WORK HEALTH AND SAFETY REGULATION 2011

Australian Capital Territory Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATION 2011

- made under the Work Health and Safety Act 2011

TABLE OF PROVISIONS

CHAPTER 1--PRELIMINARY

PART 1.1--INTRODUCTORY MATTERS

1. Name of regulation
2. Commencement
5. Dictionary
6A. Offences are offences of strict liability
6B. Offences against regulation—application of Criminal Code etc
7. Meaning of person conducting a business or undertaking—persons
8. Meaning of supply—Act, s 6 (3) (b)
9. Provisions linked to health and safety duties in Act—Act, sch 3,
9A. Meaning of corresponding WHS law—Act, dict

PART 1.2--APPLICATION

10. Application of the Act to dangerous goods and high risk plant—Act,
11. Application of this regulation
12. Assessment of risk in relation to a class of hazards, tasks, circumstances or

PART 1.3--INCORPORATED DOCUMENTS

13. Documents incorporated as in force when incorporated
14. Inconsistencies between provisions
15. References to standards

CHAPTER 2--REPRESENTATION AND PARTICIPATION

PART 2.1--REPRESENTATION

Division 2.1.1--Work groups

16. Negotiations for and determination of work groups
17. Matters to be taken into account in negotiations—Act, s 52 (6) and

Division 2.1.2--Health and safety representatives

18. Procedures for election of health and safety
19. Person conducting business or undertaking must not delay election
20. Removal of health and safety
21. Training for health and safety

PART 2.2--ISSUE RESOLUTION

22. Agreed procedure—minimum requirements
23. Default procedure—Act, s 81 (2)

PART 2.3--CESSATION OF UNSAFE WORK

24. Continuity of engagement of worker—Act, s 88

PART 2.4--WORKPLACE ENTRY BY WHS ENTRY PERMIT-HOLDERS

25. Training requirements for WHS entry permits—Act, s 131 and
26. Form of WHS entry permit
27. Notice of entry—general
28. Additional requirements—entry under Act, s 117—Act,
29. Additional requirements—entry under Act, s 120—Act,
30. Additional requirements—entry under Act, s 121—Act,
31. Register of WHS entry permit-holders—Act, s 151

CHAPTER 3--GENERAL RISK AND WORKPLACE MANAGEMENT

PART 3.1--MANAGING RISKS TO HEALTH AND SAFETY

32. Application—pt 3.1
33. Specific requirements must be complied with
34. Duty to identify hazards
35. Managing risks to health and safety
36. Hierarchy of control measures
37. Maintenance of control measures
38. Review of control measures

PART 3.2--GENERAL WORKPLACE MANAGEMENT

Division 3.2.1--Information, training and instruction

39. Provision of information, training and

Division 3.2.2--General working environment

40. Duty in relation to general workplace facilities
41. Duty to provide and maintain adequate and accessible facilities

Division 3.2.3--First-aid

42. Duty to provide first-aid

Division 3.2.4--Emergency plans

43. Duty to prepare, maintain and implement emergency plan

Division 3.2.5--Personal protective equipment

44. Provision to workers and use of personal protective equipment
45. Personal protective equipment used by other persons
46. Duties of worker
47. Duty of person other than worker

Division 3.2.6--Remote or isolated work

48. Remote or isolated work—Act, s 19

Division 3.2.7--Managing risks from airborne contaminants

49. Ensuring exposure standards for substances and mixtures not exceeded
50. Monitoring airborne contaminant levels

Division 3.2.8--Hazardous atmospheres

51. Managing risks to health and safety—Act, s 19
52. Ignition sources—Act, s 19

Division 3.2.9--Storage of flammable or combustible substances

53. U Flammable and combustible substances not to be accumulated [See Endnotes]

Division 3.2.10--Falling objects

54. Management of risk of falling objects—Act, s 19
55. Minimising risk associated with falling objects

CHAPTER 4--HAZARDOUS WORK

PART 4.1--NOISE

56. Meaning of exposure standard for noise
57. Managing risk of hearing loss from noise—Act, s 19
58. Audiometric testing
59. Duties of designers, manufacturers, importers and suppliers of

PART 4.2--HAZARDOUS MANUAL TASKS

60. Managing risks to health and safety—Act, s 19
61. Duties of designers, manufacturers, importers and suppliers of plant or

PART 4.3--CONFINED SPACES

Division 4.3.1--Preliminary

62. Confined spaces to which this part applies
63. Application to emergency service workers

Division 4.3.2--Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure

64. Duty to eliminate or minimise risk

Division 4.3.3--Duties of person conducting business or undertaking

65. Entry into confined space must comply with this division
66. Managing risks to health and safety—Act, s 19
67. Confined space entry permit
68. Signage
69. Communication and safety monitoring
70. Specific control—connected plant and services
71. Specific control—atmosphere
72. Specific control—flammable gases and vapours
73. Specific control—fire and explosion
74. Emergency procedures
75. Personal protective equipment in emergencies
76. Information, training and instruction for workers
77. Confined space entry permit and risk assessment must be kept

PART 4.4--FALLS

78. Management of risk of fall—Act, s 19
79. Specific requirements to minimise risk of fall
80. Emergency and rescue procedures

PART 4.5--HIGH RISK WORK

Division 4.5.1--Licensing of high risk work

Subdivision 4.5.1.1--Requirement to be licensed

81. Licence required to carry out high risk work
82. Exceptions
83. Recognition of high risk work licences in other jurisdictions
84. Duty of person conducting business or undertaking to ensure direct
85. Evidence of licence—duty of person conducting business or

Subdivision 4.5.1.2--Licensing process

86. Who may apply for a licence
87. Application for high risk work licence
88. Additional information
89. Decision on application
90. Matters to be taken into account
91. Refusal to grant high risk work licence—process
92. Duration of licence
93. Licence document
94. Licence document to be available
95. Reassessment of competency of licence-holder

Subdivision 4.5.1.3--Amendment of licence document

96. Notice of change of address
97. Licence-holder to return licence
98. Replacement licence document
99. Voluntary surrender of licence

Subdivision 4.5.1.4--Renewal of high risk work licence

100. Regulator may renew licence
101. Application for renewal
102. Licence continues in force until application is decided
103. Renewal of expired licence
104. Provisions relating to renewal of licence
105. Status of licence during review

Subdivision 4.5.1.5--Suspension and cancellation of high risk work
licence

106. Suspension or cancellation of licence
107. Matters taken into account
108. Notice to and submissions by licence-holder
109. Notice of decision
110. Immediate suspension
111. Licence-holder to return licence document
112. Regulator to return licence document after suspension

PART 4.6--DEMOLITION WORK

142. Notice of demolition work

PART 4.7--GENERAL ELECTRICAL SAFETY IN WORKPLACES AND ENERGISED ELECTRICAL WORK

Division 4.7.1--Preliminary

144. Meaning of electrical equipment—pt 4.7
145. Meaning of electrical installation—pt 4.7
146. Meaning of electrical work—pt 4.7

Division 4.7.2--General risk management

147. Risk management—Act, s 19

Division 4.7.3--Electrical equipment and electrical installations

148. Electrical equipment and electrical installations—div 4.7.3
149. Unsafe electrical equipment
150. Inspection and testing of electrical equipment
151. Untested electrical equipment not to be used

Division 4.7.4--Electrical work on energised electrical equipment

152. U Application—div 4.7.4 [See Endnotes]
153. U Persons conducting a business or undertaking—div 4.7.4 [See Endnotes]
154. U Electrical work on energised electrical equipment—prohibited [See Endnotes]
155. U Duty to determine whether equipment is energised [See Endnotes]
156. U De-energised equipment must not be inadvertently re-energised [See Endnotes]
157. U Electrical work on energised electrical equipment—when permitted [See Endnotes]
158. U Preliminary steps [See Endnotes]
159. U Unauthorised access to equipment being worked on [See Endnotes]
160. U Contact with equipment being worked on [See Endnotes]
161. U How the work is to be carried out [See Endnotes]
162. U Record keeping [See Endnotes]

Division 4.7.5--Electrical equipment and installations and construction work—additional duties

163. Duty of person conducting business or undertaking

Division 4.7.6--Residual current devices

164. U Use of socket outlets in hostile operating environment [See Endnotes]
165. U Testing of residual current devices [See Endnotes]

Division 4.7.7--Overhead and underground electric lines

166. Duty of person conducting a business or undertaking

PART 4.8--DIVING WORK

Division 4.8.1--Preliminary

167. Purpose—pt 4.8

Division 4.8.2--General diving work—fitness and competence of worker

168. U Person conducting business or undertaking must ensure fitness of [See Endnotes]
169. U Certificate of medical fitness [See Endnotes]
170. U Duty to keep certificate of medical fitness [See Endnotes]
171. U Competence of worker—general diving [See Endnotes]
172. U Competence of worker—incidental diving [See Endnotes]
173. U Competence of worker—limited scientific diving [See Endnotes]
174. U Competence of competent person supervising general diving [See Endnotes]
175. U Evidence of competence—duty of person conducting business or [See Endnotes]

Division 4.8.3--Managing risks—general diving work

176. U Management of risks to health and safety—Act, s 19 [See Endnotes]
177. U Appointment of competent person to supervise diving work [See Endnotes]
178. U Additional control—dive plan [See Endnotes]
179. U Dive plan must be complied with [See Endnotes]
180. U Additional control—dive safety log to be kept [See Endnotes]
181. U Use of dive safety log [See Endnotes]
182. U Record keeping [See Endnotes]

Division 4.8.4--High risk diving work

183. U Duties of person conducting business or [See Endnotes]
184. U Duty of worker—competence—Act, s 44 [See Endnotes]

CHAPTER 5--PLANT AND STRUCTURES

PART 5.1--GENERAL DUTIES FOR PLANT AND STRUCTURES

Division 5.1.1--Preliminary

185. Application—pt 5.1 to plant
186. Application—pt 5.1 to structures

Division 5.1.2--Duties of persons conducting businesses or undertakings that design plant

187. Provision of information to manufacturer
188. Hazard identified in design during manufacture
189. Guarding
190. Operational controls
191. Emergency stop controls
192. Warning devices

Division 5.1.3--Duties of persons conducting businesses or undertakings that manufacture plant

193. Control of risk—Act, s 23
194. Guarding
195. Information must be obtained and provided

Division 5.1.4--Duties of persons conducting businesses or undertakings that import plant

196. Information to be obtained and provided by importer
197. Control of risk

Division 5.1.5--Duties of persons conducting businesses or undertakings that supply plant

198. Information to be obtained and provided by supplier
199. Supply of second-hand plant—duties of supplier
200. Second-hand plant to be used for scrap or spare parts

Division 5.1.6--Duties of persons conducting businesses or undertakings that install, construct or commission plant or structures

201. Duties of persons conducting businesses or undertakings that install, construct or
202. Duties of persons conducting businesses or undertakings that install, construct or

Division 5.1.7--General duties of a person conducting a business or undertaking involving the management or control of plant

Subdivision 5.1.7.1--Management of risks

203. Management of risks to health and safety—Act, s 21

Subdivision 5.1.7.2--Additional control measures for general plant

204. Control of risks arising from installation or commissioning
205. Preventing unauthorised alterations to or interference with plant
206. Proper use of plant and controls
207. Plant not in use
208. Guarding
209. Guarding and insulation from heat and cold
210. Operational controls
211. Emergency stops
212. Warning devices
213. Maintenance and inspection of plant

Subdivision 5.1.7.3--Additional control measures for certain plant

214. Powered mobile plant—general control of
215. Powered mobile plant—specific control measures
216. Roll-over protection on tractors
217. Protective structures on earthmoving machinery
218. Industrial lift trucks
219. Plant that lifts or suspends loads
220. Exception—plant not specifically designed to lift or suspend a person
221. Plant used in connection with tree lopping
222. Industrial robots
223. Lasers
224. Pressure equipment
225. Scaffolds
226. Plant with presence-sensing safeguarding system—records

PART 5.2--ADDITIONAL DUTIES RELATING TO REGISTERED PLANT AND PLANT DESIGNS

Division 5.2.1--Application—pt 5.2

227. Application—pt 5.2

Division 5.2.2--Duty of person conducting a business or undertaking who designs plant to record plant design

228. U Records and information [See Endnotes]
229. U Record of standards or engineering principles used [See Endnotes]
230. U Records to be available for inspection [See Endnotes]

Division 5.2.3--Duties of a person conducting a business or undertaking

231. U Duty of persons conducting businesses or undertakings that manufacture [See Endnotes]
232. U Duty of persons conducting businesses or undertakings that import [See Endnotes]
233. U Duty of persons conducting businesses or undertakings that supply [See Endnotes]
234. U Duty of persons conducting businesses or undertakings that commission [See Endnotes]

Division 5.2.4--Duties of a person conducting a business or undertaking involving the management or control of plant

Subdivision 5.2.4.1--Control measures for registered plant

235. U Major inspection of registered mobile cranes and tower cranes [See Endnotes]
236. Lifts
237. Records of plant

Subdivision 5.2.4.2--Control measures for amusement devices

238. Operation of amusement devices
239. Storage of amusement devices
240. Maintenance, inspection and testing of amusement device
241. Annual inspection of amusement device
242. Log book and manuals for amusement device

PART 5.3--REGISTRATION OF PLANT DESIGNS AND ITEMS OF PLANT

Division 5.3.1--Plant designs to be registered

243. U Plant design to be registered—Act, s 42 [See Endnotes]
244. U Altered plant designs to be registered—Act, s 42 [See Endnotes]
245. U Recognition of designs registered by corresponding regulator [See Endnotes]

Division 5.3.2--Items of plant to be registered

246. U Items of plant to be registered—Act, s 42 [See Endnotes]
247. U Recognition of plant registered by corresponding regulator [See Endnotes]

Division 5.3.3--Registration process for plant designs

248. U Application—div 5.3.3 [See Endnotes]
249. U Who can apply to register a plant design [See Endnotes]
250. U Application for registration [See Endnotes]
251. U Design verification statement [See Endnotes]
252. U Who can be the design verifier [See Endnotes]
253. U Duty of design verifier [See Endnotes]
254. U Design verification statements not to be made in certain [See Endnotes]
255. U Additional information [See Endnotes]
256. U Decision on application [See Endnotes]
257. U Refusal of registration—process [See Endnotes]
258. U Conditions of registration [See Endnotes]
259. U Duration of registration of plant design [See Endnotes]
260. U Plant design registration number [See Endnotes]
261. U Registration document [See Endnotes]
262. U Registration document to be available [See Endnotes]
263. U Disclosure of design information [See Endnotes]

Division 5.3.4--Registration process for an item of plant

264. U Application—div 5.3.4 [See Endnotes]
265. U Who can apply to register an item of plant [See Endnotes]
266. U Application for registration [See Endnotes]
267. U When is a person competent to inspect plant [See Endnotes]
268. U Additional information [See Endnotes]
269. U Decision on application [See Endnotes]
270. U Refusal of registration—process [See Endnotes]
271. U Conditions of registration [See Endnotes]
272. U Duration of registration [See Endnotes]
273. U Plant registration number [See Endnotes]
274. U Registration document [See Endnotes]
275. U Registration document to be available [See Endnotes]
276. U Regulator may renew registration [See Endnotes]
277. U Application for renewal [See Endnotes]
278. U Registration continues in force until application is decided [See Endnotes]
279. U Decision on application [See Endnotes]
280. U Status of registration during review [See Endnotes]

Division 5.3.5--Changes to registration and registration documents

281. U Application—div 5.3.5 [See Endnotes]
282. U Changes to information [See Endnotes]
283. U Amendment of registration imposed by regulator [See Endnotes]
284. U Amendment on application by registration holder [See Endnotes]
285. U Minor corrections to registration [See Endnotes]
286. U Regulator to give amended registration document [See Endnotes]
287. U Registration holder to return registration document [See Endnotes]
288. U Replacement registration document [See Endnotes]

CHAPTER 6--CONSTRUCTION WORK

PART 6.1--PRELIMINARY

289. Meaning of construction work—ch 6
290. Meaning of structure—ch 6
291. Meaning of high risk construction work—ch 6
292. Meaning of construction project—ch 6
293. Meaning of principal contractor—ch 6

PART 6.2--DUTIES OF DESIGNER OF STRUCTURE AND PERSON WHO COMMISSIONS CONSTRUCTION WORK

294. Person who commissions work must consult with designer
295. Designer must give safety report to person who commissions design
296. Person who commissions project must give information to principal

PART 6.3--DUTIES OF PERSON CONDUCTING BUSINESS OR UNDERTAKING

Division 6.3.1--General

297. Management of risks to health and safety—Act, s 19
298. Security of workplace

Division 6.3.2--High risk construction work—safe work method statements

299. Safe work method statement required for high risk construction
300. Compliance with safe work method statement
301. Safe work method statement—copy to be given to principal
302. Review of safe work method statement
303. Safe work method statement must be kept

Division 6.3.3--Excavation Work

304. Excavation work—underground essential services information
305. Management of risks to health and safety associated with excavation
306. Additional controls—trenches

PART 6.4--ADDITIONAL DUTIES OF PRINCIPAL CONTRACTOR

307. Application—pt 6.4
308. Specific control measure—signage identifying principal
309. U WHS management plan—preparation [See Endnotes]
310. U WHS management plan—duty to inform [See Endnotes]
311. U WHS management plan—review [See Endnotes]
312. High risk construction work—safe work method statements
313. U Copy of WHS management plan must be kept [See Endnotes]
314. Further health and safety duties—specific regulations
315. Further health and safety duties—specific

PART 6.5--GENERAL CONSTRUCTION INDUCTION TRAINING

Division 6.5.1--General construction induction training requirements

316. Duty to provide general construction induction training
317. Duty to ensure worker has been trained
318. Recognition of general construction induction training cards issued in other

Division 6.5.2--General construction induction training cards

319. Issue of card
320. Content of card
321. Replacement card
322. Refusal to issue or replace card
323. Cancellation of card—grounds
324. Cancellation of card—process

Division 6.5.3--Duties of workers

326. Duties of workers
327. Alteration of general construction induction training card

CHAPTER 11--GENERAL

PART 11.1--REVIEW OF DECISIONS UNDER THIS REGULATION

Division 11.1.1--Reviewable decisions

676. Which decisions under this regulation are reviewable

Division 11.1.2--Internal review

677. Application
678. Application for internal review
679. Internal reviewer
680. Decision of internal reviewer
681. Decision on internal review
682. Internal review—reviewable decision continues

Division 11.1.3--External review

683. Application for external review

PART 11.2--EXEMPTIONS

Division 11.2.1--General

684. General power to grant exemptions
685. Matters to be considered in granting exemptions

Division 11.2.2--High risk work licences

686. High risk work licence—exemption
687. High risk work licence—regulator to be satisfied about certain

Division 11.2.4--Exemption process

691. Conditions of exemption
692. Form of exemption document
693. Compliance with conditions of exemption
694. Notice of decision in relation to exemption
695. Publication of notice of exemption
696. Notice of refusal of exemption
697. Amendment or cancellation of exemption
698. Notice of amendment or cancellation

PART 11.3--MISCELLANEOUS

699. Incident notification—prescribed serious
700. Inspectors' identity cards—Act, s 157 (1) (e)
701. Review of decisions under the Act—stay of decision—Act, s
702. Confidentiality of information—exception relating administration or enforcement of other

CHAPTER 20--TRANSITIONAL

PART 20.1--DEFINITIONS

800. Definitions—ch 20

PART 20.2--GENERAL

801. Duty to prepare emergency plan
802. Audiometric testing
803. Confined space entry permit to be completed by competent person
804. High risk work licences—competency requirements
805. High risk work licences—VET courses

PART 20.3--WORK SAFETY REGULATION 2009

806. Old entry permit to be confined space entry permit
807. Old high risk work licences to be new high risk work licences
808. Old statement of attainment taken to be certification
809. Old construction induction training cards to be general construction induction
810. Expiry—pt 20.3

PART 20.4--OCCUPATIONAL HEALTH AND SAFETY (CERTIFICATION OF PLANT USERS AND OPERATORS) REGULATION 2000

811. Definitions—pt 20.4
812. Continuing application of repealed regulation in relation to scheduled work
813. Application of regulation in relation to scheduled work etc
814. Certificates of competency
815. Converting certificate of competency to licence
816. Expiry—pt 20.4

PART 20.4A--MODIFICATION OF ACT

816A. Modification of Act, pt 20—Act, s 306

PART 20.5--EXPIRY

817. Expiry—ch 20
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
DICTIONARY
ENDNOTES

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