• Specific Year
    Any

WORK HEALTH AND SAFETY REGULATION 2017

- Made under the Work Health and Safety Act 2011 - As at 24 October 2023 - Reg 404 of 2017

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 Part 7, Division 2
  • 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

Division 11 - Psychosocial risks

  • 55A Meaning of "psychosocial hazard"
  • 55B Meaning of "psychosocial risk"
  • 55C Managing psychosocial risks
  • 55D Control measures

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 - Preliminary

Division 2 - Giving notice

  • 142 Notice of demolition work

Division 3 - Requirement to be licensed

  • 142A Requirement to hold demolition licence
  • 142B Duty to ensure person undertaking licensed demolition work is licensed

Division 4 - Supervision and training

  • 142C Named supervisor must be present
  • 142E Licence holder must keep training records
  • 142F Approval of courses of training and authorisation of RTOs

Division 5 - Licensing process

Note Subdivision 1 - Applying for licence
  • 143 Who may apply for licence
  • 143A Application for licence
  • 143B Withdrawal of application
  • Subdivision 2 - Decision about application
  • 143C Decision about application
  • 143D Matters to be taken into account
  • 143E Refusal to grant licence--process
  • 143F Licence conditions
  • Subdivision 3 - Issuing licence
  • 143G Duration of licence
  • 143H Licence document
  • 143I Licence document to be available

Division 6 - Amendment of licence

  • 143J Changes to information
  • 143K Change to named supervisor initiated by licence holder
  • 143L Removal of supervisor by regulator
  • 143M Amendment imposed by regulator
  • 143N Amendment on application by licence holder
  • 143O Minor corrections to licence
  • 143P Licence holder to return licence document
  • 143Q Replacement licence document
  • 143R Voluntary surrender of licence

Division 7 - Licence renewal

  • 143S Regulator may renew licence
  • 143T Application for renewal
  • 143U Decision about application
  • 143V Matters to be taken into account
  • 143W Refusal to renew licence--process
  • 143X Status of licence during review

Division 8 - Suspension or cancellation

  • 143Y Suspension or cancellation of licence
  • 143Z Matters to be taken into account
  • 143ZA Notice to and submissions by licence holder
  • 143ZB Notice of decision
  • 143ZC Immediate suspension
  • 143ZD Licence holder to return licence document
  • 143ZE Regulator to return licence document after suspension ends

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--qualifications
  • 171A Competence of worker--general diving work--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

PART 4.9 - TRAFFIC CONTROL WORK TRAINING

Division 1 - Preliminary

Division 2 - General training requirements

  • 184B Duty to provide traffic control work training
  • 184C Duty to ensure worker has been trained

Division 3 - Traffic control work training cards

  • 184D Issue of card
  • 184E Content of card
  • 184F Replacement card
  • 184G Refusal to issue or replace card
  • 184H Cancellation of card--grounds
  • 184I Cancellation of card--process

Division 4 - Duties of workers

  • 184J Duties of workers
  • 184K Alteration of traffic control work training card

Division 5 - Miscellaneous

  • 184L Approval of courses of training and authorisation of RTOs
  • 184M Part does not apply to certain persons
  • 184N Existing photo card taken to be training card

PART 4.10 - MANUFACTURED STONE--CUTTING

  • 184O Duty to ensure workers cutting manufactured stone are protected

PART 4.11 - FOOD DELIVERY RIDERS

  • 184P Definitions
  • 184Q Duty to supply personal protective equipment
  • 184R Duty to provide food delivery induction training
  • 184S Duty to ensure food delivery rider has been trained
  • 184T Duty to keep records
  • 184U Duties of food delivery riders

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
  • 272A Duration of registration for an item of plant
  • 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 2A - Digital general construction induction training cards

  • 325A Issue
  • 325B Content
  • 325C Use
  • 325D Retention or seizure of general construction induction training card
  • 325E Cancellation

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 ASBESTOS REMOVAL LICENCE

  • 475 Air monitoring--asbestos removal requiring Class A asbestos removal 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

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

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