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
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
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
- 699 Incident notification--prescribed serious illnesses
- 700 Inspectors' identity cards
- 701 Review of decisions under the Act--stay of decision
- 701A Regulator's power to waive, reduce, postpone or refund fees
- 702 Confidentiality of information--exception relating to administration or enforcement of other laws
- 702A Savings and transitional provisions
- 702B Register of certain licences and training cards
702C. (Repealed)
- 702D Signature not required for licences in digital form