WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS (NO 59 OF 2011)
Table of Provisions
CHAPTER 1--PRELIMINARY
PART 1.1--INTRODUCTORY MATTERS
1 Citation
2 Commencement
3 Authorising provisions
4 Repeal
5 Definitions
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 these Regulations
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
CHAPTER 3--GENERAL RISK AND WORKPLACE MANAGEMENT
PART 3.1--MANAGING RISKS TO HEALTH AND SAFETY
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
Division 6--Remote or isolated work
48 Remote or isolated work
Division 8--Hazardous atmospheres
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
PART 4.2--HAZARDOUS MANUAL TASKS
PART 4.3--CONFINED SPACES
Division 1--Preliminary
64 Duty to eliminate or minimise risk
Division 3--Duties of person conducting business or undertaking
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
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
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
PART 4.7--GENERAL ELECTRICAL SAFETY IN WORKPLACES AND ENERGISED ELECTRICAL WORK
Division 1--Preliminary
Division 2--General risk management
Division 4--Electrical work on energised electrical equipment
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 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
Division 1--Preliminary
Division 2--Duties of persons conducting businesses or undertakings that design plant
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
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 plantNote for
Subdivision 1--Management of risks
PART 5.2--ADDITIONAL DUTIES RELATING TO REGISTERED PLANT AND PLANT DESIGNSNOTES FOR PART
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
PART 5.3--REGISTRATION OF PLANT DESIGNS AND ITEMS OF PLANTNOTE FOR PART
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
CHAPTER 6--CONSTRUCTION WORK
PART 6.1--PRELIMINARY
PART 6.3--DUTIES OF PERSON CONDUCTING BUSINESS OR UNDERTAKINGNOTE FOR PART
Division 1--General
Division 3--Excavation work
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 CHEMICALSNOTE FOR PART
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
Subdivision 1--Hazardous chemicals register
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 fire fighting 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
Division 7--Induction, information, training and supervision
379 Duty to provide supervision
Division 8--Prohibition, authorisation and restricted use
Division 9--Pipelines
PART 7.2--LEADNOTE FOR PART
Division 1--Lead process
Division 2--Control of risk
Division 3--Lead risk work
Division 4--Health monitoring
CHAPTER 8--ASBESTOS
PART 8.1--PROHIBITIONS AND AUTHORISED CONDUCT
419 Work involving asbestos or ACM – prohibitions and exceptions
PART 8.2--GENERAL DUTY
PART 8.3--MANAGEMENT OF ASBESTOS AND ASSOCIATED RISKS
PART 8.4--MANAGEMENT OF NATURALLY OCCURRING ASBESTOS
PART 8.5--ASBESTOS AT THE WORKPLACE
Division 1--Health monitoring
Division 2--Training
Division 3--Control on use of certain equipment
446 Duty to limit use of equipment
PART 8.6--DEMOLITION AND REFURBISHMENT
PART 8.7--ASBESTOS REMOVAL WORKNOTE FOR PART
PART 8.8--ASBESTOS REMOVAL REQUIRING CLASS A LICENCE
PART 8.9--ASBESTOS-RELATED WORK
PART 8.10--LICENSING OF ASBESTOS REMOVALISTS AND ASBESTOS ASSESSORS
Division 1 Asbestos removalists -- requirement to be licensed
Division 3--Licensing process
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
CHAPTER 9--MAJOR HAZARD FACILITIES
PART 9.1--PRELIMINARY
Division 1--Application and interpretation
Division 2--Requirement to be licensed
PART 9.2--DETERMINATIONS ABOUT MAJOR HAZARD FACILITIES
PART 9.3--DUTIES OF OPERATORS OF DETERMINED MAJOR HAZARD FACILITIESNOTES FOR PART
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
Division 4--Safety case
560 Safety case must be provided
561 Content
562 Coordination for multiple facilities
563 Review
PART 9.4--LICENSED MAJOR HAZARD FACILITIES -- RISK MANAGEMENTNOTE FOR PART
PART 9.5--CONSULTATION AND WORKERS' SAFETY ROLE
PART 9.6--DUTIES OF WORKERS AT LICENSED MAJOR HAZARD FACILITIES
PART 9.7--LICENSING OF MAJOR HAZARD FACILITIES
Division 1--Licensing process
Division 2--Amendment of licence and licence document
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
CHAPTER 10--MINESNOTE FOR CHAPTER
CHAPTER 11--GENERAL
PART 11.1--REVIEW OF DECISIONS UNDER THESE REGULATIONS
Division 1--Reviewable decisions
Division 2--Internal review
Division 3--External review
PART 11.2--EXEMPTIONS
Division 1--General
Division 2--High risk work licences
Division 3--Major hazard facilities
Division 4--Exemption process
PART 11.3--MISCELLANEOUS
Division 1--General matters
Division 2--Infringement notice offences
PART 12.1--PRELIMINARY MATTERS
PART 12.2--GENERAL RISKS AND WORKPLACE MANAGEMENT
PART 12.3--HAZARDOUS WORK
PART 12.4--UPSTREAM DUTIES
PART 12.5--HIGH RISK WORK -- LICENSING AND ACCREDITATION
Division 1--High risk work licences
Division 2--Assessors
PART 12.6--DIVING WORK
PART 12.7--PLANT AND STRUCTURES
Division 1--General duties for existing plant
Division 2--Registration of plant designs and items of plant
Subdivision 1--Plant designs
Subdivision 2--Items of plant
PART 12.8--CONSTRUCTION WORK
Division 2--General construction industry training
PART 12.9--HAZARDOUS CHEMICALS
Division 1 Hazardous chemicals -- general
Division 2--Manifests and notification
PART 12.10--ASBESTOS
Division 1--Duties in relation to asbestos
Division 2--Licences
PART 12.11--MAJOR HAZARD FACILITIES
PART 12.12--MISCELLANEOUS
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