New South Wales Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATION 2011

- Made under the Work Health and Safety Act 2011
- As at 1 July 2017
- Reg 674 of 2011

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

   PART 1.1 - INTRODUCTORY MATTERS
   Note

   1.      Name of Regulation
   2.      Commencement
   3.      Authorising provisions
   4.      Repeal
   5.      Definitions
   5A.     Meaning of “corresponding WHS law”
   6.      Determination of safety management system
   7.      Meaning of “person conducting a business or undertaking”-persons excluded
   8.      Meaning of supply
   9.      Provisions linked to health and safety duties in Act

   PART 1.2 - APPLICATION

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

   PART 1.3 - INCORPORATED DOCUMENTS

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

CHAPTER 2 - REPRESENTATION AND PARTICIPATION

   PART 2.1 - REPRESENTATION

           Division 1 - Work groups

   16.     Negotiations for and determination of work groups
   17.     Matters to be taken into account in negotiations

           Division 2 - Health and safety representatives

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

   PART 2.2 - ISSUE RESOLUTION

   22.     Agreed procedure-minimum requirements
   23.     Default procedure

   PART 2.3 - CESSATION OF UNSAFE WORK

   24.     Continuity of engagement of worker

   PART 2.4 - WORKPLACE ENTRY BY WHS ENTRY PERMIT HOLDERS

   25.     Training requirements for WHS entry permits
   26.     Form of WHS entry permit
   27.     Notice of entry-general
   28.     Additional requirements-entry under section 117
   29.     Additional requirements-entry under section 120
   30.     Additional requirements-entry under section 121
   31.     Register of WHS entry permit holders

CHAPTER 3 - GENERAL RISK AND WORKPLACE MANAGEMENT

   PART 3.1 - MANAGING RISKS TO HEALTH AND SAFETY

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

   PART 3.2 - GENERAL WORKPLACE MANAGEMENT

           Division 1 - Information, training and instruction

   39.     Provision of information, training and instruction

           Division 2 - General working environment

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

           Division 3 - First aid

   42.     Duty to provide first aid

           Division 4 - Emergency plans

   43.     Duty to prepare, maintain and implement emergency plan

           Division 5 - Personal protective equipment

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

           Division 6 - Remote or isolated work

   48.     Remote or isolated work

           Division 7 - Managing risks from airborne contaminants

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

           Division 8 - Hazardous atmospheres

   51.     Managing risks to health and safety
   52.     Ignition sources

           Division 9 - Storage of flammable or combustible substances

   53.     Flammable and combustible material not to be accumulated

           Division 10 - Falling objects

   54.     Management of risk of falling objects
   55.     Minimising risk associated with falling objects

CHAPTER 4 - HAZARDOUS WORK

   PART 4.1 - NOISE

   56.     Meaning of “exposure standard for noise”
   57.     Managing risk of hearing loss from noise
   58.     Audiometric testing
   59.     Duties of designers, manufacturers, importers and suppliers of plant

   PART 4.2 - HAZARDOUS MANUAL TASKS

   60.     Managing risks to health and safety
   61.     Duties of designers, manufacturers, importers and suppliers of plant or structures

   PART 4.3 - CONFINED SPACES

           Division 1 - Preliminary

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

           Division 2 - Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure

   64.     Duty to eliminate or minimise risk

           Division 3 - Duties of person conducting business or undertaking

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

   PART 4.4 - FALLS

   78.     Management of risk of fall
   79.     Specific requirements to minimise risk of fall
   80.     Emergency and rescue procedures

   PART 4.5 - HIGH RISK WORK

           Division 1 - Licensing of high risk work

              Subdivision 1 - Requirement to be licensed

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

              Subdivision 2 - Licensing process

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

              Subdivision 3 - Amendment of licence document

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

              Subdivision 4 - Renewal of high risk work licence

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

              Subdivision 5 - Suspension and cancellation of high risk work licence

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

           Division 2 - Accreditation of assessors

              Subdivision 1 - Requirement to be accredited

   113.    Accreditation required to assess competency for high risk work licence
   114.    Accredited assessor must act in accordance with accreditation

              Subdivision 2 - Accreditation process

   115.    Regulator may accredit assessors
   116.    Application for accreditation
   117.    Additional information
   118.    Decision on application
   119.    Matters to be taken into account
   120.    Refusal to grant accreditation-process
   121.    Conditions of accreditation
   122.    Duration of accreditation
   123.    Accreditation document
   124.    Accreditation document to be available

              Subdivision 3 - Amendment of accreditation document

   125.    Changes to information
   126.    Accredited assessor to return accreditation document
   127.    Replacement accreditation document
   128.    Voluntary surrender of accreditation

              Subdivision 4 - Renewal of accreditation

   129.    Regulator may renew accreditation
   130.    Application for renewal
   131.    Accreditation continues in force until application is decided
   132.    Provisions relating to application

              Subdivision 5 - Suspension and cancellation

   133.    Regulator may suspend or cancel accreditation
   134.    Suspension or cancellation of accreditation
   135.    Matters to be taken into account
   136.    Notice to and submissions by accredited assessor
   137.    Notice of decision
   138.    Immediate suspension
   139.    Accredited assessor to return accreditation document
   140.    Regulator to return accreditation document after suspension

              Subdivision 6 - Agreements with RTOs

   141.    Regulator may enter into agreement with RTO

   PART 4.6 - DEMOLITION WORK

           Division 1 - Notice of demolition work

   142.    Notice of demolition work

           Division 2 - Licensing of demolition work

   143.    Demolition work required to be licensed

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

           Division 1 - Preliminary

   144.    Meaning of “electrical equipment”
   145.    Meaning of “electrical installation”
   146.    Meaning of “electrical work”

           Division 2 - General risk management

   147.    Risk management

           Division 3 - Electrical equipment and electrical installations

   148.    Electrical equipment and electrical installations to which this Division applies
   149.    Unsafe electrical equipment
   150.    Inspection and testing of electrical equipment
   151.    Untested electrical equipment not to be used

           Division 4 - Electrical work on energised electrical equipment

   152.    Application of Division 4
   153.    Persons conducting a business or undertaking to which this Division applies
   154.    Electrical work on energised electrical equipment-prohibited
   155.    Duty to determine whether equipment is energised
   156.    De-energised equipment must not be inadvertently re-energised
   157.    Electrical work on energised electrical equipment-when permitted
   158.    Preliminary steps
   159.    Unauthorised access to equipment being worked on
   160.    Contact with equipment being worked on
   161.    How the work is to be carried out
   162.    Record keeping

           Division 5 - Electrical equipment and installations and construction work-additional duties

   163.    Duty of person conducting business or undertaking

           Division 6 - Residual current devices

   164.    Use of socket outlets in hostile operating environment
   165.    Testing of residual current devices

           Division 7 - Overhead and underground electric lines

   166.    Duty of person conducting a business or undertaking

   PART 4.8 - DIVING WORK

           Division 1 - Preliminary

   167.    Purpose of Part 4.8

           Division 2 - General diving work-fitness and competence of worker

   168.    Person conducting business or undertaking must ensure fitness of workers
   169.    Certificate of medical fitness
   170.    Duty to keep certificate of medical fitness
   171.    Competence of worker-general diving work-general qualifications
   171A.   Competence of worker-general diving work-additional knowledge and skill
   172.    Competence of worker-incidental diving work
   173.    Competence of worker-limited scientific diving work
   174.    Competence of competent person supervising general diving work
   175.    Evidence of competence-duty of person conducting business or undertaking

           Division 3 - Managing risks-general diving work

   176.    Management of risks to health and safety
   177.    Appointment of competent person to supervise diving work
   178.    Additional control-dive plan
   179.    Dive plan must be complied with
   180.    Additional control-dive safety log to be kept
   181.    Use of dive safety log
   182.    Record keeping

           Division 4 - High risk diving work

   183.    Duties of person conducting business or undertaking
   184.    Duty of worker-competence

CHAPTER 5 - PLANT AND STRUCTURES

   PART 5.1 - GENERAL DUTIES FOR PLANT AND STRUCTURES
   Note

           Division 1 - Preliminary

   185.    Application of Part 5.1 to plant
   186.    Application of Part 5.1 to structures

           Division 2 - Duties of persons conducting businesses or undertakings that design plant

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

           Division 3 - Duties of persons conducting businesses or undertakings that manufacture plant

   193.    Control of risk
   194.    Guarding
   195.    Information must be obtained and provided

           Division 4 - Duties of persons conducting businesses or undertakings that import plant

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

           Division 5 - Duties of persons conducting businesses or undertakings that supply plant

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

           Division 6 - Duties of persons conducting businesses or undertakings that install, construct or commission plant or structures

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

           Division 7 - General duties of a person conducting a business or undertaking involving the management or control of plant
           Note

              Subdivision 1 - Management of risks

   203.    Management of risks to health and safety

              Subdivision 2 - Additional control measures for general plant

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

              Subdivision 3 - Additional control measures for certain plant
              Note

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

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

           Division 1 - Application of Part 5.2

   227.    Application of Part 5.2

           Division 2 - Duty of person conducting a business or undertaking who designs plant to record plant design

   228.    Records and information
   229.    Record of standards or engineering principles used
   230.    Records to be available for inspection

           Division 3 - Duties of a person conducting a business or undertaking

   231.    Duty of persons conducting businesses or undertakings that manufacture plant
   232.    Duty of persons conducting businesses or undertakings that import plant
   233.    Duty of persons conducting businesses or undertakings that supply plant
   234.    Duty of persons conducting businesses or undertakings that commission plant

           Division 4 - Duties of a person conducting a business or undertaking involving the management or control of plant

              Subdivision 1 - Control measures for registered plant

   235.    Major inspection of registered mobile cranes and tower cranes
   236.    Lifts
   237.    Records of plant

              Subdivision 2 - Control measures for amusement devices and passenger ropeways

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

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

           Division 1 - Plant designs to be registered

   243.    Plant design to be registered
   244.    Altered plant designs to be registered
   245.    Recognition of designs registered by corresponding regulator

           Division 2 - Items of plant to be registered

   246.    Items of plant to be registered
   247.    Recognition of plant registered by corresponding regulator

           Division 3 - Registration process for plant designs

   248.    Application of Division 3
   249.    Who can apply to register a plant design
   250.    Application for registration
   251.    Design verification statement
   252.    Who can be the design verifier
   253.    Duty of design verifier
   254.    Design verification statements not to be made in certain circumstances
   255.    Additional information
   256.    Decision on application
   257.    Refusal of registration-process
   258.    Conditions of registration
   259.    Duration of registration of plant design
   260.    Plant design registration number
   261.    Registration document
   262.    Registration document to be available
   263.    Disclosure of design information

           Division 4 - Registration process for an item of plant

   264.    Application of Division 4
   265.    Who can apply to register an item of plant
   266.    Application for registration
   267.    When is a person competent to inspect plant
   268.    Additional information
   269.    Decision on application
   270.    Refusal of registration-process
   271.    Conditions of registration
   272.    Duration of registration
   273.    Plant registration number
   274.    Registration document
   275.    Registration document to be available
   276.    Regulator may renew registration
   277.    Application for renewal
   278.    Registration continues in force until application is decided
   279.    Decision on application
   280.    Status of registration during review

           Division 5 - Changes to registration and registration documents

   281.    Application of Division
   282.    Changes to information
   283.    Amendment of registration imposed by regulator
   284.    Amendment on application by registration holder
   285.    Minor corrections to registration
   286.    Regulator to give amended registration document
   287.    Registration holder to return registration document
   288.    Replacement registration document

           Division 6 - Cancellation of registration

   288A.   Application of Division
   288B.   Regulator may cancel registration
   288C.   Cancellation process
   288D.   Registration holder to return registration document

CHAPTER 6 - CONSTRUCTION WORK

   PART 6.1 - PRELIMINARY

   289.    Meaning of “construction work”
   290.    Meaning of “structure”
   291.    Meaning of “high risk construction work”
   292.    Meaning of “construction project”
   293.    Meaning of “principal contractor”

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

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

   PART 6.3 - DUTIES OF PERSON CONDUCTING BUSINESS OR UNDERTAKING
   Note

           Division 1 - General

   297.    Management of risks to health and safety
   298.    Security of workplace

           Division 2 - High risk construction work-safe work method statements

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

           Division 3 - Excavation work

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

   PART 6.4 - ADDITIONAL DUTIES OF PRINCIPAL CONTRACTOR

   307.    Application of Part 6.4
   308.    Specific control measure-signage identifying principal contractor
   309.    WHS management plan-preparation
   310.    WHS management plan-duty to inform
   311.    WHS management plan-review
   312.    High risk construction work-safe work method statements
   313.    Copy of WHS management plan must be kept
   314.    Further health and safety duties-specific clauses
   315.    Further health and safety duties-specific risks

   PART 6.5 - GENERAL CONSTRUCTION INDUCTION TRAINING

           Division 1 - General construction induction training requirements

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

           Division 2 - General construction induction training cards

   319.    Issue of card
   320.    Content of card
   321.    Replacement card
   322.    Refusal to issue or replace card
   323.    Cancellation of card-grounds
   324.    Cancellation of card-process
   325.    RTO may enter agreement to issue cards

           Division 3 - Duties of workers

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

CHAPTER 7 - HAZARDOUS CHEMICALS

   PART 7.1 - HAZARDOUS CHEMICALS
   Note

           Division 1 - Application of Part 7.1

   328.    Application of Part 7.1

           Division 2 - Obligations relating to safety data sheets and other matters

              Subdivision 1 - Obligations of manufacturers and importers
              Note

   329.    Classification of hazardous chemicals
   330.    Manufacturer or importer to prepare and provide safety data sheets
   331.    Safety data sheets-research chemical, waste product or sample for analysis
   332.    Emergency disclosure of chemical identities to registered medical practitioner
   333.    Emergency disclosure of chemical identities to emergency service worker
   334.    Packing hazardous chemicals
   335.    Labelling hazardous chemicals

              Subdivision 2 - Obligations of suppliers
              Note

   336.    Restriction on age of person who can supply hazardous chemicals
   337.    Retailer or supplier packing hazardous chemicals
   338.    Supplier labelling hazardous chemicals
   339.    Supplier to provide safety data sheets
   340.    Supply of prohibited and restricted carcinogens

              Subdivision 3 - Obligations of persons conducting businesses or undertakings

   341.    Labelling hazardous chemicals-general requirement
   342.    Labelling hazardous chemicals-containers
   343.    Labelling hazardous chemicals-pipe work
   344.    Person conducting business or undertaking to obtain and give access to safety data sheets
   345.    Changes to safety data sheets

           Division 3 - Register and manifest of hazardous chemicals

              Subdivision 1 - Hazardous chemicals register

   346.    Hazardous chemicals register

              Subdivision 2 - Manifest of Schedule 11 hazardous chemicals
              Note

   347.    Manifest of hazardous chemicals
   348.    Regulator must be notified if manifest quantities to be exceeded

           Division 4 - Placards

   349.    Outer warning placards-requirement to display
   350.    Placard-requirement to display

           Division 5 - Control of risk-obligations of persons conducting businesses or undertakings

              Subdivision 1 - General obligations relating to management of risk

   351.    Management of risks to health or safety
   352.    Review of control measures
   353.    Safety signs
   354.    Identification of risk of physical or chemical reaction
   355.    Specific control-fire and explosion
   356.    Keeping hazardous chemicals stable

              Subdivision 2 - Spills and damage

   357.    Containing and managing spills
   358.    Protecting hazardous chemicals from damage

              Subdivision 3 - Emergency plans and safety equipment

   359.    Fire protection and firefighting equipment
   360.    Emergency equipment
   361.    Emergency plans
   362.    Safety equipment

              Subdivision 4 - Storage and handling systems

   363.    Control of risks from storage or handling systems
   364.    Containers for hazardous chemicals used, handled or stored in bulk
   365.    Stopping use and disposing of handling systems
   366.    Stopping use of underground storage and handling systems
   367.    Notification of abandoned tank

           Division 6 - Health monitoring

   368.    Duty to provide health monitoring
   369.    Duty to inform of health monitoring
   370.    Duty to ensure that appropriate health monitoring is provided
   371.    Duty to ensure health monitoring is supervised by registered medical practitioner with experience
   372.    Duty to pay costs of health monitoring
   373.    Information that must be provided to registered medical practitioner
   374.    Duty to obtain health monitoring report
   375.    Duty to give health monitoring report to worker
   376.    Duty to give health monitoring report to regulator
   377.    Duty to give health monitoring report to relevant persons conducting businesses or undertakings
   378.    Health monitoring records

           Division 7 - Induction, information, training and supervision

   379.    Duty to provide supervision

           Division 8 - Prohibition, authorisation and restricted use

   380.    Using, handling and storing prohibited carcinogens
   381.    Using, handling and storing restricted carcinogens
   382.    Using, handling and storing restricted hazardous chemicals
   383.    Application for authorisation to use, handle or store prohibited and restricted carcinogens
   384.    Authorisation to use, handle or store prohibited carcinogens and restricted carcinogens
   385.    Changes to information in application to be reported
   386.    Regulator may cancel authorisation
   387.    Statement of exposure to be given to workers
   388.    Records to be kept

           Division 9 - Pipelines

   389.    Management of risk by pipeline owner
   390.    Pipeline builder’s duties
   391.    Management of risks to health and safety by pipeline operator

   PART 7.2 - LEAD
   Note

           Division 1 - Lead process

   392.    Meaning of “lead process”
   393.    Regulator may decide lead process
   394.    Meaning of “lead risk work”
   395.    Duty to give information about health risks of lead process

           Division 2 - Control of risk

   396.    Containment of lead contamination
   397.    Cleaning methods
   398.    Prohibition on eating, drinking and smoking
   399.    Provision of changing and washing facilities
   400.    Laundering, disposal and removal of personal protective equipment
   401.    Review of control measures

           Division 3 - Lead risk work

   402.    Identifying lead risk work
   403.    Notification of lead risk work
   404.    Changes to information in notification of lead risk work

           Division 4 - Health monitoring

   405.    Duty to provide health monitoring before first commencing lead risk work
   406.    Duty to ensure that appropriate health monitoring is provided
   407.    Frequency of biological monitoring
   408.    Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience
   409.    Duty to pay costs of health monitoring
   410.    Information that must be provided to registered medical practitioner
   411.    Duty to obtain health monitoring report
   412.    Duty to give health monitoring report to worker
   413.    Duty to give health monitoring report to regulator
   414.    Duty to give health monitoring report to relevant persons conducting businesses or undertakings
   415.    Removal of worker from lead risk work
   416.    Duty to ensure medical examination if worker removed from lead risk work
   417.    Return to lead risk work after removal
   418.    Health monitoring records

CHAPTER 8 - ASBESTOS

   PART 8.1 - PROHIBITIONS AND AUTHORISED CONDUCT

   419.    Work involving asbestos or ACM-prohibitions and exceptions

   PART 8.2 - GENERAL DUTY

   420.    Exposure to airborne asbestos at workplace

   PART 8.3 - MANAGEMENT OF ASBESTOS AND ASSOCIATED RISKS

   421.    Application of Part 8.3
   422.    Asbestos to be identified or assumed at workplace
   423.    Analysis of sample
   424.    Presence and location of asbestos to be indicated
   425.    Asbestos register
   426.    Review of asbestos register
   427.    Access to asbestos register
   428.    Transfer of asbestos register by person relinquishing management or control
   429.    Asbestos management plan
   430.    Review of asbestos management plan

   PART 8.4 - MANAGEMENT OF NATURALLY OCCURRING ASBESTOS

   431.    Naturally occurring asbestos
   432.    Asbestos management plan
   433.    Review of asbestos management plan
   434.    Training in relation to naturally occurring asbestos

   PART 8.5 - ASBESTOS AT THE WORKPLACE

           Division 1 - Health monitoring

   435.    Duty to provide health monitoring
   436.    Duty to ensure that appropriate health monitoring is provided
   437.    Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience
   438.    Duty to pay costs of health monitoring
   439.    Information that must be provided to registered medical practitioner
   440.    Duty to obtain health monitoring report
   441.    Duty to give health monitoring report to worker
   442.    Duty to give health monitoring report to regulator
   443.    Duty to give health monitoring report to relevant persons conducting businesses or undertakings
   444.    Health monitoring records

           Division 2 - Training

   445.    Duty to train workers about asbestos

           Division 3 - Control on use of certain equipment

   446.    Duty to limit use of equipment

   PART 8.6 - DEMOLITION AND REFURBISHMENT

   447.    Application-Part 8.6
   448.    Review of asbestos register
   449.    Duty to give asbestos register to person conducting business or undertaking of demolition or refurbishment
   450.    Duty to obtain asbestos register
   451.    Determining presence of asbestos or ACM
   452.    Identification and removal of asbestos before demolition
   453.    Identification and removal of asbestos before demolition of residential premises
   454.    Emergency procedure
   455.    Emergency procedure-residential premises
   456.    Identification and removal of asbestos before refurbishment
   457.    Refurbishment of residential premises

   PART 8.7 - ASBESTOS REMOVAL WORK
   Note

   458.    Duty to ensure asbestos removalist is licensed
   459.    Asbestos removal supervisor must be present or readily available
   460.    Asbestos removal worker must be trained
   461.    Licensed asbestos removalist must keep training records
   462.    Duty to give information about health risks of licensed asbestos removal work
   463.    Asbestos removalist must obtain register
   464.    Asbestos removal control plan
   465.    Asbestos removal control plan to be kept and available
   466.    Regulator must be notified of asbestos removal
   467.    Licensed asbestos removalist must inform certain persons about intended asbestos removal work
   468.    Person with management or control of workplace must inform persons about asbestos removal work
   469.    Signage and barricades for asbestos removal work
   470.    Limiting access to asbestos removal area
   471.    Decontamination facilities
   472.    Disposing of asbestos waste and contaminated personal protective equipment
   473.    Clearance inspection
   474.    Clearance certificates

   PART 8.8 - ASBESTOS REMOVAL REQUIRING CLASS A LICENCE

   475.    Air monitoring-asbestos removal requiring Class A licence
   476.    Action if respirable asbestos fibre level too high
   477.    Removing friable asbestos

   PART 8.9 - ASBESTOS-RELATED WORK

   478.    Application of Part 8.9
   479.    Uncertainty as to presence of asbestos
   480.    Duty to give information about health risks of asbestos-related work
   481.    Asbestos-related work to be in separate area
   482.    Air monitoring
   483.    Decontamination facilities
   484.    Disposing of asbestos waste and contaminated personal protective equipment

   PART 8.10 - LICENSING OF ASBESTOS REMOVALISTS AND ASBESTOS ASSESSORS

           Division 1 - Asbestos removalists-requirement to be licensed

   485.    Requirement to hold Class A asbestos removal licence
   486.    Exception to requirement to hold Class A asbestos removal licence
   487.    Requirement to hold Class B asbestos removal licence
   488.    Recognition of asbestos removal licences in other jurisdictions

           Division 2 - Asbestos assessors-requirement to be licensed

   489.    Requirement to hold asbestos assessor licence
   490.    Recognition of asbestos assessor licences in other jurisdictions

           Division 3 - Licensing process

   491.    Who may apply for a licence
   492.    Application for asbestos removal licence or asbestos assessor licence
   493.    Content of application-Class A asbestos removal licence
   494.    Content of application-Class B asbestos removal licence
   495.    Content of application-asbestos assessor licence
   496.    Additional information
   497.    Decision on application
   498.    Class A asbestos removal licence-regulator to be satisfied about additional matters
   499.    Class B asbestos removal licence-regulator to be satisfied about additional matters
   500.    Matters to be taken into account
   501.    Refusal to grant licence-process
   502.    Conditions of licence
   503.    Duration of licence
   504.    Licence document
   505.    Licence document to be available

           Division 4 - Amendment of licence and licence document

   506.    Changes to information
   507.    Change to nominated supervisor
   508.    Amendment imposed by regulator
   509.    Amendment on application by licence holder
   510.    Minor corrections to licence
   511.    Regulator to give amended licence to the holder
   512.    Licence holder to return licence
   513.    Replacement licence document
   514.    Voluntary surrender of licence

           Division 5 - Renewal of licence

   515.    Regulator may renew licence
   516.    Application for renewal
   517.    Provisions relating to renewal of licence
   518.    Renewal of asbestos removal licence-regulator to be satisfied about certain matters
   519.    Status of licence during review

           Division 6 - Suspension and cancellation of licence

   520.    Suspension or cancellation of licence
   521.    Matters taken into account
   522.    Notice to and submissions by licence holder
   523.    Notice of decision
   524.    Immediate suspension
   525.    Licence holder to return licence document
   526.    Regulator to return licence document after suspension

           Division 7 - General

   527.    Asbestos removal licence register
   528.    Asbestos assessors register
   529.    Work must be supervised by named supervisor

CHAPTER 9 - MAJOR HAZARD FACILITIES

   PART 9.1 - PRELIMINARY

           Division 1 - Application and interpretation

   530.    This Chapter does not apply to certain facilities
   531.    Meaning of “major incident”
   532.    Meaning of hazardous chemicals that are “present or likely to be present”
   533.    Meaning of “operator” of a facility or proposed facility
   534.    Meaning of “modification” of a facility

           Division 2 - Requirement to be licensed

   535.    A major hazard facility must be licensed

   PART 9.2 - DETERMINATIONS ABOUT MAJOR HAZARD FACILITIES

   536.    Operators of certain facilities must notify regulator
   537.    Notification-proposed facilities
   538.    Content of notification
   539.    When regulator may conduct inquiry
   540.    Inquiry procedure
   541.    Determination in relation to facility, on inquiry
   542.    Determination in relation to over-threshold facility
   543.    Suitability of facility operator
   544.    Conditions on determination of major hazard facility
   544A.   Conditions on determination-payment of relevant fee
   545.    Notice and effect of determinations
   546.    When regulator may revoke a determination
   547.    Re-notification if quantity of Schedule 15 chemicals increases
   548.    Notification by new operator
   549.    Time in which major hazard facility licence must be applied for

   PART 9.3 - DUTIES OF OPERATORS OF DETERMINED MAJOR HAZARD FACILITIES
   Note

           Division 1 - Application of Part 9.3

   550.    Application of Part 9.3

           Division 2 - Safety case outline

   551.    Safety case outline must be provided
   552.    Content
   553.    Alteration

           Division 3 - Management of risk

   554.    Identification of major incidents and major incident hazards
   555.    Safety assessment
   556.    Control of risk
   557.    Emergency plan
   558.    Safety management system
   558A.   Security arrangements
   559.    Review of risk management

           Division 4 - Safety case

   560.    Safety case must be provided
   561.    Content
   562.    Co-ordination for multiple facilities
   563.    Review

   PART 9.4 - LICENSED MAJOR HAZARD FACILITIES-RISK MANAGEMENT
   Note

   564.    Identification of major incidents and major incident hazards
   565.    Safety assessment
   566.    Control of risk
   567.    Emergency plan
   568.    Safety management system
   569.    Review of risk management
   570.    Safety case-review
   571.    Information for visitors
   572.    Information for local community-general
   573.    Information for local community-major incident

   PART 9.5 - CONSULTATION AND WORKERS’ SAFETY ROLE

   574.    Safety role for workers
   575.    Operator of major hazard facility must consult with workers

   PART 9.6 - DUTIES OF WORKERS AT LICENSED MAJOR HAZARD FACILITIES

   576.    Duties

   PART 9.7 - LICENSING OF MAJOR HAZARD FACILITIES

           Division 1 - Licensing process

   577.    Who may apply for a licence
   578.    Application for major hazard facility licence
   579.    Additional information
   580.    Decision on application
   581.    Matters to be taken into account
   582.    When decision is to be made
   583.    Refusal to grant major hazard facility licence-process
   584.    Conditions of licence
   585.    Duration of licence
   585A.   Conditions of licence-payment of relevant fee
   586.    Licence document
   587.    Licence document to be available

           Division 2 - Amendment of licence and licence document

   588.    Changes to information
   589.    Amendment imposed by regulator
   590.    Amendment on application by operator
   591.    Minor corrections to major hazard facility licence
   592.    Regulator to give amended licence document to operator
   593.    Operator to return licence
   594.    Replacement licence document

           Division 3 - Renewal of major hazard facility licence

   595.    Regulator may renew licence
   596.    Application for renewal
   597.    Licence continues in force until application is decided
   598.    Provisions relating to renewal of licence
   599.    Status of major hazard facility licence during review

           Division 4 - Transfer of major hazard facility licence

   600.    Transfer of major hazard facility licence

           Division 5 - Suspension and cancellation of major hazard facility licence

   601.    Cancellation of major hazard facility licence-on operator’s application
   602.    Suspension or cancellation of licence-on regulator’s initiative
   603.    Matters to be taken into account
   604.    Notice to and submissions by operator
   605.    Notice of decision
   606.    Immediate suspension
   607.    Operator to return licence document
   608.    Regulator to return licence document after suspension

CHAPTER 10 - MINES
           None
           Note

CHAPTER 11 - GENERAL

   PART 11.1 - REVIEW OF DECISIONS UNDER THIS REGULATION

           Division 1 - Reviewable decisions

   676.    Which decisions under this Regulation are reviewable

           Division 2 - Internal review

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

           Division 3 - External review

   683.    Application for external review

   PART 11.2 - EXEMPTIONS

           Division 1 - General

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

           Division 2 - High risk work licences

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

           Division 3 - Major hazard facilities

   688.    Major hazard facility-exemption
   689.    Major hazard facility-regulator to be satisfied about certain matters

           Division 4 - Exemption process

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

   PART 11.3 - MISCELLANEOUS

   699.    Incident notification-prescribed serious illnesses
   700.    Inspectors’ identity cards
   701.    Review of decisions under the Act-stay of decision
   702.    Confidentiality of information-exception relating to administration or enforcement of other laws
   702A.   Penalty notice offences and penalties
   703.    (Repealed)
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8
           SCHEDULE 9
           SCHEDULE 10
           SCHEDULE 11
           SCHEDULE 12
           SCHEDULE 13
           SCHEDULE 14
           SCHEDULE 15
           SCHEDULE 16
           SCHEDULE 17
           SCHEDULE 18
           SCHEDULE 18A
           SCHEDULE 18B


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