1ormore
persons.Reprint 2J effective 1 July 2011Page
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2008Part 14 Underwater diving work[s
182](2)The relevant person must ensure a
written dive safety log iskept.(3)Thedivesafetylogmustcontaintherequiredinformationabout—(a)each dive conducted by the relevant
person; and(b)eachdivedonebytherelevantpersonortherelevantperson’s workers in conducting the
dive.(4)Subjecttosubsections(5)and(6),thefollowingistherequired information—(a)the diver’s name;(b)the
name of any diver with whom the dive is conducted;(c)the dive supervisor’s name;(d)the date and location of the
dive;(e)time in;(f)time
out;(g)maximum depth of the dive;(h)any incident, problem, discomfort or
injury experiencedor suffered by the diver;(i)ifthedivewasdoneusingadivecomputer—thedivetime;(j)ifthedivewasdoneusingdivetables—therepetitivedive group and
either bottom time or dive time;(k)if
the repetitive dive group and surface interval result inarepetitivefactor—thesurfaceintervalandtherepetitive factor.(5)ThefollowingistheadditionalinformationrequirediftherecreationaltechnicaldivingisintendedtobedoneusingEANx
with scuba or an EANx rebreather—(a)oxygen content of the EANx;(b)maximum operating depth for the gas
being used.Page 148Reprint 2J
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2008Part 14 Underwater diving work[s
182](6)Thefollowingistheadditionalinformationrequirediftherecreationaltechnicaldivingisintendedtobedoneusingmixed gas with scuba or a mixed gas
rebreather—(a)oxygencontentandnitrogencontent,ifany,ofthemixed gas;(b)maximum operating depth for the mixed
gas;(c)minimum operating depth of the bottom
mix.(7)Oncompletionofarecreationaldiveorarecreationaltechnical dive,
a diver must verify the diver’s return from thedive—(a)by signing the dive safety log entry
for the diver; orNote—The entry may be
only partially completed when the diver signsit or enters his
or her name and identifier. See subsection (10).(b)if the log is kept electronically—by
entering in the logentry the name of, and a unique identifier
for, the diver.Example of a log kept electronically—a record kept by computer(8)Thedivesupervisor,orapersonauthorisedbytherelevantperson, must
verify, in either of the following ways, that thedive
safety log entry for the diver has been completed, and thediver’s return from the dive has been
verified by the diver, asrequired under subsections (2) to
(7)—(a)by signing the log entry;(b)if the log is kept electronically—by
entering in the logentry the name of, and a unique identifier
for, the divesupervisor or authorised person.(9)The master of a boat used in
connection with the diving, or aperson
authorised by the relevant person, must verify, in eitherofthefollowingways,thatthedivesafetyloghasbeencompleted, and verified, as required under
subsections (2) to(8)—(a)by
signing the log entry;Reprint 2J effective 1 July 2011Page
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Workplace Health and Safety Regulation
2008Part 15 Conducting recreational
snorkelling[s 183](b)if
the log is kept electronically—by entering in the logentry the name of, and a unique identifier
for, the masteror authorised person.(10)Each
entry and signature in the dive safety log must be madeas
soon as possible.Example—The
signature of the diver in the dive safety log is an important check
onwhether a diver has returned to the boat.
Accordingly, the signatureneeds to be made as soon as the diver
has removed necessary gear anddried the diver’s
hands.(11)The relevant
person must keep the dive safety log for at least 1year.Part 15Conducting recreationalsnorkelling183Ways
to prevent or minimise risks prescribed(1)Thispartprescribeswaysofpreventingorminimisingexposure to the
risk of death, illness or injury associated withconductingrecreationalsnorkellingaspartofarelevantperson’s
undertaking in the circumstances mentioned in thispart.(2)Apersonmaydischargetheperson’sworkplacehealthandsafety obligation for exposure to the risk
in the circumstancesmentioned in this part only by
following the prescribed ways.(3)This
part does not deal with all circumstances that may exposeapersontorisksassociatedwithconductingrecreationalsnorkelling as
part of a relevant person’s undertaking.Page 150Reprint 2J effective 1 July
2011
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2008Part 15 Conducting recreational
snorkelling[s 184]184Count
of all persons on board to be made and recorded(1)Thissectionappliesifarelevantpersonusesaboattotransportpersonsto,ortothevicinityof,arecreationalsnorkelling
site.(2)Before the boat departs for the
recreational snorkelling site,the relevant
person must ensure a crew member—(a)counts all persons on board; and(b)makes a written record of the count;
and(c)verifies the count—(i)by signing the record; or(ii)if the record is
made electronically—by entering inthe record the
name of, and a unique identifier for,the crew
member.Example of a record made
electronically—a record made on a computer(3)If anyone leaves the boat permanently
for alternative transporttoshoreoranothervessel,orifanadditionalpersonpermanently joins the boat, the relevant
person must ensure acrew member—(a)counts the persons leaving the boat as they
leave it; and(b)counts the persons boarding the boat
as they board it;and(c)makes a written
record of each of the counts; and(d)makesawrittenrecordofthenumberofpersonscurrently on
board; and(e)verifies the informationrecordedunderparagraphs (c)and (d)—(i)by signing the record; or(ii)if the record is
made electronically—by entering inthe record the
name of, and a unique identifier for,the crew
member.Reprint 2J effective 1 July 2011Page
151
Workplace Health and Safety Regulation
2008Part 15 Conducting recreational
snorkelling[s 185](4)Before the boat departs from the
recreational snorkelling siteoritsvicinity,therelevantpersonmustensureacrewmember—(a)counts the persons on board;
and(b)makes a written record of the count;
and(c)compares the count with the last count
recorded underthis section to ensure the counts agree;
and(d)makes a written record of the
comparison; and(e)verifiestheinformationrecordedunderparagraph(b),and the
comparison—(i)by signing the record; or(ii)if the record is
made electronically—by entering inthe record the
name of, and a unique identifier for,the crew
member.(5)The relevant person must keep each
record made under thissection for at least 1 year.185Advice about medical conditions(1)Thissectionappliesifarelevantpersonintendstoconductrecreational
snorkelling for 1 or more persons.(2)The
relevant person must ensure that each person who intendsto
do the recreational snorkelling is advised that—(a)snorkelling can be a strenuous
physical activity and mayincrease the health and safety risks
for persons sufferingfrom—(i)any
medical condition that may be made worse byphysicalexertion,forexample,heartdisease,asthma and some
lung complaints; or(ii)anymedicalconditionthatcanresultinlossofconsciousness,forexample,someformsofepilepsy and some diabetic conditions;
or(iii)asthma that can
be brought on by cold water or saltwater mist;
andPage 152Reprint 2J
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Workplace Health and Safety Regulation
2008Part 15 Conducting recreational
snorkelling[s 186](b)thepersonshouldtellthelookout,snorkellingsupervisororsnorkellingguideifthepersonhasanyconcerns about a
medical condition.186Lookout, guide and rescuer(1)Thissectionappliesifarelevantpersonisconductingrecreational
snorkelling for 1 or more persons.(2)The
relevant person may allow the persons to do recreationalsnorkelling only if—(a)thereisatleast1personactingaslookoutforthesnorkelling; or(b)the
snorkelling is done with a guide and—(i)the
guide is guiding 10 snorkellers or less; and(ii)the
guide has conducted a proper assessment of therisks involved
in not having a lookout; and(iii)it
is reasonable having regard to those risks not tohave
a lookout.(3)The lookout must—(a)be
positioned out of the water where the lookout can seethe
whole area where the snorkelling is taking place; and(b)be solely engaged in being the
lookout.(4)The lookout or guide must—(a)be able to recognise relevant hazards
and snorkellers indifficulty; and(b)be
able to either—(i)rescue a snorkeller; or(ii)direct a person
who is immediately available andcapableofrescuingasnorkellertorescueasnorkeller; and(c)be
able to either—Reprint 2J effective 1 July 2011Page
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Workplace Health and Safety Regulation
2008Part 16 Hazardous substances[s
187](i)provide first aid including expired
air resuscitation,oxygenresuscitationandexternalcardiaccompression; or(ii)direct a person who is immediately available
andcapableofprovidingthefirstaidtoprovidethefirst aid.(5)A
lookout is taken to be acting as lookout and a guide is
takento be acting as a guide while occupied under
subsection (4)(b)or (c) if—(a)the
relevant person, or someone on his or her behalf, hasconducted a proper assessment of the risks
involved innot having another person available to act
as lookout oras a guide while the lookout or guide is
occupied undersubsection (4)(b) or (c); and(b)it is reasonable having regard to
those risks not to haveanother person available to act as
lookout or as a guide.Part 16Hazardous
substancesDivision 1Definitions187Meaning ofexposedA
person isexposedto a hazardous
substance if the personabsorbs, or is likely to absorb, the
substance—(a)by ingestion or inhalation; or(b)through the skin or mucous
membrane.187AMeaning ofGHSIn
this part—Page 154Reprint 2J
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Workplace Health and Safety Regulation
2008Part 16 Hazardous substances[s
188]GHSmeanstheGloballyHarmonisedSystemofClassificationandLabellingofChemicalspublishedbytheUnited
Nations.Editor’s note—Atthecommencementofthisdefinition,theGHSisavailableat<www.unece.org/trans/danger/publi/ghs/ghs_welcome_e.html>.188Meaning ofhazardous
substance(1)In this part, other than division
4—hazardous substancemeans—(a)a designated hazardous substance;
or(b)a substance that is not a designated
hazardous substancebut meets the approved criteria; or(c)a substance that is classified as a
hazardous substanceunder the GHS.(2)However, a hazardous substance does not
include—(a)lead; or(b)a
substance containing a disease causing organism; or(c)a radioactive substance; or(d)a substance used at a workplace for
personal or sanitaryuse not related to a work
activity.Example of subsection (2)(d)—skincreambroughtintotheworkplacebyaworkerfortheworker’spersonaluse,butnotaskincreamsuppliedattheworkplace for removing grease or other
chemicals from the skinDivision 2Manufacturers
and importers189Who division applies toThisdivisionappliestoamanufacturerorimporterofahazardous substance for use at a
workplace.Reprint 2J effective 1 July 2011Page
155
Workplace Health and Safety Regulation
2008Part 16 Hazardous substances[s
190]Editor’s note—See
the Act, section 25 (Person may owe obligations in more than
1capacity).190Preparing, amending and reviewing
MSDS(1)A manufacturer or importer
must—(a)prepare an MSDS for the
substance—(i)before first manufacturing or
importing it; or(ii)ifthatisnotpracticable—assoonaspracticableafter first
manufacturing or importing it; andExample of
paragraph (a)(ii)—It may not be practicable to prepare
an MSDS before firstmanufacturingasubstancethatisdiscoveredthroughresearch.(b)amendtheMSDSwhenevernecessarytoensureitcontains current information; and(c)review the MSDS at least once in every
5 years to ensureit contains current information.(2)The MSDS must state—(a)the substance’s product name;
and(b)information about the
substance’s—(i)chemical and physical properties;
and(ii)health hazards;
and(iii)safe use;
and(c)theimporter’sormanufacturer’sname,Australianaddress and
Australian telephone number; andEditor’s
note—See former NOHSC document entitled
‘National Code of Practice forthe Preparation
of Material Safety Data Sheets’ for further informationabout
the things mentioned in paragraphs (a) to (c).(d)forasubstancecontainingatype1ingredient—theingredient’s
chemical name; andPage 156Reprint 2J
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Workplace Health and Safety Regulation
2008Part 16 Hazardous substances[s
191](e)for a substance containing a type 2
ingredient—(i)the ingredient’s chemical name;
or(ii)if the
manufacturer or importer reasonably believesdisclosure of
the ingredient’s chemical name givesinsufficientcommercialprotection—theingredient’s
generic name; and(f)for a substance containing a type 3
ingredient—(i)the ingredient’s chemical name;
or(ii)the ingredient’s
generic name.(3)Despitesubsection(2)(f),insteadofstatingatype3ingredient’s chemical or generic name, the
MSDS may statethat the ingredient is not hazardous
if—(a)theingredientisnotahazardoussubstancewithaknown synergistic effect; and(b)themanufacturerorimporterreasonablybelievesdisclosureofitschemicalorgenericnamegivesinsufficient
commercial protection.(4)Subsections (2)
and (3) do not apply if—(a)theimporterormanufacturerhasalreadypreparedasafety data sheet for the substance
under the GHS; and(b)thesafetydatasheetalsostatestheimporter’sormanufacturer’s name, Australian address and
Australiantelephone number.(5)The
MSDS must be in English and contain—(a)unit
measures commonly used in Australia; and(b)the
national exposure standard, if any, for the substance.(6)Subsection (1) is a workplace health
and safety obligation forthe Act.191Providing MSDS(1)A
manufacturer or importer who prepares an MSDS must giveacopyofittoeachpersontowhomthemanufacturerorReprint 2J effective 1 July 2011Page
157
Workplace Health and Safety Regulation
2008Part 16 Hazardous substances[s
192]importersuppliesthesubstancewhenfirstsupplyingthesubstance to the person.(2)AmanufacturerorimporterwhoamendsanMSDSbychanging information mentioned in section
190(2)(a), (b) or(c) must give a copy of the amended MSDS to
each person towhomthemanufacturerorimportersuppliesthesubstancewhenfirstsupplyingthesubstancetothepersonafterpreparing the amended MSDS.(3)A manufacturer or importer must, on
request, give a copy of ahazardous substance’s current MSDS
to—(a)a relevant person, worker or worker’s
representative at aworkplace where the substance is, or is to
be, used; or(b)the chief executive.Maximum penalty—30 penalty units.(4)Subsections(1)and(2)donotapplytoamanufacturerorimporter if—(a)the
manufacturer or importer supplies a substance to aretailer or retail warehouse operator;
and(b)the substance is contained in a
consumer package thatwillnotbeopenedontheretailer’soroperator’spremises.(5)Subsections(1)and(2)areworkplacehealthandsafetyobligations for
the Act.192Disclosing ingredient’s chemical
name(1)This section applies despite section
190(3).(2)Amanufacturerorimportermustimmediatelygivethechemical name of an ingredient
contained in the substance toa designated
doctor who—(a)believes a person has been exposed to
the substance at aworkplace and needs urgent medical
treatment; and(b)asks for the information for the
person’s treatment.Page 158Reprint 2J
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Workplace Health and Safety Regulation
2008Part 16 Hazardous substances[s
192](3)If an ingredient’s chemical name is
needed to give sufficientprotection to the relevant person or a
worker at a workplaceagainst exposure—(a)therelevantpersonmay,bywrittenrequest,askthesubstance’s
manufacturer or importer to give the personthe ingredient’s
chemical name; or(b)theworkerorworker’srepresentativemay,bywrittenrequest, ask the
substance’s manufacturer or importer togive the person
the ingredient’s chemical name.(4)A
request under subsection (3) must contain—(a)the
reason for the request; and(b)anundertakingtousetheinformationonlyforthepurpose
mentioned in subsection (3).(5)Themanufacturerorimportermustnotrefusetherequestunless the
manufacturer or importer has a reasonable excuse.Maximum penalty—30 penalty units.(6)Without limiting subsection (5), it is
a reasonable excuse torefuse the request if the manufacturer
or importer—(a)isnotsatisfiedtheingredient’schemicalnameisneeded; and(b)givestherequester,within30daysafterreceivingtherequest—(i)written reasons for refusing the request;
andEditor’s note—The
instrument giving the reasons must also refer to theevidence or other material on which those
findings werebased. See theActs
Interpretation Act 1954, section 27B(Content of
statement of reasons for decision).(ii)informationotherthantheingredient’schemicalname,ifany,thatmayhelpprotecttherelevantperson or worker
from exposure.(7)Subsection (2) is a workplace health
and safety obligation forthe Act.Reprint 2J
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Workplace Health and Safety Regulation
2008Part 16 Hazardous substances[s
193]193Providing NICNAS summary report and
other information(1)A relevant person at a workplace where
a hazardous substanceisusedmay,bywrittenrequest,askthesubstance’smanufacturer or
importer for—(a)informationfromthesubstance’sNICNASsummaryreport, if any,
that may help in the substance’s safe use;and(b)otherinformation,ifany,notcontainedinthesubstance’s MSDS, that may help in the
substance’s safeuse.(2)The
manufacturer or importer must give the relevant persontheinformationwithin30daysafterreceivingtherequest,unless the
manufacturer or importer has a reasonable excuse.Maximum penalty for subsection (2)—30
penalty units.Division 3Suppliers194Who division applies toThis
division applies to a supplier of a hazardous substancefor
use at a workplace.Editor’s note—See
the Act, section 25 (Person may owe obligations in more than
1capacity).195Providing MSDS(1)Asuppliermustgiveacopyofahazardoussubstance’scurrent MSDS to
the relevant person at a workplace—(a)whenfirstsupplyingthesubstancetotherelevantperson;
and(b)when first supplying the substance to
the relevant personafter preparing or receiving an amended
MSDS.Page 160Reprint 2J
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Workplace Health and Safety Regulation
2008Part 16 Hazardous substances[s
196](2)Subsection (1) does not apply to a
retailer or retail warehouseoperator who
supplies a hazardous substance contained in aconsumer package
that will not be opened on the retailer’s oroperator’s
premises.(3)Asuppliermust,onrequest,giveacopyofahazardoussubstance’s
current MSDS to—(a)a relevant person, worker or worker’s
representative at aworkplace where the substance is, or is to
be, used; or(b)the chief executive.Maximum penalty—30 penalty units.(4)Subsection (1) is a workplace health
and safety obligation forthe Act.196Labelling containers(1)Asuppliermustensurealabelisfixedtoahazardoussubstance’s
container when the substance is supplied.(2)The
label—(a)must be in English; and(b)must state the substance’s product
name; and(c)must state the substance’s risk and
safety phrases, otherthanasafetyphrasegivinginformationaboutariskphrase;
andExampleofasafetyphrasegivinginformationaboutariskphrase—a safety phrase stating ‘Keep away
from heat’ if the risk phrasestates ‘Heating
may cause an explosion’(d)ifthesubstancecontainsatype1ortype2ingredient—must state the ingredient’s
chemical name;and(e)ifthesubstancecontainsatype2ingredientandthesubstance’smanufacturerorimporterreasonablybelievesdisclosureoftheingredient’schemicalnameReprint 2J
effective 1 July 2011Page 161
Workplace Health and Safety Regulation
2008Part 16 Hazardous substances[s
197]gives insufficient commercial protection—may
state theingredient’s generic name.(3)However, if the supplier is supplying
a hazardous substancethat is labelled under the GHS, it is
sufficient compliance withsubsection(2)ifthelabelalsostatesthesupplier’sname,Australian address and Australian telephone
number.(4)Subsection (1) is a workplace health
and safety obligation forthe Act.Division 4Relevant persons197Who
division applies toThisdivisionappliestoarelevantpersonataworkplacewhere a hazardous substance is used.Editor’s note—See
the Act, section 25 (Person may owe obligations in more than
1capacity).198Meaning ofhazardous
substancefor divisionIn this
division—hazardous substancemeans a
substance for which its suppliermust,undersection195,givearelevantpersonitscurrentMSDS.199Obtaining MSDS(1)A
relevant person who, when first supplied with a substancein a
container labelled under section 196, does not receive anMSDS
for the substance must—(a)askthesupplierifthesubstanceisahazardoussubstance;
and(b)if it is—ask the supplier for a copy
of its current MSDS.Page 162Reprint 2J
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Workplace Health and Safety Regulation
2008Part 16 Hazardous substances[s
200](2)This section does not apply to a
retailer or retail warehouseoperator if the
substance—(a)hasbeensuppliedtotheretaileroroperatorforretailsale; and(b)iscontainedinaconsumerpackagethatwillnotbeopened on the retailer’s or operator’s
premises.(3)Subsection (1) is a workplace health
and safety obligation forthe Act.200Recording and displaying MSDS(1)A relevant person must—(a)put the copy of a hazardous
substance’s MSDS in theregister immediately after the
relevant person preparesor receives it; and(b)takereasonablestepstoensurethecontentsoftheMSDS are not changed other than in
accordance with anamendmentoftheMSDSbythemanufacturerorimporter.(2)A
relevant person who is an employer must also keep a copyof
the MSDS close enough to where the substance is beingused
to allow a worker who may be exposed to the substanceto
refer to it easily.(3)This section does not apply to a
retailer or retail warehouseoperator if the
substance—(a)hasbeensuppliedtotheretaileroroperatorforretailsale; and(b)iscontainedinaconsumerpackagethatwillnotbeopened on the retailer’s or operator’s
premises.(4)Subsections(1)and(2)areworkplacehealthandsafetyobligations for
the Act.201Labelling containers(1)A relevant person must—Reprint 2J effective 1 July 2011Page
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Workplace Health and Safety Regulation
2008Part 16 Hazardous substances[s
202](a)ensure a label complying with section
196 is fixed to thecontainerofahazardoussubstanceusedattheworkplace; and(b)take
reasonable steps to ensure the label is not interferedwith.(2)If a
hazardous substance is transferred from 1 container into asecond container and the second container’s
contents are notentirely used immediately, the relevant
person must ensure thesecond container is fixed with a label
stating—(a)the substance’s product name;
and(b)thesubstance’sriskandsafetyphrases(otherthanasafety phrase giving information about
a risk phrase).Exampleofasafetyphrasegivinginformationaboutariskphrase—a safety phrase stating ‘Keep away
from heat’ if the risk phrasestates ‘Heating
may cause an explosion’(3)Subsections (1)
and (2) do not apply to a container if it hasbeen cleaned of
the hazardous substance.(4)Subsections(1)and(2)areworkplacehealthandsafetyobligations for
the Act.202Hazardous substances in enclosed
systems(1)Arelevantpersonmustensuresuitablewarningofthepresence and location of a hazardous
substance in an enclosedsystem at a workplace is given to
anyone who may be exposedto the substance if it escapes from
the enclosed system.Example of suitable warning—a suitable warning stated in AS 1345
(Identification of the contents ofpipes, conduits
and ducts)(2)Subsection (1) is a workplace health
and safety obligation forthe Act.Page 164Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 16 Hazardous substances[s
203]203Risk assessments(1)Arelevantpersonmustassesstherisktothehealthoftherelevant person or a worker from a
hazardous substance that isused, or is to
be used, at the workplace.Maximum penalty—30 penalty
units.(2)The assessment must be done—(a)as soon as is practicable after it is
used; and(b)within 5 years after the last
assessment; and(c)when any of the following happen at
the workplace—(i)aworkpracticeinvolvingthesubstanceissignificantly changed;Examplesofsignificantlychangedworkpracticesforsubparagraph (i)—•theformofacatalystforachemicalreactionischanged from liquid to a vaporised
state•the form of a substance used is
changed from finepowder to pellets(ii)newinformationabout thesubstance’shazardsisavailable;(iii)healthsurveillanceormonitoringshowscontrolmeasures need to
be reviewed;(iv)neworimprovedcontrolmeasuresareimplemented.Examples of
control measures for subparagraph (iv)—engineeringcontrols,safeworkpracticesandpersonalprotective
equipment(3)The assessment must include—(a)an identification of the hazardous
substance; and(b)if the substance’s MSDS is available—a
review of theMSDS; and(c)if
the substance’s MSDS is not available—a review ofavailable equivalent information; andReprint 2J effective 1 July 2011Page
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Workplace Health and Safety Regulation
2008Part 16 Hazardous substances[s
204](d)if the substance is contained in a
consumer package—areview of the package’s label; and(e)a decision whether any workers may be
exposed to thesubstance; and(f)adecisionaboutthecontrolmeasures,healthsurveillance and
monitoring needed for the substance.(4)Theassessmentmaybeagenericassessmentpreparedforworkplaces where the substance is used
in the same or similarcircumstances.Example of
generic assessment for subsection (4)—an
assessment prepared by an industry body or trade association
aboutthe use of brake fluid at service
stations204Risk assessment recordsThe
relevant person must, as soon as practicable after doingan
assessment, record the following information—(a)the
date when the assessment was done;(b)whether the degree of risk is assessed to be
significant;(c)the substance’s product name;(d)thecontrolmeasuresfortheuseofthesubstancethatwere
in place when the assessment was done;(e)the
type of monitoring that is needed and the intervals atwhich the monitoring must be done;(f)thetypeofhealthsurveillancethatisneededandtheintervals at which the health
surveillance must be done.Maximum penalty—30 penalty
units.205Controlling exposure(1)If a risk assessment shows a relevant
person or worker may beexposed to a hazardous substance, the
relevant person must—(a)prevent the
exposure; orPage 166Reprint 2J
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2008Part 16 Hazardous substances[s
206](b)if prevention is not
practicable—reduce the exposure toaslowalevelasispracticable,butinanycasetheexposuremustnotbemorethantherelevantnationalexposurestandardfortherelevantperiodforthesubstance.(2)The
relevant person must, as far as is practicable, prevent orreduce the exposure by ways other than the
use of personalprotective equipment.(3)However,iftheexposurecannotbepreventedorreducedotherthanbyusingpersonalprotectiveequipment,therelevantpersonmustensurethatanyonewhomaybeexposed—(a)is
given personal protective equipment; and(b)isproperlyinstructedintheuseofthepersonalprotective
equipment; and(c)uses the equipment when there is a
risk of being exposedto the substance.(4)Therelevantpersonmustalsoensurethecontrolmeasuresdecided under the risk assessment
are—(a)implementedassoonaspracticableattheworkplace;and(b)effectively maintained.(5)Subsections(1)to(4)areworkplacehealthandsafetyobligations for
the Act.(7)In this section—relevant
periodmeans the exposure period stated in
formerNOHSCdocumententitled‘ExposureStandardsforAtmosphericContaminantsintheOccupationalEnvironment’.206Monitoring(1)This
section applies if the risk assessment shows monitoringis
needed.Reprint 2J effective 1 July 2011Page
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Workplace Health and Safety Regulation
2008Part 16 Hazardous substances[s
207](2)The relevant person must ensure the
monitoring is done at theworkplace.(3)Therelevantpersonmustalsoensurearecordofthemonitoring result is made as soon as
practicable.Maximum penalty—30 penalty units.(4)A relevant person who is an employer
must—(a)ensureaworkerwhomaybeexposedtoahazardoussubstance at the workplace is given a copy
of the record;and(b)allowaworkerwhomaybeexposedtoinspecttherecord at any reasonable time.Maximum penalty—30 penalty units.(5)Subsection (2) is a workplace health
and safety obligation forthe Act.207Health surveillance(1)A
relevant person must arrange for health surveillance of therelevant person or a worker who a risk
assessment shows hasbeen exposed to a hazardous substance
if—(a)the substance is listed in schedule 8,
column 1 and thedegreeofrisktothehealthoftherelevantpersonorworker is significant; or(b)therelevantpersonreasonablybelieves,oroughttoreasonably believe—(i)an
identifiable adverse health effect may be relatedto
the exposure; and(ii)thehealtheffectmayhappenundertheworkconditions of
the relevant person or worker; and(iii)a
valid technique capable of detecting signs of thehealth effect exists; or(c)therelevantpersonreasonablybelieves,oroughttoreasonably believe—Page 168Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 16 Hazardous substances[s
207](i)an identifiable adverse health effect
may be relatedto the exposure; and(ii)thehealtheffectmayhappenundertheworkconditions of
the relevant person or worker; and(iii)avalidbiologicalmonitoringprocedureisavailabletodetect,intherelevantpersonorworker, changes from the current
accepted valuesfor the substance.Examplesofchangesfromcurrentacceptedvaluesforsubparagraph (iii)—•lowerthannormalbloodlevelsofacetylcholinesterase resulting from
organophosphatepesticide exposure•raisedurinarymercurylevelsinalaboratorytechnician exposed to mercury vapour(2)If the health surveillance relates to
exposure to a hazardoussubstance mentioned in schedule 8,
column 1, the surveillancemust include the things stated in
schedule 8, column 2 for thesubstance.(3)The
relevant person must—(a)arrangeforthehealthsurveillancetobedoneby,orunder, the supervision of a designated
doctor; and(b)ask the designated doctor to
give—(i)therelevantpersonahealthsurveillancereport;and(ii)theworkerahealthsurveillancereportandanexplanation of
the report; and(c)keep the report as a record at the
workplace.(4)If the health surveillance is of a
worker, the relevant personmust consult the
worker before choosing a designated doctorto do, or
supervise, the surveillance.Maximum
penalty—30 penalty units.(5)The relevant
person must pay for the health surveillance of aworker of the relevant person under this
section.Reprint 2J effective 1 July 2011Page
169
Workplace Health and Safety Regulation
2008Part 16 Hazardous substances[s
208]Maximum penalty—30 penalty units.(6)Subsections(1)and(3)areworkplacehealthandsafetyobligations for
the Act.(7)In this section—healthsurveillancereportmeansinformation,otherthanamedical record, about—(a)the
effects on a person’s health related to the person’sexposure to a hazardous substance at a
workplace; and(b)the need, if any, for remedial
action.208Confidentiality of worker’s medical
record(1)Arelevantpersonwhoisanemployermayonlyobtainaworker’s medical record with the
worker’s written consent.Maximum penalty—30 penalty
units.(2)Arelevantpersonwhoisanemployermustnotdisclosetoanyone, other than the worker or someone
with the worker’swritten consent, the contents of the
worker’s medical record.Example of someone with the worker’s
written consent—the worker’s representative at the
workplaceMaximum penalty—30 penalty units.209Keeping register(1)A
relevant person at a workplace must keep a register at theworkplace containing—(a)a
list of all hazardous substances used at the workplace;and(b)the current MSDS
for each substance.Maximum penalty—30 penalty units.(2)A relevant person who is an employer
must allow the relevantperson’sworkerswhomaybeexposedtoahazardousPage 170Reprint 2J effective 1 July
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Workplace Health and Safety Regulation
2008Part 16 Hazardous substances[s
210]substanceattheworkplacetoinspecttheregisteratanyreasonable time.Maximum
penalty—30 penalty units.(3)This section
does not apply to a retailer or retail warehouseoperator if the hazardous substance is
contained in a consumerpackage that will not be opened on the
retailer’s or operator’spremises.210Keeping records(1)If a
risk assessment shows a hazardous substance’s use at aworkplacecausesasignificantdegreeofrisktohealth,therelevantpersonmustkeepthefollowingdocumentsfor30years from the
day the particular document was made—(a)the
risk assessment record;(b)a monitoring
result;(c)a health surveillance report.Maximum penalty—30 penalty units.(2)If a risk assessment shows a hazardous
substance’s use at aworkplacedoesnotcauseasignificantdegreeofrisktohealth,therelevantpersonmustkeeparecordoftheassessment for at least 5 years from
the day it was made.Maximum penalty—30 penalty
units.(3)A relevant person who is an employer
must allow a workerwhomaybeexposedtoahazardoussubstanceattheworkplace to
inspect a document mentioned in subsection (1)or (2) at any
reasonable time.Maximum penalty—30 penalty units.(4)Ifapersonstopsbeingarelevantpersonintheperiodadocument is required to be kept under
subsection (1) or (2),thepersonmustaskfor,andcomplywith,thechiefexecutive’s
directions about the document’s storage.Maximum
penalty—30 penalty units.Reprint 2J effective 1 July 2011Page
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Workplace Health and Safety Regulation
2008Part 16 Hazardous substances[s
211]211Induction and training about hazardous
substances(1)A relevant person who is an employer
must give a worker whomaybeexposedtoahazardoussubstanceattheworkplaceinduction and ongoing training about the
substance.(2)The induction and training must be
appropriate having regardto—(a)the
level of risk identified in a risk assessment; and(b)the workers who may be exposed to the
substance.(3)The relevant person must keep a record
of the induction andtraining given to a worker for at
least 5 years from the date ofthe last entry
in the record.Maximum penalty—30 penalty units.(4)The record must include the following
information for eachinduction or training session—(a)the date of the session;(b)the topics dealt with at the
session;(c)the name of the person who conducted
the session;(d)the names of the workers who attended
the session.(5)Subsection (1) is a workplace health
and safety obligation forthe Act.Division 5Spray painting with hazardoussubstances212Ways
to prevent or minimise risk prescribed(1)Sections213to219prescribewaysofpreventingorminimising exposure to the risk of exposure
to a hazardoussubstance used in or for spray painting in
the circumstancesmentioned in the sections.Page
172Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 16 Hazardous substances[s
213](2)However, the sections do not deal with
all circumstances thatexposesomeonetotheriskofexposuretoahazardoussubstance from
spray painting.(3)Apersonmaydischargetheperson’sworkplacehealthandsafety obligation for exposure to the risk
in the circumstancesmentionedinthesectionsonlybyfollowingtheprescribedways.213Manufacturing or importing a spray
painting booth(1)This section applies to a manufacturer
or importer of a spraypainting booth—(a)for
use at a workplace; and(b)in which a
hazardous substance is likely to be used.Examples of
hazardous substances for paragraph (b)—enamels, lacquers, powders, solvents,
varnishes(2)The manufacturer or importer must
ensure the booth—(a)is constructed to be safe and without
risk to health whenused properly; and(b)is
able to prevent or control the escape of a hazardoussubstance that might be a risk to health;
and(c)undergoes appropriate testing and
examination to ensureit complies with paragraphs (a) and
(b).(3)The manufacturer or importer must
ensure the booth is fittedwith an effective ventilation system
that incorporates—(a)a filtration system to remove airborne
residue producedduring a spray painting process; andExample of airborne residue for paragraph
(a)—paint particles from overspray(b)an exhaust capture system—(i)to prevent the exposure of a person in
an adjoiningwork area to a hazardous substance produced
by aspray painting process; andReprint 2J effective 1 July 2011Page
173
Workplace Health and Safety Regulation
2008Part 16 Hazardous substances[s
214](ii)ifpreventionisnotpracticable—toreducetheexposure to as low a level as is
practicable, but inany case the exposure must not be more than
therelevant national exposure standard for the
relevantperiod for the substance.(4)In this section—relevant
periodmeans the exposure period stated in
formerNOHSCdocumententitled‘ExposureStandardsforAtmosphericContaminantsintheOccupationalEnvironment’.214Supplying a spray painting booth(1)This section applies to a supplier of
a spray painting booth—(a)for use at a
workplace; and(b)in which a hazardous substance is
likely to be used.Examples of hazardous substances for
paragraph (b)—enamels, lacquers, powders, solvents,
varnishes(2)Thesuppliermusttakeallreasonablestepstoensuretheperson who is supplied with the booth is
given the followinginformation—(a)theuseforwhichtheboothhasbeendesignedandtested;(b)how
the booth is to be used safely and without risk tohealth;(c)the
maintenance procedures for the booth, including themaintenance procedures for any
filters.215Protecting persons from spray
painting(1)Arelevantpersonmustensurethattheriskofaperson’sexposuretoahazardoussubstanceusedinorforspraypainting
is—Page 174Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 16 Hazardous substances[s
216](a)prevented; or(b)if
prevention is not practicable—minimised to as low alevel as is practicable, but in any case the
exposure mustnot be more than the relevant national
exposure standardfor the relevant period for the
substance.(2)In this section—relevant
periodmeans the exposure period stated in
formerNOHSCdocumententitled‘ExposureStandardsforAtmosphericContaminantsintheOccupationalEnvironment’.216Spray
painting to be done in spray painting booth(1)Arelevantpersonmustensureanyspraypaintingusingahazardous substance is done in a spray
painting booth.Examples of hazardous substances for this
subsection—acrylic lacquers, 2 pack polyurethane
paint, conventional epoxy paint,powders,
solvents(2)However, a spray painting booth is not
required if—(a)it is not practical to do the painting
in a booth; orExamples for paragraph (a)—•painting a
bridge, building or tower•painting a large
boat that can not be easily placed in a boothbecause of its
size(b)thepaintinginvolvesspotting,touchinguporotherminor
work.Example of spotting or touching up—occasionally painting a scratch, small
dent or stone chip on a cardoorExample of what
is minor work for paragraph (b)—occasionally painting a car panel with an
acrylic lacquerReprint 2J effective 1 July 2011Page
175
Workplace Health and Safety Regulation
2008Part 16 Hazardous substances[s
217]Examples of what is not minor work for
paragraph (b)—•consecutivelypaintinganumberofcarpanelswithanacrylic lacquer•painting a whole car panel with 2 pack
polyurethane paint217Controlling exposure from spray
painting(1)Thissectionappliesifarelevantpersoncannotpreventorreduce someone’s exposure to a
hazardous substance used inor for spray
painting other than by using personal protectiveequipment.(2)The
relevant person must ensure that—(a)anyone who may be exposed—(i)isgiventheappropriatepersonalprotectiveequipment;
and(ii)is properly
instructed in how to use the equipment;and(iii)uses the
equipment when there is a risk of beingexposed to the
substance; and(b)personalprotectiveequipmentgiventosomeoneiseffectively maintained.218Maintaining a spray painting booth(1)Thissectionappliesifaspraypaintingboothisusedbyarelevant person for spray painting a
hazardous substance.(2)The relevant
person must ensure the booth is—(a)regularly inspected by a competent person to
ascertainwhether the booth can be used safely and
without risk tohealth; and(b)appropriately maintained by a competent
person.Example of appropriately maintained for
paragraph (b)—maintained in accordance with the
procedures supplied by thesupplier of the boothPage
176Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 16 Hazardous substances[s
219](3)Toworkouthowoftentoinspectthebooth,therelevantperson must
consider the following things—(a)theinspectionintervalsrecommendedbythemanufacturer, importer or supplier of
the booth;(b)the types of spray painting processes
done in the booth;(c)how often the booth is used;(d)the types of substances, and the
volumes of them, usedin the booth.(4)In
this section—competent personmeans a person
who has acquired, throughtraining, qualifications, experience,
or a combination of these,theknowledgeandskillsenablingthepersontoinspectormaintain a spray painting booth for its safe
use and proper airmovement.219Minimum air movement for booths(1)Thissectionappliesifaspraypaintingboothisusedbyarelevant person for spray painting a
hazardous substance.(2)Therelevantpersonmustensurethebooth’sventilationsystem can
produce and keep an air movement of—(a)for
a full down draught booth—not less than 0.3 metresper
second; or(b)foraboothusedonlyforelectrostaticspraypainting—not less than 0.4 metres per
second; or(c)foranyotherbooth—notlessthan0.5metrespersecond;averaged over
the area of the booth where the spray painting isdone.(3)For
subsection (2), the air movement must be measured—(a)when the booth is empty; and(b)during the booth’s spray cycle;
and(c)in the area of the booth where the
painting is done; andReprint 2J effective 1 July 2011Page
177
Workplace Health and Safety Regulation
2008Part 17 Lead[s 220](d)for a booth that is not fully
contained or enclosed—atthe opening in the booth where the
internal environmentin the booth and the external
environment meet.Example of a booth that is not fully
contained—a tunnel booth that is not fitted with
vapour barriersExample of a booth that is not fully
enclosed—an open face booth(4)In
this section—spray cycleof a spray
painting booth means the time duringthe booth’s
operation when the booth may be used for spraypainting.Part
17LeadDivision 1Interpretation220Meaning ofexposedA
person isexposedto lead if the
person absorbs, or is likelyto absorb,
lead—(a)by ingestion or inhalation; or(b)through the skin or mucous
membrane.221Meaning oflead hazardous
substanceAlead hazardous substanceis—(a)asubstancelistedinschedule10inaconcentrationmore than the
concentration cut-off level stated for thesubstance in
former NOHSC document entitled ‘List ofDesignated
Hazardous Substances’; or(b)a substance that
meets the approved criteria.Page 178Reprint 2J effective 1 July
2011
Division 2Workplace Health
and Safety Regulation 2008Part 17 Lead[s 222]Manufacturers and importers222Who division applies toThis
division applies to a manufacturer or importer of lead foruse
at a workplace.Editor’s note—See
the Act, section 25 (Person may owe obligations in more than
1capacity).223Preparing, amending and reviewing
MSDS(1)A manufacturer or importer
must—(a)prepare an MSDS for the lead—(i)before first manufacturing or
importing it; or(ii)ifthatisnotpracticable—assoonasreasonablypracticableafterfirstmanufacturingorimportingit; andExample for subparagraph (ii)—It may not be practicable to prepare
an MSDS before firstmanufacturingaleadhazardoussubstancethatisdiscovered
through research.(b)amendtheMSDSwhenevernecessarytoensureitcontains current information; and(c)review the MSDS at least once in every
5 years to ensureit contains current information.(2)The MSDS must state—(a)the lead’s product name; and(b)the lead’s chemical name; and(c)information about the lead’s—(i)chemical and physical properties;
and(ii)health hazards;
and(iii)safe use;
andReprint 2J effective 1 July 2011Page
179
Workplace Health and Safety Regulation
2008Part 17 Lead[s 224]Editor’s note—SeeformerNOHSCdocumententitled‘NationalCodeofPractice for the Preparation of
Material Safety Data Sheets’ forfurther
information about the things mentioned in paragraphs (a)to
(c).(d)theimporter’sormanufacturer’sname,Australianaddress and
Australian telephone number.(3)The
MSDS must be in English and contain—(a)unit
measures commonly used in Australia; and(b)the
national exposure standard, if any, for the lead.(4)Subsection (1) is a workplace health
and safety obligation forthe Act.224Providing MSDS(1)A
manufacturer or importer who prepares an MSDS must giveacopyofittoeachpersontowhomthemanufacturerorimporter supplies the lead when first
supplying the lead to theperson.(2)AmanufacturerorimporterwhoamendsanMSDSbychanging information mentioned in section
223(2) must give acopyoftheamendedMSDStoeachpersontowhomthemanufacturerorimportersuppliestheleadwhenfirstsupplying the
lead to the person after preparing the amendedMSDS.(3)A manufacturer or importer must, on
request, give a copy ofthe lead’s current MSDS to—(a)a relevant person, worker or workplace
health and safetyrepresentative at a workplace where the lead
is, or is tobe, used; or(b)the
chief executive.Maximum penalty—30 penalty units.(4)Subsections(1)and(2)donotapplytoamanufacturerorimporter if—Page 180Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 17 Lead[s 225](a)the manufacturer or importer supplies
lead to a retaileror retail warehouse operator; and(b)the lead is contained in a consumer
package that will notbe opened on the retailer’s or
operator’s premises.(5)Subsection(1)and(2)areworkplacehealthandsafetyobligations for
the Act.225Providing NICNAS summary report and
other information(1)A relevant person at a workplace where
lead is used may, bywritten request, ask the lead’s
manufacturer or importer for—(a)information from the lead’s NICNAS summary
report, ifany, that may help in the lead’s safe use;
and(b)otherinformation,ifany,notcontainedinthelead’sMSDS, that may
help in the lead’s safe use.(2)The
manufacturer or importer must give the relevant persontheinformationwithin30daysafterreceivingtherequest,unless the
manufacturer or importer has a reasonable excuse.Maximum penalty for subsection (2)—30
penalty units.Division 3Suppliers226Who division applies toThisdivisionappliestoasupplierofleadforuseataworkplace.Editor’s
note—See the Act, section 25 (Person may
owe obligations in more than 1capacity).227Providing MSDS(1)A
supplier must give a copy of the lead’s current MSDS to therelevant person at a workplace—(a)when first supplying the lead to the
relevant person; andReprint 2J effective 1 July 2011Page
181
Workplace Health and Safety Regulation
2008Part 17 Lead[s 228](b)when first supplying the lead to the
relevant person afterpreparing or receiving an amended
MSDS.(2)A supplier must, on request, give a
copy of the lead’s currentMSDS to—(a)a
relevant person, worker or workplace health and safetyrepresentative at a workplace where the lead
is, or is tobe, used; or(b)the
chief executive.Maximum penalty—30 penalty units.(3)Subsection (1) does not apply to a
retailer or retail warehouseoperator who
supplies lead contained in a consumer packagethatwillnotbeopenedontheretailer’soroperator’spremises.(4)Subsection (1) is a workplace health
and safety obligation forthe Act.228Labelling containers(1)A
supplier must ensure a label is fixed to a container of leadwhen
the lead is supplied.(2)The label must
be in English and state—(a)the lead’s
product name; and(b)thelead’sriskandsafetyphrases,otherthanasafetyphrase giving
information about a risk phrase; andExampleofasafetyphrasegivinginformationaboutariskphrase—a safety phrase stating ‘When using,
do not eat or drink’ if therisk phrase states ‘Harmful by
inhalation and if swallowed’(c)the
lead’s chemical name.(3)Subsection (1)
is a workplace health and safety obligation forthe Act.Page
182Reprint 2J effective 1 July
2011
Division 4Workplace Health
and Safety Regulation 2008Part 17 Lead[s 229]Relevant persons229Who
division applies toThisdivisionappliestoarelevantpersonataworkplacewhere a lead process is carried out.Editor’s note—See
the Act, section 25 (Person may owe obligations in more than
1capacity).230Obtaining MSDS(1)A
relevant person who, when first supplied with a substancein a
container labelled under section 228, does not receive anMSDS
for the lead must—(a)ask the supplier if the substance is
lead; and(b)if it is—ask the supplier for a copy
of its current MSDS.(2)This section
does not apply to a retailer or retail warehouseoperator if the lead—(a)hasbeensuppliedtotheretaileroroperatorforretailsale; and(b)iscontainedinaconsumerpackagethatwillnotbeopened on the retailer’s or operator’s
premises.(3)Subsection (1) is a workplace health
and safety obligation forthe Act.231Keeping registers(1)A
relevant person at a workplace must—(a)keep
a register at the workplace containing—(i)alistoftheleadusedinaleadprocessattheworkplace; and(ii)the
MSDS for the lead used in a lead process at theworkplace;
andReprint 2J effective 1 July 2011Page
183
Workplace Health and Safety Regulation
2008Part 17 Lead[s 232](b)put the copy of the MSDS in the
register immediatelyafter the relevant person receives it;
and(c)keepacopyoftheMSDSclosetowheretheleadisbeing used; and(d)takereasonablestepstoensurethecontentsoftheMSDS are not changed other than in
accordance with anamendmentoftheMSDSbythemanufacturerorimporter.Maximum
penalty—30 penalty units.(2)A relevant
person who is an employer must allow the relevantperson’sworkerstoinspecttheregisteratanyreasonabletime.Maximum penalty—30 penalty units.(3)This section does not apply to a
retailer or retail warehouseoperator if the
lead—(a)hasbeensuppliedtotheretaileroroperatorforretailsale; and(b)iscontainedinaconsumerpackagethatwillnotbeopened on the retailer’s or operator’s
premises.232Labelling containers(1)A relevant person must—(a)ensure a label complying with section
228 is fixed to thecontainer of lead used at the workplace;
and(b)take reasonable steps to ensure the
label is not changed.(2)If lead is
transferred from a container into a second containerandthesecondcontainer’scontentsarenotentirelyusedimmediately,therelevantpersonmustensurethesecondcontainer is
fixed with a label stating—(a)the
lead’s product name; and(b)thelead’sriskandsafetyphrases,otherthanasafetyphrase giving
information about a risk phrase.Page 184Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 17 Lead[s 233]Exampleofasafetyphrasegivinginformationaboutariskphrase—a safety phrase stating ‘When using,
do not eat or drink’ if therisk phrase states ‘Harmful by
inhalation and if swallowed’(3)Subsection(2)doesnotapplytoacontainerifithasbeencleaned of the lead.(4)Subsections(1)and(2)areworkplacehealthandsafetyobligations for
the Act.233Risk assessment(1)Arelevantpersonmustassesstherisktothehealthoftherelevantpersonoraworkerfromaleadprocessattheworkplace.Maximum
penalty—30 penalty units.(2)The assessment
must be done—(a)whenanewleadprocessstartsattheworkplaceandagain within 4 weeks after the process
starts; and(b)if,inthelastassessment,theprocesswasassessedtoincludealead-riskjob—within1yearafterthelastassessment;
and(c)if, in the last assessment, the
process was assessed not toincludealead-riskjob—within5yearsafterthelastassessment;
and(d)when any of the following happen at
the workplace—(i)if there is a significantchange in the way a leadprocess is done
at the workplace;(ii)ifthereisasignificantchangeintheamountoflead,ortheamountofleadcontainedinathing,used
at the workplace.(3)The assessment must—(a)identify the lead used at the
workplace; and(b)iftheMSDSfortheleadisavailable—reviewtheMSDS; andReprint 2J
effective 1 July 2011Page 185
Workplace Health and Safety Regulation
2008Part 17 Lead[s 233](c)iftheMSDSfortheleadisnotavailable—reviewavailable
equivalent information; and(d)if
the lead is contained in a consumer package—reviewthe
package’s label.(4)Havingassessedtherisk,therelevantpersonmustdecidewhether a job in a lead process is a
lead-risk job.(5)Iftheprocessisassessedtoincludealead-riskjob,therelevant person must decide—(a)the type of atmospheric monitoring
needed; andExample of a type of atmospheric
monitoring—monitoring a worker’s breathing
zone(b)the control measures needed.(6)Theassessmentmaybeagenericassessmentpreparedforworkplaceswhereleadisusedinthesameorsimilarcircumstances.Example—where there are several soldering
stations in a battery factory solderingthe same kind of
terminals under similar environmental conditions(7)After doing the assessment, the
relevant person must—(a)iftheprocessisassessednottoincludealead-riskjob—develop a
plan to ensure a job in the process doesnot become a
lead-risk job; or(b)if the process is assessed to include
a lead-risk job—(i)notifythechiefexecutive,intheapprovedformwithin28daysaftertheassessment,thattheprocess includes a lead-risk job;
and(ii)if the process
can be changed to a process that doesnot include a
lead-risk job—develop a plan to dothat; and(iii)if the process
can not be changed to a process thatdoes not include
a lead-risk job—develop a plan tominimise risk to
health from the lead.Maximum penalty for subsection
(7)(b)(i)—20 penalty units.Page 186Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 17 Lead[s 234](8)The relevant person must ensure a plan
under subsection (7)—(a)if the relevant
person is an employer—is developed inconsultationbetweentherelevantperson,workerandworkplace health and safety representative;
and(b)contains specific aims and ways of
deciding whether theaims are being achieved.(9)A relevant person who is an employer
must not allow a personto start work in a lead-risk job if
the relevant person knows theperson—(a)has a medical condition that may be
adversely affectedby exposure to lead; or(b)is
pregnant or breast feeding.(10)Subsections(4),(5),(7)(a),(b)(ii)and(iii),(8)and(9)areworkplace health and safety obligations for
the Act.234Risk assessment recordsAs
soon as practicable after doing an assessment, the relevantperson must record the following
information—(a)the date when the assessment was
done;(b)the results of atmospheric
monitoring;(c)whethertheprocessisassessedtoincludealead-riskjob;(d)if a process is assessed to include a
lead-risk job—(i)the lead’s product name or other
identification; and(ii)the control
measures that were in place when theassessment was
done; and(iii)the decision
made about—(A)the type of atmospheric monitoring
needed;and(B)the control
measures needed.Maximum penalty—30 penalty units.Reprint 2J effective 1 July 2011Page
187
Workplace Health and Safety Regulation
2008Part 17 Lead[s 235]235Controlling exposure(1)If a risk assessment shows a relevant
person or worker may beexposed to lead, the relevant person
must—(a)prevent the exposure; or(b)if that is not practicable—reduce the
exposure to as lowa level as is necessary to minimise risk to
health, but inanycasetheexposuremustbelessthanthenationalexposure
standard for the lead.(2)The relevant
person must, as far as is practicable, prevent orreduce the exposure by ways other than the
use of personalprotective equipment.(3)However,iftheexposurecannotbepreventedorreducedotherthanbyusingpersonalprotectiveequipment,therelevant person must ensure that—(a)anyone who may be exposed—(i)isgivenpersonalprotectiveequipment,includingsuitable respiratory protective equipment;
and(ii)isproperlyinstructedintheuseofthepersonalprotective
equipment; and(iii)usestheequipmentwhenbeingexposedtothelead; and(b)warning signs are erected showing the
need to wear thepersonal protective equipment in the lead
process area.(4)The relevant person must
ensure—(a)thecontrolmeasuresdecided,andplansdeveloped,undertheriskassessmentareimplementedattheworkplace as soon as practicable;
and(b)the control measures, including all
engineering controls,safe work practices and personal
protective equipment,are effectively maintained.Exampleofeffectivemaintenanceofpersonalprotectiveequipment—cleaningleadfromrespiratoryequipmenttomaintainitseffective usePage 188Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 17 Lead[s 236](5)A relevant person must also
ensure—(a)lead used in a lead process area does
not, as far as ispracticable,contaminateotherareasoftheworkplace;and(b)workers are not exposed to the risk
from lead in an areaprovided by the relevant person for
eating and drinking;and(c)before moving from a lead process area to an
area usedfor eating and drinking, a worker washes the
worker’sforearms,handsandfaceatthewashingfacilitiesprovided at the
workplace; and(d)nooneeats,chewsgum,smokesorcarriesanythingused
for smoking in a lead process area; and(e)no
one in a lead process area drinks from anything otherthanadrinkingfacilitythatismadefreefromleadcontamination; and(f)the
workplace is, as far as is practicable, cleaned of lead;and(g)a lead process
area is not cleaned by compressed air oranother
compressed gas or dry sweeping; and(h)a
worker does not take lead contaminated clothing homefor
laundering; and(i)lead contaminated clothing is
laundered.(6)Subsections(1)to(5)areworkplacehealthandsafetyobligations for
the Act.236Atmospheric monitoring(1)Iftheriskassessmentshowsaprocessincludesalead-riskjob, the
relevant person must ensure—(a)atmospheric monitoring is done in a lead
process area atthe workplace; and(b)theresultofthemonitoringisrecordedassoonaspracticable.Reprint 2J
effective 1 July 2011Page 189
Workplace Health and Safety Regulation
2008Part 17 Lead[s 237]Maximum penalty for subsection (1)(b)—30
penalty units.(2)Subsection (1)(a) is a workplace
health and safety obligationfor the
Act.237Health surveillance(1)Iftheriskassessmentshowsaprocessincludesalead-riskjob, the
relevant person must arrange for health surveillanceof
the relevant person or a worker who—(a)is
to start work in the job; or(b)works in the job.(2)For
a relevant person or worker who is to start work in thelead-risk job, the relevant person must
arrange for—(a)health surveillance of the relevant
person or worker tobedonebeforetherelevantpersonorworkerstartswork; and(b)morebiologicalmonitoringoftherelevantpersonorworkertobedonewithin1monthaftertherelevantperson or worker
starts work; and(c)morehealthsurveillanceoftherelevantpersonorworkertobedonewithin3monthsaftertherelevantperson or worker
starts work; and(d)morehealthsurveillanceoftherelevantpersonorworkertobedonewithin6monthsaftertherelevantperson or worker
starts work.(3)For a relevant person or worker who
works in the lead-riskjob, the relevant person must arrange
for—(a)health surveillance of the relevant
person or worker tobe done within 1 month after the risk
assessment showsthe job is a lead-risk job; and(b)healthsurveillanceorbiologicalmonitoringoftherelevant person or worker to be done
at any other time ifrequested by a designated
doctor.(4)The relevant person must—Page
190Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 17 Lead[s 237](a)arrange for health surveillance or
biological monitoringto be done by a designated doctor;
and(b)givethedesignateddoctor,onrequest,theriskassessment
record; and(c)whenarrangingforhealthsurveillanceorbiologicalmonitoring to be
done, ask the designated doctor to, assoon as possible
after it is done, give—(i)therelevantpersonahealthsurveillancereport;and(ii)the
worker—(A)ifhealthsurveillanceisdone—ahealthsurveillance report and an explanation of
thereport; and(B)if
biological monitoring is done—the resultsof biological
monitoring; and(d)give the chief executive notice, in
the approved form, ofthe results of the health surveillance
within 6 months ofreceiving the report.Maximum penalty
for subsection (4)(d)—30 penalty units.(5)Anythingthatmustbedonebyadesignateddoctorundersubsection(4)maybedoneunderthesupervisionofthedesignated doctor.(6)If
the health surveillance is of a worker, the relevant personmust
ensure the designated doctor is chosen after consultationbetween the relevant person, worker and
workplace health andsafety representative.Maximum penalty—30 penalty units.(7)If,afterconsultation,therelevantperson,workerandworkplacehealthandsafetyrepresentativeareunabletodecide on a designated doctor, the
designated doctor is to bechosen by the relevant person.(8)The relevant person must pay for the
health surveillance of aworker of the relevant person under
this section.Reprint 2J effective 1 July 2011Page
191
Workplace Health and Safety Regulation
2008Part 17 Lead[s 238]Maximum penalty—30 penalty units.(9)Subsections(1)to(4)(c)areworkplacehealthandsafetyobligations for
the Act.(10)In this
section—health surveillance reportmeans information about—(a)the
effects on a person’s health related to the person’sexposure to lead because of a lead-risk job;
and(b)the need, if any, for remedial action;
and(c)the type of remedial action
needed.238Reviewing control measures(1)If the atmospheric monitoring shows
the level of exposure isequal to or more than the national
exposure standard for lead,the relevant
person must review the control measures decidedin the risk
assessment.(2)Ifthedesignateddoctor,inahealthsurveillancereport,recommends the relevant person or worker
must be removedfromalead-riskjob,orthatcontrolmeasuresmustbereviewed, the relevant person
must—(a)identify how the relevant person or
worker was exposedto the lead; and(b)review the control measures; and(c)control the exposure.(3)Subsections(1)and(2)areworkplacehealthandsafetyobligations for
the Act.239Removal of worker from a lead-risk
job(1)Arelevantpersonwhoisanemployermustimmediatelyremove a worker
from a lead-risk job to a job that is not alead-risk job
if—(a)the designated doctor, in the health
surveillance report,recommends the worker be removed from
the lead-riskPage 192Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 17 Lead[s 240]job
because of the worker’s confirmed blood lead level;or(b)the worker tells
the relevant person that the worker—(i)hasamedicalconditionthatmaybeadverselyaffected by exposure to lead; or(ii)is pregnant or
breast feeding; or(c)the relevant person, after
consultation with the worker,considers the
worker has been exposed to an excessivelevel of lead;
or(d)the worker, after consultation with
the relevant person,considers the worker has been exposed
to an excessivelevel of lead.Note—In relation to taking action under
this section or division, a person mayalso have
obligations to comply with anti-discrimination or industriallaws.(2)If
the relevant person or worker considers the worker has beenexposedtoanexcessiveleveloflead,therelevantpersonmust
arrange for health surveillance of the worker to be donewithin 7 days after the worker is
removed.(3)Subsections(1)and(2)areworkplacehealthandsafetyobligations for
the Act.240Removal of relevant person from a
lead-risk job(1)Arelevantpersonmustremovehimselforherselffromalead-risk job to a job that is not a
lead-risk job if—(a)the designated doctor, in the health
surveillance report,recommendstherelevantpersonberemovedfromthelead-riskjobbecauseoftheperson’sconfirmedbloodlead level;
or(b)the relevant person—(i)hasamedicalconditionthatmaybeadverselyaffected by
exposure to lead; orReprint 2J effective 1 July 2011Page
193
Workplace Health and Safety Regulation
2008Part 17 Lead[s 241](ii)is pregnant or
breast feeding.(2)If the relevant person considers he or
she has been exposed toan excessive level of lead, the
relevant person must arrangefor health
surveillance of himself or herself to be done within7
days after the relevant person removes himself or herself.(3)Subsections(1)and(2)areworkplacehealthandsafetyobligations for
the Act.241Return to a lead-risk job(1)Arelevantpersonwhoisanemployermustnotallowaworker to return to a lead-risk job from
which the worker wasremoved under section 239 unless a
designated doctor, afterdeterminingtheworker’sconfirmedbloodleadlevelbyhealth surveillance, advises the worker may
return.(2)Arelevantpersonmustnotreturntoalead-riskjobfromwhich the
relevant person removed himself or herself undersection 240 unless a designated doctor,
after determining theconfirmed blood lead level ofthe
relevant person by healthsurveillance, advises the relevant
person may return.(3)Subsection (1) is a workplace health
and safety obligation forthe Act.242Confidentiality of worker’s medical
recordArelevantpersonwhoisanemployermustnotdisclosetoanyone, other than the worker or someone
with the worker’swritten consent, the contents of a worker’s
medical record.Maximum penalty—30 penalty units.243Induction and training about
lead(1)A relevant person who is an employer
must give a worker whomaybeexposedtoleadattheworkplaceinductionand,atleast annually, information and ongoing
training about lead,including about the worker’s
obligations under division 5.Page 194Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 17 Lead[s 244](2)The induction and training must be
appropriate having regardto—(a)the
level of risk identified in a risk assessment; and(b)the types of workers who may be
exposed to the lead;andExamples for
paragraph (b)—•workers from a
non-English speaking background•females of reproductive capacity(c)thepotentialhealthrisksandtoxiceffectsassociatedwith lead
absorption; and(d)thecontrolmeasuresbeingusedtominimisetherisk;and(e)the correct way to implement the
control measures; andExamples for paragraph (e)—•the correct care
and use of personal protective equipment•thecorrectwaytodotheworkpracticesmentionedinsection 235(5)(f)the
health surveillance required under this part.(3)Subsection (1) is a workplace health and
safety obligation forthe Act.244Keeping records(1)If a
risk assessment shows that a process includes a lead-riskjob,
the relevant person must keep the following documentsfor30yearsfromthedaytheparticulardocumentwasmade—(a)arecordofthepersonworkinginthelead-riskjob,including the
person’s name, sex and the type of workcarried out by
the person;(b)the risk assessment record;(c)the results of atmospheric
monitoring;(d)the health surveillance report;Reprint 2J effective 1 July 2011Page
195
Workplace Health and Safety Regulation
2008Part 17 Lead[s 244](e)a record of the date when a person was
removed from, orreturned to, the lead-risk job.Maximum penalty—30 penalty units.(2)If a risk assessment shows that a
process does not include alead-riskjob,therelevantpersonmustkeeptheriskassessmentrecordforatleast5yearsfromthedayitwasmade.Maximum
penalty—30 penalty units.(3)A relevant
person who is an employer must keep a record oftheinductionandtraininggiventoaworkerforatleast5years from the date of the last entry
in the record.Maximum penalty—30 penalty units.(4)The record must include the following
information for eachinduction or training session—(a)the date of the session;(b)the topics dealt with at the
session;(c)the name of the person who conducted
the session;(d)the names of the workers who attended
the session.Maximum penalty—30 penalty units.(5)The relevant person must allow—(a)aworker,ortheworkplacehealthandsafetyrepresentativetoinspectadocumentmentionedinsubsection (1)(a), (b) or (c), (2) or
(3) at any reasonabletime; and(b)a
worker to copy the document.Maximum
penalty—30 penalty units.(6)Ifapersonstopsbeingarelevantpersonintheperiodadocument is required to be kept under
subsection (1), (2) or(3),thepersonmustaskfor,andcomplywith,thechiefexecutive’s
directions about the documents storage.Maximum
penalty—30 penalty units.Page 196Reprint 2J
effective 1 July 2011
Division 5Workplace Health
and Safety Regulation 2008Part 18 Confined spaces[s
245]Workers245Who
division applies toThis division applies to a worker at a
workplace where a leadprocess is carried out.246Health surveillance(1)Aworkermustcomplywiththerequestoftheworker’semployer to
undergo health surveillance.(2)Subsection (1) is a workplace health and
safety obligation forthe Act.247Advising of pregnancy or breast
feeding(1)A worker must tell the worker’s
employer that the worker—(a)if the worker
knows the worker has a medical conditionthat may be
adversely affected by exposure to lead—hasthe medical
condition; or(b)iftheworkerknowstheworkerispregnant—ispregnant;
or(c)is breast feeding.(2)Subsection (1) is a workplace health and
safety obligation forthe Act.Part 18Confined spaces248Designing, manufacturing or supplying a
confined space(1)Adesigner,manufacturerorsupplierofplantthatisaconfinedspacemustcomplywithclauses6.1to6.3ofAS/NZS 2865.Reprint 2J
effective 1 July 2011Page 197
Workplace Health and Safety Regulation
2008Part 18 Confined spaces[s 249]Editor’s note—AS/NZS 2865 (Safe working in a confined
space)(2)Subsection (1) is a workplace health
and safety obligation forthe Act.249Modifying a confined space(1)A person who modifies a confined space
must comply withclause 6.4 of AS/NZS 2865.(2)Subsection (1) is a workplace health
and safety obligation forthe Act.250Using
a confined space(1)A relevant person at a workplace at
which a confined space isused, or is to be used, must comply
with the following clausesof AS/NZS 2865—(a)clause 8.1;(b)clauses 9.1 and 9.2;(c)clauses 10.1, 10.5, 10.11, 10.22, 10.30,
10.41 and 10.46to 10.48;(d)clauses 11.1, 11.3, 11.6 and 11.9;(e)clauses 12.1 and 12.2;(f)clause 13.Editor’s
note—AS/NZS 2865 (Safe working in a
confined space)—clause 8.1 (Hazardidentification),clauses9.1and9.2(Riskassessment),clauses10.1,10.5, 10.11,
10.22, 10.30, 10.41 and 10.46 to 10.48 (Control measures),clauses 11.1, 11.3, 11.6 and 11.9 (Training
and competence), clauses12.1 and 12.2 (Emergency response),
and clause 13 (Record keeping)Maximum penalty
for subsection (1)(a), (b) or (f)—30 penaltyunits.(2)A risk assessment under subsection
(1)(b) must be carried outby a person who has acquired through
training, qualificationsPage 198Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 19 Roll-over protective structures for
wheeled tractors[s 251]or experience
the knowledge and skills enabling the person toperform the
assessment.(3)Subsection(1)(c)to(e)isaworkplacehealthandsafetyobligation for
the Act.Part 19Roll-over
protective structuresfor wheeled tractorsDivision 1Interpretation251Definitions for pt 19In this
part—exempt tractormeans a tractor
that—(a)weighslessthan560kg,ormorethan15000kg,measured with a
full fuel tank, coolant and lubricatingoil; or(b)is being used in, or driven to or
from, an orchard thatwould impede the operation of the
tractor if a roll-overprotective structure were to be fitted
to the tractor; or(c)is being used in or near a building or
other structure thatwould impede the operation of the
tractor if a roll-overprotective structure were to be fitted
to the tractor; or(d)is being used in a stationary
position; or(e)is being driven to or from a place
where the tractor is tobe used, or has been used, in a
stationary position; or(f)is being
maintained, modified, serviced or repaired if itis
necessary to remove the tractor’s roll-over protectivestructure to do the maintenance,
modification, service orrepair; or(g)is
being used for a historical activity; orReprint 2J
effective 1 July 2011Page 199
Workplace Health and Safety Regulation
2008Part 19 Roll-over protective structures for
wheeled tractors[s 251](h)is
being sold for scrap or spare parts.historical
activity, in relation to the use of a tractor,
includesan activity ancillary to a historical
activity.Example of a historical activity—a historical display, parade,
demonstration or re-enactmentExample of an
activity ancillary to a historical activity—restoring,maintaining,modifying,servicing,repairingorhousingatractor used, or to be used, for a
historical activityroll-over protective structuremeans a structure—(a)designed and constructed to prevent or
minimise the riskof death or injury to the operator of a
tractor because ofthe tractor rolling over in any direction;
and(b)ifthestructureisfittedtoatractoronorafter1July2003—thatcomplieswithanyofthefollowingstandards—•AS
1636•AS 2294•ISO
3463•ISO 3471-1•ISO
5700•OECD Code 3•OECD
Code 4•OECD Code 6•OECD
Code 7•OECD Code 8•SAE
J 1040•SAE J 1194•SAE
J 2194Page 200Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 19 Roll-over protective structures for
wheeled tractors[s 251]Editor’s
note—AS1636(Tractors—Roll-overstructures—Criteria and tests)protectiveAS2294(Earth-movingmachinery—Protectivestructures)ISO3463(Tractorsforestry—Roll-over(ROPS)—Dynamictestconditions)foragricultureandprotectivestructuresmethodandacceptanceISO3471-1(Earth-movingmachinery—Roll-overprotective
structures—Laboratorytests and performancerequirements)ISO5700(Tractorsforagricultureandforestry—Roll-over protective structures
(ROPS)—Statictest method and acceptance
conditions)OECD Code 3 (Standard code for the official
testing ofprotective structures on agricultural and
forestry tractors(dynamic test))OECD Code 4
(Standard code for the official testing ofprotective
structures on agricultural and forestry tractors(static test))OECD Code 6
(Standard code for the official testing offrontmountedroll-overprotectivestructuresonnarrow-track wheeled agricultural and
forestry tractors)OECD Code 7 (Standard code for the official
testing ofrearmountedroll-overprotectivestructuresonnarrow-track wheeled agricultural and
forestry tractors)OECD Code 8 (Standard code for the official
testing ofprotectivestructuresonagriculturalandforestrytracklaying
tractors)SAE J 1040 (Performance criteria for
rollover protectivestructures (ROPS) for construction,
earthmoving, forestry,and mining machines)SAE J
1194 (Rollover protective structures (ROPS) forwheeled
agricultural tractors)SAE J 2194 (Roll-over protective
structures (ROPS) forwheeled agricultural tractors)tractorsee section
252.Reprint 2J effective 1 July 2011Page
201
Workplace Health and Safety Regulation
2008Part 19 Roll-over protective structures for
wheeled tractors[s 252]252Meaning oftractor(1)In this part,tractormeans a vehicle primarily designed
to—(a)haul agricultural machinery or
implements; or(b)provide power for agricultural
machinery or implementsby transmission shaft, belt or linkage
system.(2)For subsection (1), it does not matter
whether the vehicle—(a)is used at an
agricultural workplace; or(b)canbeconvertedtemporarilyintoearthmovingmachinery.(3)However,avehicleprimarilydesignedasearthmovingmachinery is not
a tractor under this part.Example of earthmoving
machinery—a dozer or front-end loader(4)A vehicle is not a tractor if the
vehicle has been permanentlymodified to the
extent that it can no longer—(a)haul
agricultural machinery or implements; or(b)provide power for agricultural machinery or
implementsby transmission shaft, belt or linkage
system.253Demonstrator tractor is taken to be
newFor this part, a tractor that is a
demonstrator for new tractors istaken to be
new.Division 2Ways to prevent
or minimise riskfrom wheeled tractor rolling over254Ways to prevent or minimise risk
prescribedSections255and256prescribewaysofpreventingorminimising exposure of the operator of a
wheeled tractor tothe risk of death or injury from the tractor
rolling over.Page 202Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 19 Roll-over protective structures for
wheeled tractors[s 255]255Roll-over protective structure to be fitted
to wheeledtractor used by relevant person(1)This section does not apply to—(a)an exempt tractor; or(b)a tractor manufactured before 1
January 1981.(2)A relevant person must ensure that a
wheeled tractor used byhimself or herself, as the operator of
the tractor, in the conductof his or her
business or undertaking is fitted with a roll-overprotective structure.Maximum
penalty—40 penalty units.256Roll-over
protective structure to be fitted to wheeledtractor used by
workerArelevantpersonwhoisanemployermustensurethatawheeledtractor,otherthananexempttractor,usedbyaworker of the relevant person as the
operator of the tractor isfitted with a roll-over protective
structure.Maximum penalty—40 penalty units.Division 3Obligation of
prospective supplierof wheeled tractor not fitted with
aroll-over protective structure257Obligation of prospective supplier of
wheeled tractor notfitted with a roll-over protective
structure(1)This section applies to a wheeled
tractor that—(a)weighsatleast560kg,butnotmorethan15000kg,measured with a full fuel tank, coolant and
lubricatingoil; and(b)isnotfittedwitharoll-overprotectivestructurecomplying with AS 1636.Reprint 2J
effective 1 July 2011Page 203
Workplace Health and Safety Regulation
2008Part 19 Roll-over protective structures for
wheeled tractors[s 257](2)Aperson(theprospectivesupplier)mustnotsupplythetractor.(3)The
prospective supplier does not contravene subsection (2) ifthepersontowhomthetractoristobesuppliedtells,ingeneralterms,theprospectivesupplier,orsomeonefortheprospective supplier, that the person
intends to use the tractoronly in 1 or more of the following
ways (thestated way)—(a)in a stationary position;(b)inanorchardthatwouldimpedetheoperationofthetractor if a roll-over protective
structure were to be fittedto the
tractor;(c)inornearabuildingorotherstructurethatwouldimpedetheoperationofthetractorifaroll-overprotective
structure were to be fitted to the tractor;(d)for
a historical activity;(e)for scrap or
spare parts.(4)However,subsection(3)doesnotapplyiftheprospectivesupplier knows
or suspects that the person intends to use thetractor in a way
other than the stated way.(5)Subsection (2)
is a workplace health and safety obligation forthe Act.(6)A person must not tell a prospective
supplier, as mentioned insubsection (2), that the person
intends to use a tractor only in1 or more of the
stated ways if the person does not have thatintention at the
time of the statement.Maximum penalty—20 penalty
units.(7)In this section—supplyincludes sell, hire out, lease, auction and
barter.Page 204Reprint 2J
effective 1 July 2011
Part
20Workplace Health and Safety Regulation
2008Part 20 Construction work[s 258]Construction workDivision 1Definitions258Definitions for pt 20In this
part—anchorage pointmeans a device
or thing by which a lanyard,static line or
other line may be attached to a building or otherstructure, and includes the part of the
building or structure towhich the device or thing is
attached.Examples—•a stainless steel eyebolt, set in a
concrete floor, to which a lanyardmay be
attached•a sling around a steel I beam, with
padding under the sling, joinedby a shackle or
other joining device to which a lanyard may beattached•aplateforatravelrestraintsystemfixedbyscrewstoaroofcomponent to
which a lanyard may be attachedbarricademeans a self-supporting fence, or a
self-supportingseries of continuous plastic, concrete or
other solid barriers,usuallytemporary,erectedorplacedtorestricttheentryofpersons to a workplace.Examples of
fences—•steel pickets
joined by chain wire of appropriate height to restrictentry•steel
pickets joined by rows of wire at appropriate heights to
restrictentry•steel
pickets joined by taut plastic webbing commonly known aspara-webbingcaissonmeansastructurethatprovidesanundergroundpassageway or a
passageway through water.catchplatformmeansaplatformdesignedtoprovideoverhead
protection to persons by catching falling objects.Reprint 2J effective 1 July 2011Page
205
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 258]civil construction workmeans
construction work in relationto any of the
following structures—(a)astructurementionedinschedule3oftheAct,definitionstructure,
paragraph (b), (c) or (d);(b)a bridge;(c)a pumping station;(d)a
refinery;(e)a telecommunications structure.cofferdammeans a
temporary wall erected to exclude waterfrom an area
normally under water.commonplantmeansplantprovidedbytheprincipalcontractorforusebyanypersonattheworkplaceforapurposeotherthandischargingtheprincipalcontractor’sworkplace health
and safety obligations.construction safety planmeans a plan prepared by a principalcontractor under section 263.edgeprotectionmeansabarriertopreventapersonfallingerected along the edge of—(a)a building or other structure;
or(b)an opening in a surface of a building
or other structure;or(c)a fall arresting
platform; or(d)the surface from which work is to be
done.excavationmeansaholeintheearth,orafaceofearth,formed after
rock, sand, soil or other material is removed.Examples—•a trench, ditch,
shaft, well, tunnel, pier hole, cutting, caisson orcofferdam•a
hole drilled in the earthexcavationworkmeansworktomake,fillorpartlyfillanexcavation.Page 206Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 258]fall-arrest harness systemmeans a system that—(a)isdesignedtoarrestthefallofapersonusingitandprevent or
minimise the risk of injury to the person asthe fall is
arrested; and(b)consists of a harness attached
to—(i)a device to absorb the energy of the
falling personattached to a lanyard that is attached to a
static lineor anchorage point; or(ii)a
line that—(A)has a device that automatically locks
the line,and absorbs the energy of the falling
person;and(B)is attached to a
static line or anchorage point;or(iii)a lanyard
that—(A)has a device that travels along a line
or rail,automatically locks onto the line or rail,
andabsorbs the energy of the falling person;
and(B)is attached to a static line or
anchorage point.fall arresting platformmeans a platform
installed to arrest thefall of a person who falls from a
building or other structure.fall protection
covermeans a structure that—(a)is
placed over an opening in a surface of a building orotherstructuretopreventapersonfallingthroughtheopening; and(b)consists of solid sheets of sturdy
material.Examples for paragraph (b)—solid sheets of sturdy timber,
plywood, metal, meshgantrymeans a
structure that has—(a)an overhead platform; andReprint 2J effective 1 July 2011Page
207
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 258](b)a hoarding, at least 1800mm high that
is fully sheetedwith timber, plywood, metal or sturdy
synthetic sheets,running along its length.geo-technicalengineermeansanengineerwhoholdsanengineering qualification relevant to
geo-technology.high risk construction activitysee
section 259.hoardingmeansaself-supportingstructure,fullysheetedwithtimber,plywood,metalorsturdysyntheticsheets,orfully covered by chain wire or sturdy mesh,
that is designed—(a)topreventpersonsotherthanrelevantpersonsorworkers from entering a place where
construction workis being performed; and(b)toprovideprotectiontothosepersonsagainstobjectsapproaching them from the side.housing construction workmeans construction work that iswork
to erect, construct, extend or structurally alter—(a)any of the following dwellings that is
not located aboveor below another dwelling or another part of
a building,other than a part that is a private
garage—(i)a detached house;(ii)an
attached dwelling, separated from the dwellingtowhichitisattachedbyafire-resistingwall,including,forexample,aterracehouseortownhouse;(iii)aboardinghouse,guesthouse,hostelorsimilarbuilding with a
floor area of not more than 300m2;or(b)abuildingthatisnotdesignedforhabitationbutisancillary to a building to which
paragraph (a) applies.Example of an ancillary
building—a private garage, carport or
shedPage 208Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 258]lightworkmeansworkthatislighthavingregardtothefollowing—(a)the
amount of physical exertion involved;(b)the
physical capacity of the person doing the work;(c)the
range of movement involved;(d)the
weight or bulk of materials or equipment involved.Examples of light work—•painting•installingaroofgutter,air-conditioningduct,metalfasciaorlighting•placing pine roof trusses in position on the
roof of a low-set house•performing
inspections or tests•installing an electrical
connectionExamples of work that is not light
work—•fixing plaster
board sheeting to an internal stairwell void•fixing cladding to a gable end of a
roof•using a medium or heavy duty angle
grinder or circular sawobjectincludes
material.overheadplatformmeansaplatformdesignedtoprovideoverhead
protection to persons against falling objects.perimeter
containment screeningmeans a screen—(a)designed to stop objects falling on persons
from a levelof a building; or(b)to
redirect a falling object onto a catch platform.permitted work, in relation to
work involving a ladder, meanswork in
which—(a)the weight, size or shape of any
equipment or materialthe person using the ladder is
carrying is not likely to—(i)restrict the
person’s movement while the person isclimbing or
descending the ladder; orReprint 2J effective 1 July 2011Page
209
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 258]Page
210(ii)causethepersontolosebalanceontheladderwhile doing the work; and(b)theperson’strunkisapproximatelycentredoverthecentre of the space between the sides of the
ladder fromwhenthepersonisfullyontheladdertowhentheperson is leaving the ladder; and(c)any equipment being used by the person
can be operatedusing1handunlessacontrolmeasuredesignedtosupport the person’s body is being worn or
used.Example of a control measure—a strap, commonly known as a pole
strap, that fits around a poleand is attached
to a harness worn by the personprescribed
information, about an underground service, meanstheinformationabouttheservicenecessarytosafelydoexcavation work at or near the service,
including—(a)the location of the service;
and(b)the type of the service; and(c)the depth of the service; and(d)for an electrical service—whether the
service is or is notlive; and(e)the
restrictions to be followed in doing the work.site-specificinduction,forconstructionwork,meansaworkplace health and safety induction that
is specific to theplace where the construction work is to be
performed.staticlinemeansaflexibleline,towhichalanyardisattached, supported by at least 2 anchorage
points located sothattheanglebetweenthehorizontalandanimaginarystraightlinebetweenanyanchoragepointandtheotherornearest anchorage point is—(a)if the manufacturer of the flexible
line has specified thesize of the angle—not more than the
size specified; or(b)ifthemanufacturerhasnotspecifiedthesizeoftheangle—not more than 5º.Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 259]travel restraint systemmeans a system
that—(a)consistsofaharnessorbelt,attachedto1ormorelanyards,eachofwhichisattachedtoastaticlineoranchorage point; and(b)isdesignedtorestrictthetravellingrangeofapersonwearing the harness or belt so that the
person can not getinto a position where the person could fall
off an edge ofa surface or through a surface.trenchmeansanexcavationwherethemaximumdepthismore than the minimum width.underground servicemeans a cable,
pipe or other thing laidor installed underground for the
transmission, transportationor storage of
electricity or a substance.Examples—•underground
electrical cables•underground gas pipelines•underground fuel tanks or pipes•underground water pipes•underground sewerage pipelines or
services•underground stormwater pipes or
serviceswork method statement—(a)forahighriskconstructionactivityotherthanaprescribed activity—see section 260;
or(b)for a high risk construction activity
that is a prescribedactivity—see section 261.259Meaning ofhigh risk
construction activity(1)An activity is
ahigh risk construction activityif
the activityis part of construction work and—(a)the activity involves a person—(i)entering a trench that is more than
1.5m deep; or(ii)using
explosives; orReprint 2J effective 1 July 2011Page
211
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 259](iii)using a confined
space; or(iv)using a
hazardous substance; or(b)during the
activity, a person could fall—(i)iftheactivityishousingconstructionwork—atleast 3m; or(ii)if
the activity is not housing construction work—atleast 2m; or(c)the
activity is performed on a roof with a pitch of morethan
26º; or(d)the activity is—(i)a
prescribed activity; or(ii)demolition work
that is not a prescribed activity; or(e)the
activity consists of—(i)tilt-up and
precast construction work; or(ii)structuralalterationsthatrequiretemporarysupport to prevent collapse; or(iii)themovementofpoweredmobileplantattheworkplace; orExamples for
subparagraph (iii)—•the movement of
forklifts at the workplace•the interaction
of rollers with other powered mobileplant at the
workplace•theinteractionofgraderswithpersonsattheworkplace(iv)work
on a telecommunications tower; or(v)work
in, over or adjacent to water if there is a riskof
drowning; or(vi)work on, or
adjacent to, a road or railway; or(vii)
workonornearapressurisedgasdistributionmains and
consumer piping; orPage 212Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 260](viii) work on or near a chemical, fuel or
refrigerant line;or(ix)worknearanexposedenergisedelectricalinstallation;
or(x)work in an area that may have a
contaminated orflammable atmosphere; or(xi)work
in an area where there are artificial extremesof temperature;
or(f)theprincipalcontractorfortheconstructionworkreasonably believes the activity could
result in death orbodily harm.(2)In
this section—electricalinstallationseetheElectricalSafetyAct2002,schedule 2.energisesee
theElectrical Safety Act 2002,
schedule 2.exposedsee theElectrical Safety Act 2002,
schedule 2.hazardous substancehas the same
meaning as in section 198.powder-actuatedhand-heldfasteningtoolhasthesamemeaning as in AS/NZS 1873.Editor’s note—AS/NZS 1873 (Powder-actuated (PA) hand-held
fastening tools)usingexplosivesdoesnotincludeusingpowder-actuatedhand-held
fastening tools.260Meaning ofwork method
statementfor high riskconstruction
activity other than prescribed activity(1)Aworkmethodstatement,forahighriskconstructionactivity, other
than a prescribed activity, is a written statementfor
the activity prepared by or under the direction of a
relevantperson and stating—(a)the
high risk construction activity; and(b)if
the relevant person has an ABN, the ABN; andReprint 2J
effective 1 July 2011Page 213
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 260](c)thespecificcontrolmeasurestherelevantpersonproposestousetodischargetherelevantperson’sworkplace health and safety obligations for
the activity;and(d)thewaytherelevantpersonproposestoperformtheactivity,includinghowthecontrolmeasuresaretobeused; and(e)howtheeffectivenessofthecontrolmeasureswillbemonitored and reviewed; andExampleofhowtheeffectivenessofacontrolmeasuremaybemonitored—Before work starts each day, a
competent person will check theshoring of a
trench more than 1.5m deep to ensure the trenchwill not
collapse.(f)if the activity is to be performed in
an earthmoving orparticular crane occupation—the occupation;
and(g)if the activity is high risk work—the
class of high riskwork that includes the work.(2)Control measures mentioned in
subsection (1)(c) are controlmeasures
directed at—(a)if the activity is a high risk
construction activity becauseof section
259(1)(a)(i)—the trench collapsing; or(b)if
the activity is a high risk construction activity becauseof
section 259(1)(a)(ii)—an explosion; or(c)if
the activity is a high risk construction activity becauseofsection259(1)(a)(iii)—workingintheconfinedspace; or(d)if the activity is a high risk
construction activity becauseofsection259(1)(a)(iv)—beingexposedtothesubstance;
or(e)if the activity is a high risk
construction activity becauseof section
259(1)(b) or (c)—falling; or(f)if
the activity is a high risk construction activity becauseofsection259(1)(f)—hazardstheprincipalcontractoridentifies.Page 214Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 261](3)A work method statement for a high
risk construction activity,otherthanaprescribedactivity,maybeagenericworkmethod statement prepared for workplaces
where the activityistobeperformedinthesamewayinthesameorsimilarcircumstances.261Meaning ofwork method
statementfor high riskconstruction
activity that is prescribed activity(1)Aworkmethodstatement,forahighriskconstructionactivity that is
a prescribed activity, is a written statement forthe
activity prepared by or under the direction of a relevantperson who is the holder of a certificate
under section 46 toperform the activity that states—(a)what prescribed activity is being
performed; and(b)if the holder has an ABN, the ABN;
and(c)the certificate number of the
certificate; and(d)the specific control measures the
holder proposes to usetodischargetheholder’sworkplacehealthandsafetyobligations for
the activity; and(e)thewaytheholderproposestoperformtheactivity,including how
the control measures are to be used; and(f)howtheeffectivenessofthecontrolmeasureswillbemonitored and reviewed; and(g)the arrangements for appropriate
training under part 4 ofworkers employed, or otherwise
allowed, to perform theactivity; and(h)thearrangementsforsupervisionunderpart4oftheperformanceoftheactivitybyacompetentpersonwithin the meaning of section 50(2).(2)A work method statement for a high
risk construction activitythatisaprescribedactivitymaybeagenericworkmethodstatement
prepared for workplaces where the activity is to beperformedinthesamewayinthesameorsimilarcircumstances.Reprint 2J
effective 1 July 2011Page 215
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 262]Division 2Principal
contractorsSubdivision 1Preliminary262Application of div 2(1)This
division applies only to a principal contractor performingconstruction work.(2)However,subsection(1)doesnotpreventaprincipalcontractorfromhavingobligationsunderdivision3iftheprincipal
contractor performs construction work as a relevantperson.Subdivision
2Obligation to prepare constructionsafety plan263Principal contractor must prepare
construction safetyplan(1)Aprincipalcontractormustprepareawrittenconstructionsafetyplancomplyingwithsubsections(2)and(3)beforeconstruction work starts.Maximum penalty—30 penalty units.(2)The construction safety plan must
state—(a)theaddresswheretheconstructionworkistobeperformed; and(b)the
name and address of the principal contractor for theconstruction work; and(c)if
the principal contractor has an ABN, the ABN; and(d)whetherthereisaworkplacehealthandsafetycommitteefortheworkplacewheretheconstructionwork is to be
performed; andPage 216Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 263]Note—See part 7
(Workplace consultative arrangements), division 4(Workplace health and safety committees) of
the Act.(e)whetherthereisaworkplacehealthandsafetyofficerappointedfortheworkplacewheretheconstructionwork is to be
performed; andNote—See part 8
(Workplace health and safety officers) of the Act.(f)when the construction work is expected
to start; and(g)theprincipalcontractor’sestimateofhowlongtheconstruction work will take;
and(h)the type of construction work to be
performed; andExamples of the type of construction work to
be performed—•work to erect a
town house•work to construct a road•work to demolish an office
block(i)therisksoftheconstructionworkforwhichtheprincipal contractor has a workplace health
and safetyobligation; and(j)the
proposed control measures to prevent, or minimisethe
level of the risks; and(k)howtheprincipalcontractorproposestoensuretheproposed control measures are used;
and(l)howtheprincipalcontractorproposestomonitorandreviewtheeffectivenessoftheproposedcontrolmeasures; and(m)the
site rules; andExamples of site rules—1All visitors to the site must report
immediately to the siteoffice.2Safety boots and goggles must be worn on the
site.3A person must not consume alcohol on
the site.Reprint 2J effective 1 July 2011Page
217
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 264](n)theemergencyproceduresfortheconstructionwork;andExamples of emergency
procedures—1If there is an
emergency evacuation, a siren will sound andall personnel
must assemble on the corner of Green Streetand Blue Street
to await further instruction for returning tothe site.2the periodic testing of emergency
lighting installations3the periodic
testing of fire fighting equipment(o)how
the principal contractor proposes to discharge theprincipal contractor’s obligation to persons
using areasadjacenttotheplacewheretheconstructionworkisbeing performed; andExample—A
gantry with a hoarding will be provided over the footpath toprotect persons from falling objects.(p)the common plant to be
provided.Examples of common plant—•perimeter guard railing•1800mm hoarding(3)The
construction safety plan must be—(a)written in a way likely to be understood by
the personslikely to be performing the construction
work; and(b)signed and dated by the principal
contractor.264When principal contractor not to allow
relevant person tostart housing construction workA
principal contractor must not allow a relevant person to
startconstructionworkthatishousingconstructionworkunlessthe principal
contractor, or someone acting for the principalcontractor,
has—(a)giventhepersonacopyofthecurrentconstructionsafety plan;
orPage 218Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 265](b)discussed with the person the aspects
of the constructionsafety plan relevant to the person’s
work.Maximum penalty—30 penalty units.265When principal contractor not to allow
relevant person tostart construction work, other than housing
constructionworkA principal
contractor must not allow a relevant person to startconstructionworkotherthanhousingconstructionworkunless the current construction safety
plan—(a)isavailableforinspectionattheworkplacebyanypersonperformingorintendingtoperformtheconstruction work; or(b)iftheprincipalcontractor,orsomeoneactingfortheprincipal
contractor, is not present at the workplace—isreadilyavailableforinspectionbyanypersonperformingorintendingtoperformtheconstructionwork.Maximum penalty—30 penalty units.266Availability of current construction
safety planAprincipalcontractormustensurethecurrentconstructionsafety plan and
current work method statements held by theprincipal
contractor are readily available for inspection whilethe
construction work is being performed.Maximum
penalty—30 penalty units.267Amendment of
construction safety plan(1)Aprincipalcontractormustensuretheconstructionsafetyplanisamendedifthereisachangeintheinformationmentioned in
section 263(2)(i) to (p).Maximum penalty—30 penalty
units.Reprint 2J effective 1 July 2011Page
219
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 268](2)If the construction safety plan is
amended under subsection(1), the principal contractor must
ensure each relevant personaffected by the
amendment is—(a)advised of the details of the
amendment; or(b)given a copy of the amendment.Maximum penalty—30 penalty units.Subdivision 3Principal
contractor’s obligation forwork method
statements268Principal contractor not to allow
relevant person to starthigh risk construction activity unless
work methodstatement preparedA principal
contractor must not allow a relevant person to starta
high risk construction activity unless the relevant person
hasprepared a work method statement for the
activity.Maximum penalty—30 penalty units.269Work method statement or amended work
methodstatement to be kept with construction
safety plan(1)This section applies if a principal
contractor is given a workmethod statement or amended work
method statement for ahigh risk construction activity to be
performed.(2)The principal contractor must—(a)signanddatetheworkmethodstatementoramendedwork method
statement; and(b)keepthestatementoramendedstatementwiththeconstruction safety plan.Maximum penalty—30 penalty units.Page
220Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 270]270Principal contractor not to allow
person to performprescribed activity unless in compliance
with workmethod statementA principal
contractor must not allow a person to perform ahighriskconstructionactivitythatisaprescribedactivityunless the activity is performed in a way
complying with thecurrent work method statement for the
activity.Maximum penalty—30 penalty units.271Principal contractor to monitor use of
work methodstatementAprincipalcontractormustmonitortheuseofanyworkmethod statement
required under this regulation to ensure thatallpersonstowhomthestatementappliescomplywiththestatement.Maximum
penalty—30 penalty units.Subdivision 4Principal
contractor’s obligation tosight induction evidence andconduct site-specific workplacehealth and safety inductions272Principal contractor to sight general
induction evidencebefore construction work starts(1)A principal contractor must not allow
a relevant person to startconstruction work unless the principal
contractor has sightedgeneral induction evidence for the
person.Maximum penalty—30 penalty units.(2)In this section—construction
workdoes not include work to repair a
structurethat is fixed plant, a ship or a
submarine.Reprint 2J effective 1 July 2011Page
221
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 273]273Site-specific induction to be
given(1)Thissectiondoesnotapplytoconstructionworkthatishousing construction work.(2)A principal contractor must ensure a
person has been given asite-specific induction for the
workplace before allowing theperson to start
construction work.Maximum penalty—30 penalty units.(3)A principal contractor must ensure a
person entering a part ofthe workplace where construction work
is being performed—(a)hasbeengivenasite-specificinductionfortheworkplace;
or(b)is accompanied by the principal
contractor or someonewhohasbeengivenasite-specificinductionfortheworkplace.Maximum
penalty—30 penalty units.(4)The principal
contractor must ensure that induction given to apersonincludesthefollowingaspectsoftheconstructionsafety plan for
the workplace—(a)whether there is a health and safety
committee for theworkplace;(b)ifthereisaworkplacehealthandsafetyofficerappointed—(i)the
officer’s name and contact details; and(ii)a
description of the officer’s role;(c)theprincipalcontractor’sestimateofhowlongtheconstruction work will take;(d)howtheprincipalcontractorproposestomonitorandreviewtheeffectivenessofthecontrolmeasurestheprincipal contractor has used or will
use;(e)the site rules;(f)emergency procedures, including the name and
contactdetails of the first aid officer;Page
222Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 274](g)the common plant and directions about
how it is to beused at the workplace.Maximum
penalty—30 penalty units.(5)The principal
contractor must ensure a record is made of—(a)the
name of each person inducted; and(b)the
date the induction was given.Maximum
penalty—30 penalty units.(6)Theprincipalcontractormustkeeptherecordmadeundersubsection (5)
until the construction work ends.Maximum
penalty—30 penalty units.Subdivision 5Principal
contractor’s obligation forothers274Authority to perform work for
prescribed activities, workin an earthmoving or particular crane
occupation or highrisk workA principal
contractor must not allow a person to perform thefollowing—(a)highriskworkunlessthepersonhasappropriateauthority to
perform the high risk work under section 18or is exempted
from the requirement to hold appropriateauthority;(b)work
in an earthmoving or particular crane occupationunless the person has appropriate authority
to performwork in the occupation under section 25 or
is exemptedfrom the requirement to hold appropriate
authority;(c)work that is a prescribed activity
unless the person hasauthorityundersection46toperformtheactivityorsection46doesnotapplytotheperformanceofthework.Maximum
penalty—30 penalty units.Reprint 2J effective 1 July 2011Page
223
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 275]Subdivision 6Principal
contractor’s obligation toerect signs275Signs(1)A
principal contractor must, before construction work starts,ensure that adequate numbers of general
safety signs, havingregardtothesizeandcomplexityoftheworkplace,areerected at the workplace to adequately
indicate to persons—(a)the nature of
the workplace; andExample of sign for paragraph (a)—‘Construction site’(b)that unauthorised entry to the
workplace is not allowed;andExamples of
signs for paragraph (b)—•‘No
unauthorised entry’•‘All persons must report to the site
office.’(c)that they are not to use the workplace
or any adjoiningarea in stated circumstances.Example of sign for paragraph (c)—‘Do not proceed if light is flashing.
Load is being lifted ontosite.’Examples of
general safety signs—•signs,ateachpointofentrytotheworkplace,indicatingthatunauthorised entry to the workplace is
not allowed•signs indicating the direction to the
site office or site amenities•signs
indicating where first aid equipment and facilities and fireextinguishing equipment are kept•signs indicating that a means of
access must be kept clear•signs indicating
where hazardous substances are kept•signs
indicating who the principal contractor is•signs
indicating that head and foot protection must be wornPage
224Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 276](2)Theprincipalcontractormustkeepthesignsingoodcondition.(3)Subsections(1)and(2)areworkplacehealthandsafetyobligations for
the Act.Subdivision 7Principal
contractor’s obligationabout safe housekeeping
practices276Purpose of sdiv 7The purpose of
this subdivision is to establish and maintain anorderlyworkplaceenvironmenttopreventorminimiseaperson’s exposure to risk that may result
because of hazards attheworkplaceinrelationtowhichtheprincipalcontractorowes a workplace
health and safety obligation.Examplesofestablishingandmaintaininganorderlyworkplaceenvironment—•installingandmaintainingadequateentryandexitlightinginaccordance with AS/NZS 1680•installing and maintaining emergency
evacuation signs and lightingin accordance
with AS/NZS 2293277Safe housekeeping practices(1)Theprincipalcontractorforconstructionworkmustensurethat—(a)safehousekeepingpracticesareusedfortheconstruction work; and(b)theeffectivenessofthepracticesismonitoredandreviewed; and(c)the
practices are kept up to date; and(d)each
relevant person performing the work is instructedtofollowthepracticestotheextenttheyrelatetotherelevant person.(2)For
subsection (1), safe housekeeping practices include—Reprint 2J effective 1 July 2011Page
225
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 278](a)ensuring there is appropriate, safe
and clear entry to andexit from the workplace; and(b)ensuringthereisasafesystemforcollecting,storingand
disposing of excess or waste materials; and(c)ensuring there is enough area in which to
safely storematerials or plant for the construction
work.(3)Subsection (1) is a workplace health
and safety obligation forthe Act.Subdivision
8Principal contractor’s obligation forcommon plant278Common plant(1)If a
principal contractor provides common plant, the principalcontractor must—(a)ensure the plant is safe for the purpose for
which it isprovided when it is provided; and(b)keeptheplanteffectivelymaintainedwhileitisprovided;
and(c)comply with the provisions of this
regulation about plantofthesametypeasthecommonplantasiftheprovisions
applied to the common plant.(2)Subsection (1) is a workplace health and
safety obligation forthe Act.Subdivision
9Principal contractor’s obligation forhazardous substances279Register of hazardous substances(1)Aprincipalcontractormustkeeparegister,containingtheinformationmentionedinsubsections(2)and(3),ofallPage 226Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 280]hazardous substances the principal
contractor is aware are at,or are proposed
to be used at, the workplace.Maximum
penalty—30 penalty units.(2)The register
must contain the name of the relevant person, ifany,theprincipalcontractorknowsisproposingtousethesubstance at the
workplace.(3)Theregistermustalsocontainacopyofthesubstance’scurrent
MSDS.(4)Theinformationmustbeenteredintheregisterassoonasreasonably practicable after the principal
contractor becomesaware that the hazardous substance is at, or
is proposed to beused at, the workplace.Maximum
penalty—30 penalty units.(5)The principal
contractor must allow anyone working, or abouttowork,attheworkplacetoinspecttheregisteratallreasonable times.Maximum
penalty—30 penalty units.Subdivision 10Principal
contractor’s obligation forunderground
services280Information about underground
services(1)Thissectionappliesifaprincipalcontractorintendstoperform construction work that
includes excavation work.(2)Beforetheexcavationworkstartstheprincipalcontractormust—(a)findoutfromappropriatesourceswhatundergroundservices are at
or near the location where the work is tobe done that
could create a risk if contacted or damaged;and(b)obtainprescribedinformationabouteachundergroundservice from an
appropriate source; andReprint 2J effective 1 July 2011Page
227
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 281](c)ensure the information is recorded in
writing; and(d)give the information to each relevant
person who is to doexcavation work at or near the location of
the service.(3)Subsection (2) is a workplace health
and safety obligation forthe Act.(4)The
principal contractor must keep the information recordeduntil the construction work ends.Maximum penalty for subsection (4)—30
penalty units.Subdivision 11Principal
contractor’s obligation forfalling
objects281Application of sdiv 11Thissubdivisionappliestoconstructionworkifanobjectcould fall on or otherwise hit persons
during the work.282What ismeshfor
sdiv 11(1)Mesh,forthissubdivision,ismeshthatcomplieswiththissection.(2)The mesh must be made of at least
2.5mm diameter steel witha tensile strength of at least
380MPa.(3)If the pattern of the openings within
the mesh are a square orotherrectangle,theopeningswithinthemeshmustnotbeover—(a)for mesh with prescribed lining
securely attached to theinside of the mesh—50mm by 50mm;
or(b)otherwise—(i)if
the openings are square, 25mm by 25mm; or(ii)if
the openings are not square, 25mm by 50mm.Page 228Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 283](4)If the pattern of the openings within
the mesh are not a squareor other rectangle, the openings
within the mesh must not beover—(a)if the mesh has prescribed lining
securely attached to theinside of the mesh—50mm in any
direction; or(b)otherwise—25mm in any
direction.(5)In this section—prescribedlining,inrelationtomesh,meansintactshadecloth, or another intact lining, that when
tested, wet or dry, inaccordancewithmethodAinAS2001.2.4hasameanbursting pressure of at least
1000kPa.Editor’s note—AS2001.2.4(Methodsoftestfortextiles—Physicaltests—Determination of bursting pressure of
textile fabrics—Hydraulicdiaphragm method)283Risk
assessment and control measures for civilconstruction work
and housing construction work(1)This
section applies to construction work that is—(a)civil construction work; or(b)housing construction work.(2)Aprincipalcontractormust,beforetheconstructionworkstarts—(a)assesstheriskofdeathorinjurytopersonsthatmayresultfromobjectsthatcouldfallonorotherwisehitpersons during the work; andExamples of objects that could fall—•parts of a
structure being built or demolished•walls
being demolished•materials stored or stacked at the
workplace•construction material•waste material•debrisReprint 2J
effective 1 July 2011Page 229
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 283]•plant•tools•scaffolding components•precast panels(b)ensurecontrolmeasuresareusedtoprevent,orminimise the level of, exposure to the
risk.Examples of control measures—•a sign stating
‘Construction site. No unauthorised entry.’•an
1800mm chain wire barricade, or an 1800mm hoarding,for
work done beside a footpath near a school•a
gantry for work involving a multiple level domestic housethat
is beside a footpath•perimeter containment screening•a catch platform•a
catch net•closure of the adjoining area•a traffic control device•a road diversion•a
detour•traffic controllers to direct
pedestrians or other traffic•working outside normal hours(3)However—(a)ifthecontrolmeasureisahoarding—itmustcomplywiththerequirementsforahoardingundersection284(6)(a) and
(b); or(b)ifthecontrolmeasureisperimetercontainmentscreening—it
must—(i)comply with section 287; and(ii)if it is
designed to stop objects falling on personsfrom a level of
a structure—be erected along eachpart of a
structure from which an object could fallin the adjoining
area during the work; orPage 230Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 284](c)ifthecontrolmeasureisacatchplatform—itmustcomply with section 288; or(d)if the control measure is a gantry—it
must comply withthe requirements for a gantry under section
289; or(e)ifthecontrolmeasureisaclosureoftheadjoiningarea—itmustbeusedincompliancewiththerequirements for a closure under
section 291.(4)Subsections(2)and(3)areworkplacehealthandsafetyobligations for
the Act.284Control measures for construction work
that is not civilconstruction work or housing construction
work(1)Thissectionappliestoconstructionworkthatisnotcivilconstruction
work or housing construction work.(2)A
principal contractor must ensure that a relevant person—(a)identifies and decides the line
(theproposed line) alongwhichanybarricadeorhoardingrequiredundersubsection (3)
is to be erected; and(b)measurestheangletothehorizontalformedbyanimaginary
straight line drawn between—(i)the
highest point at which work is being done onthe structure
involved in the work during which anobject could
fall on or otherwise hit a person; and(ii)the
point on the ground, along the proposed line,that is closest
to the highest point.(3)Before the work
starts, the principal contractor must ensurethat—(a)if the measured angle is not more than
15º—a barricadeorhoardingatleast900mmhighthatsurroundsthestructure is erected along the proposed
line; or(b)if the measured angle is more than 15º
but not more than30º—a hoarding at least 1800mm high is
erected alongthe proposed line; orReprint 2J
effective 1 July 2011Page 231
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 284](c)ifthemeasuredangleismorethan30ºbutlessthan75º—ahoardingatleast1800mmhighthatisfullysheeted with
timber, plywood, metal or sturdy syntheticsheets is
erected along the proposed line; or(d)if
the measured angle is 75º or more—(i)ahoardingatleast1800mmhighthatisfullysheetedwithtimber,plywood,metalorsturdysynthetic sheets
and that is not part of a gantry iserected along
the proposed line; or(ii)a gantry is
erected under section 285(3)(a).(4)A
hoarding under subsection (3)(b), (c) or (d) must be erectedadjacent to the sides of each part of the
structure from whichan object could fall.(5)If subsection (3) or (4) does not
require part of the structure tohave a hoarding
erected adjacent to the side of the part, theprincipal
contractor must ensure that a barricade or hoardingatleast900mmhighiserectedalongtheproposedlineadjacent to the sides of the part of the
structure.(6)A hoarding under subsection (3)
must—(a)prevent an object that may reasonably
be expected to hitit from entering the adjoining area;
and(b)bestrongenough,andappropriatelydesignedanderected,forthecircumstancesinwhichitisused,including the
location of the workplace and the type ofwork to be
carried out near the hoarding.(7)A
hoarding under subsection (3)(c) or (d)—(a)must
be able to withstand a horizontal force of—(i)500Nperm2appliedover1m2atthetopofthehoarding midway between any post and its
nearestpost without deforming permanently;
and(ii)950Nappliedover1500mm2atanypointonthehoardingwithoutfullypenetratingthehoarding;andPage
232Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 285](b)may have gaps to minimise wind
resistance, if the gapsare no larger than are reasonably
necessary; and(c)ifitispartofagantry—mustextendtothegantry’soverhead platform.(8)Subsections(2)to(7)areworkplacehealthandsafetyobligations for
the Act.285Additional control measures if
measured angle is 75° ormore, other than for demolition work
or work erecting ordismantling formwork(1)Thissectionappliesiftheanglemeasuredundersection284(2)(b) is 75º or more.(2)This section does not apply to—(a)demolition work; or(b)workerectingordismantlingformworkonorforastructure.(3)Theprincipalcontractormustensurethatatleast1ofthefollowing
control measures is used before construction workstarts—(a)a
gantry is erected along the proposed line adjacent tothesidesofeachpartofthestructurefromwhichanobject could fall;(b)the
adjoining area is closed under section 291 at least totheextentnecessarytopreventobjectsfallingonorotherwise hitting persons;(c)a catch platform with perimeter
containment screeningcomplying with section 287 is
installed—(i)along the sides of each part of the
structure fromwhich an object could fall; and(ii)not more than 1m
below—(A)if the structure has storeys—the
storey of thestructure from which an object could fall;
orReprint 2J effective 1 July 2011Page
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Workplace Health and Safety Regulation
2008Part 20 Construction work[s 286](B)ifthestructuredoesnothavestoreys—thesurface from
which an object could fall.(4)Subsection (3) is a workplace health and
safety obligation forthe Act.(5)In
this section—formworkincludes a
structure installed to support formwork.286Control measures for demolition work or work
erecting ordismantling formwork(1)This
section applies to construction work that is—(a)demolition work; or(b)work
erecting or dismantling formwork.(2)Aprincipalcontractormustensurethat,beforetheconstruction work starts—(a)the adjoining area is closed under
section 291 at least totheextentnecessarytopreventobjectsfallingonorotherwise hitting persons; or(b)perimetercontainmentscreeningcomplyingwithsection 287 is erected along each part of a
structure fromwhich an object could fall.(3)However,iftheworkisdemolitionwork,theprincipalcontractormustensurethatacontrolmeasureotherthanacontrolmeasurementionedinsubsection(2)isusedbeforetheworkstartstopreventobjectsfallingonorotherwisehitting persons
if—(a)theadjoiningareacannotbeclosedundersubsection(2)(a)becausethepersonwhocontrolstheareawithholds
written approval to close the area; and(b)perimetercontainmentscreeningcannotbeerectedunder subsection
(2)(b).(4)Iftheprincipalcontractorerectsperimetercontainmentscreeningundersubsection(2)(b),orextendsorreducesperimetercontainmentscreeningerectedundersubsectionPage 234Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 287](2)(b),theprincipalcontractormustensurethatcontrolmeasuresareusedtoprevent acomponentofthescreeningfallingonpersonswhilethescreeningisbeingerected,extended or reduced.(5)Subsections (2), (3) and (4) are workplace
health and safetyobligations for the Act.(6)In
this section—formworkincludes a
structure installed to support formwork.287Perimeter containment screening as control
measure(1)Eachscreenofperimetercontainmentscreeningusedasacontrol measure, and its supporting
framework, must complywith this section.(2)Iftheperimetercontainmentscreeningisusedtoredirectafalling object onto a catch platform, each
screen must be fittedvertically to the top of, or flush
with, the outer edge of thecatch platform
to redirect a falling object, that may reasonablybe
expected to hit the perimeter containment screening, ontothe
catch platform.(3)If the perimeter containment screening
is not used to redirect afallingobjectontoacatchplatform,eachscreenmustbedesignedtopreventanobject,thatmayreasonablybeexpectedtohittheperimetercontainmentscreening,fromfalling on persons from the level at which
the work is to bedone.(4)Each
screen must be made of mesh or of timber, plywood ormetal sheeting.(5)Each
of the following gaps must be not over 25mm—(a)the
gap, measured horizontally, between—(i)screens immediately beside each other;
or(ii)a screen and the
framework supporting it;(b)the gap,
measured vertically, between—Reprint 2J
effective 1 July 2011Page 235
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 288](i)a screen and another screen
immediately above it;or(ii)a
screen and the framework supporting it.(6)The
framework supporting a screen must be able to bear theload
of the screen.288Catch platform as control
measure(1)If a catch platform used or to be used
as a control measure isinstalled, extended or reduced, the
principal contractor mustensure that control measures are used
to prevent a componentof the platform falling on persons
while the platform is beinginstalled,
extended or reduced.(2)Subsection (1)
is a workplace health and safety obligation forthe Act.289Gantry as control measure(1)A gantry used as a control measure
must be designed by anengineer to withstand a downwards
force of at least—(a)if light work, or work other than
light work at a height ofnotmorethan10mabovetheground,istobedone—5kPa
applied on its overhead platform; or(b)if
work, other than light work, at a height of more than10m
above the ground is to be done—10kPa applied onits overhead
platform.(2)The gantry must—(a)beabletostopanobjectthatmayreasonablybeexpected to fall on it from falling;
and(b)have an overhead platform that is
secured to prevent itlifting or coming apart; and(c)have solid sheeting erected along the
outer edge of itsoverhead platform to at least the higher
of—(i)900mm above the platform; andPage
236Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 290](ii)the height of
any object stored on the platform; and(d)if
it is used to store materials or has a shed erected onit—bedesignedbyanengineertotaketheadditionalload involved;
and(e)be able to stop water or dust falling
on persons; and(f)havenaturalorotherlightingofatleast50luxilluminating all
of the area below it; and(g)not tip over or
rotate if a force that could reasonably beexpected to be
applied to it is applied to it.Example of a
force mentioned in paragraph (g)—the
force of a truck backing into the gantry290Load
lifted over adjoining area(1)This section
applies to construction work that involves liftinga
load over the adjoining area.(2)Thissectiondoesnotapplytoconstructionworkthatishousing construction work.(3)Aprincipalcontractormustensurethat,beforetheworkstarts—(a)the adjoining area is closed under
section 291 at least totheextentnecessarytopreventobjectsfallingonorotherwise hitting persons in the
adjoining area; or(b)a gantry is erected that provides
adequate protection topersonsintheadjoiningareaagainstfallingobjectsifthe
load were to fall.(4)Withoutlimitingsubsection(3)(b),thegantrymustatleastcomply with
section 289.Example—If a
pallet of scaffolding components is to be lifted over an
adjoiningarea, the downwards force that the gantry’s
overhead platform must beable to withstand is—(a)if the force applied by the pallet and
components is less than orequal to 10kPa—10kPa; orReprint 2J effective 1 July 2011Page
237
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 291](b)if the force applied by the pallet and
components is greater than10kPa—the force applied by the pallet
and components.(5)Subsection (3) is a workplace health
and safety obligation forthe Act.291Closure of part or all of adjoining
area(1)Ifanadjoiningareaistobeclosed,aprincipalcontractormust,beforeconstructionworkstarts,doeachofthefollowing—(a)ensure that written approval to close the
area is obtainedfrom the authority or other person who
controls the area;Examples of an authority—•a local government•the
Department of Main Roads•the Queensland
Police Service(b)if an authority controls the area, use
any measures forthe closure required by the
authority.Examples of measures for the closure—•physical barriers
to prevent use of a footpath or road•signs
about the closure•signs directing pedestrians to use
another footpath•traffic controllers to direct
pedestrians or other traffic(2)Subsection (1) is a workplace health and
safety obligation forthe Act.Subdivision
12Principal contractor’s obligation foramenities292Amenities(1)Schedule 11 states particular duties of a
principal contractorabout amenities.Page 238Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 293](2)A principal contractor must ensure
that an amenity providedunderschedule11ismaintainedinahygienic,safeandserviceablecondition,includingbyensuringthatthereisasystem for—(a)inspecting and cleaning the amenity;
and(b)if the amenity has facilities to
dispose of sanitary itemsfor females—the adequate and hygienic
disposal of thesanitary items.Maximum penalty
for subsection (2)—20 penalty units.Division 3Relevant personsSubdivision
1Preliminary293Application of div 3(1)Thisdivisionappliesonlytoarelevantpersonperformingconstruction
work.(2)However,subsection(1)doesnotpreventarelevantpersonfrom
having obligations under division 2 if the relevant personperforms construction work as a principal
contractor.Subdivision 2Relevant
person’s obligation forwork method statements294Relevant person to prepare work method
statementbefore starting high risk construction
activity(1)A relevant person must prepare a work
method statement for ahigh risk construction activity,
complying with subsection (2),before starting
construction work for the activity.Maximum
penalty—30 penalty units.(2)The statement
must—Reprint 2J effective 1 July 2011Page
239
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 295](a)take into account—(i)the
current construction safety plan; and(ii)iftheactivityisdemolitionwork—therequirements of AS 2601; andEditor’s note—AS
2601 (The demolition of structures)(iii)circumstancesattheworkplacethatwill,orarelikely to, affect the way the activity
is performed;and(b)bewritteninawaylikelytobeunderstoodbythepersonsworking,orabouttowork,attheworkplacewho are likely
to be affected by the activity; and(c)be
signed and dated by the relevant person; and(d)if
the relevant person is not also the principal contractorfortheconstructionwork—becopiedandthecopygiven to the
principal contractor.295When relevant
person not to allow another relevantperson to start
prescribed activity(1)This section applies if—(a)arelevantpersonistheholderofacertificateundersection 46 to perform a prescribed activity;
and(b)theactivityistobeperformedbyanotherrelevantperson.(2)The
relevant person must not allow the other relevant personto
perform the prescribed activity unless the relevant personwho
is the holder of the certificate—(a)has
given a copy of the work method statement for theactivity to the other relevant person;
and(b)has discussed with the other relevant
person the aspectsoftheworkmethodstatementrelevanttotheactivity;andPage
240Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 296](c)has ensured that the other relevant
person understandsandisabletocomplywiththoseaspectsofthestatement.Maximum
penalty—30 penalty units.296When relevant
person who is an employer not to allowworker to start
high risk construction activityA relevant
person who is an employer must not allow a workeroftherelevantpersontoperformahighriskconstructionactivity
unless—(a)the relevant person, or someone acting
for the relevantperson, has discussed with the worker the
aspects of thecurrent work method statement for the
activity relevantto the worker’s work; and(b)the worker has satisfied the relevant
person, or someoneactingfortherelevantperson,thattheworkerunderstands and
is able to comply with those aspects ofthe
statement.Maximum penalty—30 penalty units.297High risk construction activity not to
be performedunless in compliance with work method
statement(1)A relevant person must not perform a
high risk constructionactivity unless the activity is
performed in a way complyingwith the current
work method statement for the activity.Maximum
penalty—30 penalty units.(2)A relevant
person who is an employer must not allow a workeroftherelevantpersontoperformahighriskconstructionactivity unless
the activity is performed in a way complyingwith the current
work method statement for the activity.Maximum
penalty—30 penalty units.Reprint 2J effective 1 July 2011Page
241
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 298]298Amendment of work method
statement(1)This section applies if there is a
change in the way the highrisk construction activity is to be
performed.Example of a change—a
change in a control measure included in the statement or the
insertionof a new control measure(2)A
relevant person must—(a)ensureaworkmethodstatementfortheactivityisamended as soon as possible after the
change; and(b)if the relevant person is not also the
principal contractorfor the construction work—give the
principal contractora copy of the amended statement;
and(c)ensureeachpersonaffectedbytheamendmentisadvised of the details of the
amendment.Maximum penalty—30 penalty units.299Availability and review of work method
statement(1)Arelevantpersonmustensurethecurrentworkmethodstatementforthehighriskconstructionactivityisreadilyavailable for
inspection while the activity is being performed.Maximum penalty—30 penalty units.(2)The relevant person must review, and
if necessary amend, thestatement within 1 year after it is
prepared and afterwards atintervalsofnotmorethan1yearwhilethestatementisrequired.Maximum
penalty—30 penalty units.Subdivision 3Relevant
person’s obligation forgeneral induction evidence300Definition for sdiv 3In
this subdivision—Page 242Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 301]construction workdoes not include
work to repair a structurethat is fixed plant, a ship or a
submarine.301Relevant person to hold general
induction evidencebefore starting construction workA
relevant person must not start construction work unless theperson—(a)holds general induction evidence; and(b)has shown the principal contractor the
general inductionevidence.Maximum
penalty—30 penalty units.302Relevant person
who is an employer to ensure workerholds general
induction evidence before worker startsconstruction
workA relevant person who is an employer must
not allow a workeroftherelevantpersontostartconstructionworkunlesstherelevant person has sighted general
induction evidence for theworker.Maximum
penalty—30 penalty units.Subdivision 4Relevant
person’s obligation forsafe housekeeping practices303Safe housekeeping practices(1)A relevant person performing
construction work must ensurethat—(a)safehousekeepingpracticesareusedfortheconstruction work; and(b)theeffectivenessofthepracticesismonitoredandreviewed; and(c)the
practices are kept up to date; andReprint 2J
effective 1 July 2011Page 243
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 303](d)each of the person’s workers at the
workplace where theconstruction is being performed is
instructed to followthe practices.Note—For workers’ obligations see the Act,
section 36.(2)Forsubsection(1),safehousekeepingpracticesincludethefollowing,otherthantotheextentoftheobligationsofaprincipal contractor for the
construction work—(a)establishingandmaintaininganorderlyworkplaceenvironment;(b)ensuring there is safe and clear entry to,
and exit from,the workplace;(c)erecting general safety signs and keeping
them in goodcondition;Examples of
general safety signs—•‘Hazardous
substances in use’•‘Hearing protection required’•‘Scaffolding incomplete’(d)ensuringthereisasafesystemforcollecting,storinganddisposingofexcessorwastematerialsattheworkplace;(e)ensuring there are safe storage areas for
materials andplant;(f)making safe protruding objects that are a
hazard;Examples of safe housekeeping practices for
paragraph (f)—•bending over or
removing exposed nails•placing a cap
over vertical reinforcing steel(g)supplying and maintaining lighting that is
adequate forthe work being done.(3)Subsection (1) is a workplace health and
safety obligation forthe Act.Page 244Reprint 2J effective 1 July
2011
Subdivision 5Workplace Health
and Safety Regulation 2008Part 20 Construction work[s
304]Relevant person’s obligation forcommon plant304Common plant(1)A
relevant person who is not also the principal contractor—(a)mustnotusecommonplantotherthaninaccordancewith the
provisions of this regulation about plant of thesametypeasthecommonplantasiftheprovisionsapplied to the
common plant; or(b)must not alter or otherwise interfere
with common plantwithouttheapprovaloftheprincipalcontractorwhoprovided the plant.(2)Subsection (1) is a workplace health
and safety obligation forthe Act.Subdivision
6Relevant person’s obligation forhazardous substances305Relevant person to give principal contractor
details ofhazardous substances to be usedA
relevant person may use, and a relevant person who is anemployer may allow a worker to use, a
hazardous substanceduring construction work only if the
principal contractor forthe construction work has been
given—(a)noticethattherelevantpersonproposestousethehazardous
substance at the workplace; and(b)a
copy of the substance’s current MSDS.Maximum
penalty—30 penalty units.Reprint 2J effective 1 July 2011Page
245
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 306]Subdivision 7Relevant
person’s obligation forunderground services306Risk from contact with
undergroundservices—construction work for which there
is principalcontractor(1)This
section applies if—(a)a relevant person intends to perform
construction workthat is excavation work; and(b)there is a principal contractor for
the construction work.(2)The relevant
person must not start the excavation work unlessthe
principal contractor—(a)hasadvisedtherelevantpersontotheeffectthattheprincipal contractor’s inquiries have shown
there are nounderground services at or near the location
where thework is to be done; or(b)has
given prescribed information about the undergroundservices at the workplace to the relevant
person.(3)The relevant person must—(a)ensureinformationobtainedundersubsection(2)isconsidered in doing the work;
and(b)ensureanyreasonablerestrictionscontainedintheinformation that
are to be followed in doing the work arefollowed in
doing the work; and(c)decideonanduseanycontrolmeasuresnecessarytoprevent a person’s exposure to the risk of
death, illnessor injury from contact with, or damage to,
the servicethe information is about.(4)Subsections(2)and(3)areworkplacehealthandsafetyobligations for
the Act.Page 246Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 307]307Risk from contact with
undergroundservices—construction work for which there
is noprincipal contractor(1)This
section applies if—(a)a relevant person intends to perform
construction workthat is excavation work; and(b)thereisnoprincipalcontractorfortheconstructionwork.(2)The relevant person must, before the
excavation work starts—(a)findoutfromappropriatesourceswhatundergroundservices are at
or near the location where the work is tobe done that
could create a risk if contacted or damaged;and(b)obtainprescribedinformationabouteachundergroundservice from an
appropriate source; and(c)ensuretheinformationisconsideredinplanningthework; and(d)ensure the information is recorded in
writing.(3)The relevant person must—(a)ensureinformationobtainedundersubsection(2)isconsidered in doing the work;
and(b)ensureanyreasonablerestrictionscontainedintheinformation that
are to be followed in doing the work arefollowed in
doing the work; and(c)decideonanduseanycontrolmeasuresnecessarytoprevent a person’s exposure to the risk of
death, illnessor injury from contact with, or damage to,
the servicethe information is about; and(d)keeptheinformationrecordeduntiltheconstructionwork
ends.(4)Subsections(2)and(3)areworkplacehealthandsafetyobligations for
the Act.Reprint 2J effective 1 July 2011Page
247
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 308]Subdivision 8Relevant
person’s obligation forexcavation work that could
reducethe stability of a structure308Obligation before excavation work
starts(1)Thissectionappliesifarelevantpersonintendstodoexcavation work that could reduce the
stability of part or all ofa
structure.(2)Therelevantpersonmust,beforetheworkstarts,usethecontrol measures
necessary to prevent a person’s exposure tothe risk of
death, illness or injury from the collapse of part orall
of the structure.(3)Subsection (2) is a workplace health
and safety obligation forthe Act.309Obligation during excavation work(1)This section applies if a relevant
person is doing excavationworkthatcouldreducethestabilityofpartorallofastructure.(2)The
relevant person must ensure the work proceeds only if therelevantpersonhasusedthecontrolmeasuresnecessarytopreventaperson’sexposuretotheriskofdeath,illnessorinjury from the collapse of part or
all of the structure.Example of circumstances requiring
control measures—A large rock is encountered while
performing excavation work. As aresult, the
excavation has to be performed closer to a structure thanoriginally planned.(3)Subsection (2) is a workplace health and
safety obligation forthe Act.Page 248Reprint 2J effective 1 July
2011
Subdivision 9Workplace Health
and Safety Regulation 2008Part 20 Construction work[s
310]Relevant person’s obligation for riskfrom
excavations310Meaning ofcompetent
personfor sdiv 9(1)Apersonisacompetentpersonforthissubdivisioniftheperson—(a)has
at least 3 years experience in stabilising excavationsthat
are trenches; and(b)either—(i)is a
geo-technical engineer; or(ii)holdsaqualification,orstatementofattainment,from a
registered training organisation covering theknowledge and
skills mentioned in subsection (2).(2)The
following are knowledge and skills for subsection (1)—(a)knowledgeofrelevantAustralianStandards,relevantcodes of practice and other relevant
legislation;(b)knowledge of, and competence in, the
following—(i)hazard identification and risk
assessment for trenchstability;(ii)measures to control exposure to risks from
trenchcollapse;(iii)safeworkpracticesandproceduresforinstallingcontrol
measures;(iv)how to plan and
prepare for working in a trench;(v)howtoidentifythelocationofundergroundservices;(vi)howtoidentifysoiltypesandotherfactorsthataffect the
stability of a trench.311Risk from all
excavations(1)This section applies if a relevant
person intends to do—Reprint 2J effective 1 July 2011Page
249
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 311](a)excavation work; or(b)work in an excavation.(2)The relevant person must, before the
work starts—(a)foreachofthefollowingpossibleeventsthatarerelevanttothework,identifyeachhazardassociatedwith the
event—(i)apersonbeingtrappedbythecollapseoftheexcavation;(ii)a
person being struck by an object falling into theexcavation;(iii)a
person falling into the excavation;(iv)a
person inhaling, or otherwise being exposed to,carbon monoxide
or another impurity of the air inthe excavation;
andExamples of hazards for paragraph
(a)—•unstable rock or soil•underground water tables•a previous trench•machinery being moved near the
excavation•vibration and fumes from vehicles or
other plant in or nearthe excavation•structures near the excavation•piles of excavated material beside the
excavation(b)assess the risk that may result
because of the hazards;and(c)decide on the appropriate control measures
for the work.(3)Therelevantpersonmustuseandmaintainthecontrolmeasuresforthework,includingthecontrolmeasuresrequired under subsection (4) or (5),
necessary to prevent, orminimise the level of, exposure to the
risk.Page 250Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 312]Examples of control measures—•plant fitted with
suitable overhead protection against the collapse ofthe
excavation•benching, battering or shoring the
sides of the excavation•a hoarding to
prevent access by persons•a secure cover
over the excavation•filling the excavation as soon as
possible•ensuring there is adequate ventilation
to prevent exposure to carbonmonoxide(4)The control measures must include a
barricade or hoarding atleast 900mm high erected to restrict
access by persons to theexcavation, unless—(a)theerectionofthebarricadeorhoardingisimpracticable; or(b)no
person is likely to be in the vicinity of the excavation.(5)If the work will involve a person
entering a trench more than1.5m deep, the
control measures specified in section 313 mustbe used to
prevent risks to the person from the collapse of thetrench.(6)Subsections(2)and(3)areworkplacehealthandsafetyobligations for
the Act.312Risk from working in trench at least
1m deep(1)This section applies if a relevant
person—(a)is doing work that involves a trench
at least 1m deep;and(b)is not already
required to erect a barricade under section311(4).(2)Therelevantpersonmusterectabarricadeatleast900mmhigh
to restrict access by a person to the trench unless—(a)the erection of the barricade is
impracticable; or(b)the only persons likely to be in the
vicinity of the trenchare persons involved with the
trench.Reprint 2J effective 1 July 2011Page
251
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 313](3)However,therelevantpersonneednoterectabarricadearound a part of
the trench if there already is a barrier besidethe part of the
trench that restricts access to the trench.Examples of a
barrier—a permanent fence, wall or pile of
excavated material(4)Subsection (2) is a workplace health
and safety obligation forthe Act.313Risk
from working in trench more than 1.5m deep(1)This
section applies if a relevant person intends to do workthat
will involve a person entering a trench more than 1.5mdeep.(2)Therelevantpersonmustuseatleast1ofthefollowingcontrolmeasures,complyingwiththissection,asacontrolmeasureundersection311(3)topreventrisktothepersonfrom
the collapse of the trench—(a)shoring all sides of the trench by shielding
or in anotherway;(b)benching all sides of the trench;(c)battering all sides of the
trench;(d)having a geo-technical
engineer—(i)approveinwritingallsidesofthetrenchassafefrom collapse;
and(ii)state in writing
how long the approval lasts if thereisnostatednaturaloccurrencethatcouldaffectadversely the stability of the trench;
and(iii)state in writing
the natural occurrences that couldaffect adversely
the stability of the trench.(3)However, the relevant person may use a
combination of thecontrol measures mentioned in subsection (2)
if all sides ofthe trench are dealt with.(4)Ifshoringisusedanditiscommerciallymanufacturedshielding, it
must be—Page 252Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 314](a)designed by an engineer for the
purpose for which it isintended to be used; and(b)erected in accordance with the
instructions, if any, of itsmanufacturer or
supplier.(5)Sheeting or timber may only be used to
shore the trench if acompetentpersonhasinspectedthetrench,assessedtheshoring and approved the use of the
shoring.(6)Each bench cut into the side of the
trench must be no higherthan it is wide, unless a
geo-technical engineer has approved agreater height
in writing.(7)The angle of each batter in the trench
must not be more than45º from the horizontal, unless a
geo-technical engineer hasapproved a greater angle in
writing.(8)The relevant person must ensure no
vertical face of the side ofabenchedorbatteredtrenchishigherthan1.5m,unlessageo-technicalengineerhasapprovedagreaterheightinwriting.(9)Subsection (2) is a workplace health and
safety obligation forthe Act.314Access by ladders to trench more than 1.5m
deep(1)This section applies if access to and
from a trench more than1.5m deep is by ladders.(2)Arelevantpersonmustensurethatatleast1laddergivingaccess to and from the trench is installed
in every 9m of thelength of the trench in the part of the
trench where a personwill be.(3)Subsection (2) is a workplace health and
safety obligation forthe Act.315Events in trench more than 1.5m deep that is
not shored,benched or battered(1)This
section applies if—Reprint 2J effective 1 July 2011Page
253
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 315](a)a trench more than 1.5m deep is not
shored, benched orbattered; and(b)something happens that could affect the
stability of thetrench or place the safety of a person at
risk because ofthe trench.Examples of
things that may happen that could affect the stability ofthe
trench—•water seeping
from a side, or the base, of the trench•subsidence happening beside the
trench•cracks appearing near, and parallel
to, the edge of the trench•excavated or
other material being piled beside the trench(2)A
relevant person must ensure that work in the trench stopsimmediately and does not restart, other than
work to shore,bench or batter the trench, until—(a)ageo-technicalengineerhasinspectedthetrenchandapproved, in writing, the trench as safe to
enter; or(b)all sides of the trench have
been—(i)shored by shielding or another way;
or(ii)benched;
or(iii)battered.(3)However, the relevant person may use a
combination of themethodsmentionedinsubsection(2)(b)ifallsidesofthetrench are dealt
with.(4)Subsection (2) is a workplace health
and safety obligation forthe Act.Page 254Reprint 2J effective 1 July
2011
Subdivision 10Workplace Health
and Safety Regulation 2008Part 20 Construction work[s
316]Relevant person’s obligation for riskof a
person falling316Definition for sdiv 10In
this subdivision—ladderdoes not include
a fixed ladder.317Risk of fall of less than 3m in
housing construction workor less than 2m in other construction
work orconstruction work on roof with slope not
over 26°(1)This section applies to—(a)constructionworkthatishousingconstructionworkduring which a person could fall less than
3m; or(b)construction work that is not housing
construction workduring which a person could fall less than
2m; or(c)construction work on a roof, or partly
completed roof,surface with a slope not over 26º.(2)However, this section does not apply
to construction work if aperson could fall from—(a)a ladder or fixed ladder; or(b)a platform supported by trestle
ladders; or(c)scaffolding that the person is
erecting or dismantling; or(d)an
area near a ladder that the person needs to use to geton
or off the ladder.(3)Arelevantpersonwhointendstodotheconstructionworkmust, before the work starts—(a)ensureeachhazardthatmayresultinafallorcausedeath or injury
if the person were to fall is identified;andExamples of hazards—•vertical reinforcing steel, or the
edge of a rubbish skip, 1mbelow a surface from which the work is
to be doneReprint 2J effective 1 July 2011Page
255
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 318]•unsheeted floor bearers and joists 2m
below a surface fromwhich the work is to be done•an object, for example a picket fence
or stack of bricks, thatcould cause injury if the person fell
on it 2mbelow, ornearly below, a
surface from which the work is to be done•a
brittle roof on which the work is to be done 2m above afloor(b)ensure the risk of death or injury that may
result becauseof the hazard is assessed; and(c)ensureanycontrolmeasuresnecessarytoprevent,orminimise the level of, exposure to the risk
are used.(4)If a control measure mentioned in this
subdivision is used, thecontrolmeasureandtheuseofthecontrolmeasuremustcomply with this subdivision.(5)However,afallarrestingplatformusedundersubsection(3)(c) need not
comply with section 322 if the fall would beinternalwithinformworkthepersoniserectingordismantling.(6)Subsections(3)and(4)areworkplacehealthandsafetyobligations for
the Act.318Risk of fall of at least 3m in housing
construction work orat least 2m in other construction work or
constructionwork on roof with a slope over 26°(1)This section applies to—(a)constructionworkthatishousingconstructionworkduring which a person could fall at least
3m; or(b)construction work that is not housing
construction workduring which a person could fall at least
2m; or(c)construction work on a roof, or partly
completed roof,surface with a slope over 26º.(2)However, this section does not apply
to work if a person couldfall from—(a)a
ladder or fixed ladder; orPage 256Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 319](b)a platform supported by trestle
ladders; or(c)scaffolding that the person is
erecting or dismantling; or(d)an
area near a ladder that the person needs to use to geton
or off the ladder.(3)Arelevantpersonwhointendstodotheconstructionworkmust, before the work starts, use control
measures—(a)to prevent the person falling any
distance; orExamples of control measures to prevent the
person falling—•edge
protection•a fall protection cover placed over an
opening•a travel restraint system(b)if prevention is not
practicable—(i)to arrest the person’s fall;
and(ii)to prevent or
minimise the risk of death or injury tothe person when
the fall is arrested.Examples of control measures to arrest
a person’s fall—•a fall arresting
platform•a fall-arrest harness system•an industrial safety net(4)If a control measure mentioned in this
subdivision is used, thecontrolmeasure,andtheuseofthecontrolmeasure,mustcomply with this subdivision.(5)However,afallarrestingplatformusedundersubsection(3)(b) need not
comply with section 322 if the fall would beinternalwithinformworkthepersoniserectingordismantling.(6)Subsections(3)and(4)areworkplacehealthandsafetyobligations for
the Act.319Edge protection as control
measure(1)Edge protection used as a control
measure must be erected inaccordance with the instructions
of—Reprint 2J effective 1 July 2011Page
257
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 319](a)iftheedgeprotection’smanufacturerorsupplierhasgiveninstructionsaboutitsinstallation—themanufacturer or
supplier; or(b)otherwise—an engineer or competent
person.(2)Theedgeprotectionmustbedesignedtowithstandthedownwards or outwards force of the impact of
a fall against itof any person who may reasonably be expected
to fall againstit to ensure that the person does not fall
from the surface fromwhich work is to be done.(3)The edge protection must—(a)havearail,oranothercomponentthatpreventstheperson from falling, fitted so that
the top of the rail orcomponent is at least—(i)ifthesurfacethatisatthebaseoftheedgeprotectionisatleast1200mmwide—900mmhigher than that
surface; or(ii)otherwise—(A)if
the surface from which work is to be doneissloped—900mmhigherthanwherethatsurface, if
extended downwards at that slope,would intersect
with the edge protection; or(B)if
the surface from which work is to be doneisnotsloped—900mmhigherthanthatsurface; and(b)haveanotherrailorrailsorsturdymesh,sheetingorother material below the rail or
component.(4)However, if the edge protection has
rails, the edge protectionmust have—(a)either—(i)abottomrailfittedatleast150mmbutnotover250mm higher than the surface that is at the
base ofthe edge protection; orPage 258Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 320](ii)a toe board, for
the surface that is at the base of theedgeprotection,atleast150mmhighandfittedbelow all rails
of the edge protection; and(b)anotherrailorrailsfittedsothatthereisnotover450mm between any rail and its nearest rail
or betweenthe lowest rail and any toe board for the
surface that is atthe base of the edge protection; and(c)if the slope of the surface from which
work is to be doneis over 26º—sturdy mesh, sheeting or other
material thatextends upwards at least 900mm from—(i)thesurfacethatisatthebaseoftheedgeprotection; or(ii)the
toe board.(5)Arelevantpersonmustnotuse,orallowanotherpersontouse,
the edge protection unless it is used in accordance withthe
instructions of—(a)iftheedgeprotection’smanufacturerorsupplierhasgiveninstructionsaboutitsuse—themanufacturerorsupplier; or(b)otherwise—an engineer or competent
person.(6)In this section—toeboardforasurfacemeansanuprighttimberormetalboard securely
fixed in place at an edge of the surface.320Fall
protection cover as control measureA fall
protection cover used as a control measure must—(a)be able to withstand the impact of a
fall onto it of anyperson who may reasonably be expected to
fall onto it toensure that the person does not fall;
and(b)be securely fixed in place to prevent
it being moved orremoved accidentally.Reprint 2J
effective 1 July 2011Page 259
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 321]321Travel restraint system as control
measure(1)A travel restraint system used as a
control measure must—(a)be installed by
a competent person; and(b)haveananchoragepointwithacapacitytowithstandanyloadthatcouldbeexertedonitinthenormaloperation of the
system to restrain any person who mayreasonably be
expected to use the system.(2)Arelevantpersonmustnotuse,orallowanotherpersontouse,
the system unless the person who is to use the system hasbeen
trained in the safe and correct use of the system.(3)Arelevantpersonmustnotuse,orallowanotherpersontouse,
a component of the system that shows evidence of wearor
weakness to an extent that may affect the system’s safety.(4)Arelevantpersonmustensurethat,atleastonceevery6months, a competent person—(a)inspects the system; and(b)givestherelevantpersonawrittenrecordoftheinspection.(5)A
relevant person must keep the record for the lesser of thefollowing—(a)4
years;(b)the life of the system.322Fall arresting platform as control
measure(1)A fall arresting platform used as a
control measure must beable to withstand the impact of a fall
onto it of any person whomay reasonably be expected to fall
onto it.(2)Theplatformofthefallarrestingplatformmustprovideanunobstructedlandingarea,forafallingperson,atleast675mm wide for
the length of the platform.(3)If
the slope of the surface from which construction work is tobe
performed is not over 26º, the fall arresting platform mustbe
not over 1m lower than the surface.Page 260Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 323](4)If the slope of the surface from which
construction work is tobe performed is over 26º, the fall
arresting platform must benot over 300mm lower than the
surface.(5)Thefallarrestingplatformmusthaveedgeprotectioncomplying with
section 319 erected—(a)along the outer
edge of the length of the fall arrestingplatform;
and(b)along the edge of each end of the fall
arresting platform.(6)Subsection (7) applies if the gap
between the following is over225mm—(a)the inner edge of the length of the
platform;(b)the face of a structure that is
immediately beside the fallarresting
platform.(7)A relevant person must, in complying
with section 317 or 318,ensurethatanycontrolmeasuresrequiredtopreventorminimisetheriskofapersonfallingofftheinneredgeareused.323Fall-arrest harness system as control
measure(1)Each anchorage point of a fall-arrest
harness system used as acontrol measure must be—(a)designed by an engineer for the
purpose for which it isintended to be used; or(b)inspectedandapprovedbyacompetentpersonbeforethe anchorage
point is first used by any person.(2)Each
anchorage point of the system, other than an anchoragepointsupportingastaticline,musthaveacapacityofatleast—(a)ifonly1personisusingtheanchoragepointandtheperson could
have a limited free fall—12kN; or(b)ifonly1personisusingtheanchoragepointandtheperson could
have a free fall—15kN; or(c)if 2 persons are
using the anchorage point—21kN.Reprint 2J
effective 1 July 2011Page 261
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 323](3)Each anchorage point of the system
must be located so that alanyard of the system can be attached
to it before the personusing the system moves into a position
where the person couldfall.(4)The
system’s device to absorb the energy of a falling personmust
limit the force applied to the person by a fall to not morethan
6kN.(5)Thesystemmustbeinstalledinaccordancewiththeinstructions of—(a)ifthesystem’smanufacturerorsupplierhasgiveninstructions
about its installation—the manufacturer orsupplier;
and(b)to the extent the system’s
manufacturer or supplier hasnotgiveninstructions—anengineerorcompetentperson.(6)Thesystemmustbemaintainedinaccordancewiththeinstructions of—(a)ifthesystem’smanufacturerorsupplierhasgiveninstructions
about its maintenance—the manufacturer orsupplier;
and(b)to the extent the system’s
manufacturer or supplier hasnotgiveninstructions—anengineerorcompetentperson.(7)Arelevantpersonmustensurethereisenoughdistanceavailable for a person using the system to
fall to prevent theperson hitting an object, the ground or
another surface, otherthan a vertical surface.(8)For subsection (7), whether there is
enough distance availablemust be worked out by taking the
following into account—(a)the person’s
height;(b)the height and position of the
anchorage point;(c)the length of the lanyard;(d)any slack in the static line;Page
262Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 323](e)anystretchingofthelanyardorstaticlinewhenextended by a
fall;(f)the length of the energy absorber when
extended by afall;(g)any
other relevant factor.(9)A relevant
person must ensure that—(a)nopartofthesystemcancomeintocontactwithanything that could affect the safe use of
the system; andExamples of a thing that could affect the
safe use of a system—•an edge of a
platform or beam over which a lanyard wouldtighten if a fall
were to happen•part of an anchorage point that is not
adequately padded(b)apersonusingthesystemistrainedinthesafeandcorrect use of the system; and(c)there are written procedures
about—(i)safely retrieving a person who has
fallen, as soonas possible after the person has fallen;
and(ii)ensuringthesafetyofpersonsinvolvedintheretrieval;
and(d)the persons to be involved in carrying
out the proceduresare familiar with the procedures.(10)A relevant
person must ensure that—(a)acomponentofthesystemisnotusedifitshowsevidenceofwearorweaknesstoanextentthatmayaffect the system’s safety; and(b)if a competent person considers that
an anchorage pointof the system is worn or that its load
bearing capacitymay be impaired—(i)the
anchorage point is not used; and(ii)appropriatemeasuresaretakentopreventitsusewhile it is worn or its load bearing
capacity may beimpaired; andReprint 2J
effective 1 July 2011Page 263
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 324](c)atleastonceevery6months,acompetentpersoninspects the components of the system, other
than eachanchorage point, and gives the relevant
person a writtenrecord of the inspection; and(d)the record is kept for the lesser of
the following—(i)4 years;(ii)the
life of the system.(11)If the system
has been used to arrest a fall, the system mustnotbeusedagainunlessitsmanufactureroracompetentperson has
inspected it and decided that it is fit for safe use.(12)Arelevantpersonmustnotuse,orallowanotherpersontouse,thesystemunlessitisusedinaccordancewiththeinstructions of—(a)ifthesystem’smanufacturerorsupplierhasgiveninstructions
about its use—the manufacturer or supplier;or(b)otherwise—an engineer or competent
person.(13)Arelevantpersonmustnotuse,orallowanotherpersontouse,
the system while the person using the system is alone.(14)Subsection (7)
is a workplace health and safety obligation forthe Act.(15)In this
section—free fallmeans a fall in
which the distance a person using afall-arrestharnesssystemfallsverticallybeforethesystemstarts to take
loading is more than 600mm but not more than2m.limited free fallmeans a fall in
which the distance a personusingafall-arrestharnesssystemfallsverticallybeforethesystem starts to take loading is not
more than 600mm.324Industrial safety net as control
measure(1)An industrial safety net used as a
control measure must—Page 264Reprint 2J
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Workplace Health and Safety Regulation
2008Part 20 Construction work[s 324](a)be designed by an engineer or
competent person for thepurpose for which it is intended to be
used; and(b)bemadeofmaterialdesignedtominimiseinjurytoaperson falling
into the net; and(c)haveenergyabsorbingcharacteristicstoreducetheshock or injury to a person falling into the
net.(2)The net must be installed—(a)so that a person falling into the net
will not hit anythingbelow the net; and(b)as
close as possible below the surface from which theperson who is to be protected by the net is
to work, butnot more than the distance below the surface
specifiedby—(i)if the net’s
manufacturer or supplier has specifiedthe distance—the
manufacturer or supplier; or(ii)otherwise—an engineer or competent
person.(3)The net must, subject to anything
specified under subsection(2), be installed in accordance with
the instructions of—(a)ifthenet’smanufacturerorsupplierhasgiveninstructions
about its installation—the manufacturer orsupplier;
or(b)otherwise—an engineer or competent
person.(4)Arelevantpersonmustnotuse,orallowanotherpersontouse,thenetunlessitisusedinaccordancewiththeinstructions, if any, of the net’s
manufacturer or supplier, anengineer or a
competent person.(5)Arelevantpersonmustensurethenetisinspectedandmaintained in accordance with the
instructions, if any, of anengineerorcompetentpersonorthenet’smanufacturerorsupplier.Reprint 2J
effective 1 July 2011Page 265
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 325]Subdivision 11Relevant
person’s obligation forladders325What
work may be done from single or extension ladder(1)Thissectionappliesifarelevantpersonintendstoperformconstruction
work that involves a single or extension ladder.(2)The relevant person must not use, or
allow another person touse, the ladder—(a)togainaccesstoaplace,unlessthepersonusingtheladder has at least 2 hands and 1
foot, or 2 feet and 1hand, on the ladder from when the
person is fully on theladder to when the person is leaving
the ladder; or(b)to do construction work, other than to
gain access to aplace under paragraph (a), unless the work
is permittedwork.(3)Subsection (2) is a workplace health and
safety obligation forthe Act.326Work
on a ladder(1)Thissectionappliesifarelevantpersonintendstoperformconstruction
work that involves a ladder.(2)The
relevant person must, before the work starts—(a)ensure that each hazard that may result in a
fall by theperson who is to use the ladder or cause
death or injuryif the person were to fall from the ladder
is identified;and(b)ensurethattheriskofdeathorinjurythatmayresultbecause of the
hazard is assessed; and(c)ensure that any
control measures required to prevent, orminimise the
level of, exposure to the risk are used.(3)Subsection (4) applies if the
constructionworkispermittedwork, and, in
doing the work, a person could fall—Page 266Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 326](a)for housing construction work—at least
3m; or(b)otherwise—at least 2m.(4)The relevant person must not use, or
allow another person touse, the ladder, if it is a single or
extension ladder, unless—(a)the person using
the ladder—(i)hasatleast3limbsholding,wrappedaroundorstanding on the ladder in any
combination; orExample—holding the ladder with 1 hand while
standing on it with 2feet(ii)is
prevented from falling by a control measure, forexample, a strap commonly known as a pole
strap;or(iii)isusingafall-arrestharnesssystemthatisnotattached to the
ladder; and(b)the ladder is secured—(i)at or near the top to prevent it
moving; orExamples—•tying the top of the ladder to a plate
fixed to the top ofa wall frame•clamping the top of the ladder to structural
steel(ii)at or near the
bottom to prevent it moving.Examples—•tying the bottom
of the ladder to pegs in the ground•aperson,otherthanthepersonusingtheladder,holding the
ladder in position near the bottom of theladder(5)Despite subsection (4)(a)(i), the
person using the ladder mayhold a stable
object with 1 or both hands instead of holdingthe ladder with
1 or both hands.Examples of stable objects—•gutteringReprint 2J effective 1 July 2011Page
267
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 327]•a fascia board or timber stud•a plate fixed to the top of a wall
frame(6)The relevant person must ensure that
the ladder, if it is a singleorextensionladder,andisusedagainstapoletodoconstruction work, has a device
that—(a)is fitted at or near the top of the
ladder between its sides;and(b)helps to ensure the ladder’s stability by
partly acceptingthe shape of the pole.Example—a steel rope or steel hoop(7)Subsections (2), (4) and (6) are
workplace health and safetyobligations for
the Act.327Ladders generally(1)A
relevant person performing construction work must ensurethat
a ladder, other than a trestle ladder, used for the work—(a)has a load rating of at least 120kg;
and(b)is manufactured for industrial use;
and(c)is used only for the purpose for which
it is designed; and(d)isnotusedtosupportaweightgreaterthanthatforwhich it is designed; and(e)is no longer than—(i)for
a single ladder—6.1m; or(ii)foranextensionladderusedtodoelectricalwork—9.2m;
or(iii)for another
extension ladder—7.5m.(2)However,
subsection (1)(e) does not apply if the ladder is usedfor
work in a confined space.Example of a confined space—a wellPage 268Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 327](3)A ladder may be taken to have a load
rating of at least 120kgif it appears to be marked by its
manufacturer to show it has aload rating of
at least 120kg.(4)A ladder may be taken to be
manufactured for industrial use ifit appears to be
marked by its manufacturer to show it is forindustrial
use.(5)However, subsection (3) or (4) does
not apply if the relevantperson knows or suspects that the
marking is—(a)false; or(b)not
the manufacturer’s marking.(6)The
relevant person must ensure that—(a)the
bottom of the ladder is on a stable surface; and(b)the rungs of the ladder are
approximately level.(7)The relevant
person must not use, or allow another person touse, the ladder
to support a platform.(8)The relevant
person must not use, or allow another person touse, the ladder,
if it is a single or extension ladder, unless—(a)it
is placed so that the angle between the ladder and thehorizontal is at least 70º but not more than
80º when inuse; and(b)if
it is being used as a temporary means of access to orfrom
a surface—the ladder extends at least 1m above thesurface.(9)However, the ladder may be placed so that
the angle betweenthe ladder and the horizontal is more than
80º if—(a)a lesser angle is impractical because
the ladder is beingused in a confined space; and(b)control measures are used to prevent
the ladder movingwhen in use.Example of a
control measure—securing the top and bottom of the
ladder to prevent it movingReprint 2J
effective 1 July 2011Page 269
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 328](10)Subsection
(8)(b) does not apply if—(a)it is
impractical to comply with it, for example, becausethe
work is being done from a surface attached to a pole;and(b)thepersonusingtheladderisattachedtoafall-arrestharness system
before the person moves from the ladderto the
surface.(11)Subsections(1),(6),(7)and(8)areworkplacehealthandsafety obligations for the Act.Subdivision 12Relevant
person’s obligation forplatforms supported by trestleladders328Work
on platform supported by trestle ladders(1)Thissectionappliesifarelevantpersonintendstoperformconstructionworkthatinvolvesaplatformsupportedbytrestle ladders.(2)The
relevant person must, before the work starts—(a)ensure that each hazard that may result in a
fall by thepersonwhoistousetheplatform,orcausedeathorinjury if the person who is to use the
platform were tofall from the platform, is identified;
and(b)ensurethattheriskofdeathorinjurythatmayresultbecause of the
hazard is assessed; and(c)ensure that any
control measures required to prevent, orminimise the
level of, exposure to the risk are used.(3)Also, the relevant person must ensure
subsections (4) to (6)are complied with before the work
starts if the work is—(a)housing
construction work and the person could fall atleast 3m from
the platform; or(b)not housing construction work and the
person could fallat least 2m from the platform.Page
270Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 329](4)Each trestle ladder must be secured to
prevent it moving.Examples of how a trestle ladder must be
secured—•tying the ladder to a sturdy
wall•bracing the ladder to the
ground•applying weights to the bottom of the
ladder(5)Edge protection complying with section
319 must be erectedalong the outer edge of the length of the
platform.(6)Anycontrolmeasuresrequiredtoprevent,orminimisethelevel of, exposure to the following risks
must be used—(a)the risk of the person falling off the
inner edge of thelengthoftheplatform,ifthegapbetweenthatinneredge
and the face of a building, or other structure, that isimmediately beside the platform is over
225mm;(b)the risk of the person falling off the
edge of each end ofthe platform.(7)Subsections(2)and(3)areworkplacehealthandsafetyobligations for
the Act.329Platform supported by trestle
ladders(1)Thissectionappliesifarelevantpersonisperformingconstruction
work on a platform supported by trestle ladders.(2)Subsection (3) applies if the
construction work—(a)ishousingconstructionworkandapersondoingthework
could fall less than 3m from the platform; or(b)is
not housing construction work and a person doing thework
could fall less than 2m from the platform.(3)Therelevantpersonmustensuretheplatformhasanunobstructed surface that is—(a)if the work is light work—at least
225mm wide alongthe length of the platform; or(b)iftheworkisnotlightwork—atleast450mmwidealong the length
of the platform.Reprint 2J effective 1 July 2011Page
271
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 330](4)Subsection (5) applies if the
construction work—(a)ishousingconstructionworkandapersondoingthework
could fall at least 3m from the platform; or(b)is
not housing construction work and a person doing thework
could fall at least 2m from the platform.(5)The
relevant person must ensure—(a)the
platform has an unobstructed surface at least 450mmwide
along the length of the platform; and(b)the
platform is not higher than 5m.(6)Subsections(3)and(5)areworkplacehealthandsafetyobligations for
the Act.Subdivision 13Relevant
person’s obligation forscaffolding330Obligations before starting to erect or
dismantle(1)A relevant person must, before
construction work that is theerecting or
dismantling of scaffolding starts—(a)ensure each hazard that may result in a fall
by the personwho is to use the scaffolding, or cause
death or injury ifthepersonwhoistousethescaffoldingweretofallfrom the
scaffolding, is identified; and(b)ensure the risk of death or injury that may
result becauseof the hazard is assessed; and(c)ensureanycontrolmeasuresrequiredtoprevent,orminimise the level of, exposure to the risk
are used.(2)Subsection (1) is a workplace health
and safety obligation forthe Act.331Erecting scaffolding(1)Thissectionappliesifarelevantpersonintendstoperformconstruction
work that is the erecting of scaffolding.Page 272Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 331](2)The relevant person must not erect, or
allow another person toerect, the scaffolding if—(a)theerectionofthescaffoldingishousingconstructionwork and a
person could fall at least 3m in erecting thescaffolding;
or(b)theerectionofthescaffoldingisnothousingconstruction
work and a person could fall at least 2m inerecting the
scaffolding.(3)However, subsection (2) does not apply
if—(a)the person erecting the
scaffolding—(i)is prevented from falling from the
scaffolding by acontrol measure; or(ii)is
using a fall-arrest harness system; or(b)subsection (4) is complied with.(4)This subsection is complied with
if—(a)eachofthefollowingthingsisinstalledimmediatelyafter enough
components of the scaffolding have beenerected to
support the thing—(i)aplatformatleast450mmwidealongthefulllengthofthesectionofscaffolding,designedtosupporttheplatform,atthelevelthescaffoldinghas
reached;(ii)edgeprotectionacrossthespacebetweentheuprights forming the outer frame of
the scaffoldingat the level the scaffolding has
reached;(iii)a means of
access to the level the scaffolding hasreached;
andExample of a means of access—temporary stairs or a ladder(b)beforethenextlevelofthescaffoldingiserected,aplatform is installed below the level at a
distance of notmore than—Reprint 2J
effective 1 July 2011Page 273
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 332](i)iftheerectionofthescaffoldingishousingconstruction
work—3m; or(ii)otherwise—2m.(5)A
platform under subsection (4)(b) must cover the full lengthand
width of the section of scaffolding designed to support theplatform at the level at which it is
installed, other than a partof the section
required to raise planks or other components ofthe scaffolding
between levels.(6)Subsection (4)—(a)does
not require a platform to be installed on the bottomlevel of the scaffolding; and(b)does not stop the relevant person
removing a platformafter the relevant person has started work 2
levels abovethe level from which the platform is to be
removed.(7)Subsection (2) is a workplace health
and safety obligation forthe Act.332Dismantling scaffolding(1)Thissectionappliesifarelevantpersonintendstoperformconstruction
work that is the dismantling of scaffolding.(2)Therelevantpersonmustnotdismantle,orallowanotherperson to dismantle, the scaffolding
if—(a)thedismantlingofthescaffoldingishousingconstruction
work and a person could fall at least 3m indismantling the
scaffolding; or(b)thedismantlingofthescaffoldingisnothousingconstruction
work and a person could fall at least 2m indismantling the
scaffolding.(3)However, subsection (2) does not apply
if—(a)the person dismantling the scaffolding
is—(i)preventedfromfallingfromthescaffoldingbyacontrol measure; or(ii)using a
fall-arrest harness system; orPage 274Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 333](b)each of the following is complied
with—(i)anyedgeprotectionforthescaffoldingandanymeansofaccesstothelevelthatthedismantlinghas reached are
kept in place while it is practicableto do so;(ii)there is in
place while it is practicable a platform atleast 450mm wide
at the level the dismantling hasreached;(iii)thereisinplaceaplatformatalevel(thelowerlevel)
below the level the dismantling has reachedat a distance of
not more than—(A)ifthedismantlingofthescaffoldingishousing construction work—3m; or(B)otherwise—2m.(4)The
platform required under subsection (3)(b)(iii) must coverthefulllengthandwidthofthesectionofscaffoldingdesigned to
support the platform at the lower level, other thanapartofthesectionrequiredtolowerplanksorothercomponents of
the scaffolding between levels.(5)Subsection (2) is a workplace health and
safety obligation forthe Act.Subdivision
14Relevant person’s obligation forfalling objects333Application of sdiv 14This subdivision
applies to construction work if—(a)an
object could fall on or otherwise hit persons duringthe
work; and(b)there is no principal contractor for
the work.Reprint 2J effective 1 July 2011Page
275
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 334]334Relevant person’s obligation if no
principal contractor(1)The relevant
person has the obligations contained in division2,subdivision11fortheconstructionworkiftherelevantperson is doing the work.(2)In applying the subdivision to the
relevant person, a referencetoaprincipalcontractorinthesubdivisionistakentobeareference to a
relevant person.(3)Subsection (1) is a workplace health
and safety obligation forthe Act.Subdivision
15Relevant person’s obligation forfirst aid335First
aid(1)A relevant person performing
construction work must ensurethat first aid
equipment is reasonably accessible to the personand,iftherelevantpersonisanemployer,totheperson’sworkers.Maximum
penalty—20 penalty units.(2)The first aid
equipment must be appropriate and adequate forthe construction
work and the relevant person or the person’sworkers.(3)The relevant person must ensure that
all first aid equipmentmade available by the person is
maintained in a hygienic, safeand serviceable
condition.Maximum penalty—20 penalty units.Division 4Workers336Application of div 4Thisdivisionappliesonlytoaworkerperformingconstruction
work.Page 276Reprint 2J
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Workplace Health and Safety Regulation
2008Part 20 Construction work[s 337]337Worker to hold general induction
evidence beforestarting construction work(1)Aworkermustnotstartconstructionworkunlesstheworker—(a)holds general induction evidence; and(b)hasshowntheemployeroftheworkerthegeneralinduction
evidence.Maximum penalty—30 penalty units.(2)In this section—construction
workdoes not include work to repair a
structurethat is fixed plant, a ship or a
submarine.Division 5General
provisions about controlmeasures and plant for this
part338Control measure to be in place and
monitored andreviewed(1)This
section applies if—(a)a provision (theoriginal
provision) of this part requiresa principal
contractor or relevant person to use a controlmeasure for a
risk before particular work starts; and(b)acontrolmeasure(theoriginalcontrolmeasure)isused in
accordance with the original provision.(2)The
principal contractor or relevant person must ensure that,while the risk exists, an effective control
measure for the riskis used.(3)If
the original control measure was chosen from a number ofcontrol measures that were available under
this regulation tobeusedfortherisk(theavailablecontrolmeasures),acontrolmeasureusedfortheriskisaneffectivecontrolmeasure for the risk only if it was chosen
from the availablecontrol measures.Reprint 2J
effective 1 July 2011Page 277
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 339](4)If the original control measure is the
only control measure thatwasavailableunderthisregulationtobeusedfortherisk,onlytheoriginalcontrolmeasureisaneffectivecontrolmeasure for the risk.(5)The
principal contractor or relevant person must monitor andreview the effectiveness of a control
measure in place for therisk unless the control measure is an
effective control measurebecause of subsection (3) or
(4).(6)Subsections(2)and(5)areworkplacehealthandsafetyobligations for
the Act.(7)In this section—effective
control measure,for a risk, means a control
measurethat is effective to prevent, or minimise
the level of, exposureto the risk.339Plant
not to be used as control measure unless it hasbeen
maintained(1)A principal contractor for
construction work must not use, orallowapersontouse,plantprovidedbytheprincipalcontractor as a
control measure under this part unless the planthas
been maintained.(2)Arelevantpersonmustnotuse,orallowanotherpersontouse,plantprovidedbytherelevantpersonasacontrolmeasure under this part unless the plant has
been maintained.(3)Subsections (1) and (2) do not affect
the requirement aboutthemaintenanceofanindustrialsafetynetundersection324(5).(4)Subsections(1)and(2)areworkplacehealthandsafetyobligations for
the Act.340Plant erected or installed after
construction work starts(1)This section
applies if—Page 278Reprint 2J
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Workplace Health and Safety Regulation
2008Part 20 Construction work[s 341](a)a provision of this part requires a
principal contractor orrelevant person to use control
measures before particularconstruction work starts; and(b)a provision of this part imposes a
requirement in relationto an item of plant if it is used as a
control measure; andExample of a provision—aprovisionaboutthedesign,specifications,inspection,maintenance or
use of the plant(c)theprincipalcontractororrelevantpersonerectsorinstalls plant of the same type at a later
time.(2)The principal contractor or relevant
person must comply withtheprovisionasiftheplantweretobeerectedorinstalledbefore the
construction work started.(3)Subsection (2)
is a workplace health and safety obligation forthe Act.341Written evidence about plant from
engineer or competentperson may be relied on(1)Thissectionappliesifaprovisionofthispartimposesarequirementonaprincipalcontractororrelevantpersoninrelation to an item of plant.(2)Ifcompliancewiththerequirementrequiresanengineerorcompetent person to have performed a task in
relation to theplant, the principal contractor or relevant
person may complywith the requirement by obtaining a document
in original orcopyformpurportingtobebyanengineerorcompetentperson for the
task evidencing the task has been performed bythe engineer or
competent person.(3)Iftherequirementisabouttheabilityoftheplantoracomponentoftheplanttowithstandaparticularforceorimpactorbearaparticularload,theprincipalcontractororrelevantpersonmaycomplywiththerequirementbyobtaining a document in original or copy
form purporting tobebyanengineerevidencingtheplantorcomponentcanwithstand the force or impact or bear the
load.Reprint 2J effective 1 July 2011Page
279
Workplace Health and Safety Regulation
2008Part 20 Construction work[s 342](4)Subsections (2) and (3) do not permit
reliance on a documentthe principal contractor or relevant
person knows or suspectsto be false, or misleading, in a
material particular.Division 6Chief executive
may ask forinformation from QueenslandBuilding Services Authority342Definitions for div 6In
this division—building contractorhas the meaning
given by theQueenslandBuilding
Services Authority Act 1991, schedule
2.relevant informationmeans the
following information aboutresidential
construction work—(a)thenameoftheownerofthelandonwhichtheresidential construction work is being
carried out;(b)the address of the land;(c)the name of any building contractor or
other person whowill be carrying out the residential
construction work.residential construction workmeans—(a)residentialconstructionworkundertheQueenslandBuildingServicesAuthorityAct1991forwhichaninsurancepremiumhasbeenpaidundersection68ofthat Act;
or(b)building work under theQueensland Building ServicesAuthorityAct1991beingcarriedoutataworkplaceunder an owner-builder permit under that
Act.343Chief executive may ask general
manager of QueenslandBuilding Services Authority for
relevant information(1)For ensuring the
workplace health and safety of persons whomaybeaffectedbyresidentialconstructionwork,thechiefPage 280Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 21 Amenities—work that is not
construction work[s 344]executivemayaskthegeneralmanageroftheQueenslandBuilding
Services Authority for relevant information.(2)Ifthechiefexecutiveasksthegeneralmanagerforinformation under subsection (1), the
general manager mustcomply with the request.(3)The general manager does not commit an
offence merely byfailing to comply with subsection
(2).Part 21Amenities—work
that is notconstruction work344Amenities for rural industry workSection346andschedule12stateparticulardutiesofarelevant person
who is an employer about amenities for workin a rural
industry.345Amenities for work that is not
construction work or ruralindustry workSection346andschedule13stateparticulardutiesofarelevant person
who is an employer about amenities for therelevantperson’sworkersperformingworkthatisnotconstruction work or work in a rural
industry.346Maintenance of amenities(1)Arelevantpersonwhoisanemployerandwhomakesanamenity available under schedule 12 or
13 must ensure thatthe amenity is maintained under subsection
(2).Maximum penalty—20 penalty units.(2)Anamenitymustbemaintainedinahygienic,safeandserviceablecondition,includingbyensuringthatthereisasystem for—Reprint 2J
effective 1 July 2011Page 281
Workplace Health and Safety Regulation
2008Part 22 Relevant persons who are
employers—requirements for building provided for workerto
occupy[s 347](a)inspecting and cleaning the amenity;
and(b)if the amenity has facilities to
dispose of sanitary itemsfor females—the adequate and hygienic
disposal of thesanitary items.Part 22Relevant persons who areemployers—requirements forbuilding provided for worker tooccupy347Ventilation, lighting, floor area and air
space for building(1)Schedule 14 states particular duties
of a relevant person whois an employer—(a)whoseworkerisataworkplaceandperformingworkthat
is not construction work or work in a rural industry;and(b)who provides a
building at the workplace for the workertooccupywhenperformingworkthatisnotconstruction work or work in a rural
industry.(2)The duties are about ventilation,
lighting, floor area and airspace for the
building.Page 282Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 23 Relevant persons who are
employers—atmospheric contaminants[s 348]Part
23Relevant persons who areemployers—atmosphericcontaminants348Level
of atmospheric contaminants(1)Thissectionappliestoanatmosphericcontaminant,otherthanahazardoussubstanceasdefinedinsection198,forwhich the national exposure standard
states an exposure level.(2)A relevant
person who is an employer must ensure that theleveloftheatmosphericcontaminantgeneratedfromaprocesscarriedoutintheconductoftherelevantperson’sbusinessorundertakingisnotmorethantheexposurestandardstatedfortheatmosphericcontaminantinthenational exposure standard.Maximum penalty—20 penalty units.Part
24First aid349Relevant persons who are employers—work
other thanconstruction work(1)This
section does not apply to construction work.(2)A
relevant person who is an employer must ensure that firstaid
equipment is reasonably accessible to each of the relevantperson’s workers.Maximum
penalty—20 penalty units.(3)The first aid
equipment must be appropriate and adequate forthe worker and
the worker’s work.(4)A relevant person who is an employer
must ensure that firstaid equipment is reasonably accessible
to the relevant person.Maximum penalty—20 penalty
units.Reprint 2J effective 1 July 2011Page
283
Workplace Health and Safety Regulation
2008Part 25 Workplace health and safety
contributions[s 350](5)The
first aid equipment must be appropriate and adequate forthe
relevant person and the relevant person’s work.(6)A
relevant person who is an employer must ensure that thefollowing first aid equipment is maintained
in a hygienic, safeand serviceable condition—(a)allfirstaidequipmentmadeavailablebytherelevantperson to a
worker of the relevant person;(b)allfirstaidequipmentmadeavailablebytherelevantperson for his
or her own use.Maximum penalty—20 penalty units.350Relevant persons who are
employers—workersperforming rural industry workA
relevant person who is the employer of a worker performingworkinaruralindustrymustensurethat,ifpracticable,apersonwithfirstaidtrainingisavailabletotreataninjurysuffered by the
worker in performing the work.Maximum
penalty—20 penalty units.Part 25Workplace health
and safetycontributions351Purpose of pt 25Thepurposeofthispartistoprovideforthepaymentofworkplacehealthandsafetycontributionsbynon-schemeemployers for
part 14, division 1B of the Act.352Amount of workplace health and safety
contribution(1)Forsection182F(2)(a)oftheAct,theamountoftheworkplacehealthandsafetycontributionpayablebyaPage 284Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 26 Miscellaneous[s 353]non-schemeemployerforafinancialyearistheamountworked out under
the formula—W=A-B--C-DE--(2)In
subsection (1)—Ameans the total amount of payments for
the financial yearmadebytheWorkers’CompensationRegulatoryAuthorityunder the Workers’ Compensation Act, section
479(1)(b) forthe prevention or recognition of injury to
workers.Bmeans the number of workers covered by
the Queenslandworkers’ compensation scheme in the
financial year.Cmeans the number of workers employed
by the non-schemeemployer in Queensland in the financial
year.Dmeanstherateforthefinancialyearforthenon-schemeemployer’sindustryorbusinessspecifiedbygazettenoticeunder the Workers’ Compensation Act, section
54.Emeans the average rate of premium for
the financial year ofallemployersundertheQueenslandworkers’compensationscheme.Wmeans workplace health and safety
contribution.(3)However, no payment is required if an
amount has been paidas annual levy under the Workers’
Compensation Act, section81 by or in relation to the non-scheme
employer for the samefinancial year.Part 26Miscellaneous353Rural
industry exemption(1)Arelevantpersoninaruralindustryisexemptedfromcomplying with—Reprint 2J
effective 1 July 2011Page 285
Workplace Health and Safety Regulation
2008Part 26 Miscellaneous[s 354]•part 2, in relation to plant that is a
mobile elevating workplatform with an elevation of 6m or
less, until the end of31 August 2010•part
3•part 4, other than in relation to a
prescribed activity thatis work to remove friable asbestos
containing material,until the end of 31 August 2009•part 6•part
16 until the end of 31 August 2009•part
18 until the end of 31 August 2010•part20,division3,subdivision9untiltheendof31August 2009•part
23 until the end of 31 August 2010.(2)A
worker in a rural industry is exempted from complying withpart
3.354Time for giving workplace health and
safety undertakingFor section 42DA(2) of the Act, a workplace
health and safetyundertaking must be received by the chief
executive within 90days after the identified person for the
undertaking is servedwith a summons in relation to the
alleged contravention.355Workplace health
and safety representative trainingcourse(1)Forsection81(1)(o)oftheAct,theaccreditedcoursementioned in subsection (2) is
prescribed.(2)Forsubsection(1),theaccreditedcourseiscourse30630QLD—Course
in functioning as a workplace health andsafety
representative.Page 286Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 27 Repeal[s 356]356Appeal against decision of
AuthorityTheBuildingandConstructionIndustry(PortableLongServiceLeave)Act1991,part9appliestoadecision,determination,directionornoticemadeorgivenbytheAuthority under this
regulation.357Fees(1)The
fees payable under the Act are stated in schedule 1.(2)Theregistrationfeeforaregistrableplantthatisfirstregisteredafter1Februaryinanyyearisadjustedonaproportional basis according to the
number of whole monthsfrom the end of the month when the
plant was first used and31 January in the following
year.(3)ThechiefexecutivemayenterintoanagreementwiththeAuthority or another agent for the
collection of fees.(4)An agreement may provide for an agent
to be paid.Part 27Repeal358Repeal of Workplace Health and Safety
Regulation 1997The Workplace Health and Safety Regulation
1997, SL No.409 is repealed.Reprint 2J
effective 1 July 2011Page 287
Workplace Health and Safety Regulation
2008Part 28 Transitional provisions[s
359]Part 28Transitional
provisionsDivision 1Transitional
provision for WorkplaceHealth and Safety AmendmentRegulation (No. 1) 2004359Certificate of registration of registrable
plant design(1)Subsection (2) applies if, immediately
before 30 July 2004—(a)a certificate of
registration of registrable plant design forthe design of
plant was in force; and(b)repealedsection15(1)(a)and(b)hadbeencompliedwith
for the design.(2)Thecertificateistakentobeacertificateofregistrationofregistrable plant design for the design in
force under part 8,division2untilthecertificatestopshavingeffectundersection
13.(3)Subsection (4) applies if—(a)a certificate of registration of
registrable plant design forthedesignofplantisgrantedunderrepealedsection233;
and(b)when the certificate is granted,
repealed section 15(1)(a)and (b) is complied with for the
design.(4)Thecertificateistakentobeacertificateofregistrationofregistrable plant design for the design in
force under part 8,division2untilthecertificatestopshavingeffectundersection
13.(5)In this section—repealed section
15(1)(a) and (b)means section 15(1)(a) and(b)
of the repealed regulation as in force immediately before30
July 2004.Page 288Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 28 Transitional provisions[s
360]repealedsection233meanssection233oftherepealedregulation as in
force immediately before the commencementof this
section.Division 2Transitional
provisions forWorkplace Health and SafetyAmendment Regulation (No. 3) 2004360Definitions for div 2In
this division—agreement,inrelationtoaformerlycomplyingamenity,includes—(a)a lease or arrangement; and(b)a variation of an agreement;
and(c)an agreement under which the relevant
person is not theonlypartytotheagreementtowhomtheformerlycomplying
amenity is to be made available.formerly
complying amenitymeans—(a)a
lunch room, whether in or adjacent to the employer’sworkplace, complying with the repealed
miscellaneousregulation,schedule7,section5(formerlycomplyinglunch room); or(b)adressingroomcomplyingwiththerepealedmiscellaneousregulation,schedule7,section6(formerly complying dressing
room); or(c)atoiletcomplyingwiththerepealedmiscellaneousregulation,schedule7,section7(formerlycomplyingtoilet).repealedmiscellaneousregulationmeanstherepealedWorkplaceHealthandSafety(Miscellaneous)Regulation1995as
in force immediately before 1 January 2005.Reprint 2J
effective 1 July 2011Page 289
Workplace Health and Safety Regulation
2008Part 28 Transitional provisions[s
361]361Persons to whom this division
applies(1)This division applies to a relevant
person who is an employerif, immediately before 1 January 2005,
the relevant person’sworkplace had a formerly complying
amenity.Example—A
workplace had an amenity even if the amenity was temporarily
closedfor repairs or for another reason.(2)Thisdivisionalsoappliestoarelevantpersonwhoisanemployer
if—(a)before 1 January 2005, the relevant
person entered intoanagreementunderwhichaformerlycomplyingamenityistobeleasedoracquiredby,orotherwisemade available
to, the relevant person; and(b)whenenteringintotheagreement,therelevantpersonintendedtomaketheformerlycomplyingamenityavailable, as a
relevant person, for the relevant person’sworkplace or
future workplace; and(c)the formerly
complying amenity is made available to therelevantpersononorafter1January2005undertheagreement.(3)The
relevant person need not have been a relevant person whois
an employer when the event described in subsection (2)(a),(b)
or (c) happened.362Lunch room(1)This
section applies if—(a)a person to whom this division applies
makes a diningroomavailableforthepurposeofcomplyingwithschedule 13, section 17(3); and(b)thediningroomisaformerlycomplyinglunchroom;and(c)the dining room
is not being used to accommodate moreworkersatthe1timethancouldreasonablybePage
290Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 28 Transitional provisions[s
363]accommodatedatthe1timeasaformerlycomplyinglunch
room.(2)For that purpose—(a)the
following provisions do not apply, in relation to thedining room, to the person—(i)schedule 16, part 1, division 1,
acceptable solutionA8;(ii)schedule 16,
part 1, division 2, acceptable solutionA9(i)(i) to the
extent it requires a combined diningroom and
dressing room to comply with A8; and(b)the
dining room need not be part of a building.(3)In
this section—diningroomseeschedule16,part2,sectionheaded‘Definitions’.363Dressing room(1)This
section applies if—(a)a person to whom this division applies
makes a formerlycomplyingdressingroomavailableforthepurposeofcomplying with schedule 13, section
21(3); and(b)the formerly complying dressing room
is not being usedto accommodate more workers at the 1 time
than couldreasonably be accommodated at the 1 time as
a formerlycomplying dressing room.(2)For
that purpose, the following provisions of schedule 16, part1,division2donotapply,inrelationtotheformerlycomplying
dressing room, to the person—(a)acceptable solution A9(a), (b) or
(d);(b)acceptablesolutionA9(i)(i)totheextentitrequiresacombineddiningroomanddressingroomtocomplywith A9(a), (b)
or (d).(3)In this section—Reprint 2J
effective 1 July 2011Page 291
Workplace Health and Safety Regulation
2008Part 28 Transitional provisions[s
364]dressingroomseeschedule16,part2,sectionheaded‘Definitions’.364Toilets(1)This
section applies if a person to whom this division appliesmakesaformerlycomplyingtoilet,thatisnotportable,availableforthepurposeofcomplyingwithschedule13,section 10(1).(2)Forthatpurpose,thefollowingprovisionsdonotapply,inrelation to the formerly complying toilet,
to the person—(a)schedule 13, section 13;(b)schedule 15, part 1, division 2,
section F2.5.(3)However, the formerly complying toilet
must be in a cubicle,or room, that gives privacy.Division 3Transitional
provision for Workers’Compensation and Rehabilitationand
Other Legislation AmendmentRegulation (No.
1) 2005365Construction work—construction safety
plans(1)Thissectionappliestoconstructionworkstartedbefore16November 2005.(2)A
construction workplace plan for construction work preparedunder the repealed regulation, as in force
immediately before16 November 2005, is taken to be a
construction safety planfor the construction work.(3)A work method statement for a high
risk construction activitypreparedundertherepealedregulation,asinforceimmediately
before 16 November 2005, is taken to be a workmethod statement
for a high risk construction activity, otherthan a
prescribed activity.Page 292Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 28 Transitional provisions[s
366](4)Aworkmethodstatementforaprescribedactivitythatisdemolition work prepared under the repealed
regulation, as inforce immediately before 16 November 2005,
is taken to be aworkmethodstatementforahighriskconstructionactivitythat
is a prescribed activity.Division 4Transitional
provisions forWorkplace Health and Safety andOther Legislation AmendmentRegulation (No. 1) 2007, part 2,division 2366Application for certificate of authority of
appointment of aworkplace health and safety
officer—assessment madebut no application made before 1 July
2007(1)This section applies if—(a)before1July2007,anauthorisedaccreditedproviderhas,underrepealedsection31,assessedapersonascompetent to perform the functions of a
workplace heathand safety officer under the Act; and(b)onorafter1July2007butwithin3monthsaftertheassessmentismade,thepersonappliesundertherepealed regulation for, or for renewal of,
a certificate ofauthorityofappointmentofaworkplacehealthandsafety officer.(2)Repealed section 31(2)(a) does not apply to
the application.(3)In this section—authorised
accredited providersee repealed section 31.repealedsection31meanssection31oftherepealedregulation as in
force immediately before 1 July 2007.Reprint 2J
effective 1 July 2011Page 293
Workplace Health and Safety Regulation
2008Part 28 Transitional provisions[s
367]367Application for certificate of
authority of appointment of aworkplace health
and safety officer—unfinished trainingor
assessment(1)This section applies if—(a)either—(i)an
authorised accredited provider started to train aperson to achieve either of the following,
but hasnot finished the training before 1 July
2007—(A)competencetoperformthefunctionsofaworkplace health and safety officer
under theAct;(B)competencetocontinuetoperformthefunctionsofaworkplacehealthandsafetyofficer under
the Act; or(ii)an authorised
accredited provider started to assessa
person’s—(A)competencetoperformthefunctionsofaworkplace health and safety officer
under theAct; or(B)competencetocontinuetoperformthefunctionsofaworkplacehealthandsafetyofficer under
the Act; and(b)onorafter1July2007thepersonappliesfor,orforrenewal of, a certificate of authority
of appointment of aworkplace health and safety officer.(2)If,onorafter1July2007,thepersonisassessedbytheauthorised accredited provider as
competent to perform thosefunctions, repealed section
31(2)(a)(i) is taken to be satisfiedfor the
application.(3)If,onorafter1July2007,thepersonisassessedbytheauthorisedaccreditedproviderascompetenttocontinuetoperform those functions, repealed section
31(2)(a)(ii) is takento be satisfied for the
application.(4)In this section—Page 294Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 28 Transitional provisions[s
368]authorised accredited providersee
repealed section 31.repealedsection31meanssection31oftherepealedregulation as in
force immediately before 1 July 2007.368Application for certificate of authority of
appointment of aworkplace health and safety
officer—undecidedapplication made before 1 July 2007(1)This section applies to an application
made before 1 July 2007undertherepealedregulationfor,orforrenewalof,acertificate of
authority of appointment of a workplace healthand safety
officer.(2)If, before 1 July 2007, the
application has not been decided,theapplicationmustbedecidedandotherwisedealtwithunder the
repealed regulation as in force immediately before 1July
2007.Division 5Transitional
provision for WorkplaceHealth and Safety LegislationAmendment Regulation (No. 1) 2007369Application for certificate of
registration of mobilecrane or tower crane(1)This section applies if—(a)anapplicationunderrepealedsection39Iwasmadebefore 1 February 2008; and(b)a certificate of registration, or a
renewal of a certificateof registration, had not been granted,
and a decision torefusetheapplicationhadnotbeenmade,before1February 2008.(2)Repealed section 39I continues to apply to
the application.(3)In this section—repealedsection39Imeanssection39Ioftherepealedregulation as in
force immediately before 1 February 2008.Reprint 2J
effective 1 July 2011Page 295
Workplace Health and Safety Regulation
2008Part 28 Transitional provisions[s
370]Division 6Transitional
provisions forWorkplace Health and Safety andOther Legislation AmendmentRegulation (No. 1) 2007, part 2,division 3370Applications for certificates to work in a
prescribedoccupation(1)This
section applies to an application for a certificate to workin a
prescribed occupation that—(a)wasmadeundertherepealed regulationbefore1July2008; and(b)has not been decided.(2)Theapplicationmustbedecidedandotherwisedealtwithunder the
repealed regulation as in force immediately before 1July
2008.(3)However,ifthechiefexecutivedecidestogranttheapplication, the chief executive must,
instead of granting thecertificate stated in the application,
issue—(a)iftheproposedcertificaterelatestoworkthatcorrespondstotheworktowhichanearthmovingorparticularcraneworkoccupationrelates—anearthmoving or
particular crane work certificate for theoccupation;
or(b)otherwise—a licence to perform the
class of high riskwork,thatcorrespondstotheworktowhichtheproposed certificate relates.371Unfinalised proposed action(1)This section applies if proposed
action stated in a show causenotice given to
a person under the repealed regulation before 1July 2008 has
not been finalised.Page 296Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Part 28 Transitional provisions[s
372](2)The chief executive must decide
whether to take the proposedaction, and may
otherwise finalise the proposed action, undersection 46B of
the repealed regulation as in force immediatelybefore 1 July
2008.Division 7Transitional
provision for WorkplaceHealth and Safety and OtherLegislation Amendment Regulation(No.
1) 2008372Statement in assessment summary for
unit ofcompetency that person is competent(1)This section applies if—(a)apersonholdsanassessmentsummary,issuedbeforethe
commencement, stating for the unit of competencyto
which the assessment summary relates that the personnamed in the assessment summary is
competent; and(b)thepersonhasacompetentassessmentresultinthefollowing
assessments in the unit of competency—(i)written assessment;(ii)practical assessment;(iii)if
an assignment is required to be assessed undertheassessmentinstrumentfortheunitofcompetency,andwasassessed—assignmentassessment.(2)For
sections 18(5)(c) and 25(4)(c), the person is taken to holdan
assessment summary stating for the unit of competency towhich the assessment summary relates that
the person namedin the assessment summary has a competent
assessment resultin the assessments mentioned in subsection
(1)(b).(3)In this section—Reprint 2J
effective 1 July 2011Page 297
Workplace Health and Safety Regulation
2008Part 28 Transitional provisions[s
373]commencementmeans the
commencement of theWorkplaceHealthandSafetyandOtherLegislationAmendmentRegulation (No.1) 2008, section
30.Division 8Transitional
provision for WorkplaceHealth and Safety Regulation
2008373Continuation of converted
certificates(1)Thissectionappliesif,immediatelybeforethecommencement of the section, an
earthmoving or particularcrane work certificate or a licence to
perform a class of highrisk work was in force under section
28K(2) of the repealedregulation.(2)Thecertificateorlicencecontinuesinforce,unlesssuspended,untilitendsundersection42or43orissurrendered or cancelled.374References to repealed
regulationIn subordinate legislation or another
document, a reference tothe repealed regulation may, if the
context permits, be taken tobe a reference
to this regulation.Division 9Transitional
provision for WorkplaceHealth and Safety and AnotherRegulation Amendment Regulation(No.
1) 2009375General induction training course
completed before1 July 2009(1)Thissectionappliesifapersoncompletestheaccreditedcourse30215QLD—Courseingeneralsafetyinduction(constructionindustry)beforethecommencementofthissection.Page
298Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 28 Transitional provisions[s
376](2)Ageneralinductioncardthatevidencestheperson’ssuccessfulcompletionofthecourseisvalidafterthecommencement.Division
10Transitional provisions forWorkplace Health and SafetyAmendment Regulation (No. 1) 2011376Particular bonded asbestos removal
certificates to end31 December 2012(1)This
section applies to a bonded asbestos removal certificateif—(a)thecertificatewasinforceimmediatelybeforethecommencementofthissectionandwould,apartfromsubsection (2),
end on or before 31 December 2012; or(b)the
chief executive returns the certificate under section124(2) after the commencement of this
section and thecertificate would, apart from subsection
(2), end on orbefore 31 December 2012; or(c)the certificate is granted on or after
the commencementof this section.(2)Despite section 54, the certificate is for a
term starting on thedayitwasgrantedandendingattheendof31December2012.377Application for renewal of bonded
asbestos removalcertificate(1)This
section applies to an application for renewal of a bondedasbestos removal certificate if—(a)theapplicationwasmadebutnotdecidedbeforethecommencement of this section;
or(b)the application is made on or after
the commencementof this section.Reprint 2J
effective 1 July 2011Page 299
Workplace Health and Safety Regulation
2008Part 28 Transitional provisions[s
378](2)Ifthechiefexecutivedecidestogranttheapplication,therenewedcertificateisforatermstartingonthedayitisgranted and ending at the end of 31
December 2012.(3)Subsection (2) applies despite any
provision of the Act or anyother
law.378Particular certificates of authority
of appointment of aworkplace health and safety officer to end
31 December2011(1)Thissectionappliestoacertificateofauthorityofappointment of a workplace health and safety
officer if—(a)thecertificatewasinforceimmediatelybeforethecommencementofthissectionandwould,apartfromsubsection (2),
end on or before 31 December 2011; or(b)the
chief executive returns the certificate under section124(2) after the commencement of this
section and thecertificate would, apart from subsection
(2), end on orbefore 31 December 2011; or(c)the certificate is granted on or after
the commencementof this section.(2)Despitesection57(4),thecertificateisvalidforthetermstarting on the
day it was granted and ending at the end of 31December
2011.379Application for renewal of certificate
of authority ofappointment of a workplace health and safety
officer(1)Thissectionappliestoanapplicationforrenewalofacertificate of authority of
appointment of a workplace healthand safety
officer if—(a)theapplicationwasmadebutnotdecidedbeforethecommencement of this section;
or(b)the application is made on or after
the commencementof this section.Page 300Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Part 28 Transitional provisions[s
379](2)Ifthechiefexecutivedecidestogranttheapplication,therenewedcertificateisforatermstartingonthedayitisgranted and ending at the end of 31
December 2011.(3)Subsection (2) applies despite any
provision of the Act or anyother
law.Reprint 2J effective 1 July 2011Page
301
Workplace Health and Safety Regulation
2008Schedule 1Schedule 1Feessection
3571Notification of building and
construction work(1)This section sets the fee, under
section 129, forthenotificationofbuildingandconstructionwork.(2)The fee is 0.125% of the cost of the
building andconstruction work.$2Registration, or renewal of
certificate ofregistration, of registrable plant(1)This section sets the fee for the
following—(a)registration, under section 7, of
registrableplant;(b)renewal, under section 111, of a
certificateof registration of registrable plant.(2)The fee is—(a)subject to subsection (3), for a boiler
witha heating surface of—(i)not
more than 5m2. . . . . . . . . . . . . . .70.00(ii)more
than 5m2but 10m2or
less . . . . .170.00(iii)more
than 10m2but 60m2or
less . . . .265.00(iv)more
than 60m2but 500m2or
less . . .505.00(v)more
than 500m2but 2000m2or
less .890.00(vi)more
than 2000m2. . . . . . . . . . . . . . .1
510.00(b)foranunfiredpressurevesselwithacapacity of—(i)more
than 0.5m3but 5m3or
less. . . . .76.00(ii)more
than 5m3but 15m3or
less . . . . .130.00(iii)more
than 15m3but 30m3or
less . . . .195.00(iv)more
than 30m3. . . . . . . . . . . . . . . .
.260.00Page 302Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 1$(c)foracraneorhoist,otherthanavehiclehoist,buildingmaintenanceunitorelevatingworkplatform,withasafeworking load
of—(i)not more than 10t. . . . . . . . . . .
. . . . .140.00(ii)more
than 10t but 50t or less . . . . . . .300.00(iii)more than 50t. .
. . . . . . . . . . . . . . . . .370.00(d)for a truck-mounted concrete placing
unitwith a boom, other than manually
powered140.00(e)for
a building maintenance unit . . . . . . . . .77.00(f)for a service lift . . . . . . . . . .
. . . . . . . . . . .54.00(g)for
a lift other than a service lift. . . . . . .
.93.00plus
21.50for each floor(h)for
an escalator. . . . . . . . . . . . . . . . . . . . . .72.00(i)for
an air-conditioning unit . . . . . . . . . . . .175.00(j)foraspecifiedamusementdeviceclassified as—(i)aclass2amusementdevicementionedinAS3533,part1asinforceon5December1997,otherthanacoinoperatedamusementdevice. . . . .
. . . . . . . . . . . . . . . . . . . .140.00(ii)aclass3amusementdevicementioned in that part . . . . . . . . . . .
.215.00(iii)aclass4amusementdevicementioned in that part . . . . . . . . . . .
.300.00(iv)aclass5amusementdevicementioned in that part . . . . . . . . . . .
.300.00(3)If a
boiler is heated electrically, the fee payablemustbeworkedoutonthebasisthat1kWequals 0.08m2of
heating surface.Reprint 2J effective 1 July 2011Page
303
Workplace Health and Safety Regulation
2008Schedule 13Applicationforcertificateofregistrationofregistrable plant designThefee,undersection102,foranapplicationforacertificateofregistrationofregistrableplant design is
. . . . . . . . . . . . . . . . . . . . . . . . . . .4Licences to perform a class of high
risk work(1)This section sets the fee relating to
a licence toperform a class of high risk work.(2)The fee is—(a)for
an application, under section 82, for alicencetoperformaclassofhighriskwork—(i)foreachlicenceclassthatismentionedinsubsection(3)andendorsed on the licence—the
amountstatedinsubsection(4)forthelicence class;
or(ii)for each licence
class that is endorsedon the licence and not mentioned
insubsection (3). . . . . . . .
. . . . . . . . . .(b)for an application, under section 82,
for avariation of a licence to perform a class
ofhigh risk work to endorse another class
ofhigh risk work on the licence—(i)for each additional licence class
thatismentionedinsubsection(3)andendorsed on the licence—the
amountstatedinsubsection(4)forthelicence class;
or(ii)for each
additional licence class thatisnotmentionedinsubsection(3)and
is endorsed on the licence. . . . . .(c)foranapplication,undersection96,forrenewal of a licence to perform a
class ofhigh risk work . . . . . . . . . . . . . . .
. . . . . . .$93.0074.0074.0068.00Page
304Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 1(d)foranapplication,undersection114,toreplacealost,damaged,destroyedorstolenlicencetoperformaclassofhighrisk work . . .
. . . . . . . . . . . . . . . . . . . . . . .(3)Forsubsection(2)(a)(i)and(b)(i),thelicenceclasses are as
follows—(a)basic rigger;(b)intermediate rigger;(c)advanced rigger;(d)intermediate scaffolder;(e)advanced scaffolder;(f)intermediate boiler operator;(g)advanced boiler operator.(4)For subsection (2)(a)(i) or (b)(i),
the amount isas follows—(a)for
the licence class basic rigger—(i)if
the applicant for the licence holdsthe licence
class dogger. . . . . . . . . . .(ii)otherwise . . . . . . . . . . . . . . . . .
. . . . .(b)for the licence class intermediate
rigger—(i)iftheapplicantholdsthelicenceclass basic
rigger . . . . . . . . . . . . . . . .(ii)iftheapplicantholdsthelicenceclass dogger but
not basic rigger . . . .(iii)iftheapplicantdoesnotholdthelicence class dogger or basic rigger.
.(c)for the licence class advanced
rigger—(i)iftheapplicantholdsthelicenceclass
intermediate rigger . . . . . . . . . .(ii)iftheapplicantholdsthelicenceclassbasicriggerbutnotintermediate
rigger. . . . . . . . . . . . . .(iii)iftheapplicantholdsthelicenceclassdoggerbutnotbasicriggerorintermediate rigger. .
. . . . . . . . . . . .$29.5074.00148.0074.00148.00222.0074.00148.00222.00Reprint 2J effective 1 July 2011Page
305
Workplace Health and Safety Regulation
2008Schedule 1(5)A
reference in subsection (4)—(a)toanapplicantwhoholdsaparticularlicenceclassincludesareferencetoanapplicantwhoholdsacorrespondingauthority to the
licence class; or(b)toanapplicantwhodoesnotholdaparticularlicenceincludesareferencetoanapplicantwhodoesnotholdacorrespondingauthoritytothatlicenceclass.$5Conversion to renewable licence to
perform aclass of high risk work(1)Thissectionsetsthefeeforanapplication,under section
43, to convert a licence to performa class of high
risk work to a renewable licence.(2)The
fee, irrespective of the number of licences tobe converted, is
. . . . . . . . . . . . . . . . . . . . . . . . . .68.006Certificates—prescribed activities(1)This section sets the fees relating to
a certificateto perform a prescribed activity under part
4.(2)The fee is—(a)for
an application, under section 47, for acertificate . .
. . . . . . . . . . . . . . . . . . . . . . . .(b)foranapplication,undersection114,toreplacealost,damaged,destroyedorstolen certificate. . . . . . . . . . . . .
. . . . . . . .58.0029.507Certificate of appointment as an
accreditedprovider(1)This
section sets the fees relating to a certificateof appointment
as an accredited provider underpart 7.(2)The fee is—(a)for
an application, under section 59, for acertificate . .
. . . . . . . . . . . . . . . . . . . . . . . .Reprint 2J
effective 1 July 201158.00Page
307
Workplace Health and Safety Regulation
2008Schedule 1(b)foranassessmentof an
application for acertificate, for each year or part of a
yearto be stated in the certificate. .
. . . . . . . . .(c)foranapplication,undersection114,toreplacealost,damaged,destroyedorstolen certificate. . . . . . . . . . . . .
. . . . . . . .8Bonded asbestos removal
certificate(1)Thissectionsetsthefeerelatingtoabondedasbestos removal
certificate under part 5.(2)The fee
is—(a)for an application, under section 53,
for acertificate . . . . . . . . . . . . . . . .
. . . . . . . . . .(b)foranapplication,undersection114,toreplacealost,damaged,destroyedorstolen certificate. . . . . . . . . . . . .
. . . . . . . .9Report about occupational health and
safetyperformance for Workers’ Compensation
Act(1)Thissectionsetsthefeeforthepreparation,under part 14,
division 1A of the Act, of a reportabouttheoccupationalhealthandsafetyperformanceofasingleemployerorgroupemployer for the
issue or renewal of a licence tobeaself-insurerundertheWorkers’Compensation
Act, section 71 or 72.(2)The fee
is—(a)for a single employer . . . . . . . .
. . . . . . . . .(b)for a group employer . . . . . . . . .
. . . . . . . .$165.0029.5058.0029.501
050.001 395.00Page 308Reprint 2J effective 1 July
2011
Schedule 2Workplace Health
and Safety Regulation 2008Schedule 2Accredited
coursessection 62Course code30494QLD30496QLD30497QLD30498QLD30523QLD30596QLDCourse nameCourse in
self-erecting tower crane operationCourse in
operating load shifting equipmentCourseinoperatingcrane,riggingandscaffoldingequipmentCourse in operating pressure
equipmentCourse in recertification to function as a
workplace healthand safety officerCourseinfunctioningasaworkplacehealthandsafetyofficerReprint 2J effective 1 July 2011Page
309
Workplace Health and Safety Regulation
2008Schedule 3Schedule 3Registrable plantsection 106 and
schedule 18, definitionregistrable plant1air-conditioning units2specifiedamusementdevices,otherthancoinoperatedamusement
devices3boilers categorised as hazard level A,
B or C under the criteriamentioned in AS 4343, as in force on 1
July 2000Editor’s note—AS
4343 (Pressure equipment—Hazard levels)4building maintenance units5cooling towers6lifts other than lifts installed in a
private residence within themeaning given by
AS 1735Editor’s note—AS
1735 (Lifts, escalators and moving walks)7escalators8mobilecraneswithasafeworkingloadofmorethan10t,other than those
that are manually powered9pressure vessels
categorised as hazard level A, B or C underthe criteria
mentioned in AS 4343, as in force on 1 July 2000,other than—(a)refillable gas cylinders mentioned in AS
2030; and(b)LP gas fuel vessels for automotive use
mentioned in AS3509; and(c)serial produced vessels mentioned in AS
2971Editor’s note—•AS 2030 (Gas cylinders)•AS 3509 (LP (liquefied petroleum) gas
fuel vessels for automotiveuse)Page 310Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 3•AS
2971 (Serially produced pressure vessels)10tower cranes, other than those that are
manually powered11truck-mounted concrete placing units
with booms, other thanthose that are manually poweredReprint 2J effective 1 July 2011Page
311
Workplace Health and Safety Regulation
2008Schedule 4Schedule 4Registrable plant designsections 12 and
15 and schedule 18, definitionregistrable
plantdesign1boom-type elevating work platform2bridge crane with a safe working load
of at least 10t3bridge crane or gantry crane designed
to handle molten metalor dangerous goods4building maintenance unit5escalator6gantry crane with a safe working load of
more than 5t7LP gas cylinder8personnel hoist9lift10mast
climbing work platform11mobile crane
with a safe working load of more than 10t12prefabricated scaffolding13pressure equipment with hazard level
A, B, C or D, as workedout under the criteria stated in AS
4343 as in force on 1 July2000, other than pressure
pipingEditor’s note—AS
4343 (Pressure equipment—Hazard levels)14refillable gas cylinder15specified amusement device, other
than—(a)a coin operated amusement device;
or(b)a specified amusement device
manufactured before 30July2004andclassifiedasaclass2,3,4or5amusement device in AS 3533-1997 that,
if it had beenmanufacturedbefore5December1997,wouldhavePage
312Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 4beenclassifiedasaclass1amusementdeviceinAS3533-1988Editor’s note—•AS 3533–1997 (Amusement rides and
devices)•AS 3533–1988 (Amusement rides and
devices)16tower crane17vehicle hoist18work
boxReprint 2J effective 1 July 2011Page
313
Workplace Health and Safety Regulation
2008Schedule 5Schedule 5Classes of high risk work andunits
of competency for theclassessection 17 and
schedule 18, definitionsclass of high risk workandunit of competencyPart 1Scaffolding work1Basic
scaffolder(1)The class of work is basic
scaffolder.(2)TheunitofcompetencyfortheclassisPerformbasicscaffoldingoperations,inaccreditedcourse30497QLD—Courseinoperatingcrane,riggingandscaffolding.2Intermediate scaffolder(1)The
class of work is intermediate scaffolder.(2)The
unit of competency for the class is Perform intermediatescaffoldingoperations,inaccreditedcourse30497QLD—Courseinoperatingcrane,riggingandscaffolding.3Advanced scaffolder(1)The
class of work is advanced scaffolder.(2)TheunitofcompetencyfortheclassisPerformadvancedscaffoldingoperations,inaccreditedcourse30497QLD—Courseinoperatingcrane,riggingandscaffolding.Page 314Reprint 2J effective 1 July
2011
Part
2Workplace Health and Safety Regulation
2008Schedule 5Rigging
work4Dogger(1)The
class of work is dogger.(2)TheunitofcompetencyfortheclassisPerformdoggingoperations,inaccreditedcourse30497QLD—Courseinoperating crane, rigging and
scaffolding.5Basic rigger(1)The
class of work is basic rigger.(2)The
unit of competency for the class is Perform basic riggingoperations,inaccreditedcourse30497QLD—Courseinoperating crane, rigging and
scaffolding.6Intermediate rigger(1)The class of work is intermediate
rigger.(2)The unit of competency for the class
is Perform intermediaterigging operations, in accredited
course 30497QLD—Coursein operating crane, rigging and
scaffolding.7Advanced rigger(1)The
class of work is advanced rigger.(2)TheunitofcompetencyfortheclassisPerformadvancedrigging operations, in accredited course
30497QLD—Coursein operating crane, rigging and
scaffolding.Part 3Crane and hoist
operation8Tower crane(1)The
class of work is operator of a tower crane.Reprint 2J
effective 1 July 2011Page 315
Workplace Health and Safety Regulation
2008Schedule 5(2)The
unit of competency for the class is Operate a tower crane,in
accredited course 30497QLD—Course in operating crane,rigging and scaffolding.9Self-erecting tower crane(1)The class of work is operator of a
self-erecting tower crane.(2)The unit of
competency for the class is Operate a self-erectingtowercrane,inaccreditedcourse30494QLD—Courseinself-erecting tower crane operation.10Derrick crane(1)The
class of work is operator of a derrick crane.(2)TheunitofcompetencyfortheclassisOperateaderrickcrane, in
accredited course 30497QLD—Course in operatingcrane, rigging
and scaffolding.11Portal boom crane(1)The
class of work is operator of a portal boom crane.(2)The unit of competency for the class
is Operate a portal boomcrane, in accredited course
30497QLD—Course in operatingcrane, rigging
and scaffolding.12Bridge and gantry crane (open)(1)Theclassofworkisoperatorofabridgeandgantrycranehaving 3 or more powered operations.Note—See also sections
18(7) and 25(6), schedule 5A, section 12 (Bridge andgantry crane (open)), schedule 6, section 1
(Bridge and gantry crane(remote control only)) and schedule 7,
part 2, item 1.(2)For subsection (1), each of the
following is a single poweredoperation—(a)raising and lowering a load;(b)moving the crane along runways;Page
316Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 5(c)traversingthehoistingmechanismacrossthebridgebeam;(d)rotating the hoisting
mechanism.(3)The unit of competency for the class
is Operate a bridge andgantrycrane,inaccreditedcourse30497QLD—Courseinoperating crane, rigging and
scaffolding.13Vehicle loading crane(1)The class of work is operator of a
vehicle loading crane with acapacity of 10
metre tonnes or more.(2)TheunitofcompetencyfortheclassisOperateavehicleloadingcrane,inaccreditedcourse30497QLD—Courseinoperating crane, rigging and
scaffolding.14Non-slewing mobile crane(1)The class of work is operator of a
non-slewing mobile cranewith a capacity of more than
3t.(2)The unit of competency for the class
is Operate non-slewingmobilecranes(morethan3tonnescapacity),inaccreditedcourse30497QLD—Courseinoperatingcrane,riggingandscaffolding.15Slewing mobile crane with a capacity of 20t
or less(1)The class of work is operator of a
slewing mobile crane with acapacity of 20t
or less.(2)TheunitofcompetencyfortheclassisOperateslewingmobilecrane(upto20tonnes),inaccreditedcourse30497QLD—Courseinoperatingcrane,riggingandscaffolding.16Slewing mobile crane with a capacity of 60t
or less(1)The class of work is operator of a
slewing mobile crane with acapacity of 60t
or less.Reprint 2J effective 1 July 2011Page
317
Workplace Health and Safety Regulation
2008Schedule 5(2)TheunitofcompetencyfortheclassisOperateslewingmobilecrane(upto60tonnes),inaccreditedcourse30497QLD—Courseinoperatingcrane,riggingandscaffolding.17Slewing mobile crane with a capacity of 100t
or less(1)The class of work is operator of a
slewing mobile crane with acapacity of 100t
or less.(2)TheunitofcompetencyfortheclassisOperateslewingmobilecrane(upto100tonnes),inaccreditedcourse30497QLD—Courseinoperatingcrane,riggingandscaffolding.18Slewing mobile crane with a capacity of more
than 100t(1)The class of work is operator of a
slewing mobile crane with acapacity of more
than 100t.(2)TheunitofcompetencyfortheclassisOperateslewingmobilecrane(open/over100tonnes),inaccreditedcourse30497QLD—Courseinoperatingcrane,riggingandscaffolding.19Materials hoist(1)Theclassofworkisoperatorofamaterialshoistwithacantilever platform.(2)The
unit of competency for the class is Operate material hoists(cantileverplatform),inaccreditedcourse30497QLD—Courseinoperatingcrane,riggingandscaffolding.20Materials or personnel hoist(1)The class of work is operator of a
materials or personnel hoist.(2)TheunitofcompetencyfortheclassisOperateahoist(materialorpersonnel)inaccreditedcoursePage
318Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 530497QLD—Courseinoperatingcrane,riggingandscaffolding.21Boom-type elevating work platform(1)The class of work is operator of a
boom-type elevating workplatform with a boom length of 11m or
more.(2)The unit of competency for the class
is Operate boom typeelevating work platforms (boom length
11 metres or more), inaccreditedcourse30497QLD—Courseinoperatingcrane,rigging and scaffolding.22Mobile truck-mounted concrete placing
boom(1)Theclassofworkisoperatorofamobiletruck-mountedconcrete placing
boom with a knuckle boom capable of poweroperated slewing
and luffing.(2)TheunitofcompetencyfortheclassisOperateconcreteplacing booms, in accredited course
30497QLD—Course inoperating crane, rigging and
scaffolding.Part 4Forklift
operation23Forklift truck(1)The
class of work is operator of a forklift truck, other than apedestrian operated forklift truck.(2)TheunitofcompetencyfortheclassisOperateaforklifttruck, in
accredited course 30496QLD—Course in operatingload shifting
equipment.24Order picking forklift truck(1)Theclassofworkisoperatorofanorderpickingforklifttruck.Reprint 2J effective 1 July 2011Page
319
Workplace Health and Safety Regulation
2008Schedule 5(2)TheunitofcompetencyfortheclassisOperateanorderpickingforklifttruck,inaccreditedcourse30496QLD—Course in operating load shifting
equipment.Part 5Pressure
equipment operation25Basic boiler operator(1)The class of work is basic boiler
operator.(2)TheunitofcompetencyfortheclassisOperateaboiler(basic), in
accredited course 30498QLD—Course in operatingpressure
equipment.26Intermediate boiler operator(1)The class of work is intermediate
boiler operator.(2)TheunitofcompetencyfortheclassisOperateaboiler(intermediate),inaccreditedcourse30498QLD—Courseinoperating pressure equipment.27Advanced boiler operator(1)The class of work is advanced boiler
operator.(2)TheunitofcompetencyfortheclassisOperateaboiler(advanced),inaccreditedcourse30498QLD—Courseinoperating pressure equipment.28Turbine operator(1)The
class of work is operator of a turbine.(2)The
unit of competency for the class is Operate a turbine, inaccredited course 30498QLD—Course in
operating pressureequipment.Page 320Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 5(3)In
subsection (1)—turbinemeans industrial
equipment in which steam acts on aturbine or rotor
to cause a rotary motion, but does not includea steam turbine
and expansion turbine with a power output ofless than
500kW.29Reciprocating steam engine
operator(1)The class of work is operator of a
reciprocating steam enginewith a piston diameter of more than
250mm.(2)TheunitofcompetencyfortheclassisOperateareciprocatingsteamengine,inaccreditedcourse30498QLD—Course in operating pressure
equipment.Reprint 2J effective 1 July 2011Page
321
Workplace Health and Safety Regulation
2008Schedule 5ASchedule 5AClasses of high risk work andunits
of competency for theclasses under nationalstandardsection 17 and
schedule 18, definitionclass of high risk workPart
1Scaffolding work1Basic
scaffolder(1)The class of work is basic
scaffolder.(2)TheunitofcompetencyfortheclassisCPCCLSF2001A:Licence to
erect, alter and dismantle scaffolding basic level.2Intermediate scaffolder(1)The class of work is intermediate
scaffolder.(2)TheunitofcompetencyfortheclassisCPCCLSF3001A:Licence to
erect, alter and dismantle scaffolding intermediatelevel.3Advanced scaffolder(1)The
class of work is advanced scaffolder.(2)TheunitofcompetencyfortheclassisCPCCLSF4001A:Licencetoerect,alteranddismantlescaffoldingadvancedlevel.Page 322Reprint 2J effective 1 July
2011
Part
2Workplace Health and Safety Regulation
2008Schedule 5ARigging
work4Dogger(1)The
class of work is dogger.(2)TheunitofcompetencyfortheclassisCPCCLDG3001A:Licence to
perform dogging.5Basic rigger(1)The
class of work is basic rigger.(2)TheunitofcompetencyfortheclassisCPCCLRG3001A:Licence to
perform rigging basic level.6Intermediate rigger(1)The
class of work is intermediate rigger.(2)TheunitofcompetencyfortheclassisCPCCLRG3002A:Licence to
perform rigging intermediate level.7Advanced rigger(1)The
class of work is advanced rigger.(2)TheunitofcompetencyfortheclassisCPCCLRG4001A:Licence to
perform rigging advanced level.Part 3Crane
and hoist operation8Tower crane(1)The
class of work is operator of a tower crane.(2)TheunitofcompetencyfortheclassisCPCCLTC4001A:Licence to
operate a tower crane.Reprint 2J effective 1 July 2011Page
323
Workplace Health and Safety Regulation
2008Schedule 5A9Self-erecting tower crane(1)The class of work is operator of a
self-erecting tower crane.(2)TheunitofcompetencyfortheclassisCPCCLTC4002A:Licence to
operate a self-erecting tower crane.10Derrick crane(1)The
class of work is operator of a derrick crane.(2)The
unit of competency for the class is TLILIC408A: Licenceto
operate a derrick crane.11Portal boom
crane(1)The class of work is operator of a
portal boom crane.(2)The unit of competency for the class
is TLILIC708A: Licenceto operate a portal boom crane.12Bridge and gantry crane (open)(1)Theclassofworkisoperatorofabridgeandgantrycranehaving 3 or more powered operations.Note—See also sections
18(7) and 25(6), schedule 5, section 12 (Bridge andgantry crane (open)), schedule 6, section 1
(Bridge and gantry crane(remote control only)) and schedule 7,
part 2, item 1.(2)For subsection (1), each of the
following is a single poweredoperation—(a)raising and lowering a load;(b)moving the crane along runways;(c)traversingthehoistingmechanismacrossthebridgebeam;(d)rotating the hoisting
mechanism.(3)The unit of competency for the class
is TLILIC308A: Licenceto operate a bridge and gantry
crane.Page 324Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Schedule 5A13Vehicle loading crane(1)The
class of work is operator of a vehicle loading crane with acapacity of 10 metre tonnes or more.(2)TheunitofcompetencyfortheclassisTLILIC1208A:Licence to
operate a vehicle loading crane (capacity ten metretonnes and above).14Non-slewing mobile crane(1)The
class of work is operator of a non-slewing mobile cranewith
a capacity of more than 3t.(2)The
unit of competency for the class is TLILIC608A: Licenceto
operate a non-slewing mobile crane (greater than 3 tonnescapacity).15Slewing mobile crane with a capacity of 20t
or less(1)The class of work is operator of a
slewing mobile crane with acapacity of 20t
or less.(2)The unit of competency for the class
is TLILIC808A: Licenceto operate a slewing mobile crane (up
to 20 tonnes).16Slewing mobile crane with a capacity
of 60t or less(1)The class of work is operator of a
slewing mobile crane with acapacity of 60t
or less.(2)The unit of competency for the class
is TLILIC908A: Licenceto operate a slewing mobile crane (up
to 60 tonnes).17Slewing mobile crane with a capacity
of 100t or less(1)The class of work is operator of a
slewing mobile crane with acapacity of 100t
or less.(2)TheunitofcompetencyfortheclassisTLILIC1008A:Licence to
operate a slewing mobile crane (up to 100 tonnes).Reprint 2J effective 1 July 2011Page
325
Workplace Health and Safety Regulation
2008Schedule 5A18Slewing mobile crane with a capacity of more
than 100t(1)The class of work is operator of a
slewing mobile crane with acapacity of more
than 100t.(2)TheunitofcompetencyfortheclassisTLILIC1108A:Licence to
operate a slewing mobile crane (over 100 tonnes).19Materials hoist(1)Theclassofworkisoperatorofamaterialshoistwithacantilever platform.(2)TheunitofcompetencyfortheclassisCPCCLHS3002A:Licence to
operate a materials hoist.20Materials or
personnel hoist(1)The class of work is operator of a
materials or personnel hoist.(2)TheunitofcompetencyfortheclassisCPCCLHS3001A:Licence to
operate a personnel and materials hoist.21Boom-type elevating work platform(1)The class of work is operator of a
boom-type elevating workplatform with a boom length of 11m or
more.(2)The unit of competency for the class
is TLILIC508A: Licenceto operate a boom-type elevating work
platform (boom length11 metres or more).22Mobile truck-mounted concrete placing
boom(1)Theclassofworkisoperatorofamobiletruck-mountedconcrete placing
boom with a knuckle boom capable of poweroperated slewing
and luffing.(2)TheunitofcompetencyfortheclassisCPCCLBM3001A:Licence to
operate a concrete placing boom.Page 326Reprint 2J effective 1 July
2011
Part
4Workplace Health and Safety Regulation
2008Schedule 5AForklift
operation23Forklift truck(1)The
class of work is operator of a forklift truck, other than apedestrian operated forklift truck.(2)The unit of competency for the class
is TLILIC108A: Licenceto operate a forklift truck.24Order picking forklift truck(1)Theclassofworkisoperatorofanorderpickingforklifttruck.(2)The unit of competency for the class
is TLILIC208A: Licenceto operate an order picking forklift
truck.Part 5Pressure
equipment operation25Turbine operator(1)The
class of work is operator of a turbine.(2)TheunitofcompetencyfortheclassisUEPOPL001A:Licence to
operate a turbine.(3)In subsection (1)—turbinemeans industrial equipment in which steam
acts on aturbine or rotor to cause a rotary motion,
but does not includea steam turbine and expansion turbine
with a power output ofless than 500kW.26Reciprocating steam engine operator(1)The class of work is operator of a
reciprocating steam enginewith a piston diameter of more than
250mm.Reprint 2J effective 1 July 2011Page
327
Workplace Health and Safety Regulation
2008Schedule 5A(2)TheunitofcompetencyfortheclassisUEPOPL002A:Licence to
operate a reciprocating steam engine.Page 328Reprint 2J effective 1 July
2011
Schedule 6Workplace Health
and Safety Regulation 2008Schedule 6Earthmoving or
particularcrane occupations and units ofcompetency for theoccupationssection 17 and
schedule 18, definitionsearthmoving or particularcrane occupationandunit
of competency1Bridge and gantry crane (remote
control only)(1)The occupation is operator of a bridge
and gantry crane, if—(a)the load being
lifted by remote control is more than 5t;and(b)the crane has the ability to perform 3
or less poweredoperations.Note—See also sections 18(7) and 25(6),
schedule 5, section 12 (Bridge andgantry crane
(open)), schedule 5A, section 12 (Bridge and gantry crane(open)) and schedule 7, part 2, item
1.(2)For subsection (1), each of the
following is a single poweredoperation—(a)raising and lowering a load;(b)moving the crane along runways;(c)traversingthehoistingmechanismacrossthebridgebeam;(d)rotating the hoisting
mechanism.(3)The unit of competency for the
occupation is Operate a bridgeor gantry crane
(remote operation only), in accredited course30496QLD—Course
in operating load shifting equipment.2Dozer(1)The
occupation is operator of a dozer.Reprint 2J
effective 1 July 2011Page 329
Workplace Health and Safety Regulation
2008Schedule 6(2)The
unit of competency for the occupation is Operate a dozer(wheeledandtracked),inaccreditedcourse30496QLD—Course in operating load shifting
equipment.3Excavator having an engine capacity of
more than 2L(1)The occupation is operator of an
excavator having an enginecapacity of more than 2L.(2)TheunitofcompetencyfortheoccupationisOperateanexcavator,inaccreditedcourse30496QLD—Courseinoperating load shifting equipment.4Front-end loader having an engine
capacity of more than2L(1)Theoccupationisoperatorofafront-endloaderhavinganengine capacity of more than 2L.(2)The unit of competency for the
occupation is Operate a frontendloader,inaccreditedcourse30496QLD—Courseinoperating load shifting equipment.5Front-end loader or backhoe having an
engine capacityof more than 2L(1)The
occupation is operator of a front-end loader or backhoehaving an engine capacity of more than
2L.(2)The unit of competency for the
occupation is Operate a frontend
loader/backhoe, in accredited course 30496QLD—Coursein
operating load shifting equipment.6Grader(1)The
occupation is operator of a grader.(2)TheunitofcompetencyfortheoccupationisOperateagrader, in accredited course 30496QLD—Course
in operatingload shifting equipment.Page 330Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 67Road
roller having an engine capacity of more than 2L(1)The occupation is operator of a road
roller having an enginecapacity of more than 2L.(2)The unit of competency for the
occupation is Operate a roller,inaccreditedcourse30496QLD—Courseinoperatingloadshifting equipment.8Skid
steer loader having an engine capacity of more than2L(1)Theoccupationisoperatorof a skid steer
loader having anengine capacity of more than 2L.(2)The unit of competency for the
occupation is Operate a frontendloaderskidsteertype,inaccreditedcourse30496QLD—Course in operating load shifting
equipment.9Scraper(1)The
occupation is operator of a scraper.(2)TheunitofcompetencyfortheoccupationisOperateascraper,inaccreditedcourse30496QLD—Courseinoperating load shifting equipment.Reprint 2J effective 1 July 2011Page
331
Workplace Health and Safety Regulation
2008Schedule 7Schedule 7Particular work encompassedin
licence classessection 128Part 1Work,
under another licenceclass, encompassed in alicence classColumn 1Column 2Licence
classWork, under another licence class,that
is encompassed in the licenceclass1basic rigger1work
of a dogger2intermediate rigger2work of a dogger or basicrigger3advanced rigger3work
of a dogger, basic riggeror intermediate rigger4intermediate scaffolder4work of a basic scaffolder5advanced scaffolder5work of a basic scaffolder orintermediate scaffolder6operatorofaslewingmobile6operator of—crane with a
capacity of 20t or(a)a non-slewing mobilelesscrane with a
capacity ofmore than 3t; or(b)a
vehicle loading cranewith a capacity of 10metre tonnes or morePage 332Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 7Column 1Column 2Licence
classWork, under another licence class,that
is encompassed in the licenceclass7operatorofaslewingmobile7operator of—crane with a
capacity of 60t or(a)a slewing mobile cranelesswith a capacity
of 20t orless; or(b)a
non-slewing mobilecrane with a capacity ofmore than 3t;
or(c)a vehicle loading cranewith
a capacity of 10metre tonnes or more8operatorofaslewingmobile8operator of—cranewithacapacityof100t(a)a
slewing mobile craneor lesswith a capacity
of 20t orless; or(b)a
slewing mobile cranewith a capacity of 60t orless; or(c)a
non-slewing mobilecrane with a capacity ofmore than 3t;
or(d)a vehicle loading cranewith
a capacity of 10metre tonnes or moreReprint 2J
effective 1 July 2011Page 333
Workplace Health and Safety Regulation
2008Schedule 7Column 1Column 2Licence
classWork, under another licence class,that
is encompassed in the licenceclass9operatorofaslewingmobile9operator of—crane with a
capacity of more(a)a slewing mobile cranethan
100twith a capacity of 20t orless; or(b)a
slewing mobile cranewith a capacity of 60t orless; or(c)a
slewing mobile cranewith a capacity of 100t orless; or(d)a
non-slewing mobilecrane with a capacity ofmore than 3t;
or(e)a vehicle loading cranewith
a capacity of 10metre tonnes or more10intermediate boiler operator10work of a basic boiler operator11advanced boiler operator11work of a basic boiler operatoror
intermediate boiler operatorPage 334Reprint 2J effective 1 July
2011
Part
2Workplace Health and Safety Regulation
2008Schedule 7Work, under
earthmoving orparticular crane workcertificate,
encompassed inlicence class operator of abridge and gantry craneColumn 1Column 2Licence
classWork, under an earthmoving orparticular crane work certificate, that
isencompassed in the licence class1operatorofabridgeand1operation of a bridge and
gantrygantry cranecrane,
if—(a)theloadbeingliftedbyremote control is more than5t;
and(b)thecranehas3orlesspowered
operations.Reprint 2J effective 1 July 2011Page
335
Workplace Health and Safety Regulation
2008Schedule 8Schedule 8Hazardous substances forwhich health
surveillance mustbe suppliedsection
207Column 1Hazardous
substanceColumn 2Health
surveillance4,4 Methylenebis (2-chloroaniline)demographic, medical and(MOCA)occupational historydipstick
analysis of urine forhaematuriahealth
adviceurinary total MOCAurine
cytologyacrylonitriledemographic,
medical andoccupational historyexposure
recordhealth advicephysical
examination if decided bythe designated doctor supervising
thehealth surveillanceasbestosdemographic, medical andoccupational
historyexposure recordhealth
advicephysical examination if decided bythe
designated doctor supervising thehealth
surveillancePage 336Reprint 2J
effective 1 July 2011
Column
1Hazardous substancebenzenecadmiumcreosoteWorkplace Health and Safety Regulation
2008Schedule 8Column 2Health surveillancebaseline blood
sample forhaematological profiledemographic,
medical andoccupational historyexposure
recordhealth advicedemographic,
medical andoccupational historyexposure
recordhealth advice including counsellingabout the effect of smoking oncadmium exposurephysical
examination with emphasison the respiratory systemstandard respiratory function testsincluding, for example, FEV1, FVCand FEV1/FVCstandard
respiratory questionnaire tobe
completedurinary cadmium andß2–microglobulindemographic,
medical andoccupational historyexposure record
includingphotosensitivityhealth advice
including recognitionof photosensitivity and skin
changesReprint 2J effective 1 July 2011Page
337
Workplace Health and Safety Regulation
2008Schedule 8Column 1Hazardous substancecrystalline
silicainorganic arsenicinorganic
chromiumPage 338Column 2Health surveillancephysical
examination with emphasison the neurological system and
skinnoting any abnormal lesions andevidence of skin sensitisationchest X-ray, full size Pa viewdemographic, medical andoccupational
historyexposure recordhealth
advicestandard respiratory function testincluding, for example, FEV1, FVCand FEV1/FVCstandard
respiratory questionnaire tobe
completeddemographic, medical andoccupational
historyexposure recordhealth
advicephysical examination with emphasison
the peripheral nervous system andskinurinary total arsenicdemographic,
medical andoccupational historyhealth
advicephysical examination with emphasison
the respiratory system and skinweekly skin
inspection of hands andforearms by a responsible
personReprint 2J effective 1 July
2011
Column
1Hazardous substanceinorganic
mercuryisocyanatesorganophosphate
pesticidesReprint 2J effective 1 July 2011Workplace Health and Safety Regulation
2008Schedule 8Column 2Health surveillancedemographic,
medical andoccupational historyhealth
advicephysical examination with emphasison
gastrointestinal systems,neurological, renal systems and
skinurinary inorganic mercurydemographic, medical andoccupational
historyhealth advicephysical
examination of respiratorysystem and skinstandard
respiratory function testsincluding, for example, FEV1, FVCand FEV1/FVCstandard
respiratory questionnaire tobe
completedbaseline examination of red cell andplasma cholinesterase activity levelsby
the Ellman methoddemographic, medical andoccupational
historyestimate of red cell and plasmacholinesterase activity towards theend
of a working day on whichorganophosphate pesticides havebeen
usedhealth advicephysical
examinationPage 339
Workplace Health and Safety Regulation
2008Schedule 8Column 1Hazardous substanceColumn 2Health surveillancepentachlorophenol
(PCP)polycyclic aromatic hydrocarbons(PAH)thalliumvinyl
chloridedemographic, medical andoccupational
historydipstick urinalysis for haematuriaand
proteinuriaexposure recordhealth
advicephysical examination with emphasison
skin noting any abnormal lesionsor effects of
irritancyurinary total pentachlorophenoldemographic, medical andoccupational
historyexposure including photosensitivityrecordhealth advice
including recognitionof photosensitivity and skin
changesphysical examination if decided bythe
designated doctor supervising thehealth
surveillancedemographic, medical andoccupational
historyhealth advicephysical
examination if decided bythe designated doctor supervising
thehealth surveillanceurinary
thalliumdemographic, medical andoccupational
historyexposure recordPage 340Reprint 2J effective 1 July
2011
Column
1Hazardous substanceWorkplace Health
and Safety Regulation 2008Schedule 8Column 2Health surveillancehealth
advicephysical examination if decided bythe
designated doctor supervising thehealth
surveillanceReprint 2J effective 1 July 2011Page
341
Workplace Health and Safety Regulation
2008Schedule 9Schedule 9Prohibited substances,prohibited ACM
and prohibitedpurposessection
1411Grunerite (or amosite) (brown)
asbestos, crocidolite,anthophyllite asbestos, tremolite
asbestos or actinoliteasbestos(1)Grunerite(oramosite)(brown)asbestos,crocidolite,anthophylliteasbestos,tremoliteasbestosandactinoliteasbestos are
prohibited substances.(2)Athingcontaininggrunerite(oramosite)(brown)asbestos,crocidolite,anthophylliteasbestos,tremoliteasbestosoractinolite asbestos is a prohibited
ACM.(3)TheprohibitedpurposefortheprohibitedsubstancesortheprohibitedACMisapurposeotherthananyofthefollowing—(a)analysis, research or sampling;(b)maintenance;(c)removal or disposal;(d)encapsulation or enclosure.2Chrysotile(1)Chrysotile is a prohibited substance.(2)Athing,otherthanaproductoritemexemptedunderthenationalmodelregulations,containingchrysotileisaprohibited ACM.(3)Theprohibitedpurposeforchrysotileisapurposeotherthan—(a)analysis, research or sampling; or(b)removal or disposal.Page
342Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 9(4)The
prohibited purpose for the prohibited ACM mentioned insubsection (2) is a purpose other than any
of the following—(a)analysis, research or sampling;(b)removal or disposal;(c)display of an artefact or other thing
that is, or forms partof, the prohibited ACM, or work to
prepare or maintainthe artefact or thing for display;Examples of an artefact or other thing for
paragraph (c)—•alocomotive,steamengineorvehicleinamuseumorhistorical display•an
artefact that is an ornament(d)use
of the prohibited ACM in the position where it wasinstalled immediately before 31 December
2003.Examples—•use brake shoes,containing
chrysotile, installed in a carbefore 31
December 2003•paint,orcutaholein,anasbestos-cementwallpanel,containing
chrysotile, installed before 31 December 2003(5)In
this section—national model regulationsmeans former NOHSC documententitled‘NationalModelRegulationsfortheControlofWorkplace Hazardous Substances
[NOHSC:1005]’, schedule2.Reprint 2J
effective 1 July 2011Page 343
Workplace Health and Safety Regulation
2008Schedule 10Schedule 10Lead
hazardous substancessection 221lead
acetatelead arsenateslead
arseniteslead azidelead
chromatelead cyanidelead
dioxidelead hexafluorosilicatelead
nitratelead perchloratelead
peroxidelead phosphatelead
phosphitelead styphnatelead
sulphatelead trinitroresorcinateother lead
compoundsPage 344Reprint 2J
effective 1 July 2011
Schedule 11Workplace Health
and Safety Regulation 2008Schedule 11Principalcontractors—particularamenities
forconstruction worksection
292Part 1Definition for
schedule 111DefinitionIn this
schedule—construction personmeans a relevant
person or worker whois performing construction
work.Part 2Toilets2Toilets(1)Theprincipalcontractorforconstructionworkmustensurethat
toilets complying with this part are reasonably availableto
each construction person.Examples of toilets that are
reasonably available—•toilets located
within the site compound boundary•toiletslocatedwithintheboundaryoftheworkplacewheretheconstruction work is being
performedMaximum penalty—20 penalty units.(2)Theremustbeatleast1toiletforeach15,orpartof15,construction persons.Examples—•For 1 to 15 construction persons,
there must be at least 1 toilet.Reprint 2J
effective 1 July 2011Page 345
Workplace Health and Safety Regulation
2008Schedule 11•For
20 construction persons, there must be at least 1 toilet for
thefirst 15 construction persons plus at least
1 toilet for the other 5,making a total of at least 2
toilets.(3)If the workplace includes at least 4
levels of a structure that isa building (not
counting ground level), a toilet is, for schedule18,definitionreasonablyavailable,paragraph(a),atalocationreasonablyconvenienttoeachconstructionpersononly
if there is at least 1 toilet on at least each of the
followinglevels of the building—(a)ground level;(b)the
fourth level (not counting ground level);(c)each
third level after that fourth level.Example—For a workplace that includes ground
level and levels 1 to 10 of astructure that is
a building, there must be at least 1 toilet on ground level,level
4, level 7 and level 10.(4)Subsection (3)
does not limit subsection (2).3When
toilet must be connected toilet or portable toilet(1)If there are less than 15 construction
persons, the toilet mustbe a connected toilet or a portable
toilet.Editor’s note—ForrequirementsaboutparticularchemicaltoiletsseetheEnvironmentalProtection(WasteManagement)Regulation2000,section 67.(2)If
there are at least 15 construction persons, each toilet mustbe—(a)ifasewerageorsepticconnectionisavailable—aconnected
toilet; or(b)otherwise—a portable toilet.(3)However, if—(a)a
portable toilet is made available under subsection (1);and(b)a sewerage or
septic connection becomes available;Page 346Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 11theportabletoiletmustbereplacedbyaconnectedtoiletcomplying with this part within 2 weeks
after the first timethatthereareatleast15constructionpersonsaftertheconnection becomes available.(4)Despite subsection (2)(b), if—(a)aportabletoiletismadeavailableundersubsection(2)(b);
and(b)a sewerage or septic connection
becomes available;theportabletoiletmustbereplacedbyaconnectedtoiletcomplying with this part within 2 weeks
after the connectionbecomes available.(5)In
this section—connected toiletmeans a toilet
that—(a)is connected to a sewerage or septic
system; or(b)is a pump-out holding tank storage
type system.portable toiletmeans a toilet
that can be moved, and providesfor tanked
waste.4Privacy, ventilation and toilet
paper(1)Each toilet must be located—(a)in a position that gives privacy;
and(b)in a cubicle, or room, that—(i)isfittedwithadoorthatgivesprivacyandislockable from
inside the cubicle or room; and(ii)is
constantly supplied with fresh air from openingsto
the outside air or from mechanical ventilation.(2)Eachtoiletmadeavailabletoafemaleconstructionpersonmust—(a)have
facilities to dispose of sanitary items for females;and(b)be separated
from urinals so that no urinal can be seenby her.Reprint 2J effective 1 July 2011Page
347
Workplace Health and Safety Regulation
2008Schedule 11Examples—•locating a toilet
for females in a separate room from urinals•putting a screen between urinals and a
toilet for females(3)Each toilet may be a unisex
toilet.(4)Each toilet must have an adequate
supply of toilet paper.Part 3Other
amenities5Room, or sheltered area, to eat meals
in(1)Theprincipalcontractorforconstructionworkmustensurethat
a room, or sheltered area, to eat meals and take breaks inis
reasonably available to each construction person.Maximum penalty—20 penalty units.(2)The room or sheltered area
must—(a)behygienicandseparatedfromworkactivitythatexposes or is
likely to expose a construction person to ahealth or safety
risk; and(b)if there are at least 15 construction
persons—(i)have adequate space and seating for
the maximumnumberofconstructionpersonslikelytousetheroom or
sheltered area at the one time; and(ii)have
appropriate facilities for washing and storingutensils,
boiling water, and storing food in a coolplace.6Hands and face washing
facilities(1)Theprincipalcontractorforconstructionworkmustensurethefollowingfacilitiesarereasonablyavailabletoeachconstruction
person—(a)adequate clean water for washing the
hands and face;Page 348Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Schedule 11(b)an
appropriate facility for supplying the water.Examples of an
appropriate facility—•a hose at a
housing construction site•a water container
with a tap at a road construction site•a
washbasin included with a portable toilet or connectedtoilet at a high rise building construction
siteMaximum penalty—20 penalty units.(2)However, the facilities must not be
unisex facilities that arelocated inside a toilet block, room or
cubicle (toilets), unlessthe
toilets are unisex toilets.7Drinking
water(1)Theprincipalcontractorforconstructionworkmustensurethat
an adequate supply of potable, clean and cool drinkingwater is reasonably available to each
construction person.Examples of a supply of water that,
for schedule 18, definitionreasonablyavailable,paragraph(a),isatalocationreasonablyconvenienttotheconstruction person—•a supply located
within 30m of where the construction person isworking on a
single level building•a supply located
on the ground level and then every second level ofa
high rise building being builtMaximum
penalty—20 penalty units.(2)The supply of
water must not be located in toilets.Example of
toilets—a toilet block or a cubicle used as a
toilet(3)If the water is made available in a
container, the constructionperson must be
able to drink the water without having to drinkdirectly from
the same container as someone else.(4)This
section does not prevent the supply of water also beingmade
available under section 6 for hands and face washing.Reprint 2J effective 1 July 2011Page
349
Workplace Health and Safety Regulation
2008Schedule 12Schedule 12Relevant persons who areemployers—particularamenities for
rural industryworksection
344Part 1Toilets for
workers and relevantperson1Toilets(1)A
relevant person who is an employer must ensure that, to thegreatest practicable extent, toilets
complying with this sectionarereasonablyavailabletoeachworkpersonwhoisataworkplace and performing work in a rural
industry.Maximum penalty—20 penalty units.(2)Toiletslocatedwithinareasonabledistanceoftheworkperson,usingappropriatetransport,are,forschedule18,definitionreasonablyavailable,paragraph(a),atalocationreasonably convenient to the work
person.(3)There must be at least 1 toilet for
each 15, or part of 15, workpersons who are
at the workplace and performing work in arural
industry.Examples—•For 1 to 15 work persons, there must
be at least 1 toilet.•For 20 work
persons, there must be at least 1 toilet for the first 15work
persons plus at least 1 toilet for the other 5, making a total
ofat least 2 toilets.(4)Each
toilet made available to a female work person must havefacilities to dispose of sanitary items for
females.(5)Each toilet may be a unisex
toilet.(6)Each toilet must have an adequate
supply of toilet paper.Page 350Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Schedule 12(7)In
this section—workpersonmeanstherelevantpersonoraworkeroftherelevant
person.Part 2Other amenities
for workers2Application of pt 2This
part applies if a worker of a relevant person is performingwork
in a rural industry at a workplace.3Sheltered area to eat meals in(1)The relevant person must ensure that a
sheltered area to eatmeals and take breaks in is reasonably
available to the worker.Examples—•a caravan•a
tent attached to a vehicle•a tractor cabin
or harvester cabinMaximum penalty—20 penalty units.(2)The sheltered area must be separated
from work activity thatexposes or is likely to expose the
worker to a health or safetyrisk.4Hands washing facilitiesThe
relevant person must ensure the following are reasonablyavailable to the worker—(a)adequatecleanwater,andsoaporanothersuitablecleansing agent, for washing the worker’s
hands;(b)facilities to dry the worker’s
hands.Reprint 2J effective 1 July 2011Page
351
Workplace Health and Safety Regulation
2008Schedule 12Example—hand towels, paper towels or a
mechanical hands dryerMaximum penalty—20 penalty
units.5Drinking water(1)The
relevant person must ensure that an adequate supply ofpotable,cleandrinkingwaterisreasonablyavailabletotheworker.Maximum penalty—20 penalty units.(2)The supply of water must not be
located in toilets.Example of toilets—a
toilet block or a cubicle used as a toilet(3)The
water must not be at more than 15ºC.(4)If
the water is made available in a container, the worker mustbeabletodrinkthewaterwithouthavingtodrinkdirectlyfrom
the same container as someone else.(5)This
section does not prevent the supply of water also beingmade
available under section 4 for hands washing.Page 352Reprint 2J effective 1 July
2011
Schedule 13Workplace Health
and Safety Regulation 2008Schedule 13Relevant persons
who areemployers—particularamenities for
work that is notconstruction work or ruralindustry worksection
345Part 1Application of
schedule 131Application of sch 13Thisscheduleappliesifaworkerofarelevantpersonisperforming work that is not
construction work or work in arural
industry.Part 2Explanation of
applied BCAprovisions or applied QDCprovisions used for part 3 orschedule 142Definitions for pt 2In this
part—applied BCA provisionsee section
3(4).applied QDC provisionsee section
3(4).BCAmeans the edition of the Building Code
of Australia ascurrent on 1 May 2004.Editor’s
note—TheBuildingCodeofAustraliaisapublicationoftheAustralianBuilding Codes
Board and the Board has consented to the use of theReprint 2J effective 1 July 2011Page
353
Workplace Health and Safety Regulation
2008Schedule 13code. The logo of
the Australian Building Codes Board appears at theendofschedule15.Also,thewebaddressfortheBoardis<www.abcb.gov.au>.Building Code of
Australiasee theBuilding Act
1975, section12.QDCmeans the Queensland Development Code
as current on23 August 2002.QueenslandDevelopmentCodeseetheBuildingAct1975,section 13.3Purpose of applied BCA or applied QDC
provisions(1)The BCA and QDC contain requirements,
in relation to thedesign and construction of buildings,
about—(a)amenities that a building must be
provided with; and(b)requirements, for example, about
ventilation or lighting,for a building.(2)Underparticularprovisionsofpart3,theamenitythattherelevant person has a duty to make
reasonably available to aworker while the worker is doing
particular work is the same,withsomemodification,asaparticularamenityrequiredunder the BCA or
QDC.Editor’s note—The
provisions are sections 10 (Toilets, and hands and face
washingfacilities), 16 (Dining facilities) and 20
(Dressing room facilities) andthe example in
section 22(1) (Drinking water).(3)Under particular provisions of schedule 14,
the requirementsfor a building that the relevant person has
a duty to ensure arecomplied with while the worker is
doing particular work arethe same, with some modification, as
particular requirementsfor a building, under the BCA or
QDC.Editor’s note—The
provisions are schedule 14, sections 2 (Ventilation), 4
(Lighting)and 5 (Floor area and air space).(4)For the purpose of stating those
duties, BCA or modified BCAprovisions(appliedBCAprovisions)ormodifiedQDCprovisions (applied QDC
provisions) are—Page 354Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 13(a)applied under part 3 or schedule 14;
and(b)set out in schedule 15 or 16.4Changes to the text of BCA or QDC in
modified provision(1)In the modified BCA or QDC provisions,
changes to the textof the BCA or QDC are in italics and, for
this purpose, italicsorunderlininginthetextoftheBCAorQDCarenotreproduced.(2)Each
modified BCA or QDC provision with a number keepsthe
same number as the BCA or QDC provision it modifies.5Interpretation of applied BCA or
applied QDC provisions(1)ItisintendedthattheappliedBCAprovisionsandappliedQDC provisions
form part of a self-contained scheme all ofwhich is set out
in this regulation.(2)So, the BCA or QDC must not be
referred to for the purposeofinterpretinganappliedBCAprovisionorappliedQDCprovision, and those provisions must be
interpreted as if theywere ordinary provisions of this
regulation.Notes—1Schedule 15, part 3, section A1.1
contains definitions for appliedBCA
provisions.2Schedule16,part2,sectionheaded‘Definitions’containsdefinitions for applied QDC
provisions.3Building, and other
particular words relevant to the applied BCA orapplied QDC
provisions, are defined in schedule 18.4The
Act, and theActs Interpretation Act 1954,
also define particularwords relevant to the applied BCA or
applied QDC provisions.(3)However, the
following definitions in schedule 3 of the Act donot
apply in relation to an applied BCA provision or appliedQDC
provision—(a)board;(b)lift;(c)occupier;Reprint 2J effective 1 July 2011Page
355
Workplace Health and Safety Regulation
2008Schedule 13(d)owner;(e)place;(f)plant;(g)vehicle.(4)Also, the definitionAuthorityin schedule 18
does not apply inrelationtoanappliedBCAprovisionorappliedQDCprovision.(5)InanappliedBCAprovisionorappliedQDCprovisionrelating to an
amenity, a reference to workers is a reference tothe
relevant person’s workers to whom the amenity must beavailable under part 3.Part 3If
worker is at workplace wherenon-class 10
building isprovided for workers to occupyDivision 1Application of
part 36Application of pt 3This
part applies if—(a)arelevantpersonwhoisanemployerprovidesabuildingataworkplacefortheworkeroranyotherworkeroftherelevantpersontooccupywhenperforming work that is not construction
work or workin a rural industry; and(b)the
building is not a class 10 building; and(c)theworkerisattheworkplace,whetherornottheworkerorotherworkerisactuallyoccupyingthebuilding.Examples of a
building provided for the worker to occupy—•an office buildingPage 356Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 13•a
building that is a walled or partly walled shed and used asa
workshop•a building, at a workplace that
includes an outside storageyard, provided for the worker to
occupy when not workingin the yardExample of a
building not provided for the worker to occupy—a
building that the worker is in temporarily to repair
equipmentDivision 2Toilets, and
hands and facewashing facilitiesSubdivision
1If the building is a class 1b
buildingor relevant person’s domesticpremises7Toilets(1)If
the building provided by the relevant person is a class 1bbuildingortherelevantperson’sdomesticpremises,therelevant person must ensure that
toilets complying with thissection are
reasonably available to the worker.Maximum
penalty—20 penalty units.(2)Eachtoiletmustbeadequateinallthecircumstances,including the
following—(a)the size and location of the
workplace;(b)the number of the relevant person’s
workers to whom atoilet must be made available under
subsection (1).Example—The
number of the workers may require more than 1 toilet to bemade
available.(3)Each toilet must be in a cubicle, or
room, that gives privacy.(4)Iftheworkerisfemale,eachtoiletmadeavailabletohermust—Reprint 2J
effective 1 July 2011Page 357
Workplace Health and Safety Regulation
2008Schedule 13(a)have
facilities to dispose of sanitary items for females;and(b)be separated
from urinals so that no urinal can be seenby her.Examples—•locating a toilet for females in a
separate room from urinals•putting a screen
between urinals and a toilet for females(5)Each
toilet may be a unisex toilet.(6)Each
toilet must have an adequate supply of toilet paper.8Hands and face washing
facilitiesTherelevantpersonmustensure
thefollowingfacilitiesarereasonably available to the worker—(a)adequatecleanwater,andsoaporanothersuitablecleansingagent,forwashingtheworker’shandsandface;(b)facilities to dry the worker’s hands.Example—hand
towels, paper towels or a mechanical hands dryerMaximum penalty—20 penalty units.Subdivision 2If the building
is a particular class ofbuilding and not relevant
person’sdomestic premises9Application of sdiv 2(1)This
subdivision applies if the building provided by a relevantpersonwhoisanemployerisnottherelevantperson’sdomestic premises and is—(a)a class 3, 5, 6 or 9 building that is
not part of a school; or(b)a class 7 or 8
building; orPage 358Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Schedule 13(c)a
class 9b building that is part of a school.(2)In
this section—schoolsee schedule 15,
part 3, section A1.1.10Toilets, and
hands and face washing facilities(1)The
relevant person must ensure that toilets complying withthis
subdivision are reasonably available to the worker.Maximum penalty—20 penalty units.(2)The relevant person must ensure that
hands and face washingfacilitiescomplyingwiththissubdivisionarereasonablyavailable to the
worker.Maximum penalty—20 penalty units.11Performance requirements to be
complied with(1)Schedule 15, part 1, division 1 sets
out the following appliedBCA provisions—(a)FP2.1,whichisaperformancerequirementfortoiletsand hands and
face washing facilities;(b)FP2.5, which is
a performance requirement for toilets.(2)Part2explainsthepurposeandinterpretationof,andmodification of the BCA for, applied
BCA provisions used forthis part.(3)Toiletsmustcomplywiththefollowingperformancerequirements in
the way stated in section 12—(a)FP2.1, in so far as it relates to
toilets;(b)FP2.5.(4)Handsandfacewashingfacilitiesmustcomplywithperformance requirement FP2.1, in so far as
it relates to thosefacilities, in the way stated in section
12.Reprint 2J effective 1 July 2011Page
359
Workplace Health and Safety Regulation
2008Schedule 1312How
to comply with performance requirements(1)This
section states the way to comply with the performancerequirements.(2)The
applied BCA provision that is section A0.5 (Meeting thePerformance Requirements) in schedule 15,
part 1, division 2,applies to the performance
requirements.(3)Section A0.5 allows the relevant
person to comply with theperformance requirements in different
ways.(4)However, the relevant person may use
an alternative solutionundersectionA0.5,tocomplywithpartoralloftheperformancerequirements,onlyifthechiefexecutivehasgiven the relevant person approval under
section 27(1) to usethe alternative solution in the
particular case.Note—See section 26
for how to apply for the approval.(5)The
following applied BCA provisions, to the extent they arerelevanttocomplyingwiththewaychosenbytherelevantperson, must be applied to the performance
requirements—(a)the remaining provisions of schedule
15, part 1, division2;(b)the
provisions in schedule 15, part 3.(6)However, each toilet, or hands and face
washing facility neednot be part of a building.13Location of toiletIfthetoiletisnotinthebuildingprovidedbytherelevantperson,thetoiletis,forschedule18,definitionreasonablyavailable,
paragraph (a), at a location reasonably convenientto
the worker only if the toilet is—(a)withintheboundaryoftheworkplacecontainingthebuilding provided by the relevant person;
andExample—A
toilet for a worker who is a school teacher must be within
theschool grounds.Page 360Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 13(b)not
more than 100m from the workplace if the buildingwas
built after 31 December 1991.14Toilet paper and disposal of female sanitary
items(1)If the worker is female, each toilet
made available to her musthave facilities to dispose of sanitary
items for females.(2)Each toilet must have an adequate
supply of toilet paper.15Hands and face
washing facilities to include soap, waterand hands drying
facilitiesHands and face washing facilities must
include—(a)adequatecleanwater,andsoaporanothersuitablecleansing agent, for washing the worker’s
hands; and(b)facilities to dry the worker’s
hands.Example—hand
towels, paper towels or a mechanical hands dryerDivision 3Dining
facilities16Dining facilities(1)Therelevantpersonmustensurethatdiningfacilitiescomplying with
this division are reasonably available to theworker,
including for the purpose of taking breaks.Maximum
penalty—20 penalty units.(2)However, a
dining room or dining area made available for thisdivision is taken not to be reasonably
available to the workerwhile it is being used for a purpose
that significantly interfereswith the use of
the dining room or dining area for dining ortaking breaks
in.Reprint 2J effective 1 July 2011Page
361
Workplace Health and Safety Regulation
2008Schedule 1317Performance criteria to be complied
with(1)Schedule 16, part 1, division 1 sets
out the following appliedQDC provisions—(a)performance criteria for dining
facilities;(b)acceptable solutions for the
performance criteria.(2)Part2explainsthepurposeandinterpretationof,andmodificationoftheQDCfor,appliedQDCprovisionsusedfor
this part.(3)Dining facilities must comply with the
performance criteria inthe way stated in section 18.18How to comply with performance
criteria mentioned inthis part or sch 14(1)This section states how to comply with
performance criteriamentioned in this part or schedule 14,
section 4 or 5.(2)TheappliedQDCprovisioninschedule16,part2,headed‘Satisfyingtheperformancecriteria’appliestotheperformance criteria.(3)That provision allows the relevant
person to comply with theperformance criteria in different
ways.(4)However, the relevant person may use
an alternative solutionunderthatprovision,tocomplywithpartoralloftheperformance criteria, only if the chief
executive has given therelevantpersonapprovalundersection27(1)tousethealternative solution in the particular
case.Note—See section 26
for how to apply for the approval.(5)The
following applied QDC provisions, to the extent they arerelevanttocomplyingwiththewaychosenbytherelevantperson, must be applied to the performance
criteria—(a)the acceptable solutions for the
performance criteria;(b)the section
headed ‘Definitions’ in schedule 16, part 2.(6)To
remove any doubt, it is declared that—Page 362Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 13(a)anamenityisrequired,underaperformancecriteriamentionedinthispart,onlyinthecircumstancesmentionedintheperformancecriteria,whetherornottheacceptablesolutionsfortheperformancecriteriamention those circumstances; and(b)adiningroomordiningarearequiredunderthispartmust
be part of building.(7)A dressing room
required under this part need not be part of abuilding.19If worker is able to eat in work
area(1)This section applies if the nature of
work performed by theworker allows the worker to eat in the
worker’s work area.(2)Sections17and18donotapplyanddiningfacilitiesmustconsist of the following—(a)a sink with a draining board and
reticulated hot and coldwater;(b)cupboards for the storage of foodstuffs,
free of dust andvermin;(c)a
chair or stool with back support;(d)a
refrigerator of adequate capacity for the number of therelevant person’s workers to whom dining
facilities mustbe available under this section.Division 4Dressing room
facilities20Dressing room facilitiesThe
relevant person must ensure that dressing room facilitiescomplying with this division are reasonably
available to theworker.Maximum
penalty—20 penalty units.Reprint 2J effective 1 July 2011Page
363
Workplace Health and Safety Regulation
2008Schedule 1321Performance criteria to be complied
with(1)Schedule 16, part 1, division 2 sets
out the following appliedQDC provisions—(a)performance criteria for dressing room
facilities;(b)acceptable solutions for the
performance criteria.(2)Part2explainsthepurposeandinterpretationof,andmodificationoftheQDCfor,appliedQDCprovisionsusedfor
this part.(3)Dressing room facilities must comply
with the performancecriteria in the way stated in section
18.Division 5Drinking
water22Drinking water(1)The
relevant person must ensure that an adequate supply ofpotable, clean and cool drinking water is
reasonably availableto the worker.Example—complying, in the way stated in
section 18, with the performance criteriafor drinking
water set out in schedule 16, part 1, division 3Maximum penalty—20 penalty units.(2)The supply of water must not be
located in toilets.Example of toilets—a
toilet block or a cubicle used as a toilet(3)If
the water is made available in a container, the worker mustbeabletodrinkthewaterwithouthavingtodrinkdirectlyfrom
the same container as someone else.(4)This
section does not prevent the supply of water also beingmade
available under section 24 for hands and face washing.Page
364Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 1323Performance criteria that may be complied
with(1)Schedule 16, part 1, division 3 sets
out the following appliedQDC provisions—(a)performance criteria for drinking
water;(b)acceptable solutions for the
performance criteria.(2)Part2explainsthepurposeandinterpretationof,andmodificationoftheQDCfor,appliedQDCprovisionsusedfor
this part.Division 6Other
amenities24Hands and face washing
facilitiesTherelevantpersonmustensure
thefollowingfacilitiesarereasonably available to the worker—(a)adequatecleanwater,andsoaporanothersuitablecleansingagent,forwashingtheworker’shandsandface;(b)facilities to dry the worker’s hands.Example—hand
towels, paper towels or a mechanical hands dryerMaximum penalty—20 penalty units.25Showers(1)This
section applies if the worker is performing work likely toexpose the worker to a health or safety risk
if the worker cannot shower at, or before, the end of the
worker’s shift.(2)Therelevantpersonmustensureashowerisreasonablyavailable to the
worker to prevent the risk.Maximum
penalty—20 penalty units.(3)The shower may
be a unisex shower only if—Reprint 2J
effective 1 July 2011Page 365
Workplace Health and Safety Regulation
2008Schedule 13(a)itisavailabletonotmorethan10oftherelevantperson’s workers to whom a shower must be
availableunder subsection (2); and(b)it is lockable from inside the shower;
and(c)it gives privacy.Division 7Approval to use alternative solutionto
performance requirement orperformance criteria26Application for approval to use
alternative solution(1)A relevant
person may apply to the chief executive in writingfor
approval—(a)touseanalternativesolutionundersectionA0.5inschedule 15, part 1, division 2 to comply
with part or allofaperformancerequirementmentionedinsection11(1) or
schedule 14, section 2(1) in a particular case; or(b)touseanalternativesolutionundertheprovisioninschedule 16, part 2 headed ‘Satisfying the
performancecriteria’tocomplywithpartorallofaperformancecriteria
mentioned in section 17(1), 21(1) or 23(1) in aparticular
case.(2)Thechiefexecutivemaygivetheapprovalifthechiefexecutive is
satisfied that the alternative solution provides atleast the same level of health protection as
is provided by—(a)theperformancerequirementorthepartoftheperformance requirement; or(b)the performance criteria or the part
of the performancecriteria.(3)The
chief executive may require the applicant to give the chiefexecutiveanyfurtherinformationthechiefexecutivereasonably requires to decide the
application.Page 366Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Schedule 13(4)Arequirementundersubsection(3)maystateareasonableperiod,ofatleast28days,bywhichthestatedfurtherinformation must be given to the chief
executive.27Decision on application(1)Ifthechiefexecutivedecidestogranttheapplication,thechief executive must issue the approval to
the applicant.(2)Ifthechiefexecutivedecidestorefusetheapplication,thechief executive must give written notice to
the applicant aboutthe decision within 10 days after making the
decision.(3)The notice must state—(a)the reasons for the refusal;
and(b)thatthepersonmayappealagainstthedecisionunderpart
11 of the Act.Part 4If worker is not
at workplacewhere non-class 10 building isprovided for workers to occupy28Application of pt 4(1)This part applies if the worker is not
at a workplace where therelevant person provides a building
for the worker or any otherworkeroftherelevantpersontooccupywhenperformingwork that is not
construction work or work in a rural industry.Note—Seetheexamplesinsection6(c),whicharealsorelevanttothissubsection.(2)In
this section—buildingdoes not include
a class 10 building.Reprint 2J effective 1 July 2011Page
367
Workplace Health and Safety Regulation
2008Schedule 1329Toilets(1)Therelevantpersonmustensurethat,tothegreatestpracticableextent,toiletscomplyingwiththissectionarereasonably available to the worker.Maximum penalty—20 penalty units.(2)Toiletslocatedwithinareasonabledistanceoftheworker,usingappropriatetransport,are,forschedule18,definitionreasonably
available, paragraph (a), at a location
reasonablyconvenient to the worker.(3)There must be at least 1 toilet for
each 15, or part of 15, of therelevant
person’s workers to whom a toilet must be availableunder subsection (1).Examples—•For 1 to 15
workers, there must be at least 1 toilet.•For20workers,theremustbeatleast1toiletforthefirst15workers plus at least 1 toilet for the other
5, making a total of atleast 2 toilets.(4)If
the worker is female, each toilet made available to her musthave
facilities to dispose of sanitary items for females.(5)Each toilet may be a unisex
toilet.(6)Each toilet must have an adequate
supply of toilet paper.30Sheltered area to
eat meals in(1)The relevant person must ensure that a
sheltered area to eatmeals and take breaks in is reasonably
available to the worker.Examples—•a caravan•a
tent attached to a vehicleMaximum penalty—20 penalty
units.(2)A sheltered area located within a
reasonable distance of theworker,usingappropriatetransport,is,forschedule18,definitionreasonablyavailable,paragraph(a),atalocationreasonably convenient to the worker.Page
368Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 13(3)The
sheltered area must be hygienic and separated from workactivitythatexposesorislikelytoexposetheworkertoahealth or safety risk.31Drinking water(1)The
relevant person must ensure that an adequate supply ofpotable, clean and cool drinking water is
reasonably availableto the worker.Maximum
penalty—20 penalty units.(2)The supply of
water must not be located in toilets.Example of
toilets—a toilet block or a cubicle used as a
toilet(3)If the water is made available in a
container, the worker mustbeabletodrinkthewaterwithouthavingtodrinkdirectlyfrom
the same container as someone else.(4)This
section does not prevent the supply of water also beingmade
available under section 32 for hands washing.32Hands
washing facilitiesTherelevantpersonmustensure
thefollowingfacilitiesarereasonably available to the worker—(a)adequatecleanwater,andsoaporanothersuitablecleansing agent, for washing the worker’s
hands;(b)facilities to dry the worker’s
hands.Example—hand
towels, paper towels or a mechanical hands dryerMaximum penalty—20 penalty units.33Showers(1)This
section applies if the worker is performing work likely toexpose the worker to a health or safety risk
if the worker cannot shower at, or before, the end of the
worker’s shift.Reprint 2J effective 1 July 2011Page
369
Workplace Health and Safety Regulation
2008Schedule 13(2)Therelevantpersonmustensureashowerisreasonablyavailable to the
worker to prevent the risk.Maximum
penalty—20 penalty units.(3)The shower may
be a unisex shower only if—(a)itisavailabletonotmorethan10oftherelevantperson’s workers to whom a shower must be
availableunder subsection (2); and(b)it is lockable from inside the shower;
and(c)it gives privacy.Page 370Reprint 2J effective 1 July
2011
Schedule 14Workplace Health
and Safety Regulation 2008Schedule 14Relevant persons
who areemployers—requirements forbuilding provided for worker tooccupy when performingparticular
worksection 347Part 1Application of schedule 141Application of sch 14This
schedule applies if—(a)a worker is at a
workplace and performing work that isnot construction
work or work in a rural industry; and(b)arelevantpersonwhoisanemployeroftheworkerprovides a
building at the workplace for the worker tooccupy when
performing work that is not constructionwork or work in
a rural industry.Note—See the examples
in schedule 13, section 6(c), which are also relevant tothis
section.Part 2Ventilation2Ventilation(1)Schedule15,part2,division1setsouttheappliedBCAprovisions that are performance requirements
for ventilation.(2)Schedule 13, part 2 explains the
purpose and interpretation of,andmodificationoftheBCAfor,appliedBCAprovisionsused for this
schedule.Reprint 2J effective 1 July 2011Page
371
Workplace Health and Safety Regulation
2008Schedule 14(3)The
relevant person must ensure that the building—(a)complies with the performance requirements
in the waystated in section 3; or(b)is
ventilated in a way that provides ventilation at leastequivalenttotheventilationrequiredunderparagraph(a).Maximum
penalty—20 penalty units.3How to comply
with performance requirements(1)Thissectionstateshowtocomplywiththeperformancerequirements.(2)The
applied BCA provision that is section A0.5 (Meeting thePerformance Requirements) in schedule 15,
part 1, division 2,applies to the performance
requirements.(3)Section A0.5 allows the relevant
person to comply with theperformance requirement in different
ways.(4)However, the relevant person may use
an alternative solutionundersectionA0.5,tocomplywithpartoralloftheperformancerequirements,onlyifthechiefexecutivehasgiven the relevant person approval under
schedule 13, section27(1) to use the alternative solution
in the particular case.Note—See
schedule 13, section 26 for how to apply for the approval.(5)The following applied BCA provisions,
to the extent they arerelevanttocomplyingwiththewaychosenbytherelevantperson, must be applied to the performance
requirement—(a)the remaining provisions of schedule
15, part 1, division2;(b)the
provisions in schedule 15, part 3.Page 372Reprint 2J effective 1 July
2011
Part
3Workplace Health and Safety Regulation
2008Schedule 14Lighting4Lighting(1)Schedule 16, part 1, division 4 sets out the
following appliedQDC provisions—(a)performance criteria for lighting;(b)acceptable solutions for the
performance criteria.(2)Schedule 13,
part 2 explains the purpose and interpretation of,andmodificationoftheQDCfor,appliedQDCprovisionsused for this
schedule.(3)The relevant person must ensure
that—(a)the building complies with the
performance requirementin the way stated in schedule 13,
section 18; or(b)the building is lit by lighting at
least equivalent to thelighting required under paragraph
(a).Maximum penalty—20 penalty units.Part
4Floor area and air space5Floor
area and air space(1)Schedule 16, part 1, division 5 sets
out the following appliedQDC provisions—(a)performance criteria for floor area and air
space;(b)acceptable solutions for the
performance criteria.(2)Schedule 13,
part 2 explains the purpose and interpretation of,andmodificationoftheQDCfor,appliedQDCprovisionsused for this
schedule.Reprint 2J effective 1 July 2011Page
373
Workplace Health and Safety Regulation
2008Schedule 14(3)Therelevantpersonmustensurethatthebuildingcomplieswith
the performance criteria in the way stated in schedule 13,section 18.Maximum
penalty—20 penalty units.Page 374Reprint 2J
effective 1 July 2011
Schedule 15Workplace Health
and Safety Regulation 2008Schedule 15Applied BCA
provisionsschedule 13, section 3(4)(b)Part
1Toilets, and hands and facewashing facilitiesDivision 1Performance requirementsFP2.1(1)Suitable sanitary facilities for
personal hygiene, consisting oftoilets,andhandsandfacewashingfacilities,thatareappropriatetothefollowing,mustbemadereasonablyavailable—(a)for hands and
face washing facilities—the nature of thework the worker
is performing;Examples—•for
an office worker—a washbasin•for
a worker performing greasy work in a workshop—a tub(b)the number and gender of theworkers;(c)(omitted)(2)In
this section—handsandfacewashingfacilitiesmeansanappropriatefacility for
supplying water for washing the hands and face.FP2.5A
sanitary compartment must be constructed with sufficientspace or other means to permit an
unconsciousworkerto beremoved from the compartment.Reprint 2J effective 1 July 2011Page
375
Workplace Health and Safety Regulation
2008Schedule 15Division 2Particular provisions for complyingwith
performance requirementsNote—See
also part 3 (Further provisions for complying with
performancerequirements—definitions, classification of
buildings and adoption ofstandards).A0.5Meeting the Performance RequirementsCompliance with the Performance Requirements
can only beachieved by—(a)complying with the Deemed-to-Satisfy
Provisions; or(b)formulating an Alternative Solution
which—(i)complies with the Performance
Requirements; or(ii)isshowntobeatleastequivalenttotheDeemed-to-Satisfy Provisions;
or(c)a combination of (a) and (b).F2.0Deemed-to-Satisfy Provisions(a)Where a Building Solution is proposed
to comply withtheDeemed-to-SatisfyProvisions,PerformanceRequirementsFP2.1andFP2.5aresatisfiedbycomplying with F2.3, including
table F2.3, and F2.5.(b)(omitted)F2.3Facilities in Class 3or 5to 9
buildings(a)Sanitary facilities must be provided
for Class 3, 5, 6, 7,8 and 9 buildings in accordance with
Table F2.3.(b)(omitted)Page 376Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 15Table F2.3
SANITARY FACILITIES IN CLASS 3, 5, 6, 7, 8 AND 9BUILDINGSClass of
buildingUserMaximumNumber Served By—Closetpan(s)UrinalsWashbasin(s)12Each12Each12EachExtraExtraExtra3, 5,
6or9that is
notWorkerspart of a
schoolMales204020255050306030Females1530153060307or8WorkersMales204020255050204020Females153015204020(omitted)9bthatispartofaWorkersschoolMales204020204530306030Females52015306030(omitted)Notes—1.
Workers—a referencein this table, including in these
notes,toworkersincludesa
reference to the employer if the employer is at the
workplace.2. Urinals—a urinal need not be provided if
the number ofmale workersisless
than 10.3. Unisex facility—instead of separate
facilities for each sex, if not morethan 10 persons
areworkers, a unisex
facilitycomprising 1 closet pan in acubicle, or room, fitted with a door that
gives privacy and is lockable frominside the
cubicle or room, and 1 washbasinmay be
provided.Reprint 2J effective 1 July 2011Page
377
Workplace Health and Safety Regulation
2008Schedule 154. Combined
facilities—if the majority ofworkersare
of one sex, not morethan 2workersof
the other sex may share toilet facilities if—(a)(omitted)(b)thefacilitiesareseparatedbymeansofwalls,partitionsanddoors,lockable from inside the facility,to
afford privacy.5.Useofpublicfacilities—sanitaryfacilitiesforworkersneednotbeseparate from
those required for public use in a Class 6 or 9b buildingthatis not part
ofa school or early childhood centre.6.(omitted)7.(omitted)F2.5Construction of sanitary compartments(a)Otherthaninanearlychildhoodcentre,sanitarycompartmentsmusthavedoorsandpartitionsthatseparate adjacent compartments and
extend—(i)fromfloorleveltotheceilinginthecaseofaunisex facilitymentioned in
table F2.3, note 3; or(ii)(omitted)(iii)1.8m
above the floor in all other cases.(b)Thedoortoafullyenclosedsanitarycompartmentmust—(i)open outwards; or(ii)slide; or(iii)bereadilyremovablefromtheoutsideofthesanitary compartment;unless there is a clear space of at least
1.2m between the closetpan within the sanitary compartment
and the nearest part ofthe doorway.(omitted)Page
378Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 15F2.6Interpretation—Urinals and washbasins(a)A urinal may be—(i)an
individual stall or wall-hung urinal; or(ii)a600mm length of a continuous urinal
trough; or(iii)a closet pan
used in place of a urinal.(b)A washbasin may
be—(i)an individual basin; or(ii)a part of a hand
washing trough served by a singlewater
tap.Part 2VentilationDivision 1Performance requirementsFP4.3A
space inthebuilding,used
bythe worker,must be
providedwithmeansofventilationwithoutdoorairwhichwillmaintain adequate air quality.FP4.4Ifamechanicalair-handlingsystemisinstalledinthebuilding, the
systemmust control—(a)the
circulation of objectionable odours; and(b)theaccumulationofharmfulcontaminationbymicro-organisms, pathogens and
toxins.Reprint 2J effective 1 July 2011Page
379
Workplace Health and Safety Regulation
2008Schedule 15FP4.5Contaminated air must be disposed of in a
manner which doesnotundulycreateanuisanceorhazardtopeopleinthebuilding or other property.Division 2Particular
provisions for complyingwith performance requirementsNote—See also part 3
(Further provisions for complying with performancerequirements—definitions, classification of
buildings and adoption ofstandards).A0.5Meeting the Performance RequirementsCompliance with the Performance Requirements
can only beachieved by—(a)complying with the Deemed-to-Satisfy
Provisions; or(b)formulating an Alternative Solution
which—(i)complies with the Performance
Requirements; or(ii)isshowntobeatleastequivalenttotheDeemed-to-Satisfy Provisions;
or(c)a combination of (a) and (b).F4.0Deemed-to-Satisfy Provisions(a)Where a Building Solution is proposed
to comply withtheDeemed-to-SatisfyProvisions,PerformanceRequirements
FP4.3to FP4.5 are satisfied by
complyingwith F4.5to
F4.9.(b)(omitted)Page 380Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 15F4.5Ventilation of roomsAhabitableroom,office,shop,factory,workroom,sanitarycompartment,
bathroom, shower room, laundry and any otherroom occupied
bythe workermust
have—(a)natural ventilation complying with
F4.6; or(b)amechanicalventilationorair-conditioningsystemcomplying with AS 1668.2 and AS/NZS
3666.1.(omitted)F4.6Natural ventilationNatural
ventilation provided in accordance with F4.5(a) mustconsistofpermanentopenings,windows,doorsorotherdevices which
can be opened—(a)with an aggregate opening or openable
size not less than5%ofthefloorareaoftheroomrequiredtobeventilated; and(b)that
areopen to—(i)asuitably sized court, or space open to
the sky; or(ii)an open
verandah, carport, or the like; or(iii)an
adjoining room in accordance with F4.7.F4.7Ventilation borrowed from adjoining
roomNatural ventilation to a room may come
through a window,opening, ventilating door or other device
from an adjoiningroom(includinganenclosedverandah)ifbothroomsarewithin the same sole-occupancy unit or
the enclosed verandahis common property, and—(a)in a Class 2 building, a
sole-occupancy unit of a Class 3building or
Class 4 part of a building—(i)theroomtobeventilatedisnotasanitarycompartment; andReprint 2J
effective 1 July 2011Page 381
Workplace Health and Safety Regulation
2008Schedule 15(ii)thewindow,opening,doororotherdevicehasaventilatingareaofnotlessthan5%ofthefloorarea
of the room to be ventilated; and(iii)the
adjoining room has a window, opening, door orother device
with a ventilating area of not less than5% of the
combined floor areas of both rooms; and(b)in a
Class 5, 6, 7, 8 or 9 building—(i)thewindow,opening,doororotherdevicehasaventilating area
of not less than 10% of the floorareaoftheroomtobeventilated,measurednotmore than 3.6m above the floor;
and(ii)the adjoining
room has a window, opening, door orother device
with a ventilating area of not less than10%ofthecombinedfloorareasofbothrooms;and(c)theventilatingareasspecifiedin(a)and(b)maybereducedasappropriateifdirectnaturalventilationisprovided from another source.F4.8Restriction on position of water
closets and urinalsAroomcontainingaclosetpanorurinalmustnotopendirectly
into—(a)a kitchen or pantry; or(b)a public dining room or restaurant;
or(c)a dormitory in a Class 3 building;
or(d)a room used for public assembly (which
is not an earlychildhoodcentre,primaryschooloropenspectatorstand); or(e)aworkplacenormallyoccupiedbymorethanoneperson.F4.9AirlocksIf a room
containing a closet pan or urinal is prohibited underF4.8
from opening directly to another room—Page 382Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 15(a)in a
sole-occupancy unit in a Class 2 or 3 building orClass 4 partof a
building—(i)accessmustbebyanairlock,hallwayorotherroom; or(ii)the room
containing the closet pan or urinal mustbeprovidedwithmechanicalexhaustventilation;and(b)in a Class 5, 6, 7, 8 or 9 building
(which is not an earlychildhoodcentre,primaryschooloropenspectatorstand)—(i)accessmustbebyanairlock,hallwayorotherroom with a
floor area of not less than 1.1m2andfittedwithself-closingdoorsatallaccessdoorways; or(ii)the
room containing the closet pan or urinal mustbeprovidedwithmechanicalexhaustventilationand the doorway
to the room adequately screenedfrom
view.Reprint 2J effective 1 July 2011Page
383
Workplace Health and Safety Regulation
2008Schedule 15Part 3Further provisions forcomplying with
performancerequirements—definitions,classification of buildings andadoption of standardsA1.1DefinitionsInanappliedBCAprovision,unlessthecontraryintentionappears—(omitted)Aged
care buildingmeans a Class 9c building for
residentialaccommodation of aged persons who, due to
varying degreesof incapacity associated with the ageing
process, are providedwithpersonalcareservicesand24hourstaffassistancetoevacuate the building during an
emergency.(omitted)Allotmentmeans a
separate, distinct parcel of land on whicha building is to
be built, or is built.(omitted)AlternativeSolutionmeansaBuildingSolutionwhichcomplieswiththePerformanceRequirementsotherthanbyreason of satisfying the Deemed-to-Satisfy
Provisions.Assemblybuildingmeansabuildingwherepeoplemayassemble for—(a)civic,theatrical,social,politicalorreligiouspurposes;or(b)educationalpurposesinaschool,earlychildhoodcentre, preschool, or the like; or(c)entertainment, recreational or
sporting purposes; or(d)transit
purposes.(omitted)Page
384Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 15Atriummeans a space within a building that
connects 2 ormore storeys, and—(a)is
wholly or substantially enclosed at the top by a flooror
roof (including a glazed roof structure); and(b)includes any adjacent part of the building
not separatedby an appropriate barrier to fire;
but(c)doesnotincludeastairwell,rampwellorthespacewithin a shaft.Atriumwellmeansaspaceinanatriumboundedbytheperimeter of the
openings in the floors or by the perimeter ofthe floors and
the external walls.(omitted)Building Solutionmeans a solution
which complies with thePerformance Requirements and
is—(a)an Alternative Solution; or(b)a solution which complies with the
Deemed-to-SatisfyProvisions; or(c)a
combination of (a) and (b).Carparkmeansabuildingthatisusedfortheparkingofmotor vehicles but is neither a private
garage nor used for theservicingofvehicles,otherthanwashing,cleaningorpolishing.(omitted)Commonwallmeansawallthatiscommontoadjoiningbuildings.(omitted)Deemed-to-SatisfyProvisionsmeansprovisionswhicharedeemed to satisfy the Performance
Requirements.(omitted)Detentioncentremeansabuildinginwhichpersonsaresecurely detained by means of the
built structure including aprison, remand
centre, juvenile detention centre, holding cellsor
psychiatric detention centre.Reprint 2J
effective 1 July 2011Page 385
Workplace Health and Safety Regulation
2008Schedule 15Page 386Earlychildhoodcentremeansakindergartenorchild-minding centre.(omitted)Equivalentmeans equivalent
to the level of healthandsafety(wordsomitted)providedbytheDeemed-to-SatisfyProvisions.(omitted)External wallmeans an outer
wall of a building which is nota common
wall.(omitted)Floor areameans—(omitted)(c)in
relation to a room—the area of the room measuredwithin the finished surfaces of the walls,
and includestheareaoccupiedbyanycupboardorotherbuilt-infurniture, fixture or fitting; and(omitted)Habitableroommeansaroomusedfornormaldomesticactivities, and—(a)includesabedroom,livingroom,loungeroom,musicroom,televisionroom,kitchen,diningroom,sewingroom, study, playroom, family room and
sunroom; but(b)excludesabathroom,laundry,watercloset,pantry,walk-inwardrobe,corridor,hallway,lobby,photographic darkroom, clothes-drying room,
and otherspacesofaspecialisednatureoccupiedneitherfrequently nor for extended periods.Health-care buildingmeans a building
whose occupants orpatientsundergoingmedicaltreatmentgenerallyneedphysicalassistancetoevacuatethebuildingduringanemergency and includes—(a)a public or private hospital;and(b)a nursing home
or similar facility for sick or disabledpersons needing
full-time care;andReprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 15(c)a
clinic, day surgery or procedure unit where the effectsofthepredominanttreatmentadministeredinvolvepatientsbecomingnon-ambulatoryandrequiringsupervised
medical care on the premises for some timeafter the
treatment.(omitted)Mezzaninemeans an
intermediate floor within a room.(omitted)Other propertymeans all or any
of the following—(a)any building on the same or an
adjoining allotment; and(b)any adjoining
allotment; and(c)a road.Outdoor
airmeans air outside the building.(omitted)Ownersee the Building
Act 1975, schedule 2.(omitted)PerformanceRequirementmeansarequirementwhichstatesthelevelofperformancewhichaBuildingSolutionmust
meet.Personal care servicesmeans any of the
following—(a)The provision of nursing care.(b)Assistance or supervision in—(i)bathing, showering or personal
hygiene; or(ii)toileting or
continence management; or(iii)dressing or
undressing; or(iv)consuming
food.(c)The provision of direct physical
assistance to a personwith mobility problems.(d)The management of medication.(e)Theprovisionofsubstantialrehabilitationordevelopment assistance.Reprint 2J
effective 1 July 2011Page 387
Workplace Health and Safety Regulation
2008Schedule 15(omitted)Private garagemeans—(a)any garage associated with a Class 1
building; or(b)any single storey of a building of
another Class capableof accommodating not more than 3
vehicles, if there isonly one such storey in the building;
or(c)anyseparatesinglestoreygarageassociatedwithanotherbuildingwheresuchgarageiscapableofaccommodating not more than 3
vehicles.(omitted)Requiredmeansrequiredtosatisfyaperformancerequirement or a
Deemed-to-Satisfy Provision of the BCA asappropriate.(omitted)Roadsee the Building
Regulation 2006, schedule 4.(omitted)Sanitary compartmentmeans a room or
space containing acloset pan or urinal.(omitted)Schoolincludesaprimaryorsecondaryschool,college,university or
similar educational establishment.Self-closing, applied to a
door, means equipped with a devicewhichreturnsthedoortothefullyclosedpositionimmediately
after each opening.Service stationmeans a garage
which is not a private garageand is for the
servicing of vehicles, other than only washing,cleaning or
polishing.Shaftmeansthewallsandotherpartsofabuildingbounding—(a)a
well, other than an atrium well; or(b)averticalchute,ductorsimilarpassage,butnotachimney or flue.Page 388Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 15(omitted)Sole-occupancy unitmeans a room or
other part of a buildingfor occupation by one or joint owner,
lessee, tenant, or otheroccupier to the exclusion of any other
owner, lessee, tenant, orother occupier and includes—(a)a dwelling;and(b)a room or suite of rooms in a Class 3
building whichincludes sleeping facilities;and(c)a room or suite
of associated rooms in a Class 5, 6, 7, 8or 9
building;and(d)a room or suite
of associated rooms in a Class 9c agedcare building,
which includes sleeping facilities and anyarea for the
exclusive use of a resident.(omitted)Storeymeansaspacewithinabuildingwhichissituatedbetween one
floor level and the floor level next above, or ifthere is no floor above, the ceiling or roof
above, but not—(a)a space that contains only—(i)a lift shaft, stairway or meter room;
or(ii)a bathroom,
shower room, laundry, water closet, orother sanitary
compartment; or(iii)accommodationintendedfornotmorethan3vehicles; or(iv)a
combination of the above; or(b)a
mezzanine.(omitted)Swimming poolmeans any
excavation or structure containingwater and used
primarily for swimming, wading, paddling, orthe like,
including a bathing or wading pool, or spa.(omitted)Windowincludesarooflight,glasspanel,glassblockorbrick, glass louvre, glazed sash,
glazed door, or other deviceReprint 2J
effective 1 July 2011Page 389
Workplace Health and Safety Regulation
2008Schedule 15which transmits
natural light directly from outside a buildingto the room
concerned when in the closed position.A1.2Adoption of standards and other
referenceWhere a Deemed-to-Satisfy Provision adopts a
Standard, rule,specification or provision included in any
document issued byStandardsAustraliaorotherbody,thatadoptiondoesnotinclude a provision—(a)specifyingordefiningtherespectiverights,responsibilities or obligations as between
themselves orany manufacturer, supplier or purchaser;
or(b)specifyingtheresponsibilitiesofanytradespersonorotherbuildingoperative,architect,engineer,authority,or other person
or body; or(c)requiring the submission for approval
of any material,building component, form or method of
construction, toanyperson,authorityorbodyotherthanapersonorbody
empowered under State or Territory legislation togive
that approval; or(d)specifying that a material, building
component, form ormethod of construction must be submitted to
StandardsAustraliaoracommitteeofStandardsAustraliaforexpression of opinion; or(e)permitting a departure from the code,
rule, specificationor provision at the sole discretion of the
manufacturer orpurchaser, or by arrangement or agreement
between themanufacturer and purchaser.A1.3Referenced Standards, etc(a)AreferenceinaDeemed-to-SatisfyProvisiontoadocumentunderA1.2referstotheeditionorissue,togetherwithanyamendment,listedinSpecificationA1.3 and only so
much as is relevant in the context inwhich the
document is quoted.(b)Any—Page 390Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 15(i)referenceinadocumentlistedinSpecificationA1.3(primarydocument)toanotherdocument(secondary document); and(ii)subsequentreferencestootherdocumentsinsecondary documents and those other
documents;is a reference to the secondary and other
documents astheyexistedatthetimeofpublicationoftheprimarydocument listed
in Specification A1.3.A1.4Differences
between referenced documents andappliedBCA
provisionsAnapplied BCA provisionoverrules in any difference arisingbetween it and any Standard, rule,
specification or provisionin a document listed in Specification
A1.3.SPECIFICATIONA1.3DOCUMENTS ADOPTED BYREFERENCE1.Schedule of referenced documents(omitted)Table
1: SCHEDULE OF REFERENCED DOCUMENTSNo.DateTitleBCAClause(s)(omitted)AS
1668The use of mechanicalventilation
andair-conditioning inbuildingsReprint 2J effective 1 July 2011Page
391
Workplace Health and Safety Regulation
2008Schedule 15AmdtNo.
11(omitted)No.Part 2(omitted)AS/NZS3666Part
1DateTitleBCAClause(s)1991Mechanical ventilationF4.5for
acceptable(omitted)indoor-air
qualityAir-handling and watersystems
ofbuildings—Microbialcontrol2002Design,
installationand commissioning(omitted)F4.5A3.2ClassificationsBuildings are
classified as follows—Class1—oneormorebuildingswhichinassociationconstitute—(a)Class 1a—a single
dwelling being—(i)a detached house; or(ii)oneormoreattacheddwellings,eachbeingabuilding, separated by awall that is
fire resistant,including a row house, terrace house,
town houseor villa unit; or(b)Class 1b—a boarding
house, guest house, hostel or thelike with a
total floor area not exceeding 300m2and
inwhichnotmorethan12personswouldordinarilyberesident;whichisnotlocatedaboveorbelowanotherdwellingoranother Class of building other than a
private garage.Page 392Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Schedule 15Class2—abuildingcontaining2ormoresole-occupancyunits each being
a separate dwelling.Class 3—a residential building, other
than a building of Class1or2,whichisacommonplaceoflongtermortransientliving for a
number of unrelated persons, including—(a)a
boarding-house, guest house, hostel, lodging-house orbackpackers accommodation; or(b)a residential part of a hotel or
motel; or(c)a residential part of a school;
or(d)accommodationfortheaged,childrenorpeoplewithdisabilities; or(e)aresidentialpartofahealth-carebuildingwhichaccommodates
members of staff; or(f)a residential
part of a detention centre.Class 4—a
dwelling in a building that is Class 5, 6, 7, 8 or 9 ifit
is the only dwelling in the building.Class5—anofficebuildingusedforprofessionalorcommercial purposes, excluding buildings of
Class 6, 7, 8 or9.Class6—ashoporotherbuildingforthesaleofgoodsbyretailorthesupplyofservicesdirecttothepublic,including—(a)an
eating room, cafe, restaurant, milk or soft-drink bar;or(b)adiningroom,bar,shoporkioskpartofahotelormotel; or(c)ahairdresser’sorbarber’sshop,publiclaundry,orundertaker’s establishment; or(d)market or sale room, showroom, or
service station.Class 7—a building which is—(a)Class 7a—a carpark;
or(b)Class 7b—for storage, or
display of goods or producefor sale by
wholesale.Reprint 2J effective 1 July 2011Page
393
Workplace Health and Safety Regulation
2008Schedule 15Class 8—a
laboratory, or a building in which a handicraft orprocessfortheproduction,assembling,altering,repairing,packing,
finishing, or cleaning of goods or produce is carriedon
for trade, sale, or gain.Class 9(words
omitted)Class 9—a building of a
public nature—(a)Class 9a—a health-care
building,including those partsof
the building set aside as a laboratory; or(b)Class9b—anassemblybuilding,includingatradeworkshop,laboratoryorthelikeinaprimaryorsecondary school, but excluding any other
parts of thebuilding that are of another Class;
or(c)Class 9c—an aged care
building.Class 10—a non-habitable building or
structure—(a)Class10a—anon-habitablebuildingbeingaprivategarage, carport,
shed, or the like; or(b)Class10b—astructurebeingafence,mast,antenna,retaining or
free-standing wall, swimming pool, or thelike.A3.3Multiple classificationEach
part of a building must be classified separately, and—(a)(i)where parts have
different purposes—if not morethan 10% of the
floor area of a storey, being theminoruse,isusedforapurposewhichisadifferent
classification, the classification applyingtothemajorusemayapplytothewholestorey;and(ii)the provisions
of (i) do not apply when the minoruseisalaboratoryorClass2,3or4partofabuilding; and(b)Classes1a,1b,7a,7b,9a,9b,9c,10aand10bareseparate classifications; andPage
394Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 15(c)a
reference to—(i)Class 1—is to Class 1a and 1b;
and(ii)Class 7—is to
Class 7a and 7b; and(iii)Class 9—is to
Class 9a, 9b and 9c; and(iv)Class 10—is to
Class 10a and 10b; and(d)A plant room,
machinery room, lift motor room, boilerroom or the like
must have the same classification as thepart of the
building in which it is situated.A3.4Parts
with more than one classification(a)Notwithstanding A3.3, a building or part of
a buildingmay have more than one classification
applying to thewholebuildingortothewholeofthatpartofthebuilding.(b)Ifabuildingorpartofabuildinghasmorethanoneclassification applying to the whole
building or part inaccordance with (a), that building or part
must complywithalltherelevantprovisionsoftheappliedBCAprovisionsfor each
classification.Logo of the Australian Building Codes
BoardReprint 2J effective 1 July 2011Page
395
Workplace Health and Safety Regulation
2008Schedule 16Schedule 16Applied QDC provisionsschedule 13,
section 3(4)(b)Part 1Performance
criteria andacceptable solutionsDivision 1Dining facilitiesPERFORMANCECRITERIAACCEPTABLE SOLUTIONSDining
FacilitiesP6Where the nature of workA6(a)Adiningroomismadeperformed does
not allowreasonablyavailable,excepttheworkertoeatinthewheretherearefiveorlessworker’sworkarea,workers,adiningareamaybesuitablediningfacilitiesmade reasonably
available; ormust bemade
reasonably(b)for shops situated in a
shoppingavailableinsafeandcomplex—hygienic
conditions.(i)one dining room is used tosatisfy the requirements ofalltheshopsinthecomplex;
and(ii)thediningroomareaisbased on the totalpersons,towhomadiningroommustbeavailableunderperformancerequirementP6,of
all the shops in thecomplex.Page 396Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 16PERFORMANCECRITERIAACCEPTABLE SOLUTIONSP7AdiningroomordiningA7Adiningroomordiningareahasareamustprovidethe following
facilities—adequatefacilitiesfor(a)a sink with a draining board
andeating,washingandreticulatedhotandcoldwater;cleaningofutensils,andstorageoffoodand(b)cupboardsforthestorageofutensils.foodstuffs,freeofdustandStoredfoodandutensilsvermin;
andmustbekeptfreefrom(c)tablesproviding600mmtablecontaminationbydustlengthperworkerandachairand
vermin.or stool with back support;
and(d)arefrigeratorofadequatecapacityforthenumberofworkers.P8Dining rooms must be ofA8(a)Theminimumfloorareaofaanadequateareatodining room is—provideasafeand(i)for6-12workers—11m2;comfortable
environment,andappropriate to the number(ii)foradditionalworkersupofworkersusing it at anyto25—anadditionalone time.0.92m2foreachworker;and(iii)foradditionalworkersthereafter—anadditional0.75m2for eachworker.Reprint 2J effective 1 July 2011Page
397
Workplace Health and Safety Regulation
2008Schedule 16Division 2Dressing room facilitiesPERFORMANCECRITERIAACCEPTABLE SOLUTIONSDressing Room
FacilitiesP9(wordsomitted)WhereA9(a)Theminimumunencumberedthenatureofworkfloor area of a
dressing room isrequirestheworkerto1.8m2perworker; andchangeinandoutof(b)an additional unencumbered areaapparel,dressingroomsis provided in
the dressing room,ofadequatearea,dependantontheoccupationofcontainingsufficienteachworkeras
follows—facilitiesand thatprovide(i)Forsedentaryoradequate privacymustbesemi-sedentarymadereasonablyoccupations—0.37m2peravailable.worker;(ii)Forlighttomediumandcleanoccupations—0.46m2perworker;(iii)Forheavy,hotordirtyoccupations—0.65m2perworker; and(c)thedressingroomisprovidedwithlockersthatare
not less than300mmwideand450mmdeepand
900mm in height; and(d)passagewidthsbetweenfacinglockers
are—(i)at least 1500mm; or(ii)withlockersononesideonly—at least
900mm; and(e)adressingroomisprovidedforeach
sex; and(f)dressing rooms are set apart
fromworkrooms(words
omitted); and(g)(omitted)Page 398Reprint 2J effective 1 July
2011
PERFORMANCECRITERIAWorkplace Health and Safety Regulation
2008Schedule 16ACCEPTABLE
SOLUTIONS(h)for fifteen or lessworkers, all ofthe
same sex, a dining room maybecombinedwithadressingroom; and(i)whereadressingroomiscombined with a dining room—(i)thecombineddiningroomand
dressing room complieswith A7, A8 and A9; and(ii)the dining room
is providedwith—(A)alockerforeachworker;
and(B)protectivehangingspace for clothing; and(C)(omitted)(D)mirrorsandshelving;and(E)(omitted)Division 3Drinking waterPERFORMANCECRITERIAACCEPTABLE SOLUTIONSDrinking
waterP10AnadequatesupplyofA10(a)Drinkingwaterismadeclean,coolandpotablereasonably
availableinall of thedrinkingwatermustbeworker’sworksituations(wordsmadereasonablyomitted);
andavailable.(omitted)Reprint 2J
effective 1 July 2011Page 399
Workplace Health and Safety Regulation
2008Schedule 16PERFORMANCECRITERIAACCEPTABLE SOLUTIONS(d)wheretherearemorethan10workers,drinkingfountainsareprovidedinthefollowingnumbers—(i)11to40workers—1drinking fountain; and(ii)foreachadditional40workers(orpartthereof)—1additionaldrinking
fountain.Division 4LightingPERFORMANCECRITERIAACCEPTABLE SOLUTIONSLightingP4AdequatelightingfromA4LightingcomplieswithAS1680naturaland/orartificial(Interior
lighting).sources must be providedtoensurehealthy(wordsomitted)workingconditions
forthe worker,appropriate to—(a)thenatureofthework; and(b)thelocationofthework; and(c)thetimesatwhichtheworkisperformed.Page 400Reprint 2J effective 1 July
2011
Division 5Workplace Health
and Safety Regulation 2008Schedule 16Floor area and
air spacePERFORMANCECRITERIAACCEPTABLE SOLUTIONSWork AreasP5Adequate work areas andA5Aworkplacehasaminimumairspacemustbemadeunencumbered
floor area of 2.3m2forreasonablyavailabletoeachworker.allowsuitablestandardsofhealthandsafetyforthe
worker.Part 2Other provisions
for complyingwith performance criteriaSatisfying the performancecriteria(words
omitted)Compliancewiththeperformancecriteriacanonlybeachieved by—(a)complying with the acceptable solutions;
or(b)formulatinganalternativesolutionthatsatisfiestheperformance criteria or is shown to be
at least equivalentto the acceptable solutions; or(c)a combination of (a) and (b).(omitted)Definitions(omitted)Dining area—a
shelteredarea where workers may have lunchor
take other breaks.Reprint 2J effective 1 July 2011Page
401
Workplace Health and Safety Regulation
2008Schedule 16Dining
room—a room or sheltered place where
workers mayhave lunch or take other breaks.Dressing room—a
room used for changing clothes.Floor
area—excludes the area of any item
positioned on thefloor.(omitted)Heavy,hotordirtyoccupations—workinfoundries,steelfabrication, sand blasting, spray painting
and the like.(omitted)Light to medium
and clean occupations—workin
offices,retail stores, and the like.(omitted)Sedentary
occupations—work requiring a sitting
position.Semi-sedentaryoccupations—workrequiringasittingorstanding position eg retail store
workers.(omitted)Unencumbered—clear circulation space with no fixtures
orfittings intruding within the space.(omitted)Workrooms—means any part of a workplace contained in
abuilding partitioned off by any means or set
aside in which aworker is required to work.Page
402Reprint 2J effective 1 July
2011
Schedule 18Workplace Health
and Safety Regulation 2008Schedule 18Dictionarysection 3accreditedcoursemeansacourseaccreditedundertheVocational Education, Training and
Employment Act 2000.ACMmeans asbestos
containing material.ADAShas the meaning
given by thePetroleum(SubmergedLands) (Diving
Safety) Regulations 2002(Cwlth).ADASdivingcertificatemeansanoccupationaldivercertificateofcompetencyoracommercialdivercertificatethat, on its
face, is issued under ADAS.addressof a
workplace means—(a)a street or similar address; or(b)anotherdescriptionofthelocationoftheworkplaceenabling the
location to be identified.ADG Codemeans the
Australian Code for the Transport ofDangerous Goods
by Road and Rail.Editor’s note—The
ADG Code is approved by the Australian Transport Council.advanced boiler operatormeans a person
who—(a)performstheworkofanintermediateboileroperator;and(b)operates a boiler with multiple fuel
types that may befiredsimultaneouslyduringnormaloperation,otherthanboilerschangingfueltypesduringthestartsequence.advanced riggermeans a person
who performs—(a)the work of an intermediate rigger;
and(b)rigging work associated with—(i)gin poles and shearlegs; orReprint 2J effective 1 July 2011Page
403
Workplace Health and Safety Regulation
2008Schedule 18Page 404(ii)flying foxes and
cable ways; or(iii)guyed derricks
and structures; or(iv)suspended
scaffolds and fabricated hung scaffolds.advanced
scaffoldermeans a person who performs—(a)the work of an intermediate
scaffolder; and(b)scaffolding work, using scaffolding
from which a personor object may fall more than 4m, associated
with—(i)hungscaffolds,includingscaffoldshangingfromtubes, wire
ropes and chains; or(ii)suspended
scaffolds.agreement, for part 28,
division 2, see section 360.an 8 hour
equivalent continuous A-weighted sound pressurelevelof85dB(A)meanstheactualenergyofvaryingnoiselevels experienced over a period that is
equivalent to an 8 hourcontinuoussteadyA-weightedsoundpressurelevelof85dB(A).anchorage
point, for part 20, see section 258.application for training and assessment
approvalmeans anapplication
under section 70.applied BCA provisionsee schedule 13,
section 2.applied QDC provisionsee schedule 13,
section 2.approved criteria, for sections
188 and 221, means the criteriastatedinformerNOHSCdocumententitled‘ApprovedCriteria for
Classifying Hazardous Substances [NOHSC:1008(1999)]’.ASmeans a standard published by
Standards Australia.asbestos management code,
for part 13, see section 140.asbestos removal
code, for part 13, see section 140.AS/NZSmeansastandardpublishedjointlybyStandardsAustralia and
Standards New Zealand.assessmentmeanstheprocessofcollectingevidenceandmaking judgments on whether competency
has been achievedReprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 18todecidewhetherapersoncanperformtothestandardexpected in the
workplace.assessment instrument, for a unit of
competency for a class ofhigh risk work or for a unit of
competency for an earthmovingor particular
crane occupation, see section 16.assessmentsummarymeansadocumentthatrecordstheresult of an assessment.atmosphericmonitoringmeansdeterminingtheconcentration of lead in the
atmosphere.Australian Qualifications Frameworkhas
the same meaningasAQFhasundertheVocationalEducation,TrainingandEmployment Act 2000,
schedule 3.authorised accredited provider,
other than for section 52, 60or61,meansanaccreditedproviderwhosefunctionsstatedunder section
178(2) of the Act include assessing a person’ssatisfaction of
the approved criteria.AuthorityseetheBuildingandConstructionIndustry(Portable Long Service Leave) Act
1991.A-weightedmeansastandardisedfrequencyresponse(indB(A))usedinsoundmeasuringinstrumentsandcorresponding approximately to the human ear
response.barricade, for part 20,
see section 258.basic boiler operatormeans a person
who operates a boilerwith—(a)a
single fixed combustion air supply; and(b)a
non-modulating single heat source; and(c)a
fixed firing rate.basic riggermeans a person
who performs—(a)the work of a dogger; and(b)rigging work associated with—(i)the movement of plant and equipment;
or(ii)the placement of
precast concrete; orReprint 2J effective 1 July 2011Page
405
Workplace Health and Safety Regulation
2008Schedule 18(iii)hoists other than hoists with jibs and
self-climbinghoists; or(iv)steel erection; or(v)safety nets and static lines; or(vi)mast climbers;
or(vii) perimeter safety screens and shutters;
or(viii) cantilevered crane loading
platforms.basicscaffoldermeansapersonwhoperformsscaffoldingwork, using
scaffolding from which a person or object mayfall more than
4m, associated with—(a)prefabricated
scaffolds; or(b)cantilevered materials hoists with a
maximum workingload of 500kg; or(c)ropes; or(d)gin
wheels; or(e)safety nets and static lines;
or(f)bracket scaffolds.BCAsee
schedule 13, section 2.biological monitoringmeans—(a)for
a hazardous substance—testing for the presence of ahazardoussubstance,itsmetabolitesorabiochemicalchange in a
person’s body tissue, exhaled air or fluid; or(b)for
lead—(i)testing for the presence of lead in a
person’s tissueor fluid; or(ii)testingforabiochemicalchangeinaperson’stissue or fluid.blood lead
levelmeans the concentration of lead in
capillaryor venous whole blood.Page 406Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 18boiler—(a)meansavesselorarrangementofvesselsandinterconnecting parts in which—(i)steam or other vapour is generated;
or(ii)water or other
liquid is heated at a pressure abovethat of the
atmosphere;by the application of fire, the products of
combustion,electrical power, or similar high
temperature means; and(b)includessuperheaters,reheaters,economisers,boilerpiping,supports,mountings,valves,gauges,fittings,controls,theboilersettinganddirectlyassociatedequipment;
and(c)does not include a fully flooded or
pressurised systemwhere water or other liquid is heated to a
temperaturelower than the normal atmospheric boiling
temperatureof the liquid.boom-typeelevatingworkplatformmeansatelescoping,hinged or
articulated device, or a combination of 2 or moredevices of those types, used to support a
lifting platform.bottommixmeansagasmixthatcanbebreathedatthedeepest point of
the dive.bottomtimemeansthetimebetweenadiverleavingthesurface at the start of a dive and
starting the final ascent.bridgecranemeansacranecomprisingabridgebeam,mounted at each end to an end carriage,
capable of travellingalongelevatedrunwaysandhaving1ormorehoistingmechanisms arranged to traverse across the
bridge beam.BSmeans a standard published by British
Standards.building, for part 22,
part 28, division 2 and schedules 13, 14,15 and 16, see
theBuilding Act 1975, schedule
2.building and construction industrymeans—(a)thatpartofindustryinvolvedintheconstruction,erection,installation,additionto,alteration,repair,maintenance,cleaning,painting,renewal,removal,Reprint 2J
effective 1 July 2011Page 407
Workplace Health and Safety Regulation
2008Schedule 18dismantlingordemolitionofabuildingorotherstructure;
or(b)the digging or filling of a structure;
or(c)concreting, bricklaying or tiling;
or(d)anypartofindustryinvolvedinactivitiesnormallyregarded as building or construction.buildingandconstructionworkseetheBuildingandConstructionIndustry(PortableLongServiceLeave)Act1991.Building Code of Australiasee
schedule 13, section 2.building contractor,
for part 20, division 6, see section 342.buildingmaintenanceunitmeansapoweroperatedsuspended platform, and associated equipment
on a building,designedtoprovidepermanentaccesstothefacesofthebuilding for maintenance.caisson, for part 20,
see section 258.catch platform, for part 20,
see section 258.certificate—(a)for part 8, other than division 3, see
section 78; or(b)for part 8, division 3, see section
110.certificate of medical fitness to
divemeans a certificate that—(a)onitsfaceisissuedbyamedicalpractitionerwithtraining in underwater medicine that
complies with thetrainingcriteriastated inAS/NZS2299(Occupationaldivingoperations),part1(Standardoperationalpractice),appendixM(Guidanceformedicalpractitioners),
paragraph M4 (Fitness criteria); and(b)contains the information required under
section 150.certificate of registration of a mobile
crane or tower cranesee section 107.chemicalnameofahazardoussubstanceorleadmeansitsscientific or technical name.Page
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2011
Workplace Health and Safety Regulation
2008Schedule 18civil
construction work, for part 20, see section 258.class, in relation to
a building, means the class of the buildingunder schedule
15, part 3, sections A3.2, A3.3 and A3.4.classofhighriskworkmeansaclassofworkstatedinschedule 5 or 5A.cofferdam,
for part 20, see section 258.common
plant, for part 20, see section 258.community services industrymeans an industry involved inany
of the following—(a)health or welfare services;(b)education services;(c)library services;(d)scientific research services;(e)meteorological services;(f)employment services;(g)prison services;(h)operating a museum;(i)nonprofitorganisationsthatpromotecommunityorsectional aims.competencymeans the
ability to perform tasks or duties to thestandard
expected in employment.competent person—(a)for construction diving work, see
section 152; or(b)forunderwaterdivingworkotherthanconstructiondiving work, see
section 153; or(c)for performing an inspection or other
task for a controlmeasure,meansapersonwhohasacquired,throughtraining,qualificationsorexperience,theknowledgeandskillstodothetaskinasafeway,includingknowledge of—(i)relevant Australian Standards; andReprint 2J effective 1 July 2011Page
409
Workplace Health and Safety Regulation
2008Schedule 18(ii)relevant codes of practice; and(iii)other relevant
legislation; or(d)for part 8, division 2, subdivision 4,
see section 107; or(e)for part 20, division 3, subdivision
9, see section 310.confined spacemeans an
enclosed or partially enclosed spacethat—(a)is at atmospheric pressure when anyone
is in the space;and(b)isnotintendedordesignedprimarilyasaworkplace;and(c)couldhave
restrictedentryto,orexitfrom,theplace;and(d)is, or is likely to be, entered by a
person to work; and(e)at any time, contains, or is likely to
contain, any of thefollowing—(i)an
atmosphere that has potentially harmful levelsof a
contaminant;(ii)anatmospherethatdoesnothaveasafeoxygenlevel;(iii)anything that could cause engulfment.Examples of a confined space—1storage tanks,
tank cars, process vessels, pressure vessels, boilers,silos
and other tank-like compartments2pits
and degreasers3pipes,sewers,sewerpumpstationsincludingwetordrywells,shafts and
ducts4shipboard spaces entered through small
hatchways or access points,cargo tanks, cellular double bottom
tanks, duct keels, ballast or oiltanks and void
spacesconfirmed blood lead levelmeans the concentration of lead invenous whole blood.construction
diving work, for part 14, see section 148.Page
410Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 18construction
person, for schedule 11, see schedule 11,
section1.construction safety plan,
for part 20, see section 258.construction
work, for part 20, division 3, see section
300.consumer packagemeans—(a)a single packaged item, holding less
than 30kg or 30L,intended for retail sale; or(b)apackagecontainingonlyidenticalpackageditemsmentioned in
paragraph (a).containermeans a thing,
other than a bulk container, or tank,defined in the
ADG Code, in which a hazardous substance orleadis,orhasbeen,completelyorpartlycased,contained,covered,
enclosed or packed, but does not include an enclosedsystem.contaminantmeans anything
that may be harmful to health orsafety.control measuremeans a measure
to prevent, or minimise thelevel of,
exposure to a risk.corresponding authority—(a)toanearthmovingorparticularcraneworkcertificate—meansadocument(howeverdescribed),issued by a
recognised official, authorising work in anoccupation that
is the same or substantially the same asthe earthmoving
or particular crane occupation to whichthe certificate
relates; or(b)toalicenceorlicenceclass—meansadocument(howeverdescribed),issuedbyarecognisedofficial,authorising the performance of a class of
work that isthe same or substantially the same as the
class of highrisk work to which the licence or licence
class relates.correspondinglawmeansalawoftheCommonwealthoranother State about workplace health and
safety.cost, of building
and construction work, see theBuilding
andConstructionIndustry(PortableLongServiceLeave)Act1991, section 73(1)
and (2).Reprint 2J effective 1 July 2011Page
411
Workplace Health and Safety Regulation
2008Schedule 18Page 412cranemeansamachineforraisingorloweringaloadandmoving it horizontally, including any
supporting structure orfoundation, but does not
include—(a)anindustriallifttruck,specifiedamusementdevice,tractor, industrial robot, conveyor,
building maintenanceunit, suspended scaffold or lift;
or(b)abackhoe,excavator,front-endloader,dragline,orothermachineprimarilydesignedforearthmovingpurposes.C-weightedmeansastandardisedfrequencyresponse(indB(C))usedinsoundmeasuringinstrumentsandcorresponding approximately to the human ear
response.dangerous goodshas the meaning
given by the ADG Code.dB(A)means A-weighted
decibels.dB(C)means C-weighted
decibels.decompression divingmeans diving
that requires a diver totake a planned stop during the final
ascent to decompress.designated doctormeans a
doctor—(a)who is a specialist health
practitioner in the specialty ofoccupational and
environmental medicine; or(b)whohassatisfactorilycompletedahealthsurveillancetraining program
supplied by the chief executive.designated
hazardous substancemeans a substance, listed asadesignatedhazardoussubstanceinformerNOHSCdocument entitled ‘List of Designated
Hazardous Substances[NOHSC:10005 (1999)]’.design verification statementsee
section 102(a).designverifier,forpart8,division2,subdivision3,seesection 101.directly
supervise, a trainee or a worker who is undergoing
anassessment,conductedbytheworker’semployer,todecidetheworker’ssuitabilitytoperformhighriskwork,meansoverseeing the
work of the trainee or worker for the purposesof—Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 18(a)directing,demonstrating,monitoringandcheckingthetrainee’sorworker’sperformanceinawaythatisappropriatetothetrainee’sorworker’scompetencylevel;
and(b)ensuringacapacitytorespondinanemergencysituation.dive
supervisormeans—(a)for
part 14, division 3—see section 171; or(b)forpart14,division4—apersonwhoholdsacurrentqualificationindivingoperationsleadershipfromarecreational scuba or dive training
organisation.dive timemeans the time
between a diver leaving the surfaceat the start of
a dive and surfacing at the end of the dive.doggermeans a person who—(a)uses
techniques, including the selection or inspection oflifting gear, to safely sling a load;
or(b)directs a crane or hoist operator in
the movement of aload when the load is out of the operator’s
view.domestichousemeansahousethatisaseparatesingledomestic
dwelling.EANxmeans a mixture
of oxygen and nitrogen in which thevolume of oxygen
in the mixture is at least 22%.earthmovingorparticularcraneoccupationmeansanoccupation, or part of an occupation,
stated in schedule 6.earthmovingorparticularcraneworkcertificatemeansacertificate to work in a single
earthmoving or particular craneoccupation.edge
protection, for part 20, see section 258.electricity, gas and water industrymeans that part of industryinvolved in any of the following—(a)thegeneration,transmissionordistributionofelectricity;Reprint 2J
effective 1 July 2011Page 413
Workplace Health and Safety Regulation
2008Schedule 18(b)the
manufacture of town gas from coal or petroleum orcoal
and petroleum;(c)the distribution of town gas, natural
gas or liquefied gasthrough a mains reticulation
system;(d)the storage, purification or supply of
water;(e)theoperationofsewerageorstormwaterdrainagesystems, including sewage treatment
plants.enclosedsystemincludesapipeorpipingsystemandaprocess or
reactor vessel.engineer,inrelationtotheperformanceofatask,meansaperson who—(a)isaregisteredprofessionalengineerundertheProfessional Engineers Act 2002;
and(b)is competent to perform the
task.engineering principles, for part 8,
division 2, subdivision 3,see section 101.excavation, for part 20,
see section 258.excavation work, for part 20,
see section 258.excessive noise, for part 12,
see section 138.exempt tractor, for part 19,
see section 251.exposed—(a)for a hazardous substance—see section
187; or(b)for lead—see section 220; or(c)for an electrical installation—see
section 259(2).fall-arrest harness system,
for part 20, see section 258.fall arresting
platform, for part 20, see section 258.fall
protection cover, for part 20, see section 258.financial, property and business services
industrymeans anindustry
involved in any of the following—(a)providing financial services;Page
414Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 18(b)investinginpredominantlyfinancialsecurities,including,forexample,mortgages,patentsandcopyrights;(c)providing insurance services;(d)managing or valuing real estate, other
than agriculturalor pastoral properties;(e)selling, leasing or developing real
estate;(f)providingarchitectural,surveying,legal,accountancy,or other
professional services;(g)advertising,
market research, management consultancy,data processing
or other office services;(h)credit assessing
or reporting;(i)cleaning, pest control or caretaking
services;(j)security services;(k)packing of goods, other than agricultural
produce, food,beverages and tobacco, or crating or packing
goods fortransport;(l)leasing or hiring machinery, plant or
equipment, otherthan transport equipment.fired heatermeans a pressure
vessel in which—(a)aliquidisheatedbelowitsatmosphericboilingtemperature; or(b)aprocessfluidisheatedintubesaboveorbelowitsatmospheric boiling temperature;bytheapplicationoffire,theproductsofcombustion,electrical
power, or similar high temperature means.formal
trainingmeans training involving theory and
practicaldemonstration.formerlycomplyingamenity,forpart28,division2,seesection 360.formerlycomplyingdressingroom,forpart28,division2,see
section 360.Reprint 2J effective 1 July 2011Page
415
Workplace Health and Safety Regulation
2008Schedule 18formerly
complying lunch room, for part 28, division 2, seesection 360.formerly
complying toilet, for part 28, division 2, see
section360.former
NOHSCmeans the National Occupational Health
andSafety Commission under the repealedNational OccupationalHealth and
Safety Commission Act 1985(Cwlth).gantry,
for part 20, see section 258.gantry
cranemeans a crane, comprising a bridge beam that
issupported at 1 or both ends by legs mounted
to end carriages,capableoftravellingalongrunwaysandhaving1ormorehoisting
mechanisms.general induction cardmeans a document
in the form of acard issued by a registered training
organisation evidencing aperson’ssuccessfulcompletionofthegeneralinductiontraining course and that includes—(a)thenationalprovidercodefortheregisteredtrainingorganisation issued by the department that
administerstheVocational Eduction, Training and
Employment Act2000; and(b)the name, date of birthand
signature of the person towhom the card was issued; and(c)the date the card was issued.general induction evidence,
for a person, means—(a)astatementofattainmentforthegeneralinductiontrainingcourseissuedtothepersonbyaregisteredtrainingorganisationundertheVocationalEducation,TrainingandEmploymentAct2000thatwasissuedwithin the last
14 days; or(b)a general induction card issued to the
person.general induction training coursemeans training in the unitofcompetencyCPCCOHS1001AWorksafelyintheconstruction industry.Page
416Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 18genericnamemeansthenameofachemicalcategoryorgroup,including,forexample,‘azodyes’and‘halogenatedaromatic
amines’.geo-technical engineer, for part 20,
see section 258.GHSsee section 187A.hazardous
substance—(a)for part 16,
other than division 4—see section 188; or(b)for
part 16, division 4—see section 198.healthsurveillancemeansthemonitoring,includingbiological monitoring and medical
assessment, of a person toidentify changes in the person’s
health because of exposure toa hazardous
substance or lead.health surveillance report—(a)for a hazardous
substance—see section 207; or(b)for
lead—see section 237.high risk construction activity,
for part 20, see section 258.high risk
workmeans work included in a class of high
riskwork.historical
activity, for part 19, see section 251.hoarding, for part 20,
see section 258.hold, in relation to
a licence class, means to hold a licenceendorsed with
the licence class.holderof a certificate
means the person in whose name thecertificate is
granted.housing construction work,
for part 20, see section 258.impuritymeans any fumes, dust, smoke, gas, vapour or
otherthing that may endanger the workplace health
or safety of aworker.informal
learningmeans workplace experience.ingredientmeansacomponent,includinganimpurity,ofasubstance.Reprint 2J
effective 1 July 2011Page 417
Workplace Health and Safety Regulation
2008Schedule 18intermediate
boiler operatormeans a person who performs—(a)the work of a basic boiler operator;
and(b)operates a boiler with—(i)a modulating combustion air supply;
or(ii)a modulating
heat source; or(iii)a superheater;
or(iv)an
economiser.intermediate riggermeans a person
who performs—(a)the work of a basic rigger; and(b)rigging work associated with—(i)hoists; or(ii)cranes, conveyors, dredges and excavators;
or(iii)tilt slabs;
or(iv)demolition work;
or(v)dual lifts.intermediate
scaffoldermeans a person who performs—(a)the work of a basic scaffolder;
and(b)scaffolding work, using scaffolding
from which a personor object may fall more than 4m, associated
with—(i)cantilevered crane loading platforms;
or(ii)cantilevered and
spurred scaffolds; or(iii)barrow ramps and
sloping platforms; or(iv)perimeter safety
screens and shutters; or(v)mast climbers;
or(vi)tubeandcouplerscaffolds,includingtubeandcoupler covered ways and gantries.ISOmeansastandardpublishedbytheInternationalOrganization for
Standardization.ladder, for part 20,
division 3, subdivision 10, see section 316.Page 418Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 18leadmeans—(a)a
lead metal; or(b)amixtureof2ormoremetalscontainingmorethan0.5% lead by
weight (lead alloy); or(c)a lead salt of an organic acid;
or(d)a lead hazardous substance.Example of a lead salt of organic
acids—lead acetateleadcompoundmeansasubstance,otherthananorganometallic compound of lead, in which
lead is found inthe substance’s molecular structure.lead
hazardous substancesee section 221.leadprocessmeansanyofthefollowingcarriedoutataworkplace—(a)work
that exposes a person to lead dust, or lead fume,arisingfromthemanufactureorhandlingofdryleadcompounds;(b)workconnectedwiththemanufacture,assembly,handling or repair of electrical
accumulators (batteries),orpartsofelectricalaccumulators,thatinvolvesmanipulatingdryleadcompounds,pasting,castingorsoldering of lead;(c)breaking up, or dismantling, lead
accumulators and thesorting, packing and handling of
plates, or other parts ofaccumulators, that contain
lead;(d)spraying molten lead, or alloys
containing more than 5%by weight of lead;(e)melting or casting lead alloys containing
more than 5%byweightofleadinwhichthetemperatureofthemolten material is more than
450ºC;(f)recovering lead from ore, oxides or
other compounds bythermal reduction process;(g)using a power tool to dry grind, disc,
buff, or cut lead oralloys containing more than 5% by
weight of lead;Reprint 2J effective 1 July 2011Page
419
Workplace Health and Safety Regulation
2008Schedule 18(h)using a power tool to sand or buff surfaces
coated with asubstancecontainingmorethan1%bydryweightoflead;(i)anyprocessbywhicharc,oxyacetylene,oxygas,plasmaarcoraflameisapplied,forthepurposesofwelding, cutting or cleaning, to—(i)lead; or(ii)metal coated with lead; or(iii)a thing coated
with paint containing more than 1%by dry weight of
lead;(j)radiator repairs that generate lead
dust or lead fume;(k)fire assay in which lead is
used;(l)foundry work using alloys containing
more than 2% bydry weight of lead;(m)spray painting with lead paint containing
more than 1%by dry weight of lead.lead process
areameans a workplace, or part of a
workplace,where a lead process is carried out.lead-risk jobmeans a job in
which—(a)a person may be exposed to lead;
and(b)a person’s blood lead level does, or
may reasonably beexpected to, equal or exceed—(i)forafemalewhoispregnantorbreastfeeding—0.72µmol/L (15µg/dL); and(ii)forafemalewithareproductivecapacity—0.97µmol/L (20µg/dL); and(iii)for anyone
else—1.45 µmol/L (30µg/dL).licence,
for part 8, see section 78.licence
classmeans a class of high risk work endorsed on
alicence to perform a class of high risk
work.Page 420Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Schedule 18licence to
perform a class of high risk workmeans a
licenceauthorisingtheholderofthelicencetoperform1ormoreclasses of high
risk work.light work, for part 20,
see section 258.manufacturing industrymeans that part
of industry involvedin any of the following—(a)the physical or chemical
transformation of materials orcomponentsintonewproducts,whethertheworkisperformed by power driven machinery or by
hand;(b)the manufacturing of food, beverages,
tobacco, textiles,clothing,footwear,wood,woodproducts,furniture,paper, paper
products, printing and publishing materials,non-metallicmineralproducts,basicmetalproducts,fabricatedmetalproducts,transportequipmentandother machinery products and
equipment.mast climbing work platformmeans a hoist with a workingplatformusedfortemporarypurposestoliftpersonnelormaterials using a drive system mounted
on an extendable mastthat may be tied to a building.master,ofaboat,meansthepersonhavingcommandorcharge of the boat.maximumoperatingdepth,fora gas,meansthemaximumsafe depth at
which the gas can be used.medical record, of a person,
means personal medical resultsor clinical
findings obtained from health surveillance of theperson.mesh,
for part 20, division 2, subdivision 11, see section 282.minimumoperatingdepth,ofabottommix,meanstheminimum safe depth at which the gas
can be used.mixed gasmeans an
underwater breathing mixture other thancompressed air
or EANx.mobile cranemeans a crane
that—(a)iscapableoftravellingoverasupportingsurfacewithouttheneedforfixedrunways,includingrailwaytracks; andReprint 2J
effective 1 July 2011Page 421
Workplace Health and Safety Regulation
2008Schedule 18Page 422(b)reliesonlyongravityforstability,thatis,withnoverticalrestrainingconnectionbetweenitselfandthesupportingsurfaceandnohorizontalrestrainingconnection,otherthanfrictionalforcesatsupportingsurface level,
that may act as an aid to stability.monitoring,inrelationtoahazardoussubstance,meansregularly checking, other than by biological
monitoring—(a)a person’s risk from, or level of
exposure to, a hazardoussubstance; and(b)theeffectivenessofhazardoussubstancecontrolmeasures at a
person’s workplace.MSDS, for a
hazardous substance or lead, means a materialsafety data
sheet for the substance or lead given to the personby
the substance’s or lead’s supplier.nationalexposurestandard,forasbestos,acontaminant,ahazardous substance or lead, means the
exposure standard forthe asbestos, contaminant, hazardous
substance or lead statedin the Adopted National Exposure
Standards for AtmosphericContaminants in the Occupational
Environment contained informerNOHSCdocumententitled‘ExposureStandardsforAtmosphericContaminantsintheOccupationalEnvironment’.national
standardmeans the National Standard For
LicensingPersonsPerformingHighRiskWorkdeclaredundertheAustralian Workplace Safety Standards
Act 2005(Cwlth).Editor’s
note—The national standard is available
from the Safe Work Australia websiteat
<www.safeworkaustralia.gov.au>.NICNAS summary
reportmeans a summary report under theIndustrial Chemicals (Notification and
Assessment) Act 1989(Cwlth).Editor’s
note—NICNAS summary reports are available
from the NICNAS website,<www.nicnas.gov.au>.notice of refusalsee section
92(1).object, for part 20,
see section 258.Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 18OECDmeansastandardpublishedbytheOrganisationforEconomic Co-operation and
Development.opencircuitscubameansself-containedunderwaterbreathingapparatusthatdoesnotrecirculate,orpartiallyrecirculate, the
breathing gas.overhead platform, for part 20,
see section 258.perform workincludes use
plant.perimetercontainmentscreening,forpart20,seesection258.permitted
work, for part 20, see section 258.personnel hoistmeans an
appliance for lifting a person on aplatform that
can be raised more than 2m, but does not includea
lift or building maintenance unit.powered
operation, in relation to a bridge and gantry
crane,means—(a)raising and lowering a load; or(b)moving the crane along runways;
or(c)traversingthecrane’shoistingmechanismacrossabridge beam; or(d)rotating the crane’s hoisting
mechanism.prefabricatedscaffoldingmeansanintegratedsystemofscaffoldingcomponentsmanufacturedinawaythattheassembled shape of the scaffolding is
predetermined.prescribed information, for part 20,
see section 258.pressure piping—(a)meansanassemblyofpipes,pipefittings,valvesandpipe accessories subject to internal
or external pressureand used to contain or convey fluid or
to transmit fluidpressure; and(b)includesdistributionheaders,bolting,gaskets,pipesupports and
pressure retaining accessories; and(c)does
not include a boiler, pressure vessel or a pipeline.Reprint 2J effective 1 July 2011Page
423
Workplace Health and Safety Regulation
2008Schedule 18pressure
vessel—(a)means a vessel
subject to internal or external pressure;and(b)includes—(i)interconnectedpartsandcomponents,valves,gaugesandotherfittingsuptothefirstpointofconnection to connecting piping;
and(ii)a fired heater;
and(iii)a refillable gas
cylinder; and(c)does not include a boiler or pressure
piping.process,forpart14,division3,subdivision3,seesection160(2).product name, of a hazardous
substance or lead, means thebrand name, code
name, trade name or code number given tothesubstanceorleadbyitsmanufacturer,importerorsupplier.proposed
actionsee section 117(1).public
administration industrymeans any of the following—(a)the Queensland Fire Service;(b)the Queensland Police Service;(c)judicial bodies;(d)political parties;(e)state or local governments.QDCsee schedule 13, section 2.Queensland Development Codesee
schedule 13, section 2.reasonably available, to
a person, for schedules 11, 12, 13, 15and 16 in
relation to an amenity, means—(a)availableatalocationreasonablyconvenienttotheperson; and(b)theperson’suseoftheamenityisnotunreasonablyrestricted.Page 424Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 18rebreathermeansasemi-closedorclosedcircuitself-contained underwater breathing
apparatus.recognisedofficialmeansapersonwhomayissueadocument(howeverdescribed,includingacertificateorlicence) under a law of the Commonwealth, or
another State,about occupational health and safety.recreationaldivingmeansanyofthefollowingunderwaterdiving for
recreation using compressed air, other than divingin a
swimming pool or decompression diving—(a)resort diving;(b)divingbyapersonundertakingtrainingindivingforrecreation,whetherornotthepersonisbeingphotographed,
filmed or videoed while diving;(c)diving for recreation by a person with a
qualification inunderwaterdiving,whetheror notthepersonisbeingphotographed,
filmed or videoed while diving.recreationalscubaordivetrainingassociationmeansanorganisation engaged in the
certification of recreational diversthroughdocumentedtrainingproceduresthatsubstantiallycomply with AS
4005.1, part 1, sections 2 and 3.Editor’s
note—AS 4005.1(Trainingandcertificationofrecreationaldivers),
part1(Minimum entry-level SCUBA
diving)recreationalservices,personalservicesandotherservicesindustrymeansanindustryinvolvedinanyofthefollowing—(a)entertainment services;(b)recreational or sporting services;(c)accommodation services;(d)catering services;(e)personalservices,including,forexample,babysitting,burial,
gardening and photography.recreationalsnorkellingdoesnotincludesnorkellinginaswimming pool.Reprint 2J
effective 1 July 2011Page 425
Workplace Health and Safety Regulation
2008Schedule 18recreationaltechnicaldivingmeansunderwaterdivingforrecreation, other than in a swimming
pool—(a)using EANx or mixed gas; or(b)thatisdecompressiondivingusingcompressedairorother gas.refillable gas
cylindermeans a rigid pressure vessel that—(a)hasawatercapacityofmorethan0.1Lbutnotmorethan 3000L;
and(b)has no openings, or integral
attachments, on the shell ofthe vessel other
than at the ends of the vessel; and(c)is
for the storage and transport of gas under pressure.registermeans—(a)for part 16—the register mentioned in
section 209; or(b)for part 17—the register mentioned in
section 231.registeredmeans registered
under this regulation.registeredtrainingorganisationseetheVocationalEducation,
Training and Employment Act 2000, schedule
3.registrable plantmeans the plant
stated in schedule 3.registrable plant designmeans the design of plant mentionedin
schedule 4.relevant information, for part 20,
division 6, see section 342.relevant
personsee section 28(1) of the Act.repealedmiscellaneousregulation,forpart28,division2,see
section 360.repealedregulationmeanstherepealedWorkplaceHealthand Safety
Regulation 1997.repetitive dive groupmeans a letter of the alphabet, given
bydivetables,thatrepresentsanestimateoftheamountofresidual nitrogen in a diver’s tissues
immediately on surfacingat the end of a dive.Page
426Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 18Editor’s
note—Some dive tables refer to ‘pressure
group’ instead of repetitive divegroup.repetitive factormeans a letter
of the alphabet, given by divetables, that
represents an estimate of the amount of residualnitrogen in a diver’s tissues as decided by
the repetitive divegroup and the surface interval.representativeofaworkerincludesaco-workerelectedbyworkers at the worker’s workplace to
represent the worker onworkplace health and safety
issues.reproductive capacitymeans being
physiologically capable ofbecoming pregnant.Example—A female using a contraceptive pill is
of reproductive capacity if shewould be
physiologically capable of becoming pregnant were she notusing
the pill.residentialconstructionwork,forpart20,division6,seesection 342.residualnitrogenmeansnitrogen,inexcessoftheamountnormally present
in a person’s tissues, that is dissolved in theperson’s
tissues.resortdivingmeansanintroductoryscubaexperience,orintroductoryeducationaldivingprogram,conductedaccordingtoarecreationalscubatrainingorganisation’sprogram,orarecreationaltechnicalscubatrainingorganisation’sprogram,whetherornotthepersonisbeingphotographed,
filmed or videoed while diving.retailandwholesaletradeindustrymeansanindustryinvolved in
selling new or used goods.retail warehouse operatormeans an operator of a warehousewhere unopened packaged goods, intended for
retail sale, arestored.retrainingmeans—(a)in relation to an earthmoving or
particular crane workcertificate—retraininginpartoralloftheunitofReprint 2J effective 1 July 2011Page
427
Workplace Health and Safety Regulation
2008Schedule 18competencyfortheearthmovingorparticularcraneoccupation to which the certificate relates;
or(b)inrelationtoalicenceorlicenceclass—retraininginpart
or all of the unit of competency for the class of highrisk
work to which the licence or licence class relates.riggingworkmeansusingmechanicalloadshiftingequipment and
associated gear—(a)to move, place or secure a load;
or(b)to set up or dismantle a crane or
hoist.risk assessmentmeans a risk
assessment made under—(a)for part
16—section 203; or(b)for part 17—section 233.risk
phrase, for a hazardous substance or lead, means a
phrasestated in former NOHSC document entitled
‘National Code ofPracticefortheLabellingofWorkplaceSubstances,oraphrasestatedintheGHS,’thatgivesinformationaboutthesubstance’s or lead’s hazards.road—(a)forschedule15,part3,sectionA1.1,definitionotherproperty—see that
section; or(b)otherwise, includes—(i)aroadwithinthemeaningoftheTransportOperations(RoadUseManagement)Act1995;and(ii)a road related
area.road related areameans—(a)an area that divides a road; or(b)a footpath or nature strip adjacent to
a road; or(c)an area that is not a road and that is
open to the publicanddesignatedforusebypedestrians,cyclistsoranimals; orPage 428Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 18(d)an
area that is not a road and that is open to or used bythe
public for driving, riding or parking vehicles.roll-over
protective structure, for part 19, see section 251.ruralindustrymeansanindustryinwhichpersonsareengaged primarily in work—(a)inthecultivationofanyagriculturalcroporproductwhether grown
for food or not; or(b)in the rearing and management of
livestock; or(c)in the classing, scouring, sorting or
pressing of wool; or(d)in aquaculture;
or(e)in flower or vegetable market gardens;
or(f)atclearing,fencing,trenching,drainingorotherwisepreparing land
for any purpose stated in paragraph (a),(b), (d) or
(e).SAEmeans a standard published by SAE
International.safeoxygenlevelmeansanoxygencontentinairundernormal atmospheric pressure that—(a)is equal to or more than 19.5% by
volume (equivalent toa partial pressure of oxygen of
19.8kPa); and(b)is equal to or less than 23.5% by
volume (equivalent to apartial pressure of oxygen of
23.9kPa).safetyphrase,forahazardoussubstanceorlead,meansaphrase stated in former NOHSC document
entitled ‘NationalCode of Practice for the Labelling of
Workplace Substances,or a phrase stated in the GHS,’ that
gives information about—(a)the safe use of
the substance or lead; or(b)the personal
protective equipment for the substance orlead.scaffoldingmeansatemporarystructure,notincludingatrestle ladder, supporting a platform used
to perform work.scaffolding workmeans the
erection, alteration or dismantlingof
scaffolding.Reprint 2J effective 1 July 2011Page
429
Workplace Health and Safety Regulation
2008Schedule 18Page 430scope of registrationsee theVocational Education, Trainingand
Employment Act 2000, schedule 3.scubameans self-contained underwater breathing
apparatus.self-erecting tower cranemeans a tower crane that—(a)has a tower structure with a boom or
jib that ordinarilyremainsfullyassembledandpartofthecranewhilebeing transported from one place to another;
and(b)haserectionanddismantlingprocessesthatareaninherent part of the crane’s
function.show cause noticesee section
117(1).site-specific induction, for part 20,
see section 258.specialist health practitioner, in
a specialty, means a personregistered under
the Health Practitioner Regulation NationalLawtopractiseinthemedicalprofessionasaspecialistregistrant in
the specialty.specifiedamusementdevicemeansadeviceclassifiedasaclass 2, 3, 4 or 5 amusement device in
AS 3533, part 1 as inforce on 5 December 1997.Editor’s note—AS3533(Amusementridesanddevices),part1(Designandconstruction)spray
paintingmeans—(a)the
process in which either of the following are sprayedonto
a surface to produce a film of required thicknessand
texture—(i)a liquid coating substance that is
converted into anaerosol or mist;(ii)a
powder coating substance; or(b)an
activity directly related to the process mentioned inparagraph(a),whethercarriedoutbefore,duringorafter the process.Examples of
paragraph (b)—paint mixing, paint matching and
cleaning a spray gunReprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 18spraypaintingboothmeansaroomorenclosuredesignedsolely for the purpose of spray
painting.SSBAmeansunderwaterbreathingapparatussupplyingthewearer with compressed breathing gas
through a hose from acompressororstoragecylinderatthesurfaceorfromasubmersible work chamber or habitat.stand-by diver, for part 14,
division 3, see section 172.statementofattainmentseetheVocationalEducation,Training and
Employment Act 2000, schedule 3.static
line, for part 20, see section 258.substancedoesnotincludeathing,otherthanafluidorparticle—(a)formed during production to a predetermined
design orshape or to have a predetermined surface;
and(b)used for a purpose depending
completely or partly on itsdesign, shape or
surface; and(c)keepingitschemicalcompositionandphysicalstateduring use.surface
intervalmeans the time a diver spends on the
surfacebetween 2 successive dives.technical standard, for part 8,
division 2, subdivision 3, seesection
101.time inmeans the time a
diver leaves the surface at the start ofa dive.time
outmeans the time a diver surfaces at the end
of a dive.tower cranemeans a crane
with a boom that is mounted on atower
structure.tractor, for part 19,
see section 251.traineesee section
31.training and assessment approvalmeans an approval grantedunder section 72.Reprint 2J
effective 1 July 2011Page 431
Workplace Health and Safety Regulation
2008Schedule 18transport and
storage industrymeans an industry involved inany
of the following—(a)passenger or freight transport;(b)providing terminal facilities for
passengers or freight;(c)operating
airports;(d)selling or leasing aircraft or
ships;(e)motor vehicle parking;(f)motor vehicle rental;(g)stevedoring;(h)harbour or navigation services;(i)booking, forwarding, crating, storage
or custom agencyservices;(j)operating oil or gas pipelines.travel restraint system, for part 20,
see section 258.trench, for part 20,
see section 258.truck-mounted concrete placing unit with
boommeans plantthat—(a)is used to place concrete by way of
pumping concretethroughapipelineattachedtoorformingpartoftheboom; and(b)iscapableoftravellingoverasupportingsurfacewithouttheneedforfixedrunways,includingrailwaytracks; and(c)reliesongravityforstability,thatis,withnoverticalrestraining
connection between itself and the supportingsurface and no
horizontal restraining connection, otherthanfrictionalforcesatsupportingsurfacelevel,thatmay
act as an aid to stability.type 1
ingredient, of a substance, means an ingredient
presentin the substance in a concentration more
than the ingredient’sconcentrationcut-offlevelstatedintheapprovedcriteriaand—Page
432Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Schedule 18(a)described in the approved criteria
as—(i)carcinogenic,corrosive,mutagenic,teratogenic,toxic or very
toxic; or(ii)a respiratory or
skin sensitiser; or(iii)a harmful
substance capable of causing a person anirreversibleadversehealtheffectafteracuteexposure; or(iv)aharmfulsubstancecapableofcausingseriousdamagetoaperson’shealthafterrepeatedorprolonged exposure; or(b)listed,andhavinganexposurestandardstated,intheAdopted National Exposure Standards
for AtmosphericContaminantsintheOccupationalEnvironmentcontainedinformerNOHSCdocumententitled‘Exposure Standards for Atmospheric
Contaminants inthe Occupational Environment’.type
2 ingredient, of a substance, means an ingredient,
otherthananingredientmentionedinthedefinitiontype1ingredient, paragraph (a),
present in the substance—(a)inaconcentrationmorethantheingredient’sconcentrationcut-offlevelstatedintheapprovedcriteria; and(b)describedintheapprovedcriteriaasaharmfulsubstance.type 3
ingredient, of a substance, means an ingredient,
otherthan a type 1 or type 2 ingredient, present
in the substance.underground service, for part 20,
see section 258.underwaterdivingdoesnotincludesnorkellingorbreath-hold diving.underwater
diving work, for part 14, see section 147.unit
of competency, for a class of high risk work or for
anearthmoving or particular crane occupation,
see section 17.use,ofahazardoussubstanceorlead,includeshandling,production,
storage, movement and disposal of the substanceReprint 2J
effective 1 July 2011Page 433
Workplace Health and Safety Regulation
2008Schedule 18orlead,butdoesnotincludethecarriageofasubstancecoveredbytheADGCodeortheInternationalMaritimeDangerous Goods Code.Editor’s
note—The International Maritime Dangerous
Goods Code is prepared by theInternationalMaritimeOrganization,whoseaddressis4AlbertEmbankment,London,SE17SR,UnitedKingdom.Atthecommencementofthisdefinition,theinternetaddressoftheorganisation is
<www.imo.org>.variation of a licence,
for part 8, see section 78.vehicle
hoistmeans a vehicle hoisting device designed to
giveconvenient under chassis access for work or
examination.work boxmeans a device
designed to be suspended from acrane to provide
a working area for a person.Workers’CompensationActmeanstheWorkers’Compensation and
Rehabilitation Act 2003.work method
statement, for part 20, see section 258.workrequiringadecompressionstopmeansdiving,atadepth and for a
time, that would require a decompression stopif the Standard
Air Decompression Table (Decompression inthe Water) as
published in AS/NZS 2299, part 1, appendix F,Table F1(A) or
F1(B) were being used for the dive.Editor’s
note—AS/NZS2299(Occupationaldivingoperations),part1(Standardoperational
practice)Page 434Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008Endnotes3KeyKey to abbreviations in list of
legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdnumo in comorigpparaprecpresprevExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=numbered=order
in council=omitted=original=page=paragraph=preceding=present=previousKey(prev)procprovptpubdR[X]RArelocrenumrep(retro)rvsschsdivSIASIRSLsubunnumExplanation=previously=proclamation=provision=part=published=Reprint No. [X]=Reprints Act 1992=relocated=renumbered=repealed=retrospectively=revised edition=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
2002=subordinate legislation=substituted=unnumbered4Table of reprintsReprints are
issued for both future and past effective dates. For the most
up-to-date tableof reprints, see the reprint with the latest
effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.ReprintNo.11A1B1C1D22A2B2C2D2E2FAmendments includedEffectivenonenone2008 SL No.
4292008 SL No. 4272008 SL No.
4292009 SL No. 1282009 SL No.
1282009 Act No. 382010 Act No.
192010 SL No. 1532010 SL No.
1082010 SL No. 1552010 SL No.
2282010 SL No. 1531 September
20081 November 200812 December
20081 January 20091 July
20091 September 200926 October
200923 May 201025 June
20101 July 201027 August
20101 September 2010Notesprovs
exp 31 October 2008Page 436Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008EndnotesReprintNo.2G2H2I2JAmendments
includedEffective—2011
SL No. 552011 Act No. 182011 SL No.
1151 February 201113 May
20116 June 20111 July
2011Notesprov exp 31
January 20115Tables in earlier reprintsName
of tableCorrected minor errorsReprint
No.16List of
legislationWorkplace Health and Safety Regulation 2008
SL No. 283made by the Governor in Council on 28 August
2008notfd gaz 29 August 2008 pp 2831–5ss
1–2 commenced on date of notificationremaining
provisions commenced 1 September 2008 (see s 2)exp 1 September
2018 (see SIA s 54)Notes—(1)The expiry date
may have changed since this reprint was published.See
the latest reprint of the SIR for any change.(2)Tworegulatoryimpactstatementsandanexplanatorynotewereprepared.amending
legislation—Transport Operations (Road Use
Management—Dangerous Goods) Regulation 2008SL No. 427 ss
1–2, 253 sch 3notfd gaz 12 December 2008 pp 2044–53ss
1–2 commenced on date of notificationremaining
provisions commenced 1 January 2009 (see s 2)Workplace Health
and Safety Amendment Regulation (No. 1) 2008 SL No. 429notfd
gaz 12 December 2008 pp 2044–53ss 1–2 commenced
on date of notificationss 4, 11 and 12 commenced 1 January
2009 (see s 2)remaining provisions commenced on date of
notificationWorkplace Health and Safety and Another
Regulation Amendment Regulation (No.1) 2009 SL No.
128 pts 1–2notfd gaz 26 June 2009 pp 831–7ss
1–2 commenced on date of notifications 21 commenced 1
September 2009 (see s 2(1))remaining provisions commenced 1 July
2009 (see s 2(2))Note—An explanatory note was
prepared.Reprint 2J effective 1 July 2011Page
437
Workplace Health and Safety Regulation
2008EndnotesElectrical Safety
and Other Legislation Amendment Act 2009 No. 38 ss 1, 2(2), pt
18date of assent 22 September 2009ss
1–2 commenced on date of assentremaining
provisions commenced 26 October 2009 (2009 SL No. 233)Transport and Other Legislation Amendment Act
(No. 2) 2010 No. 19 s 1, ch 2 pt 30date of assent 23
May 2010commenced on date of assentHealth
and Other Legislation Amendment Regulation (No. 1) 2010 SL No. 108
pts 1,19notfd gaz 11 June 2010 pp
459–61ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2010
(see s 2)Workplace Health and Safety and Another
Regulation Amendment Regulation (No.1) 2010 SL No.
153 pts 1, 3notfd gaz 25 June 2010 pp 823–30ss
1–2 commenced on date of notificationss 9, 12
commenced 1 September 2010 (see s 2)remaining
provisions commenced on date of notificationNote—An
explanatory note was prepared.Justice
Legislation (Fees) Amendment Regulation (No. 1) 2010 SL No.
155notfd gaz 25 June 2010 pp 823–30ss
1–2 commenced on date of notificationremaining
provisions commenced 1 July 2010 (see s 2)Workplace Health
and Safety Amendment Regulation (No. 1) 2010 SL No. 228notfd
gaz 27 August 2010 pp 1520–4commenced on date
of notificationNote—An explanatory note was
prepared.Workplace Health and Safety Amendment
Regulation (No. 1) 2011 SL No. 55notfd gaz 13 May
2011 pp 77–8commenced on date of notificationNote—An explanatory note was
prepared.Work Health and Safety Act 2011 No. 18 ss
1–2, pt 17 div 5, pt 18 div 1 sdiv 3date of assent 6
June 2011commenced on date of assentJustice (Fees) Amendment Regulation (No. 1)
2011 SL No. 115notfd gaz 1 July 2011 pp 589–96ss
1–2 commenced on date of notificationremaining
provisions commenced 1 July 2011 (see s 2)Note—An
explanatory note was prepared.Page 438Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008Endnotes7List
of annotationsReferences to standardss 4amd
2010 SL No. 153 s 9Meaning of “assessment instrument”s
16amd 2009 SL No. 128 s 4; 2010 SL No. 153 s
10Meaning of “unit of competency”s
17amd 2009 SL No. 128 s 5; 2010 SL No. 153 s
11Authority to perform high risk works
18amd 2009 SL No. 128 s 6Authority to
perform work in an earthmoving or particular crane
occupations 25amd 2009 SL No. 128 s 7Supervision of performance of prescribed
activity by competent personprov hdgamd
2009 SL No. 128 s 8(1)s 50amd 2009 SL No.
128 s 8(2)–(3)Term of certificates 54amd
2011 SL No. 55 s 3Application for certificate of authority of
appointments 57amd 2011 SL No. 55 s 4Registered training organisation’s duty for
assessing competencys 62amd 2009 SL No. 128 s 9Other
duties of registered training organisations 66amd
2009 SL No. 128 s 10Chief executive to decide application for
training and assessment approval within 28daysprov
hdgamd 2009 SL No. 128 s 11(1)s
71amd 2009 SL No. 128 s 11(2)Grant
of approvals 72amd 2009 SL No. 128 s 12Notice
of refusal of applications 73amd 2009 SL No.
128 s 13Division 5—Suspension and cancellation of
training and assessment approvaldiv hdgamd
2009 SL No. 128 s 14Grounds for suspension or cancellation of
approvals 74amd 2009 SL No. 128 s 15Procedure for suspension or
cancellations 75amd 2009 SL No. 128 s 16Immediate suspension of approvals
76amd 2009 SL No. 128 s 17Reprint 2J
effective 1 July 2011Page 439
Workplace Health and Safety Regulation
2008EndnotesWhen immediate
suspension has effect untils 77amd 2009 SL No.
128 s 18How to apply for a certificate, other than an
earthmoving or particular crane workcertificates 79amd
2008 SL No. 429 s 4How to apply for an earthmoving or particular
crane work certificates 80amd 2011 SL No.
115 s 3 schHow to apply for a licence or variation of a
licence to endorse another class of highrisk works
82amd 2011 SL No. 115 s 3 schChief
executive to decide application within 28 dayss 90amd
2008 SL No. 429 s 5Applicationunders108ifengineercannotinspectbecauseofunforeseeablecircumstancess 109exp
31 January 2011 (see s 109(3))PART 9—NOTIFIABLE
BUILDING AND CONSTRUCTION WORKpt 9 (ss
129–133)om 2011 Act No. 18 s 329Application of div
3s 144amd 2010 SL No. 153 s 12Removing ACMs 146amd
2009 SL No. 128 s 19Meaning of “competent person” for other
underwater diving works 153(1)(e) and (3)
exp 31 October 2008 (see s 153(3))amd 2010 SL No.
228 s 3Competent person for s 153—holder of
certification under Australian QualificationsFrameworks
155amd 2008 SL No. 429 s 6Competent person
for s 153—holder of certificate for AS 4005.2 subject areass
156amd 2008 SL No. 429 s 6Competent person
for s 153—person doing underwater diving work on no more
than28 days in the last 6 monthss
157amd 2008 SL No. 429 s 7Competent person
for s 153—person who is not an Australian citizen or
permanentresident doing underwater diving work for a
relevant organisations 158prev s 158 exp 31
October 2008 (see prev s 158(2))pres s 158 ins
2010 SL No. 228 s 4Subdivision 2A—Prohibition relating to
competent persons under section 158sdiv 2A (s
159A)ins 2010 SL No. 228 s 5Recompression
chamber and qualified operators 173amd
2010 SL No. 228 s 6Page 440Reprint 2J
effective 1 July 2011
Workplace Health and Safety Regulation
2008EndnotesCount of all
persons on board to be made and recordeds 178amd
2010 SL No. 228 s 7Meaning of “GHS”s 187Ains
2010 SL No. 153 s 13Meaning of “hazardous substance”s
188amd 2010 SL No. 153 s 14Preparing,
amending and reviewing MSDSs 190amd 2010 SL No.
153 s 15Labelling containerss 196amd
2010 SL No. 153 s 16Manufacturing or importing a spray painting
booths 213amd 2008 SL No. 429 s 8Maintaining a spray painting booths
218amd 2008 SL No. 429 s 9Using a confined
spaces 250amd 2008 SL No. 429 s 10Meaning of “work method statement”for high risk construction activity
that isprescribed activitys 261amd
2008 SL No. 429 s 11Amount of workplace health and safety
contributions 352amd 2009 Act No. 38 s 72Rural
industry exemptions 353amd 2008 SL No. 429 s 12sub
2010 SL No. 153 s 17amd 2010 SL No. 228 s 8PART
28—TRANSITIONAL PROVISIONSDivision 9—Transitional provision for
Workplace Health and Safety and AnotherRegulation
Amendment Regulation (No. 1) 2009div hdgins
2009 SL No. 128 s 20General induction training course completed
before 1 July 2009s 375prev s 375 om R1 (see RA s 40)pres
s 375 ins 2009 SL No. 128 s 20Division
10—Transitional provisions for Workplace Health and Safety
AmendmentRegulation (No. 1) 2011div hdgins
2011 SL No. 55 s 5Particular bonded asbestos removal
certificates to end 31 December 2012s 376prev
s 376 om R1 (see RA s 40)pres s 376 ins 2011 SL No. 55 s
5Reprint 2J effective 1 July 2011Page
441
Workplace Health and Safety Regulation
2008EndnotesApplication for
renewal of bonded asbestos removal certificates 377prev
s 377 om R1 (see RA s 40)pres s 377 ins 2011 SL No. 55 s
5Particular certificates of authority of
appointment of a workplace health and safetyofficer to end 31
December 2011s 378ins 2011 SL No. 55 s 5Application for renewal of certificate of
authority of appointment of a workplacehealth and safety
officers 379ins 2011 SL No. 55 s 5PART29—AMENDMENTOFSTATEPENALTIESENFORCEMENTREGULATION
2000pt hdgom R1 (see RA s
7(1)(k))PART 30—CONSEQUENTIAL AMENDMENTS OF
REGULATIONSpt hdgom R1 (see RA s
7(1)(k))SCHEDULE 1—FEESsch hdgsub
2009 SL No. 128 s 21; 2010 SL No. 155 s 3 sch; 2011 SL No. 115 s 3
schNotification of building and construction
works 1sub 2009 SL No. 128 s 21; 2010 SL No.
155 s 3 schom 2011 Act No. 18 s 330ins 2011 SL No.
115 s 3 schRegistration, or renewal of certificate of
registration, of registrable plants 2sub
2009 SL No. 128 s 21; 2010 SL No. 155 s 3 sch; 2011 SL No. 115 s 3
schApplication for certificate of registration
of registrable plant designs 3sub 2009 SL No.
128 s 21; 2010 SL No. 155 s 3 sch; 2011 SL No. 115 s 3 schLicences to perform a class of high risk
works 4sub 2009 SL No. 128 s 21; 2010 SL No.
155 s 3 sch; 2011 SL No. 115 s 3 schConversion to
renewable licence to perform a class of high risk works
5sub 2009 SL No. 128 s 21; 2010 SL No. 155 s
3 sch; 2011 SL No. 115 s 3 schCertificates—prescribed activitiess
6amd 2008 SL No. 429 s 13sub 2009 SL No.
128 s 21; 2010 SL No. 155 s 3 sch; 2011 SL No. 115 s 3 schCertificate of appointment as an accredited
providers 7sub 2009 SL No. 128 s 21; 2010 SL No.
155 s 3 sch; 2011 SL No. 115 s 3 schBonded asbestos
removal certificates 8sub 2009 SL No. 128 s 21; 2010 SL No.
155 s 3 sch; 2011 SL No. 115 s 3 schReportaboutoccupationalhealthandsafetyperformanceforWorkers’Compensation
Acts 9sub 2009 SL No. 128 s 21; 2010 SL No.
155 s 3 sch; 2011 SL No. 115 s 3 schPage 442Reprint 2J effective 1 July
2011
Workplace Health and Safety Regulation
2008EndnotesBonded asbestos
removal certificates 10sub 2009 SL No. 128 s 21; 2010 SL No.
155 s 3 schom 2011 SL No. 115 s 3 schReportaboutoccupationalhealthandsafetyperformanceforWorkers’Compensation
Acts 11sub 2009 SL No. 128 s 21; 2010 SL No.
155 s 3 schom 2011 SL No. 115 s 3 schSCHEDULE 2—ACCREDITED COURSESamd
2009 SL No. 128 s 22SCHEDULE5—CLASSESOFHIGHRISKWORKCOMPETENCY FOR THE CLASSESBridge
and gantry crane (open)s 12amd 2008 SL No.
429 s 14; 2009 SL No. 128 s 23(1)ANDUNITSOFNon-slewing mobile cranes 14amd
2009 SL No. 128 s 23(2)Mobile truck-mounted concrete placing
booms 22amd 2010 SL No. 153 s 18Turbine operators 28amd
2009 SL No. 128 s 23(3)–(4)SCHEDULE5A—CLASSESOFHIGHRISKWORKANDUNITSOFCOMPETENCY FOR THE CLASSES UNDER
NATIONAL STANDARDsch 5Ains 2009 SL No.
128 s 24PART 1—SCAFFOLDING WORKpt 1 (ss
1–3)ins 2009 SL No. 128 s 24PART 2—RIGGING
WORKpt 2 (ss 4–7)ins 2009 SL No.
128 s 24PART 3—CRANE AND HOIST OPERATIONpt 3
(ss 8–22)ins 2009 SL No. 128 s 24PART 4—FORKLIFT
OPERATIONpt 4 (ss 23–24)ins 2009 SL No.
128 s 24PART 5—PRESSURE EQUIPMENT OPERATIONpt 5
(ss 25–26)ins 2009 SL No. 128 s 24SCHEDULE
6—EARTHMOVING OR PARTICULAR CRANE OCCUPATIONSAND UNITS OF
COMPETENCY FOR THE OCCUPATIONSBridge and gantry
crane (remote control only)s 1amd 2008 SL No.
429 s 14; 2009 SL No. 128 s 25SCHEDULE9—PROHIBITEDSUBSTANCES,PROHIBITEDACMANDPROHIBITED
PURPOSESGrunerite(oramosite)(brown)asbestos,crocidolite,anthophylliteasbestos,tremolite asbestos or actinolite
asbestoss 1sub 2011 Act No. 18 s 317Reprint 2J effective 1 July 2011Page
443
