OCCUPATIONAL HEALTH AND SAFETY (SAFETY STANDARDS) REGULATIONS 1994

Commonwealth Consolidated Regulations

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OCCUPATIONAL HEALTH AND SAFETY (SAFETY STANDARDS) REGULATIONS 1994

- made under the Occupational Health and Safety Act 1991

TABLE OF PROVISIONS

PART 1--INTRODUCTION

1.01. Name of Regulations [see Note 1]
1.02. Commencement
1.03. Definitions located in Part 20
1.04. General defence
1.05. Hazard identification and risk assessment
1.06. Control of risk after a risk assessment has been made

PART 2--LICENSING ARRANGEMENTS FOR HIGH RISK WORK

Division 1--Introduction

2.01. Object of Part 2
2.02. Definitions for Part 2
2.03. Preservation of State and Territory laws

Division 2--Duties relating to the performance of work

2.04. Allowing persons to perform high risk work
2.05. Employer to provide training
2.06. Production of a licence for inspection

Division 3--Suspension or cancellation of licence

2.07. Recommendation to a licensing authority for the suspension or cancellation of a licence

PART 3--OCCUPATIONAL NOISE

3.01. Object of Part 3
3.02. Interpretation of Part 3
3.03. The exposure standard for noise
3.04. Duties of manufacturer of relevant plant
3.05. Duties of supplier of relevant plant
3.06. Duties of installer of relevant plant
3.07. Duties of an employer -- risk assessment
3.08. Duties of an employer -- risk control
3.09. Duties of an employee
3.10. Duties of a contractor

PART 4--PLANT

Division 1--Introduction

4.01. Objects of Part 4
4.02. Application of Part 4

Division 2--Duties of a manufacturer of plant

4.04. Hazard identification and risk assessment
4.05. Elimination or control of risk
4.06. Provision of information

Division 3--Duties of a supplier of plant

4.07. Elimination or control of risk
4.07A. Hire of plant mentioned in Part 2 of Schedule 6 and registered by a State or Territory authority
4.07B. Hire of plant not mentioned in Part 2 of Schedule 6
4.08. Provision of information -- used plant

Division 4--Duties of an erector or installer of plant

4.09. Hazard identification and risk assessment
4.10. Elimination or control of risk

Division 5--Duties of an employer

4.11. Hazard identification and risk assessment
4.12. Elimination or control of risk
4.13. Design of plant
4.14. Installation and commissioning of plant
4.15. Use of plant
4.16. Repair of plant
4.17. Storage and disposal of plant
4.18. Training, information, instruction and supervision
4.19. Record keeping

Subdivision B--Specific duties for control of risk

4.20. Gas cylinders
4.20A. Other equipment under pressure
4.21. Plant with moving parts
4.22. Powered mobile plant -- general
4.22A. Powered mobile plant -- protective structures and restraining devices
4.23. Plant with hot or cold parts
4.24. Electrical plant and plant that is exposed to electrical hazards
4.25. Plant designed to lift or move
4.26. Industrial robots and other remotely or automatically energised equipment
4.27. Lasers and laser products
4.28. Scaffolds
4.29. Amusement rides

Division 6--Duties of an employee

4.30. Duties

Division 7--General requirements for hazard identification, risk assessment and risk control

4.31. Hazard identification
4.32. Risk assessment
4.33. Risk control
4.34. Access and egress
4.35. Dangerous parts
4.36. Guarding
4.37. Operational controls of plant
4.38. Emergency stops and warning devices

Division 8--Licence to operate plant

Subdivision A--General licence requirements

4.40. Licence to operate certain plant
4.40A. Exemption from licensing -- hire of plant for less than 12 months
4.41. Application for a licence
4.42. Application for renewal of a licence
4.43. Grant and renewal of a licence
4.44. Commencement of a licence
4.45. Conditions of a licence
4.46. Variation of licence
4.47. Notification of compliance with maintenance requirement for plant other than tower cranes
4.48. Notification of compliance with maintenance requirement for tower cranes
4.49. Certain plant design to be registered
4.50. Notification of plant design
4.51. Application for registration
4.52. Registration of plant design
4.53. Conditions for registration of plant design
4.54. Alteration of plant design

Subdivision B--Special licences

4.55. Definitions for Subdivision B
4.55A. Exemption -- Australian Defence Organisation
4.56. Application for a special licence
4.57. Application for renewal of a special licence
4.58. Grant and renewal of a special licence
4.59. Commencement of a special licence
4.60. Conditions of a special licence
4.61. Cancellation or suspension of a special licence

Division 9--Review of decisions

4.63. Review of decisions

Division 10--Miscellaneous

4.64. Annual report of the Commission
4.65. Record-keeping by the Commission

PART 5--MANUAL HANDLING

Division 1--Introduction

5.01. Object of Part 5

Division 2--Duties of an employer

5.02. Duties of an employer -- general
5.03. Duties of an employer -- risk assessment
5.04. Duties of an employer -- risk control

Division 3--Duties of an employee

5.05. Duties of an employee -- use of training

PART 6--HAZARDOUS SUBSTANCES

Division 1--Introduction

6.01. Objects of Part
6.02. Application of Part
6.03. Definitions for Part

Division 2--Duties of a manufacturer, and a supplier, of a hazardous substance for the Commonwealth

6.04. Determination that a substance is a hazardous substance
6.05. Material Safety Data Sheets: Manufacturer's duties
6.06. Material Safety Data Sheets: Supplier's duties
6.07. Labelling of hazardous substances [see Note 2]
6.08. Ingredient disclosure: MSDS and labels
6.09. Disclosure by manufacturer of chemical identity of an ingredient -- general
6.10. Disclosure by manufacturer of chemical identity of an ingredient -- emergency
6.11. Provision of information by a supplier

Division 3--Duties of an employer in relation to the use of hazardous substances

6.12. Use of Material Safety Data Sheets
6.13. Use of labels
6.14. Register of hazardous substances
6.15. Provision of information about enclosed hazardous substances
6.16. Prohibition on uses of certain hazardous substances
6.16A. Exemption from regulation 6.16
6.17. Risk assessment for hazardous substances
6.17A. Exposure to scheduled carcinogenic substances
6.18. Instruction and training
6.19. Risk control
6.20. Atmospheric monitoring
6.21. Health surveillance
6.22. Record keeping
6.23. Emergency services

Division 4--Employees' duties in relation to hazardous substances

6.24. Duties of employees

PART 7--CONFINED SPACES

7.01. Objects of Part 7
7.02. Interpretation of Part 7
7.03. Manufacture of a confined space
7.04. Modification of a confined space
7.05. Hazard identification and risk assessment
7.06. Risk control
7.07. Risk control -- provision of equipment
7.08. Use of entry permits to control access to a confined space
7.09. Control of fire and explosion risk
7.10. Rescue arrangements
7.11. Instruction and training
7.12. Record keeping

PART 8--STORAGE AND HANDLING OF DANGEROUS GOODS

Division 8.1--Introduction

8.01. Objects of Part 8
8.02. Application of Part 8 to dangerous goods other than explosives
8.02A. Application of Part 8 to explosives
8.03. Substances with unknown physical properties
8.04. Definitions for Part 8
8.05. Classes of dangerous goods
8.06. Inconsistency between this Part and codes etc
8.07. Determinations in relation to dangerous goods taken to be regulations
8.08. Quantities of dangerous goods

Division 8.2--Duties of manufacturers, suppliers and installers

Subdivision 8.2.1--Duties of manufacturers of dangerous goods

8.09. Determination whether goods are dangerous goods
8.10. Material Safety Data Sheets

Subdivision 8.2.2--Duties of suppliers of dangerous goods

8.11. Containment, packaging and labelling of dangerous goods
8.12. Material Safety Data Sheets
8.13. Additional information

Subdivision 8.2.3--Duties of suppliers or installers of plant or structures

8.14. Supply or installation of plant or structures

Division 8.3--Duties of employers

Subdivision 8.3.1--Hazard identification and risk assessment

8.15. Hazard identification
8.16. Risk assessment

Subdivision 8.3.2--Risk control

8.17. Control of risk
8.18. Physical separation of dangerous goods from people, protected places and other property
8.19. Separation of dangerous goods from incompatible substances
8.20. Keeping dangerous goods stable etc
8.21. Impact protection -- structures and plant
8.22. Impact protection -- containers
8.23. Spills and containment of dangerous goods
8.24. Transfer of dangerous goods
8.25. Fire protection
8.26. Emergency procedures
8.27. Emergency plans
8.28. Elimination of ignition sources in hazardous areas
8.29. Safety equipment for controlling risks
8.30. Control of hazardous atmosphere
8.31. Provision of suitable lighting
8.32. Visitor information and supervision
8.33. Prevention of unauthorised access
8.34. Disposal etc of plant, equipment and containers

Subdivision 8.3.3--Provision of information

8.35. Provision of information for health and safety procedures
8.36. Material Safety Data Sheets
8.37. Availability of risk assessment records
8.38. Information for operators of plant and structures
8.39. Register of manifest quantities and site plan
8.40. Investigating and recording of dangerous occurrences

Subdivision 8.3.4--Notification of storage and handling of dangerous goods other than explosives

8.41. Employers other than defence employing authority
8.42. Defence employing authority
8.43. Form of notices
8.44. Comcare to acknowledge receipt of notice

Subdivision 8.3.4A--Notification of storage and handling of explosives

8.44A. Commission notification
8.44B. Form of notices
8.44C. Commission to acknowledge receipt of notice

Subdivision 8.3.5--Marking and identification of containers

8.45. Marking and identification of containers -- dangerous goods received by employer
8.46. Marking and identification of containers at the workplace
8.47. Containers for short-term storage of dangerous goods not required to be marked

Subdivision 8.3.6--Placards -- bulk dangerous goods and HAZCHEM

8.48. Placarding of bulk dangerous goods received by employer
8.49. Bulk dangerous goods placard -- dangerous goods stored in bulk
8.50. HAZCHEM outer warning placards -- quantity of dangerous goods or combustible liquids exceeds placarding quantity

Subdivision 8.3.7--Other placards -- quantity of packaged dangerous goods or combustible liquids exceeds placarding quantity

8.51. Application
8.52. Placards -- general
8.53. Placard for goods too dangerous to be transported
8.54. Placard for C1 combustible liquids
8.55. Location of placards

Subdivision 8.3.8--Accuracy of placards

8.56. Accuracy of placards

Subdivision 8.3.9--Employers' duties to employees

8.57. Consultation
8.58. Induction, training and supervision

Subdivision 8.3.10--Miscellaneous

8.59. Register of and information about dangerous goods -- all employers
8.60. Registers of information -- defence employing authority
8.61. Confidentiality of information

Division 8.4--Duties in relation to pipelines

8.62. Duty of employer who builds, owns or operates a pipeline
8.63. Notification in relation to pipelines -- employers other than defence employing authority
8.64. Notification in relation to pipelines -- defence employing authority
8.65. Form of notices
8.66. Comcare to acknowledge receipt of notice

Division 8.5--Duties of employees

8.67. Duties of employees

PART 9--MAJOR HAZARD FACILITIES

Division 9.1--Preliminary

9.01. Object of Part 9
9.02. Application of Part 9
9.03. Definitions for Part 9
9.04. Interpretation - quantity equalling or exceeding aggregate threshold quantity

Division 9.2--Notification and classification of a potential major hazard facility

Subdivision A--Notifications of potential major hazard facilities

9.05. Identification of potential major hazard facility -- notification by Commission
9.06. Notification of potential major hazard facility
9.07. Consideration of notification

Subdivision B--Classification of potential major hazard facility

9.08. Classification as major hazard facility
9.09. Notification of decision under subparagraph 9.07 (1) (b) (i)

Subdivision C--Revocation of classification of major hazard facility

9.10. Application for revocation of classification of major hazard facility
9.11. Consideration of application for revocation of classification
9.12. Revocation of classification as major hazard facility
9.13. Notification of decision under subparagraph 9.11 (1) (b) (i)

Subdivision D--Classification of identified major hazard facility

9.14. Identified major hazard facility taken to be classified under subparagraph 9.07 (1) (b) (i)

Division 9.3--Licence to operate a major hazard facility

Subdivision A--Licensing scheme for employers in control of major hazard facilities

9.15. Definition for Subdivision A
9.16. Licence to operate a major hazard facility
9.17. Exemptions from licensing requirement
9.18. Application for licence
9.19. Period for making an application for a licence
9.20. Issue of licence
9.21. Period for which licence is in force
9.22. Conditions of licence
9.23. Suspension or cancellation of licence

Subdivision B--Certificate of compliance scheme for employers in control of major hazard facilities

9.24. Definition for Subdivision B
9.25. Application for certificate of compliance
9.26. Issue of certificate of compliance
9.27. Period for which certificate of compliance is in force
9.28. Conditions of certificate of compliance
9.29. Suspension or cancellation of certificate of compliance

Subdivision C--Bridging licence scheme for employers in control of identified major hazard facilities

9.30. Bridging licence taken to be issued to employer in control of identified major hazard facility
9.31. Period for which bridging licence is in force
9.32. Conditions of bridging licence
9.33. Powers, duties and functions under identified State or Territory laws

Subdivision D--Transfer of licence or certificate of compliance between employers

9.34. Application for transfer of licence or certificate of compliance
9.35. Transfer of licence or certificate of compliance between employers
9.36. Effect of transfer of licence or certificate of compliance

Division 9.4--Duties of an employer

Subdivision A--Duties applying to all employers

9.37. Application of Subdivision A
9.38. Reporting requirements in relation to major accidents at major hazard facilities
9.39. Form of reports about major accidents
9.40. Service of reports
9.41. Records of major accidents

Subdivision B--Duties applying to an employer in control of certain major hazard facilities

9.42. Application of Subdivision B
9.43. Hazard identification
9.44. Risk assessment
9.45. Risk control
9.46. Safety management system
9.47. Safety report
9.48. Review of safety report by employer
9.49. Assessment of safety report by approved assessor
9.50. Provision of information to community
9.51. Training program
9.52. Ongoing training and education
9.53. Emergency plan
9.54. Review of emergency plan
9.55. Securing the major hazard facility

Subdivision C--Additional duty applying to employer in control of identified major hazard facility

9.56. Provision of licence issued under identified State or Territory law

Division 9.5--Duties of an employee and a contractor

9.57. Duties of an employee and a contractor

Division 9.6--Approval scheme for assessors

Subdivision A--Definition

9.58. Definition for Division 9.6

Subdivision B--Requirements for application for approval

9.59. Who may apply for approval?
9.60. Form of application
9.61. Information to be included in application

Subdivision C--Decision on application

9.62. Commission to decide application
9.63. Period for which approval is in force

Subdivision D--Conditions of approval

9.64. Conditions of approval

Subdivision E--Revocation of approval

9.65. Revocation of approval

Subdivision F--Register of approved assessors

9.66. Commission to maintain register of approved assessors

Division 9.7--Miscellaneous

9.67. Review of decisions
9.68. Confidentiality of information
9.69. Annual report of the Commission
9.70. Report to Minister on major accident
9.71. Directions to employer
9.72. Notification of transfer of control of major hazard facility

PART 10--ELECTRICITY

Division 10.1--Introduction

10.01. Object of Part 10
10.02. Definitions for Part 10

Division 10.2--Duties of employers

10.03. Duty to identify risks
10.04. Duty to assess and control risks
10.05. Duty to ensure that electrical work is carried out by a competent person
10.06. Duty to inspect and test electrical equipment
10.07. Duty to inspect and test electrical installations
10.08. Duty to disconnect unsafe electrical equipment and installations
10.09. Underground electrical cables
10.10. Overhead electrical lines
10.11. Cords, cables and fittings
10.12. Hazard warning signs

Division 10.3--Duty to keep records

10.13. Record-keeping

Division 10.4--Electrical installations

10.14. Electrical installations not energised
10.15. Electrical installation work -- safe system of work

Division 10.5--Duties of employees

10.16. Duty to undertake electrical work

Division 10.6--Duties of contractors

10.17. Duty to undertake electrical work

PART 11--DRIVER FATIGUE

Division 11.1--Introduction

11.01. Object of Part 11
11.02. Application of Part 11
11.03. Definitions for Part 11

Division 11.2--Duties of employers

11.04. Duty to assess and manage fatigue of drivers
11.05. Duty to assess risks
11.06. Duty to ensure that driver does not risk fatigue
11.07. Duty to develop and implement driver fatigue management plan

Division 11.3--Additional duty of employer to keep records

11.08. Record-keeping

Division 11.4--Duty of employer in the capacity of consignee or consignor

11.09. Consignee or consignor

Division 11.5--Duty of drivers who are employees

11.10. Cooperation with driver fatigue management plan

Division 11.6--Duty of drivers who are contractors

11.11. Cooperation with driver fatigue management plan

PART 12--CONSTRUCTION WORK

Division 12.1--Introduction

12.01. Object of Part 12
12.02. Definitions for Part 12
12.03. Meaning of construction work
12.04. Meaning of construction site

Division 12.2--General duties of employers in control of a construction project

12.05. Duty to identify hazards
12.06. Duty to establish procedures to identify and record hazards
12.07. Duty to assess risks
12.08. Duty to control risks
12.09. Measures to control risks
12.10. Duty to review procedures for hazard identification, and measures for assessment and control of risks
12.11. Duty to keep records
12.12. Duty to provide information and training

Division 12.3--Particular areas of risk

12.13. Duty to identify existing services and associated risks
12.14. Traffic control
12.15. Lighting
12.16. Access and egress
12.17. Public access
12.18. Emergency procedures
12.19. Maintaining the site
12.20. Exposure to the elements
12.21. Duty to provide amenities

Division 12.4--Occupational health and safety management plans

12.22. Occupational health and safety management plans

Division 12.5--High-risk construction work

12.23. Safe work method statements for high-risk construction work

Division 12.6--Education and training

12.24. Induction training before commencing work

Division 12.7--Duties of employees and contractors

12.25. Duty to undertake training
12.26. Duty to work in accordance with training, information and instructions

PART 13--FALLS FROM 2 METRES OR MORE

Division 13.1--Introduction

13.01. Object of Part 13
13.02. Application of Part 13
13.03. Definitions for Part 13

Division 13.2--Duties of employers

13.04. Employer's duty to identify tasks that involve fall hazard
13.05. Employer's duty to control risk
13.06. Risk control measures
13.07. Employer must maintain control measures and equipment
13.08. Use of fixed or portable ladder
13.09. Use of administrative control
13.10. Use of plant
13.11. Emergency procedures
13.12. Employer's duty to provide information, instruction and training
13.13. Employer's duty to keep records

Division 13.3--Duties of employees and contractors

13.14. Duty of employee or contractor

PART 20--DEFINITIONS

20.01. Interpretation
SCHEDULE 1A Scheduled carcinogenic substances
SCHEDULE 1 Hazardous substances
SCHEDULE 1B Exemption from regulation 6.16
SCHEDULE 2 Hazardous substances for which health surveillance is required
SCHEDULE 5 Plant standards
SCHEDULE 6 Types of plant
SCHEDULE 7 Quantities of dangerous goods
SCHEDULE 8 Placard requirements for dangerous goods
SCHEDULE 9 Materials at major hazard facilities and potential major hazard facilities -- threshold quantities
SCHEDULE 9A Information to be included in safety report

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