Western Australia

Occupational Safety and Health Act 1984

Occupational Safety and Health

Regulations 1996

As at 01 Jul 2013 Version 09-c0-00

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 Western Australia

Occupational Safety and Health

Regulations 1996

Contents

Part 1 — Preliminary and
interpretation
Division 1 — Preliminary and definitions
1.1. Citation 2
1.2. Commencement 2
1.3. Terms used 2
Division 2 — Interpretation
1.4. Employer, extent of duty of 2
1.5. Self-employed person, extent of duty of 2
1.6. Main contractor, extent of duty of 2
1.7. Person having control of workplace, extent of duty
of 2
1.8. Person having control of access to workplace,
extent of duty of 2
1.9. Employee, meaning of 2
1.10. Workplace, meaning of 2
1.11. NOHSC and standards, references to 2
1.12. Standards etc., compliance with 2
1.13. Technical terms not defined, meaning of 2
1.14. AS or AS/NZS, reference to in Sch. 1 2
1.15. Regulation 1.15 penalty 2
1.16. Regulation 1.16 penalty 2
Part 2 — General
Division 1 — Matters prescribed for purposes of
the Act
2.1. Laws prescribed (Act s. 14(1)(b)) 2

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Occupational Safety and Health Regulations 1996

Contents

2.2. Introductory and transitional courses for, and

entitlements under Act s. 35(3) of, safety and
health representatives 2
2.3. Subsequent courses for, and entitlements under
Act s. 35(3) of, safety and health representatives 2
2.4. Injuries etc. prescribed (Act s. 23I) 2
2.5. Diseases etc. prescribed (Act s. 23I) 2
2.6. Procedure prescribed (Act s. 24(2)) 2
2.8. Forms prescribed (Act s. 51) 2
2.8B. Courses of training prescribed (Act s. 51AB
qualified representative) 2
Division 2 — Administrative provisions
2.9. Plant subject of improvement or prohibition notice,
marking and use etc. of 2
2.10. Local government to notify Commissioner of
construction work permits 2
2.11. Medical examination of employee, Commissioner
may direct etc. 2
2.12. Exemption from regulation where substantial
compliance 2
2.13. Exemption from regulation where compliance
unnecessary or impracticable 2
2.14. Exemption from fees 2
Division 3 — Review of decisions under these
regulations
2.15. Decision by person other than Commissioner,
review of 2
Part 3 — Workplace safety
requirements
Division 1 — General duties applying to
workplaces
3.1. Identification of hazards, and assessment and
reduction of risks, duties of employer etc. as to 2
3.2. Person at workplace to have access to Act etc. on
request 2
3.3. Isolated employee to have communication for
emergency etc. 2
3.4. Manual handling, duties of employer etc. as to 2

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 Occupational Safety and Health Regulations 1996

Contents

3.5. Reported hazard etc., employer to investigate 2

3.6. Movement of people, duties of employer etc. as to 2
3.7. Access to and egress from workplace, duties of
employer etc. as to 2
3.8. Emergency egress from workplace, duty of employer
etc. as to 2
3.9. Fire precautions, duties of employer etc. as to 2
3.10. Evacuation procedure, duties of employer etc. as to 2
3.11. Warning signs for hazards, duties of employer etc.
as to 2
3.12. First aid, duties of employer etc. as to 2
3.13. Lighting, duties of employer etc. as to 2
3.14. Work space for employee, employer’s duty as to 2
3.15. Air temperature etc., employer’s duties as to 2
3.16. Drinking water, duties of employer etc. as to 2
3.17. Cleanliness of workplace and rubbish etc. removal,
duties of employer etc. as to 2
3.18. Floors, stairs etc., duties of employer etc. as to 2
3.19. Seating, employer’s duties as to 2
3.20. Sanitary etc. facilities, duties of employer etc. as to 2
3.21. Gas etc. services, employer etc. to record location
of etc. 2
3.22. Moving vehicles etc., duties of employer etc. as to 2
3.23. Material etc. being lifted etc. by crane etc. at
construction site, duties of main contractor etc. as
to 2
3.24. Lowering gear on construction site, duties of
person engaged in 2
3.25. Conduit crossing thoroughfare at construction site,
duties of main contractor etc. as to 2
3.26. Portable ladder, duties of person using 2
3.27. Gas cylinder, duties of employer etc. as to 2
3.28. Manifolded cylinder pack, duties of employer etc.
as to 2
3.29. Construction diving work, duties of employer etc.
as to 2
3.30. Flotation device, employer etc. to provide etc. if
person working with others near water etc. 2
3.31. Life jacket, duties of employer etc. as to for person
working alone over water etc. 2

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Occupational Safety and Health Regulations 1996

Contents

Division 2 — General duties in relation to

personal protective clothing and
equipment
3.32. Risks to be reduced in first instance by means other
than protective clothing and equipment 2
3.33. Personal protective clothing and equipment,
standards applicable to 2
3.34. Person concluding personal protective clothing or
equipment should be used, duties of 2
3.35. Person issued personal protective clothing or
equipment, duties of 2
3.36. Safety helmets at construction site, main
contractor’s duties as to 2
Division 3 — Atmosphere and respiratory
protection
Subdivision 1 — Atmosphere and
respiratory protection generally
3.37. Terms used 2
3.38. Atmospheric hazards, duties of employer etc. to
identify etc. 2
3.39. Means of reducing risks (r. 3.38(c)) 2
3.40. Respiratory protective equipment, duties of
employer etc. as to 2
3.41. Supplied air respirator, when employer etc. to
provide 2
3.42. Supplied air respirator etc., duties of employer etc.
as to 2
3.43. Supplied air respirator, duties of employer etc. to
maintain etc. 2
3.44. Supplied air respirator, quantity and quality of air
supplied by 2
Subdivision 2 — Protection from tobacco
smoke
3.44A. Terms used 2
3.44AA. Enclosed workplace, meaning of 2
3.44AB. Notional vertical surface area, assessment of 2
3.44B. Certain persons not to smoke in enclosed
workplace 2

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 Occupational Safety and Health Regulations 1996

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3.44D. Defence to r. 3.44B, smoking in private vehicle or

residence 2
3.44E. Defence to r. 3.44B, smoking by actor etc. in a
performance 2
3.44G. Notice of smoking restrictions, employer etc. to
give etc. 2
3.44I. Inspectors may require certain persons to
extinguish tobacco products 2
Division 4 — Noise control and hearing
protection
3.45. Terms used 2
3.46. Noise above exposure standard, duties of employer
etc. as to 2
3.47 Personal hearing protectors, employer etc. to
provide etc. 2
Division 5 — Prevention of falls at workplaces
3.48. Terms used 2
3.49. Hazards relating to falling, duties of employer etc.
to identify etc. 2
3.50. Anchorage and fall injury prevention system,
duties of employer etc. as to design of etc. 2
3.51. Fall injury prevention system, duties of employer
etc. as to inspection of etc. 2
3.52. Welding etc. being done near fall injury prevention
system, duties of employer etc. in case of 2
3.53. Anchorage, duties of employer etc. as to inspection
of etc. 2
3.54. Holes etc. in floors, duties of employer etc. as to 2
3.55. Edges, duties of employer etc. to prevent falls from 2
3.56. Grid mesh and checker plate flooring panel on
construction site, duties of main contractor etc. as
to 2
3.57. Brittle or fragile roofing, duties of employer etc. as
to work on 2
Division 6 — Electricity
3.58. Term used: supply authority 2
3.59. Electrical installation etc., duties of employer etc.
as to 2
3.60. Residual current devices, duties as to 2

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Occupational Safety and Health Regulations 1996

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3.61. Electrical installations on construction etc. sites,

duties of employer etc. as to 2
3.62. Tested portable electrical equipment etc.,
information required on tags on 2
3.63. Portable electrical equipment etc. brought to
workplace, requirements as to 2
3.64. Overhead power lines, duties of employer etc. as to 2
3.65. When electricity to be connected to construction
site 2
Division 7 — Scaffolds, gantries, hoardings and
barricades and formwork
3.66. Terms used 2
3.67. Scaffold etc. to be erected, designed etc. in
accordance with standard 2
3.68. Area for scaffold to be clear of rubbish etc. 2
3.69. Lugs or saddle piece to support scaffold, welder’s
duties as to 2
3.70. Incomplete scaffold, duty of employer etc. as to 2
3.71. Incomplete etc. scaffold, duty of employer etc. to
prevent use of 2
3.72. Certain scaffolds to be inspected and tagged 2
3.73. Scaffold not to be removed etc. without authority 2
3.74. Lowering scaffolding equipment, duties of person
engaged in 2
3.75. Hoardings and barricades, when required 2
3.76. Gantries, when required 2
3.77. Hoardings, barricades and gantries, design etc. of 2
3.78. Barricades, hoardings and gantries not to be
removed etc. without authority 2
3.79. Formwork, duties of employer etc. as to 2
3.80. Formwork to be contained within workplace 2
3.81. Formwork, duties of person stripping or lowering 2
Division 8 — Work in confined spaces
3.82. Terms used 2
3.83. Thing with confined space, duties of designers etc.
of 2
3.84. Modifying thing with confined space 2
3.85. Work in confined space, duty of employer etc. as
to 2

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3.86. When employer etc. to ensure person is present

outside confined space 2
3.87. Training in relation to work in confined spaces,
duties of employer etc. as to 2
Division 9 — Safety requirements in relation to
certain work processes
Subdivision 1 — Tilt-up concrete and
precast concrete elements
3.88. Terms used 2
3.88A. Commissioner to be notified of proposed
manufacture of concrete panel 2
3.88B. Concrete panels to be designed etc. in accordance
with standard 2
3.88C. Concrete panel at construction site to be
transported etc. in accordance with standard 2
3.88D. Concrete panel at construction site to be
temporarily braced in accordance with standard 2
3.88E. Concrete panel at construction site to be fixed etc.
in accordance with standard 2
3.88F. Tilt-up work at construction site not to be done
unless Commissioner notified under r. 3.88A 2
3.88G. Construction site where tilt-up work done,
documents required at 2
3.88H. Construction site area where tilt-up work being
done, duty of main contractor etc. to limit entry to 2
3.88I. Certain persons to ensure only trained persons
manufacture etc. concrete panels 2
3.88J. Certain persons to ensure only trained persons do
tilt-up work other than manufacturing concrete
panels 2
Subdivision 2 — Moulding and casting
3.89. Moulding and casting metal, duties of employer
etc. as to 2
3.90. Pits and deep moulds, duties of employer etc. as to 2
3.91. Ladles, duties of employer etc. as to 2
3.92. Foundry, duties of employer etc. as to work at
under moulding box etc. 2
3.93. Moulds etc. for spare metal to be available 2

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Occupational Safety and Health Regulations 1996

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Subdivision 3 — Welding and allied

processes
3.94. Terms used 2
3.95. Fume extraction etc. when welding etc., duty of
employer etc. as to 2
3.96. Welding etc., duties of employer etc. as to 2
3.97. Protective screens when electric welding, duty of
employer etc. as to 2
3.98. Flashback arresters when gas welding etc., duties
of employer etc. as to 2
Subdivision 4 — Spray painting
3.99. Terms used 2
3.100. Spray painting, duty of employer etc. to ensure use
of booth for 2
3.101. Electrostatic spray painting, duties of employer etc.
as to 2
Subdivision 5 — Abrasive blasting
3.102. Terms used 2
3.103. Abrasive blasting equipment, duties of employer
etc. as to 2
3.104. Blasting cabinet or chamber, duties of employer
etc. as to 2
3.105. Blasting chamber, duties of employer etc. as to
lighting and exits for 2
3.106. Abrasive blasting, protective equipment required
for person doing 2
3.107. Radioactive substances not to be used in abrasive
blasting 2
Subdivision 6 — Excavations and
earthworks
3.108. Excavation work, employer etc. to assess means of
reducing risks from 2
3.109. Excavation work, employer etc. to reduce risk from 2
3.110. Excavation work, employer etc. to prevent loads
etc. near 2
3.111. Excavation work etc., duty of employer etc. as to
shoring 2
3.112. Work in certain excavated areas, employer etc. to
ensure another person is nearby 2

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3.113. Buildings etc. near excavation work etc., employer

etc. to protect stability of 2
Subdivision 7 — Demolition
3.114. Terms used 2
3.115. Application of Subdivision 2
3.116. Class 1, 2 or 3 demolition licences, application for
etc. 2
3.117. Class 1, 2 or 3 demolition work not to be done
without or contrary to licence 2
3.118. Class 1, 2 or 3 demolition work, duty of employer
etc. to ensure person doing is licensed 2
3.119. Proposed class 1, 2 or 3 demolition work in
accordance with standard, Commissioner to be
notified of 2
3.120. Proposed class 1, 2 or 3 demolition work not in
accordance with standard, approval of
Commissioner to be sought 2
3.121. Application under r. 3.120, Commissioner’s
functions as to 2
3.122. Class 1, 2 or 3 demolition work not to be done
without notification or approval or until conditions
set 2
3.123. Demolition work other than class 1, 2 or 3
demolition work to be in accordance with standard 2
3.124. Class 1, 2 or 3 demolition work to be in accordance
with standard or approval 2
3.125. Demolition workplace, certain documents to be
kept at 2
3.126. Demolition work involving asbestos, duties of
employer etc. as to 2
3.127. Demolition work area, employer etc. to limit entry
to 2
3.128. Scaffold used in demolition work, requirements for 2
Division 10 — Driving commercial vehicles
3.129. Application of Division 2
3.130. Terms used 2
3.131. Commercial vehicle driver, duties of and in
relation to 2
3.132. Commercial vehicle driver, hours of work 2
3.133. Driver fatigue management plan, requirement for 2

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3.134. Record of commercial vehicle drivers’ work time

etc. 2
Division 11 — Construction industry induction
training
3.135. Terms used 2
3.136. Construction induction training certificate, when
required 2
Division 12 — Construction industry —
consultation on hazards and safety
management etc.
3.137. Terms used 2
3.138. Application of Division 2
3.139. Commercial client, duties of to consult designer
etc. 2
3.140. Designer of work for commercial client to give
client report 2
3.141. Main contractor to keep record of certain
information 2
3.142. Occupational health and safety management plan
for construction site, main contractor’s duties as to 2
3.143. High-risk construction work, safe work method
statements required for 2
Part 4 — Plant
Division 1 — Preliminary
4.1. Terms used 2
Division 2 — Registration of plant design and
items of plant
4.2. Sch. 4.1 plant, design of to be registered etc. 2
4.3. Sch. 4.1 plant, application for registration of design
of 2
4.4. Design verifier to be independent of designer 2
4.5. Design verification statement by Commissioner,
request for etc. 2
4.6. Commissioner may require r. 4.3 applicant to give
other information 2
4.7. Application under r. 4.3, Commissioner’s functions
as to 2
4.8. Assessment fee for r. 4.3 application 2

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4.9. Test required under r. 4.7(1)(c)(ii), procedure for 2

4.10. Design registration number, issue of etc. 2
4.11. Sch. 4.1 plant with altered design not to be used
unless alteration is registered 2
4.12. Altered design of Sch. 4.1 plant, application for
registration of 2
4.13. Confidentiality of design information 2
4.14. Sch. 4.2 plant not to be used unless registered etc. 2
4.15. Sch. 4.2 plant, application for registration etc. 2
4.16. Commissioner may require r. 4.15 applicant to give
other information 2
4.17. Application under r. 4.15, Commissioner’s
functions as to 2
4.18. Assessment fee for r. 4.15 application 2
4.19. Registration number of Sch. 4.2 item of plant, issue
of etc. 2
4.19A. Classified plant (r. 7.7) or designated plant (r. 7.8),
Commissioner to provide evidence of registration
number of 2
4.20. Item of plant to bear registration number etc. 2
4.21. Commissioner may deregister items of plant 2
4.21A. Permanent withdrawal from service of registered
plant, Commissioner to be notified of 2
Division 3 — General duties applying to plant
Subdivision 1 — Kinds of plant to which
this Division applies
4.22. Term used: plant 2
Subdivision 2 — Identification of hazards
and assessing and addressing risks in
relation to plant
4.23. Designer of plant, duties of 2
4.24. Manufacturer of plant, duties of 2
4.25. Importer of plant, duties of 2
4.26. Supplier of plant, duties of 2
4.27. Erector and installer of plant, duties of 2
4.28. Duties of employer etc. as to plant 2
4.29. Means of reducing risks in relation to plant 2

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Subdivision 3 — Information and general

matters in relation to plant
4.30. Designer of plant to give manufacturer information 2
4.30A. Manufacturer of plant to obtain information from
designer 2
4.31. Manufacturer of plant to give supplier information 2
4.31A. Importer of new plant to obtain information from
manufacturer etc. 2
4.32. Importer of plant to give supplier etc. information 2
4.33. Supplier of plant (not by hire or lease) to give
recipient information 2
4.34. Certain plant, duty of employer etc. to keep records
of etc. 2
4.35. Supplier of plant by hire or lease, duties of 2
4.36. Installation etc. of plant, duties of employer etc. as
to 2
4.37. Inspection etc. of plant, duties of employer etc. as
to 2
4.37A. Access to plant for r. 4.37(1)(b) or (c), duties of
employer etc. as to 2
4.38. Damaged plant, repairs etc., duties of employer etc.
as to 2
4.39. Alteration of plant design, duties of employer etc.
in case of 2
4.40. Dismantling, storing or disposing of plant, duties
of employer etc. as to 2
4.41. Plant not to be used etc. so as to become a hazard 2
4.42. Mandatory markings on plant not to be removed
etc. 2
Division 4 — Safety requirements in relation to
certain types of plant
4.43 Pressure equipment and gas cylinders, duties of
employer etc. as to 2
4.44. Powered mobile plant, duties of supplier of and
employer etc. as to 2
4.45. Certain tractors and earthmoving machinery,
protective structures etc. required on 2
4.46. Plant with hot or cold parts or molten metal, duties
of employer etc. as to 2

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4.48 Plant starting etc. automatically etc., duties of

employer etc. as to 2
4.49. Laser, duties of employer etc. as to 2
4.50. Nail gun, duties of user of, employer etc. as to 2
4.51. Explosive powered tool, duty of employer etc. as
to 2
4.52. Amusement structure, duties of employer etc. as to 2
4.53. Plant that lifts, suspends or lowers people or
things, duties of employer etc. as to 2
4.54. Cranes, hoists and building maintenance units,
additional duties of employer etc. as to 2
4.55. Pedestrian operated industrial lift truck, duties of
employer etc. as to 2
4.56. Lift and work in lift well, duties of employer etc.
as to 2
4.57. Lift being constructed or installed, duties of
employer etc. as to 2
Part 5 — Hazardous substances
Division 1 — Preliminary
5.1. Terms used 2
5.2. Application of this Part 2
Division 2 — Hazardous substances generally
5.3. Whether substance is hazardous substance,
manufacturer etc. to determine 2
5.4. Certain unlisted hazardous substances,
manufacturer etc. to notify Commissioner of 2
5.5. MSDS, duties of manufacturer and importer as to 2
5.6. Labelling hazardous substance, supplier’s duties as
to 2
5.7. Generic name for type II ingredient, manufacturer
etc. to notify Commissioner of use of 2
5.8. Information about hazardous substance, supplier’s
duties to provide 2
5.9. Medical emergency, manufacturer etc. to give
certain information to doctor in case of 2
5.10. Supplier to give employer etc. certain information
to enable protection of person exposed at
workplace to hazardous substance 2

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5.11. Employer etc. to obtain MSDS for hazardous

substance etc. 2
5.12. Labelling hazardous substance, duties of employer
etc. as to 2
5.13. Register of hazardous substances, duties of
employer etc. as to 2
5.14. Certain uses of certain hazardous substances
prohibited 2
5.15. Risk from exposure to hazardous substance, duties
of employer to assess etc. 2
5.16. Report of r. 5.15 assessment, when required etc. 2
5.17. Further assessment to r. 5.15 assessment, when
required 2
5.18. Assessment report to be accessible at workplace 2
5.19. Exposure standard, employer etc. to ensure not
exceeded 2
5.20. Risk from exposure to hazardous substance, duties
of employer etc. to reduce 2
5.21. Employers etc. to provide information and training 2
5.22. Monitoring of risk from exposure to hazardous
substance, when required etc. 2
5.23. Health surveillance, duties of employer etc. as to 2
5.24. Appointed medical practitioner providing health
surveillance, duties of 2
5.25. Appointed medical practitioner advising remedial
action, duties of employer etc. in case of 2
5.26. Record keeping, duties of employer etc. as to 2
5.27. Commissioner to keep records given under r. 5.24
and 5.26 2
Division 3 — Certain carcinogenic substances
5.28. Terms used 2
5.29. Concentration of substances for Division 3 to apply 2
5.30. Proposed use of carcinogenic substance at
workplace, employer etc. to notify Commissioner
of 2
5.31. Sch. 5.4 and 5.6 substances not to be used at
workplace without Commissioner’s approval 2
5.32. Sch. 5.5 substance not to be used at workplace
without Commissioner’s approval 2

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5.32A. Article containing Sch. 5.6 substance not to be

used at workplace without Commissioner’s
approval 2
5.33. Notice under r. 5.30, Commissioner’s functions as
to 2
5.34. Carcinogenic substance etc. not to be used until
conditions known 2
5.35. Supplier of carcinogenic substance etc., duties of 2
5.36. Information given under r. 5.30, person giving to
update etc. 2
5.37. Record keeping, duties of employer etc. as to 2
5.38. Record keeping, supplier’s duties as to 2
5.39. Commissioner to keep records given under r. 5.37
and 5.38 2
5.40. Certain exposures of person to carcinogenic
substance, employer etc. to notify Commissioner
of 2
5.41. Person who may be exposed to carcinogenic
substance to be informed of certain matters 2
Division 4 — Further requirements in relation
to certain hazardous substances
Subdivision 1 — Asbestos
5.42. Terms used 2
5.43. Asbestos at workplace etc., employer etc. to locate
etc. 2
5.44. Licence, application for 2
5.45A. Unrestricted asbestos licence, grant of 2
5.45B. Restricted asbestos licence, grant of 2
5.45C. Renewal of licence, application for 2
5.45D. Renewal of licence, grant of 2
5.45E. Conditions on licence 2
5.45F. Duration of licence 2
5.45G. Suspension or cancellation of licence 2
5.45H. Change of address, licence holder to notify
Commissioner of 2
5.45. Asbestos removal work, duties as to 2
5.46. Unrestricted licence holder to notify Commissioner
of employees; register of information 2
5.47. Licence and codes of practice, licence holder’s
duties as to 2

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5.48. Commissioner may direct tests for or removal of

asbestos at workplace etc. 2
5.49. Asbestos dust, employer etc. to prevent exposure to
etc. 2
5.52. Waste asbestos material, disposal of 2
5.53A. Transitional provisions for certain licences in force
at 1 Mar 2010 and for r. 5.45(2A) 2
Subdivision 2 — Lead
5.53. Terms used 2
5.54. Lead-risk job, employer etc. to assess if work is 2
5.55. Prospective employee in lead process, duty to
inform 2
5.56. Health surveillance and counselling, employer etc.
to provide 2
5.57. Suitability of person for lead-risk job, employer
etc. to assess 2
5.58. Employer to inform and train employee etc. 2
5.59. Biological monitoring of person doing lead-risk
job, duties of employer etc. as to 2
5.60. Work involving lead, duties of employer etc. as to 2
5.61. Person working in lead process, duties of 2
5.62. Employee to notify employer if pregnant or
breast-feeding 2
5.63. When employer to remove employee from
lead-risk job 2
5.64. Return to lead-risk job after removal under r. 5.63 2
5.65. Record keeping, employer’s duties as to 2
5.66. Commissioner to keep records given under r. 5.65 2
5.67. Decision by appointed medical practitioner, review
of 2
Subdivision 3 — Styrene
5.68. Term used: lower explosive limit 2
5.69. Styrene monomer vapour, employer etc. to
minimise 2
5.70. Lower explosive limit, employer etc. to ensure not
reached 2
5.71. Exit sign for workplace where styrene monomer
present, duty of employer etc. as to 2

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Subdivision 4 — Isocyanates
5.72. Terms used 2
5.73. Handling and using isocyanate, duties of employer
etc. as to 2
5.74. Decanting isocyanate, duties of employer etc. as to 2
5.75. Container of isocyanate not to be heated in
unventilated space 2
5.76. Isocyanate container etc., employer etc. to ensure
decontamination before re-use etc. 2
5.77. Spillage of isocyanate etc., duties of employer etc.
as to 2
5.78. Certain polyurethane manufacturing, duties of
employer etc. as to workplace for 2
Part 6 — Performance of high risk
work
Division 1 — Preliminary
6.1. Terms used 2
6.2. High risk work licence needed to do high risk work 2
6.3. Certain equipment not to be left unattended while
in use 2
Division 2 — Licences
6.4. Term used: licence 2
6.5. Application for licence 2
6.6. Deciding application for licence 2
6.7. Variation of licence, application for 2
6.8. Deciding application to vary licence 2
6.9. Renewal of licence, application for 2
6.10. Deciding application to renew licence 2
6.11. Duration of licence 2
6.12. Suspending authority to do high risk work of a
particular class, Commissioner’s powers as to etc. 2
6.13. Cancelling authority to do high risk work of a
particular class, Commissioner’s powers as to etc. 2
6.14. Licence document, issue of etc. 2
6.15. Change of address, licensee to notify
Commissioner of 2
6.16. Duplicate licence document, issue of 2
6.17. Commissioner may direct licensee to get
competency assessed 2

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Division 3 — Registration as an assessor

6.18. Term used: registration 2
6.19. Registered assessor, function of 2
6.20. Notice of satisfactory assessment, duties of
assessor before issuing 2
6.21. Application for registration 2
6.22. Deciding application for registration 2
6.23. Variation of registration, application for 2
6.24. Deciding application to vary registration 2
6.25. Renewal of registration, application for 2
6.26. Deciding application to renew registration 2
6.27. Duration of registration 2
6.28. Suspending registration as to particular class of
high risk work, Commissioner’s powers as to etc. 2
6.29. Cancelling registration as to particular class of high
risk work, Commissioner’s powers as to etc. 2
6.30. Certificate of registration, issue of etc. 2
6.31. Duplicate certificate of registration, issue of 2
Division 4 — Miscellaneous
6.32. Registered training organisation to retain records
etc. 2
Part 7 — Repeal, savings and
transitional
Division 1 — Original repeal, savings and
transitional provisions
7.1. Terms used 2
7.2. Interpretation Act 1984 applies 2
7.3. Repeal 2
7.4. Audiograms recorded under certain repealed
regulations, disclosure of restricted 2
7.5. Designated plant of accepted design as at
1 Oct 1996 deemed to be registered for
Part 4 Div. 2 2
7.7. Classified plant with current certificate of
inspection as at 1 Oct 1996 deemed to be registered
for Part 4 Div. 2 2
7.8. Certain designated plant inspected as at 1 Oct 1996
deemed to be registered for Part 4 Div. 2 2

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Division 2 — Savings and transitional

provisions relating to the Occupational
Safety and Health Amendment Regulations
(No. 3) 2007
Subdivision 1 — Preliminary
7.9. Terms used 2
7.10. Interpretation Act 1984, application of 2
Subdivision 2 — Conversion to high risk
work licence
7.11. Evidence of forklift competency, transition period
for 2
7.12. Certificate of competency, effect of in transition
period 2
7.13. Forklift, operating in transition period 2
7.14. Suspending and cancelling certificate of
competency in transition period, Commissioner’s
powers as to 2
7.15. Forklift, Commissioner may stop person operating
in transition period 2
7.16. Licence, application for in transition period 2
7.17. Deciding r. 7.16(1) application for licence etc. 2
7.18. Forklift licence, deciding r. 7.16(2) application for
etc. 2
7.19. Unfinished application as at 1 Oct 2007 for
certificate of competency 2
Subdivision 3 — Assessors
7.20. Assessor as at 1 Oct 2007, status of etc. 2
7.21. Assessor of forklift competency as at 1 Oct 2007,
status of etc. 2
7.22. Unfinished application as at 1 Oct 2007 for
registration as an assessor 2

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Schedule 1 — Australian Standards
and Australian/New Zealand
Standards
Schedule 2 — Forms relating to
general provisions
Schedule 3.1 — Guidelines and forms
of guidance to be available for
access by persons working at
workplaces
Schedule 3.2 — Toxic paint
substances
Division 1 — Solid components
Division 2 — Solvent components
Division 3 — Curing agents
Schedule 4.1 — Kinds of plant
requiring registration of the
design and alterations to design
Schedule 4.2 — Individual items of
plant to be registered
Schedule 4.3 — Standards relating to
design and other requirements in
relation to certain plant
Schedule 5.1 — Description of
ingredients
Division 1 — Ingredients of substances that are
AC classified hazardous substances
Type I ingredients 2
Type II ingredients 2
Type III ingredients 2

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Division 2 — Ingredients of GHS classified

hazardous substances
Term used: hazard class 2
Type I ingredients 2
Type II ingredients 2
Type III ingredients 2

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Schedule 5.2 — Hazardous
substances prohibited for
specified uses or methods of
handling
Schedule 5.3 — Hazardous
substances for which health
surveillance is required
Schedule 5.4 — Carcinogenic
substances to be used only for
bona fide research
Schedule 5.5 — Carcinogenic
substances to be used only for
purposes approved by the
Commissioner
Schedule 5.6 — Carcinogenic
substances — asbestos
Schedule 6.1 — Rate payable for
assessments and tests
Schedule 6.1A — Fees under Part 3
Division 9
Schedule 6.2 — Fees under Part 4
Division 2
Schedule 6.2A — Fees under Part 5
Division 4
Schedule 6.3 — High risk work
Division 1 — Preliminary
1. Terms used 2
Division 2 — Scaffolding work
2. Terms used 2

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3. Scaffolding work, classes of high risk work 2

Division 3 — Dogging work and rigging work
4. Terms used 2
5. Dogging work and rigging work, classes of high
risk work 2
Division 4 — Crane and hoist operation
6. Terms used 2
7. Crane and hoist operation, classes of high risk
work 2
Division 5 — Forklift operation
8. Terms used 2
9. Forklift operation, classes of high risk work 2
Division 6 — Pressure equipment operation
10. Terms used 2
11. Pressure equipment operation, classes of high risk
work 2
Schedule 6.4 — Fees under Parts 6
and 7
Notes
Compilation table 2
Defined terms

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 Western Australia

Occupational Safety and Health Act 1984

Occupational Safety and Health

Regulations 1996

Part 1 — Preliminary and interpretation

Division 1 — Preliminary and definitions
1.1. Citation
These regulations may be cited as the Occupational Safety and
Health Regulations 1996 1.

1.2. Commencement
These regulations come into operation on 1 October 1996.

1.3. Terms used

In these regulations, unless the contrary intention appears —
abrasive blasting, abrasive material, dry abrasive blasting and
wet abrasive blasting have the respective meanings that they
have in regulation 3.102;
approved means approved by the Commissioner;
AS followed by a designation refers to the Australian Standard
having that designation that is published by Standards Australia
and that is referred to in Schedule 1 and includes any
amendment to the document made before the reference to the
document is included in Schedule 1;

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AS/NZS followed by a designation refers to the

Australian/New Zealand Standard having that designation that is
published by Standards Australia and the Standards Council of
New Zealand under an Active Cooperation Agreement between
those 2 bodies and that is referred to in Schedule 1 and includes
any amendment to the document made before the reference to
the document is included in Schedule 1;
asbestos has the meaning that it has in regulation 5.1;
Building Code means the Building Code of Australia as at
1 May 2010 published by or on behalf of the Australian
Building Codes Board and a reference in these regulations to the
class of a building is a reference to the building’s classification
under the Building Code;
building maintenance unit has the meaning that it has in
regulation 4.1;
building or structure includes any erection, edifice, wall,
chimney, fence, bridge, dam, reservoir, wharf, jetty, or ship or
other floating structure, and includes any part of any of those
things;
competent person, in relation to the doing of anything, means a
person who has acquired through training, qualification or
experience, or a combination of those things, the knowledge and
skills required to do that thing competently;
construction site means a workplace at which construction
work is done and includes any adjoining area where plant or
other materials used or to be used in connection with that work
are located or kept and over which the main contractor has
control for the purpose of doing the construction work;
construction work means —
(a) the construction, erection, installation, alteration, repair,
maintenance, cleaning, painting, renewal, removal,
excavation, dismantling or demolition of, or addition to,
any building or structure, or any work in connection
with any of those things, that is done at or adjacent to
the place where the building or structure is located; or

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(b) work on which a hoisting appliance or any scaffold or

shoring is used or intended to be used; or
(c) work in driving or extracting piles, sheet piles or trench
sheet; or
(d) work in laying any pipe or work in lining pipe that is
done at or adjacent to the place where the pipe is laid or
to be laid; or
(e) work in sinking or lining or altering, repairing,
maintaining, renewing, removing, or dismantling a well
or borehole; or
(f) road works, earthworks or reclamation; or
(g) work in laying an underground cable or work related to
laying an underground cable that is done at or adjacent
to the place where the cable is laid or to be laid;
crane has the meaning that it has in regulation 4.1;
danger tag means an accident prevention tag as referred to in
section 5 of AS 1319 that is in the form of a danger sign within
the meaning of that Standard;
demolition has the meaning that it has in regulation 3.114;
earthmoving machinery has the meaning it has in
regulation 4.1;
exhaust system, in relation to a workplace, means a system by
which dust, fumes, mist, gas, vapour or any other airborne
particle is removed from the atmosphere of the workplace and
includes —
(a) a collecting hood, ductwork and fan; and
(b) an air cleaning filtration system; and
(c) an associated motor, collector bin or receptacle;
gas cylinder has the meaning that it has in regulation 4.1;
gear includes a ladder, plank, chain, rope, fastening, coupling,
fitting, hoist-block, stay, pulley, hanger, sling, brace or movable
contrivance of a similar kind, used or intended for use on or in
connection with construction work;

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high risk work licence has the meaning given in

regulation 6.1(1);
hoarding has the meaning that it has in regulation 3.66;
hoist has the meaning that it has in regulation 4.1;
main contractor means —
(a) the person for whose direct benefit all the work done at a
construction site exists upon its completion; or
(b) if the person mentioned in paragraph (a) has engaged
another person, other than as his or her employee, to do
or cause to be done all the work at the construction site,
the other person so engaged;
manufacturing process means a process in or incidental to the
making, assembly, altering, repairing, renovating, preparing,
ornamenting, finishing, cleaning, washing or adapting of any
goods or of any other articles or part thereof for trade, sale or
gain or as ancillary to a business;
medical practitioner means a person registered under the
Health Practitioner Regulation National Law (Western
Australia) in the medical profession;
person having control of a workplace means a person other
than an employee who has, to any extent, control of a workplace
where persons who are not employees of that person work or are
likely to be in the course of that work and where the control is
in connection with the carrying on by that person of a trade,
business or undertaking (whether for profit or not); and includes
a person who has, by virtue of a contract or lease, an obligation
of any extent in relation to the maintenance or repair of a
workplace;
person having control of access to a workplace means a person
other than an employee who has, to any extent, control of the
means of access to and egress from a workplace where the
control is in connection with the carrying on by that person of a
trade, business or undertaking (whether for profit or not); and
includes a person who has, by virtue of a contract or lease, an

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obligation of any extent in relation to the maintenance or repair

of the means of access to or egress from a workplace;
platform means the surface of a plank or other material that is
used to provide access to, or egress from, a place, or for persons
to stand on or load materials or other things onto, or is otherwise
used as a working platform;
pressure vessel has the meaning that it has in regulation 4.1;
registered training organisation means an organisation
registered by a body established under a law of a State or a
Territory to register organisations that provide vocational
education and training as defined in the Vocational Education
and Training Act 1996 section 5;
regulation 1.15 penalty means the penalty specified in
regulation 1.15;
regulation 1.16 penalty means the penalty specified in
regulation 1.16;
scaffold has the meaning that it has in regulation 3.66;
supplied air respirator has the meaning that it has in
regulation 3.37;
welding and allied process, in relation to welding, have the
respective meanings that they have in regulation 3.94.
[Regulation 1.3 amended in Gazette 17 Dec 1999 p. 6228-9;
8  Mar 2002 p. 961- 2; 25 Jun 2004 p. 2291; 22 Oct 2004
p.  4834; 14 Dec 2004 p. 6010; 24 Aug 2007 p. 4257;
31  Jul 2009 p. 3032; 22 Dec 2009 p.  5235; 15 Jan 2010
p.  75; 7 Jan 2011 p. 53; 27 Jul 2012 p. 3667.]

Division 2 — Interpretation
1.4. Employer, extent of duty of
Unless the contrary intention appears, where an employer has a
duty under a provision of these regulations to do or not do
something in relation to a workplace, the employer’s duty —

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(a) relates only to a matter over which, and the extent to

which, the employer has control or can reasonably be
expected to have control having regard to the workplace
and the work done or caused to be done by the employer
or his or her employee; and
(b) is limited to himself or herself and to any other person
who is —
(i) his or her employee; or
(ii) any other person who may be affected wholly or
in part as a result of the work done or caused to
be done by the employer or his or her employee.

1.5. Self-employed person, extent of duty of

Unless the contrary intention appears, where a self-employed
person has a duty under a provision of these regulations to do or
not do something in relation to a workplace, the self-employed
person’s duty —
(a) relates only to a matter over which, and the extent to
which, the self-employed person has control or can
reasonably be expected to have control having regard to
the workplace and the work done or caused to be done
by the self-employed person; and
(b) is limited to himself or herself and to any other person
who may be affected wholly or in part as a result of the
work done or caused to be done by the self-employed
person.

1.6. Main contractor, extent of duty of

Unless the contrary intention appears, where a main contractor
has a duty under a provision of these regulations to do or not do
something in relation to a construction site, the main
contractor’s duty —
(a) relates only to a matter over which, and the extent to
which, the main contractor has control or can reasonably
be expected to have control at the site; and

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(b) is limited to any person who may be affected wholly or

in part as a result of the work done at the site.

1.7. Person having control of workplace, extent of duty of

Unless the contrary intention appears, where a person having
control of a workplace has a duty under a provision of these
regulations to do or not do something in relation to the
workplace, the person’s duty —
(a) relates only to a matter over which, and the extent to
which, the person has control or can reasonably be
expected to have control having regard to the person’s
interest in the workplace; and
(b) is limited to persons who are at the workplace.

1.8. Person having control of access to workplace, extent of duty

of
Unless the contrary intention appears, where a person having
control of access to a workplace has a duty under a provision of
these regulations to do or not do something in relation to the
workplace, the person’s duty —
(a) relates only to a matter over which, and the extent to
which, the person has control or can reasonably be
expected to have control of the access to and egress
from the workplace having regard to the person’s
interest in the access to and egress from the workplace;
and
(b) is limited to persons who use the access to and egress
from the workplace.

1.9. Employee, meaning of

Unless the contrary intention appears, a reference in a provision
of these regulations to an employee is to be treated as a
reference to an employee who works at the workplace to which
the provision applies but, if used in association with a reference
to a workplace or to an employer, the reference is to be treated

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as limited to an employee who works at that workplace or to an

employee of that employer.

1.10. Workplace, meaning of

Unless the contrary intention appears, a reference in a provision
of these regulations to a workplace if used in association with a
reference to —
(a) an employer, is to be treated as limited to the workplace
in respect of which that person is the employer;
(b) an employee, is to be treated as limited to the workplace
at which that employee works;
(c) a self-employed person, is to be treated as limited to the
workplace at which work is done or caused to be done
by that person.

1.11. NOHSC and standards, references to

(1) A reference in any provision of these regulations to a document
which has NOHSC in its name or code is a reference to the
document of that name or code that is published by the
National Occupational Health and Safety Commission and
includes, subject to this regulation, any amendment to the
document made before that provision comes into operation.
(2) A reference in any provision of these regulations to the
National Exposure Standards [NOHSC: 1003 (1995)] is a
reference to the Adopted National Exposure Standards for
Atmospheric Contaminants in the Occupational Environment
[NOHSC: 1003 (1995)] and includes any amendment to the
document made before 1 September 2005.
(3) A reference in any provision of these regulations to the
Guidance Note on the Interpretation of Exposure Standards for
Atmospheric Contaminants in the Occupational Environment
[NOHSC: 3008 (1995)] includes any amendment to the
document made before 4 January 2005.

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[Regulation 1.11 amended in Gazette 12 Sep 1997 p. 5176- 7;

8  Mar 2002 p. 962; 7 Jan 2005 p. 77; 27 Apr 2007 p.  1776.]

1.12. Standards etc., compliance with

Where a provision of these regulations requires a person to
comply with —
(a) an Australian Standard published by Standards
Australia; or
(b) an Australian/New Zealand Standard published by
Standards Australia and the Standards Council of New
Zealand under an Active Cooperation Agreement
between those 2 bodies; or
(c) a standard or other document published by the National
Occupational Health and Safety Commission,
that provision is to be treated as requiring compliance only to
the extent that it is not inconsistent with these regulations.
[Regulation 1.12 amended in Gazette 22 Oct 2004 p. 4834.]

1.13. Technical terms not defined, meaning of

In these regulations, unless the contrary intention appears,
technical terms not otherwise defined have the respective
meanings ordinarily ascribed to them in the industry in relation
to which the term is used.

1.14. AS or AS/NZS, reference to in Sch. 1

Failure to include the number of the regulation in which a
reference is made to an AS or AS/NZS designation in the
regulation reference for that designation in Schedule 1 does not
invalidate the reference to that designation in the regulation.
[Regulation 1.14 inserted in Gazette 17 Dec 1999 p. 6229.]

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1.15. Regulation 1.15 penalty

(1) Subregulation (2) applies where “the regulation 1.15 penalty” is
specified in a penalty provision at the foot of a regulation or
subregulation.
(2) The applicable penalty is —
(a) for a first offence, $5 000; and
(b) for a subsequent offence, $6 250.
[Regulation 1.15 inserted in Gazette 14 Dec 2004 p. 6010.]

1.16. Regulation 1.16 penalty

(1) Subregulation (2) applies where “the regulation 1.16 penalty” is
specified in a penalty provision at the foot of a regulation or
subregulation.
(2) The applicable penalty is —
(a) in the case of an individual —
(i) for a first offence, $25 000; and
(ii) for a subsequent offence, $31 250;
or
(b) in the case of a body corporate —
(i) for a first offence, $50 000; and
(ii) for a subsequent offence, $62 500.
[Regulation 1.16 inserted in Gazette 14 Dec 2004 p. 6010.]

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Part 2 — General
Division 1 — Matters prescribed for purposes of the Act
2.1. Laws prescribed (Act s. 14(1)(b))
The laws and provisions of laws relating to occupational safety
and health that are set out in the Table to this regulation are
prescribed for the purposes of section 14(1)(b) of the Act.
Table
Law Provisions of that law
Mines Safety and Inspection Act 1994 All

2.2. Introductory and transitional courses for, and entitlements

under Act s. 35(3) of, safety and health representatives
(1) This regulation applies where, under section 14(1)(h) of the Act,
the Commission —
(a) accredits a training course designed for safety and health
representatives to attend, subject to course availability,
during the first year of holding office; or
(b) accredits a training course designed to update the
knowledge of safety and health representatives who
have completed an introductory course.
(2) In this regulation —
introductory course means a course of a kind referred to in
subregulation (1)(a) accredited as referred to in that provision;
representative means a safety and health representative;
transitional course means a course of a kind referred to in
subregulation (1)(b) accredited as referred to in that provision.
(3) A representative, subject to the availability of introductory
courses, is to endeavour to attend an introductory course within
the first 12 months of being elected.

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(4) A representative who has not previously attended an

introductory course may give to his or her employer notice in
writing in accordance with subregulation (4b) that the
representative wishes to attend an introductory course.
(4a) A representative who has previously attended an introductory
course but completed it before March 2005 may, if the
representative has not completed a transitional course after
February 2005, give to his or her employer notice in writing in
accordance with subregulation (4b) that the representative
wishes to attend a transitional course.
(4b) Notice under subregulation (4) or (4a) that a representative
wishes to attend a course has to be given not less than 21 days,
or a shorter period agreed between the representative and the
employer, before the commencement of the course.
(5) If a representative has given notice under subregulation (4) or
(4a) that he or she wishes to attend a course then the employer,
subject to subregulation (7), is to permit the representative to
take off work, with pay, such time, not exceeding 5 days, as is
required for the purpose of attending that course.
(6) An employer who has been given notice under subregulation (4)
or (4a) by a representative wishing to attend a course may
consult with the representative or the relevant trade union
concerning the attendance of the representative at that course
and, in those consultations, due regard is to be given to the need
to minimise any adverse effect on the operation of the business
of the employer.
(7) If the employer has consulted under subregulation (6) with the
representative or trade union concerned, the employer may
decline to permit attendance at the course as wished but instead
permit attendance at the next course of the same kind available
that the representative wishes to attend.
(8) The pay to which a representative is entitled in respect of time
the representative is permitted to take off work to attend an
introductory course or a transitional course must be calculated at

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the representative’s ordinary rate of pay on the time that the

representative would ordinarily have worked had the
representative worked his or her scheduled work time —
(a) including —
(i) regular over award payments for ordinary hours
of work; and
(ii) shift work premiums according to roster or
projected roster including Saturday or public
holiday shift; and
(iii) industry allowances; and
(iv) climatic, regional, and other like allowances; and
(v) first aid allowances; and
(vi) tool allowances; and
(vii) qualification allowances; and
(viii) service grants made on a regular basis; and
(ix) experience allowances; and
(x) any penalty rates that are paid in relation to
actual hours worked or payment of which are
guaranteed by a contract of service whether the
hours were required to be worked or not;
(b) but not including —
(i) overtime payments (except if they form part of
the contract of service); or
(ii) camping allowances; or
(iii) travelling allowances; or
(iv) disability rates such as for confined spaces and
dirty work; or
(v) car allowances; or
(vi) meal allowances,
but nothing in this subregulation excludes an entitlement to
additional payments that may be set out in an award or agreed
between the employer and the representative as being
applicable.

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(9) An employer must not alter the conditions or remuneration of a

person who is a representative to the detriment of that person
unless the alteration is in accordance with this regulation.
Penalty:
(a) in the case of an individual —
(i) for a first offence, $10 000; and
(ii) for a subsequent offence, $12 500;
or
(b) in the case of a body corporate —
(i) for a first offence, $20 000; and
(ii) for a subsequent offence, $25 000.
(10) Attendance at an introductory course or a transitional course is
to be regarded as service for the purposes of ascertaining any
entitlement under an award.
(11) In subregulation (8) —
award means —
(a) an award under the Industrial Relations Act 1979, and
includes any industrial agreement or order under that
Act; or
(b) an award or order that has been reduced to writing under
section 143(1) of the Industrial Relations Act 1988 2 of
the Commonwealth; or
(c) an enterprise flexibility agreement within the meaning of
the Industrial Relations Act 1988 2 of the
Commonwealth; or
(d) an award under the Coal Industry Tribunal of Western
Australia Act 1992, and includes any order under that
Act and any agreement that comes within section 12(4)
or 17(1) of that Act.
[Regulation 2.2 amended in Gazette 15 Aug 2003 p. 3689;
amended in Gazette 14 Dec 2004 p. 6016; 4 Mar 2005
p.  881-3.]

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2.3. Subsequent courses for, and entitlements under Act s. 35(3)

of, safety and health representatives
(1) This regulation applies where, under section 14(1)(h) of the Act,
the Commission accredits a training course suitable for
attendance by safety and health representatives, subject to
course availability, during each 2 year term of holding office
following the first 2 year term.
(2) In this regulation —
post- introductory course means a course of a kind referred to in
subregulation (1);
representative means a safety and health representative.
(3) A representative may take such time (with or without pay as is
agreed between the representative and his or her employer) off
work for the purpose of attending a post-introductory course as
is agreed with his or her employer.
(4) Attendance at a post-introductory course is to be regarded as
service for the purposes of ascertaining any entitlement under an
award.

2.4. Injuries etc. prescribed (Act s. 23I)

(1) For the purposes of section 23I(2)(a) of the Act, the kinds of
injury incurred by an employee to be notified by an employer to
the Commissioner are —
(a) a fracture of the skull, spine or pelvis;
(b) a fracture of any bone —
(i) in the arm, other than in the wrists or hand;
(ii) in the leg, other than a bone in the ankle or foot;
(c) an amputation of an arm, a hand, finger, finger joint, leg,
foot, toe or toe joint;
(d) the loss of sight of an eye;

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(e) any injury other than an injury of a kind referred to in

paragraphs (a) to (d) which, in the opinion of a medical
practitioner, is likely to prevent the employee from
being able to work within 10 days of the day on which
the injury occurred.
(2) For the purposes of section 23I(3) of the Act, notification of an
injury to which section 23I(2)(a) of the Act applies is to be
made —
(a) in the form of Form 1 in Schedule 2; or
(b) by telephone.
(3) The prescribed particulars for the purposes of the notification of
an injury to which section 23I(2)(a) of the Act applies are —
(a) name and business address of the employer; and
(b) name, sex and occupation of the employee; and
(c) address of the place at which the injury was incurred;
and
(d) date and time the injury was incurred; and
(e) brief description of how the injury was incurred and the
type of machine or equipment, if any, involved; and
(f) nature of the injury or, where applicable, report of death;
and
(g) the place to which the employee has been taken.
[Regulation 2.4 amended in Gazette 14 Dec 2004 p. 6011.]

2.5. Diseases etc. prescribed (Act s. 23I)

(1) For the purposes of section 23I(2)(a) of the Act, the kinds of
disease affecting an employee to be notified by an employer to
the Commissioner are the diseases set out in column 1 of the
Table to this regulation that have been contracted in the course
of the kind of work set out opposite that disease in column 2 of
the Table.

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Table
Disease Work
1. Infectious diseases: Work involving exposure to
tuberculosis human blood products,
viral hepatitis body secretions, excretions
legionnaires’ disease or other material which may
HIV be a source of infection
2. Occupational zoonoses: Work involving the
Q fever handling of or contact with
Anthrax animals, animal hides,
Leptospiroses skins, wool, hair, carcasses
Brucellosis or animal waste products
(2) For the purposes of section 23I(3) of the Act, notification of a
disease to which section 23I(2)(a) of the Act applies is to be
made —
(a) in the form of Form 2 in Schedule 2; or
(b) by telephone.
(3) The prescribed particulars for the purposes of the notification of
a disease to which section 23I(2)(a) of the Act applies are —
(a) name and business address of the employer; and
(b) name, sex and occupation of the employee; and
(c) name and address of the workplace where the employee
works; and
(d) name of the disease; and
(e) date of diagnosis of the disease.
[Regulation 2.5 amended in Gazette 14 Dec 2004 p. 6011.]

2.6. Procedure prescribed (Act s. 24(2))

(1) If no procedure has been agreed between an employer and
employees for the resolution of issues relating to occupational

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safety and health arising at the workplace then this regulation

applies for the purposes of section 24(2) of the Act.
(2) Subject to subregulation (3), where there is a safety and health
representative in respect of the workplace the employer is to
arrange to meet with the employees and that representative at a
time that is as soon after the issue arises as is mutually
convenient.
(3) Where there is a safety and health representative in respect of
the workplace but it is not practicable for the employer to meet
with the employees and that representative within a reasonable
time, the employer is to communicate orally with the employees
and that representative at a time that is as soon after the issue
arises as is mutually convenient.
(4) Where there is not a safety and health representative in respect
of the workplace concerned, the employer is to arrange to meet
with the employees or a person authorised by them to represent
them at that meeting at a time that is as soon after the issue
arises as is mutually convenient.

[2.7. Deleted in Gazette 6 Jan 2006 p. 11.]

2.8. Forms prescribed (Act s. 51)

(1) A reference under section 51(1) of the Act of an improvement
notice issued under section 48 of the Act for review is to be
made in the form of Form 4 in Schedule 2.
(2) A reference under section 51(1) of the Act of a prohibition
notice issued under section 49 of the Act for review is to be
made in the form of Form 5 in Schedule 2.
[Regulation 2.8 amended in Gazette 1 Apr 2005 p. 1067;
9 Dec 2005 p. 5898; 9 Jul 2010 p. 3247.]

[2.8A. Deleted in Gazette 15 Jan 2010 p. 75.]

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2.8B. Courses of training prescribed (Act s. 51AB qualified

representative)
(1) Each course of training described in subregulation (2) is
prescribed for the purposes of the definition of qualified
representative in section 51AB.
(2) The prescribed courses are —
(a) a course that was an introductory course, as defined in
regulation 2.2(2), and that the safety and health
representative completed after February 2005; and
(b) a course that was a transitional course, as defined in
regulation 2.2(2), and that the safety and health
representative completed after February 2005 after
having, before March 2005, completed a course that was
an introductory course, as defined in regulation 2.2(2).
[Regulation 2.8B inserted in Gazette 4 Mar 2005 p. 883.]

Division 2 — Administrative provisions
2.9. Plant subject of improvement or prohibition notice,
marking and use etc. of
If an inspector issues an improvement notice or a prohibition
notice that relates to any plant at a workplace then the inspector
may mark the plant, or any part of it, to indicate that it is not to
be used and a person must not —
(a) use, or cause to be used, any plant, or any part of it, that
is marked to indicate that it is not to be used; or
(b) without the authority of an inspector to do so, remove,
obliterate, or otherwise interfere with the mark.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[Regulation 2.9 amended in Gazette 14 Dec 2004 p. 6017.]

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2.10. Local government to notify Commissioner of construction

work permits
Each local government is to notify the Commissioner, in an
approved form and within the first week of each month, of all
permits issued by the local government within the previous
month in relation to the commencement of construction work in
the local government’s district.

2.11. Medical examination of employee, Commissioner may direct

etc.
(1) The Commissioner may, by written notice, direct an employer
to arrange at the expense of the employer and within the time
specified in the notice a medical examination of an employee
whose name is specified in the notice.
(2) The Commissioner is to set out in any notice under
subregulation (1) the purpose of the proposed medical
examination.
(3) The Commissioner is to ensure that, before the medical
examination is conducted, the employee is advised of the nature
of, and the reasons for, the medical examination so that the
employee is sufficiently informed for the purposes of making a
choice in the selection of a medical practitioner.
(4) For the purposes of selecting a medical practitioner to conduct a
medical examination under this regulation, an employer must
consult with the employee to be examined and give the
employee a reasonable choice in the selection of the medical
practitioner.
(5) An employer must comply with a notice under subregulation (1)
unless the employee does not agree to the selection of the
medical practitioner or consent to undergoing the examination,
proof of which is on the employer.

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(6) A medical practitioner who conducts an examination under this

regulation must —
(a) explain any test results to the employee and give the
employee a copy of any test results; and
(b) give to the employee a copy of any medical report based
on the test results or medical examination; and
(c) give a copy of the test results to the Commissioner; and
(d) on the written request of the person examined, supply
the medical practitioner’s findings on the examination to
another medical practitioner who has been nominated by
the person examined.
(7) The Commissioner is to inform the employer of —
(a) the outcome of the medical examination; and
(b) any need for remedial action.
(8) The employer must ensure that the results of a medical
examination under this section are treated as confidential
records.
Penalty applicable to subregulations (4), (5), (6) and (8):
(a) in the case of an individual —
(i) for a first offence, $10 000; and
(ii) for a subsequent offence, $12 500;
or
(b) in the case of a body corporate —
(i) for a first offence, $20 000; and
(ii) for a subsequent offence, $25 000.
[Regulation 2.11 amended in Gazette 14 Dec 2004 p. 6012.]

2.12. Exemption from regulation where substantial compliance

(1) A person may apply to the Commissioner for a person who, or a
workplace which, does not fully comply with a requirement of

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these regulations to be exempted from the requirement and the

application is to be in an approved form.
(2) If, on an application under subregulation (1), the Commissioner
is satisfied that there is substantial compliance with the relevant
requirements of these regulations then the Commissioner may
exempt the person or workplace from the requirement and the
exemption is to be in writing and may be made subject to such
conditions as are specified by the Commissioner.
(3) If the Commissioner imposes a condition in relation to an
exemption granted under subregulation (2) then a person having
the benefit of the exemption must comply with the condition.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
(4) The Commissioner may, at any time, revoke an exemption
granted under subregulation (2) and the revocation takes effect
on the day on which notice of the revocation posted to the
person’s last known address would have been delivered in the
ordinary course of post.
[Regulation 2.12 amended in Gazette 14 Dec 2004 p. 6017.]

2.13. Exemption from regulation where compliance unnecessary

or impracticable
(1) A person may apply to the Commissioner for a person or a
workplace to be exempted from complying with a requirement
of these regulations and the application is to be in an approved
form.
(2) If, on an application under subregulation (1), the Commissioner
is satisfied that compliance with any requirement of these
regulations would be unnecessary or impracticable then the
Commissioner may exempt the person or workplace from the
requirement and the exemption is to be in writing and may be

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made subject to such conditions as are specified by the

Commissioner.
(3) If the Commissioner imposes a condition in relation to an
exemption granted under subregulation (2), a person having the
benefit of the exemption must comply with the condition.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
(4) The Commissioner may, at any time, revoke an exemption
granted under subregulation (2) and the revocation takes effect
on the day on which notice of the revocation posted to the
person’s last known address would have been delivered in the
ordinary course of post.
[Regulation 2.13 amended in Gazette 14 Dec 2004 p. 6017.]

2.14. Exemption from fees

If the Commissioner is satisfied that plant —
(a) is owned by a charitable non-profit making institution or
organisation; or
(b) is used solely for the purpose of education or instruction,
then the Commissioner may, by notice in the Government
Gazette, exempt a person who would otherwise be liable to pay
a fee under these regulations in relation to that plant from that
liability.

Division 3 — Review of decisions under these regulations

2.15. Decision by person other than Commissioner, review of
(1) This regulation applies in respect of a decision made under
these regulations by a person other than the Commissioner,
whether or not the decision was made by that person as a
delegate of the Commissioner.

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(2) A person who is not satisfied with a decision referred to in

subregulation (1) may, within 14 days of receiving notice of the
decision, refer the decision to the Commissioner for review
setting out the grounds upon which a review of the decision is
sought.
(3) On reference of a decision to the Commissioner for review
under this regulation the Commissioner is to inquire into the
circumstances relevant to the decision and may —
(a) affirm the decision; or
(b) set aside the decision; or
(c) substitute for the decision any decision that the
Commissioner considers should have been made in the
first instance,
and the determination of the matter by the Commissioner is to
have effect according to its tenor.

[2.16. Deleted in Gazette 9 Jul 2010 p. 3247.]

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Part 3 — Workplace safety requirements

Division 1 — General duties applying to workplaces
3.1. Identification of hazards, and assessment and reduction of
risks, duties of employer etc. as to
A person who, at a workplace, is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must, as far as practicable —
(a) identify each hazard to which a person at the workplace
is likely to be exposed; and
(b) assess the risk of injury or harm to a person resulting
from each hazard, if any, identified under paragraph (a);
and
(c) consider the means by which the risk may be reduced.
Penalty: the regulation 1.16 penalty.
[Regulation 3.1 amended in Gazette 14 Dec 2004 p. 6018.]

3.2. Person at workplace to have access to Act etc. on request

A person who, at a workplace, is an employer or the main
contractor must ensure that, as soon as practicable following a
request from a person who works at the workplace, there is
available for that person’s perusal an up to date copy of —
(a) the Act; and
(b) these regulations; and
(c) all Australian Standards, Australian/New Zealand
Standards and NOHSC documents or parts of those
Standards or documents referred to in these regulations
that apply to that workplace; and
(d) all codes of practice approved under section 57 of the
Act that apply to that workplace; and

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(e) guidelines or forms of guidance referred to in section 14

of the Act —
(i) the titles of which have been published in the
Government Gazette and which are set out in
Schedule 3.1; and
(ii) which apply to that workplace.
Penalty:
(a) in the case of an individual —
(i) for a first offence, $2 000; and
(ii) for a subsequent offence, $2 500;
or
(b) in the case of a body corporate —
(i) for a first offence, $4 000; and
(ii) for a subsequent offence, $5 000.
[Regulation 3.2 amended in Gazette 14 Dec 2004 p. 6012.]

3.3. Isolated employee to have communication for emergency

etc.
If an employee is isolated from other persons because of the
time, location or nature of the work then the employer must
ensure that —
(a) there is a means of communication available which will
enable the employee to call for help in the event of an
emergency; and
(b) there is a procedure for regular contact to be made with
the employee and the employee is trained in the
procedure.
Penalty: the regulation 1.16 penalty.
[Regulation 3.3 amended in Gazette 14 Dec 2004 p. 6018.]

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3.4. Manual handling, duties of employer etc. as to

(1) In this regulation —
manual handling means any activity requiring the use of force
exerted by a person to lift, lower, push, pull, carry or otherwise
move, hold or restrain a person, animal or thing.
(2) Without limiting regulation 3.1, a person who, at a workplace, is
an employer, the main contractor or a self-employed person
must, as far as practicable —
(a) identify each hazard that is likely to arise from manual
handling at the workplace; and
(b) assess the risk of injury or harm to a person resulting
from each hazard, if any, identified under paragraph (a);
and
(c) consider the means by which the risk may be reduced.
Penalty: the regulation 1.16 penalty.
[Regulation 3.4 amended in Gazette 14 Dec 2004 p. 6018.]
3.5. Reported hazard etc., employer to investigate
If an employer receives from an employee a report of a kind
described in section 20(2)(d) of the Act or from a safety and
health representative under section 33(1)(d) of the Act then the
employer must, within a reasonable time, investigate the
situation that has been reported.
Penalty: the regulation 1.16 penalty.
[Regulation 3.5 amended in Gazette 14 Dec 2004 p. 6018.]
3.6. Movement of people, duties of employer etc. as to
A person who, at a workplace, is an employer, the main
contractor, a self-employed person or a person having control of
the workplace must, where practicable, ensure that the
workplace is arranged so that —
(a) persons are able to move safely within the workplace;
and

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(b) passages for the purpose of enabling persons to move

within the workplace are at all times kept free of
obstructions.
Penalty: the regulation 1.16 penalty.
[Regulation 3.6 amended in Gazette 14 Dec 2004 p. 6018.]
3.7. Access to and egress from workplace, duties of employer etc.
as to
A person who, at a workplace, is an employer, the main
contractor, a self-employed person or a person having control of
access to the workplace must, where practicable, ensure that the
means of access to and egress from the workplace —
(a) enable persons to move safely to and from the
workplace; and
(b) are at all times kept free of obstructions.
Penalty: the regulation 1.16 penalty.
[Regulation 3.7 amended in Gazette 14 Dec 2004 p. 6018.]
3.8. Emergency egress from workplace, duty of employer etc. as to
A person who, at a workplace, is an employer, the main
contractor, a self-employed person or a person having control of
access to the workplace must ensure that the means of
emergency egress from the workplace enable safe egress from
the workplace in the event of an emergency.
Penalty: the regulation 1.16 penalty.
[Regulation 3.8 amended in Gazette 14 Dec 2004 p. 6018.]
3.9. Fire precautions, duties of employer etc. as to
(1) If there is a risk of fire at a workplace then a person who, at the
workplace, is an employer, the main contractor, a self-employed
person or a person having control of the workplace must, as far
as practicable —
(a) provide regularly maintained and efficient portable fire
extinguishers to control any fire likely to arise from the
work being done at the workplace; and

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(b) ensure that portable fire extinguishers are located and

distributed at the workplace in accordance with
AS 2444.
Penalty: the regulation 1.16 penalty.
(2) If, in any part of a workplace —
(a) there are goods or materials which in the event of a fire
are likely to burn with extreme rapidity, emit poisonous
fumes or cause explosions; and
(b) there is a risk of harm or injury to a person at the
workplace resulting from the goods or materials being
ignited,
then a person who, in the case of a construction site, is the main
contractor or who, in the case of any other workplace, is an
employer or a self-employed person, must ensure, where
practicable, that no person smokes or introduces a naked flame
into that part of the workplace.
Penalty: the regulation 1.16 penalty.
(3) A person must comply with a direction given for the purposes of
subregulation (2).
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[Regulation 3.9 amended in Gazette 14 Dec 2004 p. 6017
and 6018.]

3.10. Evacuation procedure, duties of employer etc. as to

A person who, at a workplace, is an employer, the main
contractor, a self-employed person or a person having control of
the workplace must ensure that —
(a) there is an evacuation procedure to be followed in the
event of fire or other emergency at the workplace; and

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(b) where practicable, the evacuation procedure is clearly

and prominently displayed at the workplace; and
(c) where practicable, a diagram showing the location of
exits and the position of the diagram in relation to the
exits is clearly and prominently displayed at the
workplace; and
(d) where practicable, the evacuation procedure is practised
at the workplace at reasonable intervals; and
(e) persons at the workplace who would be required to help
control or extinguish a fire at the workplace are
appropriately trained and provided with appropriate
protective clothing and equipment.
Penalty: the regulation 1.16 penalty.
[Regulation 3.10 amended in Gazette 14 Dec 2004 p. 6018.]

3.11. Warning signs for hazards, duties of employer etc. as to

Without limiting any other requirement of these regulations for
the display of signs, if, in an area of a workplace there is a
hazard which may not be readily apparent to a person working
in or entering the area then a person who, at the workplace, is an
employer, the main contractor, a person having control of the
workplace or a person having control of access to the workplace
must ensure that —
(a) a sign relevant to each hazard is displayed to persons in
or entering the area; and
(b) the sign complies, and is used in accordance, with
AS 1319.
Penalty: the regulation 1.16 penalty.
[Regulation 3.11 amended in Gazette 14 Dec 2004 p. 6018.]
3.12. First aid, duties of employer etc. as to
(1) In this regulation —
first aid means the immediate treatment or care of a person who
is injured or who becomes ill at a workplace.

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(2) A person who, at a workplace, is an employer, the main

contractor or a self-employed person —
(a) must provide such first aid facilities as are appropriate
having regard to —
(i) the type of hazards to persons at the workplace
and the risk of those hazards; and
(ii) the number of persons at the workplace;
and
(b) must ensure that, as far as practicable, persons trained in
first aid are available to give first aid at the workplace
having regard to —
(i) the type of hazards to persons at the workplace
and the risk of those hazards; and
(ii) the number of persons at the workplace.
Penalty: the regulation 1.16 penalty.
[Regulation 3.12 amended in Gazette 14 Dec 2004 p. 6018.]

3.13. Lighting, duties of employer etc. as to

A person who, at a workplace, is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure that lighting for the workplace from
natural or artificial sources or both —
(a) is adequate having regard to the nature and location of
the work being done; and
(b) without limiting regulation 3.6, is adequate for the
movement of persons about the workplace.
Penalty: the regulation 1.16 penalty.
[Regulation 3.13 amended in Gazette 14 Dec 2004 p. 6018.]

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3.14. Work space for employee, employer’s duty as to

An employer must, as far as practicable, provide each employee
with sufficient space in which to work without risk to the
employee’s safety and health.
Penalty: the regulation 1.16 penalty.
[Regulation 3.14 amended in Gazette 14 Dec 2004 p. 6018.]

3.15. Air temperature etc., employer’s duties as to

An employer must ensure —
(a) that work practices are arranged so that employees are
protected from extremes of heat and cold; and
(b) if the workplace is in a building or structure that, as far
as practicable, heating and cooling are provided to
enable employees to work in a comfortable
environment.
Penalty:
(a) in the case of an individual —
(i) for a first offence, $10 000; and
(ii) for a subsequent offence, $12 500;
or
(b) in the case of a body corporate —
(i) for a first offence, $20 000; and
(ii) for a subsequent offence, $25 000.
[Regulation 3.15 amended in Gazette 14 Dec 2004 p. 6016.]
3.16. Drinking water, duties of employer etc. as to
(1) A person who, at a workplace, is an employer or the main
contractor must ensure that a supply of clean, cool, drinking
water is provided for, and is readily accessible to, persons
working at the workplace, and that the outlet is in a place —
(a) where the water supply is unlikely to be contaminated;
and

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(b) other than a place in which a toilet is located.

(2) If, at a workplace —
(a) water is provided for use in industrial processes or for
fire protection; and
(b) the water is unfit for drinking; and
(c) it is not readily apparent that the water is unfit for
drinking,
then a person who, at the workplace, is an employer or the main
contractor or a person having control of the workplace must
ensure that conspicuous notices are posted at points of supply
clearly marked “UNFIT FOR DRINKING” or with words
having a similar effect.
Penalty applicable to subregulations (1) and (2):
(a) in the case of an individual —
(i) for a first offence, $10 000; and
(ii) for a subsequent offence, $12 500;
or
(b) in the case of a body corporate —
(i) for a first offence, $20 000; and
(ii) for a subsequent offence, $25 000.
[Regulation 3.16 amended in Gazette 14 Dec 2004 p. 6012.]

3.17. Cleanliness of workplace and rubbish etc. removal, duties of

employer etc. as to
(1) A person who, at a workplace, is an employer, the main
contractor, a self-employed person or a person having control of
the workplace must ensure that —
(a) the workplace and other areas ancillary to the workplace
are maintained in such clean condition as is necessary to
avoid hazards to persons at the workplace; and
(b) where practicable, rubbish and debris are removed by
mechanical means; and

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(c) as far as practicable, dust is prevented from being

released into the atmosphere.
(2) A person who, at a construction site, is the main contractor, an
employer or a self-employed person must ensure that rubbish,
building material and plant is stored away from footpaths and
roadways at the site.
(3) A person who, at a construction site, is the main contractor, an
employer, or a self-employed person must ensure that debris
from first and subsequent storeys at the site is removed by
means of —
(a) a hoisting appliance; or
(b) a completely enclosed chute discharging either into
disposal hoppers or into an area which is completely
enclosed by a hoarding that is at least 2 metres in height.
Penalty applicable to subregulations (1), (2) and (3): the
regulation 1.16 penalty.
[Regulation 3.17 amended in Gazette 14 Dec 2004 p. 6018.]

3.18. Floors, stairs etc., duties of employer etc. as to

(1) A person who, at a workplace, is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure that as far as practicable —
(a) the floor of the workplace; or
(b) any stair or ramp in the workplace,
has an unbroken and slip resistant surface and is free from any
obstruction that may cause a person to trip or fall.
(2) If, at a workplace, there is a risk of liquids coming into contact
with a floor because of the nature of work done at the workplace
then a person who, at the workplace, is an employer, the main
contractor or a self-employed person must ensure that the floor
is designed and constructed to provide adequate drainage.

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(3) This regulation does not apply to a natural ground surface

comprising a floor.
Penalty applicable to subregulations (1) and (2): the
regulation 1.16 penalty.
[Regulation 3.18 amended in Gazette 14 Dec 2004 p. 6018.]

3.19. Seating, employer’s duties as to

(1) If an employee’s work is done from a sitting position or is of a
kind that can be satisfactorily done from a sitting position then
the employer must provide and maintain seating —
(a) that is designed having regard to the nature of the work
to be performed and the characteristics of the work
station; and
(b) that is strongly constructed, stable, comfortable and of
suitable size and height for the employee; and
(c) if practicable, has a backrest or is otherwise designed to
provide back support.
(2) If an employee’s work is done from a standing position and the
employee’s work allows the employee to sit from time to time
then, to the extent practicable, the employer must provide and
maintain seating so that the employee may sit down for the
periods when the employee is not working.
Penalty applicable to subregulations (1) and (2):
(a) in the case of an individual —
(i) for a first offence, $10 000; and
(ii) for a subsequent offence, $12 500;
or
(b) in the case of a body corporate —
(i) for a first offence, $20 000; and
(ii) for a subsequent offence, $25 000.
[Regulation 3.19 amended in Gazette 14 Dec 2004 p. 6013.]

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3.20. Sanitary etc. facilities, duties of employer etc. as to

(1) In this regulation —
other facility means an area for the changing of clothes,
showering, eating, drinking or resting;
sanitary facilities means toilets (including urinals), hand-wash
basins and units for the disposal of sanitary items.
(2) A person who, at a workplace, is an employer, the main
contractor, a self-employed person or a person having control of
the workplace must ensure that there are provided at the
workplace for the use of persons working at the workplace —
(a) reasonable sanitary facilities, having regard to the
reasonable requirements of the persons working at the
workplace; and
(b) convenient access to sanitary facilities; and
(c) any other facility if the safety or health of a person
working at the workplace would be at risk if the facility
were not provided.
Penalty:
(a) in the case of an individual —
(i) for a first offence, $10 000; and
(ii) for a subsequent offence, $12 500;
or
(b) in the case of a body corporate —
(i) for a first offence, $20 000; and
(ii) for a subsequent offence, $25 000.
[Regulation 3.20 amended in Gazette 14 Dec 2004 p. 6016.]

3.21. Gas etc. services, employer etc. to record location of etc.

(1) If there is a risk that work to be conducted at a workplace might
interfere with any gas, water, sewerage or electrical service then
a person who, at the workplace, is an employer, the main

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contractor, a self-employed person or a person having control of

the workplace must ensure that —
(a) the location of the service that might be affected is
established; and
(b) an accurate diagrammatic representation of the service
that might be affected is available at the workplace
before the work commences.
(2) If any person causes the location of any gas, water, sewerage or
electrical service to a workplace to be changed then a person
who, at the workplace, is an employer, the main contractor, a
self-employed person or a person having control of the
workplace must ensure that an accurate diagrammatic
representation of the change to the service is either prepared or
amended, as the case requires, to show the change.
(3) A person who, at a workplace, is an employer, the main
contractor, a self-employed person or a person having control of
the workplace must ensure, where practicable, that “as
constructed” drawings showing the location of gas, water,
sewerage and electrical service to the workplace are kept at the
workplace.
Penalty applicable to subregulations (1), (2) and (3):
(a) in the case of an individual —
(i) for a first offence, $10 000; and
(ii) for a subsequent offence, $12 500;
or
(b) in the case of a body corporate —
(i) for a first offence, $20 000; and
(ii) for a subsequent offence, $25 000.
[Regulation 3.21 amended in Gazette 14 Dec 2004 p. 6013.]
3.22. Moving vehicles etc., duties of employer etc. as to

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A person who, at a workplace, is an employer, the main

contractor or a person having control of the workplace must
ensure that the movement and speed of vehicles and plant at the
workplace are managed in a way that minimises the risk of
injury to pedestrians and persons operating vehicles.
Penalty:
(a) in the case of an individual —
(i) for a first offence, $10 000; and
(ii) for a subsequent offence, $12 500;
or
(b) in the case of a body corporate —
(i) for a first offence, $20 000; and
(ii) for a subsequent offence, $25 000.
[Regulation 3.22 amended in Gazette 14 Dec 2004 p. 6016.]

3.23. Material etc. being lifted etc. by crane etc. at construction

site, duties of main contractor etc. as to
(1) If any material or gear is being lifted, lowered or otherwise
moved by a crane at a construction site then the main contractor
must ensure that persons and vehicles are prevented from
entering any area in or adjacent to the site where there is a risk
of injury to persons or damage to property occurring as a result
of the movement of the material or gear, and that such
prevention is —
(a) by means of warning signs, flashing lights, barriers,
traffic controllers or other means as would be
appropriate to the nature of the load; and
(b) with the minimum amount of disruption to persons and
traffic in the area.
(2) If an area of a construction site where any material or gear is
being lifted, lowered or otherwise moved from or onto the area
is open to the public or if an inspector so requires it then a
person who, at the site, is the main contractor, an employer, or a

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self-employed person must ensure that there is either in place or

available in the area a system or device that would prevent
persons or vehicles entering the area when the material or gear
is being lifted, lowered or otherwise moved.
(3) A person who, at a construction site, is the main contractor, an
employer or a self-employed person must ensure that any
material or gear that is being raised or otherwise moved or
suspended or supported at the site is properly secured so as to
minimise the risk of injury to persons or damage to property
occurring as a result of the movement of the material or gear.
(4) If a mobile crane, other than a vehicle loading crane or
earthmoving machinery, that is a non-slewing crane with a
maximum rated capacity of greater than 20 tonnes or a slewing
crane, is used at a construction site, a person who at the site, is
the main contractor, an employer or a self-employed person,
must ensure that the crane is fitted as far as practicable with a
system having the following components —
(a) at least one light source inside the crane that emits green
light only if a load being lifted by the crane is less than
or equal to 90% of the crane’s rated capacity and which
light gives the crane operator an effective warning signal
of the status of the load in that respect; and
(b) at least one light source on the outside of the crane that
emits a green light only if a load being lifted by the
crane is less than or equal to 90% of the crane’s rated
capacity and which light is visible to a person in the
vicinity of the crane; and
(c) at least one light source inside the crane that emits
amber light only if a load being lifted by the crane is
greater than 90% and less than 100% of the crane’s rated
capacity and which light gives the crane operator an
effective warning signal of the status of the load in that
respect; and
(d) at least one light source on the outside of the crane that
emits an amber light only if a load being lifted by the

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crane is greater than 90% and less than 100% of the

crane’s rated capacity and which light is visible to a
person in the vicinity of the crane; and
(e) at least one light source inside the crane that emits a
flashing red light only if a load being lifted by the crane
is greater than 100% of the crane’s rated capacity and
which light gives the crane operator an effective
warning signal of the status of the load in that respect;
and
(f) at least one light source on the outside of the crane that
emits a flashing red light only if a load being lifted by
the crane is greater than 100% of the crane’s rated
capacity and which light is visible to a person in the
vicinity of the crane; and
(g) an alarm that sounds inside the crane only if a load being
lifted by the crane is greater than 100% of the crane’s
rated capacity, which alarm gives the crane operator an
effective warning signal of the status of the load in that
respect; and
(h) an alarm that sounds outside the crane only if a load
being lifted by the crane is greater than 100% of the
crane’s rated capacity, which sound is audible to a
person in the vicinity of the crane.
(5) A person does not commit an offence under subregulation (4) if
the percentage of a crane’s rated capacity at which a light is
emitted or an alarm sounds differs by no more than 2% from
that required under subregulation (4) if, proof of which is on the
person —
(a) only one colour of light is emitted by the inside and
outside light sources at a time; and
(b) the inside and outside alarms sound at the same time as
the inside and outside light sources emit red light; and
(c) the percentage of the crane’s rated capacity above which
the inside and outside light sources emit red light and

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the inside and outside alarms sound is not greater than

100%; and
(d) the crane is operated in accordance with written
instructions developed at the time of design or
manufacture by the person who designed or
manufactured the crane.
Penalty applicable to subregulations (1), (2), (3) and (4): the
regulation 1.16 penalty.
[Regulation 3.23 amended in Gazette 3 Oct 2003 p. 4356-8;
25 Jun 2004 p.  2292; 14 Dec 2004 p. 6018.]

3.24. Lowering gear on construction site, duties of person engaged

in
A person working on a construction site who lowers any gear
from any building or structure where persons in the vicinity are
at risk of injury from the gear being lowered must do so
carefully, without throwing or dropping the gear.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case:
(a) for a first offence, $25 000; and
(b) for a subsequent offence, $31 250.
[Regulation 3.24 amended in Gazette 14 Dec 2004 p. 6017.]

3.25. Conduit crossing thoroughfare at construction site, duties of

main contractor etc. as to
A person who, at a construction site, is the main contractor, an
employer or a self-employed person must ensure that any
conduit crossing a thoroughfare is secured to the ground or
protected by a non-slip ramp.
Penalty: the regulation 1.16 penalty.
[Regulation 3.25 amended in Gazette 14 Dec 2004 p. 6018.]

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3.26. Portable ladder, duties of person using

(1) If, at a workplace, a person uses either a single or extension
ladder then the person must ensure that the ladder —
(a) is placed so that the distance from the ladder base to the
base of the support wall is about ¼ of the working
length of the ladder; and
(b) is located on a firm footing; and
(c) is secured into position so as to prevent slipping or
sideways movement; and
(d) if being used to approach a platform, protrudes at least
900 mm beyond the landing for the platform; and
(e) if being used at a workplace that is a construction site, is
not suspended from a parapet hook.
(2) If, at a workplace, a person uses —
(a) a portable metal ladder then the person must ensure that
the ladder is designed and constructed in accordance
with the general requirements of AS/NZS 1892.1 and
the specific requirements of that Standard in relation to
the type of ladder; or
(b) a portable wooden ladder then the person must ensure
that the ladder is designed and constructed in accordance
with the general requirements of AS 1892.2 and the
specific requirements of that Standard in relation to the
type of ladder.
(3) A person must not use a ladder-bracket scaffold at a workplace
unless the ladder-bracket scaffold is set up and used in
accordance with clause 10.2.5 of AS/NZS 4576.
Penalty applicable to subregulations (1), (2) and (3) for a person
who commits the offence as an employee: the
regulation 1.15 penalty.
Penalty applicable to subregulations (1), (2) and (3) in any other
case: the regulation 1.16 penalty.
[Regulation 3.26 amended in Gazette 17 Dec 1999 p. 6229;
14 Dec 2004 p. 6017.]

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3.27. Gas cylinder, duties of employer etc. as to

A person who, at a workplace is an employer, the main
contractor or a self-employed person must ensure that any gas
cylinder at the workplace —
(a) is appropriately secured and protected from damage or
the uncontrolled release of its contents while the
cylinder is being used, moved, or stored; and
(b) is not lifted or lowered by mechanical means unless —
(i) it is contained in an appropriate type of box; or
(ii) it is lifted or lowered using attachments that are
suitable for the task being performed.
Penalty: the regulation 1.16 penalty.
[Regulation 3.27 amended in Gazette 17 Dec 1999
p.  6229-30; 14 Dec 2004 p. 6018.]

3.28. Manifolded cylinder pack, duties of employer etc. as to

A person who, at a workplace, is an employer, the main
contractor or a self-employed person must ensure, in relation to
a manifolded cylinder pack used in welding or in an allied
process at the workplace, that at all times —
(a) each manifolded cylinder pack is so located and guarded
to protect it from damage; and
(b) where 2 or more manifolded cylinder packs are located
in the same room, they are located at least 5 metres
apart.
Penalty: the regulation 1.16 penalty.
[Regulation 3.28 amended in Gazette 14 Dec 2004 p. 6018.]

3.29. Construction diving work, duties of employer etc. as to

(1) In this regulation —
construction diving work means any construction work in
which diving is done using either surface supplied breathing

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apparatus or self-contained underwater breathing apparatus, and

includes the work done by the persons who give direct support
to the diver.
(2) If, at a workplace, a person is to do construction diving work the
person’s employer or the self-employed person, as the case may
be, must ensure that —
(a) each person to do the work is qualified in accordance
with AS/NZS 2299; and
(b) the work is done in accordance with the relevant
requirements of AS/NZS 2299.
Penalty: the regulation 1.16 penalty.
(3) A person who does construction diving work must, when in the
water, use compressed air to breathe in accordance with the
requirements of AS/NZS 2299.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case:
(a) for a first offence, $25 000; and
(b) for a subsequent offence, $31 250.
[Regulation 3.29 amended in Gazette 10 Jan 2003 p. 63;
14 Dec 2004 p. 6017 and 6018.]

3.30. Flotation device, employer etc. to provide etc. if person

working with others near water etc.
If, at a workplace —
(a) there is a risk of a person falling into water or other
liquid and drowning at or adjacent to the workplace; and
(b) persons other than the person referred to in paragraph (a)
are likely to be present at the workplace,
then a person who, at the workplace, is an employer, the main
contractor, a self-employed person or a person having control of
the workplace must provide appropriate flotation devices in a

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readily accessible position and ensure that rescue equipment is

maintained and ready for use.
Penalty: the regulation 1.16 penalty.
[Regulation 3.30 amended in Gazette 14 Dec 2004 p. 6018.]

3.31. Life jacket, duties of employer etc. as to for person working

alone over water etc.
If, at a workplace —
(a) a person works over water or other liquid and there is a
risk of the person drowning if he or she falls into the
water or other liquid; and
(b) the person works alone,
a person who, at the workplace, is an employer, the main
contractor, a self-employed person or a person having control of
the workplace must, as far as practicable, ensure that the
first-mentioned person wears a life jacket to reduce the risk of
drowning.
Penalty: the regulation 1.16 penalty.
[Regulation 3.31 inserted in Gazette 17 Dec 1999 p. 6230;
amended in Gazette 14 Dec 2004 p. 6018.]

Division 2 — General duties in relation to personal protective

clothing and equipment
3.32. Risks to be reduced in first instance by means other than
protective clothing and equipment
When a person is considering, for the purposes of
regulation 3.1(c), the means by which a risk may be reduced,
the person is to —
(a) firstly consider the means other than the use of
protective clothing and equipment by which the risk
might be reduced; and

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(b) then consider the use of protective clothing and

equipment to the extent that it is not practicable to
reduce the risk by means other than the use of protective
clothing and equipment.

3.33. Personal protective clothing and equipment, standards

applicable to
(1) If a person —
(a) is required under any of these regulations to identify a
hazard at a workplace and to assess the risk of injury or
harm to a person resulting from the hazard; and
(b) concludes from the assessment process that a risk might
be reduced by any of the personal protective clothing or
equipment set out in column 1 of the Table to this
regulation,
then the person must ensure that the personal protective clothing
or equipment is in accordance, and complies, with the relevant
requirements of each Standard set out opposite the clothing or
equipment in column 2 of the Table.
Table
Column 1 Column 2
Means of protection Standard
Safety helmet AS/NZS 1801
Eye protection AS/NZS 1337 and
AS/NZS 1338
Gloves AS/NZS 2161
Footwear AS/NZS 2210
Skin protection by way of
sunscreen AS/NZS 2604
Clothing for protection against heat AS/NZS ISO 2801
and flame and AS/NZS 4501.1
Clothing to protect skin against

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Column 1 Column 2
Means of protection Standard
toxic or volatile chemicals AS 3765
Penalty: the regulation 1.16 penalty.
(2) A person does not commit an offence under subregulation (1) if,
proof of which is on the person, the protection provided by the
person in relation to a particular risk is of an equivalent or
higher standard than the means of protection referred to in
subregulation (1).
(3) Nothing in subregulation (1) affects any requirement in the Act
or in these regulations to provide such protection as will protect
a person from a risk if the means of protection referred to in
subregulation (1) would not provide adequate protection in
relation to that risk.
[Regulation 3.33 amended in Gazette 10 Jan 2003 p. 63;
14  Dec 2004 p. 6018; 2 Nov 2010 p. 5499.]

3.34. Person concluding personal protective clothing or

equipment should be used, duties of
(1) If a person is required under any of these regulations to identify
a hazard at a workplace and to assess the risk of injury or harm
to a person resulting from the hazard and the person concludes
from the assessment process that personal protective clothing or
equipment should be used at the workplace then the person must
ensure that —
(a) the person who uses the clothing or equipment is
instructed in relation to the correct fitting, use, selection,
testing, maintenance and storage of the clothing or
equipment; and
(b) the person who uses the clothing or equipment is
informed of the limitations in the use of the clothing or
equipment; and

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(c) the clothing or equipment is maintained in good working

order; and
(d) the clothing or equipment is replaced —
(i) when it no longer provides the level of protection
required to protect the wearer or user against the
particular hazard; or
(ii) when the safe working life, as specified by the
person who manufactured the clothing or
equipment, has expired; or
(iii) subject to subregulation (2), when it is damaged
and cannot be repaired;
and
(e) the area of a workplace at which the clothing or
equipment is required to be used by a person other than
the person who provides the clothing or equipment is
identified by signs in accordance, and complying, with
AS 1319.
Penalty: the regulation 1.16 penalty.
(2) A person does not commit an offence under subregulation (1)(d)
if, proof of which is on the person, the clothing or equipment is
repaired rather than replaced and —
(a) the repair is done by a competent person; and
(b) the repair is done according to the specifications of the
manufacturer of the equipment; and
(c) any replacement part used in the repair is that which is
specified by the manufacturer of the equipment as the
correct replacement part.
[Regulation 3.34 amended in Gazette 14 Dec 2004 p. 6018.]

3.35. Person issued personal protective clothing or equipment,

duties of
A person to whom personal protective clothing or equipment is
provided or made available for use at a workplace —

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(a) must use the protective clothing or equipment in a

manner in which he or she has been properly instructed
to use it; and
(b) must not misuse or damage the clothing or equipment;
and
(c) must, as soon as practicable after becoming aware of
any —
(i) damage to; or
(ii) malfunction of; or
(iii) need to clean or sterilize,
the clothing or equipment, notify the person providing
the clothing or equipment of the damage, malfunction or
need to clean or sterilize the clothing or equipment.
Penalty: the regulation 1.15 penalty.
[Regulation 3.35 amended in Gazette 14 Dec 2004
p. 6016- 17.]

3.36. Safety helmets at construction site, main contractor’s duties

as to
If there is a risk of a person being struck on the head by a falling
object at a construction site then the main contractor must
ensure that —
(a) at all times when the person is at risk, the person wears a
safety helmet complying with the relevant requirements
of AS/NZS 1801; and
(b) there is displayed at each entrance to the site a safety
sign bearing the words “SAFETY HELMET AREA —
HELMETS MUST BE WORN AT THIS SITE” and that
otherwise complies with AS 1319.
Penalty: the regulation 1.16 penalty.

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[Regulation 3.36 amended in Gazette 10 Jan 2003 p. 64;

14 Dec 2004 p. 6018.]

Division 3 — Atmosphere and respiratory protection

Subdivision 1 — Atmosphere and respiratory protection generally

[Heading inserted in Gazette 22 Jul 1997 p. 3839.]

3.37. Terms used

In this Subdivision —
filter means a filter that complies with the requirements of
AS/NZS 1715;
oxygen deficient atmosphere means an atmosphere containing
less than 19.5% oxygen;
self-contained breathing apparatus means a type of supplied
air respirator which is carried by the user and supplies the user
with respirable air from a source carried by the user;
supplied air respirator means a device which, by means of an
air line, air hose or apparatus carried by the user, supplies the
user with respirable air from a source other than the ambient
atmosphere;
toxic atmosphere, in relation to a workplace, includes —
(a) an atmosphere in which there is an atmospheric
contaminant in a concentration exceeding the exposure
standard for the contaminant specified in the National
Exposure Standards [NOHSC: 1003 (1995)]; and
(b) where an inspirable dust or respirable dust is not within
the scope of the Exposure Standards referred to in
paragraph (a), an atmosphere in which a person at the
workplace would be exposed to —
(i) the inspirable dust that, when measured in
accordance with AS 3640, exceeds 10 mg/m3 of
air; or

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(ii) the respirable dust that, when measured in

accordance with AS 2985, exceeds 5 mg/m3 of
air,
as an average over a work period of 8 hours; and
(c) an atmosphere containing gas, vapour, dust or any other
particle which is, or is in a concentration that is, a risk to
the safety and health of a person at the workplace.
[Regulation 3.37 amended in Gazette 22 Jul 1997 p. 3840.]

3.38. Atmospheric hazards, duties of employer etc. to identify etc.

Without limiting regulations 3.1 and 3.32, a person who, at a
workplace, is an employer, the main contractor or a
self-employed person must —
(a) identify each hazard arising from an oxygen deficient
atmosphere or a toxic atmosphere to which a person at
the workplace is likely to be exposed; and
(b) assess the risk of injury or harm to a person resulting
from each hazard, if any, identified under paragraph (a);
and
(c) consider whether the risk may be reduced by any of the
means referred to in regulation 3.39.
Penalty: the regulation 1.16 penalty.
[Regulation 3.38 amended in Gazette 14 Dec 2004 p. 6018.]

3.39. Means of reducing risks (r. 3.38(c))

The means referred to in regulation 3.38(c) are —
(a) the use of an effective ventilation system for the
workplace; and
(b) the provision of an exhaust system that effectively
extracts any contaminant and which is arranged so as to
prevent re-entry of the extracted air into the workplace;
and

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(c) such other means as would prevent persons at the

workplace from being exposed to an oxygen deficient
atmosphere or a toxic atmosphere,
as is appropriate to the particular case.
3.40. Respiratory protective equipment, duties of employer etc. as
to
(1) In this regulation —
toxic atmosphere means any toxic atmosphere that is of a kind
other than a kind referred to in any of paragraphs (b) to (f) of
regulation 3.41.
(2) To the extent that it is not practicable to prevent, by any of the
means referred to in regulation 3.39, a person at a workplace
from being exposed to a toxic atmosphere a person who, at the
workplace, is an employer, the main contractor or a
self-employed person must ensure that each person who may be
so exposed is provided with respiratory protective equipment —
(a) selected in accordance with AS/NZS 1715 to suit the
circumstances of the case and that is used and
maintained in accordance with that Standard; and
(b) complying with the relevant requirements of
AS/NZS 1716.
(3) Nothing in regulation 3.41 prevents a person from concluding,
for purposes of subregulation (2), that the appropriate
respiratory protective equipment in a particular case is
equipment of a kind referred to in regulation 3.41.
(4) A person who, at a workplace, is an employer, the main
contractor or a self-employed person and who provides for use
at a workplace respiratory protective equipment of any kind
must ensure that the equipment is readily accessible to persons
at the workplace who may need to use the equipment.
Penalty applicable to subregulations (2) and (4): the
regulation 1.16 penalty.
[Regulation 3.40 amended in Gazette 14 Dec 2004 p. 6018.]

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3.41. Supplied air respirator, when employer etc. to provide

To the extent that it is not practicable to prevent, by any of the
means referred to in regulation 3.39, a person at a workplace
from being exposed to —
(a) an oxygen deficient atmosphere; or
(b) an atmosphere in which the level of toxic gases or
vapours exceeds the capability of an air-purifying
device; or
(c) a toxic atmosphere where the level of contamination is
not known; or
(d) a toxic atmosphere in which the person is required to
remain for a period longer than the estimated life of a
filter; or
(e) an atmosphere that presents an immediate danger to life
or health; or
(f) a toxic atmosphere which contains a contaminant against
which there is no suitable filter,
a person who, at the workplace, is an employer, the main
contractor or a self-employed person must ensure that each
person who may be so exposed is provided with a supplied air
respirator.
Penalty: the regulation 1.16 penalty.
[Regulation 3.41 amended in Gazette 14 Dec 2004 p. 6018.]

3.42. Supplied air respirator etc., duties of employer etc. as to

If a person is required, under regulation 3.40 or 3.41, to ensure
that a supplied air respirator is provided for use at a workplace
then the person must —
(a) assess the number of sets of supplied air respirators that
should be provided for regular, emergency or rescue
purposes at the workplace; and

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(b) assess whether self-contained breathing apparatus

should be provided for emergency use and rescue at the
workplace and, if so, the number of sets of such
apparatus that should be provided; and
(c) ensure that each supplied air respirator provided for use
at the workplace —
(i) has been selected in accordance with
AS/NZS 1715 to suit the circumstances of the
case and is used and maintained in accordance
with that Standard; and
(ii) complies with relevant requirements of
AS/NZS 1716;
and
(d) in the case of a supplied air respirator by which air is
supplied to the user by means of an air line or air hose,
assess whether there should be provided for use at the
workplace a device that warns when the air supply is
about to fail; and
(e) assess whether there should be provided for use at the
workplace a supplied air escape type-respirator in the
event that the flow of supplied air fails; and
(f) ensure that each person required to use a supplied air
respirator for emergency or rescue purposes at a
workplace is trained in the use of the equipment and in
emergency procedures.
Penalty: the regulation 1.16 penalty.
[Regulation 3.42 amended in Gazette 14 Dec 2004 p. 6018.]

3.43. Supplied air respirator, duties of employer etc. to maintain

etc.
Without limiting regulation 3.34, if a person is required, under
regulation 3.40 or 3.41, to ensure that a supplied air respirator is

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provided for use at a workplace then the person must also

ensure that —
(a) the compressor, filters and respirator supplying air to
breathe —
(i) are maintained in efficient working order and in
accordance with the manufacturer’s instructions;
and
(ii) are inspected before and after each use and
during cleaning;
and
(b) the respirator is kept in a place where it will not be
contaminated; and
(c) the equipment for the supply of air to breathe or the
compressor incorporates a mechanism to cut off the air
supply to the respirator in the event that the equipment
or compressor heats beyond the manufacturer’s
specifications for the maximum temperature at which
the equipment or compressor will function properly; and
(d) the respirator and air supply have couplings of a type
that requires at least 2 deliberate actions to separate the
connector or coupling and are of a design that is
different from that of other compressed gas and air
services, if any, at the workplace; and
(e) the air supply or compressor has a receiver of sufficient
capacity to reduce pulsation from compressor action;
and
(f) the quality of air supplied to the respirator is tested
regularly to ensure that it is in accordance with
regulation 3.44; and
(g) records are kept of —
(i) the purchase dates of the respirator and the
compressor; and

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(ii)
the maintenance of the respirator and
compressor; and
(iii) the date and result of each test conducted on the
respirator; and
(iv) the name and address of the person who
conducted each test; and
(v) the —
(I) volume of air; and
(II) odour; and
(III) volume of oxygen, carbon monoxide,
carbon dioxide, oil and water in the
sample of air tested; and
(IV) temperature of the sample.
Penalty: the regulation 1.16 penalty.
[Regulation 3.43 amended in Gazette 14 Dec 2004 p. 6018.]

3.44. Supplied air respirator, quantity and quality of air supplied

by
If a person is required, under regulation 3.40 or 3.41, to ensure
that a supplied air respirator is provided for use at a workplace
then the person must also ensure —
(a) that air supplied to the supplied air respirator is supplied
at a minimum rate of 170 litres per minute per person
measured at the respirator; and
(b) that air supplied to the supplied air respirator has passed
through an efficient purifying device so that the air —
(i) does not have an objectionable or nauseous
odour; and
(ii) contains not less than 19.5% and not more than
22% by volume of oxygen; and

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(iii) at 15°C and 100 kPa absolute —

(I) contains not more than 11 mg/m3
(10 ppm by volume) of carbon
monoxide; and
(II) contains not more than 1400 mg/m3
(800 ppm by volume) of carbon
dioxide; and
(III) contains not more than 1 mg/m3
(1 ppm) of oil; and
(IV) if in a cylinder, contains not more than
100 mg/m3 of water when sampled from
the cylinder when it is initially filled to
a pressure of at least 12 MPa; and
(V) if used for diving, contains not more
than 900 mg/m3 (480 ppm by volume)
of carbon dioxide;
and
(c) where the air is to be supplied from a compressor to a
face-piece, hood or helmet, that the air has passed
through —
(i) a conditioner to ensure that the temperature of
the air is not less than 15°C and not more than
25°C; and
(ii) an efficient condensate trap fitted with a drain
cock for the removal of any condensed liquid;
and
(iii) an efficient ring circuit or controlled leak-off for
the elimination of stale air.
Penalty: the regulation 1.16 penalty.
[Regulation 3.44 amended in Gazette 14 Dec 2004 p. 6018;
3 Jul 2007 p. 3293.]

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Subdivision 2 — Protection from tobacco smoke

[Heading inserted in Gazette 22 Jul 1997 p. 3840.]

3.44A. Terms used

In this Subdivision —
enclosed workplace has a meaning affected by
regulation 3.44AA;
roof includes a ceiling, and any material —
(a) through which air cannot flow; and
(b) that is used for the same purpose as a ceiling or roof;
smoke has the meaning given to that term in the Tobacco
Products Control Act 2006 glossary;
tobacco product has the meaning given to that term in the
Tobacco Products Control Act 2006 glossary;
wall means a wall or any other vertical structure, covering or
device, whether fixed or moveable, but does not include a
balustrade —
(a) that is one metre or less in height; and
(b) of which more than 50% of its total vertical surface is
open.
[Regulation 3.44A inserted in Gazette 7 Nov 2008 p. 4823.]

3.44AA. Enclosed workplace, meaning of

(1) A workplace or a part of a workplace that has the features
mentioned in subregulations (2) and (3) is an enclosed
workplace for the purposes of this Subdivision.
(2) An enclosed workplace is covered by a roof or a part of a roof.
(3) An enclosed workplace is configured so that the total vertical
surface area of the solid material in the walls is more than
50% of the notional vertical surface area of the place as assessed
in accordance with regulation 3.44AB.

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(4) The total vertical surface area of the solid material in the walls
is to be assessed by —
(a) multiplying the following —
(i) the length of each wall under the roof or the part
of a roof plus the length of each wall and each
section of a wall that is one metre or less beyond
the perimeter of the roof or the part of a roof
when measured horizontally from the perimeter
of the roof or the part of the roof;
(ii) the actual height of the walls and wall sections
mentioned in subparagraph (i);
and
(b) deducting the total vertical surface area of the open parts
of the walls or wall sections mentioned in paragraph (a)
(i).
(5) The total vertical surface area of solid material in a wall is to be
assessed as if each window, door or vertical retractable covering
in or adjacent to the wall —
(a) is closed; and
(b) forms part of the wall.
(6) A place is not an enclosed workplace for the purposes of this
Subdivision if it is covered by a roof or a part of a roof and is
bounded by only —
(a) one straight wall; or
(b) 2 straight walls that are set in an angle of 90 degrees or
more.
(7) A part of a workplace may be an enclosed workplace even
though —
(a) it is part of a workplace that is not an enclosed
workplace; or

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(b) it is part of another part of a workplace that is not an

enclosed workplace.
[Regulation 3.44AA inserted in Gazette 7 Nov 2008
p. 4823- 4.]

3.44AB. Notional vertical surface area, assessment of

(1) The notional vertical surface area of a workplace is to be
assessed by multiplying the following —
(a) the length of the perimeter of the roof, or the part of a
roof, covering the workplace;
(b) the average height of the roof, or the part of a roof,
covering the workplace.
(2) The notional vertical surface area of a part of a workplace is to
be assessed by multiplying the following —
(a) the length of the perimeter of the roof, or the part of a
roof, covering the part of the workplace;
(b) the average height of the roof, or the part of a roof,
covering the part of the workplace.
[Regulation 3.44AB inserted in Gazette 7 Nov 2008
p.  4824-5.]

3.44B. Certain persons not to smoke in enclosed workplace

A person who, at an enclosed workplace, is an employer, a
self-employed person or an employee must not smoke in the
enclosed workplace.
Penalty: the regulation 1.15 penalty.
[Regulation 3.44B inserted in Gazette 26 Mar 1999 p. 1282;
amended in Gazette 14 Dec 2004 p. 6016-17.]

[3.44C. Deleted in Gazette 7 Nov 2008 p. 4825.]

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3.44D. Defence to r. 3.44B, smoking in private vehicle or residence

A person does not commit an offence under regulation 3.44B if,
proof of which is on the person —
(a) the enclosed workplace is —
(i) a vehicle supplied by the person; or
(ii) the person’s residence;
and
(b) no other person is present —
(i) who, in the case of an employer, is that person’s
employee; or
(ii) who, in the case of an employee, is also an
employee of that person’s employer.
[Regulation 3.44D inserted in Gazette 26 Mar 1999 p. 1282.]

3.44E. Defence to r. 3.44B, smoking by actor etc. in a performance

A person does not commit an offence under regulation 3.44B if,
proof of which is on the person, the person is an actor, artist or
other performer who smokes for the purposes of a performance.
[Regulation 3.44E inserted in Gazette 26 Mar 1999 p. 1283.]

[3.44F. Deleted in Gazette 7 Nov 2008 p. 4825.]

3.44G. Notice of smoking restrictions, employer etc. to give etc.

A person who, at an enclosed workplace, is an employer or a
person having control of the workplace must ensure that notice
is given or displayed to persons working in the workplace to the
effect that smoking by those persons is prohibited in the
workplace.
Penalty: the regulation 1.16 penalty.
[Regulation 3.44G inserted in Gazette 26 Mar 1999 p. 1283;
amended in Gazette 14 Dec 2004 p. 6018.]

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[3.44H. Deleted in Gazette 7 Nov 2008 p. 4825.]

3.44I. Inspectors may require certain persons to extinguish

tobacco products
(1) If an inspector has reasonable cause to believe that a person is
smoking in contravention of regulation 3.44B the inspector may
require the person to extinguish the tobacco product that the
person is smoking.
(2) A person must comply with an inspector’s requirement under
subregulation (1).
Penalty: the regulation 1.15 penalty.
[Regulation 3.44I inserted in Gazette 26 Mar 1999 p. 1284;
amended in Gazette 14 Dec 2004 p. 6016-17.]

Division 4 — Noise control and hearing protection

3.45. Terms used
In this Division —
exposure standard for noise, in relation to a person, means —
(a) an LAeq,8h of 85 dB(A); or
(b) an L C,peak of 140 dB(C),
measured at the position of the person’s ear without taking into
account any protection which may be provided to the person by
personal hearing protectors;
LAeq,8h means an 8 hour equivalent continuous A-weighted sound
pressure level in decibels (dB(A)) referenced to
20 micropascals, that is to say, the steady noise level which
would, in the course of an 8 hour period, cause the same
A-weighted sound energy that would be caused by the actual
noise during an actual working day, determined in accordance
with AS/NZS 1269.1;

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L C,peak means C-weighted peak noise level, that is to say, the

C-weighted peak hold sound pressure level in decibels (dB(C))
referenced to 20 micropascals, determined in accordance with
AS/NZS 1269.1;
noise means any unwanted or damaging sound;
personal hearing protectors means a device, or pair of devices,
worn by a person or inserted in the ears of a person to protect
the person’s hearing.
[Regulation 3.45 amended in Gazette 17 Dec 1999 p. 6230;
8 Mar 2002 p. 962.]

3.46. Noise above exposure standard, duties of employer etc. as to

A person who, at a workplace, is an employer, the main
contractor or a self-employed person must, as far as practicable,
ensure that noise to which a person is exposed at the workplace
does not exceed the exposure standard for noise.
Penalty: the regulation 1.16 penalty.
[Regulation 3.46 amended in Gazette 14 Dec 2004 p. 6018.]

3.47 Personal hearing protectors, employer etc. to provide etc.

If it is not practicable to avoid exposing a person at a workplace
to noise above the exposure standard for noise then a person
who, at the workplace, is an employer, the main contractor or a
self-employed person must ensure that the first-mentioned
person is provided with personal hearing protectors that have
been selected in accordance with the procedures specified in
AS/NZS 1269.3.
Penalty: the regulation 1.16 penalty.
[Regulation 3.47 inserted in Gazette 17 Dec 1999 p. 6230-1;
amended in Gazette 14 Dec 2004 p. 6018.]

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Division 5 — Prevention of falls at workplaces

[Heading inserted in Gazette 30 Mar 2001 p. 1767.]

3.48. Terms used

In this Division —
anchorage means an anchorage point for a fall injury
prevention system;
fall injury prevention system means a system designed to —
(a) arrest a person’s fall from one level at a workplace to
another; and
(b) minimise the risk of injury or harm to a person who falls
from one level at a workplace to another.
[Regulation 3.48 inserted in Gazette 30 Mar 2001 p. 1767.]

3.49. Hazards relating to falling, duties of employer etc. to

identify etc.
Without limiting regulation 3.1, a person who, at a workplace, is
an employer, the main contractor, a self-employed person, a
person having control of the workplace or a person having
control of access to the workplace must —
(a) identify each hazard to which a person at the workplace
is likely to be exposed in relation to the person falling
from one level at the workplace to another; and
(b) assess the risk of injury or harm to a person resulting
from each hazard, if any, identified under paragraph (a);
and
(c) consider the means by which the risk may be reduced.
Penalty: the regulation 1.16 penalty.
[Regulation 3.49 inserted in Gazette 30 Mar 2001 p. 1768;
amended in Gazette 14 Dec 2004 p. 6018.]

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3.50. Anchorage and fall injury prevention system, duties of

employer etc. as to design of etc.
An employer, main contractor, self-employed person or the
person having control of the workplace must ensure that an
anchorage or a fall injury prevention system at a workplace is
designed, manufactured, constructed, selected, or installed so as
to be capable of withstanding the force applied to it as a result
of a person’s fall at the workplace.
Penalty: the regulation 1.16 penalty.
[Regulation 3.50 inserted in Gazette 30 Mar 2001 p. 1768;
amended in Gazette 14 Dec 2004 p. 6018.]
3.51. Fall injury prevention system, duties of employer etc. as to
inspection of etc.
A person who, at a workplace, is an employer, the main
contractor, a self-employed person or the person having control
of the workplace must ensure, in relation to each fall injury
prevention system provided at the workplace that —
(a) each component of the system and its means of
attachment to an anchorage is inspected by a competent
person —
(i) after it is installed but before it is used; and
(ii) at regular intervals; and
(iii) immediately after it has operated or should have
operated in relation to a person’s free fall at the
workplace;
and
(b) any component of the system or its means of attachment
to an anchorage that, on an inspection referred to in
paragraph (a), shows wear or weakness is withdrawn
from use until it is replaced with a properly functioning
component.
Penalty: the regulation 1.16 penalty.

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[Regulation 3.51 inserted in Gazette 30 Mar 2001 p. 1768- 9;

amended in Gazette 14 Dec 2004 p. 6018.]

3.52. Welding etc. being done near fall injury prevention system,
duties of employer etc. in case of
If welding or an allied process is being done at a workplace
where a fall injury prevention system is in operation then a
person who, at the workplace, is an employer, the main
contractor or a self-employed person must ensure that —
(a) a person using the system is protected from hot particles
or sparks resulting from the welding or allied process;
and
(b) the system is protected from hot particles or sparks
resulting from the welding or allied process.
Penalty: the regulation 1.16 penalty.
[Regulation 3.52 inserted in Gazette 30 Mar 2001 p. 1769;
amended in Gazette 14 Dec 2004 p. 6018.]

3.53. Anchorage, duties of employer etc. as to inspection of etc.

A person who, at a workplace, is an employer, the main
contractor, a self-employed person or the person having control
of the workplace must ensure —
(a) that an anchorage at the workplace is inspected by a
competent person and —
(i) in the case of an anchorage that is permanently
fixed and in regular use, inspected at intervals
not greater than 6 months; and
(ii) in the case of an anchorage that is permanently
fixed but not in regular use, inspected before it is
used;
and

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(b) where, in the opinion of the competent person, an

anchorage is worn or the load bearing capacity of the
anchorage may be impaired —
(i) that the anchorage is not used while it is in that
condition; and
(ii) while the anchorage is in that condition, that it is
tagged to indicate that it is not to be used;
and
(c) that an anchorage that has been repaired is not used
unless it has been inspected by a competent person who
is of the opinion that the anchorage can be used again.
Penalty: the regulation 1.16 penalty.
[Regulation 3.53 inserted in Gazette 30 Mar 2001 p. 1769;
amended in Gazette 14 Dec 2004 p. 6018.]

3.54. Holes etc. in floors, duties of employer etc. as to

(1) A person who, at a workplace, is an employer, the main
contractor, a self-employed person or a person having control of
the workplace must ensure that any hole or opening (other than
a lift well, stairwell or vehicle inspection pit) with dimensions
of more than 200 mm x 200 mm but less than 2 metres x
2 metres or with a diameter greater than 200 mm but less than
2 metres —
(a) in a floor, other than a concrete floor, of a building or
structure at the workplace is covered with a material that
is —
(i) strong enough to prevent persons or things
entering or falling through or into the hole or
opening; and
(ii) securely fixed to the floor;
or
(b) in a concrete floor of a building or structure at the
workplace —

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(i) has, if practicable, wire mesh that meets the

requirements of subregulation (2); and
(ii) is covered with a material that is —
(I) strong enough to prevent persons or
things entering or falling through or into
the hole or opening; and
(II) securely fixed to the floor.
(2) The wire in the wire mesh referred to in subregulation (1)(b)(i)
is required to —
(a) be at least 4 mm in diameter; and
(b) have maximum apertures of 75 mm x 75 mm; and
(c) be embedded, at least 200 mm in the edges of the
surrounding concrete; and
(d) be embedded either —
(i) in the upper half of the slab with a minimum
concrete cover of 20 mm; or
(ii) in the lower half of the slab with a minimum
cover of 30 mm.
(3) A person to whom subregulation (1) applies must ensure that —
(a) wire mesh referred to in subregulation (1)(b)(i) —
(i) is not used as a working platform; and
(ii) is only removed for the purposes of installing
services in circumstances where the removal
takes place immediately before the installation of
a service and the only portion removed is the
minimum portion required to be removed for the
installation;
and
(b) any cover referred to in subregulation (1)(a) or (b)(ii) —
(i) is marked in clearly legible lettering with the
words “DANGER — HOLE BENEATH”; and

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(ii)
is only removed for the purposes of installing
services in circumstances where the removal
takes place immediately before the installation of
a service.
Penalty applicable to subregulations (1) and (3): the
regulation 1.16 penalty.
[Regulation 3.54 inserted in Gazette 30 Mar 2001 p. 1770- 1;
amended in Gazette 14 Dec 2004 p. 6018.]

3.55. Edges, duties of employer etc. to prevent falls from

(1) A person who at a workplace, is an employer, the main
contractor, a self-employed person or a person having control of
the workplace must ensure that edge protection that complies
with subregulation (5) is provided and kept in place whenever
there is a risk that a person could fall 2 or more metres from the
edge of —
(a) a scaffold, fixed stair, landing or suspended slab at the
workplace; or
(b) formwork or falsework at the workplace.
Penalty: the regulation 1.16 penalty.
(2) A person who, at a workplace, is an employer, the main
contractor, a self-employed person or a person having control of
the workplace must ensure that either —
(a) edge protection that complies with subregulation (5) is
provided and kept in place whenever there is a risk that a
person could fall 3 or more metres from an edge at the
workplace other than an edge referred to in
subregulation (1); or
(b) a fall injury prevention system is provided and in
operation whenever there is a risk that a person could
fall 3 or more metres from an edge at the workplace
other than an edge referred to in subregulation (1).
Penalty: the regulation 1.16 penalty.

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(3) When a fall injury prevention system that is designed to be

attached to a person is provided in accordance with
subregulation (2)(b), a person who is at risk of falling from the
structure must use the system.
Penalty: the regulation 1.15 penalty.
(4) When a fall injury prevention system that is not designed to be
attached to a person is provided in accordance with
subregulation (2)(b), a person who is at risk of falling from the
structure must ensure, before the person ascends the structure,
that the system is in operation.
Penalty: the regulation 1.15 penalty.
(5) Edge protection must have —
(a) a top rail —
(i) positioned not less than 900 mm and not more
than 1 100 mm above the working surface; and
(ii) that is capable of withstanding a force of 0.55 kN
applied to any point of the guard rail system;
and
(b) either —
(i) a mid rail and a toe board; or
(ii) a toe board and a mesh panel that comprises wire
that is not less than 3 mm in diameter and
apertures not greater than 75 mm x 50 mm and
that fills the space between the top rail and the
toe board.
[Regulation 3.55 inserted in Gazette 30 Mar 2001 p. 1771- 2;
amended in Gazette 14 Dec 2004 p. 6016- 17 and 6018.]

3.56. Grid mesh and checker plate flooring panel on construction

site, duties of main contractor etc. as to
A person who, at a workplace that is a construction site, is the
main contractor, an employer, or a self-employed person must

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ensure that if grid mesh or checker plate flooring panels are

being installed at the workplace —
(a) subject to paragraph (b), then each panel is securely
fixed, in accordance with the manufacturer’s
specifications, to a supporting structure before the
support structure is placed into position on the building
or structure under construction; and
(b) where it is not practicable to fix the panels to a
supporting structure, then each panel is securely fixed to
the building or structure under construction immediately
after the panel is placed into position.
Penalty: the regulation 1.16 penalty.
[Regulation 3.56 inserted in Gazette 30 Mar 2001 p. 1772;
amended in Gazette 14 Dec 2004 p. 6018.]

3.57. Brittle or fragile roofing, duties of employer etc. as to work

on
(1) A person who, at a workplace, is an employer, the main
contractor, a self-employed person or a person having control of
the workplace must ensure that if a person is required to work
on or from a roof at the workplace where brittle or fragile
material forms the whole or any part of the roof then —
(a) the person to work on or from the roof is informed that
the roof is wholly or in part brittle or fragile, as is
relevant to the case; and
(b) the person to work on or from the roof is provided with
a safe working platform and safe access way; and
(c) the person to work on or from the roof is trained and
instructed on —
(i) the precautions to be taken; and
(ii) how and where to access the roof; and

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(iii) how and where to gain access to the working

platform or access way referred to in
paragraph (b);
and
(d) to the extent practicable, a warning notice bearing the
words “DANGER — FRAGILE ROOFING — USE
WORKING PLATFORM” is placed at each place where
a person who is to work on or from the roof is to access
the roof.
Penalty: the regulation 1.16 penalty.
(2) Without limiting regulation 3.1, if at a workplace brittle or
fragile material forms the whole or part of a roof that is to be
removed, a person who, at the workplace, is an employer, the
main contractor, a self-employed person or a person having
control of the workplace must before the roof is removed —
(a) identify which areas of the roof are made of a brittle or
fragile material; and
(b) assess the stability of the structure that supports the roof
and the soundness of the roof.
Penalty: the regulation 1.16 penalty.
(3) A person who, at a workplace, is an employer, the main
contractor, a self-employed person or a person having control of
the workplace must ensure, if a person is required to work on or
from a roof at the workplace where brittle or fragile material
forms the whole or any part of the roof and there is a risk that
that person might fall through the roof, and if there is no other
practicable means of preventing the person falling through the
roof, that —
(a) non-corrosive safety mesh that is capable of preventing
a person falling through the roof is securely fixed
directly over the top of, or directly underneath, the
brittle or fragile areas; or

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(b) barriers are securely fixed and adequately maintained

around the brittle or fragile areas.
Penalty: the regulation 1.16 penalty.
(4) A person must not remove a notice referred to in
subregulation (1) without the authority of the person who
caused the notice to be placed.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[Regulation 3.57 inserted in Gazette 30 Mar 2001 p. 1772- 4;
amended in Gazette 14 Dec 2004 p. 6017 and 6018.]

Division 6 — Electricity

3.58. Term used: supply authority

In this Division —
supply authority has the meaning that it has in the Electricity
Act 1945,
and, for the purposes of this Division, a reference in
AS/NZS 3012 to a supply authority is to be treated as a
reference to a supply authority as defined in this regulation.

3.59. Electrical installation etc., duties of employer etc. as to

A person who, at a workplace, is an employer, the main
contractor, a self-employed person or a person having control of
the workplace must ensure that —
(a) all electrical installations at the workplace are designed,
constructed, installed, protected, maintained and tested
so as to minimise the risk of electrical shock or fire; and
(b) each connection on a flexible cord that is installed or
renewed at the workplace after 1 October 1996 is of

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either the moulded one part non-rewireable or

transparent type.
Penalty: the regulation 1.16 penalty.
[Regulation 3.59 amended in Gazette 14 Dec 2004 p. 6018.]

3.60. Residual current devices, duties as to

(1) This regulation applies to a workplace other than one to which
AS/NZS 3012 applies but does not apply to a workplace at
which the supply of electricity —
(a) does not exceed 32 volts alternating current; or
(b) is direct current; or
(c) is provided through an isolating transformer complying
with AS/NZS 61558.2.23; or
(d) is provided from the unearthed outlet of a portable
generator.
(2) In this regulation —
hand-held equipment means portable equipment —
(a) of a kind that is intended to be held in the hand during
normal use; and
(b) the motor, if any, of which forms an integral part of the
equipment;
portable equipment means equipment that is —
(a) connected to an electricity supply; and
(b) intended to be moved when it is in use,
and includes, but is not limited to, hand-held equipment;
workplace means a workplace to which this regulation applies.
(3) A person having control of a workplace —
(a) must ensure that each non-portable residual current
device installed at the workplace is kept in a safe

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working condition and tested on a regular basis to ensure

its continued effective operation; and
(b) must provide, where electricity is supplied to portable
equipment through a fixed socket at the workplace,
protection against earth leakage current by means of —
(i) a non-portable residual current device installed at
the switchboard; or
(ii) by a non-portable residual current device built
into a fixed socket which, having regard to the
primary use of the socket and its location, is
likely to be used by a person operating portable
equipment;
and
(c) must ensure where a non-portable residual current
device has been —
(i) installed at a switchboard, that a notice is
displayed in a prominent place at or near the
switchboard indicating that a non-portable
residual current device has been installed at the
switchboard; or
(ii) built into a fixed socket, that the socket can be
identified as providing protection against earth
leakage current.
Penalty: the regulation 1.16 penalty.
(4) A person who is an employer or a self-employed person at a
workplace —
(a) must ensure that each portable residual current device
used at the workplace by the person or an employee of
the person is kept in a safe working condition and tested
on a regular basis to ensure its continued effective
operation; and
(b) where the employer or a self-employed person is not
satisfied that protection against earth leakage current has

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been provided by means of a non-portable residual

current device —
(i) must provide a portable residual current device
for use with each item of portable equipment
used by the person or an employee of the person
at the workplace; and
(ii) must ensure that a portable residual current
device is directly connected to the output side of
a fixed socket and that an item of portable
equipment being used by the person or an
employee of the person is directly connected to
the output side of that portable residual current
device.
Penalty: the regulation 1.16 penalty.
(5) An employee who is provided with a portable residual current
device for use with an item of portable equipment at a
workplace must not use the portable equipment unless the
portable residual current device is directly connected to the
output side of a fixed socket and the item of portable equipment
is directly connected to the output side of that portable residual
current device.
Penalty: the regulation 1.15 penalty.
[Regulation 3.60 inserted in Gazette 12 Sep 1997 p. 5177- 8;
amended in Gazette 6 Feb 1998 p. 665; 17 Dec  1999
p. 6231- 2; 14 Dec 2004 p. 6016- 17 and 6018; 5 Jun 2009
p. 1879.]

3.61. Electrical installations on construction etc. sites, duties of

employer etc. as to
If work of a type referred to in clause 1.1 of AS/NZS 3012 is to
be done then a person who, in relation to the workplace is an
employer, the main contractor or a self-employed person must
ensure that —

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(a) the requirements of AS/NZS 3012 are complied with in

relation to matters within the scope of AS/NZS 3012
except clause 2.3.4 of that Standard; and
(b) each socket outlet provided on a switchboard for the
connection of portable appliances and equipment is
individually controlled by a double pole switch or other
device that provides the same level of safety as a double
pole switch; and
(c) no aerial cable is fixed onto, or attached to, a scaffold.
Penalty: the regulation 1.16 penalty.
[Regulation 3.61 amended in Gazette 14 Dec 2004 p. 6018;
28  Nov  2008 p. 5031.]

3.62. Tested portable electrical equipment etc., information

required on tags on
A competent person who conducts under clause 3.5, 3.6 or 3.7
of AS/NZS 3012 a test on an item of portable electrical
equipment or a portable residual current device that is intended
for use at a workplace must ensure that, in addition to the
information referred to in clause 3.8.3 of that Standard, the tag
bears —
(a) in the case of a test that is required to be carried out
under an electrical worker’s licence or permit under the
Electricity (Licensing) Regulations 1991 —
(i) the person’s name; and
(ii) the person’s licence or permit number;
or
(b) in the case of a test that need not be carried out under an
electrical worker’s licence or permit under the
Electricity (Licensing) Regulations 1991 —
(i) the person’s name; and

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(ii) if the person holds an electrical worker’s licence

or permit — the person’s licence or permit
number.
Penalty:
(a) for a first offence, $2 000; and
(b) for a subsequent offence, $2 500.
[Regulation 3.62 inserted in Gazette 28 Nov 2008 p. 5041;
amended in Gazette 14 Sep 2010 p. 4407.]

3.63. Portable electrical equipment etc. brought to workplace,

requirements as to
If a person brings to a workplace to which regulation 3.61
applies an item of portable electrical equipment or a portable
residual current device required under AS/NZS 3012 to be
tested then that person must, before the thing is used at the
workplace —
(a) provide the main contractor with a record of the relevant
testing data under that Standard for the thing; and
(b) ensure that the tag bears the name of the competent
person who conducted the test.
Penalty:
(a) in the case of an individual —
(i) for a first offence, $2 000; and
(ii) for a subsequent offence, $2 500;
or
(b) in the case of a body corporate —
(i) for a first offence, $4 000; and
(ii) for a subsequent offence, $5 000.
[Regulation 3.63 amended in Gazette 14 Dec 2004 p. 6014;
28 Nov 2008 p.  5041.]

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3.64. Overhead power lines, duties of employer etc. as to

(1) In this regulation —
danger zone means anywhere that —
(a) is within 0.5 metres of a live insulated overhead power
line or aerial bundled conductor line of a voltage of not
more than 1 000 volts; or
(b) is within 1.0 metre of a live uninsulated overhead power
line of a voltage of not more than 1 000 volts; or
(c) is within 3.0 metres of a live overhead power line,
whether insulated or not, of a voltage exceeding
1 000 volts but not more than 33 000 volts; or
(d) is within 6.0 metres of a live overhead power line,
whether insulated or not, of a voltage exceeding
33 000 volts;
overhead power line means an overhead line for the
transmission of electrical energy.
(2) Subject to subregulation (3), without limiting clause 2.5.5 of
AS/NZS 3012, a person who, at a workplace, is an employer,
the main contractor, a self-employed person or a person having
control of the workplace must ensure that an employee or any
plant or material used or controlled by an employee does not
enter the danger zone of an overhead power line.
Penalty: the regulation 1.16 penalty.
(3) A person does not commit an offence under subregulation (2) if,
proof of which is on the person —
(a) the overhead power line has been adequately insulated
and effectively cordoned off to protect the safety of
persons or otherwise made safe, as the case requires; or
(b) the employee is authorised to carry out electrical work
under the Electricity Act 1945.

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[Regulation 3.64 inserted in Gazette 17 Dec 1999 p. 6232-3;

amended in Gazette 14 Dec 2004 p. 6018; 28 Nov 2008
p. 5031.]

3.65. When electricity to be connected to construction site

The main contractor at a construction site must ensure, if it is
practicable to do so, that by the time when work on the site has
reached plate height or the equivalent, electricity has been
supplied to the site from a supply authority’s service line or
service cable by way of a temporary or permanent connection.
Penalty:
(a) in the case of an individual —
(i) for a first offence, $10 000; and
(ii) for a subsequent offence, $12 500;
or
(b) in the case of a body corporate —
(i) for a first offence, $20 000; and
(ii) for a subsequent offence, $25 000.
[Regulation 3.65 amended in Gazette 14 Dec 2004 p. 6016.]

Division 7 — Scaffolds, gantries, hoardings and barricades and

formwork
3.66. Terms used
In this Division —
barricade means a temporary fence consisting of rigid vertical
and horizontal members;
cantilevered scaffold means a scaffold which is supported by
cantilevered load-bearing members, but does not include a
scaffold the platform of which is carried on frames attached to
or supported by permanent or temporary construction;

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gantry means a structure that is used —

(a) for the overhead protection of persons; and
(b) for the support of materials and persons;
hoarding means a substantial and fully sheeted fence or screen;
hung scaffold means a scaffold which is hung from another
structure and which is not capable of being raised or lowered
when in use;
scaffold means a temporary structure, stage or platform
specifically erected to support access or working platforms,
persons, plant or other material but does not include a gantry;
scaffolding equipment means any component, assembly or
machine used or intended to be used in the construction of a
scaffold;
spur scaffold means a scaffold which is partially supported by
inclined load bearing members;
suspended scaffold means a scaffold incorporating a suspended
platform which is capable of being raised or lowered when in
use and includes a boatswain’s chair.

3.67. Scaffold etc. to be erected, designed etc. in accordance with

standard
(1) A person who erects or dismantles a scaffold at a workplace
must ensure that the erection or dismantling, as the case may be,
is done in accordance with the relevant requirements of
AS/NZS 1576 Parts 1 to 6.
(2) A person who designs, manufactures, imports or supplies
scaffolding equipment for use at a workplace must ensure that it
complies with the relevant requirements of AS/NZS 1576
Parts 1 to 6.
Penalty applicable to subregulations (1) and (2) for a person
who commits the offence as an employee: the
regulation 1.15 penalty.

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Penalty applicable to subregulations (1) and (2) in any other

case: the regulation 1.16 penalty.
[Regulation 3.67 amended in Gazette 10 Jan 2003 p. 64;
14  Dec 2004 p. 6017.]

3.68. Area for scaffold to be clear of rubbish etc.

A person who is the main contractor at a workplace, and a
person who causes a scaffold to be erected at a workplace, must
ensure that an area where a scaffold is to be erected is clear of
rubbish and any material and equipment not required for
immediate use.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[Regulation 3.68 amended in Gazette 14 Dec 2004 p. 6017;
24 Aug 2007 p.  4258.]

3.69. Lugs or saddle piece to support scaffold, welder’s duties as to

(1) A person who welds a lug or saddle piece to a steel structure or
tank which supports, or is to support, a scaffold at a workplace
must not depart for any purpose whatever leaving the lug or
saddle piece partially and incompletely welded.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case:
(a) for a first offence, $25 000; and
(b) for a subsequent offence, $31 250.
(2) A person who welds a lug or saddle piece to a steel structure or
tank which supports, or is to support, a scaffold at a workplace
must endorse his or her initials, with a durable crayon, on the
structure or tank, immediately adjacent to every lug or saddle
piece that has been finally and completely welded.
Penalty:

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(a) for a first offence, $2 000; and

(b) for a subsequent offence, $2 500.
[Regulation 3.69 amended in Gazette 14 Dec 2004 p. 6014
and 6017.]

3.70. Incomplete scaffold, duty of employer etc. as to

If a scaffold is being erected at a workplace but is still
incomplete then a person who, at the workplace, is an employer,
the main contractor or a self-employed person must ensure that
danger tags, warning signs or other appropriate measures are
used to prevent unauthorised access to the scaffold during the
times when it is left unattended.
Penalty: the regulation 1.16 penalty.
[Regulation 3.70 amended in Gazette 14 Dec 2004 p. 6018.]

3.71. Incomplete etc. scaffold, duty of employer etc. to prevent use

of
A person who, at a workplace, is an employer, the main
contractor or a self-employed person must ensure that no person
is required to use a scaffold that is incomplete or in relation to
which there is a danger tag, warning sign or other measure for
the prevention of unauthorised access to the scaffold.
Penalty: the regulation 1.16 penalty.
[Regulation 3.71 amended in Gazette 14 Dec 2004 p. 6018.]

3.72. Certain scaffolds to be inspected and tagged

(1) In this regulation —
licensed person, in relation to a scaffold, means a person who
holds a high risk work licence authorising the person to do
scaffolding work involving that type of scaffold.
(1a) If, at a workplace, there is erected a scaffold from which a
person or object could fall more than 4 metres, the person who
is the main contractor and the person who caused the scaffold to

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be erected must ensure that the scaffold is inspected by a

licensed person and tagged during the inspection in accordance
with subregulation (2) —
(a) before the scaffold is used; and
(b) after the scaffold is altered or repaired; and
(c) at least every 30 days.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
(1b) A person does not commit an offence under subregulation (1a)
in relation to a scaffold if the scaffold, instead of being
inspected by a licensed person, is inspected by a person who
may, under Part 7 Division 2, do scaffolding work involving
that type of scaffold without holding a high risk work licence.
(1c) Nothing in subregulation (1b) is to be taken to affect any other
requirement under subregulation (1a).
(2) The scaffold is to be tagged in a prominent position at every
access to the scaffold with a durable tag that is integrated into
the scaffold and on which is legibly recorded in durable
material —
(a) the date that the scaffold was erected, altered or
repaired, as the case may be; and
(b) the name and signature of the person doing the
inspection; and
(c) whether the scaffold is to be used for —
(i) light duty; or
(ii) medium duty; or
(iii) heavy duty,
as defined by AS/NZS 1576.1.
[Regulation 3.72 amended in Gazette 14 Dec 2004 p. 6017;
24  Aug  2007 p. 4258- 9.]

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3.73. Scaffold not to be removed etc. without authority

A person must not remove or alter a scaffold or any part of a
scaffold at a construction site without the authority of the main
contractor.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[Regulation 3.73 amended in Gazette 14 Dec 2004 p. 6017.]

3.74. Lowering scaffolding equipment, duties of person engaged

in
A person working on a construction site who lowers any
scaffolding equipment from any building or structure must do so
carefully, without throwing or dropping the scaffolding
equipment.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case:
(a) for a first offence, $25 000; and
(b) for a subsequent offence, $31 250.
[Regulation 3.74 amended in Gazette 14 Dec 2004 p. 6017.]

3.75. Hoardings and barricades, when required

The main contractor at a construction site must ensure, for the
purposes of reducing the risk of injury or harm to persons who
are or who are likely to be in the vicinity of, but not on the
construction site, that —
(a) until a hoarding (or, if a barricade could provide
adequate protection against the risk, a barricade) has
been erected, no other construction work is done at the
site; and

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(b) the hoarding or barricade remains in place until the

completion of all the other construction work, unless, in
the case of a barricade, it is replaced by a hoarding.
Penalty: the regulation 1.16 penalty.
[Regulation 3.75 amended in Gazette 14 Dec 2004 p. 6018.]

3.76. Gantries, when required

If there is a risk of an object or material used in construction
work falling, whether from a crane or otherwise, onto persons
who are likely to be in an area that is in the vicinity of, but not
on the construction site, the main contractor at the construction
site must ensure that —
(a) a gantry is erected in the area; and
(b) no construction work other than the erection of the
gantry in the area is done at any place on the site
adjacent to the area until the gantry is erected; and
(c) the gantry remains in place until the completion of all
the other construction work or until there is no longer
the risk that required the presence of the gantry.
Penalty: the regulation 1.16 penalty.
[Regulation 3.76 amended in Gazette 14 Dec 2004 p. 6018.]

3.77. Hoardings, barricades and gantries, design etc. of

The main contractor at a construction site must ensure that the
design, erection, use and maintenance of a hoarding, barricade
or gantry at the site is such that, having regard to the
construction work to be done, the hoarding, barricade or
gantry —
(a) is self-supporting; and
(b) can withstand the loading, if any, to be placed on it.
Penalty: the regulation 1.16 penalty.
[Regulation 3.77 amended in Gazette 14 Dec 2004 p. 6018.]

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3.78. Barricades, hoardings and gantries not to be removed etc.

without authority
A person must not remove or make any alteration to a barricade,
hoarding or gantry on a construction site without the authority
of the main contractor.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[Regulation 3.78 amended in Gazette 14 Dec 2004 p. 6017.]

3.79. Formwork, duties of employer etc. as to

A person who, at a workplace is an employer, the main
contractor or a self-employed person must ensure that formwork
is not constructed or used at the workplace unless the formwork
is so designed, erected, supported, braced and maintained that it
supports safely all vertical or lateral loads and withstands any
force that may be applied to the loads until the loads are
supported by a concrete structure.
Penalty: the regulation 1.16 penalty.
[Regulation 3.79 amended in Gazette 14 Dec 2004 p. 6018.]

3.80. Formwork to be contained within workplace

The main contractor at a workplace must ensure that if
formwork is used at the workplace then material is placed
around the formwork so that in the event that the formwork
fails, no component of the formwork goes outside the workplace
area.
Penalty: the regulation 1.16 penalty.
[Regulation 3.80 amended in Gazette 14 Dec 2004 p. 6018.]

3.81. Formwork, duties of person stripping or lowering

(1) A person who strips formwork must —

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(a) do the work in a systematic manner and so as to

minimise damage to the components; and
(b) remove nails and sharp fixings before stacking the
components; and
(c) upon completion of the work, stack the components of
the formwork so that there is no obstruction either to
access ways or to work areas.
(2) A person who lowers any formwork from any building or
structure must do so carefully, without throwing or dropping the
formwork.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case:
(a) for a first offence, $25 000; and
(b) for a subsequent offence, $31 250.
[Regulation 3.81 amended in Gazette 14 Dec 2004 p. 6017.]

Division 8 — Work in confined spaces

3.82. Terms used
In this Division —
confined space means an enclosed or partially enclosed space
which —
(a) is not intended or designed primarily as a workplace;
and
(b) is at atmospheric pressure during occupancy; and
(c) has restricted means for entry and exit,
and which either —
(d) has an atmosphere containing or likely to contain
potentially harmful levels of contaminant; or
(e) has or is likely to have an unsafe oxygen level; or

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(f) is of a nature or is likely to be of a nature that could

contribute to a person in the space being overwhelmed
by an unsafe atmosphere or a contaminant;
contaminant means any substance, the presence of which may
be harmful to safety or health.
[Regulation 3.82 amended in Gazette 17 Dec 1999 p. 6233.]

3.83. Thing with confined space, duties of designers etc. of

(1) A person who designs, manufactures or supplies, for use at a
workplace, a thing constituting or containing a confined space
must ensure, as far as practicable, that the design eliminates the
need for a person to enter the confined space.
(2) If it is not practicable to eliminate the need for a person to enter
or work in a confined space at the workplace, then a person who
designs, manufactures or supplies the thing constituting or
containing the confined space must ensure —
(a) where practicable, that the thing constituting or
containing the confined space is designed to minimise
risks of injury or harm to a person who enters or works
in the confined space; and
(b) that the thing constituting or containing the confined
space is provided with safe means of entry and exit.
Penalty applicable to subregulations (1) and (2) for a person
who commits the offence as an employee: the
regulation 1.15 penalty.
Penalty applicable to subregulations (1) and (2) in any other
case: the regulation 1.16 penalty.
[Regulation 3.83 amended in Gazette 14 Dec 2004 p. 6017.]

3.84. Modifying thing with confined space

A person who modifies a thing constituting or containing a
confined space at a workplace must ensure that the thing is not
modified to the detriment of the safe means of entry and exit.

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Penalty for a person who commits the offence as an employee:

the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[Regulation 3.84 amended in Gazette 14 Dec 2004 p. 6017.]

3.85. Work in confined space, duty of employer etc. as to

A person who, at a workplace, is an employer, the main
contractor or a self-employed person must ensure that the
provisions of AS/NZS 2865 are complied with in relation to
work done in a confined space at the workplace.
Penalty: the regulation 1.16 penalty.
[Regulation 3.85 amended in Gazette 10 Jan 2003 p. 64;
14  Dec 2004 p. 6018.]

3.86. When employer etc. to ensure person is present outside

confined space
If, at a workplace, there is a risk of injury or harm to a person
who enters or works in a confined space then a person who, at
the workplace, is an employer, the main contractor or a
self-employed person must ensure that no person enters or
works in the confined space unless another person is present in
the immediate vicinity outside the confined space.
Penalty: the regulation 1.16 penalty.
[Regulation 3.86 amended in Gazette 14 Dec 2004 p. 6018.]

3.87. Training in relation to work in confined spaces, duties of

employer etc. as to
(1) If a person is to enter or work in a confined space at a
workplace then a person who, at the workplace, is an employer,
the main contractor or a self-employed person must ensure that
persons referred to in subregulation (2) receive training on the
matters referred to in subregulation (3).
Penalty: the regulation 1.16 penalty.

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(2) The persons to receive the training are the persons who —
(a) work in or near a confined space; and
(b) manage or supervise persons working in or near
confined spaces; and
(c) purchase or maintain equipment used by, or for the
rescue or protection of, persons working in or near
confined spaces; and
(d) are required to be in the immediate vicinity outside the
confined space for the purposes of regulation 3.86; and
(e) are involved in rescue and first aid procedures in relation
to persons working in or near confined spaces.
(3) The training is to include the following matters —
(a) the hazards of the confined space; and
(b) assessment procedures; and
(c) control measures; and
(d) emergency procedures; and
(e) the selection, use, fit, storage and maintenance of safety
equipment.
[Regulation 3.87 amended in Gazette 14 Dec 2004 p. 6018.]

Division 9 — Safety requirements in relation to certain

work processes

Subdivision 1 — Tilt-up concrete and precast concrete elements

[Heading amended in Gazette 22 Oct 2004 p. 4834.]

3.88. Terms used

(1) In this Subdivision —
concrete panel means a concrete panel that is manufactured as a
separate and movable panel for the purpose of being
incorporated as a wall once the process by which the panel is
manufactured is complete, but does not include a column, beam
or paving slab or a panel that is for decorative purposes only;

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tilt-up work means any of the following —

(a) the manufacture, transport, cranage, temporary storage,
erection or temporary bracing of a concrete panel;
(b) the fixing of a concrete panel for the incorporation of the
panel as a wall;
(c) the removal of temporary bracing of a concrete panel;
wall includes a retaining wall.
(2) For the purposes of this Subdivision, a reference in AS 3850 to
a tilt-up panel is to be treated as a reference to a concrete panel
as defined in subregulation (1).
[Regulation 3.88 inserted in Gazette 22 Oct 2004 p. 4835.]

3.88A. Commissioner to be notified of proposed manufacture of

concrete panel
(1) A person who, at a workplace (other than a construction site)
where a concrete panel is proposed to be manufactured, is an
employer or a self-employed person must ensure that the
Commissioner is notified of the proposed work at least
10 working days before the panel is proposed to be cast.
(2) A person who, at a construction site where a concrete panel is
proposed to be manufactured, is the main contractor must
ensure that the Commissioner is notified of the proposed work
at least 10 working days before the panel is proposed to be cast.
(3) A notice under subregulation (1) or (2) is to be in an approved
form and must specify —
(a) the construction site or other workplace at which the
proposed manufacturing work is to take place; and
(b) the construction site at which the panel is to be
incorporated as a wall once the process by which the
panel is manufactured is complete.
Penalty applicable to subregulations (1) and (2): the
regulation 1.16 penalty.

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(4) A person referred to in subregulation (1) (other than the

Commissioner) must ensure that a copy of the notice is given to
the main contractor at the construction site referred to in
subregulation (3)(b) within the period referred to in
subregulation (1).
Penalty:
(a) in the case of an individual —
(i) for a first offence, $2 000; and
(ii) for a subsequent offence, $2 500;
or
(b) in the case of a body corporate —
(i) for a first offence, $4 000; and
(ii) for a subsequent offence, $5 000.
[Regulation 3.88A inserted in Gazette 22 Oct 2004 p. 4835- 6;
amended in Gazette 14 Dec 2004 p. 6014 and 6018.]
3.88B. Concrete panels to be designed etc. in accordance with
standard
(1) A person who, at a workplace (other than a construction site)
where a concrete panel is proposed to be manufactured, is an
employer or a self-employed person must ensure that —
(a) the design and shop drawings of the panel are in
accordance with AS 3850 section 3; and
(b) the materials, components and equipment used in the
manufacture of the panel are in accordance, or used in
accordance, with AS 3850 section 2; and
(c) the manufacture of the panel is in accordance with
AS 3850 section 4; and
(d) a competent person who is not involved in the original
form set-up conducts an inspection referred to in
AS 3850 section 4.10 and provides a written report
setting out the inspection results.

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(2) A person who, at a construction site where a concrete panel is

proposed to be manufactured, is the main contractor must
ensure that —
(a) the design and shop drawings of the panel are in
accordance with AS 3850 section 3; and
(b) the materials, components and equipment used in the
manufacture of the panel are in accordance, or used in
accordance, with AS 3850 section 2; and
(c) the manufacture of the panel is in accordance with
AS 3850 section 4; and
(d) a competent person who is not involved in the original
form set-up conducts an inspection referred to in
AS 3850 section 4.10 and provides a written report
setting out the inspection results.
Penalty applicable to subregulations (1) and (2): the
regulation 1.16 penalty.
[Regulation 3.88B inserted in Gazette 22 Oct 2004 p. 4836;
amended in Gazette 14 Dec 2004 p. 6018.]

3.88C. Concrete panel at construction site to be transported etc. in

accordance with standard
(1) A person who, at a construction site, is the main contractor, an
employer or a self-employed person must ensure that —
(a) the transport of a concrete panel at or adjacent to the
construction site is in accordance with AS 3850
section 5; and
(b) the cranage, temporary storage and erection of a
concrete panel at the construction site is in accordance
with AS 3850 section 5.
Penalty: the regulation 1.16 penalty.

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(2) For the purposes of subregulation (1), a reference in AS 3850 —

(a) section 5.1 to a delivery vehicle is to be treated as a
reference to a vehicle that transports a concrete panel at
or adjacent to the construction site; and
(b) section 5.1.3 to the specification of particular
requirements for the unloading of panels is to be treated
as a reference to the specification of such matters by a
qualified practising engineer; and
(c) section 5.2 to a designated area is to be treated as a
reference to an area that is —
(i) well-drained and consolidated; and
(ii) located where there is little chance of damage to
the panels to be stored; and
(iii) adequate to support the weight of the panels to
be stored and any necessary stacking frames; and
(iv) unlikely to settle unevenly;
and
(d) section 5.4.3 to a suitably qualified person is to be
treated as a reference to a qualified practising engineer.
[Regulation 3.88C inserted in Gazette 22 Oct 2004 p. 4837;
amended in Gazette 14 Dec 2004 p. 6018.]

3.88D. Concrete panel at construction site to be temporarily braced

in accordance with standard
(1) A person who, at a construction site, is the main contractor, an
employer or a self-employed person must ensure that —
(a) the design of temporary bracing for a concrete panel at
the construction site is in accordance with AS 3850
section 6; and

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(b) the temporary bracing of a concrete panel at the

construction site is in accordance with AS 3850
section 6.
Penalty: the regulation 1.16 penalty.
(2) For the purposes of subregulation (1), a reference in AS 3850
section 6.2 to written approval for a variation is to be treated as
a reference to the written approval of a qualified practising
engineer.
[Regulation 3.88D inserted in Gazette 22 Oct 2004 p. 4837-8;
amended in Gazette 14 Dec 2004 p. 6018.]

3.88E. Concrete panel at construction site to be fixed etc. in

accordance with standard
A person who, at a construction site, is the main contractor, an
employer or a self-employed person must ensure that —
(a) the fixing of a concrete panel for the incorporation of the
panel as a wall at the construction site is in accordance
with AS 3850 section 7; and
(b) the removal of temporary bracing of a concrete panel at
the construction site is in accordance with AS 3850
section 7.
Penalty: the regulation 1.16 penalty.
[Regulation 3.88E inserted in Gazette 22 Oct 2004 p. 4838;
amended in Gazette 14 Dec 2004 p. 6018.]

3.88F. Tilt-up work at construction site not to be done unless

Commissioner notified under r. 3.88A
A person must not do any kind of tilt-up work in relation to a
concrete panel (other than work relating to the manufacture of a
concrete panel at a stage before the panel is cast) at a
construction site unless the Commissioner has been notified of
the intention to manufacture the panel under
regulation 3.88A(1) or (2), as is relevant to the case.

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Penalty for a person who commits the offence as an employee:

the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[Regulation 3.88F inserted in Gazette 22 Oct 2004 p. 4838;
amended in Gazette 14 Dec 2004 p. 6017.]

3.88G. Construction site where tilt-up work done, documents

required at
(1) The main contractor at a construction site must ensure that at all
times when tilt-up work is being done at the site there is kept at
the site —
(a) if a concrete panel that is, or is to be, involved in the
work was manufactured at a place other than the
construction site, the copy of the notification to the
Commissioner given under regulation 3.88A(4) to the
main contractor in respect of the panel; and
(b) if a concrete panel that is, or is to be, involved in the
work was manufactured at the construction site, a copy
of the notification under regulation 3.88A(2) given to
the Commissioner in respect of the panel; and
(c) a copy of any exemption under regulation 2.12 relating
to the work; and
(d) a copy of the shop drawings of each concrete panel that
is, or is to be, involved in the work; and
(e) a current plan setting out details of the proposed
execution of the work; and
(f) a copy of any written or diagrammatic advice, from a
qualified practising engineer, received by the main
contractor, that sets out the manner in which an aspect of
the work should be executed; and
(g) in relation to each concrete panel that is, or is to be,
involved in the work, a copy of the inspection report for
that panel referred to in regulation 3.88B(1)(d) or (2)(d),
as is relevant to the case.

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Penalty: the regulation 1.16 penalty.

(2) Nothing in subregulation (1) limits the operation of
regulation 3.2.
[Regulation 3.88G inserted in Gazette 22 Oct 2004 p. 4838-9;
amended in Gazette 14 Dec 2004 p. 6018.]
3.88H. Construction site area where tilt-up work being done, duty
of main contractor etc. to limit entry to
A person who, at a construction site where tilt-up work is being
done, is the main contractor, an employer, a self-employed
person, a person having control of the workplace or a person
having control of access to the workplace (a responsible
person) must not allow any person to enter or remain in an area
of the site where tilt-up work is being done except —
(a) a person doing the work; or
(b) a person who has the written authority of a responsible
person to enter the area for a purpose connected with the
work; or
(c) a person authorised under a written law to enter the area.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[Regulation 3.88H inserted in Gazette 22 Oct 2004 p. 4839;
amended in Gazette 14 Dec 2004 p. 6017.]
3.88I. Certain persons to ensure only trained persons manufacture
etc. concrete panels
(1) A person who, at a workplace where a concrete panel is
proposed to be manufactured, is a person having control of the
workplace must ensure that —
(a) the manufacture is directly supervised by a person who
has completed an approved course for managers and
supervisors in the construction industry concerning the
manufacture of concrete panels; and

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(b) each person involved in the manufacture has completed

an approved course for persons involved in the
manufacture of concrete panels concerning the aspect of
the work in which the person is involved.
Penalty applicable to a person who commits the offence as an
employee: the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
(2) A person does not commit an offence under subregulation (1) if
the person’s failure to comply with the subregulation occurred
before 1 July 2005.
[Regulation 3.88I inserted in Gazette 22 Oct 2004 p. 4840;
amended in Gazette 14 Dec 2004 p. 6017.]

3.88J. Certain persons to ensure only trained persons do tilt-up

work other than manufacturing concrete panels
(1) A person who, at a construction site where tilt-up work (other
than work relating to the manufacture of a concrete panel) is
proposed to be done, is a person having control of the
workplace must ensure that —
(a) the work is directly supervised by a person who has
completed an approved course for managers and
supervisors in the construction industry concerning
tilt-up work; and
(b) each person involved in the work has completed an
approved course for persons involved in tilt-up work
concerning the aspect of the tilt-up work in which the
person is involved.
Penalty applicable to a person who commits the offence as an
employee: the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.

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(2) A person does not commit an offence under subregulation (1) if

the person’s failure to comply with the subregulation occurred
before 1 July 2005.
[Regulation 3.88J inserted in Gazette 22 Oct 2004 p. 4840;
amended in Gazette 14 Dec 2004 p. 6017.]

Subdivision 2 — Moulding and casting

3.89. Moulding and casting metal, duties of employer etc. as to

(1) A person who, at a workplace at which moulding or casting of
metal is done, is an employer, a main contractor or a
self-employed person must ensure that the moulding or casting
is not done within 3 metres of —
(a) any part of a furnace that is in use; or
(b) any part of a receptacle or ladle that is in use or about to
be used in the process of tapping hot metal from a
furnace.
(2) A person does not commit an offence under subregulation (1) if,
proof of which is on the person, the moulding or casting is of a
type that is required to be done in close proximity to, or in direct
contact with, a furnace.
(3) A person who, at a workplace at which moulding or casting of
metal is done, is an employer, a main contractor or a
self-employed person must ensure —
(a) that the surface on which moulding or casting is done is
level; and
(b) if molten metal is to be carried by hand, that the
walkway or floor over which it is carried is as even and
level as practicable; and
(c) that the area within a 3 metre radius of the place where
moulding or casting is being done is kept clear of any
hazard.

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Penalty applicable to subregulations (1) and (3): the

regulation 1.16 penalty.
[Regulation 3.89 amended in Gazette 14 Dec 2004 p. 6018.]

3.90. Pits and deep moulds, duties of employer etc. as to

A person who, at a workplace at which a pit or deep mould is
used for the moulding or casting of metal, is an employer, a
main contractor or a self-employed person must ensure —
(a) that around the pit or deep mould there is a fence at least
one metre high with a fender board and that the fence is
removed only for the purposes of working the pit or
deep mould; and
(b) in the case of a below ground pit furnace, that the pit is
either fenced in accordance with paragraph (a) or that
any unfenced areas are covered by a substantial grating
that is hinged or otherwise moveable so as to allow the
removal of metal from the furnace; and
(c) in the case of a pit or deep mould that is used frequently,
that the internal walls are lined with bricks or concrete
or other material that provides adequate reinforcement
and keeps the pit or mould dry; and
(d) in the case of a pouring pit at which a ladle is used for
taking molten metal from the furnace, that either —
(i) there is permanently fitted an automatic guiding
mechanism that prevents spillage; or
(ii) there is a clearance of at least 300 mm between
the side of the pit and any part of the ladle or
attachment to the ladle;
and
(e) in the case of a pit or deep mould where a person is
required to stand or work over or near the edge of the pit
or deep mould, that the floor or walkway on which the

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person works is at a uniform level and that the edge is

covered by a grating that —
(i) is substantial enough to prevent a person falling
into the opening; and
(ii) as far as practicable, is flush with the
surrounding floor and walkways.
Penalty: the regulation 1.16 penalty.
[Regulation 3.90 amended in Gazette 14 Dec 2004 p. 6018.]

3.91. Ladles, duties of employer etc. as to

A person who, at a workplace at which moulding or casting of
metal is done, is an employer, a main contractor or a
self-employed person must ensure that —
(a) each hand-carried ladle is fitted with a suitable shield or
guard to protect each person carrying the ladle from the
effects of radiant heat; and
(b) each handle on a hand-carried ladle has safe gripping
points; and
(c) when a double-handled ladle is used, there is not carried
a mass greater than a mass calculated on the basis of
19 kg for each person operating the ladle; and
(d) where practicable, each lip pouring ladle is fitted with a
safety device to prevent the accidental tipping of the
ladle; and
(e) each lip pouring ladle that has a capacity of more than
500 kg is fitted with —
(i) a gear-operated device that enables the operator
to directly control the tilting of the ladle at all
times; and
(ii) a locking mechanism which prevents the ladle
from tilting until the locking mechanism is
released by the operator;
and

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(f) each bottom pouring ladle is fitted with an opening

mechanism that enables the operator to directly control
the ladle at all times, even if the ladle strikes another
object; and
(g) that maintenance work on a ladle is not done in the
vicinity of moulding or casting work; and
(h) ladles are not heated or dried in a foundry by means of
an open coal, coke or wood fire unless the means of
extracting fumes generated by the heating or drying
process and the means of ventilation are as close as
practicable to the point where the heating or drying is
done.
Penalty: the regulation 1.16 penalty.
[Regulation 3.91 amended in Gazette 14 Dec 2004 p. 6018.]

3.92. Foundry, duties of employer etc. as to work at under

moulding box etc.
A person who, at a workplace that is a foundry, is an employer
or a self-employed person must ensure that no work is done in
the foundry under a moulding box, core or casting unless the
box, core or casting, as the case may be, is securely supported
either on a trestle or on a support of a similar kind.
Penalty: the regulation 1.16 penalty.
[Regulation 3.92 amended in Gazette 14 Dec 2004 p. 6018.]

3.93. Moulds etc. for spare metal to be available

A person who, at a workplace at which moulding or casting of
metal is done, is an employer, a main contractor or a
self-employed person must ensure that an adequate number of
moulds or chills into which spare metal may be poured are
immediately available to persons doing moulding or casting.
Penalty: the regulation 1.16 penalty.
[Regulation 3.93 amended in Gazette 14 Dec 2004 p. 6018.]

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Subdivision 3 — Welding and allied processes

3.94. Terms used

In this Subdivision —
allied process includes cutting, grinding and gouging associated
with welding;
welding means the joining of material by means of heat or
pressure or both so that the material is united in a homogenous
mass.

3.95. Fume extraction etc. when welding etc., duty of employer

etc. as to
A person who, at a workplace at which welding or an allied
process is done, is an employer, a main contractor or a
self-employed person must ensure, for the purposes of
complying with regulation 3.38 in relation to the workplace, that
the means of extracting fumes generated by the welding or the
allied process and the means of ventilation are as close as
practicable to the point where the welding or allied process is
done.
Penalty: the regulation 1.16 penalty.
[Regulation 3.95 amended in Gazette 14 Dec 2004 p. 6018.]

3.96. Welding etc., duties of employer etc. as to

A person who, at a workplace at which welding or an allied
process is done, is an employer, a main contractor or a
self-employed person must ensure that the welding or allied
process is done in accordance with the provisions of AS 1674
applying to the type of welding or allied process.
Penalty: the regulation 1.16 penalty.
[Regulation 3.96 amended in Gazette 14 Dec 2004 p. 6018.]

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3.97. Protective screens when electric welding, duty of employer

etc. as to
A person who, at a workplace at which an electric welding
process is done, is an employer, a main contractor or a
self-employed person must ensure, where practicable, that
suitable screens are provided to protect persons in the vicinity of
the welder from harmful rays produced by the process.
Penalty: the regulation 1.16 penalty.
[Regulation 3.97 amended in Gazette 14 Dec 2004 p. 6018.]

3.98. Flashback arresters when gas welding etc., duties of

employer etc. as to
(1) A person who, at a workplace at which gas welding, heating,
cutting or an allied process is done, is an employer, a main
contractor or a self-employed person must ensure that a
flashback arrester is fitted —
(a) on the operator’s side of each regulator connection or
gas discharge of a manifolded cylinder pack; and
(b) to the blowpipe.
Penalty: the regulation 1.16 penalty.
(2) Subregulation (1) does not apply to a gas cylinder that is used
with atmospheric air.
[Regulation 3.98 amended in Gazette 17 Dec 1999 p. 6233;
8  Mar 2002 p. 962; 14 Dec 2004 p.  6018; 9 Sep 2005
p.  4159; 25 Aug 2009 p. 3313.]

Subdivision 4 — Spray painting

3.99. Terms used

In this Subdivision —
flammable paint means any —
(a) paint; or

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(b) other liquid used in a spray painting process,

with a flash point of or below 61°C when determined in
accordance with AS/NZS 2106;
powder paint means any paint in solid powder form that is
capable of being ignited;
spray painting means the application, either alone or in
combination, of flammable paint, toxic paint or powder paint to
an object by a spray painting process, whether done manually,
mechanically or automatically;
spray painting process means spray painting by one of the
following methods —
(a) airless — whereby flammable paint, toxic paint or
powder paint, either alone or in combination, is ejected
from a spray nozzle under hydraulic pressure;
(b) compressed air — whereby a mixture of air and
flammable paint, toxic paint or powder paint, either
alone or in combination, is applied under pressure;
(c) electrostatic — whereby an object and flammable paint,
toxic paint or powder paint, either alone or in
combination, are electrically charged at opposite
polarities;
(d) any combination of the processes referred to in
paragraphs (a), (b) and (c);
toxic paint means a paint, solvent, liquid or other material
which contains a substance referred to in an item in
Schedule 3.2 in the quantity and, where applicable, calculated in
the manner, specified in that item.
[Regulation 3.99 amended in Gazette 10 Jan 2003 p. 64.]
3.100. Spray painting, duty of employer etc. to ensure use of booth
for
(1) A person who, at a workplace at which spray painting is done, is
an employer, a main contractor or a self-employed person must
ensure that the spray painting is done inside a booth that is

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designed, constructed, installed and maintained in accordance

with AS/NZS 4114.
Penalty: the regulation 1.16 penalty.
(2) A person does not commit an offence under subregulation (1) if,
proof of which is on the person —
(a) it is not practicable to do the spray painting in a booth;
or
(b) the work to be done is spotting, touching up, or another
minor operation.
[Regulation 3.100 amended in Gazette 14 Dec 2004 p. 6018.]

3.101. Electrostatic spray painting, duties of employer etc. as to

A person who, at a workplace at which spray painting is done
by an electrostatic process, is an employer, a main contractor or
a self-employed person must ensure that —
(a) all electrical equipment complies with AS 2268 and
AS/NZS 3000; and
(b) the equipment has automatic controls that operate
without delay —
(i) to give audible warning; and
(ii) to disconnect the power supply to any high
voltage transformer being used,
in the event of a failure of the ventilation system or
stoppage of any conveyor carrying objects through the
high voltage field used in the process; and
(c) objects being painted are maintained in effective
metallic contact with the conveyor or other earthed
support and all hooks are kept clean to ensure
maintenance of this contact; and

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(d) where practicable, sharp points or knife edges and points

of contact are shielded from random spray or are so
located as not to collect spray material during normal
operations.
Penalty: the regulation 1.16 penalty.
[Regulation 3.101 amended in Gazette 10 Jan 2003 p. 64;
14 Dec 2004 p. 6018.]

Subdivision 5 — Abrasive blasting

3.102. Terms used

In this Subdivision —
abrasive blasting means propelling a stream of abrasive
material at high speed against a surface by means of compressed
air, liquid, steam, centrifugal wheels or paddles for the purpose
of cleaning, abrading, etching or otherwise changing the
original appearance or condition of the surface;
abrasive material means any substance, including metal shot,
metal grit or slag (whether or not incorporated in water or other
liquid or steam) used or intended to be used as an abrasive for
abrasive blasting;
blasting cabinet means a structure used for abrasive blasting
and which is designed so that when operating, the presence of a
person inside the cabinet is not required;
blasting chamber means a structure used for abrasive blasting
and which is designed so that when operating, the presence of a
person inside the chamber is required;
compressed air wet abrasive blast cleaning means abrasive
blasting where liquid is added to the abrasive material at least
3 metres before the nozzle exit of the propellant (or 100 mm
before the nozzle exit when a venturi is used);

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dry abrasive blasting means abrasive blasting conducted

without the addition of water or other liquid to the abrasive
material or its propellant;
pressurised liquid blast cleaning means the cleaning of an
object using liquid that is compressed or pressurised;
wet abrasive blasting means compressed air wet abrasive blast
cleaning or pressurised liquid blast cleaning.

3.103. Abrasive blasting equipment, duties of employer etc. as to

(1) A person who, at a workplace, is an employer, the main
contractor or a self-employed person must ensure that
equipment used for the purposes of abrasive blasting at the
workplace —
(a) is designed so that the person operating the nozzle can
control the flow of abrasive material through the nozzle;
and
(b) has hose whip checks or hose coupling safety locks or
both; and
(c) in the case of equipment used for dry abrasive blasting,
has an efficient means for the discharge of static
electrical charge from the abrasive blasting nozzle; and
(d) in the case of equipment used for wet abrasive blasting,
has a water flow rate sufficient to prevent the generation
of dust.
(2) A person who, at a workplace at which equipment is used for
the purposes of abrasive blasting, is an employer, the main
contractor, or a self-employed person must ensure that —
(a) the equipment includes a device designed to cut off
automatically the flow of abrasive material through the
nozzle if the person operating the nozzle becomes
unable to do so; or

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(b) procedures are in place which enable a person other than

the person operating the nozzle to cut off the flow of
abrasive material if the person operating the nozzle
becomes unable to do so.
Penalty applicable to subregulations (1) and (2): the
regulation 1.16 penalty.
[Regulation 3.103 amended in Gazette 17 Dec 1999
p.  6233-4; 14 Dec 2004 p. 6018.]

3.104. Blasting cabinet or chamber, duties of employer etc. as to

A person who, at a workplace, is an employer, the main
contractor or a self-employed person must ensure that each
blasting cabinet or blasting chamber at the workplace —
(a) is constructed of hard wearing non-combustible
materials; and
(b) is designed and maintained —
(i) to prevent the escape of dust; and
(ii) to minimise internal projections on which dust
may settle;
and
(c) which has any window or inspection port —
(i) has each such window or inspection port fixed in
a metal sash; and
(ii) has each such window or inspection port
maintained so as to permit effective inspection of
operations; and
(iii) that is glazed, has glass that is toughened safety
glass, laminated safety glass or safety wired glass
manufactured to the requirements of
AS/NZS 2208 for each such glazed window or
inspection port;
and

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(d) has a mechanical exhaust system that effectively extracts

the dust from the blasting cabinet or the blasting
chamber and which is arranged so as to prevent re-entry
of the extracted dust into the blasting cabinet or blasting
chamber and the workplace.
Penalty: the regulation 1.16 penalty.
[Regulation 3.104 amended in Gazette 10 Jan 2003 p. 64;
14 Dec 2004 p. 6018.]
3.105. Blasting chamber, duties of employer etc. as to lighting and
exits for
A person who, at a workplace, is an employer, the main
contractor or a self-employed person must ensure that each
blasting chamber at the workplace —
(a) has illumination to at least 200 lux, measured on a
horizontal plane situated one metre above the floor; and
(b) has 2 exits —
(i) located as far from each other as is practicable;
and
(ii) both of which are fitted with a quick release
system.
Penalty: the regulation 1.16 penalty.
[Regulation 3.105 amended in Gazette 14 Dec 2004 p. 6018.]

3.106. Abrasive blasting, protective equipment required for person

doing
If, at a workplace, a person does abrasive blasting of a kind
other than abrasive blasting done in a blasting cabinet, then a
person who, at the workplace, is an employer, the main
contractor or a self-employed person must ensure that —
(a) the first-mentioned person is provided with a supplied
air respirator which is fitted with an inner bib; and

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(b) the first-mentioned person wears a shoulder cape, jacket

or protective suit.
Penalty: the regulation 1.16 penalty.
[Regulation 3.106 amended in Gazette 14 Dec 2004 p. 6018.]

3.107. Radioactive substances not to be used in abrasive blasting

A person who, at a workplace, is an employer, the main
contractor or a self-employed person must ensure that no
material containing any radioactive substance as defined in the
Radiation Safety Act 1975 is used in any abrasive blasting at the
workplace.
Penalty: the regulation 1.16 penalty.
[Regulation 3.107 amended in Gazette 14 Dec 2004 p. 6018.]

Subdivision 6 — Excavations and earthworks

3.108. Excavation work, employer etc. to assess means of reducing
risks from
A person who, at a workplace where excavation work is to be
done, is an employer, the main contractor or a self-employed
person must consider, as part of the assessment process referred
to in regulation 3.1, whether any identified risk of injury or
harm to persons doing the work, persons in an excavated area or
persons otherwise in the vicinity of the work may be reduced by
any of the following means —
(a) temporary support systems;
(b) battering;
(ba) benching;
(c) other forms of retaining structures whether of a
temporary or permanent nature;
(d) de-watering systems,
for use or application during and after the work.
Penalty: the regulation 1.16 penalty.

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[Regulation 3.108 amended in Gazette 14 Dec 2004 p. 6018;

6 Jan 2006 p.  11.]

3.109. Excavation work, employer etc. to reduce risk from

(1) If, at a workplace where excavation work is to be done, any
person is at risk of injury because of the excavation work then a
person who, at the workplace, is an employer, the main
contractor or a self-employed person must ensure that —
(a) suitable barriers are erected between the person at risk
and the likely cause of the danger; and
(b) suitable signs that warn of the risk are erected at the
place where the excavation work is to be done.
(2) If, at a workplace, there is an excavated area in, around, or
across the top of, which persons can move or plant can be
moved then a person who, at the workplace, is an employer, the
main contractor, a self-employed person or a person having
control of the workplace must ensure, as far as is practicable,
that —
(a) persons can move safely in, around, and across the top
of, the area; and
(b) plant can be moved safely in, around, and across the top
of, the area.
Penalty applicable to subregulations (1) and (2): the
regulation 1.16 penalty.
[Regulation 3.109 inserted in Gazette 6 Jan 2006 p. 12.]

3.110. Excavation work, employer etc. to prevent loads etc. near

A person who, at a workplace where excavation work is done, is
an employer, the main contractor or a self-employed person
must ensure that no item of plant, no excavated material and no
other load is placed near the excavated area in a position where
there is risk that —
(a) the sides of the excavated area may collapse; or

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(b) the plant, material or other load may fall into the
excavated area.
Penalty: the regulation 1.16 penalty.
[Regulation 3.110 amended in Gazette 14 Dec 2004 p. 6018.]

3.111. Excavation work etc., duty of employer etc. as to shoring

(1) If, at a workplace —
(a) any excavation work or earthwork is to be done and
there is a risk that the matter forming, or adjacent to, the
excavated area or the earthwork may fall or dislodge; or
(b) a person is required to work in an excavated area or
other opening in the ground that is at least 1.5 metres
deep,
then a person who, at the workplace is an employer, the main
contractor or a self-employed person must ensure that while a
person is working in or near the work, area or opening, the
work, area or opening is shored in a manner which will prevent
it from collapsing or moving.
Penalty: the regulation 1.16 penalty.
(2) A person does not commit an offence under subregulation (1) if,
proof of which is on the person, the sides of the work, area or
opening have been assessed by a competent person to be
self-supporting by virtue of the angle of the slope of the sides or
the stability of the matter comprising the sides.
[Regulation 3.111 amended in Gazette 14 Dec 2004 p. 6018;
6 Jan 2006 p.  12.]

3.112. Work in certain excavated areas, employer etc. to ensure

another person is nearby
(1) If a person is required to work in an excavated area or in another
opening in the ground, either of which is at least 1.5 metres
deep, then a person who, at the workplace, is an employer, the
main contractor or a self-employed person must ensure that the

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first-mentioned person does not do any work without at least

one other person being present in the immediate vicinity of the
area where the work is being done.
Penalty: the regulation 1.16 penalty.
(2) A person does not commit an offence under subregulation (1) if,
proof of which is on the person, the sides of the excavated area
or opening have been assessed by a competent person to be
self-supporting by virtue of the angle of the slope of the sides or
the stability of the matter comprising the sides.
[Regulation 3.112 amended in Gazette 14 Dec 2004 p. 6018.]

3.113. Buildings etc. near excavation work etc., employer etc. to

protect stability of
If any excavation work or earthwork to be done at a workplace
is likely to adversely affect the stability of any building or
structure or any road then a person who, at the workplace, is an
employer, the main contractor or a self-employed person must
ensure that the work is not commenced or continued unless the
stability of the building or structure or the road is protected by
sheet piling, shoring, bracing, guying or other appropriate
means.
Penalty: the regulation 1.16 penalty.
[Regulation 3.113 amended in Gazette 14 Dec 2004 p. 6018.]

Subdivision 7 — Demolition
[Heading inserted in Gazette 30 Mar 2001 p. 1774.]

3.114. Terms used

In this Subdivision —
class 1, in relation to demolition work, means demolition work
of any of the following kinds —
(a) work comprising the total demolition of a building or
structure that is 10 metres or more in height when

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measured from the lowest ground level of the building

or structure to the highest part of the building or
structure;
(b) work —
(i) comprising the partial demolition of a building or
structure that is 10 metres or more in height
when measured from the lowest ground level of
the building or structure to the highest part of the
building or structure; and
(ii) affecting the structural integrity of the building
or structure;
(c) work —
(i) comprising the total or partial demolition of a
building or structure; and
(ii) involving the use of load shifting equipment on a
suspended floor;
(d) work comprising the total or partial demolition of
pre-tensioned or post-tensioned structural components
of a building or structure;
(e) work comprising the total or partial demolition of a
building or structure containing precast concrete
elements erected by the tilt-up method of construction;
(f) work involving the removal of key structural members
of a building or structure so that the whole or a part of
the building or structure collapses;
(g) work done to a building or structure involving
explosives;
(h) work comprising the demolition or partial demolition of
a building or structure that involves the use of a tower
crane or any crane with a safe working load greater than
100 tonnes;
(i) work involving the removal of an area of brittle or
fragile roofing material in excess of 200 m2 from a
building or structure if any part of the area to be

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removed is 10 metres or more above the lowest ground

level of the building or structure;
class 2, in relation to demolition work, means demolition work
comprising the total or partial demolition of a building or
structure that is less than 10 metres in height when measured
from the lowest ground level of the building or structure to the
highest part of the building or structure but does not include —
(a) the total or partial demolition of a single storey
dwelling; or
(b) work of a kind referred to in paragraphs (c), (d), (e), (f),
(g), or (h) of the definition of class 1;
class 3, in relation to demolition work, means work comprising
the removal of more than 200 m² of brittle or fragile roofing
material from a building or structure;
demolition means the complete or partial dismantling of a
building or structure by pre-planned and controlled methods or
procedures;
licence means a licence issued under regulation 3.116(2);
licensed person, in relation to class 1, class 2 or class 3
demolition work, means a person who has been issued with a
licence that allows the person to do that class of demolition
work.
[Regulation 3.114 inserted in Gazette 30 Mar 2001 p. 1774-5;
amended in Gazette 7 Jun 2002 p. 2734; 22 Dec 2009
p.  5236.]

3.115. Application of Subdivision

(1) This Subdivision does not apply to the demolition of a building
or structure by a person in the metal fabrication or engineering
industry in the course of maintaining, refurbishing, upgrading,
modifying or decommissioning plant.
(2) This Subdivision does not apply to the demolition of —
(a) a fence or wall less than 1.8 metres in height; or

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(b) a building or structure less than 2 metres in height.

[Regulation 3.115 inserted in Gazette 30 Mar 2001 p. 1775- 6;
amended in Gazette 7 Jun 2002 p. 2734.]

3.116. Class 1, 2 or 3 demolition licences, application for etc.

(1) A person may, in an approved form, apply to the Commissioner
to be licensed to do class 1, class 2 or class 3 demolition work
and the application is to be accompanied by the appropriate fee
set out in Schedule 6.1A, which is to be refunded if the
application is refused.
(2) On an application under subregulation (1) the Commissioner
may issue to the applicant a licence to do class 1, class 2 or
class 3 demolition work if the Commissioner is satisfied that the
applicant is able to do that class of demolition work in a safe
and proper manner.
(3) A licence may be issued subject to such conditions that
the Commissioner sees fit and endorses on the licence.
(4) A licence has effect for 2 years from its issue unless it is sooner
cancelled or suspended under subregulation (5).
(5) The Commissioner may, by notice in writing, cancel or suspend
a licence issued to a person if —
(a) the person is convicted of an offence against these
regulations or the Act; or
(b) in the opinion of the Commissioner, the person —
(i) breaches a condition of the licence; or
(ii) is unable to comply with a condition of the
licence or a provision of these regulations or
the Act.
[Regulation 3.116 inserted in Gazette 30 Mar 2001 p. 1776.]

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3.117. Class 1, 2 or 3 demolition work not to be done without or

contrary to licence
(1) A person must not do class 1 demolition work unless the person
has been issued with a licence to do class 1 demolition work and
the work is done in accordance with the conditions of the
licence, if any.
(2) A person must not do class 2 demolition work unless the person
has been issued with a licence to do class 1 or class 2 demolition
work and the work is done in accordance with the conditions of
the licence, if any.
(3) A person must not do class 3 demolition work unless the person
has been issued with a licence to do class 1 or class 3 demolition
work and the work is done in accordance with the conditions of
the licence, if any.
(4) A person licensed to do class 2 demolition work must not do
class 3 demolition work unless —
(a) the building or structure from which the roofing is
removed is less than 10 metres in height when measured
from the lowest ground level of the building or structure
to the highest part of the building or structure; and
(b) the work is done in accordance with the conditions of
the licence, if any.
Penalty applicable to subregulations (1), (2), (3) and (4) for a
person who commits the offence as an employee: the
regulation 1.15 penalty.
Penalty applicable to subregulations (1), (2), (3) and (4) in any
other case: the regulation 1.16 penalty.
[Regulation 3.117 inserted in Gazette 30 Mar 2001 p. 1776- 7;
amended in Gazette 7 Jun 2002 p. 2734-5; 14 Dec 2004
p. 6017.]

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3.118. Class 1, 2 or 3 demolition work, duty of employer etc. to

ensure person doing is licensed
A person who, at a workplace, is an employer, the main
contractor, a self-employed person or the person having control
of the workplace must ensure that —
(a) any class 1 demolition work to be done at the workplace
is done by a person who has been issued with a licence
to do class 1 demolition work; and
(b) any class 2 demolition work to be done at the workplace
is done by a person who has been issued with a licence
to do class 1 or class 2 demolition work; and
(c) any class 3 demolition work to be done at the workplace
on a building or structure that is less than 10 metres in
height when measured from the lowest ground level of
the building or structure to the highest part of the
building or structure is done by a person who has been
issued with a licence to do class 1, class 2 or class 3
demolition work; and
(d) any class 3 demolition work to be done at the workplace
on a building or structure that is 10 metres or more in
height when measured from the lowest ground level of
the building or structure to the highest part of the
building or structure is done by a person who has been
issued with a licence to do class 1 or class 3 demolition
work.
Penalty: the regulation 1.16 penalty.
[Regulation 3.118 inserted in Gazette 30 Mar 2001 p. 1777;
amended in Gazette 7 Jun 2002 p. 2735; 14 Dec 2004
p. 6018.]

3.119. Proposed class 1, 2 or 3 demolition work in accordance with

standard, Commissioner to be notified of
(1) A person who wishes to do class 1, class 2 or class 3 demolition
work in a manner that would be in accordance with AS 2601 is

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to notify the Commissioner at least 5 working days before the

work is intended to begin.
(2) The notification is to be in an approved form and is to be
accompanied —
(a) by the name of the licensed person who will do the
demolition work; and
(b) subject to subregulation (3), by written confirmation of
the licensed person that the demolition work will be
done in accordance with AS 2601; and
(c) by written confirmation of the licensed person that
another person will not be allowed to do the demolition
work unless that person has been trained in safe methods
of demolition work by a training organisation registered
under the Australian National Training Authority
framework; and
(d) by written confirmation of the licensed person that the
demolition work will be directly supervised by a
competent person at all times when the demolition work
is being done.
(3) For the purposes of subregulation (2)(b) it is not necessary for
the licensed person to give written confirmation that the work
plan required to be prepared under AS 2601 will be submitted to
the Commissioner for approval.
[Regulation 3.119 inserted in Gazette 30 Mar 2001
p. 1777- 8.]

3.120. Proposed class 1, 2 or 3 demolition work not in accordance

with standard, approval of Commissioner to be sought
(1) A person who wishes to do class 1, class 2 or class 3 demolition
work but to do the work in a manner that would not be in
accordance with AS 2601 is to apply, at least 10 working days
before the work is intended to begin, to the Commissioner for
approval to do the work.

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(2) The application is to be in an approved form and is to be

accompanied by —
(a) the work plan referred to in AS 2601 in respect of the
demolition work; and
(b) such other information as the Commissioner requires to
consider the application.
[Regulation 3.120 inserted in Gazette 30 Mar 2001 p. 1778.]

3.121. Application under r. 3.120, Commissioner’s functions as to

(1) The Commissioner is to acknowledge the receipt of an
application under regulation 3.120 within 10 days of receiving
the application.
(2) The acknowledgment is to include either —
(a) advice to the effect that the demolition work has not
been approved by the Commissioner; or
(b) advice to the effect that the demolition work has been
approved by the Commissioner without conditions; or
(c) advice to the effect that the demolition work has been
approved by the Commissioner on conditions imposed
or to be imposed by the Commissioner.
(3) The Commissioner may impose any condition that the
Commissioner thinks is necessary in relation to any
occupational safety and health matter in respect of demolition
work that is the subject of an application under regulation 3.120
but if the Commissioner imposes a condition then it must be
communicated to the applicant within 50 days from the day of
the acknowledgment.
[Regulation 3.121 inserted in Gazette 30 Mar 2001 p. 1778.]

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3.122. Class 1, 2 or 3 demolition work not to be done without

notification or approval or until conditions set
A person must not do class 1, class 2 or class 3 demolition work
unless —
(a) in the case of work to be done in accordance with
AS 2601, the Commissioner has been notified in
accordance with regulation 3.119; or
(b) in the case of work that is not to be done in accordance
with AS 2601, the Commissioner has approved the work
under regulation 3.121 and conditions imposed or to be
imposed by the Commissioner have been communicated
to the person who applied for the approval.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[Regulation 3.122 inserted in Gazette 30 Mar 2001 p. 1779;
amended in Gazette 14 Dec 2004 p. 6017.]

3.123. Demolition work other than class 1, 2 or 3 demolition work

to be in accordance with standard
(1) A person who, at a workplace where demolition work other than
class 1, class 2 or class 3 demolition work is being done, is an
employer, the main contractor or a self-employed person must
ensure, subject to subregulation (2), that the work is done in
accordance with AS 2601.
Penalty: the regulation 1.16 penalty.
(2) For the purposes of subregulation (1) it is not necessary for a
person referred to in that subregulation to ensure that the work
plan required to be prepared under AS 2601 is submitted to the
Commissioner for approval.
[Regulation 3.123 inserted in Gazette 30 Mar 2001 p. 1779;
amended in Gazette 7 Jun 2002 p. 2735; 22 Oct 2004 p. 4841;
14  Dec 2004 p. 6018.]

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3.124. Class 1, 2 or 3 demolition work to be in accordance with

standard or approval
(1) A licensed person must ensure, subject to subregulation (2), that
any class 1, class 2 or class 3 demolition work that is to be done
in accordance with AS 2601 and which is done by the licensed
person is done in accordance with AS 2601.
(2) For the purposes of subregulation (1) it is not necessary for a
person referred to in that subregulation to ensure that the work
plan required to be prepared under AS 2601 is submitted to the
Commissioner for approval.
(3) A licensed person must ensure, in relation to any class 1, class 2
or class 3 demolition work that is not to be done in accordance
with AS 2601 and which is done by the licensed person that —
(a) the work is done in accordance with the Commissioner’s
approval to do the work under regulation 3.121; and
(b) there is compliance with each condition (if any) imposed
by the Commissioner in relation to the approval to do
the work.
Penalty applicable to subregulations (1) and (3) for a person
who commits the offence as an employee: the
regulation 1.15 penalty.
Penalty applicable to subregulations (1) and (3) in any other
case: the regulation 1.16 penalty.
[Regulation 3.124 inserted in Gazette 30 Mar 2001
p. 1779- 80; amended in Gazette 14 Dec 2004 p. 6017.]

3.125. Demolition workplace, certain documents to be kept at

(1) A licensed person must ensure that at all times when class 1,
class 2 or class 3 demolition work is being done by that person
at a workplace, there is kept at the workplace —
(a) a copy of the notification or approval, as the case
requires, and each condition (if any) imposed by the
Commissioner, in relation to the work; and

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(b) a copy of AS 2601; and

(c) a copy of the work plan referred to in AS 2601.
(2) A person who, at a workplace where demolition work other than
class 1, class 2 or class 3 demolition work is being done, is an
employer, the main contractor or a self-employed person must
ensure that at all times when the work is being done, there is
kept at the workplace —
(a) a copy of AS 2601; and
(b) a copy of the work plan referred to in AS 2601.
Penalty applicable to subregulations (1) and (2) for a person
who commits the offence as an employee: the
regulation 1.15 penalty.
Penalty applicable to subregulations (1) and (2) in any other
case: the regulation 1.16 penalty.
[Regulation 3.125 inserted in Gazette 30 Mar 2001 p. 1780- 1;
amended in Gazette 7 Jun 2002 p. 2735; 14 Dec 2004
p. 6017.]

3.126. Demolition work involving asbestos, duties of employer etc.

as to
(1) In this regulation —
asbestos-containing material has the meaning given in
regulation 5.42;
asbestos demolition site means a workplace where demolition
work is being done that involves the demolition of a building or
structure in which there is any asbestos-containing material.
(2) A person who, at an asbestos demolition site, is an employer,
the main contractor, a self-employed person or the person
having control of the workplace must ensure that the work —
(a) does not commence or immediately ceases when the
presence of asbestos-containing material is apparent;
and

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(b) does not proceed until the material has been removed in
accordance with regulation 5.45.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[Regulation 3.126 inserted in Gazette 22 Dec 2009 p. 5236- 7.]

3.127. Demolition work area, employer etc. to limit entry to

(1) A person who, at a workplace, is an employer, the main
contractor or a self-employed person must not allow any person
to enter or remain in an area of the workplace where demolition
work, other than class 1, class 2 or class 3 demolition work, has
commenced other than —
(a) a person doing the work; or
(b) a person authorised by the employer, main contractor or
self-employed person to enter the area for a purpose
connected with doing the work; or
(c) a person authorised under a written law to enter the area.
(2) A licensed person must not allow any person to enter or remain
in an area of a workplace where class 1, class 2 or class 3
demolition work being done by the person has commenced
other than —
(a) a person doing the work; or
(b) a person authorised by the licensed person to enter the
area for a purpose connected with doing the work; or
(c) a person authorised under a written law to enter the area.
Penalty applicable to subregulations (1) and (2) for a person
who commits the offence as an employee: the
regulation 1.15 penalty.
Penalty applicable to subregulations (1) and (2) in any other
case: the regulation 1.16 penalty.

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[Regulation 3.127 inserted in Gazette 30 Mar 2001 p. 1781- 2;

amended in Gazette 14 Dec 2004 p. 6017.]

3.128. Scaffold used in demolition work, requirements for

(1) A person who, at a workplace, is an employer, the main
contractor or a self-employed person must ensure that any
scaffold involved in demolition work at the workplace, other
than class 1, class 2 or class 3 demolition work —
(a) is a heavy duty scaffold that meets the requirements of
AS/NZS 1576.1; and
(b) is erected to the full height of the building or structure;
and
(c) has a closely boarded platform with a minimum width of
one metre that abuts on the face of the building or
structure at the working level; and
(d) has a fender board not less than 900 mm high fitted on
the outer edge and on the ends of the working platform;
and
(e) has the external face and ends sheathed with a fire
retardant material and wire mesh that has wires that are
at least 3 mm in diameter and with apertures not greater
than 50 mm x 50 mm; and
(f) is maintained in position and in an effective state up to
the working level of the scaffold for the whole of the
period during which the demolition work is being done;
and
(g) is progressively dismantled so that the unsupported part
of the scaffold does not exceed by more than 4 metres
the height of the last row of ties that secure the scaffold
to the building or structure.
(2) A licensed person must ensure that any scaffold involved in
class 1, class 2 or class 3 demolition work that the person is
doing at a workplace complies with subregulation (1)(a) to (g).

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Penalty applicable to subregulations (1) and (2) for a person

who commits the offence as an employee: the
regulation 1.15 penalty.
Penalty applicable to subregulations (1) and (2) in any other
case: the regulation 1.16 penalty.
(3) A person does not commit an offence under subregulation (1)
or (2) if, proof of which is on the person, the scaffold is
otherwise in accordance with any approval of, or a condition
imposed by, the Commissioner in relation to the demolition
work.
[Regulation 3.128 inserted in Gazette 30 Mar 2001 p. 1782- 3;
14 Dec 2004 p. 6017.]

Division 10 — Driving commercial vehicles

[Heading inserted in Gazette 8 Apr 2003 p. 1108.]

3.129. Application of Division

This Division does not apply to a commercial goods vehicle, as
defined in section 4(1) of the Transport Co-ordination
Act 1966, that is required to be licensed under that Act.
[Regulation 3.129 inserted in Gazette 8 Apr 2003 p. 1108.]

3.130. Terms used

In this Division —
commercial vehicle means —
(a) an omnibus within the meaning of the Transport
Co-ordination Act 1966; or
(b) a school bus within the meaning of the Road Traffic
(Vehicle Standards) Regulations 2002; or
(c) any mobile plant with a GVM over 4.5 tonnes, or motor
vehicle with a GVM over 4.5 tonnes within the meaning
of those terms in the Road Traffic (Vehicle Standards)

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Regulations 2002 that is designed to carry, or is

carrying, a large integrated item of equipment; or
(d) any other motor vehicle with a GVM over 4.5 tonnes,
within the meaning of those terms in the Road Traffic
(Vehicle Standards) Regulations 2002 used or intended
to be used for the carriage of goods for hire or reward;
commercial vehicle driver means a person who drives a
commercial vehicle in the course of work and whose work
time —
(a) is more than 60 hours per week; or
(b) for more than once per week — is more than 10 hours in
any 24 hour period; or
(c) for more than once per week — includes the period from
midnight to 5 a.m.;
driver fatigue management plan, in relation to commercial
vehicle drivers, means a written document setting out
requirements and procedures relating to —
(a) scheduling trips; and
(b) rostering drivers; and
(c) establishing a driver’s fitness to work; and
(d) education of drivers in fatigue management; and
(e) managing incidents on or relating to commercial
vehicles; and
(f) establishing and maintaining appropriate workplace
conditions;
responsible person at a workplace means a person who, at a
workplace, is an employer, the main contractor, a self-employed
person or the person having control of the workplace;
work time, in relation to driving a commercial vehicle,
includes —
(a) time spent doing work incidental to the driving; and

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(b) time spent operating the mobile plant, where the

commercial vehicle is plant; and
(c) time spent operating mobile plant transported on the
commercial vehicle; and
(d) a break from driving, mobile plant operation or
incidental work lasting less than 30 minutes.
[Regulation 3.130 inserted in Gazette 8 Apr 2003 p. 1108-10.]

3.131. Commercial vehicle driver, duties of and in relation to

(1) A responsible person at a workplace must ensure that a
commercial vehicle driver who is required to drive a
commercial vehicle that forms the whole or part of the
workplace —
(a) drives the vehicle in accordance with regulation 3.132;
and
(b) is certified by a medical practitioner as fit to drive the
vehicle.
Penalty: the regulation 1.16 penalty.
(2) A commercial vehicle driver who is required to drive a
commercial vehicle that forms the whole or part of a workplace
must —
(a) drive the vehicle in accordance with regulation 3.132;
and
(b) be the holder of a certificate of a medical practitioner
confirming his or her fitness to drive the vehicle.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case:
(a) for a first offence, $25 000; and
(b) for a subsequent offence, $31 250.

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(3) For the purposes of subregulations (1)(b) and (2)(b), the

certificate is to state that not more than 3 years before the
driving, the medical practitioner examined and passed the
commercial vehicle driver in accordance with —
(a) the Assessing Fitness to Drive 2012 published by
Austroads Incorporated and the National Road Transport
Commission; or
(b) requirements exceeding or substantially equivalent to
the requirements in the document referred to in
paragraph (a).
[Regulation 3.131 inserted in Gazette 8 Apr 2003 p. 1110;
amended in Gazette 25 Jun 2004 p. 2292; 14 Dec 2004
p. 6017 and  6018; 14 Jun 2013 p. 2254.]

3.132. Commercial vehicle driver, hours of work

(1) A commercial vehicle driver must, so far as practicable, have —
(a) for every 5 hours work time — breaks from driving
totalling at least 20 minutes including a break from
driving of at least 10 consecutive minutes after 5 hours
work time; and
(b) in any 14 day period — no more than 168 hours of work
time.
(2) In addition to subregulation (1), a commercial vehicle driver
who drives without a relief driver must, so far as practicable,
have —
(a) in any 72 hour period — at least 27 hours non-work
time, including at least 3 periods of at least
7 consecutive hours non-work time, with each period
separated from the next by not more than 17 hours; and
(b) either —
(i) in any 14 day period — at least 2 periods of
24 consecutive hours non-work time; or

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(ii) in any 28 day period — at least 4 periods of

24 consecutive hours non-work time if, and only
if, the driver has no more than 144 hours work
time in any 14 day period that is part of the
28 day period.
(3) In addition to subregulation (1), a commercial vehicle driver
who drives with a relief driver must, so far as practicable,
have —
(a) in any 24 hour period — at least 7 hours of non-work
time, whether or not the time is spent in the vehicle
while it is moving; and
(b) either —
(i) in any 48 hour period — at least one period of
7 continuous hours non-work time, which time is
not spent in the vehicle while it is moving; or
(ii) in any 7 day period — at least 48 hours of
non-work time, which time is not spent in the
vehicle while it is moving, includes a period of at
least 24 consecutive hours non-work time and
does not include a period of non-work time of
less than 7 consecutive hours.
(4) In addition to subregulation (1), a commercial vehicle driver
who does shiftwork on 5 or more consecutive days must, so far
as practicable, have at least 24 continuous hours of non-work
time between shift changes.
[Regulation 3.132 inserted in Gazette 8 Apr 2003 p. 1110-11;
amended in Gazette 25 Jun 2004 p. 2292.]

3.133. Driver fatigue management plan, requirement for

A responsible person at a workplace must ensure that a driver
fatigue management plan is developed and kept current by a
competent person for every commercial vehicle driver who is
required to drive a commercial vehicle that forms the whole or
part of the workplace.

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Penalty: the regulation 1.16 penalty.

[Regulation 3.133 inserted in Gazette 8 Apr 2003 p. 1111;
amended in Gazette 14 Dec 2004 p. 6018.]

3.134. Record of commercial vehicle drivers’ work time etc.

(1) A responsible person at a workplace must ensure that a record in
accordance with subregulation (2) is established and kept
current in respect of the work time, breaks from driving, and
non-work time of each commercial vehicle driver who is
required to drive a commercial vehicle that forms the whole or
part of the workplace.
Penalty: the regulation 1.16 penalty.
(2) The record is to be —
(a) set out in a clear and systematic manner; and
(b) available for inspection by an inspector at all reasonable
times; and
(c) kept for at least 3 years from the date of the last entry on
the record.
[Regulation 3.134 inserted in Gazette 8 Apr 2003 p. 1112;
amended in Gazette 14 Dec 2004 p. 6018.]

Division 11 — Construction industry induction training

[Heading inserted in Gazette 31 Jul 2009 p. 3032.]

3.135. Terms used

In this Division —
construction induction training certificate means a certificate,
card or other document that —
(a) was issued by the provider of a construction induction
training course that is, or was at the time the document
was issued, a recognised construction induction training
course; and

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(b) contains information to the effect that the person named

in the document satisfactorily completed the course on
the date specified in the document;
construction induction training course means a course or
training programme that includes instruction in —
(a) the rights and responsibilities under the Act and these
regulations of persons who do construction work or
employ persons who do such work; and
(b) the hazards to which a person is likely to be exposed
while doing construction work at a workplace; and
(c) how to apply risk management principles when doing
construction work at the workplace;
employee includes a person taken to be an employee by
operation of section 23D, 23E or 23F of the Act;
employer includes a person taken to be an employer by
operation of section 23D, 23E or 23F of the Act;
recognised construction induction training course means a
construction induction training course that —
(a) is accredited by a body established under a law of a
State or a Territory to accredit vocational education and
training courses and programmes; and
(b) is provided by a registered training organisation.
[Regulation 3.135 inserted in Gazette 31 Jul 2009 p. 3032-3.]

3.136. Construction induction training certificate, when required

(1) An employee or self-employed person must not do construction
work at a workplace unless he or she holds a construction
induction training certificate.
Penalty: the regulation 1.15 penalty.
(2) A person who is an employer, the main contractor or a person
having control of the workplace must not permit an employee or
self-employed person to do construction work at the workplace

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unless that other employee or self-employed person holds a

construction induction training certificate.
Penalty: the regulation 1.16 penalty.
(3) For the purposes of this regulation, a person who, immediately
before this regulation came into operation, held a current safety
awareness training certificate (as defined in regulation 3.135 as
in force at that time) is to be taken to hold a construction
induction training certificate.
[Regulation 3.136 inserted in Gazette 31 Jul 2009 p. 3033-4.]

Division 12 — Construction industry — consultation on

hazards and safety management etc.
[Heading inserted in Gazette 2 Oct 2007 p. 4979.]

3.137. Terms used

In this Division —
client means the person for whose direct benefit all the work
done at the construction site exists, upon its completion;
designer, in relation to construction work at a construction site,
means the person in charge of the, or a part of the, design of the
end product of the construction work;
domestic construction work means construction work on or in
relation to a building of Class 1, Class 2 or Class 10 as
classified in Part A3.2 of the Building Code of Australia under
the Building Regulations 1989 3;
high- risk construction work means any of the following —
(a) construction work involving a risk of a person falling
2 metres or more;
(b) construction work on telecommunications towers;
(c) construction work involving demolition;
(d) construction work involving disturbing or removing
asbestos;

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(e) construction work involving alteration to a structure that

requires the structure to be temporarily supported to
prevent its collapse;
(f) construction work involving a confined space;
(g) construction work involving excavation to a depth of
more than 1.5 metres;
(h) the construction of tunnels;
(i) construction work involving the use of explosives;
(j) construction work on or near pressurised gas pipes
(including distribution mains);
(k) construction work on or near chemical, fuel or
refrigerant lines;
(l) construction work on or near energised electrical
installations and lines (whether overhead or
underground);
(m) construction work in an area that may have a
contaminated or flammable atmosphere;
(n) construction work involving tilt-up or precast concrete;
(o) construction work on or adjacent to roads or railways
that are in use;
(p) work on a construction site where there is movement of
powered mobile plant;
(q) construction work in an area where there are artificial
extremes of temperature;
(r) construction work in, over or adjacent to water or other
liquids if there is a risk of drowning;
(s) construction work involving diving;
safe work method statement means a statement prepared under
regulation 3.143.
[Regulation 3.137 inserted in Gazette 2 Oct 2007 p. 4979-80.]

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3.138. Application of Division

(1) This Division applies in relation to construction work taking
place, or to take place, at a construction site.
(2) If no one designer is in charge of the whole of the design, then
the provisions of this Division apply to or in relation to each
designer who, to some extent, is in charge of the design, to that
extent.
(3) This Division does not apply to domestic construction work
until 1 October 2008.
[Regulation 3.138 inserted in Gazette 2 Oct 2007 p. 4980;
amended in Gazette 4 Apr 2008 p. 1315.]

3.139. Commercial client, duties of to consult designer etc.

(1) This regulation applies to a client if the work at the construction
site was, is being or is to be done for the client as part of the
client’s trade or business.
(2) The client must consult with the designer for the purpose of
ensuring, as far as practicable, that persons doing the
construction work may do so without risk to their health and
safety.
Penalty: the regulation 1.16 penalty.
(3) If the client is not the main contractor, the client must consult
with the main contractor for the purpose of ensuring, as far as
practicable, that —
(a) persons doing the construction work may do so without
risk to their health and safety; and
(b) persons on or near the construction site are not put at
risk from the construction work.
Penalty: the regulation 1.16 penalty.

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(4) The client must, as far as practicable, ensure that information

given to the client under the Act that relates to —
(a) identifying hazards to which a person at the construction
site is likely to be exposed; or
(b) assessing the risk of injury or harm to a person resulting
from those hazards; or
(c) considering the means by which the risk may be
reduced,
is given to the main contractor (if the client is not the main
contractor) and a person who obtains the end product of the
construction work from the client.
Penalty: the regulation 1.16 penalty.
[Regulation 3.139 inserted in Gazette 2 Oct 2007 p. 4980- 1.]

3.140. Designer of work for commercial client to give client report

(1) This regulation applies in relation to a client if the work at the
construction site was, is being or is to be done for the client as
part of the client’s trade or business.
(2) The designer must give a written report to the client setting
out —
(a) the hazards —
(i) that the designer has identified as part of the
design process; and
(ii) that arise from the design of the end product of
the construction work; and
(iii) to which a person at the construction site is likely
to be exposed;
and
(b) the designer’s assessment of the risk of injury or harm to
a person resulting from those hazards; and
(c) what things the designer has done to reduce those risks
(for example, changes to the design, changes to
construction methods); and

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(d) which of those hazards the designer has not done

anything in respect of to reduce those risks.
Penalty: the regulation 1.16 penalty.
(3) The level of detail in the report must be appropriate for the
client, the nature of the hazards and the degree of risk.
[Regulation 3.140 inserted in Gazette 2 Oct 2007 p. 4981- 2.]

3.141. Main contractor to keep record of certain information

(1) The main contractor must, as far as practicable, ensure that the
following information is recorded (if not already recorded) and
compiled, information that —
(a) is in the control of the main contractor;
(b) was obtained, created or recorded under the Act;
(c) relates to —
(i) identifying hazards to which a person at the
construction site is likely to be exposed; and
(ii) assessing the risk of injury or harm to a person
resulting from those hazards; and
(iii) considering the means by which the risk may be
reduced.
Penalty: the regulation 1.16 penalty.
(2) The level of detail to be recorded must be appropriate for the
nature of the hazards and the degree of risk.
(3) The main contractor must ensure that the information compiled
under subregulation (1) is kept until the construction work is
completed.
Penalty: the regulation 1.16 penalty.
[Regulation 3.141 inserted in Gazette 2 Oct 2007 p. 4982.]

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3.142. Occupational health and safety management plan for

construction site, main contractor’s duties as to
(1) The main contractor for a construction site where 5 or more
persons are, or are likely to be, working at the same time must
ensure that —
(a) an occupational health and safety management plan is
prepared for the site before work commences at the site;
and
(b) the plan is kept up-to-date.
Penalty: the regulation 1.16 penalty.
(2) An occupational health and safety management plan is a plan
that, as far as practicable —
(a) identifies each person on the site who has a specific
occupational safety and health responsibility in relation
to the site and describes how those responsibilities are
coordinated; and
(b) describes what occupational health and safety induction
training will take place in respect of construction work
on the site; and
(c) describes the arrangements for managing occupational
safety and health incidents on the site; and
(d) sets out the site safety rules and describes the
arrangements for ensuring that all persons on or visiting
the site are informed of the rules; and
(e) includes information, to the extent to which the main
contractor has it, that relates to —
(i) the identified hazards to which a person at the
construction site is likely to be exposed; and
(ii) the risk of injury or harm to a person resulting
from those hazards; and
(iii) the means by which the risk may be reduced;
and

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(f) includes the safe work method statements (if any) for the
site.
(3) The main contractor must ensure, as far as practicable, that —
(a) each person doing construction work at the construction
site has been given a copy of the plan; and
(b) if the plan is amended — each such person is given a
copy of the changes that relate to the person’s work, as
soon as practicable; and
(c) a copy of the plan is available for inspection, until the
construction work is completed, by —
(i) a person doing construction work at the
construction site; and
(ii) a person about to commence construction work
at the construction site; and
(iii) a member of a safety and health committee for
the construction site who is an employee; and
(iv) a safety and health representative for the
construction site.
Penalty: the regulation 1.16 penalty.
[Regulation 3.142 inserted in Gazette 2 Oct 2007 p. 4982- 3;
amended in Gazette 7 Jan 2011 p. 53-4.]

3.143. High-risk construction work, safe work method statements

required for
(1) If high-risk construction work is, or is to be, done at the
construction site, the main contractor must, as far as practicable,
ensure that —
(a) each person identified by the main contractor as having
day-to-day, on site control of high-risk construction
work at the site gives the main contractor a safe work
method statement for the high-risk construction work
that the person is in control of before the work
commences; and

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(b) the statements are kept up-to-date.

Penalty: the regulation 1.16 penalty.
(2) In identifying persons for the purposes of subregulation (1), the
main contractor must ensure that all high-risk construction work
done, or to be done, at the site will be covered by a safe work
method statement.
(3) If the main contractor is unable to comply with
subregulation (2), the main contractor must prepare the
necessary safe work method statement or statements and keep it
or them up-to-date.
Penalty: the regulation 1.16 penalty.
(4) The safe work method statement must be in writing and, as far
as practicable, set out —
(a) each high-risk construction work activity that is or
includes a hazard to which a person at the construction
site is likely to be exposed; and
(b) the risk of injury or harm to a person resulting from any
such hazards; and
(c) the safety measures to be implemented to reduce the
risk, including the control measures to be applied to the
activity or hazards; and
(d) a description of the equipment used in the work activity;
and
(e) the qualifications and training (if any) required for
persons doing the work to do it safely.
(5) The main contractor must ensure that there are measures in
place to ensure, as far as practicable, that —
(a) high-risk construction work is carried out in accordance
with the relevant safe work method statement; and
(b) if the work is not carried out in accordance with the
statement — the work ceases (when safe to do so) and

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does not resume until the safe work method statement is

complied with.
Penalty: the regulation 1.16 penalty.
(6) A person referred to in subregulation (1)(a) must, as far as
practicable, give the main contractor the safe work method
statement for the high-risk construction work that the person is
in charge of and keep it up-to-date.
Penalty: the regulation 1.16 penalty.
[Regulation 3.143 inserted in Gazette 2 Oct 2007 p. 4984-5;
amended in Gazette 28 Nov 2008 p. 5031.]

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Part 4 — Plant
Division 1 — Preliminary
4.1. Terms used
In this Part and in Schedules 4.1, 4.2 and 4.3, unless the
contrary intention appears —
alter, in relation to plant, means to change the design of, add to
or take away from the plant where the change may affect safety
or health, but does not include routine maintenance, repairs or
replacement;
amusement structure means equipment operated for hire or
reward which provides entertainment or amusement through
movement of the equipment, or part of the equipment, or when
passengers travel on, around or along the equipment or move
the equipment through self-powered motion;
boiler means a vessel or an arrangement of vessels and their
interconnecting parts in which steam or other vapour is
generated or in which water or other liquid is heated at a
pressure above that of the atmosphere by the application of fire,
the products of combustion, electrical power or by similar high
temperature means and —
(a) includes superheaters, reheaters, economisers, boiler
piping, supports, mountings, valves, gauges, fittings,
controls, the boiler setting and other equipment directly
associated with the boiler;
(b) does not include a fully flooded or pressurised system
where water or other liquid is heated to a temperature
lower than the normal atmospheric boiling temperature
of the liquid;
boom-type elevating work platform means a telescoping device,
hinged device, articulated device or any combination of those
devices used to support a platform on which personnel,
equipment and materials may be elevated;

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bridge crane means a crane comprising a bridge beam mounted

at each end to an end carriage and capable of travelling along
elevated runways and having one or more hoisting mechanisms
arranged to traverse the bridge;
building maintenance equipment means a suspended platform
and associated equipment (including a building maintenance
unit or a swing stage) which incorporates permanently installed
overhead supports to provide access to the faces of a building or
structure for maintenance or cleaning, but does not include a
suspended scaffold;
building maintenance unit means a power operated suspended
platform and associated equipment on a building or structure
specifically designed to provide permanent access to the faces
of the building or structure for maintenance or cleaning;
commissioning, in relation to plant, means performing the
necessary adjustments, tests and inspections before the plant is
used to ensure that the plant is in full working order in
accordance with the requirements specified in the design of the
plant, and includes recommissioning;
concrete placing unit means plant used to place concrete by
way of pumping concrete through a pipeline attached to or
forming part of a boom and capable of travelling over a
supporting surface without the need for fixed runways or
railway tracks and relying on gravity for stability, that is, with
no vertical restraining connection between itself and the
supporting surface and no horizontal restraining connection
(other than frictional forces at supporting surface level) which
could aid stability;
conveyor means an apparatus or equipment worked by any
power other than manual power and by which loads can be
raised, lowered, transported or continuously driven by —
(a) an endless belt, rope or chain or other similar means; or
(b) buckets, trays or other containers or fittings moved by
an endless belt, rope, chain or other similar means; or
(c) a rotating screw; or

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(d) a vibration or walking beam; or

(e) a powered roller conveyor where the rolls are driven by
an endless belt, rope or chain,
and includes the supporting structure, auxiliary equipment and
gear used in connection with the conveyor;
crane means plant that is used for the raising or lowering of a
freely suspended load and moving a load horizontally and —
(a) includes the supporting structure of the crane and its
foundations;
(b) does not include any industrial lift truck, industrial
robot, building maintenance equipment, suspended
scaffold or lift;
design verifier means a person competent to undertake the tasks
set out in regulation 4.3(2)(c);
earthmoving machinery means an operator controlled item of
plant used to excavate, load, transport, compact or spread earth,
overburden, rubble, spoil, aggregate or similar material;
elevating work platform means a telescoping device, scissor
device or articulating device or any combination of those
devices used to position personnel, equipment and materials to
and from workplaces located above or below the support
surface;
escalator includes a moving ramp for use by passengers but
does not include a conveyor used only for moving goods;
explosive powered tool means a powder actuated hand-held tool
which can drive a fastener against, into or through a substance
by means of an explosive charge and includes every attachment
and accessory for such tool and every device to be used with
such tool but does not include a firearm, an LPG or propane
gas powered tool or a side-wall coring gun used in exploratory
borehole work;

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fired heater means a pressure vessel in which a liquid is heated

below its atmospheric boiling temperature or a process in which
fluid is heated in tubes above or below its atmospheric boiling
temperature by the application of fire, the products of
combustion or electric power or by similar high temperature
means;
gantry crane means a crane comprising a bridge beam
supported at each end by legs mounted on end carriages which
is capable of travelling on supporting surfaces or deck levels
(whether fixed or not) and which has a crab with one or more
hoisting units arranged to travel across the bridge;
gas cylinder means a rigid pressure vessel designed for the
storage and transport of gas under pressure and to which
AS 2030 applies that does not have more than 3 000 litres water
capacity and is without openings or integral attachments on the
shell other than at the ends;
hoist means an appliance intended for raising or lowering a load
or persons and —
(a) includes an elevating work platform, a mast-climbing
work platform, a people and materials hoist, a scaffold
hoist and a serial hoist;
(b) does not include a lift or building maintenance
equipment;
industrial lift truck means powered mobile plant designed to
move goods, materials or equipment and which is equipped with
an elevating load carriage and which usually has a load-holding
attachment but does not include a mobile crane or earthmoving
machinery;
industrial robot means a multi-functional manipulator that is
capable of handling materials, parts, tools or specialized devices
through variable programmed motions for the performance of a
variety of tasks and includes its controls;
interlocked in relation to a plant’s guarding device or machine
element means the connection between the guarding device or

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machine element and the plant’s control system or power

system by which connection —
(a) access is allowed to the plant’s moving parts when those
parts are not operating; and
(b) moving parts are prevented from starting up or operating
when access is available to those parts;
laser means any device that can produce or amplify
electromagnetic radiation in the wave length range from
100 nanometres to one millimetre by the process of controlled
stimulated emission but does not include any electric light
globe, fluorescent light tube, electric radiator used for heating,
radio or video communication equipment, domestic cooking
appliance using high powered lamps or navigation and search
light;
laser product means any product or assembly of components
which constitutes, incorporates or is intended to incorporate a
laser;
lift means any permanent plant (or plant that is intended to be
permanent) which is in, or attached to, a building or structure
and by means of which persons, goods or materials may be
raised or lowered within or on a car cage or a platform and the
movement of which is restricted by a guide or guides and
includes an apparatus in the nature of a chair lift, escalator,
moving walk or stairway lift and any supporting structure,
machinery, equipment, gear, lift well, enclosures and entrances;
mast climbing work platform means a hoist having a working
platform for the support or raising of personnel, equipment and
materials to the working position by means of a drive system
which moves along an extendable mast (which may be tied to a
building) but does not include a lift or building maintenance
equipment;
mobile crane means a crane capable of travelling over a
supporting surface without the need for fixed runways or
railway tracks and which relies on gravity only for stability and
accordingly, has neither a vertical restraining connection

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between itself and the supporting surface nor a horizontal

restraining connection (other than frictional forces at the
supporting surface level) to aid stability;
nail gun means a tool which by the use of compressed air, is
capable of discharging a nail, spike or other fastener into or
through material;
operator protective devices includes roll-over protective
structures, falling object protective structures, operator
restraining devices and seat belts;
out- of-service tag means an accident prevention tag as referred
to in section 5 of AS 1319 in the form of a warning sign, within
the meaning of that Standard, bearing the words
“OUT-OF-SERVICE”;
presence sensing safeguarding system includes —
(a) a sensing system employing one or more forms of
radiation which can be either self-generated or generated
by pressure; and
(b) the interface between the final switching devices of the
sensing system and the machine primary control
elements; and
(c) the capacity of a machine to stop when the presence of a
person or part of a person within the sensing field will
cause the dangerous parts of a machine to be brought to
a safe state;
pressure equipment means a boiler, pressure vessel and
pressure piping to which AS/NZS 1200 applies and having a
hazard level of A, B, C or D according to the criteria set out in
AS 4343;
pressure piping means an assembly of pipes, pipe fittings,
valves and pipe accessories subject to internal or external
pressure and used to contain or convey fluid or to transmit fluid
pressure and —
(a) includes distribution headers, bolting, gaskets, pipe
supports and pressure retaining accessories;

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(b) does not include any boiler or pressure vessel or a

pipeline to which any other written law applies;
pressure vessel means a vessel subject to internal or external
pressure and —
(a) includes interconnected parts and components, valves,
gauges and other fittings up to the first point of
connection to connecting piping, fired heaters and gas
cylinder;
(b) does not include any boiler or pressure piping;
regulatory authority means any Commonwealth, State or
Territory authority, other than the Commissioner, with
responsibility for plant safety;
repair, in relation to plant, means to restore plant to an
operating condition but does not include replacement, routine
maintenance or alteration;
tower crane means a boom or jib crane mounted on a tower
structure;
tractor means a motor vehicle, whether wheeled or track
mounted, designed principally to be used in agriculture,
horticulture or turf management to provide power and
movement of any attached trailer, machine or implement;
use, in relation to plant, means to work from the plant or to
operate, or maintain the plant;
vehicle hoist means a vehicle-hoisting device, the purpose of
which is to provide accessibility for convenient under-chassis
examination or service;
work box means a personnel carrying device designed to be
suspended from a crane for the purpose of providing a working
area for persons elevated by and working from the box.
[Regulation 4.1 amended in Gazette 17 Dec 1999 p. 6234;
8  Mar 2002 p. 963.]

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Division 2 — Registration of plant design and items of plant

4.2. Sch. 4.1 plant, design of to be registered etc.
(1) A person who manufactures, imports or supplies plant of a kind
set out in Schedule 4.1 for erection, installation, commissioning
or use at a workplace must ensure —
(a) that the design of the plant has been registered by the
Commissioner or a regulatory authority; and
(b) that the registration is current; and
(c) that the plant is or has been manufactured in accordance
with the current registered design; and
(d) while the plant is under the person’s control, that the
design registration number issued by the Commissioner
under regulation 4.10 or by a regulatory authority is
within the vicinity of the plant and is readily accessible.
Penalty: the regulation 1.16 penalty.
(2) For the purposes of this regulation, a plant design is to be
treated as being registered if —
(a) the Commissioner or a regulatory authority, as the case
requires, has registered the design on the basis that there
will be a modification; and
(b) the modification is in accordance with the specifications
of the Commissioner or the regulatory authority.
[Regulation 4.2 amended in Gazette 8 Mar 2002 p. 964;
14  Dec 2004 p. 6018.]

4.3. Sch. 4.1 plant, application for registration of design of

(1) A person who wishes to apply for the registration of the design
of plant of a kind set out in Schedule 4.1 is to apply to the
Commissioner in accordance with this regulation.

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(2) An application under subregulation (1) is to be in an approved

form and is to be accompanied by the following —
(a) a statement signed by the person who designed the plant
to the effect that the person has complied with the duties
that a person who designs plant has under these
regulations; and
(b) the name, business address and qualifications of each of
the design verifiers and where applicable, the employer
of each design verifier; and
(c) a statement signed by a design verifier to the effect that
the plant’s design complies with each Standard set out in
Schedule 4.3 that is relevant to that kind of plant and in
the case of plant that is pressure equipment that, in
addition, verification of the relevant Standards has been
done in accordance with AS 3920.1; and
(d) representational drawings of the plant design; and
(e) the fee set out in item 1 of Schedule 6.2.
(3) The statements and information referred to in subregulation (2)
are to be in the English language.

4.4. Design verifier to be independent of designer

For the purposes of an application under regulation 4.3 —
(a) a design verifier must not have had any involvement in
the design of the relevant plant; and
(b) the person who designs an item of plant and the design
verifier of the item of plant must not be employed by the
same person unless the employer undertakes the design
of items of plant using a quality system that has been
certified by a body accredited or approved by the Joint
Accreditation System of Australia and New Zealand.

4.5. Design verification statement by Commissioner, request for

etc.
Where a person intends to apply for the registration of the
design of plant of a kind set out in Schedule 4.1, the person may

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request the Commissioner to provide the design verification

statement under regulation 4.3(2)(c) and, where the statement is
provided by an officer of the department, the person must pay to
the Commissioner a fee calculated at the rate set out in
Schedule 6.1 for the time taken to prepare the statement.

4.6. Commissioner may require r. 4.3 applicant to give other

information
(1) The Commissioner may require a person who makes an
application under regulation 4.3 to provide any of the
following —
(a) detailed drawings of the plant design;
(b) design calculations;
(c) details of operating instructions;
(d) diagrams of control systems, including the sequence of
operating the controls;
(e) details of maintenance requirements;
(f) a statement of the limitations of the plant’s use;
(g) any other information that the Commissioner thinks is
necessary to make a decision on the application.
(2) The statements and information referred to in subregulation (1)
are to be in the English language.

4.7. Application under r. 4.3, Commissioner’s functions as to

(1) On an application under regulation 4.3 and on payment of the
fee referred to in regulation 4.8, the Commissioner may —
(a) register the plant design without conditions or
modifications; or
(b) register the plant design on any condition that the
Commissioner thinks is appropriate; or
(c) register the plant design on the basis that —
(i) the design, and any drawings, calculations or
instructions that accompanied it, will be

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modified to the extent specified by the

Commissioner; or
(ii) an item of plant manufactured in accordance
with the design will be tested in a manner
specified by the Commissioner,
with or without requiring any further application or the
provision of any more information; or
(d) refuse to register the plant design.
(2) If the Commissioner refuses to register the plant design, the
Commissioner is to provide written reasons for the refusal to the
applicant with the notice of the decision.
[Regulation 4.7 amended in Gazette 8 Mar 2002 p. 964.]

4.8. Assessment fee for r. 4.3 application

A person who makes an application under regulation 4.3 must,
on completion of the assessment of the application and in
addition to the fee referred to in regulation 4.3(2)(e), pay to the
Commissioner a fee for any assessment of the application
required by the Commissioner to be undertaken calculated at the
rate set out in Schedule 6.1 for the time taken to conduct the
assessment.

4.9. Test required under r. 4.7(1)(c)(ii), procedure for

If, for the purposes of regulation 4.7(1)(c)(ii), the Commissioner
specifies a test that is to be done then the Commissioner may
specify that the test be witnessed by an officer of the department
or another competent person and if the test is to be witnessed by
an officer of the department then the applicant is to —
(a) allow at least 5 working days for the Commissioner to
arrange for an officer to witness the test; and
(b) pay to the Commissioner a fee for the witnessing of the
test calculated at the rate set out in Schedule 6.1 for the
time taken to witness the test.

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4.10. Design registration number, issue of etc.

(1) If the Commissioner registers a plant design, the Commissioner
is to issue a design registration number for the plant design and
provide the applicant with evidence of the registration in an
approved form.
(2) A person who sells or otherwise disposes of plant must give the
person who acquires the plant the design registration number of
the plant.
Penalty: the regulation 1.16 penalty.
[Regulation 4.10 amended in Gazette 8 Mar 2002 p. 964;
14  Dec 2004 p. 6018.]

4.11. Sch. 4.1 plant with altered design not to be used unless

alteration is registered
If the design of plant of a kind set out in Schedule 4.1 that is
used at a workplace is altered then a person who, at a
workplace, is an employer, the main contractor, a self-employed
person, a person having control of the workplace or a person
having control of access to the workplace must ensure that plant
manufactured to the altered design is not used at the workplace
unless the alteration to the design of the plant has been
registered by the Commissioner or a regulatory authority and
the registration is current.
Penalty: the regulation 1.16 penalty.
[Regulation 4.11 amended in Gazette 8 Mar 2002 p. 964;
14  Dec 2004 p. 6018.]

4.12. Altered design of Sch. 4.1 plant, application for registration

of
A person who wishes to apply for the registration of an
alteration to the design of plant of a kind set out in Schedule 4.1
is to apply to the Commissioner under regulation 4.3, and that
regulation and regulations 4.6, 4.7, 4.8 and 4.10 apply as if the
application were for a new design.

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4.13. Confidentiality of design information

(1) The Commissioner is to ensure that any information provided
with an application under regulation 4.3 is treated as
confidential information.
(2) Despite subregulation (1), the Commissioner may —
(a) if requested by a regulatory authority or by a coroner of
this or any other State or Territory, allow that regulatory
authority or coroner to have access to the design
information;
(b) if a person has the applicant’s authority, allow that
person to have access to such of the information as is
authorised;
(c) provide any design verification statement referred to in
regulation 4.3(2) to employees or their safety and health
representatives at a workplace where the relevant plant
is installed or used.
(3) If —
(a) the person who initially supplied the information
accompanying an application under regulation 4.3 no
longer exists or cannot be located; and
(b) the plant that was the subject of the application has been
installed or is used at a workplace,
then the Commissioner may release the information to a person
who, at the workplace, is an employer, the main contractor, a
self-employed person or a person in control of the workplace
but only to the extent that the Commissioner thinks balances the
requirements for the safe operation of that plant and for the
information to be treated as confidential information.

4.14. Sch. 4.2 plant not to be used unless registered etc.

(1) A person who, at a workplace, is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the

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workplace must ensure that an individual item of plant of a kind

set out in Schedule 4.2 is not used at the workplace unless  —
(a) the individual item has been registered by the
Commissioner or a regulatory authority and the
registration is current; and
(b) the person has a copy of the statement referred to in
regulation 4.15(2)(c).
(2) If an individual item of plant has been registered by the
Commissioner or a regulatory authority and —
(a) the plant is altered; or
(b) in the case of plant which is fixed plant, the plant is
relocated; or
(c) there is a change in the ownership of the plant,
then a person who, at a workplace, is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure that the plant is not used at the
workplace unless the plant is re-registered.
(2a) The vesting of an individual item of plant in an entity under
Part 9 Division 3 of the Electricity Corporations Act 2005 is not
to be regarded as a change in the ownership of the plant for the
purposes of subregulation (2)(c).
(3) A person does not commit an offence against subregulation (1)
if the person’s failure to comply with the subregulation occurred
within 21 days of the day on which the competent person signed
the statement referred to in subregulation (1)(b).
Penalty applicable to subregulations (1) and (2): the
regulation 1.16 penalty.
[Regulation 4.14 amended in Gazette 8 Mar 2002 p. 965- 6;
14  Dec 2004 p. 6018; 31 Mar 2006 p.  1351.]

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4.15. Sch. 4.2 plant, application for registration etc.

(1) A person who wishes to apply for the registration or the
re-registration of an individual item of plant of a kind set out in
Schedule 4.2 is to apply to the Commissioner in accordance
with this regulation.
(2) An application under subregulation (1) is to be in an approved
form and is to be accompanied by the following —
(a) sufficient information to identify the individual item of
plant and any relevant matter referred to in
regulation 4.14(2); and
(b) if the design of the kind of plant is required under this
Division to be registered —
(i) whether the Commissioner or a regulatory
authority registered the design (or any alteration
of the design) and the name of any relevant
regulatory authority; and
(ii) the plant’s design registration number;
and
(c) a copy of a signed statement by a competent person to
the effect that —
(i) the individual item of plant has been inspected
by that competent person, and that the plant is
safe to operate; and
(ii) the information referred to in regulation 4.30(1)
(c) for the individual item of plant is at the
workplace;
and
(d) the fee set out in item 2 of Schedule 6.2.
(3) The statements and information referred to in subregulation (2)
are to be in the English language.
[Regulation 4.15 amended in Gazette 8 Mar 2002 p. 966.]

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4.16. Commissioner may require r. 4.15 applicant to give other

information
The Commissioner may require a person who makes an
application under regulation 4.15 to provide any other
information that the Commissioner thinks is necessary to make
a decision on the application.

4.17. Application under r. 4.15, Commissioner’s functions as to

(1) On an application under regulation 4.15 and on payment of the
fee referred to in regulation 4.18, the Commissioner may —
(a) register or re-register the individual item of plant
without conditions; or
(b) register or re-register the individual item of plant on any
condition that the Commissioner thinks is appropriate;
or
(c) refuse to register the individual item of plant.
(2) If the Commissioner refuses to register or re-register an
individual item of plant, the Commissioner is to provide written
reasons for the refusal to the applicant with the notice of the
decision.

4.18. Assessment fee for r. 4.15 application

A person who makes an application under regulation 4.15 must,
on completion of the assessment of the application and in
addition to the fee referred to in regulation 4.15(2)(d), pay to the
Commissioner a fee for any assessment of the application
required by the Commissioner to be undertaken calculated at the
rate set out in Schedule 6.1 for the time taken to conduct the
assessment.

4.19. Registration number of Sch. 4.2 item of plant, issue of etc.

If the Commissioner —
(a) registers an individual item of plant, the Commissioner
is to issue a registration number for that item of plant; or

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(b) re-registers an individual item of plant, the

Commissioner is to use the existing registration number
for that item of plant,
and provide the applicant with evidence of the registration in an
approved form.

4.19A. Classified plant (r. 7.7) or designated plant (r. 7.8),

Commissioner to provide evidence of registration number of
If —
(a) an item of classified plant is treated under
regulation 7.7(2)(b) as having a registration number
issued under regulation 4.19; or
(b) an item of designated plant is treated under
regulation 7.8(2) as having a registration number issued
under regulation 4.19,
the Commissioner, on the application of a person who is
required to stamp or mark the item of plant with the current
registration number of the item, is to provide the applicant with
evidence of the registration number in the approved form.
[Regulation 4.19A inserted in Gazette 8 Mar 2002 p. 966.]

4.20. Item of plant to bear registration number etc.

(1) A person who, at a workplace, is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure that an individual item of plant that has
been registered as required by this Division is not used at the
workplace unless —
(a) the registration number of the item of plant is legibly
stamped on the plant or, if stamping is impractical, is
legibly marked on the plant; and
(b) a copy of the evidence of the registration is displayed on
or near the item of plant.
Penalty: the regulation 1.16 penalty.

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(1a) A person does not commit an offence under subregulation (1) in

relation to an individual item of plant if the person fails to
comply with the subregulation within 21 days of the day on
which an application is made for the registration or
re-registration of the item of plant.
(2) A person who, by way of hiring or leasing, supplies for
installation or use at a workplace an individual item of plant
which has been registered as required by this Division must
ensure that before the plant is hired or leased the current
registration number of the item of plant is legibly stamped on
the plant or, if stamping is impractical, is legibly marked on the
plant.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[Regulation 4.20 amended in Gazette 8 Mar 2002 p. 967;
14  Dec 2004 p. 6017 and 6018.]

4.21. Commissioner may deregister items of plant

(1) If the Commissioner has registered an individual item of plant
under this Division but is of the opinion that the item of plant
should no longer be registered having regard to the requirements
of this Part in relation to the item of plant then the
Commissioner may deregister the item of plant.
(2) If the Commissioner deregisters an item of plant under
subregulation (1) then the Commissioner is to inform the
following persons that the item of plant has been
deregistered —
(a) the person who applied to have the item of plant
registered (if available); and
(b) each person who is an employer, the main contractor, a
self-employed person, a person having control of the
workplace or a person having control of access to the

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workplace at the workplace where the item of plant was

being used at the time of the deregistration,
and the Commissioner is to give each person so informed
written reasons for the deregistration.
[Regulation 4.21 amended in Gazette 8 Mar 2002 p. 967.]
4.21A. Permanent withdrawal from service of registered plant,
Commissioner to be notified of
A person who has applied for and obtained the registration or
re-registration of an individual item of plant must when the item
of plant is permanently withdrawn from service advise the
Commissioner of the withdrawal.
Penalty:
(a) in the case of an individual —
(i) for a first offence, $5 000; and
(ii) for a subsequent offence, $6 250;
or
(b) in the case of a body corporate —
(i) for a first offence, $10 000; and
(ii) for a subsequent offence, $12 500.
[Regulation 4.21A inserted in Gazette 8 Mar 2002 p. 968;
amended in Gazette 14 Dec 2004 p. 6015.]

Division 3 — General duties applying to plant

Subdivision 1 — Kinds of plant to which this Division applies
4.22. Term used: plant
In this Division, a reference to plant is to be treated as a
reference to plant —
(a) which is pressure equipment; or

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(b) which, in order to work, requires the supply of energy of

a kind other than, or in addition to, the energy supplied
by the exertion of the body of a human or an animal.

Subdivision 2 — Identification of hazards and assessing and

addressing risks in relation to plant
4.23. Designer of plant, duties of
(1) A person who designs plant must, during the design process —
(a) as far as practicable, identify any hazard in the design of
the plant to which persons who install, erect, dismantle
or use the plant at a workplace may be exposed; and
(b) assess, in accordance with subregulation (2), the risk of
injury or harm to a person resulting from each identified
hazard; and
(c) consider whether the risk may be reduced by the means
referred to in subregulation (3).
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
(2) An assessment under subregulation (1)(b) must include
assessment of each of the following —
(a) the impact of the plant on the work environment in
which the plant is designed to be used; and
(b) the range of environmental and operational conditions in
which the plant is intended to be manufactured,
transported, installed and used; and
(c) the relationship between the functioning of the plant and
the physical capacities and requirements of persons who
may use the plant; and
(d) the need for safe access and egress for persons who
install, erect, inspect, use and dismantle the plant.

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(3) The means referred to in subregulation (1)(c) are —

(a) the means referred to in regulation 4.29;
(b) ensuring the plant is designed according to each
Standard set out in Schedule 4.3 that is relevant to that
kind of plant;
(c) in the case of powered mobile plant —
(i) ensuring that the plant is designed to reduce, as
far as is practicable, the risk of the plant
overturning, or of an object coming into contact
with the operator; and
(ii) where, despite reduction measures, there is a risk
that —
(I) the plant may overturn; or
(II) an object may come into contact with
the operator of the plant; or
(III) the operator of the plant may be ejected
from the seat,
ensuring that the risk is limited by the provision
of an appropriate combination of operator
protective devices; and
(iii) where, despite reduction measures, there is a risk
that an object may come into contact with the
operator of the plant from the front, side or rear
of the plant, ensuring that the risk is limited by
the provision of an appropriate structure that
protects the operator.
[Regulation 4.23 amended in Gazette 8 Mar 2002 p. 968;
14  Dec 2004 p. 6017.]

4.24. Manufacturer of plant, duties of

(1) If the person who designed plant is not within the jurisdiction of
the State, the person who manufactures the plant must carry out

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the duties under regulation 4.23 of the person who designed the

plant.
(2) A person who manufactures plant must as far as practicable,
during the manufacturing process, identify any hazard arising
from the manufacture of the plant to which persons who install,
erect, dismantle or use the plant at a workplace may be exposed.
(3) If, under subregulation (1) or (2), a person who manufactures
plant identifies a hazard, the person must assess, in accordance
with subregulation (4), the risk of injury or harm to a person
resulting from each identified hazard.
(4) An assessment under subregulation (3) must, as far as
practicable, adequately address each identified hazard by way
of —
(a) a visual inspection of the plant and its associated
environment; and
(b) auditing; and
(c) testing; and
(d) a technical or scientific evaluation; and
(e) an analysis of injury and near-miss data; and
(f) discussions with designers, suppliers, importers,
employers, employees or any other relevant person; and
(g) a quantitative hazard analysis,
as the case requires.
(5) If, under subregulation (1) or (2) a person identifies a hazard
and then assesses the risk of injury or harm to a person resulting
from each identified hazard then the person must —
(a) consider whether the risk may be reduced by the means
referred to in regulation 4.29; or
(b) arrange with the person who designed the plant to alter
the design to reduce the risk as far as is practicable.

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Penalty applicable to subregulations (1), (2), (3) and (5) for a

person who commits the offence as an employee: the
regulation 1.15 penalty.
Penalty applicable to subregulations (1), (2), (3) and (5) in any
other case: the regulation 1.16 penalty.
[Regulation 4.24 amended in Gazette 8 Mar 2002 p. 969;
14  Dec 2004 p. 6017.]

4.25. Importer of plant, duties of

(1) If neither the person who designed plant nor the person who
manufactured the plant is within the jurisdiction of the State, the
person who imports the plant must carry out —
(a) the duties under regulation 4.23 of the person who
designed the plant; and
(b) the duties under regulation 4.24 of the person who
manufactured the plant.
(2) A person who imports plant that is to be used for spare parts for
plant at a workplace or for scrap must, before the plant is
delivered or taken to a workplace, advise the purchaser of the
plant in writing or by a mark on the plant that the plant cannot
be put into service and that it can be used only for spare parts or
scrap, as the case may be.
Penalty applicable to subregulations (1) and (2) for a person
who commits the offence as an employee: the
regulation 1.15 penalty.
Penalty applicable to subregulations (1) and (2) in any other
case: the regulation 1.16 penalty.
[Regulation 4.25 amended in Gazette 8 Mar 2002 p. 969;
14  Dec 2004 p. 6017.]

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4.26. Supplier of plant, duties of

(1) A person who supplies plant for installation or use at a
workplace must, before the plant leaves his or her control,
ensure that —
(a) the duties under regulation 4.23 of the person who
designed the plant; and
(b) the duties under regulation 4.24 of the person who
manufactured the plant; and
(c) the duties under regulation 4.25 of the person who
imported the plant,
have been carried out.
(2) To the extent that it is not practicable for a person who supplies
plant to comply with subregulation (1), the person must, before
the plant leaves his or her control —
(a) as far as practicable, identify any hazard in the design
and manufacture of the plant to which persons who
install, erect or use the plant at a workplace may be
exposed; and
(b) assess the risk of injury or harm to a person resulting
from each hazard, if any, identified under paragraph (a);
and
(c) consider whether the risk may be reduced by the means
referred to in regulation 4.29.
(3) A person who supplies plant does not commit an offence under
subregulation (1) or (2) if, proof of which is on the person, the
plant is intended for use as scrap material.
(4) A person who supplies plant that is to be used for spare parts for
plant at a workplace or for scrap must, before the plant is
delivered or taken to a workplace, advise the purchaser of the
plant in writing or by a mark on the plant that the plant cannot
be put into service and that it can be used only for spare parts or
scrap, as the case may be.

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Penalty applicable to subregulations (1), (2) and (4) for a person

who commits the offence as an employee: the
regulation 1.15 penalty.
Penalty applicable to subregulations (1), (2) and (4) in any other
case: the regulation 1.16 penalty.
[Regulation 4.26 amended in Gazette 8 Mar 2002 p. 969-70;
14 Dec 2004 p. 6017.]

4.27. Erector and installer of plant, duties of

(1) Without limiting regulation 3.1, a person who erects or installs
plant at a workplace must, before and during the erection or
installation process, so far as practicable, identify each hazard
arising from the erection or installation of the plant to which
persons who use the plant at the workplace are likely to be
exposed.
(2) If, under subregulation (1) a person who erects or installs plant
identifies a hazard then the person must assess, in accordance
with subregulations (3) and (4), the risk of injury or harm to a
person resulting from each identified hazard.
(3) An assessment under subregulation (2) must include assessment
of each of the following —
(a) the impact of the erection or installation process on the
work environment during the erection or installation of
the plant; and
(b) the need for safe access and egress for persons who
install, erect, inspect or subsequently use the plant.
(4) An assessment under subregulation (2) must, as far as
practicable, adequately address each identified hazard by way
of —
(a) a visual inspection of the plant and its associated
environment; and
(b) auditing; and
(c) testing; and

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(d) a technical or scientific evaluation; and

(e) an analysis of injury and near-miss data; and
(f) discussions with designers, manufacturers, suppliers,
importers, employers, employees or any other relevant
person; and
(g) a quantitative hazard analysis,
as the case requires.
(5) For the purposes of subregulation (2), an assessment may be
done either on individual items of plant or, where multiple items
of plant of the same design are erected or installed and are
intended for use under conditions that are the same for all
practical purposes, the assessment may be done in relation to a
representative sample, but if the risk associated with the plant
could vary from operator to operator, a separate assessment of
the risk to each operator of the particular plant is to be done in
relation to each item of plant.
(6) If, under subregulation (1), a person identifies a hazard and then
assesses the risk of injury or harm to a person resulting from
each identified hazard then the person must consider whether
the risk may be reduced —
(a) by the means referred to in regulation 4.29; or
(b) in the case of plant to which AS/NZS 3000 applies, by
complying with the relevant requirements of that
Standard in relation to electrical installations.
(7) A person who erects or installs plant at a workplace must ensure
that the plant —
(a) is erected or installed having regard to the instructions of
the designer or manufacturer of the plant or, if those
instructions are not available, any instructions developed
in relation to the plant by a competent person; and
(b) if the plant is designed to be operated in a fixed position,
the plant is positioned on and if necessary fixed to a

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secure base to prevent inadvertent movement when the

plant is energised or operating.
Penalty applicable to subregulations (1), (2), (6) and (7) for a
person who commits the offence as an employee: the
regulation 1.15 penalty.
Penalty applicable to subregulations (1), (2), (6) and (7) in any
other case: the regulation 1.16 penalty.
[Regulation 4.27 amended in Gazette 8 Mar 2002 p. 970- 1;
10  Jan  2003 p. 65; 14 Dec 2004 p. 6017.]
4.28. Duties of employer etc. as to plant
(1) Without limiting regulation 3.1, a person who, at a workplace, is
an employer, the main contractor, a self-employed person, a
person having control of the workplace or a person having
control of access to the workplace must, so far as practicable,
identify each hazard arising from the design, manufacture,
erection, installation or use of plant to which persons who
install, erect, use or dismantle the plant at the workplace are
likely to be exposed.
(2) Without limiting subregulation (1), a person who, at a
workplace, is an employer, the main contractor, a self-employed
person, a person having control of the workplace or a person
having control of access to the workplace must, before and
during the introduction of the plant to the workplace, identify
each hazard referred to in that subregulation to which a person
at the workplace is likely to be exposed in the event of —
(a) any alteration to the plant; or
(b) any change in the way, or the location in which, the
plant is used; or
(c) any change in a system of work associated with the
plant; or
(d) the first-mentioned person becoming aware of the
existence of the hazard through new or further safety or

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health information relating to the plant or its associated

systems of work.
(3) If, under subregulation (1) or (2), a person identifies a hazard
then the person must assess, in accordance with
subregulation (4), the risk of injury or harm to a person resulting
from each identified hazard.
(4) An assessment under subregulation (3) must, as far as
practicable, adequately address each identified hazard by way
of —
(a) a visual inspection of the plant and its associated
environment; and
(b) auditing; and
(c) testing; and
(d) a technical or scientific evaluation; and
(e) an analysis of injury and near-miss data; and
(f) discussions with designers, manufacturers, importers,
suppliers, installers or erectors of plant, employees or
any other relevant person; and
(g) a quantitative hazard analysis,
as the case requires.
(5) For the purposes of subregulation (3), an assessment may be
done either on individual items of plant or, where multiple items
of plant of the same design are installed or erected and are
intended for use under conditions that are the same for all
practical purposes, the assessment may be done in relation to a
representative sample, but if the risk associated with the plant
could vary from operator to operator, a separate assessment of
the risk to each operator of the particular plant is to be done in
relation to each item of plant.
(6) If, under subregulation (1) or (2), a person identifies a hazard
and then assesses the risk of injury or harm to a person then the

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person must consider whether the risk may be reduced by the

means referred to in regulation 4.29.
Penalty applicable to subregulations (1), (2), (3) and (6): the
regulation 1.16 penalty.
[Regulation 4.28 amended in Gazette 8 Mar 2002 p. 971- 2;
14  Dec 2004 p. 6018.]

4.29. Means of reducing risks in relation to plant

The means referred to in regulations 4.23(3)(a), 4.24(5)(a),
4.26(2)(c), 4.27(6)(a), 4.28(6) and 4.37(1)(f) are —
(a) one or a combination of the following means —
(i) substitution of the plant by less hazardous plant;
(ii) modification of the design of the plant;
(iii) isolation of the plant;
(iv) using engineering methods to change physical
characteristics of the plant;
(v) implementing, maintaining and supervising
control measures and systems of work so as to
reduce the risk as far as is practicable;
and
(b) to the extent that it is not practicable to reduce the risk
by the means referred to in paragraph (a), the means of
administrative controls and personal protective clothing
and equipment; and
(c) ensuring that the plant is manufactured, inspected and,
where required, tested —
(i) according to each Standard set out in
Schedule 4.3 that is relevant to that kind of plant;
and
(ii) having regard to the designer’s specifications;
and

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(d) ensuring that if, after supply to a workplace, any plant is

found to have a fault that may affect safety or health,
then as far as is practicable, the person to whom the
plant was supplied is advised of the fault and what is
required to rectify it; and
(e) ensuring that there is an optimum relationship between
the functioning of the plant and the physical capacities
and requirements of persons who may use the plant; and
(f) ensuring that there is sufficient access to and egress
from —
(i) the parts of the plant that require cleaning,
maintenance, adjustment or repair; and
(ii) the operator’s work station for normal and
emergency situations,
so as to reduce the risk as far as is practicable; and
(g) the provision of emergency lighting, safety doors and
alarm systems where access to the plant is required as
part of its normal operation and persons could become
entrapped and at risk because of heat, cold or lack of air
suitable for breathing; and
(h) the reduction, as far as is practicable, of exposure to
dangerous parts during operation, lubrication,
adjustment or maintenance of the plant; and
(i) ensuring, in the case where guarding should be provided
for the plant, that the guarding comprises —
(i) a permanently fixed physical barrier for cases in
which, during normal operation, maintenance or
cleaning of the plant, no person would need
either complete or partial access to the dangerous
area; or
(ii) an interlocked physical barrier for cases in which
during normal operation, maintenance or
cleaning of the plant, a person may require

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complete or partial access to the dangerous area;

or
(iii) a physical barrier securely fixed in position by
means of fasteners or other suitable devices
sufficient to ensure that the guard cannot be
altered or removed without the aid of a tool or
key for cases where neither a permanently fixed
physical barrier nor an interlocked physical
barrier is practicable,
but, if none of the guards described in subparagraphs (i),
(ii) or (iii) is practicable, the provision of a presence
sensing safeguard system; and
(j) ensuring, in the cases where guarding of any moving
part of the plant does not eliminate the risk of
entanglement or where it is not practicable to guard a
moving part of the plant, that persons do not operate, or
pass in close proximity to, the moving part unless a safe
system of work is in place to reduce the risk as far as is
practicable; and
(k) ensuring that the plant’s operating controls are —
(i) suitably identified so as to indicate their nature
and function; and
(ii) located so as to be readily and conveniently
operated by each person using the plant; and
(iii) located, guarded or of a double action type to
prevent unintentional activation; and
(iv) able to be locked into the “off” position to enable
the disconnection of all motive power and forces;
and
(l) ensuring that plant —
(i) designed to be operated or attended by more than
one person; and
(ii) having more than one control fitted,

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has multiple controls of the “stop and lock-off” type so

that the plant cannot be restarted after a stop control has
been used unless each stop control has been reset; and
(m) ensuring that each of the plant’s emergency stop
devices —
(i) is prominent, clearly and durably marked and
immediately accessible to each operator of the
plant; and
(ii)
has handles, bars or push buttons that are
coloured red; and
(iii) will not be affected by electrical or electronic
circuit malfunction,
as may be appropriate to the particular case.
[Regulation 4.29 amended in Gazette 8 Mar 2002 p. 972.]

Subdivision 3 — Information and general matters in relation to plant

4.30. Designer of plant to give manufacturer information

(1) A person who designs plant for use at a workplace must ensure
that the person who manufactures the plant is provided with
sufficient information to enable the plant to be manufactured in
accordance with the design specifications and, as far as
practicable, provide information relating to —
(a) the purpose for which the plant is designed; and
(b) testing or inspections to be conducted in relation to the
plant; and
(c) installation, commissioning, operation, maintenance,
cleaning, transport, storage and (where plant is capable
of being dismantled) dismantling of the plant; and
(d) systems of work necessary for the safe use of the plant;
and
(e) knowledge, training or skill necessary for persons
undertaking inspection and testing of the plant; and

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(f) the current design registration number (if any) issued by

the Commissioner under regulation 4.10 or by a
regulatory authority for that kind of plant; and
(g) emergency procedures relating to the plant,
to accompany the plant when it is manufactured, supplied,
installed or erected, inspected and used at a workplace.
(2) A person who designs plant for use at a workplace must ensure
that the information referred to in subregulation (1) is in, or has
been translated into, the English language before providing the
information.
Penalty applicable to subregulations (1) and (2) for a person
who commits the offence as an employee: the
regulation 1.15 penalty.
Penalty applicable to subregulations (1) and (2) in any other
case: the regulation 1.16 penalty.
[Regulation 4.30 amended in Gazette 14 Dec 2004 p. 6017.]

4.30A. Manufacturer of plant to obtain information from designer

A person who manufactures plant for use at a workplace must
obtain from the designer of the plant —
(a) sufficient information to enable the plant to be
manufactured in accordance with the design
specifications for the plant; and
(b) the other information referred to in regulation 4.30(1).
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[Regulation 4.30A inserted in Gazette 8 Mar 2002 p. 972-3;
amended in Gazette 14 Dec 2004 p. 6017.]
4.31. Manufacturer of plant to give supplier information
(1) A person who manufactures plant for use at a workplace must
ensure that when the plant is delivered to a person who will

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supply the plant, that the person who will supply the plant is
provided with —
(a) the information about the plant that has been provided
under regulation 4.30(1) or obtained under
regulation 4.30A; and
(b) the design registration number issued by the
Commissioner under regulation 4.10 or by a regulatory
authority for that kind of plant.
(2) A person who manufactures plant for use at a workplace must
ensure that the information referred to in subregulation (1) is in,
or has been translated into, the English language before
providing the information.
Penalty applicable to subregulations (1) and (2) for a person
who commits the offence as an employee: the
regulation 1.15 penalty.
Penalty applicable to subregulations (1) and (2) in any other
case: the regulation 1.16 penalty.
[Regulation 4.31 amended in Gazette 8 Mar 2002 p. 973;
14 Dec 2004 p. 6017.]

4.31A. Importer of new plant to obtain information from

manufacturer etc.
A person who imports new plant for use at a workplace must
obtain the information referred to in regulation 4.30(1) —
(a) from the manufacturer of the plant; or
(b) if it is impracticable to obtain it from the manufacturer
of the plant, from a competent person.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[Regulation 4.31A inserted in Gazette 8 Mar 2002 p. 973;
amended in Gazette 14 Dec 2004 p. 6017.]

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4.32. Importer of plant to give supplier etc. information

(1) A person who imports new plant for use at a workplace must
ensure that when the plant is delivered to a person who will
supply or use the plant, that the person who will supply or use
the plant is provided with the information about the plant that
has been provided under regulation 4.30 or 4.31 or obtained
under regulation 4.30A or 4.31A and the design registration
number of that kind of plant.
(2) A person who imports used plant for use at a workplace where
the plant is not intended for use as scrap material or for spare
parts for other plant must provide the person to whom delivery
is intended with —
(a) all available and relevant safety and health information
provided by the persons who designed or manufactured
the plant; and
(b) any additional available information required to enable
the plant to be used safely.
(3) A person who imports plant for use at a workplace must ensure
that the information referred to in subregulation (1) or (2), as the
case requires, is in, or has been translated into, the English
language before providing the information.
(4) A person who imports plant for use at a workplace where the
plant is intended for use as scrap material or for spare parts for
other plant must advise the person to whom delivery is intended,
either in writing or by marking the plant before its delivery —
(a) of the intended purpose for the plant; and
(b) that the plant in its current form is not to be placed in
service but is to be used only as scrap material or as
spare parts.
Penalty applicable to subregulations (1), (2), (3) and (4) for a
person who commits the offence as an employee: the
regulation 1.15 penalty.

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Penalty applicable to subregulations (1), (2), (3) and (4) in any

other case: the regulation 1.16 penalty.
[Regulation 4.32 amended in Gazette 8 Mar 2002 p. 974;
14 Dec 2004 p. 6017.]
4.33. Supplier of plant (not by hire or lease) to give recipient
information
(1) This regulation does not apply to plant supplied by way of hire
or lease.
(2) A person who supplies new plant for use at a workplace must
ensure when the plant is supplied to a person, that the person is
provided with —
(a) the information about the plant that has been provided
under regulation 4.30, 4.31 or 4.32 and the design
registration number of that kind of plant; and
(b) any available information, data or certificate specified
for that plant by each Standard set out in Schedule 4.3
that is relevant to that kind of plant.
(3) A person who supplies used plant for use at a workplace must
ensure when the plant is supplied to a person that the person is
provided with —
(a) all available, relevant safety and health information
provided by the persons who designed or manufactured
the plant, and any additional available information
required to enable the plant to be used safely; and
(b) where available, any record kept by a previous owner of
the plant in accordance with these regulations.
(4) A person who supplies plant for use at a workplace must ensure
that the information referred to in subregulation (2) or (3), as the
case requires, is in, or has been translated into, the English
language before providing the information.
[(5) deleted]

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(6) A person who supplies plant for use at a workplace through an

intermediary must ensure before the plant is supplied to a
person that that person is advised in writing of each fault (if
any) in the plant and, where applicable, that the plant is not to
be used until a specified fault is rectified.
Penalty applicable to subregulations (2), (3), (4) and (6) for a
person who commits the offence as an employee: the
regulation 1.15 penalty.
Penalty applicable to subregulations (2), (3), (4) and (6) in any
other case: the regulation 1.16 penalty.
[Regulation 4.33 amended in Gazette 8 Mar 2002 p. 974;
7 Jun 2002 p.  2737; 14 Dec 2004 p. 6017.]

4.34. Certain plant, duty of employer etc. to keep records of etc.

(1) If plant of a kind specified in subregulation (2) is used at a
workplace then a person who, at the workplace, is an employer,
a main contractor, a self-employed person, a person having
control of the workplace or a person having control of access to
the workplace must ensure that a record is made and kept of any
maintenance, inspection, commissioning, alteration of the plant
or test results while it is at the workplace or otherwise under the
control of that person.
(2) The following plant is specified for the purposes of
subregulation (1) —
(a) an individual item of plant of a kind set out in
Schedule 4.2;
(b) any of the following items of plant —
(i) an industrial lift truck;
(ii) a mobile crane;
(iii) a hoist with a platform movement in excess of
2.4 metres and designed to lift people;
(iv) a boom-type elevating work platform;
(v) a presence-sensing safeguarding system;

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(vi) a vehicle hoist;

(vii) a gantry crane with a safe working load greater
than 5 tonnes, or which is designed to handle
molten metal or dangerous goods;
(viii) a bridge crane with a safe working load greater
than 10 tonnes, or which is designed to handle
molten metal or dangerous goods;
(ix) a mast climbing work platform;
(x) a concrete placing unit.
(3) A person who, at a workplace, is an employer, a main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure that —
(a) any record kept by the person under subregulation (1);
and
(b) any information that has been provided under
regulation 4.33 about plant at the workplace,
is accessible at all reasonable times to any person working at the
workplace and to any safety and health representative at the
workplace.
(4) A person who, at a workplace, is an employer, a main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure, in relation to plant used at the
workplace or otherwise under the control of that person, that
any record relating to safety and health in respect of the plant is
transferred on sale of the plant, unless the plant is sold as scrap
material or as spare parts for other plant.
Penalty applicable to subregulations (1), (3) and (4): the
regulation 1.16 penalty.
[Regulation 4.34 amended in Gazette 8 Mar 2002 p. 974- 5;
14  Dec 2004 p. 6018.]

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r. 4.34

4.35. Supplier of plant by hire or lease, duties of

(1) A person who supplies plant for use at a workplace by way of
hiring or leasing the plant must —
(a) ensure that the plant is inspected between periods of hire
or lease so as to reduce, as far as is practicable, any risk
of injury or harm occurring to persons installing or
erecting, commissioning or using the plant at a
workplace; and
(b) ensure that an assessment is done to determine whether
the plant requires testing, in order to check so far as
practicable whether new or increased risks of injury or
harm occurring to persons installing or erecting,
commissioning or using the plant at the workplace have
developed and to determine the frequency of any
required testing; and
(c) ensure that any testing determined by the assessment to
be necessary is done and recorded and that the records
are maintained for the operating life of the plant.
(2) A person who supplies plant for use at a workplace by way of
hiring or leasing the plant must ensure —
(a) when the plant is supplied to a person that the person is
provided with all available, relevant safety and health
information provided by the persons who designed or
manufactured the plant, and any additional available
information required to enable the plant to be used
safely; and
(b) that the information referred to in paragraph (a) is in, or
has been translated into, the English language before
providing the information.
Penalty applicable to subregulations (1) and (2) for a person
who commits the offence as an employee: the
regulation 1.15 penalty.

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Penalty applicable to subregulations (1) and (2) in any other

case: the regulation 1.16 penalty.
[Regulation 4.35 amended in Gazette 8 Mar 2002 p. 975;
14  Dec 2004 p. 6017.]

4.36. Installation etc. of plant, duties of employer etc. as to

A person, who at a workplace, is an employer, a main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure —
(a) that a competent person undertakes the installation or
erection and commissioning of plant at the workplace
and is provided with the information necessary to enable
the plant to be installed or erected and commissioned so
as to reduce, as far as is practicable, the risk of injury or
harm occurring as a result of the installation or erection
and commissioning of the plant; and
(b) that plant is installed or erected in a location of the
workplace that is suitable for the operation being
undertaken, and for the type of plant; and
(c) that there is sufficient space around plant at the
workplace to allow the plant to be used and repaired so
as to reduce, as far as is practicable, the risk of injury or
harm occurring as the result of the use or repair of that
plant; and
(d) during testing and start-up of plant at the workplace, if
the final means of safeguarding is not in place, that
interim safeguards are used; and
(e) that plant is not put into active service at the workplace
unless the adjustments, inspections and testing
undertaken during the commissioning process indicate
that the plant is in full working order and is appropriate
for the intended service.
Penalty: the regulation 1.16 penalty.

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r. 4.34

[Regulation 4.36 amended in Gazette 8 Mar 2002 p. 976;

14  Dec 2004 p. 6018.]

4.37. Inspection etc. of plant, duties of employer etc. as to

(1) A person, who at a workplace, is an employer, a main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure —
(a) that plant at the workplace is subject to appropriate
checks, tests and inspections necessary to reduce the risk
of injury or harm occurring to a person at the workplace;
and
(b) that inspection, repair, maintenance, alteration and
cleaning of the plant at the workplace is carried out
having regard to procedures recommended by the
designer or manufacturer or, if those recommendations
are not available, procedures developed by a competent
person; and
(c) where the function or condition of plant at the workplace
is impaired to the extent that it presents an immediate
risk to safety or health, that the plant is withdrawn from
use until the plant is assessed and repaired under
regulation 4.38(1); and
(d) that plant at the workplace is used only for the purpose
for which it was designed, unless the person has
determined, and a competent person has assessed, that a
proposed change in use does not increase the risk of
injury or harm occurring; and
(e) that measures are provided to prevent, as far as
practicable, interference with plant or the alteration or
use of plant in a manner that could render the plant a
hazard to any person at the workplace; and
(f) that every dangerous part of a fixed, mobile or hand held
powered plant is, as far as practicable, securely fenced
or guarded in accordance with regulation 4.29 unless the

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plant is so positioned or constructed that it is as safe as it

would be if securely fenced or guarded; and
(g) that a fence or guard provided for the purposes of this
regulation is constantly maintained and of substantial
construction taking into account its intended purpose;
and
(h) as far as practicable, that any fence or guard provided
for the purpose of this regulation is kept in position
while the plant is operated; and
(i) in the cases where guarding of any moving part of the
plant does not eliminate the risk of entanglement or
where it is not practicable to guard a moving part of the
plant, that persons do not operate, or pass in close
proximity to, the moving part unless a safe system of
work is in place to reduce the risk as far as is
practicable.
Penalty: the regulation 1.16 penalty.
(2) A person does not commit an offence under subregulation (1)(e)
if the measures are designed to allow interference with the plant
or the alteration or use of the plant for the purposes of dealing
with an accident or emergency.
[Regulation 4.37 inserted in Gazette 8 Mar 2002 p. 976- 8;
amended in Gazette 7 Jun 2002 p. 2737; 14 Dec 2004
p. 6018.]

4.37A. Access to plant for r. 4.37(1)(b) or (c), duties of employer

etc. as to
(1) In this regulation —
energy source means anything with the capacity for doing work
and includes springs under tension or compression,
accumulators, capacitors and other energy storing devices.
(2) If access to plant at a workplace is required for the purposes of
regulation 4.37(1)(b) or (c), then a person who, at the
workplace, is an employer, a main contractor, a self-employed

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Division 3 General duties applying to plant
r. 4.34

person, a person having control of the workplace or a person

having control of access to the workplace must —
(a) ensure that all hazards associated with and all energy
sources of the plant are identified; and
(b) authorise a person (an authorised person) to carry out
the matters referred to in subregulation (3), (4) or (5)(a).
(3) An authorised person must, if it is practicable to do so, stop the
plant and ensure that any risk associated with any identified
hazard is reduced as far as is practicable.
(4) An authorised person must, if it is practicable to do so, stop the
plant and ensure that —
(a) all energy sources are de-energised, and isolated using
an isolation device and locked-out using a lock-out
device; and
(b) an out of service tag is fixed to the plant and danger tags
are fixed at the energy sources and the operating
controls of the plant; and
(c) the measures taken in paragraph (a) are tested to ensure
that the plant cannot be energised inadvertently; and
(d) anything to be carried out under regulation 4.37(1)(b)
or (c) is not carried out before the tests are carried out;
and
(e) after anything to be carried out under regulation 4.37(1)
(b) or (c) is carried out, the plant is returned to
operational status.
(5) If it is not practicable to carry out all of the matters referred to
in subregulation (4)(a) to (d) —
(a) the authorised person must ensure that such of those
matters as it is practicable to carry out are carried out;
and
(b) the person who gave the authorised person authorisation
must —

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(i) ensure that written procedures are developed by

a competent person to deal with the hazards and
energy sources that it is not practicable to deal
with under subregulation (4)(a) to (d); and
(ii) provide those written procedures to the
authorised person; and
(iii) ensure that the written procedures are followed
by a person carrying out the matters referred to
regulation 4.37(1)(b) or (c).
(6) If access to plant at a workplace is required for the purposes of
regulation 4.37(1)(b) or (c) and it is not practicable to stop the
plant, then a person who, at the workplace, is an employer, a
main contractor, a self-employed person, a person having
control of the workplace or a person having control of access to
the workplace must ensure —
(a) that the plant is fitted with operating controls that allow
controlled movement of the plant; and
(b) that there are written procedures to be followed in
relation to anything to be carried out under
regulation 4.37(1)(b) or (c) that are designed to prevent
injury to persons working on the plant; and
(c) that persons working on the plant carry out the work in
accordance with the written procedures.
(7) A person does not commit an offence under subregulation (4)(a)
or (5)(a) if the plant is not isolated and locked out in the case of
an accident or emergency.
Penalty applicable to subregulations (2), (3), (4), (5) and (6): the
regulation 1.16 penalty.
[Regulation 4.37A inserted in Gazette 8 Mar 2002 p. 978- 80;
amended in Gazette 14 Dec 2004 p. 6018.]

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r. 4.34

4.38. Damaged plant, repairs etc., duties of employer etc. as to

(1) A person, who at a workplace, is an employer, a main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure —
(a) when plant at the workplace has been damaged to the
extent that its function or condition is impaired in a
manner that increases a risk of injury or harm occurring
to a person at the workplace, that a competent person
assesses the damage and advises the first-mentioned
person —
(i) of the nature of the damage; and
(ii) whether the plant can be repaired and, if so, what
repairs are to be done to reduce, as far as is
practicable, any risk of injury or harm occurring;
and
(b) that any repair, inspection and, where necessary, testing
of plant at the workplace is done by a competent person;
and
(c) that repairs to plant at the workplace are done so that the
original design limits in relation to the plant are not
exceeded.
(2) If, at a workplace, any plant is damaged and the damage
exposes a person to a hazard because of the presence of
electricity then a person who, at the workplace, is an employer,
the main contractor, a self-employed person, a person having
control of the workplace or a person having control of access to
the workplace must ensure that —
(a) the plant is disconnected from the electricity supply and
that it is not used until the damaged part is repaired or
replaced; and
(b) a person authorised by the first-mentioned person fixes
an “out-of-service” tag to the plant and all the common

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r. 4.35

isolation points for that plant, and only removes the tags
when the electrical hazard is no longer a hazard; and
(c) the action to stop the plant and to return the plant to
operational status is taken by a person authorised by the
first-mentioned person.
Penalty applicable to subregulations (1) and (2): the
regulation 1.16 penalty.
[Regulation 4.38 amended in Gazette 8 Mar 2002 p. 980- 1;
14  Dec 2004 p. 6018.]

4.39. Alteration of plant design, duties of employer etc. in case of

Without limiting regulation 4.11, if the design of existing plant
at a workplace is altered then a person who, at the workplace is
an employer, the main contractor, a self-employed person, a
person having control of the workplace or a person having
control of access to the workplace must ensure that —
(a) the design alteration is assessed for any risk of injury or
harm occurring as if it were an original design; and
(b) the alteration to the plant is done by a competent person;
and
(c) before the plant is returned to service, it is inspected and
tested by a competent person having regard to the design
specifications for the design alteration.
Penalty: the regulation 1.16 penalty.
[Regulation 4.39 amended in Gazette 8 Mar 2002 p. 981;
14 Dec 2004 p. 6018.]

4.40. Dismantling, storing or disposing of plant, duties of

employer etc. as to
(1) If plant at a workplace is dismantled then a person who, at the
workplace is an employer, the main contractor, a self-employed
person, a person having control of the workplace or a person
having control of access to the workplace must ensure that —

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r. 4.34

(a) the dismantling is done, or supervised, by a competent

person; and
(b) any relevant information that has been provided by the
person who designed or manufactured the plant is made
available to the competent person.
(2) If plant, including plant that is dismantled, is to be stored at a
workplace rather than disposed of then a person who, at the
workplace is an employer, the main contractor, a self-employed
person, a person having control of the workplace or a person
having control of access to the workplace must ensure that both
the preparation for storage, and the storage, of that plant is done
by a competent person.
(3) If plant at a workplace is to be disposed of and contains
materials presenting a risk to the safety or health of a person
then a person who, at the workplace is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure that disposal is done by a competent
person.
Penalty applicable to subregulations (1), (2) and (3): the
regulation 1.16 penalty.
[Regulation 4.40 amended in Gazette 8 Mar 2002 p. 982;
14 Dec 2004 p. 6018.]
4.41. Plant not to be used etc. so as to become a hazard
A person must not interfere with, alter or use plant in a manner
which could render the plant a hazard to any person at a
workplace unless the interference, alteration or use of the plant
occurs by way of dealing with an accident or emergency.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[Regulation 4.41 amended in Gazette 14 Dec 2004 p. 6017.]

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r. 4.35

4.42. Mandatory markings on plant not to be removed etc.

A person must not remove, disfigure, destroy or conceal or
attempt to remove, disfigure, destroy or conceal, any stamp or
mark showing the safe working load of plant at a workplace or a
number or marking displayed in accordance with this Part.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[Regulation 4.42 amended in Gazette 14 Dec 2004 p. 6017.]

Division 4 — Safety requirements in relation to certain types

of plant
4.43 Pressure equipment and gas cylinders, duties of employer
etc. as to
(1) A person who, at a workplace, is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure —
(a) that any pressure equipment to which AS/NZS 1200
applies (other than a gas cylinder) to be used at the
workplace is installed, commissioned, operated,
maintained and inspected in accordance with AS 2593,
AS 3873, AS/NZS 3788 or AS 3892, as is applicable, or
the Australian Miniature Boiler Safety Committee Code,
except that the inspection is to be conducted by a
competent person rather than an in-service inspector
within the meaning of AS/NZS 3788; and
(b) that each gas cylinder to be used at the workplace has a
current inspection mark in accordance with AS 2030.
(2) A person who, at a workplace that is a gas cylinder filling
station, is an employer, the main contractor, a self-employed
person, a person having control of the workplace or a person

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r. 4.34

having control of access to the workplace must ensure that a gas

cylinder to be used at a workplace —
(a) is not filled unless it bears a current inspection mark in
accordance with AS 2030; and
(b) is filled in accordance with AS 2030; and
(c) is filled with a fluid that is compatible with the
particular cylinder.
Penalty applicable to subregulations (1) and (2): the
regulation 1.16 penalty.
[Regulation 4.43 inserted in Gazette 8 Mar 2002 p. 982- 3;
amended in Gazette 14 Dec 2004 p. 6018.]

4.44. Powered mobile plant, duties of supplier of and employer

etc. as to
(1) Subject to regulation 4.45, a person who, at a workplace at
which there is any powered mobile plant, is an employer, the
main contractor, a self-employed person, a person having
control of the workplace or a person having control of access to
the workplace must ensure in relation to each item of powered
mobile plant that —
(a) if there is any risk that —
(i) the plant could overturn; or
(ii) an object could come into contact with the
operator of the plant; or
(iii) the operator of the plant could be ejected from
the seat,
then, as far as practicable, the risk is limited by the
provision of an appropriate combination of operator
protective devices, and that those devices are maintained
and used appropriately; and
(b) if there is a risk that an object may come into contact
with the operator of the plant from the front, side or rear
of the plant then, as far as practicable, the risk is limited

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by the provision of an appropriate structure that protects

the operator.
(2) Subject to regulation 4.45, a person who supplies powered
mobile plant for use at a workplace must ensure that the plant is
fitted with suitable and adequate operator protective devices to
reduce, as far as is practicable, the risk of injury or harm to the
operator.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
(3) Nothing in subregulation (1) or (2) or regulation 4.45 prevents a
person from lowering or removing a roll-over protective
structure for such time as the powered mobile plant is being
used under a tree or in a place that would be too low for the
plant to work had the roll-over protective structure been in
operating position.
(4) If powered mobile plant at a workplace is fitted with a roll-over
protective structure or a falling object protective structure then a
person who, at the workplace, is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure that —
(a) the protective structure complies with AS 1636
or AS 2294; or
(b) the protective structure has been designed by a suitably
qualified engineer to a standard that provides at least the
same level of protection as would be provided if the
protective structure complied with AS 1636 or AS 2294.
(5) If powered mobile plant at a workplace —
(a) is fitted with a roll-over protective structure or a falling
object protective structure; and

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(b) has seat belt attaching points incorporated into the

original design of that plant,
then a person who, at the workplace is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure that the plant is fitted with a seat belt at
each set of attaching points and that the operator of the plant
uses the seat belt.
(6) A person who, at a workplace at which there is any powered
mobile plant, is an employer, the main contractor, a
self-employed person, a person having control of the workplace
or a person having control of access to the workplace must
ensure in relation to each item of powered mobile plant that if
there is any risk that the plant could collide with persons or any
other plant or thing, then the risk is reduced as far as
practicable.
(7) A person who, at a workplace, is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure that a person other than the operator (the
passenger) does not ride on powered mobile plant at the
workplace unless —
(a) the passenger is seated in a seat specifically designed for
carrying a passenger; and
(b) the passenger’s seat is located within the zone of
protection afforded by the framework of an operator
protective device if such a device is required under these
regulations; and
(c) the passenger’s seat is fitted with an appropriate seat belt
and that the passenger uses the seat belt.
(8) Nothing in subregulation (7) prevents a person who is training,
instructing or assessing the operator of a powered mobile plant
in the operation of the plant (the instructor) from riding on the

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plant other than in a seat specifically designed for carrying a

person if a person who, at a workplace, is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace ensures that means are used to prevent the instructor
from slipping, falling or being thrown from the plant.
Penalty applicable to subregulations (1), (4), (5), (6) and (7): the
regulation 1.16 penalty.
[Regulation 4.44 amended in Gazette 8 Mar 2002 p. 983-5;
7 Jun 2002 p.  2737; 14 Dec 2004 p. 6017 and 6018.]

4.45. Certain tractors and earthmoving machinery, protective

structures etc. required on
(1) A person who, at a workplace, is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure that —
(a) a tractor of a mass greater than 800 kg and less than
15 000 kg manufactured, imported or originally
purchased after 1 January 1981 is fitted with a roll-over
protective structure; and
(b) hydraulic excavators and earthmoving machinery of a
kind to which AS 2294 applies manufactured, imported
or originally purchased after 1 January 1989 is fitted
with an appropriate combination of operator protective
devices.
Penalty: the regulation 1.16 penalty.
(2) Nothing in this regulation or in regulation 4.44 applies to a
tractor that is installed in a fixed position and in a manner that
would not enable the tractor to be used as mobile plant.
[Regulation 4.45 amended in Gazette 8 Mar 2002 p. 985;
14  Dec 2004 p. 6018.]

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r. 4.34

4.46. Plant with hot or cold parts or molten metal, duties of

employer etc. as to
(1) If any plant at a workplace has a hot or a cold part and a person
could be exposed to that hot or cold part then a person who, at
the workplace, is an employer, the main contractor, a
self-employed person, a person having control of the workplace
or a person having control of access to the workplace must
ensure that the exposure is monitored, and is appropriately
managed to reduce, as far as is practicable, any risk of injury or
harm occurring to the first-mentioned person.
(2) If plant containing molten metal is to be moved at a workplace
then a person who, at the workplace, is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure that arrangements are made to prevent
unnecessary access to any part of the transport route during the
transportation.
(3) If plant at a workplace has pipes or other parts which are hot or
cold then a person who, at the workplace, is an employer, the
main contractor, a self-employed person, a person having
control of the workplace or a person having control of access to
the workplace must ensure that those pipes or other parts are
adequately guarded or insulated to reduce, as far as is
practicable, the risk of injury or harm to a person.
Penalty applicable to subregulations (1), (2) and (3): the
regulation 1.16 penalty.
[Regulation 4.46 amended in Gazette 8 Mar 2002 p. 986;
14 Dec 2004 p. 6018.]

[4.47. Deleted in  Gazette 8 Mar 2002 p. 986.]

4.48 Plant starting etc. automatically etc., duties of employer etc.

as to
A person who, at a workplace, is an employer, the main
contractor, a self-employed person, a person having control of

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the workplace or a person having control of access to the

workplace must ensure that —
(a) no person works in the immediate vicinity of plant
which could start without warning and cause a hazard
unless appropriate controls and systems of work are in
place; and
(b) if an industrial robot can be remotely or automatically
energised, access to the immediate area around that
robot is restricted and controlled at all times by —
(i) positive isolation; or
(ii) the provision of interlocked guarding,
presence-sensing devices or permit-to-work
systems.
Penalty: the regulation 1.16 penalty.
[Regulation 4.48 inserted in Gazette 8 Mar 2002 p. 986-7;
amended in Gazette 14 Dec 2004 p. 6018.]

4.49. Laser, duties of employer etc. as to

A person who, at a workplace is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure that —
(a) a laser or laser product is not used at a workplace unless
it has been classified and labelled in accordance with
AS/NZS 2211; and
(b) Class 3B or Class 4 lasers or laser products (as defined
in AS/NZS 2211) are not used for construction work;
and
(c) the use of lasers and laser products (other than Class 3B
or Class 4 lasers or laser products) in construction work
is in accordance with AS 2397; and

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(d) the use of lasers and laser products at a workplace other

than a construction site is in accordance with
AS/NZS 2211.
Penalty: the regulation 1.16 penalty.
[Regulation 4.49 amended in Gazette 8 Mar 2002 p. 987;
10  Jan  2003 p. 65; 14 Dec 2004 p. 6018.]

4.50. Nail gun, duties of user of, employer etc. as to

(1) A person who, at a workplace, is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure that a nail gun is not brought onto or
used at the workplace if it has been modified so that it is not or
cannot be used in accordance with its manufacturer’s
specifications for its safe use.
(2) Subregulation (1) does not apply to a nail gun that is taken onto
a workplace for the purpose of —
(a) being repaired; or
(b) being modified to ensure that it complies with its
manufacturer’s specifications for its safe use.
(3) A person who at a workplace uses a nail gun must ensure that
one or more safety warning signs bearing the words
“WARNING —NAIL GUN IN USE — KEEP CLEAR” are
displayed so as to be clearly legible to all persons who are at or
entering that part of the workplace where the gun is to be used.
Penalty applicable to subregulations (1) and (3) for a person
who commits the offence as an employee: the
regulation 1.15 penalty.
Penalty applicable to subregulations (1) and (3) in any other
case: the regulation 1.16 penalty.
[Regulation 4.50 amended in Gazette 8 Mar 2002 p. 988;
14 Dec 2004 p. 6017.]

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4.51. Explosive powered tool, duty of employer etc. as to

A person who, at a workplace, is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure that an explosive powered tool used at
the workplace complies with the requirements of, and is used in
accordance with, AS/NZS 1873.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[Regulation 4.51 inserted in Gazette 8 Mar 2002 p. 989;
amended in Gazette 14 Dec 2004 p. 6017.]

4.52. Amusement structure, duties of employer etc. as to

(1) If, at a workplace, there is an amusement structure then a person
who, at the workplace is an employer, a self-employed person, a
person having control of the workplace or a person having
control of access to the workplace must ensure —
(a) that the structure is operated, maintained and
inspected —
(i) in accordance with AS 3533 or, if applicable, the
Australian Association of Live Steamers Code of
Practice and maintained in accordance with that
Standard or Code, as the case requires; and
(ii) having regard to the instructions of a person who
designed or manufactured the structure or of any
competent person who develops instructions for
the operation of that structure;
and
(b) that records are kept in relation to the structure in
accordance with AS 3533 or, if applicable, the
Australian Association of Live Steamers Code of
Practice; and

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(c) that the structure has such emergency brakes as are

necessary to prevent collision between components of
the amusement structure in the event of the normal
controls failing; and
(d) where the structure uses inclined tracks, that it has
automatic anti-rollback devices to prevent backward
movement of any passenger carrying units upon failure
of the propelling mechanism.
(2) A person who is an employer, a self-employed person, a person
having control of the workplace or a person having control of
access to the workplace at a workplace at which an amusement
structure is operated must ensure that —
(a) if the operator of the structure does not have a clear view
of the point at which passengers are loaded or unloaded
then the structure has a signal system for starting and
stopping; and
(b) any code of signals adopted is printed and kept posted at
the stations of the operator and the signaller; and
(c) signals for the movement or operation of the structure
are given only when all passengers and other persons
who may be endangered by such movement or operation
are in a position of safety.
Penalty applicable to subregulations (1) and (2): the
regulation 1.16 penalty.
[Regulation 4.52 amended in Gazette 8 Mar 2002 p. 989-90;
14 Dec 2004 p. 6018.]

4.53. Plant that lifts, suspends or lowers people or things, duties

of employer etc. as to
(1) If there is at a workplace any plant that is designed to lift or
lower people, equipment or materials then a person who, at the
workplace is an employer, the main contractor, a self-employed
person, a person having control of the workplace or a person
having control of access to the workplace must ensure, as far as

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practicable, that no loads are suspended over, or travel over, a

person.
(2) A person who, at a workplace is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure that no person is lifted or suspended by
any plant at a workplace or its attachment (other than any plant
specifically designed for the lifting or suspending of persons)
unless —
(a) another method is impracticable; and
(b) a suitable and adequate work box or other personnel
carrying device, designed for the purpose, is used and
securely attached to the plant; and
(c) the plant is fitted with a means by which the work box
or other personnel carrying device can be safely lowered
in the event of an emergency or the failure of the power
supply; and
(d) the plant is suitably stabilized at all times while the work
box or other personnel carrying device is in use; and
(e) a suitable means of preventing a person falling from the
work box or other personnel carrying device is provided
in accordance with Division 5 of Part 3 and worn by all
persons in a suspended work box or other personnel
carrying device, except where the work box or other
personnel carrying device is fully enclosed; and
(f) in the case of a crane, it has “drive-up” and
“drive-down” controls on both the hoisting and luffing
motions and those controls are used.
(3) A person who, at a workplace is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure that a load is not lifted at the workplace
simultaneously with 2 or more items of plant other than cranes
unless —

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(a) it is not practicable to lift the load with one item of plant
only; and
(b) the distance between any 2 of the items of plant is such
that each plant and its load cannot come into contact
with the other items of plant and their loads; and
(c) a means of communication is provided for the operator
of each item of plant and each operator is trained in the
use of the means of communication.
(4) A system of radio communication is not sufficient for the
purposes of subregulation (3) unless it is kept free from
interference from any other radio system and enables clear
communication at all times.
(5) A person who, at a workplace is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure that if plant is used for lifting or moving
a load at the workplace and the load may become unstable, then
the load is appropriately restrained.
(6) A person who, at a workplace is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure that plant other than a crane or hoist is
not used at the workplace to suspend a load unless —
(a) the use of a crane or hoist is impracticable; and
(b) the lifting arm of the plant is not extended beyond the
limit required to lift the load; and
(c) the plant does not travel with the load unless the lifting
arm is retracted as far as practicable; and
(d) if necessary, stabilizers are provided and used to achieve
stability of the plant; and
(e) persons and vehicles are prevented from entering any
area in or adjacent to the workplace where there is a risk

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of injury or damage occurring as a result of the

movement of the load —
(i) by means of warning signs, flashing lights,
barriers, traffic controllers or other means as
would be appropriate to the nature of the load;
and
(ii) with the minimum amount of disruption to
persons and traffic in the area;
and
(f) a lifting point is provided on the plant; and
(g) if buckets operated by trip-type catches are used for
lifting, the catch is bolted or otherwise positively
engaged; and
(h) an appropriate load chart is provided and all lifting is
done within the safe working load limits of the plant;
and
(i) the safe working load limits of the plant are actually
displayed on the plant; and
(j) loads are only lifted using attachments that are suitable
for the task being performed.
(7) A person who, at a workplace, is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure that no winch other than a winch that is
part of a crane is used at the workplace for any lifting work
unless the winch is a “drive-up/drive-down” type that does not
incorporate any form of declutching allowing free fall.
Penalty applicable to subregulations (1), (2), (3), (5), (6)
and (7): the regulation 1.16 penalty.
[Regulation 4.53 amended in Gazette 8 Mar 2002 p. 990-2;
14 Dec 2004 p. 6018.]

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4.54. Cranes, hoists and building maintenance units, additional

duties of employer etc. as to
(1) In this regulation —
dogger means a person who holds a high risk work licence
authorising the person to do dogging work;
responsible person, in relation to a workplace, means a person
who, at the workplace is an employer, the main contractor, a
self-employed person or a person having control of the
workplace;
rigger means a person who holds a high risk work licence
authorising the person to do rigging work involving cranes;
vehicle loading crane means a crane mounted on a vehicle for
the principal purpose of loading items onto the vehicle and
unloading items from the vehicle.
(2) Before a person rides in a work box suspended from a crane at a
workplace, each responsible person must ensure that the rider
has been given a written document, signed by each responsible
person and the driver of the crane, describing the safety
measures that the rider must observe while riding in the box.
(3) If a crane or hoist is at a workplace, each responsible person at
the workplace must ensure that the crane or hoist is not used as
an amusement structure, whether or not for payment or reward.
(4) If there is a crane, hoist or building maintenance unit at a
workplace then each responsible person at the workplace must
ensure that the crane, hoist or unit is maintained, inspected and
operated —
(a) in accordance with written instructions developed at the
time of design or manufacture by the person who
designed or manufactured the crane, hoist or unit; or
(b) if it is not practicable for that person to obtain the
instructions referred to in paragraph (a), in accordance
with any written instructions approved by the
Commissioner for the purposes of this paragraph; or

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(c) if it is not practicable for that person to obtain

instructions referred to in paragraph (a) or (b), in
accordance with AS 2550.1 and any other part of
AS/NZS 2550 that is relevant to that kind of plant and
with AS 1418.1 and any other part of AS/NZS 1418 that
is relevant to that kind of plant.
(5) A person does not commit an offence under subregulation (4) in
not complying with item 10.4.1(a), 10.4.2(e), or 10.4.3(d) of
AS 2550.10 before 3 October 2005 where the relevant plant is a
hoist that —
(a) is a boom-type elevating work platform; and
(b) is used only in connection with commercial fruit
growing; and
(c) was owned immediately before 3 October 2003 by a
person who has owned it continuously since then.
(6) Nothing in subregulation (4) or (5) affects the requirement
under regulation 4.34 to make and keep records of maintenance
and inspection.
(7) A responsible person at a workplace must ensure that no crane
is used at the workplace for multi-crane hoisting unless —
(a) the rated capacity of the crane exceeds the crane’s share
of the load by at least —
(i) 20%, if 2 cranes are used; or
(ii) 33%, if 3 cranes are used; or
(iii) 50%, if more than 3 cranes are used;
and
(b) the physical dimensions and mass of the load prevent the
load from being handled by a single crane that is readily
available; and
(c) the hoisting is supervised by a person who holds a high
risk work licence authorising the person to do rigging

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work involving multi-crane hoisting and who is not an

operator of one of the cranes.
(8) If a crane with a maximum rated capacity of greater than
60 tonnes, other than a vehicle loading crane, is used at a
construction site, a responsible person must ensure that the
following persons are involved in the use of the crane —
(a) at least one crane operator who has experience in the use
of such a crane;
(b) at least —
(i) one dogger and one rigger; or
(ii) 2 doggers; or
(iii) 2 riggers,
each of whom has experience in the use of such a crane.
(9) If a crane with a maximum rated capacity of equal to or more
than 10 tonnes and less than or equal to 60 tonnes, other than a
vehicle loading crane, is used at a construction site a responsible
person must ensure that the following persons are involved in
the use of the crane —
(a) at least one crane operator who has experience in the use
of such a crane;
(b) at least —
(i) one dogger; or
(ii) one rigger,
who has experience in the use of such a crane.
(10) If a vehicle loading crane with a boom of a length greater than
3 metres, or capable of extending to a length of greater than
3 metres, is used at a construction site, a responsible person
must ensure that the following persons are involved in the use of
the crane —
(a) at least one crane operator who has experience in the use
of such a crane;
(b) at least one dogger.

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(10a) A person does not commit an offence under subregulation (10)

where —
(a) the vehicle loading crane is used to lift a load from the
ground onto the vehicle on which the crane is mounted
or to lift a load from the vehicle onto the ground; and
(b) the operator of the crane is a dogger who has experience
in the use of such a crane.
(10b) A person does not commit an offence under subregulation (10)
where —
(a) the vehicle loading crane is used to lift a load from the
ground onto the vehicle on which the crane is mounted
or to lift a load from the vehicle onto the ground; and
(b) part of the load has the purpose of connecting the load to
a crane for a lift; and
(c) that part of the load is used for that purpose; and
(d) there is involved in the use of the crane at least one
crane operator who has experience in the use of such a
crane; and
(e) an operator of the crane knows the mass of the load.
(10c) A person does not commit an offence under subregulation (10)
before 1 January 2005 where the vehicle loading crane is used
to lift a load from the ground onto the vehicle on which the
crane is mounted or to lift a load from the vehicle onto the
ground.
(11) If a crane with a maximum rated capacity of less than 10 tonnes
and a boom of a length greater than 3 metres, or capable of
extending to a length of greater than 3 metres, other than a
vehicle loading crane, is used at a construction site a responsible
person must ensure that the following persons are involved in
the use of the crane —
(a) at least one crane operator who has experience in the use
of such a crane;
(b) at least one dogger.

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(11a) A person does not commit an offence under subregulation (11)

before 1 January 2005 where the crane used is earthmoving
machinery.
(12) If a crane at a workplace is of a kind set out in Schedule 4.1 or
4.2, and there is an event or occurrence that causes, or that at the
time of the event or occurrence would reasonably be expected to
cause, the crane to be damaged or to malfunction to the extent
that risk of injury or harm occurring to a person at the
workplace increases, a person having control of the workplace
must as soon as practicable after the person becomes aware of
the event or occurrence ensure that the Commissioner is notified
of the event or occurrence.
Penalty applicable to subregulations (2), (3), (4), (7), (8), (9),
(10), (11) and (12): the regulation 1.16 penalty.
(13) A person does not commit an offence under subregulation (7) in
relation to a crane if the hoisting, instead of being supervised by
a person who holds the required licence, is supervised by a
person who may, under Part 7 Division 2, do rigging work
involving multi-crane hoisting without holding a high risk work
licence.
(14) A person does not commit an offence under subregulation (8),
(9), (10) or (11) —
(a) in relation to a requirement to ensure that one or more
doggers are involved — if, instead of a dogger being
involved, a person who may, under Part 7 Division 2, do
dogging work without holding a high risk work licence
is involved; and
(b) in relation to a requirement to ensure that one or more
riggers are involved — if, instead of a rigger being
involved, a person who may, under Part 7 Division 2, do
rigging work involving cranes without holding a high
risk work licence is involved.

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(15) The requirement under subregulation (10a)(b) is to be taken to

have been met if the operator of the crane, instead of being a
dogger, is a person who may, under Part 7 Division 2, do
dogging work without holding a high risk work licence.
(16) Nothing in subregulation (13), (14) or (15) is to be taken to
affect any other requirement under subregulation (7), (8), (9),
(10), (10a) or (11).
[Regulation 4.54 inserted in Gazette 3 Oct 2003 p. 4359-62;
amended in Gazette 25 Jun 2004 p. 2292- 3; 14 Dec  2004
p.  6018; 24 Aug 2007 p. 4259-61.]

4.55. Pedestrian operated industrial lift truck, duties of employer

etc. as to
[(1) deleted]
(2) If there is a pedestrian operated industrial lift truck at a
workplace, then a person who, at the workplace is an employer,
the main contractor, a self-employed person, a person having
control of the workplace or a person having control of access to
the workplace must ensure that that truck is operated —
(a) by a person who is trained or being trained in the
operation of that type of truck and who has reached
17 years of age; and
(b) having regard to the instructions of a person who
designed or manufactured the industrial lift truck or of
any competent person who develops instructions for the
operation of the industrial lift truck.
Penalty: the regulation 1.16 penalty.
[Regulation 4.55 inserted in Gazette 8 Mar 2002 p. 994- 6;
amended in Gazette 14 Dec 2004 p. 6018; 9 Sep 2005
p. 4159; 24  Aug  2007 p. 4261.]

4.56. Lift and work in lift well, duties of employer etc. as to

(1) If there is a lift at a workplace then a person who, at the
workplace, is an employer, the main contractor, a self-employed

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person, a person having control of the workplace or a person

having control of access to the workplace must ensure that —
(a) the lift is installed, commissioned, maintained, inspected
and tested by a competent person —
(i) in accordance with AS 1735.1 and any other Part
of AS 1735 that is relevant to that kind of lift;
and
(ii) having regard to the instructions of the persons
who designed and manufactured the lift.
[(b) deleted]
(2) Without limiting regulation 3.49, if a person does work in a lift
well at a workplace and there is a risk of the person falling or of
objects falling on the person or a risk to the person from
movement of the lift or a false car then a person who, at the
workplace, is an employer, the main contractor, a self-employed
person, a person having control of the workplace or a person
having control of access to the workplace must ensure that as a
minimum, the following protection is provided for the
first-mentioned person —
(a) a safe working platform or area; and
(b) adequate overhead protection; and
(c) safe access to the safe working platform or area.
(3) Without limiting regulation 3.3, if a person does work involving
the use of a winch in a lift well at a workplace then a person
who, at the workplace, is an employer, the main contractor, a
self-employed person, a person having control of the workplace
or a person having control of access to the workplace must
ensure that the first-mentioned person is provided with an
efficient auditory signalling system allowing communication
between the winch driver and that person.
Penalty applicable to subregulations (1), (2) and (3): the
regulation 1.16 penalty.
[Regulation 4.56 amended in Gazette 8 Mar 2002 p. 996;
14 Dec 2004 p. 6018.]

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4.57. Lift being constructed or installed, duties of employer etc. as

to
(1) The requirements of this regulation in relation to the
construction and installation of lifts are in addition to the
requirements in regulation 4.56 in relation to lifts.
(2) If a lift is being constructed or installed and a person other than
a person involved in the work could have access to the area
where the work is being done then a person who, at the
workplace, is an employer, the main contractor, a self-employed
person, a person having control of the workplace or a person
having control of access to the workplace must ensure that
secure barriers are provided to prevent access to the lift well by
anyone other than persons doing the work.
(3) If —
(a) a lift is being installed; or
(b) work associated with the installation of a lift is being
done in an express lift well,
and a false car, permanent car platform or permanent car is in
use then a person who, at the workplace, is an employer, the
main contractor, a self-employed person, a person having
control of the workplace or a person having control of access to
the workplace must ensure that a false car, permanent car
platform or permanent car is provided in an adjacent lift well so
as to give access to or egress from the express lift well in case
of an emergency.
(4) If a lift is being constructed in a building or structure then a
person who, at the workplace, is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must ensure that an independent power supply is
provided to enable the persons to do the work.
(5) Without limiting regulation 3.49, if a lift is being constructed or
installed in a building or structure and there is a risk of a person

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falling or of objects falling on the person or a risk to the person

from movement of the lift or a false car then a person who, at
the workplace, is an employer, the main contractor, a
self-employed person, a person having control of the workplace
or a person having control of access to the workplace must
ensure that there is a solid or mesh enclosure between the lift
well and any adjacent lift well that has a lift in operation.
(6) If a lift is being constructed or installed at a workplace then a
person who is an employer, the main contractor, a
self-employed person, a person having control of the workplace
or a person having control of access to the workplace must
ensure that —
(a) the safe working provisions and practices set out in
AS/NZS 4431 are followed; and
(b) an independent power supply is provided to enable the
construction or installation to be carried out.
Penalty applicable to subregulations (2), (3), (4), (5) and (6): the
regulation 1.16 penalty.
[Regulation 4.57 amended in Gazette 8 Mar 2002 p. 996- 7;
7  Jun  2002 p. 2737; 14 Dec 2004 p. 6018.]

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Part 5 — Hazardous substances
Division 1 — Preliminary
5.1. Terms used
(1) In this Part, unless the contrary intention appears —
AC classified hazardous substance means a substance that is
determined to be a hazardous substance under regulation 5.3(3);
appointed medical practitioner means a medical practitioner
who is —
(a) adequately trained to conduct health surveillance in
relation to the hazardous substance in question; and
(b) appointed by the employer, a main contractor or a
self-employed person, as the case requires, after
consultation with the person in respect of whom the
health surveillance is to be conducted and after giving
the person a reasonable choice in the selection of the
medical practitioner;
article means an item which —
(a) during production is formed to a specific shape or
design, or with a specific surface; and
(b) is used for a purpose that depends in whole or in part
upon its shape, surface or design; and
(c) undergoes no change in chemical composition or
physical state during use except as an intrinsic aspect of
that use,
but does not include fluid or a particle;
asbestos means the asbestiform variety of any mineral silicate
belonging to the serpentine or amphibole group of rock-forming
minerals and includes the asbestiform variety of the
following —
(a) actinolite;
(b) grunerite or amosite (known as brown asbestos);

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(c) anthophyllite;
(d) chrysotile (known as white asbestos);
(e) crocidolite (known as blue asbestos);
(f) tremolite;
biological monitoring means the measurement and evaluation
of a hazardous substance or its metabolites in a person’s body
tissues, fluids or exhaled air;
chemical name means the scientifically recognised name given
to a compound or substance based on its chemical constitution;
consumer package means a package —
(a) intended by the supplier for retail display and sale; or
(b) containing a number of packages referred to in
paragraph (a);
container means any receptacle with a capacity —
(a) if the receptacle holds a solid — less than 500 kg; or
(b) if the receptacle holds a liquid — less than 500 litres;
emergency services means —
(a) the Police Force of Western Australia; or
(b) a brigade within the meaning of the Fire Brigades
Act 1942; or
(c) any other department, agency or instrumentality of the
Crown that may be required to attend the scene of an
emergency involving a hazardous substance;
exposure standard, in relation to a substance specified in the
National Exposure Standards [NOHSC: 1003 (1995)], means
the exposure standard specified in those Standards for the
substance;
generic name means the name used to describe a category or
group of chemicals;
GHS means the Globally Harmonised System of Classification
and Labelling of Chemicals 3rd Revised Edition (ISBN
978-92-1-117006-1);

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GHS classified hazardous substance means a substance that is

determined to be a hazardous substance under regulation 5.3(4);
hazardous substance means a substance that is —
(a) an AC classified hazardous substance; or
(b) a GHS classified hazardous substance;
Hazardous Substances Information System means the
Hazardous Substances Information System published on the
website maintained by Safe Work Australia;
health surveillance means the monitoring of a person for the
purpose of identifying changes in the person’s health status
resulting from exposure to a hazardous substance;
ingredient means a component of a substance (including an
impurity) whether in a mixture or combined with that substance;
Material Safety Data Sheet or MSDS, in relation to a
substance, means a document written in English which
contains —
(a) if the substance is an AC classified hazardous substance,
the information that is required by the National Code for
the substance; or
(b) if the substance is a GHS classified hazardous substance,
the information that is required by the National Code for
the substance, except that the hazard classification,
hazard statements and precautionary statements set out
in the GHS for the substance are to be used instead of
the hazard classification, risk phrases and safety phrases
required by the National Code,
whether or not the document is in the form required by the
National Code;
monitoring means the regular survey of all measures which are
used to control hazardous substances at a workplace and
includes the monitoring of the atmosphere at the workplace to
derive a quantitative estimate of the levels of hazardous
substances in the air, but does not include biological
monitoring;

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National Code means the National Code of Practice for the

Preparation of Material Safety Data Sheets [NOHSC: 2011
(2003)];
purchaser, in relation to a substance, means a person who
acquires the substance for valuable consideration;
record means any form in which information can be stored,
whether on a permanent basis or in a form from which
information can be reproduced;
retailer, in relation to a substance, means a person who sells the
substance to members of the public who themselves are not
engaged in any further resale of the substance;
risk phrase, in relation to a hazardous substance, means —
(a) if the substance is an AC classified hazardous substance,
a risk phrase that applies to the substance under the
Approved Criteria for Classifying Hazardous
Substances [3rd Edition; NOHSC: 1008 (2004)]; or
(b) if the substance is a GHS classified hazardous substance,
a hazard statement that applies to the substance under
the GHS;
safety phrase, in relation to a hazardous substance, means —
(a) if the substance is an AC classified hazardous substance,
a safety phrase that applies to the substance under the
Approved Criteria for Classifying Hazardous
Substances [3rd Edition; NOHSC: 1008 (2004)]; or
(b) if the substance is a GHS classified hazardous substance,
a precautionary statement that applies to the substance
under the GHS;
Safe Work Australia means Safe Work Australia established
under the Safe Work Australia Act 2008 (Commonwealth);
substance means any natural or artificial entity, composite
material, mixture or formulation, other than an article;
supplier, in relation to a hazardous substance, includes —
(a) a wholesaler, distributor, warehouse operator or other
person who supplies the substance; and

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(b) a person who manufactures or imports the substance,

but does not include a retailer;
type I ingredient means an ingredient described as a type I
ingredient in Schedule 5.1;
type II ingredient means an ingredient described as a type II
ingredient in Schedule 5.1;
type III ingredient means an ingredient described as a type III
ingredient in Schedule 5.1;
use, in relation to a hazardous substance, or an article
containing a Schedule 5.6 substance, includes the production,
handling, storage, transport or disposal of the substance or
article but does not include —
(a) the holding of a substance or article in transit for less
than 2 working days; or
(b) transportation of a substance or article in compliance
with the ADG Code, the International Maritime
Dangerous Goods Code, the Technical Instructions for
the Safe Transport of Dangerous Goods by Air or a law
of the Commonwealth regulating the transportation of
the substance or article;
warehouse operator means a person who operates a warehouse
where unopened packaged goods intended for supply to a
retailer are held on the premises.
(2) In subregulation (1) a reference to —
(a) the ADG Code is a reference to —
(i) before 1 January 2010 — the Australian Code
for the Transport of Dangerous Goods by Road
and Rail, Sixth Edition, 1998, published by the
Australian Government Publishing Service,
Canberra (ISBN 0 642 25554 7 and
0 642 25560 1); and

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(ii) on and after 1 January 2010 — the Australian

Code for the Transport of Dangerous Goods by
Road and Rail, Seventh Edition, 2007, published
by the Australian Government Publishing
Service, Canberra (ISBN 1 921168 57 9);
and
(b) the International Maritime Dangerous Goods Code is a
reference to the code prepared by the
Inter-Governmental Consultative Organisation,
published by the Australian Government Publishing
Service, Canberra, 1979, Catalogue Code 7992010; and
(c) the Technical Instructions for the Safe Transport of
Dangerous Goods by Air is a reference to the
instructions prepared by the International Civil Aviation
Organisation (ICAO).
[Regulation 5.1 amended in Gazette 17 Dec 1999 p. 6234;
30  Dec 2003 p. 5737-8; 7 Jan 2005 p. 77; 27  Apr 2007
p.  1776; 3 Jul 2007 p. 3293; 5 Jun 2009 p. 1879-80;
10  Dec 2010 p. 6277-9; 9 Sep 2011 p. 3687.]

5.2. Application of this Part

This Part does not apply in relation to —
(a) a radioactive substance; or
(b) a substance used in or in connection with the prevention,
diagnosis, curing or alleviation of a disease, ailment,
defect or injury in human beings or animals while it is
being administered to a human being or an animal; or
(c) a substance that may be hazardous only by reason of its
containing any disease causing organism.
[Regulation 5.2 amended in Gazette 17 Dec 1999 p. 6235.]

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Division 2 — Hazardous substances generally

5.3. Whether substance is hazardous substance, manufacturer

etc. to determine
(1) A person who intends to manufacture or import a substance for
use at a workplace must, before doing so, determine if the
substance is a hazardous substance.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
(2) A person may use either the AC classification system or the
GHS classification system to determine if a substance is a
hazardous substance.
(3) A person who uses the AC classification system must  —
(a) determine if the substance is entered as a hazardous
substance in the Hazardous Substances Information
System; and
(b) if the substance is not entered in the Hazardous
Substances Information System, determine in
accordance with the Approved Criteria for Classifying
Hazardous Substances [3rd Edition: NOHSC:
1008(2004)] whether the substance is a hazardous
substance.
(4) A person who uses the GHS classification system must
determine if the substance is a hazardous substance in
accordance with the criteria set out in the GHS.
[Regulation 5.3 inserted in Gazette 10 Dec 2010 p. 6279.]

5.4. Certain unlisted hazardous substances, manufacturer etc. to

notify Commissioner of
A person who intends to manufacture or import an AC
classified hazardous substance that is not listed as a hazardous

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substance in the Hazardous Substances Information System

must notify the Commissioner before manufacturing or
importing the substance.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[Regulation 5.4 inserted in Gazette 10 Dec 2010 p. 6279-80.]
5.5. MSDS, duties of manufacturer and importer as to
(1) A person who manufactures or imports a hazardous substance
for use at a workplace must —
(a) prepare an MSDS for the hazardous substance; and
(b) ensure that the MSDS is available before the hazardous
substance is supplied to the workplace; and
(c) review and revise the MSDS as often as is reasonably
necessary to keep it up to date and, in any event, at least
every 5 years.
(2) A person who manufactures or imports a hazardous substance
for use at a workplace must disclose in the MSDS for the
hazardous substance —
(a) the chemical name of any type I ingredient of the
hazardous substance; and
(b) the chemical name of any type II ingredient of the
hazardous substance or, if the identity of a type II
ingredient of the hazardous substance is commercially
confidential, the generic name of the ingredient; and
(c) subject to subregulation (3), either the chemical name or
a generic name of any type III ingredient of the
hazardous substance.
(3) If the disclosure of a generic name of a type III ingredient does
not, in the opinion of the person who manufactured or imported
the hazardous substance, provide sufficient commercial
protection and the type III ingredient —

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(a) is not itself a hazardous substance; and

(b) does not have known synergistic effects with other
ingredients in the hazardous substance,
then the phrase “Other ingredients determined not to be
hazardous” may be used instead of the chemical name or
generic name.
Penalty applicable to subregulations (1) and (2) for a person
who commits the offence as an employee: the
regulation 1.15 penalty.
Penalty applicable to subregulations (1) and (2) in any other
case: the regulation 1.16 penalty.
[Regulation 5.5 amended in Gazette 17 Dec 1999 p. 6235;
14 Dec 2004 p. 6017.]

5.6. Labelling hazardous substance, supplier’s duties as to

(1) A supplier of an AC classified hazardous substance for use in a
workplace must ensure that —
(a) any container in which the hazardous substance is
supplied is labelled in accordance with the relevant
requirements of the National Code of Practice for the
Labelling of Workplace Substances [NOHSC:
2012 (1994)]; and
(b) the chemical name of any type I ingredient of the
hazardous substance is disclosed on a label for the
hazardous substance; and
(c) the chemical name of any type II ingredient of the
hazardous substance or, if the identity of a type II
ingredient of the hazardous substance is commercially
confidential, the generic name of that ingredient, is
disclosed on a label for the hazardous substance.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.

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(2) A supplier of a GHS classified hazardous substance for use in a

workplace must ensure that any container in which the
substance is supplied —
(a) is labelled in English in accordance with the relevant
requirements set out in the GHS; and
(b) has affixed to it a label setting out —
(i) the name of the supplier; and
(ii) an Australian address and telephone number for
the supplier; and
(iii) an emergency Australian telephone number for
the supplier.
Penalty for a person who commits an offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[Regulation 5.6 amended in Gazette 14 Dec 2004 p. 6017;
10 Dec 2010 p. 6280.]

5.7. Generic name for type II ingredient, manufacturer etc. to

notify Commissioner of use of
(1) If a generic name is used or to be used to identify a type II
ingredient of a hazardous substance under regulation 5.5(2)(b)
or 5.6(1)(c), the person who manufactured or imported the
hazardous substance must notify the Commissioner in the form
of Appendix 4 to the National Code of Practice for the
Preparation of Material Safety Data Sheets [NOHSC: 2011
(2003)].
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[(2) deleted]
[Regulation 5.7 amended in Gazette 14 Dec 2004 p. 6017;
27  Apr 2007 p. 1776-7; 10 Dec 2010 p. 6280.]

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5.8. Information about hazardous substance, supplier’s duties to

provide
(1) A supplier of a hazardous substance for use at a workplace must
ensure that a current MSDS for the hazardous substance is
provided —
(a) to a person (whether or not a retailer) who purchases the
hazardous substance from the supplier on the first
occasion of the person obtaining the hazardous
substance from the supplier; and
(b) to a person (whether or not a retailer) —
(i) who purchases the hazardous substance from the
supplier on a subsequent occasion; or
(ii) who is a potential purchaser of the hazardous
substance and intends to purchase the hazardous
substance from the supplier,
at the request of that person; and
(c) to a person —
(i) who purchases the hazardous substance from a
person who obtained the hazardous substance
from the supplier; or
(ii) who is a potential purchaser of the hazardous
substance and intends to purchase the hazardous
substance from a person who has obtained, or
will obtain, the hazardous substance from the
supplier,
at the request of that person.
(2) A person who is a supplier does not commit an offence under
subregulation (1)(a) if the person does not provide an MSDS for
a hazardous substance to another supplier or to a retailer and —
(a) the hazardous substance is in a consumer package which
holds less than 30 kg or 30 litres; and

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(b) proof of which is on the person, the package is not

intended to be opened on either the premises of the
person, the other supplier or the retailer, as the case
requires.
(3) Despite subregulations (1) and (2), a supplier of a hazardous
substance for use in a workplace must, at the request of a person
who has obtained, either directly or indirectly, the hazardous
substance from the supplier, provide the person as soon as is
practicable with —
(a) a copy of any summary report in the possession of the
supplier that has been prepared under the Industrial
Chemicals (Notification and Assessment) Act 1989 of
the Commonwealth in relation to the hazardous
substance; and
(b) any other information (in addition to an MSDS) in the
possession of the supplier in relation to the hazardous
substance which may, in the opinion of the supplier,
assist in the safe use of the hazardous substance.
Penalty applicable to subregulations (1) and (3) for a person
who commits the offence as an employee: the
regulation 1.15 penalty.
Penalty applicable to subregulations (1) and (3) in any other
case: the regulation 1.16 penalty.
[Regulation 5.8 amended in Gazette 14 Dec 2004 p. 6017.]
5.9. Medical emergency, manufacturer etc. to give certain
information to doctor in case of
Despite regulation 5.5(2)(b) and (c) and regulation 5.6(1)(c), a
person to whom any of those regulations applies must disclose
to a medical practitioner the chemical name of a type II or
type III ingredient if the medical practitioner —
(a) determines that a medical emergency exists and requests
the information for the purposes of providing proper
emergency or first aid treatment; and

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(b) gives a written undertaking that the information will

only be used for the purposes of providing proper
emergency or first aid treatment.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[Regulation 5.9 amended in Gazette 14 Dec 2004 p. 6017;
10 Dec 2010 p. 6280.]

5.10. Supplier to give employer etc. certain information to enable

protection of person exposed at workplace to hazardous
substance
(1) If there is a hazardous substance at a workplace then for the
purposes of protecting the safety and health of a person who
might be exposed to the hazardous substance at the
workplace —
(a) a person who works at the workplace or employs a
person who works at the workplace; or
(b) any emergency services personnel,
may request the supplier of the hazardous substance to disclose
the chemical name of any ingredient of the hazardous substance.
(2) A request under subregulation (1) is to —
(a) be in writing; and
(b) provide details of the purposes for which the
information is required; and
(c) include a written undertaking that the information will
not be used except for the purposes set out in the written
request.
(3) A person who receives a request under subregulation (1) that
complies with subregulation (2) must respond in writing within
30 days of receiving the request and must either —

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(a) disclose the chemical name of the ingredient as

requested; or
(b) refuse the request giving —
(i) specific reasons for the refusal; and
(ii) such alternative information as can be given to
satisfy the purposes set out in the request without
disclosing the chemical name of the ingredient.
Penalty applicable to subregulation (3) for a person who
commits the offence as an employee: the regulation 1.15
penalty.
Penalty applicable to subregulation (3) in any other case: the
regulation 1.16 penalty.
[Regulation 5.10 amended in Gazette 14 Dec 2004 p. 6017.]

5.11. Employer etc. to obtain MSDS for hazardous substance etc.

(1) If a hazardous substance is to be used at a workplace then a
person who, at the workplace, is an employer, the main
contractor or a self-employed person must —
(a) before, or upon, the first occasion on which the
hazardous substance is supplied to the workplace —
(i) obtain from the supplier of the hazardous
substance an MSDS for the hazardous substance;
and
(ii) consult with all persons who might be exposed to
the hazardous substance at the workplace about
the intention to use the hazardous substance at
the workplace and the safest method of using the
hazardous substance;
and
(b) ensure that the MSDS for the hazardous substance is
readily available to any person who might be exposed to
the hazardous substance at the workplace; and

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(c) ensure that no alteration is made to an MSDS except

where —
(i) the person who is the employer, the main
contractor or the self-employed person, as the
case requires, is also the person who imported
the hazardous substance; and
(ii) an overseas document described as a material
safety data sheet requires alteration in order to
conform with the definition of MSDS in these
regulations.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
(2) A person to whom subregulation (1) applies and who is also a
retailer or a warehouse operator does not commit an offence
under that subregulation —
(a) if the hazardous substance is in a consumer package
which holds less than 30 kg or 30 litres; and
(b) if, proof of which is on the person, the package is not
intended to be opened on the premises of the person.
[Regulation 5.11 amended in Gazette 14 Dec 2004 p. 6017;
27  Apr 2007 p. 1777.]

5.12. Labelling hazardous substance, duties of employer etc. as to

(1) If a hazardous substance is used at a workplace then a person
who, at the workplace, is an employer, the main contractor or a
self-employed person must ensure —
(a) if the substance is an AC classified hazardous substance,
that any container in which the substance is held in the
workplace is labelled in accordance with the relevant
requirements of the National Code of Practice for
Labelling of Workplace Substances [NOHSC: 2012
(1994)]; and

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(ba) if the substance is a GHS classified hazardous substance,

is labelled in English in accordance with the relevant
requirements set out in the GHS and has affixed to it a
label setting out —
(i) the name of the supplier; and
(ii) an Australian address and telephone number for
the supplier; and
(iii) an emergency Australian telephone number for
the supplier;
and
(b) if the hazardous substance is contained in an enclosed
system such as a pipe or piping system or a process or
reactor vessel, that the presence of the hazardous
substance is made known to any person who might be
exposed to the hazardous substance at the workplace;
and
(c) that a correct label or colour code of the hazardous
substance or an enclosed system referred to in
paragraph (b) is not removed, defaced, modified or
altered, unless the container has been cleaned to the
extent that it no longer contains the hazardous substance.
(2) If a hazardous substance is decanted at a workplace from its
original container to another container and all of the hazardous
substance is consumed immediately then a person does not
commit an offence under subregulation (1) even though the
container into which the hazardous substance is decanted is not
labelled in accordance with that subregulation.
(3) If a hazardous substance is decanted at a workplace from its
original container to another container and not all of the
hazardous substance is consumed immediately then a person
who, at the workplace, is an employer, the main contractor or a
self-employed person must ensure that the container into which
the hazardous substance has been decanted is labelled with —
(a) the brand name, trade name, code name or code number
specified by the supplier of the hazardous substance; and

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(b) the risk phrases and safety phrases that apply to the
hazardous substance.
Penalty applicable to subregulations (1) and (3): the
regulation 1.16 penalty.
[Regulation 5.12 amended in Gazette 14 Dec 2004 p. 6018;
10  Dec 2010 p. 6281.]

5.13. Register of hazardous substances, duties of employer etc. as

to
(1) A person who, at a workplace, is an employer, a main contractor
or a self-employed person must —
(a) establish and keep current a register of each hazardous
substance used in the workplace; and
(b) ensure that the register contains (as a minimum) a list of
each hazardous substance used from time to time at the
workplace and the MSDS for each hazardous substance;
and
(c) ensure that the register is readily available to all persons
who are or who might be exposed to a hazardous
substance at the workplace, including emergency
services personnel.
Penalty: the regulation 1.16 penalty.
(2) A person to whom subregulation (1) applies and who is also a
retailer or a warehouse operator does not commit an offence
under that subregulation —
(a) if the hazardous substance is in a consumer package
which holds less than 30 kg or 30 litres; and
(b) if, proof of which is on the person, the package is not
intended to be opened on the premises of the person.
[Regulation 5.13 amended in Gazette 14 Dec 2004 p. 6018.]

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5.14. Certain uses of certain hazardous substances prohibited

A person who, at a workplace, is an employer, a main contractor
or a self-employed person must ensure that a hazardous
substance of a kind set out in column 1 of Schedule 5.2 is not
used or handled at the workplace in the manner set out opposite
that hazardous substance in column 2 of that Schedule.
Penalty: the regulation 1.16 penalty.
[Regulation 5.14 amended in Gazette 14 Dec 2004 p. 6018.]

5.15. Risk from exposure to hazardous substance, duties of

employer to assess etc.
(1) Without limiting regulation 3.1, a person who, at a workplace is
an employer, the main contractor or a self-employed person
must assess the risk of injury or harm occurring to a person as a
result of the person being exposed to a hazardous substance at
the workplace.
(2) A person who, at a workplace is an employer, the main
contractor or a self-employed person must ensure, as far as is
practicable, that an assessment referred to in
subregulation (1) —
(a) includes the identification of each hazardous substance
used at the workplace; and
(b) includes —
(i) a review of the MSDS for each hazardous
substance used at the workplace; or
(ii) where a hazardous substance is included in a
consumer package, a review of each label on the
package;
and
(c) includes the identification of any likelihood of injury or
harm occurring as a result of exposure to each hazardous
substance used at the workplace.

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(3) If a person is required under subregulation (1) to conduct an

assessment in relation to a hazardous substance at one
workplace then the person may, for the purposes of the
assessment, have regard to an assessment of representative work
with the hazardous substance at another workplace or other
workplaces.
(4) A person who is required under subregulation (1) to conduct an
assessment in relation to a hazardous substance at a workplace
must ensure that whatever the outcome of the assessment, a
record is made in the register referred to in regulation 5.13 to
indicate that the assessment has been done.
Penalty applicable to subregulations (1), (2) and (4): the
regulation 1.16 penalty.
[Regulation 5.15 amended in Gazette 14 Dec 2004 p. 6018.]

5.16. Report of r. 5.15 assessment, when required etc.

If an assessment conducted under regulation 5.15 identifies a
significant risk of injury or harm occurring as a result of
exposure to a hazardous substance at a workplace then the
person who was required under that regulation to conduct the
assessment must ensure, as far as is practicable that —
(a) a report is prepared on the assessment; and
(b) the action to be taken in order to achieve compliance
with this Part in relation to the hazardous substance is
set out in the report.
Penalty: the regulation 1.16 penalty.
[Regulation 5.16 amended in Gazette 14 Dec 2004 p. 6018.]

5.17. Further assessment to r. 5.15 assessment, when required

A person required under regulation 5.15 to conduct an
assessment in relation to a hazardous substance at a workplace
must ensure that a further assessment is made —

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(a) if it appears that there is an increase in the risk of injury

or harm occurring as a result of exposure to any
hazardous substance at the workplace; and
(b) when 5 years have elapsed since the last assessment
referred to in regulation 5.15 was done.
Penalty: the regulation 1.16 penalty.
[Regulation 5.17 amended in Gazette 14 Dec 2004 p. 6018.]

5.18. Assessment report to be accessible at workplace

A person who is required under regulation 5.15 or 5.17 to
conduct an assessment in relation to a hazardous substance must
ensure that each assessment report (if any) prepared on behalf of
that person in relation to the hazardous substance is accessible
at all reasonable times to any person who might be exposed to
the hazardous substance at the workplace.
Penalty: the regulation 1.16 penalty.
[Regulation 5.18 amended in Gazette 14 Dec 2004 p. 6018.]

5.19. Exposure standard, employer etc. to ensure not exceeded

A person who, at a workplace, is an employer, the main
contractor or a self-employed person must ensure that no person
is exposed at the workplace to a hazardous substance in excess
of the exposure standard for the hazardous substance.
Penalty: the regulation 1.16 penalty.
[Regulation 5.19 amended in Gazette 14 Dec 2004 p. 6018.]

5.20. Risk from exposure to hazardous substance, duties of

employer etc. to reduce
(1) A person who, at a workplace, is an employer, the main
contractor or a self-employed person must, as far as practicable,
reduce any risk to a person arising from exposure to a hazardous
substance at the workplace —

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(a) by means of preventing exposure to the hazardous

substance; and
(b) to the extent that it is not practicable to prevent exposure
to the hazardous substance, by means other than the
provision of personal protective clothing or equipment;
and
(c) to the extent that it is not practicable to reduce the risk
by the means referred to in paragraph (a) or (b), by
requiring the person who may be exposed to the
hazardous substance to use personal protective clothing
or equipment (in addition to the means referred to in
paragraph (b) where practicable).
(2) A person who, at a workplace is an employer, the main
contractor or a self-employed person must ensure that the means
referred to in subregulation (1) are effectively maintained.
Penalty applicable to subregulations (1) and (2): the
regulation 1.16 penalty.
[Regulation 5.20 amended in Gazette 14 Dec 2004 p. 6018.]

5.21. Employers etc. to provide information and training

(1) A person who, at a workplace, is an employer, the main
contractor or a self-employed person must ensure that each
person who is likely to be exposed to a hazardous substance at
the workplace receives, before commencing the work, relevant
and adequate information about and training on —
(a) the potential health risk and any toxic effects associated
with the hazardous substance; and
(b) the control measures used to minimise the risk to safety
and health; and
(c) the correct use of methods used to minimise adverse
effects of exposure to the hazardous substance; and
(d) without limiting regulation 3.34, the correct care and use
of personal protective clothing and equipment; and

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(e) the need for, and details of, health surveillance.

(2) A person who, at a workplace, is an employer, the main
contractor or a self-employed person must ensure that records
are kept of all induction and training undertaken by a person for
the purposes of subregulation (1).
Penalty applicable to subregulations (1) and (2): the
regulation 1.16 penalty.
[Regulation 5.21 amended in Gazette 14 Dec 2004 p. 6018.]

5.22. Monitoring of risk from exposure to hazardous substance,

when required etc.
If an assessment under regulation 5.15 indicates that monitoring
should be done at the workplace then a person who, at the
workplace, is an employer, the main contractor or a
self-employed person must ensure that —
(a) appropriate monitoring is done; and
(b) a record is kept of the results of monitoring; and
(c) each person who is likely to be exposed to a hazardous
substance at the workplace is given the results of the
monitoring of the hazardous substance as soon as the
results are available; and
(d) the results of monitoring are accessible to all persons
referred to in paragraph (c) at all reasonable times.
Penalty: the regulation 1.16 penalty.
[Regulation 5.22 amended in Gazette 14 Dec 2004 p. 6018.]

5.23. Health surveillance, duties of employer etc. as to

(1) If the health of a person is at risk as a result of the person’s
exposure at a workplace to a hazardous substance set out in
column 1 of Schedule 5.3 then a person who, at the workplace,
is an employer, the main contractor or a self-employed person
must ensure that health surveillance of the type set out opposite
the substance in column 2 of that Schedule is provided for, and

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at no cost to, the first-mentioned person and is supervised by an

appointed medical practitioner.
(2) A person who, at a workplace, is an employer, the main
contractor or a self-employed person must ensure that health
surveillance supervised by an appointed medical practitioner is
provided for, and at no cost to, each person who has been
identified in an assessment under regulation 5.15 as being —
(a) exposed, or likely to have been exposed, to a hazardous
substance in circumstances where —
(i) he or she is at risk of suffering an identifiable
disease or effect on health as a result of the
exposure; and
(ii) there is a reasonable likelihood that such a
disease or effect on health might occur under the
particular conditions of work; and
(iii) there is a scientifically recognised technique
which can be used for detecting indications of
the disease or the effect on health;
or
(b) exposed, or likely to have been exposed, to a hazardous
substance in excess of the exposure standard for that
hazardous substance.
(3) A person who, at a workplace, is an employer, the main
contractor or a self-employed person must ensure that health
surveillance under subregulation (2) includes biological
monitoring if there is a suitable biological monitoring procedure
available in relation to the relevant hazardous substance.
(4) A person who, at a workplace, is an employer, the main
contractor or a self-employed person must ensure that results of
any health surveillance under subregulation (1), (2) or (3) are
treated as confidential records.
Penalty applicable to subregulations (1), (2), (3) and (4): the
regulation 1.16 penalty.

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[Regulation 5.23 amended in Gazette 14 Dec 2004 p. 6018.]

5.24. Appointed medical practitioner providing health
surveillance, duties of
(1) An appointed medical practitioner who provides health
surveillance in relation to a person must ensure, as soon as
practicable after the health surveillance is completed, or if the
health surveillance comprises a series of tests and examinations
(ongoing surveillance), as soon as practicable after the results
become available, that —
(a) the results of the health surveillance or ongoing
surveillance are recorded; and
(b) the person is notified of the results of the health
surveillance or ongoing surveillance and given any
necessary explanation of those results; and
(c) the Commissioner is notified if the health surveillance or
ongoing surveillance yields results which are consistent
with exposure to a hazardous substance; and
(d) the person who was required to arrange the health
surveillance is advised —
(i) of the outcome of the health surveillance or
ongoing surveillance; and
(ii) on any need for remedial action; and
(iii) of any notification made under paragraph (c) to
the Commissioner.
(2) An appointed medical practitioner —
(a) must ensure that the results of any health surveillance
are treated as confidential records; and
(b) must not provide to any other person the results of any
health surveillance that identify the person to whom they
apply without first obtaining the informed and written
consent of that person.

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(3) Subregulation (2)(b) does not apply to the provision of the

results to —
(a) the Commissioner under subregulation (1)(c); or
(b) a person who, as part of the requirements of the person’s
profession, is bound to treat the results as confidential
records.
(4) An appointed medical practitioner must ensure that results of
health surveillance are clearly identified as being for the
purposes of these regulations and not for any other purpose.
(5) Subject to subregulation (6), an appointed medical practitioner
must ensure that the medical records of health surveillance
prepared by the medical practitioner for the purposes of these
regulations are kept for at least 30 years from the completion of
the surveillance.
(6) If a medical practitioner to whom subregulation (5) applies
ceases to practise in this State, the medical practitioner must
give the records to the Commissioner.
Penalty applicable to subregulations (1), (2), (4), (5) and (6):
(a) for a first offence, $10 000; and
(b) for a subsequent offence, $12 500.
[Regulation 5.24 amended in Gazette 14 Dec 2004 p. 6015.]

5.25. Appointed medical practitioner advising remedial action,

duties of employer etc. in case of
If a person who, at a workplace, is an employer, a main
contractor or a self-employed person is advised by an appointed
medical practitioner of the need for remedial action in relation
to the exposure of a person to a hazardous substance at the
workplace, the first-mentioned person must, as soon as is
practicable, undertake a further assessment of the other person’s
exposure to the hazardous substance and implement any
necessary prevention or control measures.
Penalty: the regulation 1.16 penalty.

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[Regulation 5.25 amended in Gazette 14 Dec 2004 p. 6018.]

5.26. Record keeping, duties of employer etc. as to

(1) Subject to subregulation (3), a person who, at a workplace, is an
employer, a main contractor or a self-employed person must
ensure that the following records and reports are kept for at least
30 years from the completion, or last entry, of the record or
report —
(a) each assessment report prepared under regulation 5.16
which gives rise to monitoring or health surveillance;
(b) the results of all monitoring recorded under
regulation 5.22;
(c) each report of health surveillance received under
regulation 5.24(1)(d).
(2) Subject to subregulation (3), a person who, at a workplace, is an
employer, a main contractor or a self-employed person must
ensure that the following records and reports are kept for at least
5 years from the completion, or last entry, of the record or
report —
(a) each register established under regulation 5.13;
(b) each assessment report prepared under regulation 5.16
which does not give rise to monitoring or health
surveillance;
(c) each record of induction and training kept under
regulation 5.21(2).
(3) If a person to whom subregulation (1) or (2) applies —
(a) ceases to operate in the State; or
(b) satisfies the Commissioner that keeping, or the
maintaining of, a record or report is impractical or
inappropriate; or
(c) is requested to do so by the Commissioner,
then the person must give the records to the Commissioner.

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Penalty applicable to subregulations (1), (2) and (3): the

regulation 1.16 penalty.
[Regulation 5.26 amended in Gazette 14 Dec 2004 p. 6018.]

5.27. Commissioner to keep records given under r. 5.24 and 5.26

If the Commissioner is given a record under regulation 5.24(6)
or 5.26(3) then the Commissioner is to ensure that the record is
kept for at least 30 years from the completion of the
surveillance.

Division 3 — Certain carcinogenic substances

5.28. Terms used
In this Division, unless the contrary intention appears —
bona fide research means —
(a) a systematic investigative or experimental activity
conducted for the purpose of —
(i) acquiring new knowledge whether or not that
knowledge will have a specific practical
application; or
(ii) creating new materials, products, devices,
processes or services or improving those things;
and
(b) the display in a museum or educational display of any
article consisting of or containing a Schedule 5.6
substance and work necessary to prepare and maintain
the display;
carcinogenic substance means a substance that is a
Schedule 5.4 substance, a Schedule 5.5 substance or a
Schedule 5.6 substance;
Schedule 5.4 substance means a substance set out in
Schedule 5.4;

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Schedule 5.5 substance means a substance set out in

Schedule 5.5;
Schedule 5.6 substance means a substance set out in
Schedule 5.6.
[Regulation 5.28 amended in Gazette 30 Dec 2003 p. 5738.]

5.29. Concentration of substances for Division 3 to apply

(1) A reference in this Division to the use of a carcinogenic
substance is a reference to the use of the substance or its salts —
(a) as a pure substance; or
(b) in a mixture containing 0.1% or more of that substance
determined as a weight/weight (w/w) concentration for
solids or liquids, or a volume/volume (v/v)
concentration for gases.
(2) A reference in this Division to the use of an article containing a
Schedule 5.6 substance is a reference to the use of an article
consisting of or containing a Schedule 5.6 substance —
(a) as a pure substance; or
(b) in a mixture containing 0.1% or more of that substance
determined as a weight/weight (w/w) concentration.
[Regulation 5.29 inserted in Gazette 30 Dec 2003 p. 5738- 9.]

5.30. Proposed use of carcinogenic substance at workplace,

employer etc. to notify Commissioner of
(1) A person who, at a workplace, is an employer or a
self-employed person and who intends to use a Schedule 5.5
substance at the workplace must, before using the substance,
notify the Commissioner of that intention and give the following
information to the Commissioner —
(a) the name of the employer or self-employed person and
of the main contractor, if any, at the workplace;
(b) the business address of the employer or self-employed
person;

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(c) the name of the substance;

(d) the name and address of the supplier or proposed
supplier of the substance;
(e) the address of the workplace at which the substance is
intended to be used;
(f) details of, and reasons for, the intended use or activity or
process involving the substance;
(g) the quantity of the substance and of any carcinogenic
substance intended to be used on a yearly basis at the
workplace;
(h) the name and business address of the person who is to
conduct any assessment;
(i) sufficient information to show that it is not practicable to
not use, or to substitute, the substance;
(j) the number of persons likely to be exposed to the
substance at the workplace;
(k) a description of the safety measures taken to prevent or
reduce the exposure of any person to the substance and
to protect the health of persons generally;
(l) sufficient information to show that the safety measures
and controls in place are the most practicable in the
circumstances.
(2) A person who, at a workplace, is an employer or a
self-employed person and who intends to use a Schedule 5.4
substance, a Schedule 5.6 substance or an article consisting of
or containing a Schedule 5.6 substance for analysis or bona fide
research at the workplace must, before using the substance or
article, notify the Commissioner of that intention and give to the
Commissioner —
(a) with any necessary changes being made, the information
referred to in subregulation (1) paragraphs (a) to (l)
inclusive; and
(b) a statement that the substance or article will only be
used for analysis or bona fide research.

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Penalty applicable to subregulations (1) and (2): the

regulation 1.16 penalty.
[Regulation 5.30 amended in Gazette 30 Dec 2003 p. 5739;
14 Dec 2004 p. 6018.]

5.31. Sch. 5.4 and 5.6 substances not to be used at workplace

without Commissioner’s approval
(1) Subject to subregulation (2) a person who, at a workplace, is an
employer or a self-employed person must ensure that a
Schedule 5.4 substance or a Schedule 5.6 substance is not used
at the workplace, other than to remove and dispose of the
substance, unless —
(a) the Commissioner has given approval to use the
substance at the workplace; and
(b) the substance is used only in analysis or bona fide
research; and
(c) the use is in accordance with any condition imposed by
the Commissioner.
Penalty: the regulation 1.16 penalty.
(2) A person does not commit an offence under subregulation (1) if
the substance is a Schedule 5.6 substance that is in its natural
state and has not been moved from its natural location.
[Regulation 5.31 inserted in Gazette 30 Dec 2003 p. 5739-40;
amended in Gazette 14 Dec 2004 p. 6018; 28 Nov 2008
p. 5031.]

5.32. Sch. 5.5 substance not to be used at workplace without

Commissioner’s approval
A person who, at a workplace, is an employer or a
self-employed person must ensure that a Schedule 5.5 substance
is not used at the workplace unless —
(a) the Commissioner has given approval to use the
substance at the workplace; and

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(b) the substance is used only for a purpose that has been
approved by the Commissioner; and
(c) if the Commissioner has imposed any condition on the
use of the substance at the workplace, the use is in
accordance with each condition.
Penalty: the regulation 1.16 penalty.
[Regulation 5.32 amended in Gazette 14 Dec 2004 p. 6018.]

5.32A. Article containing Sch. 5.6 substance not to be used at

workplace without Commissioner’s approval
(1) Subject to subregulations (2) to (8), a person who, at a
workplace, is an employer, the main contractor or a
self-employed person must ensure that an article consisting of or
containing a Schedule 5.6 substance is not used at the
workplace, other than to remove and dispose of the article,
unless —
(a) the Commissioner has given approval to use the article
at the workplace; and
(b) the article is used only in analysis or bona fide research;
and
(c) the use is in accordance with any condition imposed by
the Commissioner.
Penalty: the regulation 1.16 penalty.
(2) A person does not commit an offence under subregulation (1) in
relation to the use with saturated steam, superheated steam or
dangerous goods (as defined in the Dangerous Goods Safety
Act 2004 section 3(1)), of a compressed asbestos fibre gasket
consisting of or containing chrysotile (white asbestos) —
(a) before 1 January 2005, if the Commissioner has given
written approval to use the gasket at the workplace;
(b) on and after 1 January 2005, if the location of the gasket
in the workplace and its use are the same as they were
immediately before 1 January 2005.

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(3) A person does not commit an offence under subregulation (1) in

relation to the use in a plant in liquid chlorine service with
design process conditions of minus 45°C under 1500 kPa
pressure, of a compressed asbestos fibre gasket consisting of or
containing chrysotile (white asbestos) —
(a) before 1 January 2007, if the Commissioner has given
written approval to use the gasket at the workplace;
(b) on and after 1 January 2007, if the location of the gasket
in the workplace and its use are the same as they were
immediately before 1 January 2007.
(4) A person does not commit an offence under subregulation (1) in
relation to the use in an electrolyte cell in an electrolysis plant
for chlor-alkali manufacture that existed on 1 January 2004, of a
diaphragm consisting of or containing chrysotile (white
asbestos) —
(a) before 1 January 2007, if the Commissioner has given
written approval to use the diaphragm at the workplace;
(b) on and after 1 January 2007, if the location of the
diaphragm in the workplace and its use are the same as
they were immediately before 1 January 2007.
(5) A person does not commit an offence under subregulation (1) in
relation to the use in a rotary vacuum pump or a rotary
compressor, of a vane consisting of or containing chrysotile
(white asbestos) mixed with a phenol formaldehyde resin or a
cresylic formaldehyde resin —
(a) before 1 January 2008, if the Commissioner has given
written approval to use the vane at the workplace;
(b) on and after 1 January 2008, if the location of the vane
in the workplace and its use are the same as they were
immediately before 1 January 2008.
(6) A person does not commit an offence under subregulation (1) in
relation to the use of a split face seal of at least 150 mm in
diameter used to prevent leakage of water from a cooling water
pump in a fossil fuel powered electricity generating station, and

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consisting of or containing chrysotile (white asbestos) mixed

with a phenol formaldehyde resin or a cresylic formaldehyde
resin —
(a) before 1 January 2008, if the Commissioner has given
written approval to use the seal at the workplace;
(b) on and after 1 January 2008, if the location of the seal in
the workplace and its use are the same as they were
immediately before 1 January 2008.
(7) A person does not commit an offence under subregulation (1) in
relation to the use of an article consisting of or containing
chrysotile (white asbestos) that is the subject of an exemption
under Schedule 1B of the Occupational Health and Safety
(Safety Standards) Regulations 1994 4 of the Commonwealth —
(a) before 1 January 2011, if the Commissioner has given
written approval to use the article at the workplace;
(b) on and after 1 January 2011, if the location of the article
in the workplace and its use are the same as they were
immediately before 1 January 2011.
(8) A person does not commit an offence under subregulation (1) in
relation to the use of an article as part of a thing if the location
of the article in the thing and its use are the same as they were
immediately before 1 January 2004.
[Regulation 5.32A inserted in Gazette 30 Dec 2003 p. 5740-2;
amended in Gazette 14 Dec 2004 p. 6018; 4 Jan 2008 p. 16;
5 Jun 2009 p.  1880.]

5.33. Notice under r. 5.30, Commissioner’s functions as to

(1) The Commissioner is to acknowledge the receipt of the
notification and information provided under regulation 5.30
within 10 days of receiving the notification.
(2) The acknowledgment is to include either —
(a) advice to the effect that use of the carcinogenic
substance or article containing a Schedule 5.6 substance

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at the workplace has not been approved by the

Commissioner; or
(b) advice to the effect that use of the carcinogenic
substance or article containing a Schedule 5.6 substance
at the workplace has been approved by the
Commissioner without conditions; or
(c) advice to the effect that use of the carcinogenic
substance or article containing a Schedule 5.6 substance
at the workplace has been approved by the
Commissioner on conditions imposed or to be imposed
by the Commissioner.
(3) The Commissioner may impose any condition that the
Commissioner thinks is necessary in relation to the use of any
carcinogenic substance or article containing a Schedule 5.6
substance at a workplace but if the Commissioner imposes a
condition then it must be communicated to the employer or
self-employed person within 50 days from the day of the
acknowledgment.
[Regulation 5.33 amended in Gazette 30 Dec 2003 p. 5742.]

5.34. Carcinogenic substance etc. not to be used until conditions

known
An employer or self-employed person who receives an
acknowledgment under regulation 5.33 to the effect that use of a
carcinogenic substance or article containing a Schedule 5.6
substance at the workplace has been approved by the
Commissioner on conditions imposed or to be imposed by the
Commissioner must ensure that the carcinogenic substance or
article is not used at the workplace until the conditions have
been communicated to the employer or self-employed person.
Penalty: the regulation 1.16 penalty.
[Regulation 5.34 amended in Gazette 30 Dec 2003 p. 5742;
14 Dec 2004 p. 6018.]

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5.35. Supplier of carcinogenic substance etc., duties of

A supplier must not supply a carcinogenic substance or article
containing a Schedule 5.6 substance to an employer or a
self-employed person for use at a workplace unless the
employer or self-employed person has given the supplier
sufficient evidence to the effect that use of the carcinogenic
substance or article at the workplace has been approved by the
Commissioner.
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[Regulation 5.35 amended in Gazette 30 Dec 2003 p. 5743;
14 Dec 2004 p. 6017.]

5.36. Information given under r. 5.30, person giving to update etc.

(1) A person who has given information under regulation 5.30
must, as soon as practicable, inform the Commissioner if —
(a) there is evidence to indicate that the information given is
no longer valid; or
(b) there is or has been a significant change in the use of the
substance at the workplace; or
(c) the relevant assessment is or has been reviewed.
(2) A person who has given information under regulation 5.30 must
provide the Commissioner with an update of the information, in
any event, at least every 5 years.
Penalty applicable to subregulations (1) and (2): the
regulation 1.16 penalty.
[Regulation 5.36 amended in Gazette 14 Dec 2004 p. 6018.]

5.37. Record keeping, duties of employer etc. as to

(1) A person who, at a workplace where a carcinogenic substance is
used, is an employer or a self-employed person must establish
and keep current for each person who is likely to be exposed to

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the carcinogenic substance at the workplace, a record

including —
(a) the full name, address and date of birth of the person
likely to be exposed to the carcinogenic substance; and
(b) the date of each period during which the person referred
to in paragraph (a) was, or was likely to have been,
exposed to the carcinogenic substance at the workplace,
and, subject to subregulation (3), keep the record for at least
30 years from the date of the last entry.
(2) Subject to subregulation (3), a person who, at a workplace
where a carcinogenic substance is used, is an employer or a
self-employed person must ensure that there is kept at the
workplace —
(a) a copy of all information that the person has given to the
Commissioner under regulation 5.30; and
(b) a copy of all conditions imposed by the Commissioner
in relation to the use of the carcinogenic substance at the
workplace,
for at least 30 years from the date of the document.
(3) If an employer or a self-employed person to whom
subregulation (1) or (2) applies —
(a) ceases to operate in the State; or
(b) satisfies the Commissioner that keeping, or the
maintaining of, a record or report is impractical or
inappropriate; or
(c) is requested to do so by the Commissioner,
then the employer or self-employed person must give the
records to the Commissioner.
Penalty applicable to subregulations (1), (2) and (3): the
regulation 1.16 penalty.
[Regulation 5.37 amended in Gazette 14 Dec 2004 p. 6018.]

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5.38. Record keeping, supplier’s duties as to

(1) A supplier of a carcinogenic substance for use at a workplace
must keep a record of —
(a) the name of the carcinogenic substance supplied; and
(b) the date of the supply; and
(c) the name of the person to whom the carcinogenic
substance was supplied,
and, subject to subregulation (2), keep the record for at least
30 years from the date of the last entry.
(2) If a person to whom subregulation (1) applies —
(a) ceases to operate in the State; or
(b) satisfies the Commissioner that keeping, or the
maintaining of, a record or report is impractical or
inappropriate; or
(c) is requested to do so by the Commissioner,
then the person must give the records to the Commissioner.
Penalty applicable to subregulations (1) and (2) for a person
who commits the offence as an employee: the
regulation 1.15 penalty.
Penalty applicable to subregulations (1) and (2) in any other
case: the regulation 1.16 penalty.
[Regulation 5.38 amended in Gazette 14 Dec 2004 p. 6017.]

5.39. Commissioner to keep records given under r. 5.37 and 5.38

If the Commissioner is given a record under regulation 5.37(3)
or 5.38(2) then the Commissioner is to ensure that the record is
kept for at least 30 years from the date of the last entry on the
record.

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5.40. Certain exposures of person to carcinogenic substance,

employer etc. to notify Commissioner of
If —
(a) a person is exposed at a workplace to a carcinogenic
substance as a result of a spill or other incident; or
(b) monitoring or health surveillance results indicate that a
person may have had excessive exposure at a workplace
to a carcinogenic substance,
then a person who, at the workplace, is an employer, the main
contractor or a self-employed person must, as soon as
practicable, report the matter to the Commissioner.
Penalty: the regulation 1.16 penalty.
[Regulation 5.40 amended in Gazette 14 Dec 2004 p. 6018.]

5.41. Person who may be exposed to carcinogenic substance to be

informed of certain matters
(1) If a person is exposed, or is likely to have been exposed, at a
workplace to a carcinogenic substance then a person who, at the
workplace is an employer, the main contractor or a
self-employed person must, as soon as practicable, inform the
first-mentioned person of the exposure or likelihood of
exposure.
(2) An employer must ensure, in relation to each employee for
whom a record is kept under regulation 5.37(1), that when the
employment is terminated, the employee receives a written
statement setting out the following —
(a) the name of any carcinogenic substance to which the
employee was, or might have been, exposed at the
workplace; and
(b) the date of each period during which the employee was,
or was likely to have been, exposed to a carcinogenic
substance at the workplace; and

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(c) details of how and where the employee can obtain

access to records kept under this Part; and
(d) a recommendation that the employee has periodic health
assessments, and the type of health assessments that
would be appropriate for the employee.
Penalty applicable to subregulations (1) and (2): the
regulation 1.16 penalty.
[Regulation 5.41 amended in Gazette 14 Dec 2004 p. 6018.]

Division 4 — Further requirements in relation to certain

hazardous substances

Subdivision 1 — Asbestos

5.42. Terms used

(1) In this Subdivision unless the contrary intention appears —
asbestos-containing material means any material, object,
product or debris that contains asbestos;
asbestos dust means airborne dust consisting of or containing a
time-weighted average fibre concentration of asbestos that is in
excess of the exposure standard when measured in accordance
with the Guidance Note on the Membrane Filter Method for
Estimating Airborne Asbestos Fibres 2nd Edition [NOHSC: 3003
(2005)];
asbestos work means work involving the removal of
asbestos-containing material;
asbestos work area means the place where asbestos work occurs
and the area in the immediate vicinity of that place that is
required under the Code of Practice for the Safe Removal of
Asbestos 2nd Edition [NOHSC: 2002 (2005)] to be cordoned off;
friable asbestos- containing material means any
asbestos-containing material that, when dry —
(a) is in a crumbled, pulverised or powder form; or

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(b) can be crumbled, pulverised or reduced to powder by

hand pressure;
licence means an unrestricted licence or a restricted licence;
non-friable asbestos- containing material means
asbestos-containing material that is not friable
asbestos-containing material;
restricted licence means a restricted asbestos licence granted
under regulation 5.45B;
unrestricted licence means an unrestricted asbestos licence
granted under regulation 5.45A.
(2) In this Subdivision, an application is finalised —
(a) when, in the ordinary course of events, notice of the
Commissioner’s decision on the application would have
been received by the applicant; or
(b) when the applicant withdraws or is taken to have
withdrawn the application.
[Regulation 5.42 amended in Gazette 30 Dec 2003 p. 5743;
18 Nov 2005 p.  5661; 22 Dec 2009 p. 5237- 8; 25 May 2010
p. 2277.]

5.43. Asbestos at workplace etc., employer etc. to locate etc.

Without limiting regulation 3.1 or 5.15, a person who, at a
workplace, is an employer, the main contractor, a self-employed
person or the person having control of the workplace must
ensure that —
(a) the presence and location of asbestos at the workplace is
identified; and
(b) the process of identification referred to in paragraph (a)
and the assessment of risks arising from hazards in
relation to asbestos at the workplace are conducted in
accordance with the Code of Practice for the
Management and Control of Asbestos in Workplaces
[NOHSC: 2018 (2005)].

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Penalty: the regulation 1.16 penalty.

[Regulation 5.43 amended in Gazette 14 Dec 2004 p. 6018;
18 Nov 2005 p.  5661.]

5.44. Licence, application for

(1) An application for —
(a) an unrestricted licence to do asbestos work; or
(b) a restricted licence to do asbestos work involving only
non-friable asbestos-containing material,
must be made to the Commissioner in an approved form and be
accompanied by the application fee set out in Schedule 6.2A.
(2) After receiving an application the Commissioner may in writing
direct the applicant to provide additional information within the
period specified in the direction.
(3) If an applicant fails to comply with a direction under
subregulation (2), the applicant is taken to have withdrawn the
application.
[Regulation 5.44 inserted in Gazette 22 Dec 2009 p. 5238- 9.]

5.45A. Unrestricted asbestos licence, grant of

After receiving an application made under regulation 5.44(1)(a)
the Commissioner may grant an unrestricted asbestos licence if
the Commissioner is satisfied that —
(a) if the applicant is an individual —
(i) the applicant is able to do asbestos work in a safe
and proper manner; and
(ii) the applicant has the training and experience to
properly supervise and manage asbestos work
done under the licence;
or
(b) if the applicant is not an individual —

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(i) the applicant has systems of work in place to

ensure that asbestos work will be done in a safe
and proper manner; and
(ii) the applicant has nominated at least one person
employed or otherwise engaged by the applicant
who has the training and experience to properly
supervise and manage asbestos work done under
the licence.
[Regulation 5.45A inserted in Gazette 22 Dec 2009 p. 5239.]

5.45B. Restricted asbestos licence, grant of

After receiving an application under regulation 5.44(1)(b) the
Commissioner may grant a restricted asbestos licence if the
Commissioner is satisfied that —
(a) if the applicant is an individual —
(i) the applicant is able to do asbestos work
involving non-friable asbestos-containing
material in a safe and proper manner; and
(ii) the applicant has the training and experience to
properly supervise and manage asbestos work
involving non-friable asbestos-containing
material done under the licence;
or
(b) if the applicant is not an individual —
(i) the applicant has systems of work in place to
ensure that asbestos work involving non-friable
asbestos-containing material will be done in a
safe and proper manner; and
(ii) the applicant has nominated at least one person
employed or otherwise engaged by the applicant
who has the training and experience to properly
supervise and manage asbestos work involving
non-friable asbestos-containing material done
under the licence.

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[Regulation 5.45B inserted in Gazette 22 Dec 2009 p. 5240.]

5.45C. Renewal of licence, application for

(1) The holder of a licence may, at any time no later than 30 days
after the licence expires, apply for the renewal of the licence.
(2) An application for the renewal of a licence must be made to the
Commissioner in an approved form and be accompanied by the
application fee set out in Schedule 6.2A.
(3) After receiving an application the Commissioner may in writing
direct the applicant to provide additional information within the
period specified in the direction.
(4) If an applicant fails to comply with a direction under
subregulation (3), the applicant is to be taken to have withdrawn
the application.
(5) Subregulation (1) does not apply to a person who —
(a) holds an unrestricted licence that is taken to have been
granted under regulation 5.53A(2); or
(b) holds a restricted licence that is taken to have been
granted under regulation 5.53A(3).
[Regulation 5.45C inserted in Gazette 22 Dec 2009
p.  5240-1.]

5.45D. Renewal of licence, grant of

After receiving an application made under regulation 5.45C, the
Commissioner may renew the licence if the Commissioner is
satisfied that —
(a) if the licence is an unrestricted licence — the applicant
continues to satisfy the relevant requirements in
regulation 5.45A; or
(b) if the licence is a restricted licence — the applicant
continues to satisfy the relevant requirements in
regulation 5.45B.

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[Regulation 5.45D inserted in Gazette 22 Dec 2009 p. 5241.]

5.45E. Conditions on licence

A licence may be granted or renewed subject to such conditions,
if any, as the Commissioner sees fit and endorses on the licence.
[Regulation 5.45E inserted in Gazette 22 Dec 2009 p. 5241.]

5.45F. Duration of licence

(1) A licence —
(a) takes effect on the day it is granted; and
(b) expires at the end of the period of 3 years beginning on
the day it is granted.
(2) If the holder of a licence applies for the renewal of the licence
on or before the day the licence expires (the expiry date) the
following provisions apply —
(a) if the application is not finalised on or before the expiry
date, the licence continues to have effect until the
application is finalised;
(b) if the Commissioner decides to renew the licence
(whether the decision is made before, on or after the
expiry date), the renewed licence —
(i) takes effect, or is deemed to have taken effect, on
the day after the expiry date; and
(ii) expires at the end of the period of 3 years
beginning on the day after the expiry date.
(3) If the holder of a licence applies for the renewal of the licence
after the expiry date, the following provisions apply —
(a) the licence has no effect after the expiry date until the
holder applies for the renewal and thereafter the licence
continues to have effect until the application is finalised;
(b) if the Commissioner decides to renew the licence, the
renewed licence —

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(i) is deemed to have taken effect on the day the

holder applies for the renewal; and
(ii) expires at the end of the period of 3 years
beginning on the day after the expiry date.
(4) Subregulations (2) and (3) also apply to the renewal of a licence
renewed under either of those subregulations.
[Regulation 5.45F inserted in Gazette 22 Dec 2009
p.  5242-3.]

5.45G. Suspension or cancellation of licence

(1) The Commissioner may suspend or cancel a licence if the
holder of the licence —
(a) is convicted of an offence against these regulations or
the Act; or
(b) in the opinion of the Commissioner —
(i) breaches a condition of the licence; or
(ii) is unable to comply with a condition of the
licence or a provision of these regulations or
the Act.
(2) If the Commissioner suspends or cancels a licence under this
regulation, the Commissioner is to give to the holder of the
licence written notice of the suspension or cancellation.
(3) Suspension under this regulation has effect —
(a) from the time specified in the written notice, which is to
be no earlier than when, in the ordinary course of events,
the notice would have been received by the holder of the
licence; and
(b) for the period or until the happening of the event
specified in the written notice.

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(4) Cancellation under this regulation has effect from the time
specified in the written notice, which is to be no earlier than
when, in the ordinary course of events, the notice would have
been received by the holder of the licence.
[Regulation 5.45G inserted in Gazette 22 Dec 2009
p.  5243-4.]

5.45H. Change of address, licence holder to notify Commissioner of

The holder of a licence must notify the Commissioner in writing
of any change in the holder’s residential or postal address within
14 days of the change.
Penalty: the regulation 1.15 penalty.
[Regulation 5.45H inserted in Gazette 22 Dec 2009 p. 5244.]
5.45. Asbestos removal work, duties as to
(1) A person who, at a workplace, is an employer, the main
contractor, a self-employed person or the person having control
of the workplace must ensure that any asbestos work at the
workplace involving friable asbestos-containing material —
(a) is done by —
(i) the holder of an unrestricted licence; or
(ii) a person employed or otherwise engaged by the
holder of an unrestricted licence;
and
(b) is done in accordance with —
(i) the Code of Practice for the Safe Removal of
Asbestos 2nd Edition [NOHSC: 2002 (2005)]; and
(ii) the unrestricted licence.
Penalty: the regulation 1.16 penalty.
(2A) Subject to regulation 5.53A(5), a person who, at a workplace, is
an employer, the main contractor, a self-employed person or the
person having control of the workplace must ensure that any
asbestos work at the workplace involving more than 10 m² of
non-friable asbestos-containing material —

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(a) is done by —

(i) the holder of an unrestricted licence or a
restricted licence; or
(ii) a person employed or otherwise engaged by the
holder of an unrestricted licence or a restricted
licence;
and
(b) is done in accordance with —
(i) Part 9 of the Code of Practice for the Safe
Removal of Asbestos 2nd Edition [NOHSC: 2002
(2005)]; and
(ii) the unrestricted licence or the restricted licence,
as the case requires.
Penalty: the regulation 1.16 penalty.
(2B) A person who, at a workplace, is an employer, the main
contractor, a self-employed person or the person having control
of the workplace must ensure that any asbestos work at the
workplace involving 10 m² or less of non-friable
asbestos-containing material is done in accordance with Part 9
of the Code of Practice for the Safe Removal of Asbestos
2nd Edition [NOHSC: 2002 (2005)].
Penalty: the regulation 1.16 penalty.
(2) A person doing asbestos work at a workplace must maintain the
standard of personal hygiene and use such protective equipment
as is required by Part 9 of the Code of Practice for the Safe
Removal of Asbestos 2nd Edition [NOHSC: 2002 (2005)].
Penalty for a person who commits the offence as an employee:
the regulation 1.15 penalty.
Penalty in any other case:
(a) for a first offence, $25 000; and
(b) for a subsequent offence, $31 250.

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[Regulation 5.45 amended in Gazette 14 Dec 2004 p. 6017

and 6018; 18  Nov 2005 p. 5661- 2; 22 Dec 2009 p. 5244- 6.]

5.46. Unrestricted licence holder to notify Commissioner of

employees; register of information
(1) The holder of an unrestricted licence —
(a) on being granted the licence must, unless the licence is
taken to have been granted in accordance with
regulation 5.53A(2), notify the Commissioner of the
name, address and date of birth of any person employed
or otherwise engaged by the licensee to do work
involving friable asbestos-containing material; and
(b) within 7 days after the commencement or termination of
the employment or engagement by the licensee of a
person to do asbestos work involving friable
asbestos-containing material, must notify the
Commissioner of the name, address and date of birth of
that person.
Penalty: the regulation 1.16 penalty.
(2) The Commissioner is to establish a register of the details of
which the Commissioner is notified under subregulation (1) and
is to keep those details for at least 40 years.
[Regulation 5.46 amended in Gazette 14 Dec 2004 p. 6017;
22 Dec 2009 p. 5246; 25 May 2010 p. 2277.]

5.47. Licence and codes of practice, licence holder’s duties as to

The holder of an unrestricted licence or a restricted licence must
ensure that a copy of —
(a) the licence; and
(b) the Code of Practice for the Safe Removal of Asbestos
2nd Edition [NOHSC: 2002 (2005)]; and
(c) the Code of Practice for the Management and Control
of Asbestos in Workplaces [NOHSC: 2018 (2005)],

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is available for inspection at each place at which asbestos work

is done under the authority of the licence and is produced upon
reasonable request.
Penalty: the regulation 1.16 penalty.
[Regulation 5.47 amended in Gazette 14 Dec 2004 p. 6017;
18  Nov  2005 p. 5662; 22 Dec 2009 p. 5246-7.]

5.48. Commissioner may direct tests for or removal of asbestos at

workplace etc.
(1) The Commissioner may issue a written notice to a person who,
at a workplace, is an employer, the main contractor, a
self-employed person or the person having control of the
workplace, directing the person —
(a) to conduct tests to ascertain if asbestos is present in the
workplace in such manner set out in the direction; or
(b) to cause any asbestos-containing material at the
workplace to be removed in accordance with the Code
of Practice for the Safe Removal of Asbestos 2nd Edition
[NOHSC: 2002 (2005)] or in such other manner and
within the time set out in the direction.
(2) A person must comply with each direction issued to the person
under subregulation (1).
Penalty: the regulation 1.16 penalty.
(3) The Commissioner may give a direction under this regulation
whether or not the assessment referred to in regulation 5.43
indicates that the testing or the asbestos work needs to be done
and the Commissioner is not liable for any costs in relation to
the tests or asbestos work.
[Regulation 5.48 amended in Gazette 17 Dec 1999 p. 6235;
14 Dec 2004 p. 6018; 18 Nov 2005 p. 5662; 22 Dec 2009
p. 5247.]

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5.49. Asbestos dust, employer etc. to prevent exposure to etc.

(1) A person who, at a workplace that is an asbestos work area, is
an employer, the main contractor, a self-employed person or the
person having control of the workplace must ensure that, as far
as is practicable, no person in the asbestos work area is exposed
to asbestos dust.
(2) Without limiting regulation 5.20, a person to whom
subregulation (1) applies must ensure that if it is likely that a
person in or entering the asbestos work area may be exposed to
asbestos dust then that person is provided with appropriate
personal protective clothing or equipment.
(3) A person who, at a workplace, is an employer, the main
contractor, a self-employed person or the person having control
of the workplace must ensure that on completion of any
asbestos work at the workplace the workplace is left in a clean
and safe condition either by washing or vacuuming and that any
asbestos-containing material is not left in such a state that
asbestos dust may be dispersed into the atmosphere.
Penalty applicable to subregulations (1), (2) and (3): the
regulation 1.16 penalty.
[Regulation 5.49 amended in Gazette 14 Dec 2004 p. 6018;
22 Dec 2009 p. 5248.]

[5.50, 5.51. Deleted in Gazette 22 Dec 2009 p. 5248.]

5.52. Waste asbestos material, disposal of

A person who, at a workplace at which there is waste
asbestos-containing material, is an employer, the main
contractor, a self-employed person or the person having control
of the workplace must ensure that the waste material is disposed
of in accordance with Part 11 of the Code of Practice for the
Management and Control of Asbestos in Workplaces
[NOHSC: 2018 (2005)].
Penalty: the regulation 1.16 penalty.

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[Regulation 5.52 amended in Gazette 17 Dec 1999 p. 6235;

14 Dec 2004 p. 6018; 18 Nov 2005 p. 5662- 3; 22 Dec 2009
p. 5248.]

5.53A. Transitional provisions for certain licences in force at

1 Mar 2010 and for r. 5.45(2A)
(1) In this regulation —
asbestos removalist licence means a licence issued under
regulation 5.44, as in force immediately before 1 March 2010;
demolition licence means a licence issued under
regulation 3.116(2) to do class 1, class 2 or class 3 demolition
work.
(2) A person holding, immediately before 1 March 2010, an
asbestos removalist licence is to be taken to have been granted
an unrestricted licence that expires on the day the asbestos
removalist licence would have expired, and has effect subject
to —
(a) these regulations; and
(b) such conditions, if any, as the Commissioner sees fit and
imposes by written notice to the holder of the asbestos
removalist licence.
(3) A person holding, immediately before 1 March 2010, a
demolition licence is to be taken to have been granted a
restricted licence that expires on the day the demolition licence
expires, and has effect subject to —
(a) these regulations; and
(b) such conditions, if any, as the Commissioner sees fit and
imposes by written notice to the holder of the demolition
licence.
(4) Nothing in subregulation (3) affects a person’s authority under a
demolition licence.

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(5) A person is not required to comply with regulation 5.45(2A) in

respect of asbestos work at a workplace if the asbestos work is
done —
(a) within the period that begins on 1 March 2010 and ends
on 31 May 2010; and
(b) in accordance with Part 9 of the Code of Practice for the
Safe Removal of Asbestos 2nd Edition [NOHSC: 2002
(2005)].
(6) Subregulation (5) does not apply to asbestos work involving
more than 200 m2 of asbestos cement roofing.
[Regulation 5.53A inserted in Gazette 22 Dec 2009
p. 5249- 50.]

Subdivision 2 — Lead

5.53. Terms used

In this Subdivision, unless the contrary intention appears —
atmospheric monitoring means determining the concentration
of lead in air;
biological monitoring means determining the amount of lead in
a person’s capillary or venous blood and the measurements
incidental to that determination;
blood lead level means the concentration of lead in whole blood
expressed in micromoles per litre (µmol/L) or micrograms per
decilitre (µg/dL);
confirmed blood lead level means the concentration of lead in
venous whole blood;
damp means sufficiently moist to prevent the escape of dust;
health surveillance has the meaning that it has in regulation 5.1
in relation to the hazardous substance of lead and includes
biological monitoring and medical examination, but not
atmospheric monitoring;

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inorganic lead means lead metal, inorganic lead compounds

and lead salts of organic acids;
lead material means material containing metallic lead or an
inorganic lead compound in an amount such that the lead
content of the anhydrous material is in excess of 5% by weight;
lead process means any process involving —
(a) the use or handling of lead material; and
(b) any work which exposes a person to lead dust in air or
lead fumes arising from the manufacture or handling of
dry lead compounds; and
(c) any work in connection with the manufacture, assembly,
handling or repair of, or parts of, electric accumulators
which involves the manipulation of dry lead compounds,
pasting or casting of lead; and
(d) the breaking up or dismantling of lead accumulators and
the sorting, packing and handling of plates or other parts
containing the lead removed or recovered from
accumulators; and
(e) spraying with molten lead or alloys containing greater
than 5% by weight of lead; and
(f) spray painting with paint containing greater than 1% by
dry weight of lead; and
(g) the storage, manipulation, movement, or other treatment
of lead material whether by means of any furnace,
melting pot, retort, condensing chamber, flue, or other
container; and
(h) melting or casting of lead alloys containing greater than
5% by weight of lead; and
(i) the cleaning or demolition of any furnace, melting pot,
retort, condensing chamber, flue, or container in which
lead material has been processed or contained; and
(j) recovery of lead from its ores, oxides or other
compounds by a thermal reduction process; and

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(k) using any power tool to dry machine grind, buff or cut
lead or alloy containing greater than 5% by weight of
lead; and
(l) hand grinding and finishing of lead or alloy containing
greater than 50% by weight of lead; and
(m) using a machine to sand or buff a surface coated with
paint containing greater than 1% by dry weight of lead;
and
(n) the application, for the purposes of welding, cutting or
cleaning, of electric arc, oxyacetylene, oxygas, plasma
arc or a flame to the surface of any metal which is
coated with lead or paint containing greater than 1% by
dry weight of lead; and
(o) radiator repairs where exposure to lead dust or fumes
may occur; and
(p) fire assay where lead is used; and
(q) any other process determined by the Commissioner to be
a lead process,
where the lead is inorganic lead;
lead-risk job means a work activity or a series of activities
involving inorganic lead, in which the blood lead level of a
person might reasonably be expected to be, or is —
(a) in the case of females of reproductive capacity, at least
20 micrograms per decilitre (µg/dL); and
(b) in any other case, at least 30 micrograms per decilitre
(µg/dL);
removal level means a confirmed blood lead level concentration
at which, under regulation 5.63, a person is to be transferred
from a lead-risk job to a job which is not a lead-risk job.

5.54. Lead-risk job, employer etc. to assess if work is

A person who, at a workplace, is an employer, the main
contractor or a self-employed person must ensure that before a

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person commences work at the workplace, it has been

ascertained whether or not the proposed work is a lead-risk job.
Penalty: the regulation 1.16 penalty.
[Regulation 5.54 amended in Gazette 14 Dec 2004 p. 6018.]

5.55. Prospective employee in lead process, duty to inform

An employer must provide each prospective employee who, if
employed, would work in a lead process, information about —
(a) the health risks and toxic effects associated with lead
exposure; and
(b) the need for, and content of, health surveillance.
Penalty: the regulation 1.16 penalty.
[Regulation 5.55 amended in Gazette 14 Dec 2004 p. 6018.]

5.56. Health surveillance and counselling, employer etc. to

provide
A person who, at a workplace, is an employer, the main
contractor or a self-employed person must ensure that individual
counselling and health surveillance supervised by an appointed
medical practitioner is provided for, and at no cost to, each
person who —
(a) is about to commence work at the workplace in a
lead-risk job; or
(b) works at the workplace in a lead-risk job.
Penalty: the regulation 1.16 penalty.
[Regulation 5.56 amended in Gazette 14 Dec 2004 p. 6018.]

5.57. Suitability of person for lead-risk job, employer etc. to

assess
A person who, at a workplace, is an employer, the main
contractor or a self-employed person must consider a person’s
suitability for work in a particular lead-risk job at the workplace
before the person commences the work and during the

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consideration must take into account, after consultation with the

person —
(a) the person’s medical history and medical condition in
relation to health effects associated with exposure to
lead; and
(b) the removal level applicable to the person; and
(c) the blood lead level which might reasonably be expected
if a person works in a particular lead-risk job.
Penalty: the regulation 1.16 penalty.
[Regulation 5.57 amended in Gazette 14 Dec 2004 p. 6018.]

5.58. Employer to inform and train employee etc.

(1) Before each employee who is likely to be exposed to lead
commences work in a lead process, and at least annually after
that, the employer must provide to the employee information
about and training on —
(a) the potential health risk and toxic effects associated with
lead exposure; and
(b) the control measures used to minimise the risk to health
and safety; and
(c) the correct use of methods used to minimise lead
contamination of the workplace and persons at the
workplace; and
(d) without limiting regulation 3.34, the correct care and use
of personal protective equipment; and
(e) the need for, and details of, health surveillance,
with particular attention to the induction and training of any
employee to whom regulation 5.63(1)(a), (b) or (c) applies or
could apply and to the increased risks to females of reproductive
capacity.
(2) The employer must ensure that records are kept of all induction
and training undertaken by an employee for the purposes of

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subregulation (1) for the duration of the employee’s

employment.
Penalty applicable to subregulations (1) and (2): the
regulation 1.16 penalty.
[Regulation 5.58 amended in Gazette 14 Dec 2004 p. 6018.]

5.59. Biological monitoring of person doing lead-risk job, duties

of employer etc. as to
If a person works in a lead-risk job at a workplace then a person
who, at the workplace, is an employer, the main contractor or a
self-employed person must ensure that biological monitoring is
conducted in relation to the first-mentioned person at the
following times —
(a) within the first month of the person’s commencing the
job; and
(b) 2 months after the initial monitoring; and
(c) 6 months after the initial monitoring; and
(d) at such subsequent times as are determined by the
appointed medical practitioner who is supervising the
person’s health surveillance.
Penalty: the regulation 1.16 penalty.
[Regulation 5.59 amended in Gazette 14 Dec 2004 p. 6018.]

5.60. Work involving lead, duties of employer etc. as to

(1) A person who, at a workplace other than a foundry, is an
employer, the main contractor or a self-employed person must
ensure that lead material (other than metallic lead) is not
handled or moved at the workplace unless the material is damp.
(2) A person who, at a workplace in which a lead process is
conducted, is an employer, the main contractor or a
self-employed person must ensure —
(a) that protective clothing which has been provided for a
person working in a lead process is washed, cleaned or

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renewed once a week or more frequently where

necessary to protect the health or safety of persons at the
workplace; and
(b) in the case of a workplace other than a construction site,
that —
(i) any area for eating and drinking is air-locked
from any room in which a lead process is
conducted and that there is no door or other
means of entry directly from such room into the
area set aside for eating and drinking; and
(ii) basins with hot and cold water are provided in
the ratio of one basin to every 5 (or up to 5)
persons who work in the lead process; and
(iii) showers are provided for the use of persons who
work in the lead process;
and
(c) in the case of a construction site, that running water is
available to enable persons who work in the lead process
to wash.
Penalty applicable to subregulations (1) and (2): the
regulation 1.16 penalty.
[Regulation 5.60 amended in Gazette 14 Dec 2004 p. 6018.]

5.61. Person working in lead process, duties of

A person who works in a lead process must —
(a) not smoke while his or her hands are contaminated with
lead material; and
(b) before eating or drinking and on ceasing the work, wash
his or her face, neck, hands and arms in the wash room
or facilities provided for that purpose; and
(c) remove any contaminated clothing or personal
protective equipment before entering an area set aside
for the consumption of food.

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Penalty for a person who commits the offence as an employee:

the regulation 1.15 penalty.
Penalty in any other case:
(a) for a first offence, $25 000; and
(b) for a subsequent offence, $31 250.
[Regulation 5.61 amended in Gazette 14 Dec 2004 p. 6017.]

5.62. Employee to notify employer if pregnant or breast-feeding

A female employee who works in a lead-risk job and who —
(a) becomes pregnant; or
(b) is breast-feeding,
must, as soon as practicable after becoming aware of the
pregnancy or commencing the breast-feeding, as the case may
be, notify her employer of the pregnancy or of the fact that she
is breast-feeding.
Penalty: the regulation 1.15 penalty.
[Regulation 5.62 amended in Gazette 14 Dec 2004
p. 6016- 17.]

5.63. When employer to remove employee from lead-risk job

(1) An employer must ensure that an employee is removed from a
lead-risk job to a job that is not a lead-risk job if —
(a) the employee’s confirmed blood lead level is at or
above —
(i) in the case of a female of reproductive capacity,
20 micrograms per decilitre (µg/dL); and
(ii) in any other case, 50 micrograms per decilitre
(µg/dL);
or
(b) the employee is pregnant or breast-feeding; or

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(c) the employer or the employee believes that —

(i) the employee has had an excessive exposure to
lead; or
(ii) the employee is experiencing adverse health
effects related to lead exposure,
and that the removal takes place as soon as practicable after the
employer becomes aware of the relevant event.
(2) An employer who is required to remove an employee from a
lead-risk job under subregulation (1)(a) or (c) must also arrange
for the employee to be examined by an appointed medical
practitioner within 7 days of the removal.
Penalty applicable to subregulations (1) and (2): the
regulation 1.16 penalty.
[Regulation 5.63 amended in Gazette 14 Dec 2004 p. 6018;
28 Nov 2008 p.  5031.]

5.64. Return to lead-risk job after removal under r. 5.63

If an employee has been removed from a lead-risk job under
regulation 5.63(1)(a) or (c), the employer must ensure that the
employee does not return to any lead-risk job until the employee
has been examined by an appointed medical practitioner (at the
cost of the employer) and the medical practitioner has certified
the employee as suitable to return to work in a lead-risk job.
Penalty: the regulation 1.16 penalty.
[Regulation 5.64 amended in Gazette 14 Dec 2004 p. 6018.]
5.65. Record keeping, employer’s duties as to
(1) An employer must establish and maintain for each employee
who is removed from, or returned to, a lead-risk job, a record
including —
(a) the employee’s name, sex and date of birth; and
(b) the date of each occasion that the employee was
removed from a lead-risk job together with the blood

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lead level reached, and the corresponding date on which

the employee was returned to a lead-risk job.
(2) Subject to subregulation (3), an employer to whom
subregulation (1) applies must keep the record for the duration
of the employee’s employment with the employer and for at
least 30 years from the date of the last entry.
(3) If an employer to whom subregulation (1) applies —
(a) ceases to operate in the State; or
(b) satisfies the Commissioner that keeping, or the
maintaining of, a record or report is impractical or
inappropriate; or
(c) is requested to do so by the Commissioner,
then the employer must give the record to the Commissioner.
Penalty applicable to subregulations (1), (2) and (3): the
regulation 1.16 penalty.
[Regulation 5.65 amended in Gazette 14 Dec 2004 p. 6018.]

5.66. Commissioner to keep records given under r. 5.65

If the Commissioner is given a record under regulation 5.65(3)
then the Commissioner is to ensure that the record is kept for at
least 30 years from the date of the last entry on the record.

5.67. Decision by appointed medical practitioner, review of

A person who is not satisfied with a decision of an appointed
medical practitioner in relation to the exclusion of a person
from, the removal from or the return to a lead-risk job may seek
a review by the Commissioner of the decision in accordance
with regulation 2.15.

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Subdivision 3 — Styrene

5.68. Term used: lower explosive limit

In this Subdivision —
lower explosive limit means the minimum concentration of
vapour, gas or dust in the atmosphere of a workplace that will
propagate a flame.

5.69. Styrene monomer vapour, employer etc. to minimise

If styrene monomer vapour is present at a workplace, a person
who, at the workplace, is an employer, the main contractor or a
self-employed person must reduce, as far as practicable, the
amount of styrene monomer vapour that is released into the
workplace.
Penalty: the regulation 1.16 penalty.
[Regulation 5.69 amended in Gazette 14 Dec 2004 p. 6018.]

5.70. Lower explosive limit, employer etc. to ensure not reached

A person who, at a workplace, is an employer, the main
contractor or a self-employed person must prevent the lower
explosive limit of styrene monomer from being reached in the
workplace by ensuring, where it is practicable to do so, that
there is in place a mechanical exhaust system arranged so as
to —
(a) prevent re-entry of the extracted air into the workplace;
and
(b) continue to extract air for at least 15 minutes after
cessation of any process using styrene monomer.
Penalty: the regulation 1.16 penalty.
[Regulation 5.70 amended in Gazette 14 Dec 2004 p. 6018.]

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5.71. Exit sign for workplace where styrene monomer present,

duty of employer etc. as to
A person who, at a workplace at which styrene monomer is
present, is an employer, the main contractor, or a self-employed
person must ensure that there is, in addition to any requirement
in the Building Code in relation to exit signs for the building, a
self-illuminating exit sign placed adjacent to the exit door of the
workplace at a height of 1.5 metres above the level of the floor.
Penalty: the regulation 1.16 penalty.
[Regulation 5.71 amended in Gazette 14 Dec 2004 p. 6018.]

Subdivision 4 — Isocyanates

5.72. Terms used

In this Subdivision —
curing agent means a chemical substance or energy source that
is added to another substance or a process to change the nature
of that other substance or the process and in the course of which
the chemical substance or energy source is itself changed in
character and wholly or partly incorporated into that other
substance or process;
isocyanate includes monomeric toluene diisocyanate (TDI),
monomeric hexamethylene diisocyanate (HDI), diphenyl
methane diisocyanate (MDI), naphthalene diisocyanate (NDI),
polymethylene polyphenyl isocyanate (PAPI), isocyanurate or
any chemical commonly known as an isocyanate or as a
derivative of an isocyanate;
polyhydroxy compound includes any chemical commonly
known as a polyhydroxy compound or polyol that reacts with an
isocyanate to form polyurethane;
polyurethane manufacturing process means any manufacturing
process involving the reaction of an isocyanate or blend of
differing isocyanates with a polyhydroxy compound;

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promoter means the chemical cobalt naphthenate or any other

chemical that assists a catalyst in a polyurethane manufacturing
process;
resin means a solid, semi-solid or liquid organic material which
normally has an indefinite and high molecular weight and which
is used as a base in a polyurethane manufacturing process.

5.73. Handling and using isocyanate, duties of employer etc. as to

Whatever the outcome of the assessment process referred to in
regulations 3.1 and 3.32 and without limiting Division 3 of
Part 3, a person who, at a workplace, is an employer, the main
contractor or a self-employed person must ensure —
(a) that an isocyanate or any substance containing an
isocyanate at the workplace is not —
(i) poured, injected, sprayed or otherwise handled or
used in such a way that atomization of such a
substance could occur; or
(ii) handled or used in a form in which the
temperature of such a substance is above 60°C;
or
(iii) handled or used in a place that is a confined
space within the meaning of regulation 3.82;
and
(b) that no person enters any area of the workplace that is
known to be or is suspected of being contaminated with
an isocyanate vapour,
unless the person handling or using the isocyanate or substance
or entering the area, as the case may be, is wearing or using
adequate eye, skin and respiratory protective equipment.
Penalty: the regulation 1.16 penalty.
[Regulation 5.73 amended in Gazette 14 Dec 2004 p. 6018.]

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5.74. Decanting isocyanate, duties of employer etc. as to

Whatever the outcome of the assessment process referred to in
regulations 3.1 and 3.32 and without limiting Division 3 of
Part 3, a person who, at a workplace, is an employer, the main
contractor or a self-employed person must ensure that a person
who decants an isocyanate at the workplace —
(a) wears or uses adequate eye, skin and respiratory
protective equipment for protection against hazards
resulting from a spillage; and
(b) does not, under any circumstances, apply positive
pressure to the isocyanate container; and
(c) does not siphon by the use of the mouth.
Penalty: the regulation 1.16 penalty.
[Regulation 5.74 amended in Gazette 14 Dec 2004 p. 6018.]

5.75. Container of isocyanate not to be heated in unventilated

space
A person who, at a workplace, is an employer, the main
contractor or a self-employed person must ensure that no
container of isocyanate is heated at the workplace unless the
space in which the container is located is vented to the external
atmosphere.
Penalty: the regulation 1.16 penalty.
[Regulation 5.75 amended in Gazette 14 Dec 2004 p. 6018.]

5.76. Isocyanate container etc., employer etc. to ensure

decontamination before re-use etc.
A person who, at a workplace, is an employer, the main
contractor or a self-employed person must ensure that any
container or utensil at the workplace that has been used for
storing or handling an isocyanate is decontaminated before the
container or utensil is re-used or sold.
Penalty: the regulation 1.16 penalty.

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[Regulation 5.76 amended in Gazette 14 Dec 2004 p. 6018.]

5.77. Spillage of isocyanate etc., duties of employer etc. as to

A person who, at a workplace at which is conducted a process in
which an isocyanate is used, is an employer, the main contractor
or a self-employed person must —
(a) display in a conspicuous place, a statement in relation to
the spillage of an isocyanate, a curing agent, a promoter
or resin setting out —
(i) the procedures to be followed by persons at the
workplace in the event of a spillage; and
(ii) the decontaminants present at the workplace
which are to be used to clean up a spillage;
and
(b) arrange for the contents of every bin containing a
mixture of an isocyanate and decontaminant or sawdust
or sand obtained after cleaning up a spillage to be
disposed of at a sanitary landfill site in accordance with
the Health Act 1911.
Penalty: the regulation 1.16 penalty.
[Regulation 5.77 amended in Gazette 14 Dec 2004 p. 6018.]

5.78. Certain polyurethane manufacturing, duties of employer

etc. as to workplace for
A person who, at a workplace, is an employer, the main
contractor or a self-employed person must ensure that a
polyurethane manufacturing process involving the use of
toluene diisocyanate or any blend of isocyanates that has
monomeric toluene diisocyanate as a constituent is not
conducted at the workplace unless —
(a) the workplace is divided into separate areas for the
following purposes —
(i) administration and amenities;

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(ii) bulk stores for raw materials that are

polyhydroxy compounds;
(iii) bulk stores for raw materials that are isocyanates;
(iv) polyurethane manufacture;
(v) curing area;
(vi) bulk store for manufactured foam;
(vii) the making of any product derived from the
process;
and
(b) the areas of the workplace referred to in
paragraph (a) —
(i) are each situated in a separate building not less
than 6 metres from any other such area; or
(ii) are separated from each other in the same
building by walls having a fire resistance level
not less than that required under the Building
Code in relation to the class of that building;
and
(c) the areas referred to in paragraph (a)(ii) to (vii) are in a
building or buildings having not more than one storey;
and
(d) each area referred to in paragraph (a)(ii) to (vii) has not
less than 2 exits situated so that there is at least one exit
within 20 metres of any part of the area; and
(e) there is, in addition to any requirement in the Building
Code in relation to exit signs for the building, a
self-illuminating exit sign placed adjacent to each exit
referred to in paragraph (d) at a height of 1.5 metres
above the level of the floor; and
(f) there is a fire hydrant within 60 metres of each part of
the workplace; and

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(g) the storage of all isocyanates at the workplace is in

accordance with the Dangerous Goods Safety (Storage
and Handling of Non- explosives) Regulations 2007; and
(h) polyurethane foam produced from monomeric toluene
diisocyanate is placed in the curing area for not less than
6 hours immediately after it is produced so that there is
sufficient ventilation to ensure the dispersal of heat and
fumes from the curing area.
Penalty: the regulation 1.16 penalty.
[Regulation 5.78 amended in Gazette 8 Jun 1999 p. 2525;
14  Dec 2004 p. 6018; 5 Jun 2009 p. 1880.]

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Part 6 — Performance of high risk work

[Heading inserted in Gazette 24 Aug 2007 p. 4262.]

Division 1 — Preliminary
[Heading inserted in Gazette 24 Aug 2007 p. 4262.]

6.1. Terms used

(1) In this Part —
assessor means a person registered under Division 3;
former regulations means these regulations as in force
immediately before the Occupational Safety and Health
Amendment Regulations (No. 3) 2007 regulation 9 came into
operation 1;
high risk work means work of a class —
(a) listed in column 2 of the Table in Schedule 6.3 clause 3,
5, 7, 9 or 11; and
(b) described in column 3 of the Table;
high risk work (interstate) licence means a licence granted
under a law of another State or a Territory that the
Commissioner recognises as corresponding to the law set out in
this Part;
high risk work (WA) licence means a licence granted under
Division 2;
high risk work licence means —
(a) a high risk work (WA) licence; or
(b) a high risk work (interstate) licence;
notice of satisfactory assessment means a document issued by
an assessor containing information to the effect that the person
named in the document is competent to do high risk work of the
class specified in the document;
qualification or statement of attainment means a document
issued by a registered training organisation containing

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information to the effect that the person named in the

document —
(a) has received training from the organisation in the
performance of high risk work of the class specified in
the document; and
(b) is competent to do that work.
(2) In this Part, an application is finalised —
(a) when, in the ordinary course of events, notice of the
Commissioner’s decision on the application would have
been received by the applicant; or
(b) when the applicant withdraws or is taken to have
withdrawn the application.
(3) In this Part, a person holds, and is a holder of, a high risk work
licence for a class of high risk work if the person is authorised
under the licence to do high risk work of that class.
[Regulation 6.1 inserted in Gazette 24 Aug 2007 p. 4262-3;
amended in Gazette 31 Jul 2009 p. 3034.]

6.2. High risk work licence needed to do high risk work

(1) A person must not do high risk work of a particular class unless
the person holds a high risk work licence for that class of work.
Penalty: the regulation 1.15 penalty.
(2) Subregulation (1) does not apply to a person who does high risk
work of a particular class if —
(a) the person —
(i) is enrolled with a registered training organisation
to do training in the work; and
(ii) is being supervised by a person who holds a high
risk work licence for that class of work;
or
(b) the person’s competency to do the work is being
assessed by an assessor; or

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(c) the person has a notice of satisfactory assessment for

that class of work which was issued to the person not
more than 60 days before; or
(d) the person has applied under Division 2 for a licence for
that class of work and the application has not been
finalised; or
(e) the person has applied under Division 2 for variation of
a licence seeking authority to do work of that class and
the application has not been finalised; or
(f) the equipment with which the person is doing the work
is being used or operated —
(i) in the course of its manufacture, maintenance or
repair; and
(ii) at the workplace at which it is being
manufactured, maintained or repaired; and
(iii) without a load.
(3) A person who, at a workplace, is an employer, the main
contractor, a self-employed person, a person having control of
the workplace or a person having control of access to the
workplace must not direct or allow another person (the worker)
to do high risk work of a particular class if, by doing the work,
the worker would commit an offence under subregulation (1).
Penalty: the regulation 1.16 penalty.
[Regulation 6.2 inserted in Gazette 24 Aug 2007 p. 4263-5.]

[6.2A. Deleted in Gazette 24 Aug 2007 p. 4262.]

6.3. Certain equipment not to be left unattended while in use

(1) In this regulation —
licensed person, in relation to a type of prescribed equipment,
means a person who holds a high risk work licence authorising
the person to do high risk work of a class that involves the use
of that type of prescribed equipment;

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prescribed equipment means —

(a) a crane or a hoist of a type (including a vehicle-mounted
concrete placing boom but excluding a boom-type
elevating work platform) the use of which constitutes, or
is included in, high risk work of a class listed in
column 3 of the Table in Schedule 6.3 clause 7; or
(b) a pressure equipment of a type the use of which
constitutes, or is included in, high risk work of a class
listed in column 3 of the Table in Schedule 6.3
clause 11;
use has the same meaning as in Schedule 6.3.
(2) A licensed person using a type of prescribed equipment must
not leave the equipment while it is in use unless another
licensed person has taken over control of it.
Penalty for a person who commits the offence as an employee:
(a) for a first offence, $5 000; and
(b) for a subsequent offence, $6 250.
Penalty in any other case:
(a) for a first offence, $25 000; and
(b) for a subsequent offence, $31 250.
[Regulation 6.3 inserted in Gazette 24 Aug 2007 p. 4265-6.]

Division 2 — Licences
[Heading inserted in Gazette 24 Aug 2007 p. 4266.]

6.4. Term used: licence

In this Division, unless the contrary intention appears —
licence means a high risk work (WA) licence.
[Regulation 6.4 inserted in Gazette 24 Aug 2007 p. 4266.]

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6.5. Application for licence

(1) An application for a licence for one or more classes of high risk
work must be made to the Commissioner in an approved form
and be accompanied by the application fee set out in
Schedule 6.4.
(2) After receiving an application the Commissioner may in writing
direct the applicant to provide additional information within the
period specified in the direction.
(3) If an applicant fails to comply with a direction under
subregulation (2), the applicant is to be taken to have withdrawn
the application.
[Regulation 6.5 inserted in Gazette 24 Aug 2007 p. 4266.]

6.6. Deciding application for licence

(1) In this regulation —
certificate of competency has the meaning that was given in
regulation 6.1(1) of the former regulations and includes a
certificate of competency treated under regulation 7.10 of those
regulations as a certificate of competency for the purposes of
Part 6 of those regulations.
(2) After receiving an application made under regulation 6.5 the
Commissioner may grant the licence authorising the applicant to
do high risk work of a class to which the application relates
if —
(a) the applicant has reached 18 years of age; and
(b) the Commissioner is satisfied that the applicant is
competent to do high risk work of that class.
(3) Matters to be considered by the Commissioner when
determining whether an applicant is competent to do high risk
work of a particular class include —
(a) whether the applicant has recently been issued a notice
of satisfactory assessment for that class of work; and

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(b) whether the applicant has recently been issued a

qualification or statement of attainment for that class of
work; and
(c) whether the applicant holds a high risk work (interstate)
licence for that class of work.
(4) The Commissioner may refuse to grant the licence if —
(a) the applicant previously held a high risk work licence,
and —
(i) the licence was cancelled; or
(ii) the authority under the licence to do high risk
work of a class was suspended or cancelled;
or
(b) the applicant previously held a certificate of competency
and the certificate was suspended or cancelled, either
wholly or in part; or
(c) the applicant was previously convicted of an offence
relating to the performance of work of a kind included in
a class of high risk work.
(5) If an applicant for a licence for a class of high risk work is
authorised under a high risk work (interstate) licence to do work
of that class, the Commissioner must ensure that that authority
is cancelled by the State or Territory that granted the interstate
licence before a licence is granted under this Division for that
class of work.
[Regulation 6.6 inserted in Gazette 24 Aug 2007 p. 4266-8.]

6.7. Variation of licence, application for

(1) The holder of a licence may apply for variation of the licence
seeking authority to do high risk work of one or more additional
classes.

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(2) An application for variation of a licence must be made to the

Commissioner in an approved form and be accompanied by the
application fee set out in Schedule 6.4.
(3) After receiving an application the Commissioner may in writing
direct the applicant to provide additional information within the
period specified in the direction.
(4) If an applicant fails to comply with a direction under
subregulation (3), the applicant is to be taken to have withdrawn
the application.
[Regulation 6.7 inserted in Gazette 24 Aug 2007 p. 4268.]

6.8. Deciding application to vary licence

(1) After receiving an application made under regulation 6.7, the
Commissioner may vary the licence authorising the applicant to
do high risk work of a class to which the application relates if
the Commissioner is satisfied that the applicant is competent to
do high risk work of that class.
(2) Matters to be considered by the Commissioner when
determining whether an applicant is competent to do high risk
work of a particular class include —
(a) whether the applicant has recently been issued a notice
of satisfactory assessment for that class of work; and
(b) whether the applicant has recently been issued a
qualification or statement of attainment for that class of
work; and
(c) whether the applicant holds a high risk work (interstate)
licence for that class of work.
(3) If an applicant for variation of a licence seeking authority to do
high risk work of a particular class is authorised under a high
risk work (interstate) licence to do work of that class, the
Commissioner must ensure that that authority is cancelled by
the State or Territory that granted the interstate licence before

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the licence is varied under this Division authorising the

applicant to do work of that class.
(4) A variation of a licence under this regulation takes effect on the
day the licence is varied.
(5) Nothing in subregulation (4) is to be taken to affect the period
for which the licence is to have effect under regulation 6.11.
[Regulation 6.8 inserted in Gazette 24 Aug 2007 p. 4268-9.]

6.9. Renewal of licence, application for

(1) The holder of a licence may, at any time no later than 12 months
after the licence expires, apply for renewal of a licence.
(2) An application for renewal of a licence must be made to the
Commissioner in an approved form and be accompanied by the
application fee set out in Schedule 6.4.
(3) After receiving an application the Commissioner may in writing
direct the applicant to provide additional information within the
period specified in the direction.
(4) If an applicant fails to comply with a direction under
subregulation (3), the applicant is to be taken to have withdrawn
the application.
[Regulation 6.9 inserted in Gazette 24 Aug 2007 p. 4269-70.]

6.10. Deciding application to renew licence

After receiving an application made under regulation 6.9, the
Commissioner may renew the licence authorising the applicant
to do high risk work of a class to which the application relates if
the Commissioner is satisfied that the applicant remains
competent to do high risk work of that class.
[Regulation 6.10 inserted in Gazette 24 Aug 2007 p. 4270.]

6.11. Duration of licence

(1) A licence —

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(a) takes effect on the day it is granted; and

(b) expires at the end of the period of 5 years beginning on
the day it is granted.
(2) If the holder of a licence applies for renewal of the licence on or
before the day the licence expires (the expiry date), the
following provisions apply —
(a) if the application is not finalised on or before the expiry
date, the licence continues to have effect until the
application is finalised;
(b) if the Commissioner decides to renew the licence
(whether the decision is made before, on or after the
expiry date), the renewed licence —
(i) takes effect, or is deemed to have taken effect, on
the day after the expiry date; and
(ii) expires at the end of the period of 5 years
beginning on the day after the expiry date.
(3) If the holder applies for renewal of the licence after the expiry
date, the following provisions apply —
(a) the licence has no effect after the expiry date until the
holder applies for the renewal and thereafter the licence
continues to have effect until the application is finalised;
(b) if the Commissioner decides to renew the licence, the
renewed licence —
(i) is deemed to have taken effect on the day the
holder applies for the renewal; and
(ii) expires at the end of the period of 5 years
beginning on the day after the expiry date.
(4) Subregulations (2) and (3) also apply to the renewal of a licence
renewed under either of those subregulations.
[Regulation 6.11 inserted in Gazette 24 Aug 2007 p. 4270- 1.]

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6.12. Suspending authority to do high risk work of a particular

class, Commissioner’s powers as to etc.
(1) The Commissioner may suspend a person’s authority under a
licence to do high risk work of a particular class if the
Commissioner is satisfied that —
(a) the person is no longer competent to do work of that
class; or
(b) information contained in or provided in connection with
an application made by the person under regulation 6.5,
6.7 or 6.9 was false or misleading in a material respect.
(2) If the Commissioner suspends a person’s authority under this
regulation, the Commissioner is to give the person written
notice of the suspension.
(3) Suspension under this regulation has effect —
(a) from the time specified in the written notice, which is to
be no earlier than when, in the ordinary course of events,
the notice would have been received by the person; and
(b) for the period or until the happening of the event
specified in the written notice.
(4) If a person’s authority to do high risk work of a particular class
is suspended under this regulation, the person is to be regarded
as not being authorised under the licence to do high risk work of
that class during the period of the suspension.
(5) A person to whom a notice is given under subregulation (2)
must return the licence document to the Commissioner within
the period specified in the notice unless the person has a
reasonable excuse not to do so.
Penalty: the regulation 1.15 penalty.
[Regulation 6.12 inserted in Gazette 24 Aug 2007 p. 4271-2.]

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6.13. Cancelling authority to do high risk work of a particular

class, Commissioner’s powers as to etc.
(1) The Commissioner may cancel a person’s authority under a
licence to do high risk work of a particular class if the
Commissioner is satisfied that —
(a) the person is no longer competent to do work of that
class; or
(b) information contained in or provided in connection with
an application made by the person under regulation 6.5,
6.7 or 6.9 was false or misleading in a material respect.
(2) The Commissioner may cancel a person’s authority under a
licence to do high risk work of a particular class if the
Commissioner is requested in writing to do so by the person.
(3) If the Commissioner cancels a person’s authority under a
licence to do high risk work of every class that the person
would, but for the cancellation or any suspension under
regulation 6.12, be authorised under the licence to do, the
licence is cancelled.
(4) If the Commissioner cancels a person’s authority under this
regulation, the Commissioner is to give the person written
notice of the cancellation.
(5) Cancellation under this regulation has effect from the time
specified in the written notice, which is to be no earlier than
when, in the ordinary course of events, the notice would have
been received by the person.
(6) A person to whom a notice is given under subregulation (4)
must return the licence document to the Commissioner within
the period specified in the notice unless the person has a
reasonable excuse not to do so.
Penalty: the regulation 1.15 penalty.
[Regulation 6.13 inserted in Gazette 24 Aug 2007 p. 4272-3.]

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6.14. Licence document, issue of etc.

(1) The Commissioner is to issue a person with a licence document
on the grant of a licence to the person under regulation 6.6.
(2) The Commissioner is to issue a person with a replacement
licence document —
(a) on the variation of the person’s licence under
regulation 6.8; and
(b) on the renewal of the person’s licence under
regulation 6.10; and
(c) on the suspension of the person’s authority to do high
risk work of a class under regulation 6.12, if the person
has authority under the licence to do high risk work of
any other class or classes; and
(d) on the cancellation of the person’s authority to do high
risk work of a class under regulation 6.13, if the person
has authority under the licence to do high risk work of
any other class or classes.
(3) If a person’s authority to do high risk work of a class is
suspended under regulation 6.12 and the person returned to the
Commissioner the licence document, the Commissioner is to do
either of the following, as appropriate, at the end of that
suspension —
(a) return to the person the licence document returned to the
Commissioner;
(b) issue the person with a replacement licence document.
(4) A licence document or a replacement licence document is to
specify —
(a) the class or classes of high risk work that the person is
authorised to do under the licence; and
(b) the day the licence expires under regulation 6.11.
[Regulation 6.14 inserted in Gazette 24 Aug 2007 p. 4273-4.]

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6.15. Change of address, licensee to notify Commissioner of

The holder of a licence must notify the Commissioner in writing
of any change to the holder’s residential or postal address within
14 days of the change.
Penalty: the regulation 1.15 penalty.
[Regulation 6.15 inserted in Gazette 24 Aug 2007 p. 4274-5.]

6.16. Duplicate licence document, issue of

If the Commissioner is satisfied that a licence document has
been lost, stolen or destroyed, the Commissioner may issue a
duplicate licence document to the holder of the licence on
payment of the fee set out in Schedule 6.4.
[Regulation 6.16 inserted in Gazette 24 Aug 2007 p. 4275.]

6.17. Commissioner may direct licensee to get competency

assessed
(1) The Commissioner may in writing direct the holder of a licence
to —
(a) obtain from an assessor an assessment of the holder’s
competency to do high risk work of a class that the
holder is authorised to do under the licence; and
(b) provide the Commissioner with a notice of satisfactory
assessment for that class of work from the assessor
within the period specified in the direction.
(2) For the purposes of regulations 6.10, 6.12(1)(a) and 6.13(1)(a),
a holder who does not provide a notice as required under
subregulation (1)(b) may be regarded as being no longer
competent to do high risk work of the class to which the
direction relates.
[Regulation 6.17 inserted in Gazette 24 Aug 2007 p. 4275.]

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Division 3 — Registration as an assessor

[Heading inserted in Gazette 24 Aug 2007 p. 4275.]

6.18. Term used: registration

In this Division, unless the contrary intention appears —
registration means registration as an assessor under this
Division.
[Regulation 6.18 inserted in Gazette 24 Aug 2007 p. 4275.]

6.19. Registered assessor, function of

A person registered as an assessor under this Division is
authorised to issue notices of satisfactory assessment for the
class or classes of high risk work in respect of which the person
is registered.
[Regulation 6.19 inserted in Gazette 24 Aug 2007 p. 4276.]

6.20. Notice of satisfactory assessment, duties of assessor before

issuing
(1) In this regulation —
assessment instrument for high risk work of a particular class,
means a written statement of the steps to be taken, and the
assessment methods to be used, by an assessor when conducting
an assessment of a person’s competency to do high risk work of
that class.
(2) An assessor must not issue a notice of satisfactory assessment in
respect of a person’s performance of high risk work of a
particular class unless the assessor —
(a) is authorised to issue notices of satisfactory assessment
for that class of work; and
(b) has assessed the person’s competency in accordance
with the approved assessment instrument for work of
that class; and

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(c) having regard to the results of the assessment, is

satisfied that the person is competent to do work of that
class; and
(d) is satisfied that the person has sufficient knowledge of
the English language, both written and oral, to safely do
work of that class.
Penalty: the regulation 1.15 penalty.
[Regulation 6.20 inserted in Gazette 24 Aug 2007 p. 4276.]

6.21. Application for registration

(1) An application for registration in respect of one or more classes
of high risk work must be made to the Commissioner in an
approved form and be accompanied by the application fee set
out in Schedule 6.4.
(2) After receiving an application the Commissioner may in writing
direct the applicant to do any of the following within the period
specified in the direction —
(a) provide additional information;
(b) undertake an oral test;
(c) undertake a written test.
(3) If an applicant fails to comply with a direction under
subregulation (2), the applicant is to be taken to have withdrawn
the application.
[Regulation 6.21 inserted in Gazette 24 Aug 2007 p. 4277.]

6.22. Deciding application for registration

(1) In this regulation —
previously registered as an assessor means previously
registered as an assessor under —
(a) this Division; or
(b) Part 6 of the former regulations; or

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(c) a law of another State or a Territory that the

Commissioner recognises as being equivalent to the law
set out in this Part or in Part 6 of the former regulations.
(2) After receiving an application made under regulation 6.21, the
Commissioner may register the applicant in respect of a class of
high risk work to which the application relates if the
Commissioner is satisfied that the applicant —
(a) holds a high risk work licence for that class of work; and
(b) has acquired, through training and work experience, the
skills necessary to assess a person’s competency to do
high risk work of that class.
(3) The Commissioner may refuse to register the applicant if the
applicant was previously registered as an assessor and that
registration was suspended or cancelled, either wholly or in part.
[Regulation 6.22 inserted in Gazette 24 Aug 2007 p. 4277- 8.]

6.23. Variation of registration, application for

(1) An assessor may apply for variation of his or her registration
seeking registration in respect of one or more additional classes
of high risk work.
(2) An application for variation of a registration must be made to
the Commissioner in an approved form and be accompanied by
the application fee set out in Schedule 6.4.
(3) After receiving an application the Commissioner may in writing
direct the applicant to do any of the following within the period
specified in the direction —
(a) provide additional information;
(b) undertake an oral test;
(c) undertake a written test.
(4) If an applicant fails to comply with a direction under
subregulation (3), the applicant is to be taken to have withdrawn
the application.

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[Regulation 6.23 inserted in Gazette 24 Aug 2007 p. 4278.]

6.24. Deciding application to vary registration

(1) After receiving an application made under regulation 6.23, the
Commissioner may vary the applicant’s registration registering
the applicant in respect of a class of high risk work to which the
application relates if the Commissioner is satisfied that the
applicant —
(a) holds a high risk work licence for that class of work; and
(b) has acquired, through training and work experience, the
skills necessary to assess a person’s competency to do
high risk work of that class.
(2) A variation of a registration under this regulation takes effect on
the day the registration is varied.
(3) Nothing in subregulation (2) is to be taken to affect the period
for which the applicant’s registration is to have effect under
regulation 6.27.
[Regulation 6.24 inserted in Gazette 24 Aug 2007 p. 4279.]

6.25. Renewal of registration, application for

(1) An assessor may, before his or her registration expires, apply
for renewal of the registration.
(2) An application for renewal of registration must be made to the
Commissioner in an approved form and be accompanied by the
application fee set out in Schedule 6.4.
(3) After receiving an application the Commissioner may in writing
direct the applicant to do any of the following within the period
specified in the direction —
(a) provide additional information;
(b) undertake an oral test;
(c) undertake a written test.

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(4) If an applicant fails to comply with a direction under

subregulation (3), the applicant is to be taken to have withdrawn
the application.
[Regulation 6.25 inserted in Gazette 24 Aug 2007 p. 4279- 80.]

6.26. Deciding application to renew registration

After receiving an application made under regulation 6.25, the
Commissioner may renew the applicant’s registration
registering the applicant in respect of a class of high risk work
to which the application relates if the Commissioner is satisfied
that the applicant —
(a) continues to hold a high risk work licence for that class
of work; and
(b) retains the skills necessary to assess a person’s
competency to do high risk work of that class.
[Regulation 6.26 inserted in Gazette 24 Aug 2007 p. 4280.]

6.27. Duration of registration

(1) The registration of an assessor —
(a) takes effect on the day the assessor is registered; and
(b) expires at the end of the period of 3 years beginning on
the day the assessor is registered.
(2) If an assessor applies for renewal of his or her registration, the
following provisions apply —
(a) if the application is not finalised on or before the day the
registration expires (the expiry date), the registration
continues to have effect until the application is finalised;
(b) if the Commissioner decides to renew the registration
(whether the decision is made before, on or after the
expiry date) the renewed registration —
(i) takes effect, or is deemed to have taken effect, on
the day after the expiry date; and

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(ii) expires at the end of the period of 3 years

beginning on the day after the expiry date.
(3) Subregulation (2) also applies to the renewal of a registration
renewed under that subregulation.
[Regulation 6.27 inserted in Gazette 24 Aug 2007 p. 4280-1.]

6.28. Suspending registration as to particular class of high risk

work, Commissioner’s powers as to etc.
(1) The Commissioner may suspend an assessor’s registration in
respect of a particular class of high risk work if the
Commissioner is satisfied that —
(a) the assessor has breached regulation 6.20; or
(b) the assessor no longer holds a high risk work licence for
that class; or
(c) the assessor no longer has the skills necessary to assess a
person’s competency to do work of that class; or
(d) information contained in or provided in connection with
an application made by the assessor under
regulation 6.21, 6.23 or 6.25 was false or misleading in a
material respect.
(2) If the Commissioner suspends an assessor’s registration under
this regulation, the Commissioner is to give the assessor written
notice of the suspension.
(3) Suspension under this regulation has effect —
(a) from the time specified in the written notice, which is to
be no earlier than when, in the ordinary course of events,
the notice would have been received by the assessor; and
(b) for the period or until the happening of the event
specified in the written notice.
(4) If an assessor’s registration in respect of a particular class of
high risk work is suspended under this regulation, the person is

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to be regarded as not being registered in respect of that class of

high risk work during the period of the suspension.
(5) An assessor to whom a notice is given under subregulation (2)
must return the certificate of registration to the Commissioner
within the period specified in the notice unless the assessor has
a reasonable excuse not to do so.
Penalty: the regulation 1.15 penalty.
[Regulation 6.28 inserted in Gazette 24 Aug 2007 p. 4281- 2.]

6.29. Cancelling registration as to particular class of high risk

work, Commissioner’s powers as to etc.
(1) The Commissioner may cancel an assessor’s registration in
respect of high risk work of a particular class if the
Commissioner is satisfied that —
(a) the assessor has breached regulation 6.20; or
(b) the assessor no longer holds a high risk work licence for
that class; or
(c) the assessor no longer has the skills necessary to assess a
person’s competency to do work of that class; or
(d) information contained in or provided in connection with
an application made by the assessor under
regulation 6.21, 6.23 or 6.25 was false or misleading in a
material respect.
(2) The Commissioner may cancel an assessor’s registration in
respect of high risk work of a particular class if requested in
writing to do so by the assessor.
(3) If the Commissioner cancels an assessor’s registration in respect
of every class of high risk work in respect of which the assessor
would, but for the cancellation or any suspension under
regulation 6.28, be registered, the registration is cancelled.
(4) The Commissioner is to give an assessor written notice of
cancellation under this regulation.

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(5) Cancellation under this regulation has effect from the time
specified in the written notice, which is to be no earlier than
when, in the ordinary course of events, the notice would have
been received by the assessor.
(6) An assessor to whom a notice is given under subregulation (4)
must return the certificate of registration to the Commissioner
unless the assessor has a reasonable excuse not to do so.
Penalty: the regulation 1.15 penalty.
[Regulation 6.29 inserted in Gazette 24 Aug 2007 p. 4282-3.]

6.30. Certificate of registration, issue of etc.

(1) The Commissioner is to issue a person with a certificate of
registration on the registration of the person under
regulation 6.22.
(2) The Commissioner is to issue a person with a replacement
certificate of registration —
(a) on the variation of the person’s registration under
regulation 6.24; and
(b) on the renewal of the person’s registration under
regulation 6.26; and
(c) on the suspension of the person’s registration in respect
of a class of high risk work under regulation 6.28, if the
person is registered in respect of any other class or
classes of high risk work; and
(d) on the cancellation of the person’s registration in respect
of a class of high risk work under regulation 6.29, if the
person is registered in respect of any other class or
classes of high risk work.
(3) If a person’s registration in respect of a class of high risk work
is suspended under regulation 6.28 and the person returned to
the Commissioner the certificate of registration, the
Commissioner is to do either of the following, as appropriate, at
the end of that suspension —

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(a) return to the person the certificate of registration

returned to the Commissioner;
(b) issue the person with a replacement certificate of
registration.
(4) A certificate of registration or a replacement certificate of
registration is to specify —
(a) the class or classes of high risk work in respect of which
the person is registered; and
(b) the day the registration expires under regulation 6.27.
[Regulation 6.30 inserted in Gazette 24 Aug 2007 p. 4283-4.]

6.31. Duplicate certificate of registration, issue of

If the Commissioner is satisfied that a certificate of registration
has been lost, stolen or destroyed, the Commissioner may issue
a duplicate certificate of registration to the assessor on payment
of the fee set out in Schedule 6.4.
[Regulation 6.31 inserted in Gazette 24 Aug 2007 p. 4284.]

Division 4 — Miscellaneous
[Heading inserted in Gazette 24 Aug 2007 p. 4285.]

6.32. Registered training organisation to retain records etc.

(1) If a registered training organisation provides training in high
risk work to a person and the person’s competency to do that
work is subsequently assessed by an assessor employed or
otherwise engaged by the registered training organisation to
make that assessment, the registered training organisation must
retain all records relating to the training and assessment of the
person for 5 years after the assessment is made.
(2) At the request of an inspector, a registered training organisation
must produce records held under subregulation (1).
Penalty: the regulation 1.16 penalty.

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[Regulation 6.32 inserted in Gazette 24 Aug 2007 p. 4285.]

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Part 7 — Repeal, savings and transitional

Division 1 — Original repeal, savings and
transitional provisions
[Heading inserted in Gazette 24 Aug 2007 p. 4285.]

7.1. Terms used

In this Division, unless the contrary appears —
classified plant has the meaning that it has in regulation 103 of
the repealed regulations and includes plant which, under those
regulations, were deemed to comply with those regulations;
commencement means the commencement of these regulations;
designated plant has the meaning that it has in regulation 103 of
the repealed regulations;
repealed regulations means the regulations repealed by
regulation 7.3.
[Regulation 7.1 amended in Gazette 24 Aug 2007 p. 4285.]

7.2. Interpretation Act 1984 applies

This Division does not limit the operation of the Interpretation
Act 1984.
[Regulation 7.2 amended in Gazette 24 Aug 2007 p. 4286.]

7.3. Repeal
The Occupational Safety and Health Regulations 1988 are
repealed.

7.4. Audiograms recorded under certain repealed regulations,

disclosure of restricted
(1) In this regulation —
audiogram includes a copy of an audiogram recorded under the
Noise Abatement (Hearing Conservation in Workplaces)

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Regulations 1983 5 and any written details or information

including test results or details of a computer code, relating to,
identifying or derived from an audiogram so recorded, other
than any statistical summary referred to in regulation 27 of
those regulations or a copy of such a statistical summary.
(2) Except as provided in subregulation (3), a person must not
communicate —
(a) the contents of, or any information on the contents of, an
audiogram recorded under the Noise Abatement
(Hearing Conservation in Workplaces)
Regulations 1983 5; or
(b) any information which enables or assists a person to
gain access to the contents of or any information on the
contents of an audiogram recorded under those
regulations.
Penalty:
(a) in the case of an individual —
(i) for a first offence, $2 000; and
(ii) for a subsequent offence, $2 500;
or
(b) in the case of a body corporate —
(i) for a first offence, $4 000; and
(ii) for a subsequent offence, $5 000.
(3) A person may make a communication referred to in
subregulation (2) if it is made —
(a) by, to, or with the written consent of, or at the written
request of the person to whom the audiogram relates; or
(b) in accordance with the written approval of the
Commissioner.
[Regulation 7.4 amended in Gazette 14 Dec 2004 p. 6016.]

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7.5. Designated plant of accepted design as at 1 Oct 1996 deemed

to be registered for Part 4 Div. 2
(1) If —
(a) immediately before the commencement —
(i) designated plant was of a design which had been
accepted by the Commissioner under
regulation 603 of the repealed regulations and
the design of the plant included such
modifications (if any) as had been required by
the Commissioner for the acceptance of the
design; or
(ii) under the repealed regulations plant was deemed
to comply with those regulations,
and
(b) the plant referred to in paragraph (a)(i) or (ii) is also of a
kind set out in Schedule 4.1,
then, on the commencement, the design for that plant is to be
treated as being registered for the purposes of Division 2 of
Part 4.
(2) On the commencement, the identification number which had
been assigned to the design for the plant referred to in
subregulation (1)(a)(i) or (ii) is to be treated as the design
registration number issued under regulation 4.10 for the plant
design.
[7.6. Deleted in Gazette 24 Aug 2007 p. 4286.]
7.7. Classified plant with current certificate of inspection as at
1 Oct 1996 deemed to be registered for Part 4 Div. 2
(1) If, immediately before the commencement, a certificate of
inspection was current in respect of any classified plant and that
plant is also an individual item of plant of a kind set out in
Schedule 4.2 then, on the commencement, the classified plant is
to be treated as being a registered item of plant for the purposes
of Division 2 of Part 4.

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(2) On the commencement —

(a) the limitations, restrictions or conditions (if any) which
had been endorsed on the certificate of inspection
relating to an item of classified plant referred to in
subregulation (1) are to be treated as conditions imposed
under regulation 4.17(1)(b); and
(b) the identification number which had been assigned to an
item of classified plant referred to in subregulation (1) is
to be treated as the registration number issued under
regulation 4.19 for that item.
7.8. Certain designated plant inspected as at 1 Oct 1996 deemed
to be registered for Part 4 Div. 2
(1) If, immediately before the commencement, designated plant to
which Part B of Schedule 4 of the repealed regulations applied
had been inspected in accordance with regulation 603A of the
repealed regulations and that plant is also an individual item of
plant of a kind set out in Schedule 4.2 then, on the
commencement, the plant is to be treated as being a registered
item of plant for the purposes of Division 2 of Part 4.
(2) On the commencement the identification number which had
been assigned to an item of designated plant referred to in
subregulation (1) is to be treated as the registration number
issued under regulation 4.19 for that item.
Division 2 — Savings and transitional provisions relating to
the Occupational Safety and Health Amendment Regulations
(No. 3) 2007
[Heading inserted in Gazette 24 Aug 2007 p. 4286.]
Subdivision 1 — Preliminary
[Heading inserted in Gazette 24 Aug 2007 p. 4286.]
7.9. Terms used
(1) In this Division —
certificate of competency has the meaning that was given in
regulation 6.1(1) of the former regulations and includes a

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certificate of competency treated under regulation 7.10 of those

regulations as a certificate of competency for the purposes of
Part 6 of those regulations;
commencement day means the day on which the Occupational
Safety and Health Amendment Regulations (No. 3) 2007
regulation 9 came into operation 1;
documentary evidence of forklift competency, in relation to a
person, means documentary evidence that the person satisfies
the competency requirements of the National Guidelines for
Occupational Health and Safety Competency Standards for the
Operation of Loadshifting Equipment and Other Types of
Specified Equipment [NOHSC: 7019 (1992)] for loadshifting
equipment;
forklift truck has the meaning given in Schedule 6.3 clause 8;
forklift work means high risk work of a class —
(a) listed in column 2 of the Table in Schedule 6.3 clause 9;
and
(b) described in column 3 of the Table;
former regulations means these regulations as in force
immediately before the commencement day;
high risk work has the meaning given in regulation 6.1(1);
high risk work (interstate) licence has the meaning given in
regulation 6.1(1);
high risk work (WA) licence has the meaning given in
regulation 6.1(1);
industrial equipment means equipment to which the national
standard applies;
national standard means the National Occupational Health and
Safety Certification Standard for Users and Operators of
Industrial Equipment [NOHSC: 1006 (2001)];
notice of satisfactory assessment has the meaning given in
regulation 6.1(1);

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prescribed work means work to which the national standard

applies;
transition period, in relation to a certificate of competency, or
documentary evidence of forklift competency, means the period
applying under regulation 7.11;
work that the person was authorised to do —
(a) in relation to a certificate of competency, means —
(i) the prescribed work specified in the certificate;
or
(ii) use or operation of industrial equipment
specified in the certificate;
and
(b) in relation to documentary evidence of forklift
competency, means operation of a forklift truck of a
type specified in the documentary evidence.
(2) In this Division, an application is finalised —
(a) when, in the ordinary course of events, notice of the
Commissioner’s decision on the application would have
been received by the applicant; or
(b) when the applicant withdraws or is taken to have
withdrawn the application.
(3) In this Division, a person holds a high risk work licence for a
class of high risk work if the person is authorised under the
licence to do high risk work of that class.
[Regulation 7.9 inserted in Gazette 24 Aug 2007 p. 4286-8.]

7.10. Interpretation Act 1984, application of

The provisions of this Division do not prejudice or affect the
application of the Interpretation Act 1984 to and in relation to
the repeals effected by the Occupational Safety and Health
Amendment Regulations (No. 3) 2007.
[Regulation 7.10 inserted in Gazette 24 Aug 2007 p. 4288.]

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Subdivision 2 — Conversion to high risk work licence

[Heading inserted in Gazette 24 Aug 2007 p. 4289.]

7.11. Evidence of forklift competency, transition period for

(1) The transition period for a certificate of competency, or for
documentary evidence of forklift competency, issued —
(a) before 1 January 1996 is the period beginning on the
commencement day and ending on 30 September 2008;
(b) between 1 January 1996 and 31 December 1998 is the
period beginning on the commencement day and ending
on 30 June 2009;
(c) between 1 January 1999 and 31 December 2001 is the
period beginning on the commencement day and ending
on 30 June 2010;
(d) between 1 January 2002 and 31 December 2004 is the
period beginning on the commencement day and ending
on 30 June 2011;
(e) after 31 December 2004 and before the commencement
day is the period beginning on the commencement day
and ending on 30 June 2012.
(2) The Commissioner may, by notice in the Gazette, extend a
transition period for certificates of competency issued —
(a) in another State or a Territory; and
(b) during a particular period.
[Regulation 7.11 inserted in Gazette 24 Aug 2007 p. 4289.]

7.12. Certificate of competency, effect of in transition period

(1) During the transition period for a certificate of competency —
(a) the holder of the certificate may do the work that the
holder was authorised to do under the certificate; and
(b) regulation 6.2(1) does not apply to the holder’s
performance of the work.

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(2) If the holder applies for a high risk work (WA) licence under
regulation 7.16(1) and the application is not finalised,
regulation 6.2(1) does not apply to the holder’s performance of
the work that the holder was authorised to do under the
certificate.
[Regulation 7.12 inserted in Gazette 24 Aug 2007 p. 4290.]

7.13. Forklift, operating in transition period

(1) During the transition period for documentary evidence of
forklift competency —
(a) the person who has the documentary evidence may do
the work that the person was authorised to do under the
documentary evidence; and
(b) regulation 6.2(1) does not apply to the person’s
performance of the work.
(2) If the person applies for a high risk work (WA) licence under
regulation 7.16(2) and the application is not finalised,
regulation 6.2(1) does not apply to the person’s performance of
the work that the person was authorised to do under the
documentary evidence.
[Regulation 7.13 inserted in Gazette 24 Aug 2007 p. 4290.]

7.14. Suspending and cancelling certificate of competency in

transition period, Commissioner’s powers as to
(1) During the transition period for a certificate of competency
issued in this State, the Commissioner may suspend or cancel
the certificate, either wholly or in part — 
(a) in accordance with the national standard; or
(b) if the Commissioner is requested in writing to do so by
the holder of the certificate.
(2) If the Commissioner suspends or cancels a certificate of
competency under this regulation, the Commissioner is to give
the holder of the certificate written notice of the suspension or
cancellation, as the case requires.

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(3) Suspension under this regulation has effect —

(a) from the time specified in the written notice, which is to
be no earlier than when, in the ordinary course of events,
the notice would have been received by the holder; and
(b) for the period or until the happening of the event
specified in the written notice.
(4) Cancellation under this regulation has effect from the time
specified in the written notice, which is to be no earlier than
when, in the ordinary course of events, the notice would have
been received by the holder.
[Regulation 7.14 inserted in Gazette 24 Aug 2007 p. 4290- 1;
amended in Gazette 15 May 2009 p. 1644.]

7.15. Forklift, Commissioner may stop person operating in

transition period
(1) During the transition period for documentary evidence of
forklift competency, the Commissioner may direct that
regulation 7.13(1) does not apply to the performance of the
work that the person was authorised to do under the
documentary evidence if the Commissioner is satisfied that the
person no longer satisfies the competency requirements of the
National Guidelines for Occupational Health and
Safety Competency Standards for the Operation of Loadshifting
Equipment and Other Types of Specified Equipment
[NOHSC: 7019 (1992)] for loadshifting equipment.
(2) A direction under this regulation has effect —
(a) from the time specified by the Commissioner, which is
to be no earlier than when, in the ordinary course of
events, notice of the direction would have been received
by the person; and
(b) if so directed by the Commissioner — for the period, or
until the happening of the event, specified by the
Commissioner.
[Regulation 7.15 inserted in Gazette 24 Aug 2007 p. 4291- 2.]

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7.16. Licence, application for in transition period

(1) During the transition period for a certificate of competency, the
holder of the certificate may apply for a licence for the class or
classes of high risk work corresponding to the work that the
holder was authorised to do under the certificate.
(2) During the transition period for documentary evidence of
forklift competency, the person who has the documentary
evidence may apply for a licence for the class or classes of
forklift work corresponding to the work that the person was
authorised to do under the documentary evidence.
(3) An application under subregulation (1) or (2) must be made to
the Commissioner in an approved form and be accompanied by
the application fee set out in Schedule 6.4.
(4) After receiving an application the Commissioner may in writing
direct the applicant to provide additional information within the
period specified in the direction.
(5) If an applicant fails to comply with a direction under
subregulation (4), the applicant is to be taken to have withdrawn
the application.
[Regulation 7.16 inserted in Gazette 24 Aug 2007 p. 4292.]

7.17. Deciding r. 7.16(1) application for licence etc.

(1) After receiving an application made under regulation 7.16(1),
the Commissioner may grant a licence authorising the applicant
to do high risk work of a class to which the application relates if
the Commissioner is satisfied that the applicant —
(a) does not hold a high risk work (interstate) licence for
that class of work; and
(b) is competent to do high risk work of that class.

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(2) For the purposes of subregulation (1)(b) —

(a) an applicant is to be regarded as being competent to do
high risk work of a particular class (other than the class
listed and described in item 2 of the Table in
Schedule 6.3 clause 7) if the applicant has maintained
the competency required, under the national standard, of
certificate holders for work corresponding to work of
that class; and
(b) an applicant is to be regarded as being competent to do
high risk work of the class listed and described in item 2
of the Table in Schedule 6.3 clause 7 only if —
(i) the applicant has a notice of satisfactory
assessment for that class of work; and
(ii) the notice was issued to the applicant not more
than 60 days before the applicant applies under
regulation 7.16(1).
(3) Despite regulation 7.12(1), if the Commissioner grants or
refuses to grant a licence to the applicant under this regulation
during the transition period for the certificate, regulation 7.12(1)
ceases to apply, when the application is finalised, to the
applicant’s performance of the work that the applicant was
authorised to do under the certificate.
(4) A licence granted under this regulation is to be treated as a
licence granted under regulation 6.6.
(5) For the purposes of applying Part 6 to or in relation to a licence
granted under this regulation, a reference in regulation 6.12(1)
(b) or 6.13(1)(b) to an application made under regulation 6.5 is
to be taken as a reference to an application made under
regulation 7.16(1).
[Regulation 7.17 inserted in Gazette 24 Aug 2007 p. 4293-4.]

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7.18. Forklift licence, deciding r. 7.16(2) application for etc.

(1) After receiving an application made under regulation 7.16(2),
the Commissioner may grant a licence authorising the applicant
to do forklift work of a class to which the application relates if
the Commissioner is satisfied that the applicant —
(a) does not hold a high risk work (interstate) licence for
that class of work; and
(b) is competent to do forklift work of that class.
(2) For the purposes of subregulation (1)(b) —
(a) an applicant is to be regarded as being competent to do
forklift work of a particular class if —
(i) the applicant’s documentary evidence of forklift
competency was issued by a person who was
authorised by the Commissioner to issue the
documentary evidence; and
(ii) the Commissioner is satisfied that the applicant
continues to satisfy the competency requirements
of the National Guidelines for Occupational
Health and Safety Competency Standards for the
Operation of Loadshifting Equipment and Other
Types of Specified Equipment
[NOHSC: 7019 (1992)] for loadshifting
equipment;
and
(b) an applicant is not to be regarded as being competent to
do forklift work of a particular class if the applicant’s
documentary evidence of forklift competency was not
issued by a person who was authorised by the
Commissioner to issue the documentary evidence,
unless —
(i) the applicant has a notice of satisfactory
assessment for that class of work; and

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Part 4 Plant
Division 3 General duties applying to plant
r. 4.34

(ii) the notice was issued to the person not more than
60 days before the person applies under
regulation 7.16(2).
(3) Despite regulation 7.13(1), if the Commissioner grants or
refuses to grant a licence to the applicant under this regulation
during the transition period, regulation 7.13(1) ceases to apply,
when the application is finalised, to the applicant’s performance
of the work that the applicant was authorised to do under the
documentary evidence.
(4) A licence granted under this regulation is to be treated as a
licence granted under regulation 6.6.
(5) For the purposes of applying Part 6 to or in relation to a licence
granted under this regulation, a reference in regulation 6.12(1)
(b) or 6.13(1)(b) to an application made under regulation 6.5 is
to be taken as a reference to an application made under
regulation 7.16(2).
[Regulation 7.18 inserted in Gazette 24 Aug 2007 p. 4294-5.]

7.19. Unfinished application as at 1 Oct 2007 for certificate of

competency
(1) This regulation applies to an application for a certificate of
competency that was made under Part 6 of the former
regulations but was not decided on before the commencement
day.
(2) An application to which this regulation applies is to be dealt
with under regulation 6.6 as if it were an application, made
under regulation 6.5, for a licence for the class or classes of high
risk work corresponding to the work for which the applicant
sought the certificate of competency.
[Regulation 7.19 inserted in Gazette 24 Aug 2007 p. 4296.]

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 Occupational Safety and Health Regulations 1996
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General duties applying to plant Division 3
r. 4.35

Subdivision 3 — Assessors
[Heading inserted in Gazette 24 Aug 2007 p. 4296.]

7.20. Assessor as at 1 Oct 2007, status of etc.

(1) In this regulation —
existing assessor means a person who, immediately before the
commencement day, was an assessor as defined in
regulation 6.1(1) of the former regulations and includes a person
treated under regulation 7.11 of those regulations as an assessor.
(2) On and from the commencement day, an existing assessor is to
be treated as an assessor registered under regulation 6.22 in
respect of the class or classes of high risk work corresponding to
the work in relation to which, immediately before the
commencement day, the assessor had authority to make
assessments.
(3) For the purposes of applying Part 6 to or in relation to an
existing assessor, the following modifications apply —
(a) the requirement under regulation 6.26(a) to continue to
hold a high risk work licence for a class of high risk
work is satisfied if, before the renewal, the assessor is
granted a licence for that class of work under
regulation 7.17;
(b) regulation 6.27(1) does not apply and instead the
registration of the assessor —
(i) takes effect on the commencement day; and
(ii) expires on the day on which the assessor’s
registration under the former regulations would
have expired had the Occupational Safety and
Health Amendment Regulations (No. 3) 2007
regulation 9 not come into operation;
(c) until the assessor is granted a high risk work licence
under regulation 7.17 —
(i) regulations 6.28(1)(b) and 6.29(1)(b) do not
apply; and

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r. 4.34

(ii) instead the Commissioner may suspend or cancel

the assessor’s registration in respect of a
particular class of high risk work if the
Commissioner is satisfied that the assessor no
longer holds a certificate of competency for the
work corresponding to high risk work of that
class;
(d) a reference in regulation 6.28(1)(d) or 6.29(1)(d) to an
application made under regulation 6.21 is to be taken as
a reference to an application made under Part 6 of the
former regulations in connection with the assessor’s
registration.
[Regulation 7.20 inserted in Gazette 24 Aug 2007 p. 4296-7.]

7.21. Assessor of forklift competency as at 1 Oct 2007, status of

etc.
(1) In this regulation —
existing assessor of forklift competency means a person who,
immediately before the commencement day, was authorised by
the Commissioner to issue documentary evidence of forklift
competency.
(2) On and from the commencement day, an existing assessor of
forklift competency is to be treated as an assessor registered
under regulation 6.22 in respect of the class or classes of forklift
work corresponding to the work in relation to which,
immediately before the commencement day, the assessor was
authorised to issue documentary evidence of forklift
competency.
(3) For the purposes of applying Part 6 to or in relation to an
existing assessor of forklift competency, the following
modifications apply —
(a) the requirement under regulation 6.26(a) to continue to
hold a high risk work licence for a class of high risk
work is satisfied if, before the renewal, the assessor is

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General duties applying to plant Division 3
r. 4.35

granted a licence for that class of work under

regulation 7.18;
(b) regulation 6.27(1) does not apply and instead the
registration of the assessor —
(i) takes effect on the commencement day; and
(ii) expires on the day specified by the
Commissioner, when the assessor was last
authorised before the commencement day to
issue documentary evidence of forklift
competency, as the day on which the authority
was to expire;
(c) until the assessor is granted a high risk work licence
under regulation 7.18 —
(i) regulations 6.28(1)(b) and 6.29(1)(b) do not
apply; and
(ii) instead the Commissioner may suspend or cancel
the assessor’s registration in respect of a
particular class of forklift work if the
Commissioner is satisfied that the assessor is no
longer competent to do forklift work of that
class;
(d) a reference in regulation 6.28(1)(d) or 6.29(1)(d) to an
application made under regulation 6.21 is to be taken as
a reference to an application made to the Commissioner
in connection with the assessor’s authority to issue
documentary evidence of forklift competency.
[Regulation 7.21 inserted in Gazette 24 Aug 2007 p. 4298- 9.]

7.22. Unfinished application as at 1 Oct 2007 for registration as

an assessor
(1) This regulation applies to an application for registration as an
assessor that was made under Part 6 of the former regulations
but was not decided on before the commencement day.

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Part 4 Plant
Division 3 General duties applying to plant
r. 4.34

(2) An application to which this regulation applies is to be dealt

with under regulation 6.22 as if it were an application, made
under regulation 6.21, for registration as an assessor in respect
of the class or classes of high risk work corresponding to the
work in relation to which the applicant sought registration under
the former regulations.
(3) For the purposes of deciding on an application to which this
regulation applies, the requirement under regulation 6.22(2)(a)
to hold a high risk work licence is satisfied if the applicant holds
a certificate of competency for the work in relation to which the
applicant sought registration under the former regulations.
(4) For the purposes of applying Part 6 to or in relation to an
assessor registered in accordance with this regulation, the
following modifications apply —
(a) the requirement under regulation 6.26(a) to continue to
hold a high risk work licence for a class of high risk
work is satisfied if, before the renewal, the assessor is
granted a licence for that class of work under
regulation 7.17;
(b) until the assessor is granted a high risk work licence
under regulation 7.17 —
(i) regulations 6.28(1)(b) and 6.29(1)(b) do not
apply; and
(ii) instead the Commissioner may suspend or cancel
the assessor’s registration in respect of a
particular class of high risk work if the
Commissioner is satisfied that the assessor no
longer holds a certificate of competency for the
work corresponding to high risk work of that
class.
[Regulation 7.22 inserted in Gazette 24 Aug 2007
p. 4299- 300.]

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 Occupational Safety and Health Regulations 1996
Guidelines and forms of guidance to be available for Schedule
access by persons working at workplaces 3.1

Schedule 1 — Australian Standards and Australian/New

Zealand Standards
[r. 1.3]
[Heading inserted in Gazette 28 Nov 2008 p. 5032.]
Item AS or AS/NZS Title Regulation
Number Reference
1 AS/NZS 1200:2000 Pressure equipment 4.1, 4.43, Sch.
4.3
2 AS/NZS 1269 Occupational noise 3.45, 3.47
management
AS/NZS 1269.1:2005 Occupational noise
management — Measurement
and assessment of noise
immission and exposure
AS/NZS 1269.3:2005 Occupational noise
management — Hearing
protector program
3 AS 1319-1994 Safety signs for the 1.3, 3.11,
occupational environment 3.34, 3.36, 4.1
4 AS/NZS 1337:1992 Eye protectors for industrial 3.33
applications
5 AS/NZS 1338:1992 Filters for eye protectors 3.33
6 AS 1418 Cranes (including hoists and 4.54, Sch. 4.3
winches)
AS 1418.1-2002 Cranes, hoists and winches —
General requirements
AS 1418.2-1997 Serial hoists and winches
AS 1418.3-1997 Bridge, gantry, portal
(including container cranes)
and jib cranes
AS 1418.4-2004 Cranes, hoists and winches —
Tower cranes
AS 1418.5-2002 Mobile cranes

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Schedule 2 Forms relating to general provisions

Item AS or AS/NZS Title Regulation

Number Reference
AS 1418.6-2004 Cranes, hoists and winches —
Guided storing and retrieving
appliances
AS 1418.7-1999 Builders’ hoists and associated
equipment
AS 1418.8-2008 Special purpose appliances
AS/NZS 1418.9:1996 Vehicle hoists
AS 1418.10(Int)-2004 Cranes, hoists and winches —
Elevating work platforms
AS 1418.11-2007 Cranes, hoists and winches —
Vehicle-loading cranes
AS 1418.12-1991 Crane collector systems
AS 1418.13-1996 Building maintenance units
AS 1418.14-1996 Requirements for cranes
subject to arduous working
conditions
AS 1418.15-1994 Concrete placing equipment
AS 1418.16-1997 Mast climbing work platforms
AS 1418.17-1996 Design and construction of
workboxes
AS 1418.18-2001 Crane runways and monorails
7 AS/NZS 1576 Scaffolding 3.67, 3.72,
3.128, Sch.
4.3
AS/NZS 1576.1:1995 General requirements
AS 1576.2-1991 Couplers and accessories
AS/NZS 1576.3:1995 Prefabricated and
tube-and-coupler scaffolding
AS 1576.4-1991 Suspended scaffolding
AS/NZS 1576.5:1995 Prefabricated splitheads and
trestles

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Guidelines and forms of guidance to be available for Schedule
access by persons working at workplaces 3.1

Item AS or AS/NZS Title Regulation

Number Reference
AS/NZS 1576.6:2000 Metal tube-and-coupler
scaffolding — Deemed to
comply with AS/NZS 1576.3
8 AS 1636-1996 Agricultural wheeled 4.44
tractors — Roll-over protective
structures — Criteria and tests
9 AS 1674 Safety in welding and allied 3.96
processes
AS 1674.1-1997 Fire precautions
AS 1674.2-2007 Safety in welding and allied
processes — Electrical
10 AS/NZS 1715:2009 Selection, use and maintenance 3.37, 3.40,
of respiratory protective 3.42
devices
11 AS/NZS 1716:2003 Respiratory protective devices 3.40, 3.42
12 AS 1735 Lifts, escalators, and moving 4.56, Sch. 4.3
walks (known as the SAA Lift
Code)
AS 1735.1-2003 Lifts, escalators and moving
walks — General requirements
AS 1735.2-2001 Passenger and goods lifts —
Electric
AS 1735.3-2002 Lifts, escalators and moving
walks — Passenger and goods
lifts — Electrohydraulic
AS 1735.4-1986 Service lifts — Power-operated
AS 1735.5-2003 Lifts, escalators and moving
walks — Escalators and
moving walks
(BS EN 115:1995, MOD)
AS 1735.7-1998 Stairway lifts
AS 1735.8-1986 Inclined lifts
AS 1735.9-1994 Special purpose industrial lifts

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Schedule 2 Forms relating to general provisions

Item AS or AS/NZS Title Regulation

Number Reference
AS 1735.10(Int)-1998 Tests
AS 1735.11-1986 Fire-rated landing doors
AS 1735.12-1999 Facilities for persons with
disabilities
AS 1735.13-1986 Lifts for persons with limited
mobility — Manually powered
AS 1735.14-1998 Low-rise platforms for
passengers
AS 1735.15-2002 Lifts for people with limited
mobility — Restricted use —
Non-automatically controlled
AS 1735.16-1993 Lifts for persons with limited
mobility — Restricted use —
Automatically controlled
AS 1735.17-1995 Lifts for people with limited
mobility — Restricted use —
Water-drive
AS/NZS 1735.18:2002 Passenger lifts for private
residence — Automatically
controlled
13 AS/NZS 1801:1997 Occupational protective 3.33, 3.36
helmets
14 AS/NZS 1873 Powder-actuated (PA) 4.51
hand-held fastening tools 
AS/NZS 1873.1:2003 Powder-actuated (PA)
hand-held fastening tools —
Selection, operation and
maintenance
AS/NZS 1873.2:2003 Powder-actuated (PA)
hand-held fastening tools —
Design and construction
AS/NZS 1873.3:2003 Powder-actuated (PA)
hand-held fastening tools —
Charges

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Guidelines and forms of guidance to be available for Schedule
access by persons working at workplaces 3.1

Item AS or AS/NZS Title Regulation

Number Reference
AS/NZS 1873.4:2003 Powder-actuated (PA)
hand-held fastening tools —
Fasteners
15 AS/NZS 1892 Portable ladders 3.26
AS/NZS 1892.1:1996 Metal
AS 1892.2-1992 Timber
16 AS 2030 The verification, filling, 4.1, 4.43, Sch.
inspection, testing and 4.2, Sch. 4.3
maintenance of cylinders for
storage and transport of
compressed gases
AS 2030.1-2009 Cylinders for compressed gases
other than acetylene
AS 2030.2-1996 Cylinders for dissolved
acetylene
AS 2030.4-1985 Welded cylinders — Insulated
AS 2030 Foreign gas cylinder
Supplement 1-1986 specifications
17 AS 2106.0-2005 Methods for the determination 3.99
of the flash point of flammable
liquids (closed cup) — General
18 AS/NZS 2161 Occupational protective gloves 3.33
AS/NZS 2161.1:2000 Selection, use and maintenance
AS/NZS 2161.2:2005 Occupational protective
gloves — General requirements
AS/NZS 2161.3:2005 Occupational protective
gloves — Protection against
mechanical risks
AS/NZS 2161.4:1999 Protection against thermal risks
(heat and fire)
AS/NZS 2161.5:1998 Protection against cold

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Schedule 2 Forms relating to general provisions

Item AS or AS/NZS Title Regulation

Number Reference
AS 2161.6-2003 Occupational protective
gloves — Protective gloves for
firefighters — Laboratory test
methods and performance
requirements
AS/NZS 2161.7.1:1998 Protection against cuts and
stabs by hand knives —
Chainmail gloves and arm
guards
AS/NZS 2161.8:2002 Protection against ionizing
radiation and radioactive
contamination
AS/NZS 2161.9:2002 Method of measurement and
evaluation of the vibration
transmissibility of gloves at the
palm of the hand
AS/NZS 2161.10.1:2005 Occupational protective
gloves — Protective gloves
against chemicals and
micro-organisms —
Terminology and performance
requirements
AS/NZS 2161.10.2:2005 Occupational protective
gloves — Protective gloves
against chemicals and
micro-organisms —
Determination of resistance to
penetration
AS/NZS 2161.10.3:2005 Occupational protective
gloves — Protective gloves
against chemicals and
micro-organisms —
Determination of resistance to
permeation by chemicals
19 AS/NZS 2208:1996 Safety glazing materials in 3.104
buildings

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Guidelines and forms of guidance to be available for Schedule
access by persons working at workplaces 3.1

Item AS or AS/NZS Title Regulation

Number Reference
20 AS/NZS 2210 Occupational protective 3.33
footwear
AS/NZS 2210.1:1994 Guide to selection care and use
AS/NZS 2210.2:2000 Requirements and test methods
AS/NZS 2210.3:2000 Specification for safety
footwear
AS/NZS 2210.4:2000 Specification for protective
footwear
AS/NZS 2210.5:2000 Specification for occupational
footwear
AS/NZS 2210.6:2001 Additional requirements and
test methods
AS/NZS 2210.7:2001 Additional specifications for
safety footwear
AS/NZS 2210.8:2001 Additional specifications for
protective footwear
AS/NZS 2210.9:2001 Additional specifications for
occupational footwear
21 AS/NZS 2211 Laser safety 4.49
AS/NZS 2211.1:2004 Safety of laser products —
Equipment classification,
requirements and user’s guide
(IEC 60825-1:2001, MOD)
AS/NZS 2211.10:2004 Safety of laser products —
Application guidelines and
explanatory notes to AS/NZS
2211.1 (IEC TR
60825-10:2002, MOD)
22 AS 2268-1979 Electrostatic paint and powder 3.101
spray guns for explosive
atmospheres
23 AS 2294 Earth-moving machinery — 4.44, 4.45
Protective structures

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Occupational Safety and Health Regulations 1996
Schedule 2 Forms relating to general provisions

Item AS or AS/NZS Title Regulation

Number Reference
AS 2294.1-1997 Earth-moving machinery —
Protective structures —
General
AS 2294.1 Earth-moving machinery —
Supplement 1-2003 Protective structures —
General — Operator protective
structures fitted to plant used in
timber industry (forest
operations) (Supplement to
AS 2294.1-1997)
AS 2294.2-1997 Earth-moving machinery —
Protective structures —
Laboratory tests and
performance requirements for
roll-over protective structures
AS 2294.3-1997 Earth-moving machinery —
Protective structures —
Laboratory tests and
performance requirements for
falling-object protective
structures
AS 2294.4-1997 Earth-moving machinery —
Protective structures —
Specifications for
deflection-limiting volume
24 AS/NZS 2299 Occupational diving operations 3.29
AS/NZS 2299.1:1999 Occupational diving
operations — Standard
operational practice
AS/NZS 2299.1 Standard operational
Supplement 1:1999 practice — AS/NZS 2299
Diving Medical Examination
Forms

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 Occupational Safety and Health Regulations 1996
Guidelines and forms of guidance to be available for Schedule
access by persons working at workplaces 3.1

Item AS or AS/NZS Title Regulation

Number Reference
25 AS/NZS ISO 2801: 2008 Clothing for protection against 3.33
heat and flame — General
recommendations for selection,
use, care and maintenance
26A AS/NZS 4501.1:2008 Occupational protective 3.33
clothing — Guidelines on the
selection, use, care and
maintenance of protective
clothing
26 AS 2397-1993 Safe use of lasers in the 4.49
building and construction
industry
27 AS 2444-2001 Portable fire extinguishers and 3.9
fire blankets — Selection and
location
28 AS 2550 Cranes — Safe use 4.54
AS 2550.1-2002 General requirements
AS 2550.3-2002 Bridge, gantry, portal
(including container cranes), jib
and monorail cranes
AS 2550.4-2004 Cranes, hoists and winches —
Safe use — Tower cranes
AS 2550.5-2002 Mobile cranes
AS 2550.6-1995 Guided storing and retrieving
appliances
AS 2550.7-1996 Builders’ hoists and associated
equipment
AS/NZS 2550.9:1996 Vehicle hoists
AS/NZS 2550.10-2006 Cranes, hoists and winches —
Safe use — Mobile elevating
work platforms
AS 2550.11-2004 Cranes, hoists and winches —
Safe use — Vehicle-loading
cranes

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Occupational Safety and Health Regulations 1996
Schedule 2 Forms relating to general provisions

Item AS or AS/NZS Title Regulation

Number Reference
AS 2550.13-1997 Building maintenance units
AS 2550.15-1994 Concrete placing equipment
AS 2550.16-1997 Mast climbing work platforms
29 AS 2593-2004 Boilers — Safety management 4.43
and supervision systems
30 AS 2601-2001 Demolition of structures 3.119, 3.120,
3.122, 3.123,
3.124, 3.125
31 AS/NZS 2604:1998 Sunscreen products — 3.33
Evaluation and classification
32 AS/NZS 2865:2001 Safe working in a confined 3.85
space
33 AS 2971-2007 Serially produced pressure Sch. 4.2
vessels
34 AS 2985-2004 Workplace atmospheres — 3.37
Method for sampling and
gravimetric determination of
respirable dust
35 AS/NZS 3000:2007 Electrical installations (known 3.101, 4.27
as the Australian/New Zealand
Wiring Rules)
36 AS/NZS 3012:2003 Electrical installations — 3.58, 3.60,
Construction and demolition 3.61, 3.62,
sites 3.63, 3.64
37 AS/NZS Safety of power transformers, 3.60
61558.2.23:2001 power supply units and similar
devices — Particular
requirements for transformers
for construction sites (IEC
61558-2-23:2000, MOD)
38 AS/NZS 3509:2009 LP gas fuel vessels for Sch. 4.2, Sch.
automotive use 4.3
39 AS 3533 Amusement rides and devices 4.52, Sch. 4.1,
Sch. 4.2, Sch.
4.3

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Guidelines and forms of guidance to be available for Schedule
access by persons working at workplaces 3.1

Item AS or AS/NZS Title Regulation

Number Reference
AS 3533.1-1997 Amusement rides and
devices — Design and
construction
AS 3533.1 Amusement rides and
Supplement 1-2003 devices — Design and
construction — Intrinsic safety
(Supplement to
AS 3533.1-1997)
AS 3533.2-1997 Amusement rides and
devices — Operation and
maintenance
AS 3533.2 Amusement rides and
Supplement 1-1997 devices — Operation and
maintenance — Logbook
(Supplement to
AS 3533.2-1997)
AS 3533.3-2003 Amusement rides and
devices — In-service
inspection
AS 3533.4.1-2005 Amusement rides and
devices — Specific
requirements — Land-borne
inflatable devices
40 AS 3640-2004 Workplace atmospheres — 3.37
Method for sampling and
gravimetric determination of
inhalable dust
41 AS 3765-1990 Clothing for protection against 3.33
hazardous chemicals
42 AS/NZS 3788:2006 Pressure equipment — 4.43
In-service inspection
43 AS 3850-2003 Tilt-up concrete construction 3.88, 3.88B,
3.88C, 3.88D,
3.88E

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Item AS or AS/NZS Title Regulation

Number Reference
44 AS 3873-2001 Pressure equipment — 4.43
Operation and maintenance
45 AS 3892-2001 Pressure equipment — 4.43
Installation
46 AS 3920.1-1993 Assurance of product 4.3, Sch. 4.3
quality — Pressure equipment
manufacture
47 AS/NZS 4114 Spray painting booths 3.100
AS/NZS 4114.1:2003 Spray painting booths,
designated spray painting areas
and paint mixing rooms —
Design, construction and
testing
AS/NZS 4114.2:2003 Spray painting booths,
designated spray painting areas
and paint mixing rooms —
Installation and maintenance
48 AS 4343-2005 Pressure equipment — Hazard 4.1, Sch. 4.1,
levels Sch. 4.2,
Sch. 4.3
49 AS/NZS 4431:1996 Guidelines for safe working on 4.57
new lift installations in new
constructions
50 AS/NZS 4576:1995 Guidelines for scaffolding 3.26
[Schedule 1 inserted in Gazette 28 Nov 2008 p. 5032-41; amended
in Gazette 5 Jun 2009 p. 1880-1; 15 Jan 2010 p. 75; 2 Nov 2010
p. 5499-500.]

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 Occupational Safety and Health Regulations 1996
Guidelines and forms of guidance to be available for Schedule
access by persons working at workplaces 3.1

Schedule 2 — Forms relating to general provisions

Form 1 — Notification of injury
[Regulation 2.4(2)]
Occupational Safety and Health Act 1984
WorkSafe Western Australia Commissioner
PO Box 294 INJURY REPORTING TELEPHONES:
WEST PERTH WA 6872 (08) 9327 8800
Phone: (08)  9327 8777   Fax: (08)  9321 8973 1800 198118
Section 1: Employer Details

Employer Name: Date of Injury:

Workplace Name:
Address: __/__/__

Suburb/Town:
Postcode:
Phone Number: Time of injury:
Fax Number: _ _ : _ _ am
WorkCover Number: _ _ : _ _ pm

Address of workplace
where injury occurred:
Suburb/Town: Postcode:
Phone Number:
Fax Number:
Type of workplace
where injury occurred:
(eg. construction site, panel
beating shop, etc)

Section 2: Details of injured person

Surname: Estimated time

Given Names: person is unable to
Occupation: work: _ _ _ days
Date of Birth: _ _ / _ _ / _ _ Age: _ _ _
Sex: Male:  Female: 

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Occupational Safety and Health Regulations 1996
Schedule 2 Forms relating to general provisions

Section 3: Injury Details

Nature of injury:
Brief description of how injury occurred:

Place injured person removed to:

Name of person reporting accident:

Position:
Phone Number:

Person for liaison:

Phone Number:

OFFICE USE ONLY:

 Nat.
Person receiving report: . . . . . . . . . . . . . . . . . . . . . . .  Loc.
 Ag.
Date: _ _ / _ _ / _ _ Time: . . . . . . . . . . . .  Type

[Form 1 amended in Gazette 7 Jun 2002 p. 2735-6.]

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 Occupational Safety and Health Regulations 1996
Guidelines and forms of guidance to be available for Schedule
access by persons working at workplaces 3.1

Form 2 — Notification of Disease

[Regulation 2.5(2)]
Occupational Safety and Health Act 1984

WorkSafe Western Australia Commissioner

PO Box 294 DISEASE REPORTING TELEPHONES:
WEST PERTH WA 6872 (08) 9327 8800
Phone: (08) 9327 8777 Fax: (08) 9321 8973 1800 198118
Section 1: Employer Details

Employer Name:
Workplace Name:
Address:

Suburb/Town: Postcode:
Phone Number: WorkCover Number:
Fax Number:
Section 2: Details of person affected

Surname:
Given Names:
Occupation:
Date of Birth: _ _ / _ _ / _ _ Age: _ _ _
Sex: Male:  Female: 
Section 3: Diagnosis Details

Name of Disease:
Date of Diagnosis:
Name of Medical Practitioner:
Address:

Suburb/Town: Postcode:
Phone Number:
Fax Number:

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Occupational Safety and Health Regulations 1996
Schedule 2 Forms relating to general provisions

Section 4: Description of work done by affected person.

Section 5:

Name of person reporting disease:

Position:
Phone Number:

Person for liaison:

Phone Number:

[Form 2 amended in Gazette 7 Jun 2002 p. 2736.]

[Form 3 deleted in Gazette 6 Jan 2006 p. 12.]

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 Occupational Safety and Health Regulations 1996
Guidelines and forms of guidance to be available for Schedule
access by persons working at workplaces 3.1

Form 4 — Reference of improvement notice for review

[Regulation 2.8(1)]
Occupational Safety and Health Act 1984 section 51

WorkSafe Western Australia Commissioner

PO Box 294
WEST PERTH WA 6872
Phone: (08) 9327 8777
Fax: (08) 9321 8973

Take notice that I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(print name of person referring notice for review)
refer improvement notice number      
issued by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(inspector)
on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to you for review.
(date notice was issued)

The improvement notice relates to the workplace at:

...............................................................................
(address)
of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(employer)

The notice is to be complied with before . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(compliance date on improvement notice)

I request the review on the following grounds:

...............................................................................
...............................................................................
...............................................................................
...............................................................................

Signature of person referring notice

for review:
Date:
NOTE: A reference of an improvement notice for review must be made to the Commissioner
within the time specified in the notice as the time before which the notice is required to be
complied with [section 51(2)(a) of the Act].

[Form 4 amended in Gazette 7 Jun 2002 p. 2736.]

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 Occupational Safety and Health Regulations 1996
Schedule 2 Forms relating to general provisions

Form 5 — Reference of prohibition notice for review

[Regulation 2.8(2)]
Occupational Safety and Health Act 1984 section 51

WorkSafe Western Australia Commissioner

PO Box 294
WEST PERTH WA 6872
Phone: (08) 9327 8777
Fax: (08) 9321 8973

Take notice that I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(print name of person referring notice for review)
refer prohibition notice number      
issued by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(inspector)
on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to you for review.
(date notice was issued)

The prohibition notice relates to the workplace at:

...............................................................................
(address)
of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(employer)

Activity prohibited: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I request the review on the following grounds:

...............................................................................
...............................................................................
...............................................................................
...............................................................................

Signature of person referring notice

for review:
Date:
NOTE: A reference of a prohibition notice for review must be made to the Commissioner
within 7 days of the issue of the notice or such further time as may be allowed by the
Commissioner [section 51(2)(b) of the Act].

[Form 5 amended in Gazette 7 Jun 2002 p. 2736.]

[Form 6 deleted in Gazette 9 Jul 2010 p. 3247.]

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 Occupational Safety and Health Regulations 1996
Guidelines and forms of guidance to be available for Schedule
access by persons working at workplaces 3.1

Schedule 3.1 — Guidelines and forms of guidance to be

available for access by persons working at workplaces
[Regulation 3.2(e)]
Date of publication in Title
Gazette
30 July 1996 The General Duty of Care in Western
Australian Workplaces
30 July 1996 Election of Safety and Health Representatives,
Representatives and Committees and
Resolution of Issues
30 July 1996 Guidance Note for the Assessment of Health
Risks Arising from the Use of Hazardous
Substances in the Workplace
[NOHSC: 3017 (1994)]
30 July 1996 Guidance Note for the Control of Workplace
Hazardous Substances in the Retail Sector
[NOHSC: 3018 (1994)]
30 July 1996 Guidance Note on the Interpretation of
Exposure Standards for Atmospheric
Contaminants in the Occupational
Environment [NOHSC: 3008 (1995)]
30 July 1996 National Guidelines for Occupational Health
and Safety Competency Standards for the
Operation of Loadshifting Equipment and
Other Types of Specified Equipment
[NOHSC: 7019 (1992)]
30 July 1996 Plant Design: A Guide to Risk Management
for Designers, Manufacturers, Importers,
Suppliers and Installers of Plant (National
Occupational Health and Safety Commission)
30 July 1996 Plant in the Workplace: A Guide to Managing
Risks from Plant in the Workplace for
Employers and Employees (National
Occupational Health and Safety Commission)

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Occupational Safety and Health Regulations 1996
Schedule
6.2 Fees under Part 4 Division 2

Schedule 3.2 — Toxic paint substances

[Regulation 3.99]

Division 1 — Solid components
1. All chromates and dichromates contained in such quantity that
chromium in these forms, calculated as a percentage of the dried
material, exceeds 0.1% by weight.
2. Antimony and compounds of antimony contained in such quantity
that antimony, calculated as a percentage of the dried material,
exceeds 5% by weight.
3. Arsenic and compounds of arsenic contained in such quantity that
arsenic, calculated as a percentage of the dried material, exceeds 0.1%
by weight.
4. Barium and compounds of barium (except barium sulphate and
barium metaborate) contained in such quantity that barium, calculated
as a percentage of the dried material, exceeds 5% by weight.
5. Cadmium and compounds of cadmium contained in such quantity that
cadmium, calculated as a percentage of the dried material, exceeds
0.1% by weight.
6. Lead and compounds of lead contained in such quantity that lead,
calculated as a percentage of the dried material, exceeds 1% by
weight.
7. Mercury and compounds of mercury contained in such quantity that
mercury, calculated as a percentage of the dried material, exceeds
0.1% by weight.
8. Selenium and compounds of selenium contained in such quantity that
selenium, calculated as a percentage of the dried material, exceeds
0.1% by weight.
9. Crystalline silica contained in such quantity that silicon dioxide,
calculated as a percentage of the dried material, exceeds 2% by
weight.

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 Occupational Safety and Health Regulations 1996
Schedule
Fees under Part 5 Division 4 6.2A

Division 2 — Solvent components
1. Benzene in a quantity that, calculated as a percentage of the material
in which it is contained, exceeds 1.5% by volume.
2. Chlorinated hydrocarbons in a quantity that, calculated as a
percentage of the material in which they are contained, exceeds 5% by
weight.
3. Methanol in a quantity that, calculated as a percentage of the material
in which it is contained, exceeds 1% by weight.
4. Nitrobenzene in a quantity that, calculated as a percentage of the
material in which it is contained, exceeds 1% by weight.
5. Pyridine in a quantity that, calculated as a percentage of the material
in which it is contained, exceeds 2% by weight.

Division 3 — Curing agents
1. Accelerators, promoters and catalysts (excluding driers).
2. Formaldehyde in a quantity that, calculated as a percentage of the
material in which it is contained, exceeds 0.2% by weight.
3. Oxalic acid in a quantity that, calculated as a percentage of the
material in which it is contained, exceeds 5% by weight.
4. Raw epoxide resins.
5. Uncombined organic isocyanates (as NCO) in a quantity that,
calculated as a percentage of the material in which they are contained,
exceeds, or may exceed upon normal storage, 0.5% by weight.

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Occupational Safety and Health Regulations 1996
Schedule
6.2 Fees under Part 4 Division 2

Schedule 4.1 — Kinds of plant requiring registration of the

design and alterations to design
[Regulations 4.2, 4.3(1) and 4.12]
Amusement structures within the scope of AS 3533 other than Class 1
devices
Boom-type elevating work platforms
Bridge cranes with a safe working load greater than 10 tonnes, or
which are designed to handle molten metal or dangerous goods
Building maintenance units
Gantry cranes with a safe working load greater than 5 tonnes, or
which are designed to handle molten metal or dangerous goods
Gas cylinders
Hoists, other than elevating work platforms, that have a platform
movement in excess of 2.4 metres and which are designed to lift
people
Lifts
Mast climbing work platforms
Mobile cranes, other than tow trucks, with a safe working load greater
than 10 tonnes
Pre-fabricated scaffolding systems
Pressure equipment categorized as hazard level A, B, C or D
according to the criteria set out in AS 4343, but not pressure piping
Tower cranes
Vehicle hoists which, in order to work, require the supply of energy of
a kind other than, or in addition to, the energy supplied by the
exertion of the body of a human or an animal
Work boxes
[Schedule 4.1 amended in Gazette 17 Dec 1999 p. 6244;
8 Mar 2002 p. 1002; 7 Jun 2002 p. 2738.]

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 Occupational Safety and Health Regulations 1996
Schedule
Fees under Part 5 Division 4 6.2A

Schedule 4.2 — Individual items of plant to be registered

[Regulations 4.14, 4.15 and 4.34(2)]
Amusement structures within the scope of AS 3533 other than Class 1
devices
Boilers categorized as hazard level A, B or C according to the criteria
set out in AS 4343
Building maintenance units
Lifts
Mobile cranes, other than tow trucks, with a safe working load greater
than 10 tonnes
Pressure vessels categorized as hazard level A, B or C according to
the criteria set out in AS 4343, but not —
(a) gas cylinders to which AS 2030 applies; and
(b) LP gas fuel vessels for automotive use to which AS/NZS 3509
applies; and
(c) serially produced vessels to which AS 2971 applies
Tower cranes
Truck-mounted concrete placing units with booms
[Schedule 4.2 amended in Gazette 17 Dec 1999 p. 6244;
8 Mar 2002 p. 1003; 7 Jun 2002 p. 2738; 10 Jan 2003 p. 75.]

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6.2 Fees under Part 4 Division 2

Schedule 4.3 — Standards relating to design and other

requirements in relation to certain plant
[Regulations 4.3(2)(c), 4.23(3)(b), 4.29(c)(i) and 4.33(2)(b)]
[Heading amended in Gazette 3 Jul 2007 p. 3294.]
Standard Plant
AS/NZS 1200 Pressure equipment (known as SAA Boiler Code)
AS 1418 Cranes (including hoists and winches) (known as
SAA Crane Code)
AS/NZS 1576 Scaffolding
AS 1735 Lifts, escalators and moving walks (known as SAA
Lift Code)
AS 2030 The approval, filling, inspection, testing and
maintenance of cylinders for the storage and
transport of compressed gases (known as SAA
Gas Cylinders Code)
AS/NZS 3509 LP gas fuel vessels for automotive use
AS 3533 Amusement rides and devices
AS 3920.1 Assurance of product quality — Pressure equipment
manufacture
AS 4343 Pressure equipment — Hazard levels
[Schedule 4.3 amended in Gazette 17 Dec 1999 p. 6244;
10 Jan 2003 p. 75; 3 Jul 2007 p. 3294.]

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 Occupational Safety and Health Regulations 1996
Schedule
Fees under Part 5 Division 4 6.2A

Schedule 5.1 — Description of ingredients
[Regulation 5.1]

Division 1 — Ingredients of substances that are AC classified

hazardous substances
[Heading inserted in Gazette 10 Dec 2010 p. 6281.]
Type I ingredients
A type I ingredient, of an AC classified hazardous substance, is an
ingredient which is present in a quantity which exceeds the lowest
relevant concentration cut-off level specified for the hazards
classification in the Approved Criteria for Classifying Hazardous
Substances [3rd Edition: NOHSC: 1008 (2004)] and —
(a) is described in the Approved Criteria for Classifying
Hazardous Substances as carcinogenic, mutagenic,
teratogenic, a skin or respiratory sensitiser, corrosive or very
corrosive, toxic or very toxic, a harmful substance which can
cause irreversible effects after acute exposure, or a harmful
substance which can cause serious damage to health after
repeated or prolonged exposure; or
(b) has an exposure standard listed in the National Exposure
Standards [NOHSC: 1003 (1995)].
Type II ingredients
A type II ingredient, of an AC classified hazardous substance, is an
ingredient which is present in a quantity which exceeds the lowest
relevant concentration cut-off level specified for the hazard
classification in the Approved Criteria for Classifying Hazardous
Substances [3rd Edition: NOHSC: 1008 (2004)] and is described in
the Approved Criteria for Classifying Hazardous Substances as a
harmful substance, but which does not meet the criteria in this
Division for a type I ingredient.
Type III ingredients
A type III ingredient, of an AC classified hazardous substance, is an
ingredient which does not meet the criteria in this Division for either a
type I ingredient or a type II ingredient.

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6.2 Fees under Part 4 Division 2

[Division 1 amended in Gazette 7 Jan 2005 p. 77; 10 Dec 2010

p. 6281-2.]

Division 2 — Ingredients of GHS classified hazardous substances

[Heading inserted in Gazette 10 Dec 2010 p. 6282.]

Term used: hazard class

In this Division —
hazard class means a hazard class described in the GHS.

Type I ingredients
A type I ingredient, of a GHS classified hazardous substance, is an
ingredient in a hazard class set out in the Table which is present in a
quantity that exceeds the cut-off values/concentration limit set out in
the Table for that hazard class.
Table

Hazard class Cut-off value/concentration

limit

Acute toxicity (Categories 1, 2

and 3)  1.0%

Skin corrosion (Categories 1,

1A, 1B and 1C)  1.0%

Serious eye damage

(Category 1)  1.0%

Respiratory/skin sensitisation
(Categories 1, 1A and 1B)  0.1%

Germ cell mutagenicity

(Categories 1, 1A and 1B)  0.1%

Germ cell mutagenicity

(Category 2)  1.0%

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Fees under Part 5 Division 4 6.2A

Hazard class Cut-off value/concentration

limit

Carcinogenicity (Categories 1,
1A, 1B and 2)  0.1%

Reproductive toxicity
(Categories 1, 1A, 1B and 2)  0.1%

Specific target organ toxicity

(single exposure) (Categories 1
and 2)  1.0%

Specific target organ toxicity

(repeated exposure)
(Categories 1 and 2)  1.0%

Aspiration hazard (Category 1)  10% of Category 1

ingredient(s) and kinematic
viscosity  20.5 mm2/s at 40°C

Type II ingredients
A type II ingredient, of a GHS classified hazardous substance, is an
ingredient in a hazard class set out in the Table which is present in a
quantity that exceeds the cut-off values/concentration limit set out in
the Table for that hazard class.
Table

Hazard class Cut-off value/concentration

limit

Acute toxicity (Category 4)  1.0%

Skin irritation (Category 2)  1.0%

Serious eye irritation

(Category 2A)  1.0%

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6.2 Fees under Part 4 Division 2

Hazard class Cut-off value/concentration

limit

Specific target organ toxicity

(single exposure) (Category 3)  1.0%

Type III ingredients

A type III ingredient, of a GHS classified hazardous substance, is an
ingredient which does not meet the criteria in this Division for either a
type I ingredient or a type II ingredient.
[Division 2 inserted in Gazette 10 Dec 2010 p. 6282-3.]

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 Occupational Safety and Health Regulations 1996
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Fees under Part 5 Division 4 6.2A

Schedule 5.2 — Hazardous substances prohibited for

specified uses or methods of handling
[Regulation 5.14]

Hazardous substance Prohibited use or handling

Column 1 Column 2

Any substance that consists of or Application by spraying or installation

contains asbestos as insulation

Any material that consists of or High pressure cleaning of any such

contains asbestos material

Installed insulation that consists of Sealing of such insulation

or contains asbestos

A substance that consists of or As an abrasive material in abrasive

contains crystalline silicon dioxide blasting except where less than 2%
dry weight of crystalline silicon
dioxide is present as a contaminant

A recycled material that has not As an abrasive material in dry

been treated to remove respirable abrasive blasting
dust

A substance capable of causing As an abrasive material in dry

harm to the upper respiratory tract abrasive blasting
of a person

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Schedule
6.2 Fees under Part 4 Division 2

Hazardous substance Prohibited use or handling

Column 1 Column 2
Any substance that contains more As an abrasive material in abrasive
than — blasting
0.1% antimony
0.1% arsenic
0.1% beryllium
0.1% cadmium
0.5% chromium
0.5% cobalt
0.1% lead
0.5% nickel
1.0% tin

Any substance that contains As a wet abrasive blasting inhibitor in

chromate, nitrate or nitrite wet abrasive blasting
Polychlorinated biphenyls (PCBs) All uses and handling except for bona
fide research or analysis, handling for
storage awaiting disposal, handling
for removal and disposal, handling for
repairs*, and when contained in
existing electrical equipment and
construction materials
* Repairs in relation to PCBs includes —
(a) the controlled removal of PCBs from a piece of equipment
to undertake repairs followed by the replacement of PCBs
with non-PCB fluid and then the separate disposal of the
PCBs;
(b) the clean-up and disposal of PCBs that have spilled, leaked
or otherwise escaped from the containment;
(c) the clean-up and disposal of materials contaminated with
PCBs during a process referred to in paragraph (a) or (b),
but does not include the return of spilled PCBs back into the
container from which there was an uncontrolled loss of
containment, or into any other container except if placed in that
container for disposal.

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 Occupational Safety and Health Regulations 1996
Schedule
Fees under Part 5 Division 4 6.2A

Schedule 5.3 — Hazardous substances for which health

surveillance is required
[Regulation 5.23(1)]

Hazardous substance Type of health surveillance

acrylonitrile  Demography, occupational and medical

history and health advice.
 Physical examination if indicated.
 Records of personal exposure.

inorganic arsenic  Demography, occupational and medical

history and health advice.
 Physical examination with emphasis on the
peripheral nervous system and skin.
 Urinary total arsenic.
 Records of personal exposure.

asbestos  Demography, occupational and medical

history and health advice.
 Physical examination if indicated.
 Records of personal exposure.

benzene  Demography, occupational and medical

history and health advice.
 Baseline blood sample for haematological
profile.
 Records of personal exposure.

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6.2 Fees under Part 4 Division 2

Hazardous substance Type of health surveillance

cadmium  Demography, occupational and medical
history.
 Health advice, including counselling on
additional cadmium burden from smoking.
 Physical examination with emphasis on the
respiratory system.
 Completion of a standardized respiratory
questionnaire.
 Standardized respiratory function tests such
as FEV1, FVC and FEV1/FVC.
 Urinary cadmium and β2-microglobulin.
 Records of personal exposure.

inorganic chromium  Demography, occupational and medical

history and health advice.
 Physical examination with emphasis on the
respiratory system and skin.
 Weekly skin inspection of hands and
forearms by a responsible person.

creosote  Demography, occupational and medical

history.
 Health advice, including recognition of
photosensitivity and skin changes.
 Physical examination with emphasis on the
neurological system and skin, noting any
abnormal lesions, and evidence of skin
sensitisation.
 Records of personal exposure, including
photosensitivity.

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 Occupational Safety and Health Regulations 1996
Schedule
Fees under Part 5 Division 4 6.2A

Hazardous substance Type of health surveillance

isocyanates  Demography, occupational and medical
history and health advice.
 Completion of a standardized respiratory
questionnaire.
 Physical examination of the respiratory
system and skin.
 Standardized respiratory function tests such
as FEV1, FVC and FEV1/FVC.

inorganic mercury  Demography, occupational and medical

history and health advice.
 Physical examination with emphasis on
neurological, renal and gastrointestinal
systems and skin.
 Urinary inorganic mercury.

4,4’- methylene bis   Demography, occupational and medical

2- chloroaniline history and health advice.
(MOCA)  Urinary total MOCA.
 Dipstick analysis of urine for haematuria.
 Urine cytology.

organophosphate  Demography, occupational and medical

pesticides history and health advice.
 Physical examination.
 Baseline estimation of red cell and plasma
cholinesterase activity levels by the Ellman
method. Estimation of red cell and plasma
cholinesterase activity towards the end of the
working day.

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Occupational Safety and Health Regulations 1996
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6.2 Fees under Part 4 Division 2

Hazardous substance Type of health surveillance

pentachlorophenol  Demography, occupational and medical
(PCP) history and health advice.
 Physical examination with emphasis on skin,
noting any abnormal lesions or effects of
irritancy.
 Urinary total pentacholorophenol.
 Dipstick urinanalysis for haematuria and
proteinuria.
 Records of personal exposure.

polycyclic aromatic  Demography, occupational and medical

hydrocarbons (PAH) history.
 Health advice, including recognition of
photosensitivity and skin changes.
 Physical examination if indicated.
 Records of personal exposure, including
photosensitivity.

crystalline silica  Demography, occupational and medical

history and health advice.
 Completion of a standardized respiratory
questionnaire.
 Standardized respiratory function tests such
as FEV1, FVC and FEV1/FVC.
 Chest X-ray, full size PA view.
 Records of personal exposure.

thallium  Demography, occupational and medical

history and health advice.
 Physical examination if indicated.
 Urinary thallium.

vinyl chloride  Demography, occupational and medical

history and health advice.
 Physical examination if indicated.

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 Occupational Safety and Health Regulations 1996
Schedule
Fees under Part 5 Division 4 6.2A

Hazardous substance Type of health surveillance

 Records of personal exposure.

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Occupational Safety and Health Regulations 1996
Schedule
6.2 Fees under Part 4 Division 2

Schedule 5.4 — Carcinogenic substances to be used only

for bona fide research
[Regulation 5.28]
Note: The number in square brackets is the substance’s chemical abstract number.

2-Acetylaminofluorene [53-96-3]
Aflatoxins
4-Aminodiphenyl [92-67-1]
Benzidine [92-87-5] and its salts (including benzidine dihydrochloride
[531-85-1])
bis(chloromethyl) ether [542-88-1]
Chloromethyl methyl ether [107-30-2] (technical grade containing
bis(chloromethyl) ether)
4-Dimethylaminoazobenzene [60-11-7]
2-Naphthylamine [91-59-8] and its salts
4-Nitrodiphenyl [92-93-3]
[Schedule 5.4 amended in Gazette 30 Dec 2003 p. 5743.]

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 Occupational Safety and Health Regulations 1996
Schedule
Fees under Part 5 Division 4 6.2A

Schedule 5.5 — Carcinogenic substances to be used only

for purposes approved by the Commissioner
[Regulation 5.28]
Note: The substance’s chemical abstract number appears in square brackets.

Acrylonitrile [107-13-1]
Benzene [71-43-2] when used as a feedstock and containing more
than 50% of benzene by volume
Cyclophosphamide [50-18-0] (cytotoxic drug) when used in
preparation for therapeutic use in hospitals and oncological treatment
facilities and in manufacturing operations
3,3-Dichlorobenzidine [91-94-1] and its salts (including
3,3-dichlorobenzidine dihydrochloride [612-83-9]
Diethyl sulfate [64-67-5]
Dimethyl sulfate [77-78-1]
Ethylene dibromide [106-93-4] when used as a fumigant
4,4’-Methylene bis(2-chloroaniline) [101-14-4]-MOCA
Beta-Propiolactone [57-57-8] (2-propiolactone)
o-Toluidine [95-53-4] and o-Toluidine hydrochloride [636-21-5]
Vinyl chloride monomer [75-01-4]
[Schedule 5.5 amended in Gazette 30 Dec 2003 p. 5743.]

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Occupational Safety and Health Regulations 1996
Schedule
6.2 Fees under Part 4 Division 2

Schedule 5.6 — Carcinogenic substances — asbestos

[Regulation 5.28]
Note: The number in square brackets is the substance’s chemical abstract number.

Actinolite asbestos [77536-66-5]

Amosite [12172-73-5] (brown asbestos)
Anthophyllite asbestos [77536-67-5]
Crocidolite [12001-28-4] (blue asbestos)
Chrysotile [12001-29-5] (white asbestos)
Tremolite asbestos [77536-68-6]
[Schedule 5.6 inserted in Gazette 30 Dec 2003 p. 5743.]

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 Occupational Safety and Health Regulations 1996
Schedule
Fees under Part 5 Division 4 6.2A

Schedule 6.1 — Rate payable for assessments and tests

[Regulations 4.5, 4.8, 4.9(b) and 4.18.]
The rate payable for —
(a) the provision of a design verification statement; and
(b) an assessment for the purposes of regulation 4.8 and
regulation 4.18; and
(c) the witnessing of a test specified under regulation 4.7(1)(c)
(ii),
is $32.00 for every quarter hour it takes to prepare the statement or in
which the assessment is conducted or the test is witnessed.
[Schedule 6.1 amended in Gazette 10 Jun 1997 p. 2671; 9 Jun 1998
p. 3144; 2 Jun 2000 p. 2677; 13 Jul 2001 p. 3477; 21 May 2002
p. 2595; 27 Jun 2003 p. 2433; 25 Jun 2004 p. 2294; 28 Jun 2005
p. 2912; 27 Jun 2006 p. 2281; 15 Jun 2007 p. 2793; 17 Jun 2008
p. 2574; 23 Jun 2009 p. 2450; 25 Jun 2010 p. 2885; 22 Jun 2011
p. 2318; 15 Jun 2012 p. 2625; 27 Jun 2013 p. 2693.]

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Occupational Safety and Health Regulations 1996
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6.2 Fees under Part 4 Division 2

Schedule 6.1A — Fees under Part 3 Division 9

[r. 3.116]
[Heading inserted in Gazette 27 Jun 2013 p. 2694.]

1. Application for class 1 demolition work licence

(r. 3.116(1)) $4 304.40
2. Application for class 2 demolition work licence
(r. 3.116(1)) $2 855.00
3. Application for class 3 demolition work licence
(r. 3.116(1)) $1 427.00
[Schedule 6.1A inserted in Gazette 27 Jun 2013 p. 2694.]

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 Occupational Safety and Health Regulations 1996
Schedule
Fees under Part 5 Division 4 6.2A

Schedule 6.2 — Fees under Part 4 Division 2

[r. 4.3(2)(e) and 4.15(2)(d)]
[Heading inserted in Gazette 27 Jun 2013 p. 2694.]

1. Application for registration of plant design (r. 4.3(2)

(e)) $91.50
2. Application for registration or re-registration of an
individual item of plant (r. 4.15(2)(d)) $82.50
[Schedule 6.2 inserted in Gazette 27 Jun 2013 p. 2694.]

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Occupational Safety and Health Regulations 1996
Schedule
6.2 Fees under Part 4 Division 2

Schedule 6.2A — Fees under Part 5 Division 4

[r. 5.44 and 5.45C]
[Heading inserted in Gazette 27 Jun 2013 p. 2695.]

1. Application for unrestricted licence (r. 5.44(1)(a)) $4 398.00

2. Application for restricted licence (r. 5.44(1)(b)) $548.00
3. Application for renewal of unrestricted licence
(r. 5.45C) $4 398.20
4. Application for renewal of restricted licence
(r. 5.45C) $548.00
[Schedule 6.2A inserted in Gazette 27 Jun 2013 p. 2695.]

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 Occupational Safety and Health Regulations 1996
Schedule
High risk work 6.3
Pressure equipment operation Division 6
cl. 11011

Schedule 6.3 — High risk work

[r. 6.1, 6.3, 7.9 and 7.17]
[Heading inserted in Gazette 24 Aug 2007 p. 4301.]

Division 1 — Preliminary
[Heading inserted in Gazette 24 Aug 2007 p. 4301.]

1. Terms used
In this Schedule —
hung scaffold has the meaning given in regulation 3.66;
mast climbing work platform has the meaning given in
regulation 4.1;
materials hoist means a hoist —
(a) made up of a car, bucket or platform that is cantilevered from
and travels up and down the external face of a building or
structure; and
(b) that carries goods or materials but not people;
suspended scaffold has the meaning given in regulation 3.66;
use, in relation to plant, means to work from the plant or to operate
the plant.
[Clause 1 inserted in Gazette 24 Aug 2007 p. 4301.]

Division 2 — Scaffolding work
[Heading inserted in Gazette 24 Aug 2007 p. 4301.]

2. Terms used
In this Division —
cantilevered scaffold has the meaning given in regulation 3.66;
gantry has the meaning given in regulation 3.66;
scaffolding work means erecting, altering or dismantling a temporary
structure that is or has been erected to support a platform and from
which a person or object could fall more than 4 metres;

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Schedule
6.3 High risk work
Division 6 Pressure equipment operation
cl. 11011

spur scaffold has the meaning given in regulation 3.66.

[Clause 2 inserted in Gazette 24 Aug 2007 p. 4301-2.]

3. Scaffolding work, classes of high risk work

Table

Item Class of high Description of class

risk work
1. Scaffolding work, Scaffolding work involving —
basic
(a) pre-fabricated scaffolds; or
(b) cantilevered materials hoists
with a maximum working load
of 500 kg; or
(c) ropes; or
(d) gin wheels; or
(e) safety nets and static lines; or
(f) bracket scaffolds (tank and
formwork).
2. Scaffolding work, (1) Scaffolding work included in the
intermediate class of scaffolding work, basic.
(2) Scaffolding work involving —
(a) cantilevered crane loading
platforms; or
(b) cantilevered scaffolds; or
(c) spur scaffolds; or
(d) barrow ramps and sloping
platforms; or
(e) scaffolding associated with
perimeter safety screens and
shutters; or

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 Occupational Safety and Health Regulations 1996
Schedule
High risk work 6.3
Pressure equipment operation Division 6
cl. 11011

Item Class of high Description of class

risk work
(f) mast climbing work platforms;
or
(g) tube and coupler scaffolds
(including tube and coupler
covered ways and gantries).
3. Scaffolding work, (1) Scaffolding work included in the
advanced class of scaffolding work,
intermediate.
(2) Scaffolding work involving —
(a) hung scaffolds, including
scaffolds hung from tubes,
wire ropes or chains; or
(b) suspended scaffolds.
[Clause 3 inserted in Gazette 24 Aug 2007 p. 4302-3.]

Division 3 — Dogging work and rigging work

[Heading inserted in Gazette 24 Aug 2007 p. 4303.]

4. Terms used
In this Division —
dogging work means —
(a) applying slinging techniques for the purposes of lifting a
load, including selecting the method of lifting (by
consideration of the nature of the load, its mass and its centre
of gravity) and inspecting lifting gear (for suitability and
condition); or
(b) directing the operator of a crane or hoist in the movement of a
load when the load is out of the view of the operator;
rigging work means —
(a) moving, placing or securing a load (such as plant, equipment
or members of a building or structure) using mechanical load

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Schedule
6.3 High risk work
Division 6 Pressure equipment operation
cl. 11011

shifting equipment but does not include operation of the

mechanical load shifting equipment; or
(b) erecting or dismantling cranes or hoists.
[Clause 4 inserted in Gazette 24 Aug 2007 p. 4303.]

5. Dogging work and rigging work, classes of high risk work

Table

Item Class of high Description of class

risk work
1. Dogging work Dogging work.
2. Dogging work and (1) Work included in the class of
rigging work, basic Dogging work.
(2) Rigging work involving —
(a) steel members of a building or
structure, or steel plant; or
(b) hoists other than hoists with
jibs and self-climbing hoists;
or
(c) pre-cast concrete members of a
building or structure; or
(d) safety nets and static lines; or
(e) mast climbing work platforms;
or
(f) perimeter safety screens and
shutters; or
(g) cantilevered crane loading
platforms,
but excluding rigging work
involving equipment, loads or tasks
listed in item 3(2)(a) to (e) and
item 4(2)(a) to (d).

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 Occupational Safety and Health Regulations 1996
Schedule
High risk work 6.3
Pressure equipment operation Division 6
cl. 11011

Item Class of high Description of class

risk work
3. Dogging work and (1) Work included in the class of
rigging work, Dogging work and rigging work,
intermediate basic.
(2) Rigging work involving —
(a) hoists with jibs and
self-climbing hoists; or
(b) cranes, conveyors, dredges and
excavators; or
(c) tilt slabs; or
(d) demolition of buildings,
structures or plant; or
(e) multi-crane hoisting,
but excluding rigging work
involving equipment listed in
item 4(2)(a) to (d).
4. Dogging and (1) Work included in the class of
rigging work, Dogging work and rigging work,
advanced intermediate.
(2) Rigging work involving —
(a) gin poles and shear legs; or
(b) flying foxes and cable ways; or
(c) guyed derricks and structures;
or
(d) suspended scaffolds and
fabricated hung scaffolds.
[Clause 5 inserted in Gazette 24 Aug 2007 p. 4304-5.]

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Occupational Safety and Health Regulations 1996
Schedule
6.3 High risk work
Division 6 Pressure equipment operation
cl. 11011

Division 4 — Crane and hoist operation

[Heading inserted in Gazette 24 Aug 2007 p. 4305.]
6. Terms used
In this Division —
boom-type elevating work platform has the meaning given in
regulation 4.1;
bridge crane has the meaning given in regulation 4.1;
derrick crane means a slewing strut-boom crane with its boom
pivoted at the base of a mast that is —
(a) guyed (guy-derrick) or held by backstays (stiff-legged
derrick); and
(b) capable of luffing under load;
gantry crane has the meaning given in regulation 4.1;
mobile crane has the meaning given in regulation 4.1;
non-slewing mobile crane means a mobile crane incorporating a
boom or jib that cannot be slewed, and includes —
(a) an articulated mobile crane; or
(b) a locomotive crane,
but does not include vehicle tow trucks;
personnel and materials hoist means a hoist —
(a) that is a cantilever hoist, a tower hoist or several winches
configured to operate as a hoist; and
(b) that is intended to carry goods, materials or people;
portal boom crane means a boom crane or a jib crane that is mounted
on a portal frame that, in turn, is supported on runways along which
the crane travels;
self-erecting tower crane means a crane —
(a) that cannot be disassembled into a tower element and a boom
or jib element; and
(b) that is transported between sites as a complete unit; and
(c) where the erection and dismantling processes are an inherent
part of the crane’s function;

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Schedule
High risk work 6.3
Pressure equipment operation Division 6
cl. 11011

slewing mobile crane means a mobile crane incorporating a boom or

jib that can be slewed, but does not include —
(a) a front-end loader; or
(b) a backhoe; or
(c) an excavator; or
(d) other earth moving equipment,
when configured for crane operation;
tower crane means a boom crane or a jib crane mounted on a tower
structure and —
(a) the crane, if a jib crane, may be a horizontal or luffing jib
type; and
(b) the tower structure may be demountable or permanent,
but does not include a self-erecting tower crane;
vehicle loading crane has the meaning given in regulation 4.54(1);
vehicle-mounted concrete placing boom means a boom —
(a) with 2 or more stages; and
(b) mounted on a vehicle; and
(c) able to be slewed or luffed; and
(d) along which concrete is pumped by means of a pipe attached
to, or incorporated within, the boom.
[Clause 6 inserted in Gazette 24 Aug 2007 p. 4305-7.]
7. Crane and hoist operation, classes of high risk work
(1) For the purposes of the Table item 5, the raising and lowering of a
hoist is a single powered operation.
(2) For the purposes of the Table item 14, the length of a boom is the
greater of the following —
(a) the vertical distance from the surface supporting the
boom-type elevating work platform to the floor of the
platform, with the platform extended to its maximum height;
(b) the horizontal distance from the centre point of the boom’s
rotation to the outer edge of the platform, with the platform
extended to its maximum distance.

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6.3 High risk work
Division 6 Pressure equipment operation
cl. 11011

Table

Item Class of high Description of class

risk work
1. Crane and hoist The use of a tower crane.
operation, tower
crane
2. Crane and hoist The use of a self-erecting tower crane.
operation,
self-erecting
tower crane
3. Crane and hoist The use of a derrick crane.
operation, derrick
crane
4. Crane and hoist The use of a portal boom crane.
operation, portal
boom crane
5. Crane and hoist The use of a bridge crane or gantry
operation, bridge crane that is —
crane/gantry
(a) controlled from a permanent
crane
cabin or control station on the
crane; or
(b) remotely controlled and having
more than 3 powered
operations.
6. Crane and hoist The use of a vehicle loading crane with
operation, vehicle a capacity of 10 metre tonnes or more.
loading crane
7. Crane and hoist The use of a non-slewing mobile crane
operation, with a capacity of more than 3 tonnes.
non-slewing
mobile crane

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Schedule
High risk work 6.3
Pressure equipment operation Division 6
cl. 11011

Item Class of high Description of class

risk work
8. Crane and hoist The use of —
operation, mobile
(a) a vehicle loading crane with a
crane, basic
capacity of 10 metre tonnes or
more; or
(b) a non-slewing mobile crane
with a capacity of more than
3 tonnes; or
(c) a slewing mobile crane with a
capacity of 20 tonnes or less.
9. Crane and hoist The use of —
operation, mobile
(a) a vehicle loading crane with a
crane,
capacity of 10 metre tonnes or
intermediate
more; or
(b) a non-slewing mobile crane
with a capacity of more than
3 tonnes; or
(c) a slewing mobile crane with a
capacity of 60 tonnes or less.
10. Crane and hoist The use of —
operation, mobile
(a) a vehicle loading crane with a
crane, advanced
capacity of 10 metre tonnes or
more; or
(b) a non-slewing mobile crane
with a capacity of more than
3 tonnes; or
(c) a slewing mobile crane with a
capacity of 100 tonnes or less.
11. Crane and hoist The use of —
operation, mobile
(a) a vehicle loading crane with a
crane, open class
capacity of 10 metre tonnes or
more; or

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Schedule
6.3 High risk work
Division 6 Pressure equipment operation
cl. 11011

Item Class of high Description of class

risk work
(b) a non-slewing mobile crane
with a capacity of more than
3 tonnes; or
(c) a slewing mobile crane.
12. Crane and hoist The use of a materials hoist where the
operation, vertical movement of the hoist’s car,
materials hoist bucket or platform is more than
11 metres.
13. Crane and hoist The use of a personnel and materials
operation, hoist.
personnel and
materials hoist
14. Crane and hoist The use of a boom-type elevating work
operation, platform where the length of the boom is
boom-type 11 metres or more.
elevating work
platform
15. Crane and hoist The use of a vehicle-mounted concrete
operation, placing boom.
vehicle-mounted
concrete placing
boom
[Clause 7 inserted in Gazette 24 Aug 2007 p. 4307-10.]

Division 5 — Forklift operation
[Heading inserted in Gazette 24 Aug 2007 p. 4310.]

8. Terms used
In this Division —
forklift truck means a powered industrial truck equipped with lifting
media made up of a mast and an elevating load carriage to which is
attached a pair of forkarms;

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Schedule
High risk work 6.3
Pressure equipment operation Division 6
cl. 11011

order-picking forklift truck means a forklift truck where the

operator’s controls are incorporated with the lifting media and elevate
with the lifting media.
[Clause 8 inserted in Gazette 24 Aug 2007 p. 4310-11.]

9. Forklift operation, classes of high risk work

Table

Item Class of high Description of class

risk work
1. Forklift operation, The use of a forklift truck other than
forklift truck an order-picking forklift truck.
2. Forklift operation, The use of an order-picking forklift
order-picking truck.
forklift truck
[Clause 9 inserted in Gazette 24 Aug 2007 p. 4311.]

Division 6 — Pressure equipment operation

[Heading inserted in Gazette 24 Aug 2007 p. 4311.]

10. Terms used

In this Division —
boiler means —
(a) a vessel, or an arrangement of vessels and interconnecting
parts, in which steam or liquid is heated, at a pressure above
that of the atmosphere, by the application of fire, the products
of combustion, electrical power or similar means; and
(b) the valves, gauges, fittings, controls, boiler setting and other
equipment directly associated with those vessels,
but does not include —
(c) a vessel that is able to operate deprived of all liquid and
vapour that is intended to be heated; or
(d) a direct fired process heater;

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Schedule
6.3 High risk work
Division 6 Pressure equipment operation
cl. 11011

direct fired process heater means an arrangement of coiled tubes,

located inside the radiant zone or convection zone of a combustion
chamber, through which process material (in the form of liquid, gas or
a liquid/gas combination) moves and is heated, bringing about a
petrochemical reaction in the process material;
reciprocating steam engine means equipment that is driven by steam
acting on a piston causing the piston to move, and includes an
expanding (steam) reciprocating engine;
turbine means equipment that is driven by steam acting on a turbine
or rotor to cause a rotary motion.
[Clause 10 inserted in Gazette 24 Aug 2007 p. 4311-12.]
11. Pressure equipment operation, classes of high risk work
For the purposes of the Table item 2, a boiler is not to be taken as
being capable of being fired by multiple fuels simultaneously merely
because —
(a) it changes fuel types during start sequences; or
(b) it is fired by different grades of the same fuel simultaneously.
Table
Item Class of high Description of class
risk work
1. Pressure The use of a boiler that has an output of
equipment more than 500 kW other than a boiler
operation, basic with —
(a) modulating combustion air
supply; or
(b) modulating heat source; or
(c) superheaters; or
(d) economisers.

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Schedule
High risk work 6.3
Pressure equipment operation Division 6
cl. 11011

Item Class of high Description of class

risk work
2. Pressure The use of a boiler that has an output of
equipment more than 500 kW other than a boiler
operation, with —
intermediate
(a) modulating combustion air
supply; or
(b) modulating heat source; or
(c) superheaters; or
(d) economisers,
that is capable of being fired by multiple
fuels simultaneously.
3. Pressure The use of a boiler that has an output of
equipment more than 500 kW.
operation,
advanced
4. Pressure The use of a turbine that has an output of
equipment 500 kW or more and —
operation,
(a) is multi-wheeled; or
turbine
(b) is capable of a speed greater
than 3600 revolutions per
minute; or
(c) has attached condensers; or
(d) has a multi-staged heat
exchange extraction process.
5. Pressure The use of a reciprocating steam engine
equipment where the diameter of any piston is more
operation, than 250 mm.
reciprocating
steam engine
[Clause 11 inserted in Gazette 24 Aug 2007 p. 4312-13.]

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Occupational Safety and Health Regulations 1996
Schedule High risk work
6.3
Division 6 Pressure equipment operation

Schedule 6.4 — Fees under Parts 6 and 7

[r. 6.5, 6.7, 6.9, 6.16, 6.21, 6.23, 6.25, 6.31 and 7.16(1) and (2)]
[Heading inserted in Gazette 27 Jun 2013 p. 2695.]

Item Type of fee Fee

1. Application for licence (r. 6.5) $82.00 per class of high
risk work to which the
application relates
2. Application for variation of licence $82.00 per class of high
(r. 6.7) risk work to which the
application relates
3. Application for renewal of licence $69.00
(r. 6.9)
4. Application for duplicate licence $52.00
document (r. 6.16)
5. Application for registration (r. 6.21) $1 013.00
6. Application for variation of $168.00
registration (r. 6.23)
7. Application for renewal of $505.00
registration (r. 6.25)
8. Application for duplicate certificate $52.00
of registration (r. 6.31)
9. Application for conversion to $52.00
licence during transition (r. 7.16(1)
and (2))
[Schedule 6.4 inserted in Gazette 27 Jun 2013 p. 2695-6.]

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 Occupational Safety and Health Regulations 1996

Notes
1
This is a compilation of the Occupational Safety and Health Regulations 1996 and
includes the amendments made by the other written laws referred to in the
following table. The table also contains information about any reprint.

Compilation table
Citation Gazettal Commencement
Occupational Safety and Health 27 Sep 1996 1 Oct 1996 (see r. 1.2)
Regulations 1996 p. 4837-5080
Occupational Safety and Health 10 Jun 1997 1 Jul 1997 (see r. 2)
Amendment Regulations 1997 p. 2670-1
Occupational Safety and Health 22 Jul 1997 29 Mar 1999 (see r. 2 and
Amendment Regulations (No. 2) p. 3839-41 Gazette 17 Jul 1998 p. 3804 and
1997 31 Dec 1998 p. 7405)
Occupational Safety and Health 12 Sep 1997 12 Sep 1997
Amendment Regulations (No. 3) p. 5176-8
1997
Occupational Safety and Health 6 Feb 1998 6 Feb 1998
Amendment Regulations 1998 p. 665
Occupational Safety and Health 9 Jun 1998 1 Jul 1998 (see r. 2)
Amendment Regulations (No. 3) p. 3144-5
1998
Occupational Safety and Health 26 Mar 1999 29 Mar 1999 (see r. 2 and
Amendment Regulations (No. 2) p. 1281-4 Gazette 31 Dec 1998 p. 7405)
1999
Occupational Safety and Health 8 Jun 1999 9 Jun 1999 (see r. 2 and Gazette
Amendment Regulations 1999 p. 2525-6 8 Jun 1999 p. 2469)
Reprint of the Occupational Safety and Health Regulations 1996 as at 15 Oct 1999
(includes amendments listed above)
Occupational Safety and Health 17 Dec 1999 1 Jan 2000 (see r. 2)
Amendment Regulations (No. 3) p. 6228-44
1999
Occupational Safety and Health 2 Jun 2000 1 Jul 2000 (see r. 2)
Amendment Regulations 2000 p. 2676-7
Occupational Safety and Health 30 Mar 2001 1 Jul 2001 (see r. 2)
Amendment Regulations 2001 p. 1767-83
Occupational Safety and Health 13 Jul 2001 13 Jul 2001
Amendment Regulations (No. 2) p. 3476-7
2001

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Occupational Safety and Health Regulations 1996

Citation Gazettal Commencement

Occupational Safety and Health 8 Mar 2002 1 Jul 2002 (see r. 2)
Amendment Regulations (No. 2) p. 959-1003
2002
Occupational Safety and Health 21 May 2002 1 Jul 2002 (see r. 2)
Amendment Regulations (No. 3) p. 2595-6
2002
Occupational Safety and Health 7 Jun 2002 7 Jun 2002
Amendment Regulations 2002 p. 2733-6
Occupational Safety and Health 7 Jun 2002 1 Jul 2002 (see r. 2 and Gazette
Amendment Regulations p. 2736-8 8 Mar 2002 p. 961)
(No. 4) 2002
Occupational Safety and Health 28 Jun 2002 1 Jul 2002 (see r. 2 and Gazette
Amendment Regulations p. 3121 8 Mar 2002 p. 961)
(No. 5) 2002
Reprint of the Occupational Safety and Health Regulations 1996 as at 19 Jul 2002
(includes amendments listed above)
Occupational Safety and Health 10 Jan 2003 10 Jan 2003
Amendment Regulations p. 61-75
(No. 7) 2002
Occupational Safety and Health 8 Apr 2003 1 Jul 2003 (see r. 2)
Amendment Regulations (No. p. 1108-12
3) 2003
Occupational Safety and Health 27 Jun 2003 1 Jul 2003 (see r. 2)
Amendment Regulations p. 2432-4
(No. 4) 2003
Labour Relations Reform 15 Aug 2003 15 Sep 2003 (see r. 2)
(Consequential Amendments) p. 3685-92
Regulations 2003 r. 10
Occupational Safety and Health 3 Oct 2003 3 Apr 2004 (see r. 2)
Amendment Regulations 2003 p. 4356-8
Occupational Safety and Health 3 Oct 2003 3 Oct 2003 (see r. 2)
Amendment Regulations (No. 2) 2003 p. 4358-63
Occupational Safety and Health 30 Dec 2003 1 Jan 2004 (see r. 2)
Amendment Regulations (No. 6) 2003 p. 5737-43
Occupational Safety and Health 25 Jun 2004 25 Jun 2004
Amendment Regulations 2004 p. 2291-3
Occupational Safety and Health 25 Jun 2004 1 Jul 2004 (see r. 2)
Amendment Regulations (No. 4) 2004 p. 2294-5
Reprint 3: The Occupational Safety and Health Regulations 1996 as at 9 Jul 2004
(includes amendments listed above)

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 Occupational Safety and Health Regulations 1996

Citation Gazettal Commencement

Occupational Safety and Health 22 Oct 2004 1 Jan 2005 (see r. 2)
Amendment Regulations (No. 3) 2004 p. 4834-41
Occupational Safety and Health 14 Dec 2004 1 Jan 2005 (see r. 2)
Amendment Regulations p. 6009-18
(No. 6) 2004 6
Occupational Safety and Health 7 Jan 2005 7 Jan 2005
Amendment Regulations 2005 p. 76-7
Occupational Safety and Health 4 Mar 2005 4 Mar 2005
Amendment Regulations (No. 3) 2005 p. 881-3
Occupational Safety and Health 1 Apr 2005 4 Apr 2005 (see r. 2)
Amendment Regulations (No. 4) 2005 p. 1066-7
Occupational Safety and Health 28 Jun 2005 1 Jul 2005 (see r. 2)
Amendment Regulations (No. 8) 2005 p. 2912-13
Occupational Safety and Health 26 Jul 2005 26 Jul 2005
Amendment Regulations (No. 2) 2005 p. 3403-5
Reprint 4: The Occupational Safety and Health Regulations 1996 as at 2 Sep 2005
(includes amendments listed above)
Occupational Safety and Health 9 Sep 2005 9 Sep 2005
Amendment Regulations (No. 5) 2005 p. 4158-9
Occupational Safety and Health 18 Nov 2005 1 Dec 2005 (see r. 2)
Amendment Regulations p. 5660-3
(No. 10) 2005
Occupational Safety and Health 9 Dec 2005 9 Dec 2005
Amendment Regulations p. 5897-8
(No. 11) 2005
Occupational Safety and Health 23 Dec 2005 23 Dec 2005
Amendment Regulations p. 6294-5
(No. 12) 2005
Occupational Safety and Health 6 Jan 2006 6 Jan 2006
Amendment Regulations (No. 6) 2005 p. 11-12
Electricity Corporations 31 Mar 2006 1 Apr 2006 (see r. 2)
(Consequential Amendments) p. 1299-357
Regulations 2006 r. 83
Reprint 5: The Occupational Safety and Health Regulations 1996 as at 2 Jun 2006
(includes amendments listed above)
Occupational Safety and Health 27 Jun 2006 1 Jul 2006 (see r. 2)
Amendment Regulations (No. 2) 2006 p. 2280-2

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Occupational Safety and Health Regulations 1996

Citation Gazettal Commencement

Occupational Safety and Health 27 Apr 2007 27 Apr 2007
Amendment Regulations (No. 2) 2007 p. 1775-7
Occupational Safety and Health 15 Jun 2007 r. 1 and 2: 15 Jun 2007
Amendment Regulations (No. 5) 2007 p. 2792-4 (see r. 2(a));
Regulations other than r. 1 and 2:
1 Jul 2007 (see r. 2(b))
Occupational Safety and Health 3 Jul 2007 3 Jul 2007
Amendment Regulations 2007 p. 3293-4
Occupational Safety and Health 24 Aug 2007 r. 1 and 2: 24 Aug 2007
Amendment Regulations (No. 3) 2007 p. 4255-314 (see r. 2(a));
Regulations other than r. 1 and 2:
1 Oct 2007 (see r. 2(b))
Occupational Safety and Health 2 Oct 2007 r. 1 and 2: 2 Oct 2007
Amendment Regulations (No. 4) 2007 p. 4978-85 (see r. 2(a));
Regulations other than r. 1 and 2:
3 Jan 2008 (see r. 2(b))
Occupational Safety and Health 4 Jan 2008 r. 1 and 2: 4 Jan 2008
Amendment Regulations (No. 9) 2007 p. 15-16 (see r. 2(a));
Regulations other than r. 1 and 2:
5 Jan 2008 (see r. 2(b))
Reprint 6: The Occupational Safety and Health Regulations 1996 as at 22 Feb 2008
(includes amendments listed above)
Occupational Safety and Health 4 Apr 2008 r. 1 and 2: 4 Apr 2008
Amendment Regulations (No. 6) 2008 p. 1314-15 (see r. 2(a));
Regulations other than r. 1 and 2:
5 Apr 2008 (see r. 2(b))
Occupational Safety and Health 17 Jun 2008 r. 1 and 2: 17 Jun 2008
Amendment Regulations (No. 7) 2008 p. 2573-5 (see r. 2(a));
Regulations other than r. 1 and 2:
1 Jul 2008 (see r. 2(b))
Occupational Safety and Health 7 Nov 2008 r. 1 and 2: 7 Nov 2008
Amendment Regulations (No. 4) 2008 p. 4822-5 (see r. 2(a));
Regulations other than r. 1 and 2:
8 Nov 2008 (see r. 2(b))
Occupational Safety and Health 28 Nov 2008 Pt. 1: 28 Nov 2008 (see r. 2(a));
Amendment Regulations 2008 p. 5030-41 Pt. 2: 29 Nov 2008 (see r. 2(b));
Pt. 3: 1 Jan 2009 (see r. 2(c))
Occupational Safety and Health 15 May 2009 r. 1 and 2: 15 May 2009
Amendment Regulations (No. 2) 2009 p. 1643-4 (see r. 2(a));
Regulations other than r. 1 and 2:
16 May 2009 (see r. 2(b))

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 Occupational Safety and Health Regulations 1996

Citation Gazettal Commencement

Occupational Safety and Health 5 Jun 2009 r. 1 and 2: 5 Jun 2009
Amendment Regulations 2009 p. 1878-81 (see r. 2(a));
Regulations other than r. 1 and 2:
6 Jun 2009 (see r. 2(b))
Occupational Safety and Health 23 Jun 2009 r. 1 and 2: 23 Jun 2009
Amendment Regulations (No. 6) 2009 p. 2449-51 (see r. 2(a));
Regulations other than r. 1 and 2:
1 Jul 2009 (see r. 2(b))
Occupational Safety and Health 31 Jul 2009 r. 1 and 2: 31 Jul 2009
Amendment Regulations (No. 4) 2009 p. 3032-4 (see r. 2(a));
Regulations other than r. 1 and 2:
1 Aug 2009 (see r. 2(b))
Reprint 7: The Occupational Safety and Health Regulations 1996 as at 3 Aug 2009
(includes amendments listed above)
Occupational Safety and Health 25 Aug 2009 r. 1 and 2: 25 Aug 2009
Amendment Regulations (No. 5) 2009 p. 3312-13 (see r. 2(a));
Regulations other than r. 1 and 2:
26 Aug 2009 (see r. 2(b))
Occupational Safety and Health 22 Dec 2009 r. 1 and 2: 22 Dec 2009
Amendment Regulations p. 5233-50 (see r. 2(a));
(No. 3) 2009  7 Regulations other than r. 1 and 2:
1 Mar 2010 (see r. 2(b))
Occupational Safety and Health 15 Jan 2010 r. 1 and 2: 15 Jan 2010
Amendment Regulations (No. 7) 2009 p. 74-5 (see r. 2(a));
Regulations other than r. 1 and 2:
16 Jan 2010 (see r. 2(b))
Occupational Safety and Health 25 May 2010 r. 1 and 2: 25 May 2010
Amendment Regulations 2010 p. 2276-7 (see r. 2(a));
Regulations other than r. 1 and 2:
26 May 2010 (see r. 2(b))
Occupational Safety and Health 25 Jun 2010 r. 1 and 2: 25 Jun 2010
Amendment Regulations p. 2885-6 (see r. 2(a));
(No. 3) 2010 Regulations other than r. 1 and 2:
1 Jul 2010 (see r. 2(b))
Occupational Safety and Health 9 Jul 2010 r. 1 and 2: 9 Jul 2010
Amendment Regulations (No. 2) p. 3246-7 (see r. 2(a));
2010 Regulations other than r. 1 and 2:
14 Jul 2010 (see r. 2(b) and
Gazette 13 Jul 2010 p. 3291)

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Occupational Safety and Health Regulations 1996

Citation Gazettal Commencement

Occupational Safety and Health 14 Sep 2010 r. 1 and 2: 14 Sep 2010
Amendment Regulations (No. 5) p. 4406-7 (see r. 2(a));
2010 Regulations other than r. 1 and 2:
15 Sep 2010 (see r. 2(b))
Occupational Safety and Health 2 Nov 2010 r. 1 and 2: 2 Nov 2010
Amendment Regulations (No. 4) p. 5499-500 (see r. 2(a));
2010 Regulations other than r. 1 and 2:
3 Nov 2010 (see r. 2(b))
Reprint 8: The Occupational Safety and Health Regulations 1996 as at 19 Nov 2010
(includes amendments listed above)
Occupational Safety and Health 10 Dec 2010 r. 1 and 2: 10 Dec 2010
Amendment Regulations (No. 6) p. 6277-83 (see r. 2(a));
2010 Regulations other than r. 1 and 2:
11 Dec 2010 (see r. 2(b))
Occupational Safety and Health 7 Jan 2011 r. 1 and 2: 7 Jan 2011
Amendment Regulations (No. 7) p. 53-4 (see r. 2(a));
2010 Regulations other than r. 1 and 2:
8 Jan 2011 (see r. 2(b))
Occupational Safety and Health 22 Jun 2011 r. 1 and 2: 22 Jun 2011
Amendment Regulations (No. 3) p. 2317-20 (see r. 2(a));
2011 Regulations other than r. 1 and 2:
1 Jul 2011 (see r. 2(b))
Occupational Safety and Health 9 Sep 2011 r. 1 and 2: 9 Sep 2011
Amendment Regulations 2011 p. 3686-7 (see r. 2(a));
Regulations other than r. 1 and 2:
10 Sep 2011 (see r. 2(b))
Occupational Safety and Health 15 Jun 2012 r. 1 and 2: 15 Jun 2012
Amendment Regulations (No. 3) 2012 p. 2625-8 (see r. 2(a));
Regulations other than r. 1 and 2:
1 Jul 2012 (see r. 2(b))
Occupational Safety and Health 27 Jul 2012 r. 1 and 2: 27 Jul 2012
Amendment Regulations p. 3666-7 (see r. 2(a));
(No. 2) 2012 Regulations other than r. 1 and 2:
28 Jul 2012 (see r. 2(b))
Reprint 9: The Occupational Safety and Health Regulations 1996 as at 4 Jan 2013
(includes amendments listed above)
Occupational Safety and Health 14 Jun 2013 r. 1 and 2: 14 Jun 2013
Amendment Regulations p. 2253-4 (see r. 2(a));
(No. 2) 2013 Regulations other than r. 1 and 2:
15 Jun 2013 (see r. 2(b))

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 Occupational Safety and Health Regulations 1996

Citation Gazettal Commencement

Occupational Safety and Health 27 Jun 2013 r. 1 and 2: 27 Jun 2013
Amendment Regulations p. 2693-6 (see r. 2(a));
(No. 3) 2013 Regulations other than r. 1 and 2:
1 Jul 2013 (see r. 2(b))
2
The Industrial Relations Act 1988 (Cwlth) was renamed the Workplace Relations
Act 1996 by the Workplace and Other Legislation Amendment Act 1996 Sch. 19.
The Workplace Relations Act 1996 was then repealed by the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009.
3
Repealed by the Building Act 2011.
4
Repealed by the Work Health and Safety (Transitional and Consequential
Provisions) Act 2011 (Cwlth).
5
The regulations ceased to have effect on the commencement of the Acts
Amendment (Occupational Health, Safety and Welfare) Act 1987.
6
The amendment to r. 3.88 in the Occupational Safety and Health Amendment
Regulations (No. 6) 2004 r. 24(5) is not included because it would conflict with
the amendment in the Occupational Safety and Health Amendment Regulations
(No. 3) 2004 r. 7.
7
The amendment to r. 5.46 in the Occupational Safety and Health Amendment
Regulations (No. 3) 2009 r. 10(b) is not included because it was unclear where the
amendment was intended to be made. Regulation 10(b) reads as follows:

10. Regulation 5.46 amended

In regulation 5.46(1):
(b) in paragraph (a) delete “every person employed to do
asbestos removal work; and” and insert:

any person employed or otherwise engaged to do work

involving friable asbestos-containing material; and

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Occupational Safety and Health Regulations 1996

Defined terms

Defined terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined term Provision(s)
AC classified hazardous substance...........................................5.1(1)
abrasive blasting.................................................................1.3, 3.102
abrasive material................................................................1.3, 3.102
allied process........................................................................1.3, 3.94
alter................................................................................................4.1
amusement structure.....................................................................4.1
anchorage....................................................................................3.48
appointed medical practitioner.................................................5.1(1)
approved........................................................................................1.3
article........................................................................................5.1(1)
AS..................................................................................................1.3
AS/NZS.........................................................................................1.3
asbestos..............................................................................1.3, 5.1(1)
asbestos-containing material...................................3.126(1), 5.42(1)
asbestos demolition site........................................................3.126(1)
asbestos dust...........................................................................5.42(1)
asbestos removalist licence..................................................5.53A(1)
asbestos work.........................................................................5.42(1)
asbestos work area..................................................................5.42(1)
assessment instrument............................................................6.20(1)
assessor.....................................................................................6.1(1)
atmospheric monitoring..............................................................5.53
audiogram.................................................................................7.4(1)
authorised person............................................................4.37A(2)(b)
award......................................................................................2.2(11)
barricade......................................................................................3.66
biological monitoring......................................................5.1(1), 5.53
blasting cabinet.........................................................................3.102
blasting chamber.......................................................................3.102
blood lead level...........................................................................5.53
boiler....................................................................4.1, Sch. 6.3 cl. 10
bona fide research.......................................................................5.28
boom-type elevating work platform.......................4.1, Sch. 6.3 cl. 6

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 Occupational Safety and Health Regulations 1996

Defined terms

bridge crane............................................................4.1, Sch. 6.3 cl. 6

Building Code...............................................................................1.3
building maintenance equipment..................................................4.1
building maintenance unit......................................................1.3, 4.1
building or structure......................................................................1.3
cantilevered scaffold............................................3.66, Sch. 6.3 cl. 2
carcinogenic substance................................................................5.28
certificate of competency..............................................6.6(1), 7.9(1)
chemical name..........................................................................5.1(1)
class 1........................................................................................3.114
class 2........................................................................................3.114
class 3........................................................................................3.114
classified plant...............................................................................7.1
client..........................................................................................3.137
commencement.............................................................................7.1
commencement day..................................................................7.9(1)
commercial vehicle...................................................................3.130
commercial vehicle driver.........................................................3.130
commissioning..............................................................................4.1
competent person..........................................................................1.3
compressed air wet abrasive blast cleaning..............................3.102
concrete panel.........................................................................3.88(1)
concrete placing unit.....................................................................4.1
confined space.............................................................................3.82
confirmed blood lead level..........................................................5.53
construction diving work........................................................3.29(1)
construction induction training certificate................................3.135
construction induction training course......................................3.135
construction site............................................................................1.3
construction work..........................................................................1.3
consumer package....................................................................5.1(1)
container...................................................................................5.1(1)
contaminant.................................................................................3.82
conveyor........................................................................................4.1
crane.......................................................................................1.3, 4.1
curing agent.................................................................................5.72
damp............................................................................................5.53

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Occupational Safety and Health Regulations 1996

Defined terms

danger tag......................................................................................1.3
danger zone.............................................................................3.64(1)
demolition..........................................................................1.3, 3.114
demolition licence....................................................................5.53A
derrick crane..................................................................Sch. 6.3 cl. 6
design verifier...............................................................................4.1
designated plant.............................................................................7.1
designated smoking area......................................................3.44A(1)
designer.....................................................................................3.137
direct fired process heater...........................................Sch. 6.3 cl. 10
documentary evidence of forklift competency.........................7.9(1)
dogger.....................................................................................4.54(1)
dogging work................................................................Sch. 6.3 cl. 4
domestic construction work......................................................3.137
driver fatigue management plan................................................3.130
dry abrasive blasting..........................................................1.3, 3.102
earthmoving machinery..........................................................1.3, 4.1
elevating work platform................................................................4.1
emergency services...................................................................5.1(1)
employee...................................................................................3.135
employer....................................................................................3.135
enclosed workplace..................................................................3.44A
energy source.......................................................................4.37A(1)
escalator........................................................................................4.1
exhaust system..............................................................................1.3
existing assessor.....................................................................7.20(1)
existing assessor of forklift competency................................7.21(1)
expiry date............................................5.45F(2), 6.11(2), 6.27(2)(a)
explosive powered tool.................................................................4.1
exposure standard.....................................................................5.1(1)
exposure standard for noise.........................................................3.45
fall injury prevention system.......................................................3.48
filter.............................................................................................3.37
finalised...........................................................5.42(2), 6.1(2), 7.9(2)
fired heater....................................................................................4.1
first aid....................................................................................3.12(1)
flammable paint...........................................................................3.99

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 Occupational Safety and Health Regulations 1996

Defined terms

forklift truck.......................................................7.9(1), Sch. 6.3 cl. 8

forklift work.............................................................................7.9(1)
former regulations.........................................................6.1(1), 7.9(1)
friable asbestos-containing material.......................................5.42(1)
gantry....................................................................3.66, Sch. 6.3 cl. 2
gantry crane............................................................4.1, Sch. 6.3 cl. 6
gas cylinder............................................................................1.3, 4.1
gear................................................................................................1.3
generic name.............................................................................5.1(1)
GHS..........................................................................................5.1(1)
GHS classified hazardous substance........................................5.1(1)
hand-held equipment..............................................................3.60(2)
hazard class................................................................Sch. 5.1 Div. 2
hazardous substance.................................................................5.1(1)
Hazardous Substances Information System.............................5.1(1)
health surveillance...........................................................5.1(1), 5.53
high risk work...............................................................6.1(1), 7.9(1)
high risk work (interstate) licence................................6.1(1), 7.9(1)
high risk work (WA) licence........................................6.1(1), 7.9(1)
high risk work licence.......................................................1.3, 6.1(1)
high-risk construction work......................................................3.137
hoarding...............................................................................1.3, 3.66
hoist........................................................................................1.3, 4.1
holder........................................................................................6.1(3)
holds..............................................................................6.1(3), 7.9(3)
hung scaffold........................................................3.66, Sch. 6.3 cl. 1
industrial equipment.................................................................7.9(1)
industrial lift truck.........................................................................4.1
industrial robot..............................................................................4.1
ingredient..................................................................................5.1(1)
inorganic lead..............................................................................5.53
instructor.................................................................................4.44(8)
interlocked.....................................................................................4.1
introductory course...................................................................2.2(2)
isocyanate....................................................................................5.72
L C,peak...........................................................................................3.45
LAeq,8h............................................................................................3.45

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Occupational Safety and Health Regulations 1996

Defined terms

laser...............................................................................................4.1
laser product..................................................................................4.1
lead material................................................................................5.53
lead process.................................................................................5.53
lead-risk job.................................................................................5.53
licence...................................................................3.114, 5.42(1), 6.4
licensed person.................................................3.72(1), 3.114, 6.3(1)
lift..................................................................................................4.1
lower explosive limit...................................................................5.68
main contractor.............................................................................1.3
manual handling.......................................................................3.4(1)
manufacturing process..................................................................1.3
mast climbing work platform.................................4.1, Sch. 6.3 cl. 1
Material Safety Data Sheet.......................................................5.1(1)
materials hoist...............................................................Sch. 6.3 cl. 1
medical practitioner.......................................................................1.3
mobile crane...........................................................4.1, Sch. 6.3 cl. 6
monitoring................................................................................5.1(1)
MSDS.......................................................................................5.1(1)
nail gun..........................................................................................4.1
National Code...........................................................................5.1(1)
national standard.......................................................................7.9(1)
NOHSC..................................................................................1.11(1)
noise............................................................................................3.45
non-friable asbestos-containing material................................5.42(1)
non-slewing mobile crane.............................................Sch. 6.3 cl. 6
notice of satisfactory assessment..................................6.1(1), 7.9(1)
ongoing surveillance...............................................................5.24(1)
operator protective devices...........................................................4.1
order-picking forklift truck...........................................Sch. 6.3 cl. 8
other facility...........................................................................3.20(1)
out-of-service tag..........................................................................4.1
overhead power line...............................................................3.64(1)
oxygen deficient atmosphere.......................................................3.37
passenger................................................................................4.44(7)
person having control of a workplace...........................................1.3
person having control of access to a workplace............................1.3

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 Occupational Safety and Health Regulations 1996

Defined terms

personal hearing protectors.........................................................3.45

personnel and materials hoist........................................Sch. 6.3 cl. 6
plant.............................................................................................4.22
platform.........................................................................................1.3
polyhydroxy compound..............................................................5.72
polyurethane manufacturing process...........................................5.72
portable equipment.................................................................3.60(2)
portal boom crane..........................................................Sch. 6.3 cl. 6
post-introductory course...........................................................2.3(2)
powder paint................................................................................3.99
prescribed equipment...............................................................6.3(1)
prescribed work........................................................................7.9(1)
presence sensing safeguarding system..........................................4.1
pressure equipment.......................................................................4.1
pressure piping..............................................................................4.1
pressure vessel........................................................................1.3, 4.1
pressurised liquid blast cleaning...............................................3.102
previously registered as an assessor.......................................6.22(1)
promoter......................................................................................5.72
purchaser..................................................................................5.1(1)
qualification or statement of attainment...................................6.1(1)
reciprocating steam engine..........................................Sch. 6.3 cl. 10
recognised construction induction training course....................3.135
record........................................................................................5.1(1)
registered training organisation.....................................................1.3
registration..................................................................................6.18
regulation 1.15 penalty..................................................................1.3
regulation 1.16 penalty..................................................................1.3
regulatory authority.......................................................................4.1
removal level...............................................................................5.53
repair.............................................................................................4.1
repairs....................................................................................Sch. 5.2
repealed regulations......................................................................7.1
representative................................................................2.2(2), 2.3(2)
resin.............................................................................................5.72
responsible person......................................................3.88H, 4.54(1)
responsible person at a workplace.............................................3.130

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Occupational Safety and Health Regulations 1996

Defined terms

restricted licence.....................................................................5.42(1)
retailer.......................................................................................5.1(1)
rigger......................................................................................4.54(1)
rigging work..................................................................Sch. 6.3 cl. 4
risk phrase.................................................................................5.1(1)
roof...........................................................................................3.44A
Safe Work Australia.................................................................5.1(1)
safe work method statement......................................................3.137
safety phrase.............................................................................5.1(1)
sanitary facilities.....................................................................3.20(1)
scaffold.................................................................................1.3, 3.66
scaffolding equipment.................................................................3.66
scaffolding work............................................................Sch. 6.3 cl. 2
Schedule 5.4 substance...............................................................5.28
Schedule 5.5 substance...............................................................5.28
Schedule 5.6 substance...............................................................5.28
self-contained breathing apparatus..............................................3.37
self-erecting tower crane...............................................Sch. 6.3 cl. 6
slewing mobile crane.....................................................Sch. 6.3 cl. 6
smoke.......................................................................................3.44A
spray painting..............................................................................3.99
spray painting process.................................................................3.99
spur scaffold.........................................................3.66, Sch. 6.3 cl. 2
substance..................................................................................5.1(1)
supplied air respirator...........................................................1.3, 3.37
supplier.....................................................................................5.1(1)
supply authority...........................................................................3.58
suspended scaffold...............................................3.66, Sch. 6.3 cl. 1
tilt-up work.............................................................................3.88(1)
tobacco product........................................................................3.44A
tower crane.............................................................4.1, Sch. 6.3 cl. 6
toxic atmosphere............................................................3.37, 3.40(1)
toxic paint....................................................................................3.99
tractor............................................................................................4.1
transition period........................................................................7.9(1)
transitional course.....................................................................2.2(2)
turbine.........................................................................Sch. 6.3 cl. 10

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 Occupational Safety and Health Regulations 1996

Defined terms

type I ingredient.........................................................5.1(1), Sch. 5.1

type II ingredient.......................................................5.1(1), Sch. 5.1
type III ingredient......................................................5.1(1), Sch. 5.1
unrestricted licence.................................................................5.42(1)
use...................................................4.1, 5.1(1), 6.3(1), Sch. 6.3 cl. 1
vehicle hoist..................................................................................4.1
vehicle loading crane.......................................4.54(1), Sch. 6.3 cl. 6
vehicle-mounted concrete placing boom.......................Sch. 6.3 cl. 6
wall.............................................................................3.44A, 3.88(1)

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 warehouse operator...................................................................5.1(1)
welding.................................................................................1.3, 3.94
wet abrasive blasting..........................................................1.3, 3.102
work box.......................................................................................4.1
work that the person was authorised to do...............................7.9(1)
work time..................................................................................3.130
worker.......................................................................................6.2(3)
workplace...............................................................................3.60(2)

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