Occupational Health and Safety Act 2000 OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - Made under the Occupational Health and Safety Act 2000 - As at 20 June 2008 - Reg 648 of 2001 TABLE OF PROVISIONS TABLE OF PROVISIONS CHAPTER 1 - PRELIMINARY 1. Name of Regulation 2. Commencement 3. Definitions 4. Application of Regulation 5. Meaning of “control” of risks 6. Application of provisions providing for alternative duties if primary duty not reasonably practicable 7. Application of provisions of Part 2 of the Act (relating to general duties of certain persons) to persons having duties under this Regulation 8. Responsibilities held by more than one responsible person CHAPTER 2 - PLACES OF WORK—RISK MANAGEMENT AND OTHER MATTERS ____ 9. Employer to identify hazards 10. Employer to assess risks 11. Employer to eliminate or control risks 12. Employer to review risk assessments and control measures 13. Employer to provide instruction, training and information 14. Employer to provide supervision 15. Provision by an employer of personal protective equipment 16. Employer to obtain information 17. Employer to provide for emergencies 18. Employer to provide amenities 19. Maintenance of amenities and accommodation 20. Employer to provide first aid facilities and personnel CHAPTER 3 - WORKPLACE CONSULTATION ____ 21. Definitions 22. Setting up consultation arrangements (section 15 (f) of the Act) 23. Workgroups represented by OHS committees or OHS representatives 24. Minimum requirements for OHS committees 25. Minimum requirements for election of OHS representatives 26. Other agreed arrangements (sections 16 (c) and 17 (3) of the Act) 27. Related obligations of employer with respect to duty to consult 28. Employees to disclose certain matters 29. Procedure for resolving matter that may be risk to health and safety 30. Additional functions of OHS committees and OHS representatives (section 18 (d) of the Act) 31. Training to be undertaken by members of OHS committees and OHS representatives 32. Savings and transitional arrangements CHAPTER 4 - WORK PREMISES AND WORKING ENVIRONMENT ____ PART 4.1 - PRELIMINARY 33. Definitions (and application of certain provisions) PART 4.2 - WORK PREMISES ____ Division 1 - General duties of controllers of premises 34. Controller of premises to identify hazards 35. Controller of premises to assess risks 36. Controller of premises to eliminate or control risks 37. Controller of premises to review risk assessments and control measures 38. Controller of premises to provide information Division 2 - Fall prevention 39. Fall prevention—particular risk control measures Division 3 - Electricity 40. Application 41. Electricity—particular risk control measures Division 4 - Asbestos 42. Definitions 43. Asbestos—risk assessment and control 44. Record keeping—register of asbestos PART 4.3 - USE OF PLACES OF WORK ____ Division 1 - Working space 45. Working space—particular risk control measures Division 2 - Lighting 46. Lighting—particular risk control measures Division 3 - Heat and cold 47. Hot working environments—particular risk control measures 48. Cold working environments—particular risk control measures Division 4 - Noise management 49. Noise management—particular risk control measures Division 5 - Atmosphere 50. Definitions 51. Atmospheric contaminants—particular risk control measures 52. Unsafe levels of oxygen—risk control measures 53. Ventilation—particular risk control measures 54. Entry protection—contaminated atmosphere or unsafe levels of oxygen 55. Atmospheric monitoring Division 6 - Working at heights 56. Prevention of falls from heights—particular risk control measures 57. Falling objects—particular risk control measures 58. Scaffolding—particular risk control measures 59. Lifts—particular risk control measures 60. Brittle or fragile roofs—particular risk control measures 61. Building maintenance—particular risk control measures Division 7 - Fire and explosion 62. Fire and explosion—particular risk control measures Division 8 - Electricity 63. Application 64. Electricity—particular risk control measures 65. Maintenance of records—electricity Division 9 - Working in confined spaces 66. Definitions 67. Application 68. Entry to or work in or on confined space—particular risk control measures 69. Isolation or control of potentially hazardous services—particular risk control measures 70. Purging before entry—particular risk control measures 71. Safety of atmosphere—particular risk control measures 72. Entry permits—particular risk control measures 73. Stand-by persons—particular risk control measures 74. Emergencies—particular risk control measures 75. Entry protection—particular risk control measures 76. Atmospheric testing and monitoring—particular risk control measures 77. Training 78. Record keeping PART 4.4 - MANUAL HANDLING ____ 79. Definition 80. Employer to control risks 81. Assessment of risks PART 4.5 - LONG DISTANCE TRUCK DRIVER FATIGUE 81A. Definitions 81B. Duty to assess and manage fatigue of drivers 81C. Duty of consignors and consignees to make inquiries as to likely fatigue of drivers 81D. Driver fatigue management plans 81E. Application of Part to consignors and consignees and their agents 81F. Records CHAPTER 5 - PLANT ____ PART 5.1 - PRELIMINARY 82. Definitions 83. Plant affecting public safety PART 5.2 - DESIGN, MANUFACTURE AND REGISTRATION OF PLANT Division 1 - Design of plant ____ 84. Application 85. Manufacturers and importers of plant designed outside the State to ensure that designer’s responsibilities are met 86. Designer to identify hazards 87. Designer to assess risks 88. Designer to review risk assessment 89. Designer to control risks 90. Guarding—particular risk control measures 91. Operational controls—particular risk control measures 92. Emergency stops and warning devices—particular risk control measures 93. Design of powered mobile plant—particular risk control measures 94. Mandatory design standards—particular risk control measures 95. Specifying work systems and operator competencies—particular risk control measures 96. Designer to provide information 97. Designer to obtain information Division 2 - Manufacture of plant ____ 98. Application 99. Importers of plant manufactured outside the State to ensure that manufacturer’s responsibilities are met 100. Manufacturer to identify hazards 101. Manufacturer to assess risks 102. Manufacturer to review risk assessment 103. Manufacturer to control risks 104. Manufacture of powered mobile plant—particular risk control measures 105. Manufacturer to provide information 106. Manufacturer to obtain information Division 3 - Registration of plant ____ Subdivision 1 - Registration of plant design 107. Application for registration of plant design 108. WorkCover may request further information 109. Processing of application by WorkCover 110. Cancellation of design registration in certain circumstances 111. Design registration number to be provided to certain persons 112. Registration under equivalent law Subdivision 2 - Registration of items of plant 113. Application for registration of item of plant 114. Additional requirements for application to register amusement device 115. Processing of application by WorkCover 116. Cancellation of registration of item of plant in certain circumstances 117. Automatic cancellation of registration 118. Renewal of registration 119. Registration under equivalent law PART 5.3 - SUPPLY OF PLANT ____ Division 1 - Preliminary 120. Application Division 2 - Sale or transfer of plant 121. Seller or transferor to control risks 122. Seller or transferor to provide information 123. Seller or transferor to obtain information Division 3 - Hiring or leasing plant ____ 124. Hirer or lessor to identify hazards 125. Hirer or lessor to assess risks 126. Hirer or lessor to review risk assessment 127. Hirer or lessor to control risks 128. Maintenance, repair, testing and cleaning of plant—particular risk control measures 129. Plant under pressure—particular risk control measures 130. Powered mobile plant—particular risk control measures 131. Hirer or lessor to keep records 132. Hirer or lessor to provide information 133. Hirer or lessor to obtain information PART 5.4 - WORKING WITH PLANT ____ 134. Application 135. Installation, erection and commissioning of plant—particular risk control measures 136. Use of plant—registration requirements and particular risk control measures 137. Maintenance and repair of plant—particular risk control measures 138. Dismantling, storage and disposal of plant—particular risk control measures 139. Use of amusement devices—particular risk control measures 140. Plant under pressure—particular risk control measures 141. Powered mobile plant—particular risk control measures 142. Plant designed to lift or move—particular risk control measures 143. Employer to keep records 144. Employer to provide information CHAPTER 6 - HAZARDOUS SUBSTANCES ____ PART 6.1 - PRELIMINARY 145. Definitions 146. Application 147. Exclusion of certain substances PART 6.2 - MANUFACTURE OF HAZARDOUS SUBSTANCES ____ 148. Application 149. Manufacturer to identify hazardous substances 150. Manufacturer to prepare material safety data sheet 151. Manufacturer to provide MSDS 152. Manufacturer to disclose ingredients to medical practitioner 153. Manufacturer to disclose ingredients to other persons PART 6.3 - SUPPLY OF HAZARDOUS SUBSTANCES ____ Division 1 - Preliminary 154. Application Division 2 - Supply of hazardous substances generally 155. Supplier to provide MSDS 156. Supplier to ensure hazardous substances are labelled 157. Supplier to provide other information Division 3 - Supply of carcinogenic substances—particular provisions 158. Definitions 159. Supply of carcinogenic substances 160. Supplier to keep records of supply of carcinogenic substances PART 6.4 - USE OF HAZARDOUS SUBSTANCES 161. Application 162. Employer to obtain MSDS 163. Employer to ensure containers are labelled 164. Use of hazardous substances 165. Employer to provide health surveillance 166. Medical practitioner to notify results of health surveillance 167. Employer to keep register of hazardous substances 168. Employer to record risk assessments 169. Employer to keep record of employees exposed to carcinogenic substances 170. Employer to provide statement to employees exposed to carcinogenic substances 171. Employer to retain certain material as record 172. Medical practitioner to retain records 173. Employer to identify hazardous substances in enclosed systems 174. Employer to provide information to WorkCover and emergency services CHAPTER 6A - DANGEROUS GOODS ____ PART 6A.1 - PRELIMINARY 174A. Meaning of “dangerous goods” 174B. Definitions 174C. Dangerous goods to which section 135A of the Act applies 174D. Application of Chapter 174E. Non-application of Chapter PART 6A.2 - MANUFACTURE, IMPORT AND SUPPLY OF DANGEROUS GOODS ____ Division 1 - General 174F. Application—importers to ensure manufacturers’ responsibilities are met 174G. Manufacturer to identify dangerous goods 174H. Packing and labelling by manufacturer 174I. Restrictions on supply Division 2 - Material safety data sheets 174J. Manufacturer to prepare material safety data sheet 174K. Manufacturer to provide MSDS 174L. Manufacturer to disclose ingredients to medical practitioner 174M. Supplier to provide MSDS PART 6A.3 - OBLIGATIONS OF OCCUPIERS Division 1 - Preliminary 174N. Definitions Division 2 - Hazard identification and risk assessment 174O. Duties in relation to dangerous goods 174P. Extension of hazard identification and risk assessment provisions 174Q. Risk assessment Division 3 - Particular risk control measures Subdivision 1 - Stability and interaction with dangerous goods 174R. Stability of dangerous goods 174S. Separation of dangerous goods 174T. Preventing interaction with other substances 174U. Ignition sources in hazardous areas 174V. Atmospheric emissions 174W. Preventing contamination of food and personal products 174X. Containers for dangerous goods in bulk 174Y. Containment of spills 174Z. Transfer of dangerous goods 174ZA. Impact protection Subdivision 2 - Preparedness for emergencies 174ZB. Fire protection 174ZC. Planning for emergencies Subdivision 3 - Safety equipment and safe access 174ZD. Safety equipment 174ZE. Safe access Subdivision 4 - Plant, equipment and containers 174ZF. Cleaning or decommissioning plant, equipment and containers Subdivision 5 - Provision of information 174ZG. Occupier to obtain MSDS 174ZH. Occupier to ensure containers are labelled and enclosed systems are identified Subdivision 6 - Placards 174ZI. Commencement of Subdivision 174ZJ. Outer warning placards 174ZK. Other placarding requirements 174ZL. Different location permitted 174ZM. Revision Subdivision 7 - Manifests 174ZN. Manifest to be maintained Subdivision 8 - Serious incidents and other incidents ____ 174ZO. Response to serious incidents and other incidents 174ZP. Investigation of serious incidents and other incidents 174ZQ. Risk assessment and control following serious incidents and other incidents 174ZR. WorkCover may request information Subdivision 9 - Notification 174ZS. Notification to WorkCover Subdivision 10 - Miscellaneous 174ZT. Security at premises 174ZU. Lighting PART 6A.4 - OBLIGATIONS OF EMPLOYERS 174ZV. Employer to retain records of induction and training 174ZW. Employer to keep register of dangerous goods 174ZX. Employer to record risk assessments PART 6A.5 - SPECIFIC PROVISIONS APPLYING TO ALL DANGEROUS GOODS TO WHICH SECTION 135A OF ACT APPLIES 174ZY. Application 174ZZ. Self-service fuel dispensing units 174ZZA. Fuel dispensing units generally 174ZZB. Positioning of liquefied gas cylinders 174ZZC. Valves 174ZZD. Filling of balloons and other containers 174ZZE. Decommissioning of LPG tanks CHAPTER 7 - HAZARDOUS PROCESSES ____ PART 7.1 - SPRAY PAINTING 175. Definitions 176. Application 177. Spray painting in spray booths—particular risk control measures 178. Spray painting outside spray booths—particular risk control measures 179. Electrostatic spray painting—particular risk control measures PART 7.2 - ABRASIVE BLASTING 180. Definitions 181. Application 182. Abrasive blasting—particular risk control measures 183. Supply of respirators and personal protective equipment 184. Control of substances used in abrasive blasting PART 7.3 - WELDING 185. Definition 186. Application 187. Exposure to atmospheric contaminants and other hazards—particular risk control measures 188. Supply of respirators 189. Ultraviolet radiation—particular risk control measures PART 7.4 - ELECTROPLATING 190. Definition 191. Application 192. Exposure to atmospheric contaminants and other hazards—particular risk control measures 193. Labelling of containers 194. Cyanide—particular risk control measures PART 7.5 - MOLTEN METAL 195. Definitions 196. Application 197. Atmospheric contaminants and other hazards—particular risk control measures 198. Exposure to radiation—particular risk control measures PART 7.6 - LEAD PROCESSES AND LEAD RISK WORK 199. Definitions 200. Application 201. Employer to control risks from lead 202. Biological monitoring and health surveillance 203. Employer to remove certain employees from lead risk work 204. Pregnant or breastfeeding employee to advise employer PART 7.7 - ELECTRICAL WORK ____ 205. Definitions 206. Application 207. Electrical work on electrical installations—safety measures 208. Electrical testing on electrical installations—safety measures CHAPTER 8 - CONSTRUCTION WORK ____ PART 8.1 - PRELIMINARY 209. Definitions 210. Appointment of principal contractor 211. Cost of construction work PART 8.2 - OHS INDUCTION TRAINING—CONSTRUCTION WORK ____ 212. Definitions 213. Principal contractors to ensure that OHS induction training undertaken 214. Employers to ensure OHS induction training undertaken 215. Self-employed persons to undergo OHS induction training 215A. Holder of OHS induction training certificate to produce certificate 216. Meaning of “OHS induction training” 217. General health and safety induction training 217A. Accreditation of individuals to conduct OHS induction training 218. Work activity based health and safety induction training 219. Site specific health and safety induction training 220. Statements of OHS induction training 220A. OHS induction training certificates 220B. Replacement of lost, stolen, damaged or destroyed OHS induction training certificates 220C. Cancellation of OHS induction training certificates 221. Savings relating to construction work experience 222. Lapsing of currency of OHS training and OHS training statements 223. Principal contractors and employers to keep records PART 8.3 - SPECIAL WORKPLACE ARRANGEMENTS FOR CONSTRUCTION WORK ____ 224. Definition 225. Responsibilities of contractors to be in addition to responsibilities as employers 226. Responsibility of principal contractor to prepare an OHS management plan 227. Responsibility to provide safe work method statements—principal contractor and sub-contractors 228. Responsibility of principal contractor to keep register of hazardous substances 229. Responsibilities of sub-contractors PART 8.4 - CONTROL OF RISKS ARISING DURING CONSTRUCTION WORK 230. Application 231. Overhead protective structures—particular risk control measures 232. Safe means of lowering materials—particular risk control measures 233. Formwork—particular risk control measures 234. Prevention of structural collapse—particular risk control measures 235. Site security—particular risk control measures 236. Use of compressed air—particular risk control measures 237. Laser work PART 8.5 - EXCAVATION WORK—PARTICULAR PROVISIONS 238. Definition 239. Application 240. Protection of stability of excavation work—particular risk control measures 241. Potential risks arising from excavation work—particular risk control measures 242. Regular inspection mandatory for excavations of 1 metre or more—particular risk control measures 243. Caissons and cofferdams—particular risk control measures 244. Supervision 245. Safe access and egress PART 8.6 - DEMOLITION WORK—PARTICULAR PROVISIONS 246. Definitions 247. Work to be done in accordance with Australian Standard and this Part 248. Investigations 249. Carrying out demolition work 250. Working in or below building being demolished 251. Buildings adjacent to public places 252. Demolition within confines of building 253. Overhead protective structures 254. Scaffolding 255. Demolition of chimney stacks 256. Notification of dangerous work PART 8.7 - ASBESTOS—PARTICULAR PROVISIONS 257. Definitions 258. Application 259. Particular risk control measures 260. Friable asbestos material 261. Monitoring PART 8.8 - DIVING WORK—PARTICULAR PROVISIONS 262. Definition 263. Application 264. Particular risk control measures CHAPTER 9 - CERTIFICATION OF WORKERS PART 9.1 - CERTIFICATES OF COMPETENCY FOR SCAFFOLDING, DOGGING, RIGGING, THE OPERATION AND USE OF PLANT AND OTHER WORK Division 1 - Preliminary 265. Definitions 266. Scheduled work 267. Application of Part 267A. Manner of giving written notice 268. Former authorities 269. Recognised qualifications Division 2 - Work for which certificates of competency or recognised qualifications are required 270. Requirement to be qualified to do scheduled work 271. Exception for trainees 272. Responsibility for providing supervision of trainees 273. Responsible person’s obligations 274. Supervisor’s obligations 275. Trainee’s obligations 276. Exception for holders of notices of satisfactory assessment 277. Exception for maintenance or demonstration Division 3 - Assessment of competency 278. Standards of competency 279. Assessors 280. Applications for assessment 281. Assessment of competency 282. Assessment guidelines 283. Appeals against decisions by assessors 283A. Assessment of competency at direction of WorkCover Division 4 - Accreditation of assessors 284. Accreditation of assessors 285. Form of certificates of accreditation 286. Term of accreditation 287. Suspension and cancellation of accreditation 287A. Immediate suspension 288. Cancelled certificates of accreditation must be surrendered Division 5 - Issue of certificates of competency 289. Applications for certificates 290. Issue of certificates 291. Conversion of recognised qualifications to certificates of competency 292. Form of certificates 293. Term of certificates 293A. Renewal of certificates 294. Replacement of lost, stolen, damaged or destroyed certificates of competency 295. Holder to produce certificate Division 6 - Suspension or cancellation of certificates of competency 296. Suspension or cancellation of certificates 297. Immediate suspension 298. Cancelled certificates must be surrendered PART 9.2 - CERTIFICATES OF COMPETENCY FOR FORMWORK AND THE OPERATION AND USE OF EXPLOSIVE-POWERED TOOLS Division 1 - Preliminary 299. Definitions 300. Former certificates of competency Division 2 - Work for which certificates of competency are required 301. Requirement to be qualified to do work to which this Part applies 302. Exception for trainees 303. Responsibility for providing supervision of trainees 304. Responsible person’s obligations 305. Supervisor’s obligations 306. Trainee’s obligations Division 3 - Assessment of competency 307. Assessment of competency Division 4 - Issue of certificates of competency 308. Applications for certificates 309. Issue of certificates 310. Form of certificates 311. Term of certificates 311A. Renewal of certificates 312. Replacement of lost, stolen, damaged or destroyed certificates of competency 313. Holder to produce certificate Division 5 - Suspension or cancellation of certificates of competency 314. Suspension or cancellation of certificates 315. Immediate suspension 316. Cancelled certificates must be surrendered CHAPTER 10 - LICENSING OF CERTAIN BUSINESSES PART 10.1 - PRELIMINARY 317. Definitions PART 10.2 - LICENCES REQUIRED FOR DEMOLITION OR ASBESTOS REMOVAL WORK 318. Licensed work not to be carried on without a licence PART 10.3 - PROVISIONS RELATING TO LICENCES ____ 319. Applications for licences or renewals 320. Eligibility for licence 321. Determination of applications 322. Notice of refusal 323. Term of licences 324. Licence fees 325. Condition of licence relating to supervision 326. Amendment of conditions of licences 327. Licences to be displayed 328. Suspension or cancellation of licences 329. Cancelled licences to be returned to WorkCover PART 10.4 - SAVINGS AND TRANSITIONAL PROVISIONS 330. Savings and transitional provisions CHAPTER 11 - PERMITS FOR CERTAIN WORK PART 11.1 - PRELIMINARY 331. Definitions PART 11.2 - PERMITS REQUIRED FOR DEMOLITION OR FRIABLE ASBESTOS REMOVAL WORK 332. Demolition work or friable asbestos removal work not to be done without a permit PART 11.3 - PROVISIONS RELATING TO PERMITS ____ 333. Applications for permits 334. Determination of applications 335. Term of permits 336. Amendment of conditions of permits 337. Permits to be displayed 338. Suspension and cancellation of permits 339. Cancelled permits to be returned to WorkCover PART 11.4 - SAVINGS AND TRANSITIONAL PROVISIONS 340. Savings and transitional provisions CHAPTER 12 - MISCELLANEOUS PART 12.1 - NOTIFICATION OF ACCIDENTS AND OTHER MATTERS 341. Notification of incidents—additional incidents to be notified 341A. How notice of incidents is to be given 342. Variation of obligations under section 86 of the Act—employers to notify WorkCover of incidents 343. Retention of records of notice acknowledgement PART 12.2 - PRESCRIPTION OF ADDITIONAL SERIOUS INCIDENTS 344. Non-disturbance of places and plant involved in serious incidents—additional serious incidents PART 12.3 - NOTIFICATIONS OF PROPOSED WORK 345. Proposed work in respect of which notice to WorkCover is required 346. WorkCover to be notified of any reviews of risk assessments PART 12.4 - EXEMPTIONS 347. Exemptions for particular persons on application 348. Exemptions for classes of persons or things 349. Register of exemptions 350. Phasing out of former exemptions PART 12.5 - REVIEWS OF WORKCOVER DECISIONS 351. Decisions subject to review by the Administrative Decisions Tribunal: section 36 of the Act PART 12.6 - PENALTY NOTICE OFFENCES 352. Definitions 353. Penalty notice offences and penalties 354. Authorised officers 355. (Repealed) PART 12.7 - OTHER MISCELLANEOUS PROVISIONS 356. False or misleading information in applications 357. Additional officers authorised to consent to the institution of proceedings for offences 358. Application of Act to mines and coal workplaces: references to WorkCover 358A. Sharing of information between WorkCover and Department of Primary Industries 359. Continuation of former OHS shop provisions 360. Notes 361. Transitional application of sentencing guideline provisions 362. Savings and transitional provisions SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 4A SCHEDULE 5 SCHEDULE 6 SCHEDULE 7 OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 1 Name of Regulation 1 Name of Regulation This Regulation is the Occupational Health and Safety Regulation 2001. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 2 Commencement 2 Commencement This Regulation commences on the commencement of the Act. Date of commencement: 1.9.2001—see Gazette No 129 of 24.8.2001, page 6186. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 3 Definitions 3 Definitions (1) In this Regulation: "ADG Code" means the Australian Code for the Transport of Dangerous Goods by Road and Rail approved by the Ministerial Council for Road Transport and published by the Australian Government from time to time. "approved form" means the form approved for the time being by WorkCover for the purposes of the provision in which the expression is used. "authorised medical practitioner" means a medical practitioner authorised by WorkCover, or authorised by another body or under a scheme approved by WorkCover, to perform health surveillance for the purposes of this Regulation. "building" includes a structure, and includes part of a building or structure. "chemical name" of a substance means a recognised chemical name of the substance that is generally used in scientific or technical texts. "competent person" for any task means a person who has acquired through training, qualification or experience, or a combination of them, the knowledge and skills to carry out that task. "construction work" means any of the following: (a) excavation, including the excavation or filling of trenches, ditches, shafts, wells, tunnels and pier holes, and the use of caissons and cofferdams, (b) building, including the construction (including the manufacturing of prefabricated elements of a building at the place of work concerned), alteration, renovation, repair, maintenance and demolition of all types of buildings, (c) civil engineering, including the construction, structural alteration, repair, maintenance and demolition of, for example, airports, docks, harbours, inland waterways, dams, river and avalanche and sea defence works, roads and highways, railways, bridges and tunnels, viaducts, and works related to the provision of services such as communications, drainage, sewerage, water and energy supplies. "consumer package" means a container that is intended for retail display and sale, and includes a container that is transported and distributed as part of a larger consolidated container that consists of a number of identical consumer packages. "dangerous goods", except in Chapter 6A, has the same meaning as in the ADG Code. "emergency service" includes any of the following: (a) the Ambulance Service of New South Wales, (b) New South Wales Fire Brigades, (c) the NSW Rural Fire Service, (d) the NSW Police Force, (e) the State Emergency Service, (f) the New South Wales Volunteer Rescue Association Incorporated, (g) an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989. "employer" includes self-employed person in Chapters 2, 4, 5, 6, 6A, 7 and 8. "former Act" means the Occupational Health and Safety Act 1983. "generic name" of a substance means a name that describes the category or group of chemicals to which the substance belongs (for example, azo dyes or halogenated aromatic amines). "hazard" means anything (including work practices or procedures) that has the potential to harm the health or safety of a person. "hazardous substance" means a substance that: (a) is listed in the document entitled “ List of Designated Hazardous Substances [NOHSC: 10005 (1999)] ” published by the NOHS Commission, as in force from time to time, or (b) fits the criteria for a hazardous substance set out in the document entitled “ Approved Criteria for Classifying Hazardous Substances [NOHSC: 1008 (1999)] ” published by the NOHS Commission, as in force from time to time. "health practitioner" means a health practitioner within the meaning of the Health Care Complaints Act 1993. "height" of a building means the height measured from ground level to its highest part. "ingredient" means any component of a substance, and includes any impurity that is mixed in with the substance. "LEL (lower explosive limit)" means the concentration of flammable gas or vapour in air below which the gas atmosphere is not explosive. "NOHS Commission" means the National Occupational Health and Safety Commission of the Commonwealth. "penalty levels" —see subclause (2). "product name" of a substance means the brand name, trade name, code name or code number specified by the supplier of the substance. "public place" means a public road or any other place to which the public, whether on payment of a fee or otherwise, ordinarily has access. "record" includes any form in which information is stored on a permanent basis or from which information may be reproduced. "retail warehouse operator" means a person who operates a warehouse at which unopened packaged goods intended for retail sale are held, but does not include a retailer. "retailer" means a person who sells goods to members of the public who are not themselves engaged in any further resale of those goods. "risk phrase", in relation to a substance, means a phrase that describes the hazards of the substance, as referred to in the document entitled List of Designated Hazardous Substances [NOHSC: 10005 (1999)] published by the NOHS Commission, as in force from time to time. "safety phrase", in relation to a substance, means a phrase that describes the procedures for the safe handling or storage of the substance, or the use of personal protective equipment in conjunction with the substance, as referred to in the document entitled List of Designated Hazardous Substances [NOHSC: 10005 (1999)] published by the NOHS Commission, as in force from time to time. "substance" means any natural or artificial entity, composite material, mixture or formulation, other than something (that is not a fluid or particle) that: (a) is formed during production to a specific shape or design, or to have a specific surface, and (b) has an end use that depends in whole or in part on its shape, design or surface, and (c) undergoes no change in chemical composition or physical state during its end use, except as an intrinsic aspect of that end use. Note: In a number of publications relating to hazardous substances the things that are excluded from the definition of "substance" are called “articles”. "the Act" means the Occupational Health and Safety Act 2000. "WorkCover" means the WorkCover Authority constituted under the Workplace Injury Management and Workers Compensation Act 1998. Note: Other relevant definitions are contained in the Act and the Interpretation Act 1987. They include the following: "employee" means an individual who works under a contract of employment or apprenticeship. "employer" means a person who employs persons under contracts of employment or apprenticeship. "occupier" of premises includes: (a) a person who, for the time being, has (or appears to have) the charge, management or control of the premises, or (b) a person who, for the time being, is in charge (or appears to be in charge) of any operation being conducted on the premises. "place of work" means premises where persons work. "plant" includes any machinery, equipment or appliance. "premises" includes any place, and in particular includes: (a) any land, building or part of any building, or (b) any vehicle, vessel or aircraft, or (c) any installation on land, on the bed of any waters or floating on any waters, or (d) any tent or movable structure. "self-employed person" means a person who works for gain or reward otherwise than under a contract of employment or apprenticeship, whether or not employing others. "work" means work as an employee or as a self-employed person. The Interpretation Act 1987 also provides that expressions defined for the purposes of this Regulation apply except in so far as the context or subject-matter otherwise indicates or requires. (2) The following levels of penalty apply for the purposes of determining the maximum penalty for an offence against a provision of this Regulation, and references in this Regulation to those levels are to be construed accordingly: (a) Level 1—20 penalty units, (b) Level 2—30 penalty units, (c) Level 3—100 penalty units, (d) Level 4—250 penalty units. Note: At the time of making this Regulation, each penalty unit was $110—see section 17 of the Crimes (Sentencing Procedure) Act 1999. (3) In this Regulation, a reference to an Australian Standard is a reference to an Australian Standard (AS) or an Australian/New Zealand Standard (AS/NZS) published by Standards Australia in the year referred to in the citation of the Standard, as in force from time to time. (4) If WorkCover has indicated, by notice in writing, that it is satisfied that another standard provides an equivalent standard of safety to an Australian Standard or an Australian/New Zealand Standard, that other standard may be applied instead for the purposes of the relevant provision of this Regulation. (5) If there is an inconsistency between a provision of this Regulation and a provision of an Australian Standard or another standard referred to in this Regulation, the provision of this Regulation prevails. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 4 Application of Regulation 4 Application of Regulation (1) This Regulation applies to all places of work, except as provided by this Regulation. (2) Chapter 5 applies to plant affecting public safety, whether or not the plant is at a place of work or for use at work. (3) This Regulation does not apply to a mine, except as specified in Schedule 4. (4) This Regulation does not apply to a coal workplace, except as specified in Schedule 4A. Note: Part 2 of the Act imposes general obligations on employers and other persons and creates offences for breaches of those obligations. This Regulation imposes additional obligations on those persons and on others. Section 29 of the Act provides that compliance with the regulations is not in itself a defence in any proceedings for an offence against Part 2 of the Act (subject to any regulations that modify Part 2), but also provides that a relevant contravention of the regulations is admissible in evidence in any proceedings for an offence against Part 2. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 5 Meaning of “control” of risks 5 Meaning of “control” of risks (1) For the purposes of this Regulation, an obligation to "control" a risk to health or safety (in any case in which the elimination of the risk is not reasonably practicable) is an obligation to take the following measures (in the order specified) to minimise the risk to the lowest level reasonably practicable: (a) firstly, substituting the hazard giving rise to the risk with a hazard that gives rise to a lesser risk, (b) secondly, isolating the hazard from the person put at risk, (c) thirdly, minimising the risk by engineering means, (d) fourthly, minimising the risk by administrative means (for example, by adopting safe working practices or providing appropriate training, instruction or information), (e) fifthly, using personal protective equipment. (2) A combination of the above measures is required to be taken to minimise the risk to the lowest level reasonably practicable if no single measure is sufficient for that purpose. (3) Any obligation in this Regulation to control a risk by taking specific risk control measures, or by taking specific risk control measures in a particular order, is in addition to the obligations referred to in subclauses (1) and (2). Note: For an example in which the above clause applies, see clause 11 (general obligation of employers and self-employed persons to eliminate risks or, if not reasonably practicable to do so, to control the risk). OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 6 Application of provisions providing for alternative duties if primary duty not reasonably practicable 6 Application of provisions providing for alternative duties if primary duty not reasonably practicable (1) This clause applies to any provision of this Regulation that imposes a duty, such as a duty to eliminate a risk, on a person (the "primary duty"), but provides that if it is not reasonably practicable to comply with that duty, the person is required to comply with another duty, such as a duty to control the risk (the "alternative duty"). Note: See duties to eliminate risks or, if that is not reasonably practicable, to control the risk (clause 11). See also particular alternative control measures in clause 5. (2) For the purposes of this Regulation, the primary duty of a person is not replaced by the alternative duty unless the person can establish that it is not reasonably practicable to comply with the primary duty. Note: Section 28 of the Act provides a defence if the person can establish that it is not reasonably practicable to comply with the alternative duty. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 7 Application of provisions of Part 2 of the Act (relating to general duties of certain persons) to persons having duties under this Regulation 7 Application of provisions of Part 2 of the Act (relating to general duties of certain persons) to persons having duties under this Regulation (1) Section 10 (3) and (4) of the Act apply to the duties under this Regulation of a person who has control of premises used by people as a place of work. The effect of subclause (1) is to provide that the duties under this Regulation of a person who has control of premises used by people as a place of work: (a) do not apply to premises used only by employees of the controller, and (For the duties of an employer who is also the controller of the premises, see section 8 of the Act and the provisions of this Regulation imposing duties on employers.) (b) do not apply to premises occupied only as a private dwelling, and (c) end to the means of access to or exit from a place of work, and (d) apply only if the premises are controlled in the course of a trade, business or other undertaking (whether for profit or not) of the controller. If a controller of premises: (a) has only limited control of the premises, any duty under this Regulation applies only to the matters over which the controller has control, or (b) is a controller by virtue of having, under a contract or lease, an obligation to maintain or repair the premises, any duty under this Regulation applies only to the matters covered by the contract or lease. (2) Section 11 (2) and (3) of the Act apply to the duties under this Regulation of designers, manufacturers and suppliers of plant and substances for use by people at work (other than plant affecting public safety). The principal effect of subclause (2) is to provide that the duties under this Regulation of designers, manufacturers and suppliers of plant and substances for use by people at work (other than plant affecting public safety): (a) apply only if the plant or substance is designed, manufactured or supplied in the course of a trade, business or other undertaking (whether for profit or not), and (b) apply whether or not the plant or substance is exclusively designed, manufactured or supplied for use by people at work. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 8 Responsibilities held by more than one responsible person 8 Responsibilities held by more than one responsible person If more than one person has a responsibility with respect to a particular occupational health and safety matter under this Regulation: (a) each such person retains responsibility for the matter, and (b) the responsibility is to be discharged in a co-ordinated manner. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - NOTES Note to Chapter 2This Chapter imposes obligations on an employer to identify foreseeable hazards that may arise from the conduct of the employer’s undertaking, to assess the risks of those hazards and to eliminate the risks or, if not reasonably practicable to do so, to control the risks. Division 2 of Part 2 of the Act requires an employer to consult with employees to enable them to contribute to the making of decisions affecting their health, safety and welfare at work. Among other things, the Division requires such consultation when risks to health and safety arising from work are assessed and when decisions are made about the measures to be taken to eliminate or control risks. (See Chapter 3 of this Regulation for further provisions regarding the machinery of consultation.) This Chapter also applies to self-employed persons (see definition of "employer" in clause 3). OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 9 Employer to identify hazards 9 Employer to identify hazards (1) An employer must take reasonable care to identify any foreseeable hazard that may arise from the conduct of the employer’s undertaking and that has the potential to harm the health or safety of: (a) any employee of the employer, or (b) any other person legally at the employer’s place of work, or both. (2) In particular (and without limiting the generality of subclause (1)), the employer must take reasonable care to identify hazards arising from: (a) the work premises, and (b) work practices, work systems and shift working arrangements (including hazardous processes, psychological hazards and fatigue related hazards), and (c) plant (including the transport, installation, erection, commissioning, use, repair, maintenance, dismantling, storage or disposal of plant), and (c1) dangerous goods (including the storage or handling of dangerous goods), and (d) hazardous substances (including the production, handling, use, storage, transport or disposal of hazardous substances), and (e) the presence of asbestos installed in a place of work, and (f) manual handling (including the potential for occupational overuse injuries), and (g) the layout and condition of a place of work (including lighting conditions and workstation design), and (h) biological organisms, products or substances, and (i) the physical working environment (including the potential for any one or more of the following: (i) electrocution, (ii) drowning, (iii) fire or explosion, (iv) people slipping, tripping or falling, (v) contact with moving or stationary objects, (vi) exposure to noise, heat, cold, vibration, radiation, static electricity or a contaminated atmosphere, (vii) the presence of a confined space), and (j) the potential for workplace violence. (3) An employer must ensure that effective procedures are in place, and are implemented, to identify hazards: (a) immediately prior to using premises for the first time as a place of work, and (b) before and during the installation, erection, commissioning or alteration of plant in a place of work, and (c) before changes to work practices and systems of work are introduced, and (d) before hazardous substances are introduced into a place of work, and (e) while work is being carried out, and (f) when new or additional information from an authoritative source relevant to the health or safety of the employees of the employer becomes available. (4) An employer who employs 20 or fewer employees is not required to comply with this clause within the period of 2 years after its commencement (except to the extent that the clause applies to hazards involving hazardous substances or manual handling). (5) An employer who employs more than 20 employees is not required to comply with this clause within the period of 12 months after its commencement (except to the extent that the clause applies to hazards involving hazardous substances or manual handling). Maximum penalty: Level 4. Note: Other provisions of this Regulation (for example, in Chapters 4 and 5) impose specific hazard identification requirements on particular persons such as controllers of places of work, designers and manufacturers of plant and so on. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 10 Employer to assess risks 10 Employer to assess risks (1) An employer must assess the risk of harm to the health or safety of the following persons arising from any hazard identified in accordance with this Chapter: (a) any employee of the employer, or (b) any other person legally at the employer’s place of work, or both. Note: Also see clauses 78, 168 and 207 which require employers to keep and maintain risk assessment reports in relation to confined spaces, record results of risk assessments in relation to hazardous substances and prepare written risk assessments in respect of electrical work on electrical installations. (2) An employer who employs 20 or fewer employees is not required to comply with this clause within the period of 2 years after its commencement (except to the extent that the clause applies to risks involving hazardous substances or manual handling). (3) An employer who employs more than 20 employees is not required to comply with this clause within the period of 12 months after its commencement (except to the extent that the clause applies to risks involving hazardous substances or manual handling). Maximum penalty: Level 4. Note: Other provisions of this Regulation (for example, in Chapters 4 and 5) impose more specific risk assessment requirements on particular persons such as controllers of places of work, designers and manufacturers of plant and so on. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 11 Employer to eliminate or control risks 11 Employer to eliminate or control risks (1) Subject to subclause (2), an employer must eliminate any reasonably foreseeable risk to the health or safety of: (a) any employee of the employer, or (b) any other person legally at the employer’s place of work, or both, that arises from the conduct of the employer’s undertaking. (2) If it is not reasonably practicable to eliminate the risk, the employer must control the risk. (3) An employer must ensure that all measures (including procedures and equipment) that are adopted to eliminate or control risks to health and safety are properly used and maintained. (4) An employer who employs 20 or fewer employees is not required to comply with this clause within the period of 2 years after its commencement (except to the extent that the clause applies to risks involving hazardous substances or manual handling). (5) An employer who employs more than 20 employees is not required to comply with this clause within the period of 12 months after its commencement (except to the extent that the clause applies to risks involving hazardous substances or manual handling). Maximum penalty: Level 4. Note: An employer must also comply with any specific risk control measures required by this Regulation. In particular see Parts 4.3, 4.4, 5.4 and 6.4 and Chapters 7 and 8. The Regulation (for example, in Part 4.2 and in Chapter 5) also imposes risk control requirements on other persons, such as controllers of places of work, designers and manufacturers of plant and so on. Clause 5 sets out the order of control measures to be taken if it is not reasonably practicable to eliminate a risk. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 12 Employer to review risk assessments and control measures 12 Employer to review risk assessments and control measures An employer must review a risk assessment, and any measures adopted to control the risk, whenever: (a) there is evidence that the risk assessment is no longer valid, or (b) injury or illness results from exposure to a hazard to which the risk assessment relates, or (c) a significant change is proposed in the place of work or in work practices or procedures to which the risk assessment relates. Maximum penalty: Level 4. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 13 Employer to provide instruction, training and information 13 Employer to provide instruction, training and information (1) An employer must ensure that each new employee receives induction training that covers the following: (a) arrangements at the place of work for the management of occupational health and safety, including arrangements for reporting hazards to management, (b) health and safety procedures at the place of work relevant to the employee, including the use and maintenance of risk control measures, (c) how employees can access any health and safety information that the employer is required by this Regulation to make available to employees, (d) any other matter that this Regulation specifies should be the subject of induction training and that is relevant to the place of work concerned having regard to the competence, experience and age of the new employee. Maximum penalty: Level 3. (2) An employer must ensure that any person who may be exposed to a risk to health and safety at the employer’s place of work: (a) is informed of the risk, and (b) is provided with any information, instruction and training necessary to ensure the person’s health and safety. The information, instruction and training (and the timing of its provision) must be commensurate with the risk to health and safety concerned. Maximum penalty: Level 3. (3) An employer must provide persons who have responsibilities with respect to the following under this Regulation with all available information necessary to enable them to fulfil those responsibilities: (a) identifying hazards, (b) assessing risks arising from those hazards, (c) eliminating or controlling those risks, (d) monitoring or reviewing risk control measures, (e) providing information. Maximum penalty: Level 4. (4) Nothing in this clause requires an employer to train or instruct members of the public in the use of lifts or amusement devices. Note: Specific requirements as to the provision of information relating to plant and hazardous substances are set out in Chapters 5 and 6. See Part 8.2 in relation to occupational health and safety induction training for construction work. Clause 171 requires employers to retain records of induction or other training provided to employees who are likely to be exposed to hazardous substances. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 14 Employer to provide supervision 14 Employer to provide supervision (1) An employer must ensure that the employer’s employees are provided with reasonable supervision necessary to ensure the health and safety of the employees and any other persons at the employer’s place of work. (2) The employer must ensure that the supervision is undertaken by a competent person. (3) In determining the nature and extent of necessary supervision, the employer must have regard to the competence, experience and age of each employee. Maximum penalty: Level 3. Note: Specific requirements for supervision in relation to excavation work are imposed on employers by Chapter 8. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 15 Provision by an employer of personal protective equipment 15 Provision by an employer of personal protective equipment (1) If measures taken by an employer under clause 11 (2) to control a risk include the use of personal protective equipment, the employer must provide each person at risk with personal protective equipment and ensure that: (a) the equipment provided is appropriate for the person and controls the risk for that person, and (b) the person is informed of any limitations of the equipment, and (c) the person is provided with the instruction and training necessary to ensure that the equipment controls the risk for the person, and (d) the equipment is properly maintained and is repaired or replaced as frequently as is necessary to control the risk for the person, and (e) the equipment is provided in a clean and hygienic condition to the person, and (f) the equipment is stored in a place provided by the employer for the purpose, and (g) areas in places of work where personal protective equipment must be used are clearly identified. Maximum penalty: Level 3. (2) In this clause, "personal protective equipment" includes any substance used to protect health (such as a sun protection cream). Note: Reference should also be made to any relevant Australian Standards relating to the provision and use of personal protective equipment. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 16 Employer to obtain information 16 Employer to obtain information (1) An employer must obtain such information as is necessary to enable the employer to fulfil the employer’s responsibilities under this Regulation with respect to the following: (a) identifying hazards, (b) assessing risks arising from those hazards, (c) eliminating or controlling those risks, (d) providing information. Maximum penalty: Level 4. (2) For the purposes of subclause (1), the information is to be reasonably available information from an authoritative source. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 17 Employer to provide for emergencies 17 Employer to provide for emergencies (1) An employer must ensure that, in the event of an emergency at any place of work at which the employer’s undertaking is conducted, arrangements have been made for: (a) the safe and rapid evacuation of persons from the place of work, and (b) emergency communications, and (c) appropriate medical treatment of injured persons. If the employer does not have control, or has only limited control, of the place of work, the duty under this subclause applies only to the matters over which the employer has control. (2) In making arrangements for the purposes of this clause, an employer must take the following into account: (a) the nature of the hazards at the place of work, (b) the size and location of the place of work, (c) the number, mobility and capability of persons at the place of work. (3) If employees work at a fixed place of work, the employer must ensure that: (a) adequate arrangements are made for the shutting down and evacuation of the place of work in the event of an emergency, and (b) details of the arrangements for any such evacuation are kept on display in an appropriate location or locations at the place of work, and (c) one or more persons are appointed and appropriately trained to oversee any such evacuation and, if appropriate, in the use of on-site fire fighting equipment. Maximum penalty: Level 4. Note: Also see clause 13 (2) (b) which requires an employer to provide any person who may be exposed to a risk to health and safety at the employer’s place of work with any information, instruction and training necessary to ensure the person’s health and safety. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 18 Employer to provide amenities 18 Employer to provide amenities (1) An employer must ensure that appropriate amenities are available for all of the employer’s employees while they are at work. (2) The appropriateness of amenities is to be determined having regard to all of the circumstances of the case, including the following: (a) the nature of the work undertaken at the place of work, (b) the size and location of the place of work, (c) the number of men and of women at the place of work. Note: Also see Part 4 of the Act (Industry codes of practice). Failure by an employer to observe any industry code of practice relevant to the provision of amenities may be used in evidence in any prosecution under this clause or clause 19. Industry codes of practice are prepared by WorkCover and approved by the Minister. (3) In this clause, "amenities" means facilities provided for the welfare or personal hygiene needs of persons and includes toilets, rest rooms, shelter sheds, seating, dining rooms, change rooms, provision of drinking water, lockers and washing facilities. Maximum penalty: Level 3. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 19 Maintenance of amenities and accommodation 19 Maintenance of amenities and accommodation (1) An employer must ensure that: (a) any amenities provided in accordance with clause 18, and (b) any accommodation provided by the employer for the welfare of employees because of the circumstances of their work, are maintained in a safe and healthy condition. (2) If the employer does not have control, or has only limited control, of the amenities or accommodation, the duty under subclause (1) applies only to the matters over which the employer has control. Maximum penalty: Level 3. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 20 Employer to provide first aid facilities and personnel 20 Employer to provide first aid facilities and personnel (1) In this clause: "construction site" means the site of construction work. "trained first aid personnel" means: (a) a person who holds a current first aid certificate issued after successful completion of a WorkCover approved first aid course, or (b) a person who holds a current occupational first aid certificate issued after successful completion of a WorkCover approved occupational first aid course, or (c) a level 3 or greater New South Wales ambulance officer, or (d) a registered nurse, or (e) a medical practitioner. (2) An employer must provide at each place of work: (a) first aid facilities that are adequate for the immediate treatment of injuries and illnesses that may arise at the place of work, and (b) if more than 25 persons are employed at a place of work—trained first aid personnel. (3) An employer must have regard to the location of the place of work, the number of employees at a particular location and the type of work being undertaken in determining the nature, number and location of the first aid facilities and the number of trained first aid personnel that are required. Subclauses (4)–(7) prescribe the minimum facilities and personnel that are required at various sites or places of work. Note: See clause 194 as to additional first aid requirements in relation to the treatment of cyanide poisoning. (4) An employer must ensure that the first aid facilities at the following sites or places include a first aid kit of the type specified opposite the description of the site or place: ___________________________________________________________________ |Construction sites at which 25 or more persons work| | |or other places of work at which 100 or more |First Aid Kit A| |___________________________________________________________________| |Construction sites at which fewer than 25 persons | | |work or other places of work at which fewer than |First Aid Kit B| |___________________________________________________________________| |Places of work (other than construction sites) at |First Aid Kit C| |___________________________________________________________________| (5) In subclause (4), "First Aid Kit A", "First Aid Kit B" and "First Aid Kit C" mean a first aid kit containing the following items in the quantity (if any) specified in columns A, B and C, respectively: _________________________________________________________________ |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |Sterile eyewash solution, 10 ml single use ampules or |12|6|—| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| (6) An employer must ensure that the first aid kit at any place of work at which more than 25 persons are employed is under the control of trained first aid personnel. (7) An employer must ensure that the first aid facilities at a place of work at which more than 200 persons work, or at a construction site at which more than 100 persons work, include a first aid room that: (a) is under the control of a person described in paragraph (b), (c), (d) or (e) of the definition of "trained first aid personnel" in subclause (1), and (b) is located so that it is readily accessible during working hours to persons working at the place of work or site, and (c) is situated at a convenient distance from: (i) toilets, and (ii) a sink or a wash basin equipped with suitable drainage and a supply of clean hot and cold running water, and (iii) a means of boiling water, and (d) has an access door that is wide enough to allow the entry and exit of a patient on a stretcher, and (e) is well lit and well ventilated, and (f) contains the following: (i) a work bench or a dressing trolley, (ii) a cupboard for storage, (iii) a suitable container fitted with a disposable bag or liner for soiled dressings, (iv) a suitable container for the safe disposal of needles or other sharp implements, (v) an electric power point, (vi) a couch with blankets and pillows, (vii) a telephone, (viii) a stretcher, lifting frame or similar device for transporting patients, (ix) a sufficient supply of soap and disposable towels, (x) a copy of the current edition of an occupational first aid handbook approved by WorkCover, (xi) the items specified in subclause (5) in relation to First Aid Kit A, in quantities not less than those so specified, (xii) a portable first aid kit for use outside the first aid room, being a kit that contains the items specified in subclause (5) in relation to First Aid Kit B, in quantities not less than those so specified, (xiii) such special appliances, requisites and equipment for first aid as are otherwise required by law or as are necessary or appropriate having regard to the nature of the work undertaken at the place of work or site, and (g) does not contain anything except equipment, requisites or appliances for first aid or occupational health purposes, and (h) is not used for any purpose other than for first aid or occupational health purposes. Maximum penalty: Level 4. Note: A register of injuries is required to be kept under the Workplace Injury Management and Workers Compensation Act 1998. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - NOTES Note to Chapter 3This Chapter makes provision with respect to the duty of the employer to consult employees under Division 2 of Part 2 of the Act. The relevant provisions of the Act are as follows: (a) Section 13—provides that the employer must consult with the employees of the employer to enable those employees to contribute to the making of decisions affecting their health, safety and welfare at work. (b) Section 14—defines the nature of consultation as the sharing of relevant information, the opportunity for employees to express their views and the taking into account of those views by the employer. (Relevant information to be shared would include matters that affect or may affect the health, safety or welfare at work of employees covered by particular consultative arrangements.) (c) Section 15—sets out when consultation is to be undertaken (including when assessments are made of risks to health and safety, when decisions are made on measures to control or eliminate those risks, when changes are made to premises, systems or methods of work, or to plant or substances used for work, that may affect health, safety or welfare at work and when decisions are made about the consultation arrangements). (d) Section 16—provides that consultation is to be undertaken by means of an OHS committee, an OHS representative or other agreed arrangements, or a combination of those means. (e) Section 17—requires the establishment of an OHS committee if the employer employs 20 or more persons and a majority of the employees so requests or WorkCover so directs, and requires an OHS representative to be elected if at least one of the employees so requests or WorkCover so directs. Other consultative arrangements require agreement between the employer and employees. (f) Section 18—sets out the functions and powers of OHS committees and OHS representatives. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 21 Definitions 21 Definitions In this Chapter: "OHS consultation arrangements" means the requirements imposed by sections 16 and 17 of the Act with respect to the establishment of an OHS committee, the election of an OHS representative or the establishment of other agreed consultation arrangements. "workgroup" means the group of employees that is represented by a particular OHS committee or OHS representative. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 22 Setting up consultation arrangements (section 15 (f) of the Act) 22 Setting up consultation arrangements (section 15 (f) of the Act) (1) The employer must, in accordance with section 15 (f) of the Act, consult on the procedures for consultation, that is, whether consultation is to be undertaken by means of an OHS committee, an OHS representative or other agreed arrangements, or a combination of those means. (2) If the proposed OHS consultation arrangements provide for an OHS committee or OHS representative, the employer must consult on the following: (a) the composition of the relevant workgroups under the arrangements, (b) the relationship between an OHS committee and an OHS representative if both are to be provided under the arrangements, (c) the number of employee representatives and of employer representatives on any OHS committee, (d) the arrangements for electing any OHS representative or employee representatives on any OHS committee (including arrangements for dealing with absences, the removal of members or other casual vacancies), (e) the arrangements for meetings of any OHS committee and meetings between the employer and any OHS representative (including the frequency of ordinary meetings and the calling of special meetings), (f) the procedures for any such meeting (including whether meetings may be held by electronic communication or the circulation of papers), (g) the arrangements for communications between the persons elected by the employees in a workgroup and those employees (including procedures for enabling the employees in the workgroup to raise issues and make complaints about occupational health and safety matters), (h) the arrangements for the training of members of any OHS committee or any OHS representative, (i) the relationship between representatives of the workgroup of an employer and the representatives of the workgroup of another employer. (3) If the proposed OHS consultation arrangements provide for other agreed arrangements, the employer must consult on arrangements with respect to meetings with the employer, communication with the employees, the functions and training of the persons involved, the procedures for resolving occupational health and safety issues, the role of any relevant industrial organisation of employees and other relevant matters. (4) OHS consultation arrangements are to be reviewed as occasion requires. Consultation on new arrangements is to be undertaken if a majority of the employees in the workgroup so request or if there has been a significant change in the composition of the workgroup that is not reflected in the existing arrangements. (5) A Federal or State industrial organisation of employees may represent, for the purposes of consultation on OHS consultative arrangements, any of those employees who request the organisation to represent them. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 23 Workgroups represented by OHS committees or OHS representatives 23 Workgroups represented by OHS committees or OHS representatives (1) The relevant workgroups to be represented by OHS committees or OHS representatives are to be determined in a manner that ensures that they are able to represent effectively the employees in each workgroup and, in particular, in a manner that enables them to undertake regular meaningful communication with the employees in each workgroup. (2) The diversity of the employees and their work must be taken into account when determining the relevant workgroups. In particular, the following must be taken into account: (a) the hours of work of employees (including the representation of employees on shift work), (b) the pattern of work of employees (including the representation of part-time, seasonal or short term employees), (c) the number and grouping of employees, (d) the geographic location where the employees work (including the representation of employees in dispersed locations such as those in the transport industry or working from home), (e) the different types of work performed by employees and the different levels of responsibility, (f) the attributes of employees (including gender, ethnicity, age and special needs), (g) the nature of the occupational health and safety hazards at the place of work, (h) the interaction of the employees with the employees of other employers. (3) It is not necessary to establish separate workgroups for different categories of employees, places of work or other matters referred to above. (4) OHS consultation arrangements that include both an OHS committee and an OHS representative for a workgroup must ensure that the committee is the principal mechanism for consultation for that workgroup. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 24 Minimum requirements for OHS committees 24 Minimum requirements for OHS committees The procedures with respect to the establishment and composition of OHS committees must comply with the following requirements: (a) the employee representatives on a committee must be elected by and from the employees in the relevant workgroup the committee represents, (b) an election for those representatives must be conducted in a manner that is consistent with recognised democratic principles, (c) an election may be conducted by a Federal or State industrial organisation of employees if a majority of the employees concerned request the organisation to conduct the election, (d) the number of employer representatives on a committee must not exceed the number of elected employee representatives on the committee, (e) the chairperson of a committee is not to be an employer representative, (f) a person who is elected as an OHS representative for a workgroup may be an employee representative on a committee that relates to the workgroup without further election if it is provided for in the OHS consultation arrangements, (g) a person who is elected as an employee representative on a committee may be an employee representative on another related committee without further election if it is provided for in the OHS consultation arrangements, (h) an employee representative on a committee is to be elected for a maximum period of 2 years (but the term of office may be shortened in connection with a change in OHS consultation arrangements), (i) a person elected as an employee representative on a committee is eligible for re-election, (j) a person is not eligible to be an employer representative on a committee unless the person has authority to act on behalf of the employer in occupational health and safety matters at the place of work. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 25 Minimum requirements for election of OHS representatives 25 Minimum requirements for election of OHS representatives The procedures with respect to the election of OHS representatives (as required by section 16 (b) of the Act) must comply with the following requirements: (a) the OHS representative must be elected by and from the employees in the relevant workgroup the person represents, (b) the election must be conducted in a manner that is consistent with recognised democratic principles, (c) the election may be conducted by a Federal or State industrial organisation of employees if a majority of the employees concerned request the organisation to conduct the election, (d) an OHS representative is to be elected for a maximum period of 2 years (but the term of office may be shortened in connection with a change in OHS consultation arrangements), (e) a person elected as an OHS representative is eligible for re- election. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 26 Other agreed arrangements (sections 16 (c) and 17 (3) of the Act) 26 Other agreed arrangements (sections 16 (c) and 17 (3) of the Act) (1) This clause applies to other agreed arrangements for consultation referred to in section 17 (3) of the Act. (2) The functions of persons under other agreed arrangements are those that are derived from the agreement. (3) Other agreed arrangements may comprise arrangements negotiated at an industry level. Any such arrangements may be used by a particular employer in the industry if the arrangements are agreed to by a majority of the employees and, in their application to that employer, comply with the requirements for consultation of the Act and this Regulation. Note: Section 17 (3) of the Act provides that a Federal or State industrial organisation of employees may, on request, represent employees for the purposes of consultation on occupational health, safety and welfare under other agreed arrangements. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 27 Related obligations of employer with respect to duty to consult 27 Related obligations of employer with respect to duty to consult (1) An employer has the following obligations in connection with OHS consultation arrangements of the employer: (a) to record those arrangements, (b) to publicise those arrangements among existing and new employees to whom they relate, (c) to provide members of OHS committees or OHS representatives with reasonable access to the employees they represent during working hours for the purposes of communication, (d) to provide reasonable facilities, and access during working hours to the workplace, for the purposes of OHS consultation arrangements (including for the purposes of conducting or holding elections, meetings and inspections), (e) to ensure that employer representatives on an OHS committee participate in the work of the committee on a regular basis, (f) to ensure that employees participating in consultation (and in training for consultation) in accordance with OHS consultation arrangements are paid as if they were engaged in the duties of their employment (whether they participate as representatives of employees or of the employer), (g) to pay the costs reasonably and necessarily incurred by employees in connection with their participation in that consultation or training, (h) to facilitate the OHS consultation arrangements of another employer where employees of that other employer are working at the employer’s place of work. (2) An employer who fails to comply with an obligation under this clause is guilty of an offence. Maximum penalty: Level 3. (3) This clause does not affect the duty of an employer to consult under section 13 of the Act and the maximum penalty provided for contravening that section. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 28 Employees to disclose certain matters 28 Employees to disclose certain matters (1) An employee must take reasonable steps to prevent risks to health and safety at work by notifying the employee’s employer or supervisor of any matter that, to the knowledge of the employee, may affect the capacity of the employer to comply with the requirements of this Regulation. Maximum penalty: Level 2. (2) An employee may discharge the obligation under subclause (1) by notifying the matter in accordance with OHS consultation arrangements to the relevant OHS representative or member of the relevant OHS committee. For other obligations of employees, or that may relate to employees, see the following sections of the Act: (a) Section 20 (1)—requires an employee to take reasonable care for the health and safety of people who are at the employer’s place of work and who may be affected by the employee’s acts or omissions at work. (b) Section 20 (2)—requires an employee to co-operate with the employer or other persons so far as is necessary to enable compliance with OHS duties of the employer or other person. (c) Section 21—prohibits a person interfering with or misusing anything provided in the interests of occupational health, safety and welfare. (d) Section 23—prohibits an employer dismissing or victimising an employee because of an OHS-related complaint, membership of an OHS committee or election as an OHS representative or the exercise of any other functions under the consultative arrangements made by the Act. (e) Section 25—prohibits a person, without reasonable excuse, deliberately creating a risk (or appearance of a risk) to health or safety of people at work with the intention of causing a disruption of work. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 29 Procedure for resolving matter that may be risk to health and safety 29 Procedure for resolving matter that may be risk to health and safety (1) This clause applies to the function of an OHS committee or an OHS representative under section 18 (c) of the Act to attempt to resolve a matter that may be a risk to health and safety at the place of work but, if unable to do so, to request an investigation by an inspector to resolve the matter. (2) For the purpose of resolving the matter: (a) the applicable OHS consultative arrangements are to be used, and (b) the matter must be formally referred to the employer, and (c) the employer is to consider the matter and respond in a timely manner. (3) If the matter is not resolved after the employer has been given a reasonable opportunity to consider and respond to the matter, the OHS committee or OHS representative may request an investigation of the matter by an inspector. (4) Such a request by an OHS committee is to be made through the chairperson of the committee. The committee may make arrangements for the making of such requests by the chairperson without a formal meeting of the committee being convened to authorise the making of each particular request. (5) This clause does not limit any other power with respect to the inspection of places of work or of disputes arising at places of work. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 30 Additional functions of OHS committees and OHS representatives (section 18 (d) of the Act) 30 Additional functions of OHS committees and OHS representatives (section 18 (d) of the Act) (1) An OHS committee and an OHS representative have the following additional functions: (a) to make a request to accompany an inspector as an observer on an inspection under section 69 (b) of the Act that affects the workgroup that the committee or representative represents, (b) to be an observer during any formal report by an inspector to the employer in connection with any occupational health and safety matter concerning the workgroup that the committee or representative represents, (c) to accompany an employee of the workgroup that the committee or representative represents, at the request of the employee, during any interview by the employer on any occupational health and safety issue, (d) to be an observer during any formal in-house investigation of an incident at the relevant place of work that is required to be notified to WorkCover under Division 4 of Part 5 of the Act, (e) to assist in the development of arrangements for recording workplace hazards and accidents to promote improved workplace health and safety, (f) to make recommendations on the training of members of OHS committees and of OHS representatives, (g) to make recommendations on the training of employees in relation to occupational health and safety. (2) An observer under subclause (1) (a), (b) or (d) must be an employee member of the OHS committee or the OHS representative and only one person may act as such an observer at any particular time. Section 18 of the Act provides that an OHS committee or OHS representative has the following functions: (a) to keep under review the measures taken to ensure the health, safety and welfare of persons at the place of work, (b) to investigate any matter that may be a risk to health and safety at the place of work, (c) to attempt to resolve the matter but, if unable to do so, to request an investigation by an inspector for that purpose, (d) the additional functions prescribed above. "Functions" under the Act and this Regulation includes “powers” and “duties”. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 31 Training to be undertaken by members of OHS committees and OHS representatives 31 Training to be undertaken by members of OHS committees and OHS representatives (1) An employer must ensure that each member of an OHS committee and each OHS representative undertakes a course of training in accordance with this clause. Maximum penalty: Level 2. (2) The course of training must be undertaken as soon as practicable after the person is first appointed as a member of the committee or first elected as a representative (unless the person has previously undertaken an approved course of training). (3) The course of training must be provided by: (a) a trainer who is accredited by WorkCover to provide that course of training, or (b) a registered training organisation (within the meaning of the Vocational Education and Training Act 2005) whose registration extends to providing a course of OHS consultation training. (4) An application by an individual to be accredited as a trainer: (a) is to be in the form, and accompanied by the particulars, approved by WorkCover, and (b) is to be accompanied by such application fee as WorkCover determines to cover the expenses in dealing with the application. WorkCover may approve an application for accreditation (with or without conditions) or may refuse the application. Note: See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover to refuse to accredit a person as a trainer under this clause. (5) A course of training undertaken under this clause must include all the topics of OHS consultation training listed in the Table to this clause (undertaken over the period specified in guidelines issued by WorkCover for the purpose). (6) The trainer who provides a course of training under this clause must ensure that: (a) the training complies with the requirements of this Chapter, and (b) a statement of training is provided to each person who completes one or more topics of OHS consultation training and a copy of the statement is provided to the employer, and (c) the trainer makes a record of the training provided and retains the record for at least 6 years. The statement of training must be in a form approved by WorkCover and record the topics of OHS consultation training completed, the date of completion and other particulars required by the approved form. Maximum penalty: Level 2. (7) An employer must keep a record of the training undertaken by a person under this clause until at least 3 years after the person ceases to be an employee of, or associated with, the employer. Maximum penalty (subclause (7)): Level 2. Table OHS consultation training topics ___________________________________________________________________ |___________________________________________________________________| |___________________________________________________________________| | |Explains the requirements for | |Workplace health and safety |effective management of health | | |and safety and the importance of | |___________________________________________________________________| |___________________________________________________________________| | |Details the requirements for | | |consultation under the | | |Occupational Health and Safety | |The role of OHS consultation in |Act 2000 | |the workplace |Describes the mechanisms for | | |consultation including workplace | | |committees and OHS | |___________________________________________________________________| |___________________________________________________________________| | |Outlines effective communication | |Effective OHS consultation in the|techniques | |workplace |Describes how these are essential| |___________________________________________________________________| |___________________________________________________________________| | |Details the requirements for | |Systematic management of health |effective OHS Management Systems,| |and safety |their development, | |___________________________________________________________________| |___________________________________________________________________| | |Practical application of risk | |Action learning exercise |management through work based | |___________________________________________________________________| |___________________________________________________________________| | |Highlights the need for | | |continuous improvement in OHS | |Continuous improvement of OHS |through consultation and provides| |systems |the means for implementation, | | |monitoring and evaluation of this| |___________________________________________________________________| |___________________________________________________________________| | |Summarises and concludes the | |Summary and conclusion |course, including assessment and | |___________________________________________________________________| OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 32 Savings and transitional arrangements 32 Savings and transitional arrangements (1) The OHS consultation arrangements must be implemented within 12 months after the commencement of the Act, except as provided by subclause (2). (2) An OHS committee under the former Act may (but need not) be retained for the purposes of the OHS consultation arrangements. Replacement OHS consultation arrangements must be implemented: (a) within 3 months after the end of the terms of office of the members of the committee, or (b) within 2 years of the commencement of this Regulation, whichever first occurs. Note: Clause 8 of Schedule 3 to the Act provides that OHS committees established under the former Act are taken to be established under the new Act and that the regulations may provide for the staged implementation of the duties of consultation imposed by the new Act. (3) Any course of training of a member of an OHS committee or an OHS representative that was undertaken for the purposes of and in accordance with the regulations under the former Act is taken to have been undertaken for the purposes of and in accordance with this Regulation. (4) Until the expiration of 3 months after the commencement of this Regulation, a course of training that complies with the Occupational Health and Safety (Committees in Workplaces) Regulation 1999 is taken to be a course of training for the purposes of clause 31. (5) A trainer accredited by WorkCover in accordance with the regulation referred to in subclause (4) is taken to have been accredited by WorkCover under clause 31. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - NOTES Note to Chapter 4This Chapter is divided into 5 Parts. Part 4.1 deals with preliminary matters. Part 4.2 deals with the responsibilities of controllers of premises as to hazard identification, risk assessment, risk control and provision of information generally and as to fall prevention, electricity and asbestos installed in the workplace in particular. Part 4.3 deals with the use of places of work and the responsibilities of employers as to working space, lighting, heat and cold, noise management, atmosphere, working at heights, fire prevention, electricity and working in confined spaces. Part 4.4 deals with manual handling. Part 4.5 deals with long distance truck driver fatigue. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 33 Definitions (and application of certain provisions) 33 Definitions (and application of certain provisions) (1) In this Chapter: "anchorage point" means: (a) a secure point of attachment on a structure to which a fall arrest device or anchorage line may be secured, or (b) a secure point on a fall arrest device to which a lanyard may be secured. "brittle or fragile roofing material" means any roof covering material that would be liable to fail if the weight of a person likely to pass across the material, and anything carried by or on the person, were applied to it. "controller of premises" means a person who has control of premises used by people as a place of work, including: (a) a person who has only limited control of the premises, and (b) a person who has, under any contract or lease, an obligation to maintain or repair the premises. "electrical article" has the same meaning as it has in the Electricity (Consumer Safety) Act 2004. "electrical installation" has the same meaning as it has in the Electricity (Consumer Safety) Act 2004. "electricity supply authority" has the same meaning as it has in the Electricity (Consumer Safety) Act 2004. "fall arrest device" means a self-locking device with the function of arresting a fall. "monitor" means to survey regularly all measures used to control atmospheric contaminants in a place of work. "place of work", in relation to premises, means a place of work at those premises. (2) A controller of premises is not required to comply with Divisions 1 and 4 of Part 4.2 within the period of 12 months after their commencement. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - NOTES Note to Part 4.2Section 10 of the Act contains a general requirement for controllers of premises to ensure that the premises are safe and without risks to health. This Part sets out particular duties. Also see clause 7 (1) as to the extent of the duties of a controller of premises under this Part. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 34 Controller of premises to identify hazards 34 Controller of premises to identify hazards (1) A controller of premises must identify any foreseeable hazard arising from the premises that has the potential to harm the health or safety of any person accessing, using or egressing from the premises. (2) Without limiting the generality of subclause (1), the controller must identify hazards arising from: (a) the layout and condition of the premises, including the presence of a confined space, and (b) the physical working environment, including the potential for: (i) people slipping, tripping or falling, and (ii) objects or structures falling on people, and (c) the presence of material containing asbestos. (3) A controller of premises must ensure that hazards are identified: (a) during any design of the premises, and (b) before the premises are provided for use as a place of work. Maximum penalty: Level 4. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 35 Controller of premises to assess risks 35 Controller of premises to assess risks (1) A controller of premises must assess the risk of harm to the health or safety of any person arising from any hazard identified in accordance with this Division. (2) When assessing those risks, the controller must: (a) evaluate the likelihood of an injury or illness occurring and the likely severity of any injury or illness that may occur, and (b) review available health and safety information relevant to a particular hazard, and (c) identify the actions necessary to eliminate or control the risk, and (d) identify records that it is necessary to keep to ensure that risks are controlled (including the length of time for which records are to be kept). (3) A risk assessment may relate to more than one place of work or hazard so long as it takes account of the particular circumstances of each place of work or hazard. Maximum penalty: Level 4. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 36 Controller of premises to eliminate or control risks 36 Controller of premises to eliminate or control risks (1) A controller of premises must eliminate any risk, arising from the premises, to the health or safety of any person accessing, using or egressing from the premises. (2) If it is not reasonably practicable to eliminate the risk, the controller of the premises must control the risk. (3) A controller of premises must ensure that all measures (including procedures and equipment) that are adopted to eliminate or control risks to health or safety are properly used and maintained. Maximum penalty: Level 4. Note: This Part also contains specific risk control requirements with which the controller must comply. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 37 Controller of premises to review risk assessments and control measures 37 Controller of premises to review risk assessments and control measures A controller of premises must review a risk assessment, and any measures adopted to control the risk, whenever: (a) there is evidence that the risk assessment is no longer valid, or (b) injury or illness results from exposure to a hazard to which the risk assessment relates, or (c) there is a significant change in the premises or place of work to which the risk assessment relates. Maximum penalty: Level 4. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 38 Controller of premises to provide information 38 Controller of premises to provide information (1) A controller of premises must provide other persons who have responsibilities under this Regulation with all available information that is necessary to enable the other persons to fulfil their responsibilities with respect to the following: (a) identifying hazards, (b) assessing risks arising from those hazards, (c) eliminating or controlling those risks, (d) providing information. (2) Without limiting the generality of subclause (1), the controller must provide any employer who uses the premises concerned as a place of work with information about: (a) any foreseeable hazard arising from the premises that has the potential to harm the health or safety of any person accessing, using or egressing from the premises, and (b) an assessment of any risk arising from the premises that has not been eliminated by the controller, and (c) the measures taken by the controller to control any such risk, and (d) any measures (including use and maintenance of procedures and equipment) that the employer may need to adopt to control any such risk. Maximum penalty: Level 4. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 39 Fall prevention—particular risk control measures 39 Fall prevention—particular risk control measures A controller of premises must ensure that: (a) safe access is provided to all parts of a place of work to which a person may require access and from which the person may fall, and (b) if the whole or any part of the roof of a building or structure comprises or includes any brittle or fragile roofing material, warning signs are provided that: (i) contain the words “DANGER—BRITTLE ROOF”, and (ii) are affixed to each individual slope, curve or section of the roof and to all other places from which access to the roof may be obtained, and (c) walkways are provided and maintained over roofs that are wholly or partly covered by brittle or fragile roofing material, and (d) if windows are designed to be cleaned from the outside, anchorage points for fall arrest devices are provided on each window or other safe means for cleaning every window of the building or structure are provided, and (e) floors are designed to be safe without risks of slips, trips or falls, with adequate drainage (if necessary) and appropriate floor coverings (if necessary). Maximum penalty: Level 4. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 40 Application 40 Application In the event of an inconsistency between the requirements of this Division and the Electricity Safety (Electrical Installations) Regulation 1998, the requirements of that Regulation prevail. Note: The Electricity Safety (Electrical Installations) Regulation 1998 requires all electrical installation work (as defined in that Regulation) to be carried out in accordance with AS/NZS 3000: 2000Electrical installations (known as the Australian/New Zealand Wiring Rules). OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 41 Electricity—particular risk control measures 41 Electricity—particular risk control measures (1) A controller of premises must ensure that: (a) any electrical installation at the premises: (i) is safe at the time it is made available for use by an employer, or (ii) if not safe, is disconnected from the electricity supply and secured and the employer is informed that it is not safe, and (b) electrical installations containing live electrical components (such as control panels, switchrooms, switchyards and substations) are suitably secured to prevent inadvertent access, and (c) persons entering an area in which such electrical installations are situated are appropriately trained in issues such as safe entry, emergency procedures and safe use of electrical plant and equipment. (2) A controller of premises must ensure that: (a) any electrical article provided for use at, or in connection with any electrical installation at, a place of work is safe at the time the place of work is made available for use by an employer, or (b) if not safe, the article is disconnected from the electricity supply and secured and the employer is informed that it is not safe. (3) A controller of premises must ensure that any such electrical installation or electrical article that is connected to the electricity supply is, to the extent that the owner retains control over the installation or article, maintained in a safe condition. (4) A controller of premises must ensure that persons working in, or undertaking maintenance on, the premises (apart from those undertaking electrical work) are prevented from coming within an unsafe distance from any overhead electrical power lines or live electrical installations unless a risk assessment determines otherwise. (5) A controller of premises must obtain documentation of any significant modifications made to electrical circuits at the premises from the person doing the work and ensure that the documentation is maintained and kept readily accessible for persons undertaking further electrical work. Maximum penalty: Level 4. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 42 Definitions 42 Definitions Words and expressions used in this Division have the same meanings as they have in Part 8.7 (Asbestos—particular provisions). OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 43 Asbestos—risk assessment and control 43 Asbestos—risk assessment and control A controller of premises that contains asbestos or asbestos-containing material must ensure that risk assessment and control measures are carried out in accordance with the document entitled Code of Practice for the Management and Control of Asbestos in the Workplace[NOHSC: 2018 (2005)] published by the NOHS Commission, as in force from time to time. Maximum penalty: Level 4. Note: See clause 34 for obligation of controller to identify presence of asbestos material. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 44 Record keeping—register of asbestos 44 Record keeping—register of asbestos A controller of premises must ensure that: (a) a register, in which the type, condition and location of all asbestos and asbestos-containing material in any place of work is recorded, is prepared and maintained, and (b) any action taken to control asbestos and asbestos-containing material in the place of work or in plant at the place of work is recorded in the register, including details of: (i) any assessment concerning the asbestos that took place before the work was carried out, and (ii) if the work was carried out by a contractor rather than by an employee of the controller, the name of the person who carried out the work, and (iii) the date on which the work was carried out, and (c) all occupiers of the place of work are provided with a copy of the register and all updates to it. Maximum penalty: Level 3. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - NOTES Note to Part 4.3Section 8 of the Act contains a general requirement for employers to ensure the health, safety and welfare at work of their employees. That requirement extends to: (a) ensuring that any premises controlled by the employer where the employees work (and the means of access to or exit from the premises) are safe and without risks to health, and (b) ensuring that any plant or substance provided for use by the employees at work is safe and without risks to health when properly used, and (c) ensuring that systems of work and the working environment of the employees are safe and without risks to health, and (d) providing such information, instruction, training and supervision as may be necessary to ensure the employees’ health and safety at work, and (e) providing adequate facilities for the welfare of the employees at work. Section 8 also requires an employer to ensure that people (other than the employees of the employer) are not exposed to risks to their health or safety arising from the conduct of the employer’s undertaking while they are at the employer’s place of work. Chapter 2 of this Regulation also contains general obligations of employers to control risks. This Part sets out particular risk control measures to be undertaken by employers. "Employer", for the purposes of this Part, includes self-employed persons (see clause 3). Section 9 of the Act contains a general requirement for a self-employed person to ensure that people (other than employees of the person) are not exposed to risks to their health or safety arising from the conduct of the person’s undertaking while they are at the person’s place of work. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 45 Working space—particular risk control measures 45 Working space—particular risk control measures An employer must ensure that: (a) sufficient working space is provided to allow persons to work safely, and (b) floors and surfaces are constructed and maintained to minimise the possibility of slips, trips and falls, and (c) persons are unhindered and able to move safely around a place of work. Maximum penalty: Level 4. Note: See also Division 9 (Working in confined spaces). OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 46 Lighting—particular risk control measures 46 Lighting—particular risk control measures An employer must ensure that lighting is provided that: (a) is adequate to allow employees to work safely, and (b) does not create excessive glare or reflection, and (c) is adequate to allow persons who are not employees to move safely within the place of work, and (d) facilitates safe access to and egress from the place of work, including emergency exits. Maximum penalty: Level 4. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 47 Hot working environments—particular risk control measures 47 Hot working environments—particular risk control measures An employer must ensure that: (a) adequate ventilation and air movement is provided in indoor environments that may become hot, and (b) appropriate work and rest regimes relative to the physical fitness, general health, medication taken and body weight of each employee exposed to heat are implemented. Maximum penalty: Level 4. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 48 Cold working environments—particular risk control measures 48 Cold working environments—particular risk control measures An employer must ensure that: (a) employees exposed to cold have adequate access to heated or sheltered work areas and warm clothing or other personal protective equipment, and (b) appropriate work and rest regimes relative to the physical fitness, general health, medication taken and body weight of each employee exposed to cold are implemented. Maximum penalty: Level 4. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 49 Noise management—particular risk control measures 49 Noise management—particular risk control measures (1) An employer must ensure that appropriate control measures are taken if a person is exposed to noise levels that: (a) exceed an 8-hour noise level equivalent of 85 dB(A), or (b) peak at more than 140 dB(C). Maximum penalty: Level 4. (2) For the purposes of subclause (1): (a) the measurement is to be made in accordance with AS/NZS 1269.1:1998Occupational noise management Part 1: Measurement and assessment of noise imission and exposure, and (b) exposure to noise is taken to be measured at the position of the ears of a person, or at an equivalent of that position, and (c) the measurement is to be made on the assumption that the person is not wearing any device to protect himself or herself from noise. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 50 Definitions 50 Definitions In this Division: "atmospheric contaminant" means: (a) a hazardous substance that occurs in the form of a fume, mist, gas, dust or vapour, or (b) an asphyxiant, or (c) nuisance dust, to which persons may be exposed in the working environment. "inspirable dust" means those airborne particles of dust that can be taken in through the nose or mouth during breathing. "respirable fibre" means a fibrous particle with a diameter of less than 3 micrometres and a length of greater than 5 micrometres, with a length to width ratio of greater than 3:1, that can reach the deepest part of a lung. "safe oxygen level" means a minimum oxygen content in air of 19.5% by volume under normal atmospheric pressure and a maximum oxygen content in air of 23.5% by volume under normal atmospheric pressure. "synthetic mineral fibre" means any manufactured mineral fibre, including mineral woolrock (rockwool and slagwool), glasswool (including superfine glassfibre) and ceramic fibres. "synthetic mineral fibre dust" means dust arising from a synthetic mineral fibre. "TWA" (time-weighted average) means the average airborne concentration of a particular substance when calculated over a normal 8-hour working day for a 5- day working week. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 51 Atmospheric contaminants—particular risk control measures 51 Atmospheric contaminants—particular risk control measures (1) An employer must ensure that no person at a place of work is exposed to an airborne concentration of an atmospheric contaminant that exceeds or breaches a standard referred to in or determined under subclause (2). Maximum penalty: Level 4. (2) For the purposes of subclause (1), the standard is as follows: (a) for atmospheric contaminants other than synthetic mineral fibre dust—as determined in accordance with the documents entitled “ Guidance Note on the Interpretation of Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC: 3008] ” and “ Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC: 1003] ”, as amended from time to time by amendments published in the Chemical Gazette of the Commonwealth of Australia, (c) for synthetic mineral fibre dust if almost all the airborne mineral is fibrous—in addition to a respirable standard determined under paragraph (a), an exposure standard of 2 mg/m 3 (TWA) of inspirable dust, but where the inspirable standard is not to take precedence over the respirable standard, (d) for dusts not otherwise classified—10mg/m 3 (TWA) inspirable dust exposure standard applies. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 52 Unsafe levels of oxygen—risk control measures 52 Unsafe levels of oxygen—risk control measures An employer must ensure that appropriate risk control measures are taken when atmospheres in a place of work contain an unsafe oxygen level. Maximum penalty: Level 4. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 53 Ventilation—particular risk control measures 53 Ventilation—particular risk control measures An employer must ensure that: (a) mechanical ventilation appropriate for the work being carried out is used to control atmospheric contaminants and that the ventilation is maintained regularly, and (b) if a mechanical ventilation system is used to control exposure to a contaminant, the system: (i) is located as close as is practicable to the source of the contaminant to minimise the risk of inhalation by a person at work, and (ii) is used for as long as the contaminant is present, and (iii) is kept free from accumulations of dust, fibre and other waste materials and is maintained regularly, and (iv) if the system is provided to control contaminants arising from flammable or combustible substances—is designed and constructed so as to prevent the occurrence of fire or explosion, and (c) if a ducted ventilation system is used, an inspection point is fitted at any place where blockages in the ventilation system are likely to occur. Maximum penalty: Level 4. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 54 Entry protection—contaminated atmosphere or unsafe levels of oxygen 54 Entry protection—contaminated atmosphere or unsafe levels of oxygen An employer must ensure that any place of work at which there is a risk of exposure to atmospheric contaminants or unsafe levels of oxygen is isolated and that appropriate warning signs are provided at the place. Maximum penalty: Level 4. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 55 Atmospheric monitoring 55 Atmospheric monitoring If a risk assessment under Chapter 2 indicates that monitoring of atmospheric contaminants should be undertaken at an employer’s place of work, the employer must ensure that: (a) appropriate monitoring is undertaken in accordance with a suitable procedure, and (b) the results of the monitoring are recorded, and (c) any employee or other person working at the employer’s place of work who may be or may have been exposed to an atmospheric contaminant that has been monitored is provided with the results of the monitoring, and (d) the monitoring records are readily accessible to any such employee or person. Maximum penalty: Level 3. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 56 Prevention of falls from heights—particular risk control measures 56 Prevention of falls from heights—particular risk control measures (1) An employer must ensure that risks associated with falls from a height are controlled by use of the following measures: (a) provision and maintenance of: (i) a stable and securely fenced work platform (such as scaffolding or other form of portable work platform), or (ii) if compliance with subparagraph (i) is not reasonably practicable—secure perimeter screens, fencing, handrails or other forms of physical barriers that are capable of preventing the fall of a person, or (iii) if compliance with subparagraph (ii) is not reasonably practicable—other forms of physical restraints that are capable of arresting the fall of a person from a height of more than 2 metres, (b) provision of a safe means of movement between different levels at the place of work. (2) If a fall arrest device is provided for use by persons at work, the employer must ensure that: (a) all anchorage points for the device are inspected by a competent person before their first use and then on a regular basis so they are capable of supporting the design loads, and (b) if the load-bearing capacity of an anchorage point is impaired, the anchorage is immediately made inoperable so as to prevent its use, and (c) any harness, safety line or other component of the device that shows wear or weakness to the extent it may cause the device to fail is not used, and (d) all persons using the device have received training in the selection, assembly and use of the system, and (e) adequate provision is made for the rescue of a person whose fall is arrested by a fall arrest device. Maximum penalty: Level 4. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 57 Falling objects—particular risk control measures 57 Falling objects—particular risk control measures An employer must ensure that risks associated with falling objects are controlled by use of the following measures: (a) provision of safe means of raising and lowering plant, materials and debris in the place of work, (b) provision of a secure physical barrier to prevent objects falling freely from buildings or structures in or in the vicinity of the place of work, (c) if it is not possible to provide a secure physical barrier, provision of measures to arrest the fall of objects, (d) provision of appropriate personal protective equipment. Maximum penalty: Level 4. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 58 Scaffolding—particular risk control measures 58 Scaffolding—particular risk control measures An employer must ensure that: (a) a scaffold from which a person or object could fall more than 4 metres, and its supporting structure, is inspected by a competent person for compliance with this Regulation: (i) before its first use, and (ii) as soon as practicable, and before its next use, after an occurrence that might reasonably be expected to affect the stability or adequacy of the scaffold or its supporting structure, such as a severe storm or earthquake, and (iii) before its use following repairs, and (iv) at intervals not exceeding 30 days, and (b) if an inspection of a scaffold or its supporting structure indicates an unsafe condition, appropriate repairs, alterations or additions are carried out and the scaffold and its supporting structure are re-inspected by a competent person before further use of the scaffold, and (c) if a scaffold is incomplete and left unattended, appropriate controls, including the use of danger tags or warning signs, are used to prevent unauthorised access to it, and (d) the erection and dismantling of: (i) scaffolds, and (ii) temporarily erected structures, intended or used to support sheetings, hoardings, guard rails, means of access or egress and entertainment equipment, is carried out in compliance with AS/NZS 1576.1:1995Scaffolding Part 1: General requirements. Maximum penalty: Level 4. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 59 Lifts—particular risk control measures 59 Lifts—particular risk control measures An employer must ensure that, if a person is working in a lift well, adequate provision is made for the protection of the person from objects falling on the person or movement of the lift car, including provision of the following: (a) a means of isolating the lift car to prevent movement, (b) a safe working platform, (c) adequate protection decking, (d) suitable access to the lift well, working platform and protection decking. Maximum penalty: Level 4. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 60 Brittle or fragile roofs—particular risk control measures 60 Brittle or fragile roofs—particular risk control measures An employer must ensure that the risk of falls associated with persons working on or passing across roofs that are wholly or partly covered by brittle or fragile roofing material are controlled by use of the following measures: (a) permanent walkways, (b) if this is not practicable, adequately secured temporary walkways or other means to prevent the fall of persons working on or passing across the roof. Maximum penalty: Level 4. OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 61 Building maintenance—particular risk control measures 61 Building maintenance—particular risk control measures An employer must ensure that risks of falls associated with building maintenance, including window cleaning, from outside or through windows are controlled by: (a) the provision of adequate safe access to the work area, or (b) if compliance with paragraph (a) is not reasonably practicable, the use of appropriate fall arrest devices. Maximu