South Australian Consolidated Regulations

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OCCUPATIONAL HEALTH, SAFETY AND WELFARE REGULATIONS 1995 - REG 1.1.5

1.1.5—Interpretation

        (1)         In these regulations, unless the contrary intention appears—

"abrasive blasting" means the cleaning, smoothing, roughening or removal of the surface or part of the surface of an object by the use of an abrasive material propelled by a blast of compressed air or steam, a wheel, or other similar means;

"abrasive material" means a substance used or intended to be used as an abrasive for abrasive blasting;

"the Act" means the Occupational Health, Safety and Welfare Act 1986 ;

"ADG Code" means the sixth edition of the Australian Code for the Transport of Dangerous Goods by Road and Rail approved by the Ministerial Council for Road Transport, endorsed by the Australian Transport Council and published by the Australian Office of Road Safety;

"administrative noise control" means a measure that reduces the noise to which a person at a workplace is exposed by means of work arrangements and includes—

            (a)         the scheduling of work; and

            (b)         job rotation; and

            (c)         limiting the entry of persons to noisy areas; and

            (d)         the observance of quiet work practices,

but does not include the use of personal hearing protectors;

"alter" in relation to plant means to change the design of, add to or take away from the plant where to do so may affect health or safety, but does not include undertaking routine maintenance, repair or replacement;

"amusement structure" means a structure or device operated for hire or reward, or provided on hire or lease—

            (a)         that is used or designed to be used for amusement, recreation, sightseeing or entertainment and on which persons may be moved, carried, raised, lowered or supported by any part of the structure or device, or on which persons may jump or slide; and

            (b)         that is—

                  (i)         an arrangement of structural or mechanical elements (or both) that has as its prime function the provision of movement of a passenger or passengers in a controlled manner so that the passenger or passengers are not necessarily required to move themselves to obtain the desired effect (called an "amusement ride"); or

                  (ii)         an arrangement of equipment through which, or on which, a rider moves, where the desired effect is achieved primarily by the rider's self-powered motion, or by some other process that is not referred to in the description of an amusement ride (called an "amusement device"); or

                  (iii)         a structure or arrangement of equipment through or on which, or down which, a person moves, where the desired effect is achieved primarily by the person's self-powered motion, by motion induced by gravity, or by some other process or means associated with the design or operation of the structure or equipment;

but does not include—

            (c)         a miniature train and railway system owned and operated by a model railway society, club or association; or

            (d)         a ride or device that is used as a form of transport and that is, in relation to its use for that purpose, regulated under another Act (including an Act of the Commonwealth); or

            (e)         a boat or flotation device—

                  (i)         that is solely propelled by a person who is in or on the boat or device; and

                  (ii)         that is not attached to any mechanical elements or equipment outside the boat or device, and that does not rely on any artificial flow of water to move; or

            (f)         any plant specifically designed for a sporting, professional stunt, theatrical or acrobatic purpose or activity; or

            (g)         a coin-operated device that—

                  (i)         is intended to be ridden, at the one time, by no more than 4 children below the age of 10 years; and

                  (ii)         is usually located in a shopping centre or similar public location; and

                  (iii)         does not necessarily have an operator;

"article" means an item—

            (a)         that is formed during production to a specific shape or design, or to have a specific surface; and

            (b)         that is used for a purpose that depends in whole or in part on its shape, design or surface; and

            (c)         that undergoes no change in chemical composition or physical state during use,

but does not include any fluid or particle;

"asbestos" means the fibrous form of mineral silicates that belong to the serpentine or amphibole groups of rock-forming minerals, including actinolite, amosite (brown asbestos), anthophyllite, crocidolite (blue asbestos), chrysotile (white asbestos) and tremolite, or a combination of two or more of these;

"asbestos removal work" means work involving the removal of—

            (a)         insulation material that consists of or contains asbestos, or other friable asbestos-containing material; or

            (b)         an asbestos-cement (fibro) product, or other non-friable asbestos-containing material;

"asbestos work" means any work where, in the course of that work, exposure to asbestos (or any material that consists of or contains asbestos) may occur;

"associated temporary equipment" means equipment specifically intended to provide a temporary platform, means of access, means of fall protection or means of protection from falling debris, and includes a temporary guardrail, temporary hoarding, temporary gantry, portable ladder, crane-lifted workbox, industrial safety net or individual fall-arrest system, but does not include a scaffold;

"atmospheric contaminant" means a harmful substance or agent that occurs in the form of any fume, mist, gas, dust, vapour or biological contaminant;

"atmospheric monitoring" means the sampling of the atmosphere at a workplace and deriving a quantitative estimate of the levels of hazardous substances in the air;

"Australian Standard" or "AS" means a standard of the Standards Association of Australia ;

"blasting cabinet" means an enclosure used or intended to be used for the purpose of abrasive blasting and into which no person can enter or remain during an operating cycle;

"blasting chamber" means a structure in which a person is present during abrasive blasting;

"boiler" means a vessel, or an arrangement of vessels, and inter-connecting parts, in which steam or other vapour is generated, or water or other liquid is heated at a pressure greater than atmospheric pressure by the use of fire, the products of combustion, electrical power or other similar means, and includes a superheater, reheater, economiser, boiler piping support, mounting, valve, gauge, fitting, control, setting, or other equipment directly associated with a boiler, but does not include a fully flooded or pressurised system where water or other liquid is heated to a temperature lower than the normal atmospheric boiling temperature of the liquid;

"boom-type elevating work platform" means a telescoping device, hinged device, or articulated device, or any combination of two or more of these, used to support a platform on which a person, equipment or materials may be elevated;

"bracket scaffold" means a scaffold the platform of which is carried on frames attached to, or supported by, a permanent or temporary construction;

"breathing zone" in relation to a person means the area represented by an imaginary hemisphere 300 mm in radius that—

            (a)         extends in front of the face of the person; and

            (b)         is measured from the midpoint of an imaginary line joining his or her ears;

"bridge crane" means a crane that incorporates a bridge beam mounted at each end to an end carriage, is capable of travelling along elevated runways, and has one or more hoisting mechanisms arranged to traverse across the bridge;

"BS" means a standard of The British Standards Institution ;

"buffing" means a process of polishing or abrading carried out by means of a powder, paste or other substance applied to the surface of a mechanically operated wheel, disc or band;

"building" has the same meaning as in the Development Act 1993 ;

"building maintenance equipment" means a suspended platform and associated equipment that incorporates permanently installed overhead supports to provide access to a face or other similar surface of a building for maintenance purposes, and includes a building maintenance unit and a swing stage, but does not include a suspended scaffold;

"building maintenance unit" means a power-operated suspended platform and associated equipment that is permanently installed on a building and specifically designed to provide access to a face of a building for maintenance purposes;

"cantilevered scaffold" means a scaffold that is supported by cantilevered load-bearing members, but does not include a bracket scaffold;

"chemical name" of a substance means the recognised chemical name of the substance used in scientific or technical texts;

"commissioning" in relation to plant means performing necessary adjustments, tests and inspections to ensure that the plant is in full working order to specified requirements, and includes recommissioning;

"competent person" means a person who is suitably qualified (whether by experience, training, or both) to carry out the work or function described in the relevant regulation;

"concrete placing unit (truck mounted with boom)" means plant used to place concrete in a particular place by pumping the concrete through a pipeline attached to, or forming part of, a boom, where the plant is capable of travelling over a supporting surface without a fixed runway or track and relies on gravity for stability and, accordingly, does not have a vertical restraining connection between itself and the supporting surface nor a horizontal restraining connection (other than frictional forces at the supporting surface level) to act as an aid to stability;

"confined space" means an enclosed or partially enclosed space which—

            (a)         is at atmospheric pressure during occupancy; and

            (b)         is not intended or designed primarily as a place of work; and

            (c)         may have restricted means of entry and exit; and

            (d)         may—

                  (i)         have atmospheric contaminants or an unsafe oxygen level; or

                  (ii)         cause engulfment,

and may include (but is not limited to)—

            (e)         a storage tank, tank car, process vessel, boiler, pressure vessel, silo or other tank-like compartment;

            (f)         an open-topped space (such as a degreaser or pit);

            (g)         a pipe, sewer, shaft, duct or similar structure;

            (h)         a shipboard space entered through a small hatchway or access point, or a cargo tank, cellular double bottom tank, duct keel, ballast or oil tank or other void space, other than a dry cargo hold;

"consumer package" means a package intended for retail display and sale (and includes a package that is transported and distributed as part of a larger consolidated package that consists of a number of identical consumer packages);

"container" means anything in or by which substances are or have been wholly (or partly) cased, covered, enclosed, contained or packed (whether such a container is empty, partially full or completely full), but does not include a tank or bulk storage container within the meaning of the ADG Code;

"conveyor" means an apparatus or equipment, worked by a form of power, other than human power, by means of which loads may be raised, lowered, transported or continuously driven by—

            (a)         an endless belt, rope, chain or other similar means; or

            (b)         buckets, trays or other containers or fittings moved by an endless belt, rope, chain or other similar means; or

            (c)         a rotating screw; or

            (d)         a vibration or walking beam; or

            (e)         a powered roller conveyor where the rolls are driven by an endless belt, rope, chain or other similar means,

and includes the supporting structure, auxiliary equipment and gear used in connection with such an apparatus or equipment;

"crane" means an appliance by means of which loads may be raised or lowered and moved horizontally and includes the supporting structure and foundations of such a structure, but does not include an industrial lift truck, earthmoving machinery, an amusement structure, a tractor, an industrial robot, a conveyor, building maintenance equipment, a suspended scaffold or a lift;

"dB(A)" means decibels of A-weighted sound pressure level;

"dB(C)" means decibels of C-weighted sound pressure level;

"deluge facility" means an eye-bath, deluge shower or hand-held tap attachment that is designed to drench a contaminated part of the body with water;

"designer" means a person who designs plant or structures, or who is responsible for the design of plant or structures;

"dry abrasive blasting" means abrasive blasting conducted without addition of water to the abrasive material or its propellant;

"earthmoving machinery" means an operator-controlled item of plant used to excavate, load, transport, spread or compact earth, overburden, rubble, spoil, aggregate or similar materials, but does not include a tractor or an industrial lift truck;

"electroplating" or "electroplating process" means a process that involves applying a deposit of metal to something by electrolytic means;

"electroplating substance" means a poisonous or corrosive substance used for electroplating;

"electrical installation" means any electrical wiring, accessory, fitting, consuming device, control or protective gear, or other equipment associated with wiring situated in or on a workplace;

"electrical plant" means plant which consumes, converts or generates electricity;

"elevating work platform" means a telescoping device, scissor device or articulating device (or any combination of two or more of these) used to move people, equipment and material to and from a work location above the device's support surface;

"emergency service" means—

            (a)         the South Australian Metropolitan Fire Service;

            (b)         the Country Fire Service;

            (c)         the South Australian Police Force;

            (d)         any other department or agency or instrumentality of the Crown which may be required to attend at the scene of an emergency;

"engineering noise control" means a measure that reduces the noise to which a person at a workplace is exposed through the design or modification of plant or the physical working environment, including design or modification for—

            (a)         eliminating noisy plant;

            (b)         replacing noisy plant by quieter plant;

            (c)         reducing noise emission at its source;

            (d)         isolating or enclosing noisy plant;

            (e)         the acoustical treatment of the workplace,

but does not include the use of personal hearing protectors;

"erector" means a person who erects, dismantles or alters a structure, or the structure of plant;

"ergonomic" connotes a situation where steps have been taken to optimise the functioning of plant, or systems of work associated with plant, by adapting them to human capacity or need;

"excavation work" means work involving the removal of soil or rock from a site to form an open face, hole or cavity;

"exposure standard"—

            (a)         in relation to an atmospheric contaminant—see subregulation (4);

            (b)         in relation to noise—see Division 2.10 of Part 2;

"extra-low voltage" means voltage not exceeding 32V alternating current or 115V direct current;

"faller" means a person who fells or cross-cuts trees;

"fault" in relation to plant means a break or defect which may cause the plant to present a risk to health or safety, or in the case of a fault in the design of plant, "fault" means an aspect of the plant design which gives rise to, or may result in, a break or defect that may cause the plant to be a risk to health or safety if manufactured in accordance with the design specifications;

"felling" means the act of cutting, trimming, chopping or pulling down a tree, or any part of a tree;

"fired heater" means a pressure vessel in which a liquid is heated below its normal atmospheric boiling temperature, or a process fluid is heated in tubes above or below its normal atmospheric boiling temperature, by the application of fire, the products of combustion, electric power or similar high temperature means;

"flammable solution" means a liquid, mixture or solution that has a flash point of less than 61° Celsius;

"flexible extension cord" means a length of flexible cord one end of which is terminated in a plug and the other end of which is terminated in a cord extension socket;

"flexible supply cord" means a flexible cable or cord, for supply purposes, that has one end connected to a plug with pins designed to engage with a mains outlet socket, and the other end either—

            (a)         connected to terminals within the equipment; or

            (b)         fitted with an appliance connector designed to engage with an appliance inlet socket fitted to the equipment;

"forest compartment" means a continuous area of forest or plantation surrounded by haul or public roads;

"forklift truck" means a powered industrial truck equipped with a mast and an elevating load carriage to which is attached a pair of forkarms or another form of loadholding attachment, and includes a truck on which the operator is raised with an attachment for order picking, but does not include a pedestrian operated industrial truck;

"foundry work" means an operation—

            (a)         that involves the production of castings by casting metal in moulds made of sand, loam, metal, moulding composition or other material or mixture of materials, or by shell moulding, centrifugal casting or continuous casting; and

            (b)         in relation to which there occurs the preparation and mixing of materials, the preparation of moulds and cores (but not the making of patterns or dies in a separate room), knockout processes and dressing operations;

"friable asbestos-containing material" means—

            (a)         non-bonded asbestos fabric; or

            (b)         material that contains more than 1% asbestos by weight and—

                  (i)         is in the form of powder; or

                  (ii)         may be crumbled, pulverised or reduced to powder by hand pressure when dry;

"gantry crane" means a crane that has a bridge beam, supported at each end by legs mounted on end carriages, that is capable of travelling on supporting surfaces or deck levels (whether fixed or not) and that has a crab with one or more hoisting units that are arranged to travel across the bridge;

"gas cylinder" means an individual rigid pressure vessel that does not exceed 3 000 litres water capacity, does not have openings or integral attachments on the shell other than at the ends, is designed for the storage or transport of gas under pressure, and is covered by AS 2030 SAA Gas Cylinders Code ;

"gear" means a ladder, plank, rope, chain, coupling, fastening, fitting, hoist block, pulley, hanger, sling, brace or other similar movable contrivance used or intended to be used on or in connection with rigging or scaffolding work, but does not include a ladder that exceeds six metres in length;

"generic name" of a substance means a name which describes the category or group of chemicals to which the substance belongs (for example, azo dyes or halogenated aromatic amines);

"grinding" means the abrading, by means of mechanical power, of an article or a part of an article by means of a wheel, disc or band;

"guard" means a device that prevents or reduces access to a danger point or area;

"haul road" means a road or track on, or leading to or from, a logging site, other than a public road;

"hazard" means the potential to cause injury or illness;

"hazardous substance" means a substance

            (a)         that is listed on NOHSC's List of Designated Hazardous Substances ; or

            (b)         that is determined to be a hazardous substance by the manufacturer or importer of the substance on the basis of NOHSC's Approved Criteria for Classifying Hazardous Substances ;

"hoist" means an appliance by means of which loads may be raised or lowered, and includes an elevating work platform, mast climbing work platform, people or materials hoist, scaffolding hoist and serial hoist, but does not include a lift or building maintenance equipment;

"hung scaffold" means a scaffold that is hung from another structure and that is not capable of being raised or lowered when in use;

"importer" means a person who imports plant, structures, materials for structures, or substances;

"Industrial Commission" means the Industrial Relations Commission of South Australia;

"Industrial Court" means the Industrial Relations Court of South Australia;

"industrial lift truck" means powered mobile plant, designed to move goods, materials or equipment, equipped with an elevating load carriage and, normally, a load-holding attachment, but does not include a mobile crane or earthmoving machinery;

"industrial robot" means a multifunctional manipulator (and its controllers) that is capable of handling materials, parts, tools or specialised devices through variable programmed motions for the performance of a variety of tasks;

"infectious substance" means a substance that contains an organism that can cause disease;

"ingredient" means any component of a substance (including any impurity which has been mixed in with the substance);

"inspirable fibrous dust" means particles of synthetic mineral fibre in the form of inspirable dust described by AS 3640 Workplace Atmospheres—Method for Sampling and Gravimetric Determination of Inspirable Dust ;

"installer" means a person who installs plant or structures;

"interlocked" in relation to plant, means fitted with a connection between a guard or machine element and the control system or power system of the plant that allows access to the moving parts of the plant at times when those parts are not moving and prevents those parts from starting or operating when access is available to them;

"laser" means a device that can produce or amplify electromagnetic radiation in the wave length range from 100 nanometres to 1 millimetre by the process of controlled stimulated emission, but does not include an electric light globe, fluorescent light tube, electric radiator used for heating, radio or video communication equipment, domestic cooking appliance that uses a high powered lamp, or navigation or search light;

"laser product" means any product or assembly of components which constitutes, incorporates or is intended to incorporate a laser;

"lead material" or "lead compound" means metallic lead, a compound of lead, or a substance that contains more than 4% by weight of lead;

"lead process" means a process by virtue of which a person is or may be exposed to dust, mist, fumes or gases containing a lead material or compound, and includes—

            (a)         the recovery and casting of lead or a lead compound;

            (b)         the buffing of lead or a lead compound;

            (c)         the manipulation, movement or other treatment of particles of metallic lead, molten lead, or a lead compound;

"lift" means a permanent apparatus (or apparatus intended to be permanent) that is in or attached to a building or structure and by means of which persons, goods or materials may be raised or lowered within or on a car, cage or platform and the movement of which is restricted by a guide or guides, and includes an apparatus in the nature of a chairlift, escalator, moving walk or stairway lift, and any supporting structure, machinery, equipment, gear, lift-well, enclosure and entrance;

"logging site" means a forest, plantation or other place where persons carry out logging work;

"logging tractor" means a vehicle used in, or for the purposes of—

            (a)         land clearing operations; or

            (b)         harvesting operations; or

            (c)         snigging or skidding; or

            (d)         pre-hauling; or

            (e)         loading or unloading logs onto or from a vehicle; or

            (f)         constructing a haul road,

but does not include a road transport vehicle;

"logging work" means work associated with obtaining timber from a forest or plantation and includes—

            (a)         felling, cross-cutting or snigging or skidding any tree or part of a tree;

            (b)         all forms of forest processing;

            (c)         pre-hauling;

            (d)         loading or unloading logs onto or from a vehicle;

            (e)         transporting logs on a vehicle;

"lower explosive limit (LEL)" in relation to a flammable contaminant means the concentration of the contaminant in air below which the propagation of a flame does not occur on contact with an ignition source;

"lux" means the unit of illuminance;

"m" means metre;

"mm" means millimetre;

"manual handling" means an activity requiring the use of force exerted by a person to lift, lower, push, pull, carry or otherwise move, hold or restrain a person, animal or thing;

"manufacturer" means a person who manufactures plant, structures, materials for the purpose of a structure, or substances;

"mast climbing work platform" means a hoist with a working platform that is used for temporary purposes to raise people or materials to a working position by means of a drive system mounted on an extendable mast (including such a mast tied to a building);

"material" includes any substance;

"minimise" means to reduce to the lowest level that is reasonably practicable to achieve;

"mobile crane" means a crane capable of travelling over a supporting surface without the need for a fixed runway or track and relying only on gravity for stability and, accordingly, does not have a vertical restraining connection between itself and the supporting surface nor a horizontal restraining connection (other than frictional forces at the supporting surface level) to act as an aid to stability;

"MSDS" means a Material Safety Data Sheet prepared in accordance with the requirements of Part 4.1;

"NICNAS summary report" means a summary report as defined in the Industrial Chemicals (Notification and Assessment) Act 1989 of the Commonwealth;

"NOHSC" means the National Occupational Health and Safety Commission;

"noise assessment" means an assessment, by a suitably qualified or experienced person, of the noise to which employees at a workplace or a part of a workplace are exposed, for the purposes of—

            (a)         establishing whether or not the noise to which an employee is exposed exceeds, or is likely to exceed, the exposure standard; and

            (b)         providing information about the noise to which an employee may be exposed that will assist the employer to achieve the exposure standard for noise;

"non-friable asbestos-containing material" means material that contains more than 1% asbestos by weight and in which the asbestos fibres are bonded by cement, vinyl, resin or other similar material;

"occupational health service" means a service that has essentially preventative functions and is responsible for—

            (a)         advising on the requirements for establishing and maintaining a safe and healthy working environment that will facilitate optimal physical and mental health in relation to work; or

            (b)         promoting the adaptation of work to the capabilities of workers in view of their physical and mental health; or

            (c)         providing vocational rehabilitation, health surveillance, or first aid or emergency treatment;

"operator protective device" includes a rollover protective structure, falling object protective structure, operator restraining device and seatbelt;

"owner" in relation to a building or plant means a person who has right of title to, and management of, or control over, the building or plant, and includes a person who is exercising such management or control as an agent of the owner;

"personal information" includes—

            (a)         an opinion or observation formed or made in relation to the health of a person; and

            (b)         the results of an examination or test carried out on, or performed in relation to the health of, a person, and an interpretation or assessment of those results;

"plating area" means a workroom or an area in a workplace where electroplating is carried on;

"pole safety belt" has the same meaning as in AS 1891 Industrial Safety Belts and Harnesses ;

"power-driven" means driven otherwise than by human or animal power;

"prefabricated scaffolding" means an integrated system of prefabricated components for a scaffold that is manufactured so that the geometry of the scaffold, when assembled, is pre-determined;

"pre-hauling" means the movement of logs from the place where felling occurs to the place where logs are loaded onto a road transport vehicle;

"presence sensing safeguarding system" includes—

            (a)         a sensing system that employs one or more forms of radiation that are either self-generated or otherwise generated by pressure; and

            (b)         the interface between the final switching devices of such a sensing system and the machine primary control elements; and

            (c)         a machine stopping capability that brings the dangerous parts of a machine to a safe state if the presence of a person (or part of a person) is detected within the sensing field;

"pressures" means pressures expressed as gauge pressures relative to atmospheric pressure;

"pressure equipment" means—

            (a)         a boiler; or

            (b)         a pressure vessel; or

            (c)         a pressure piping,

that is specifically covered by AS 1200 Boilers and Pressure Vessels (commonly known as "SAA Boiler Code") and has a hazard level A, B, C or D according to the criteria specified in AS 3920 Part 1 Pressure Equipment Manufacture—Assurance of Product Quality ;

"pressure piping" means an assembly (other than a boiler or a pressure vessel or pipeline regulated under other legislation) consisting of pipes, pipe fittings, valves and pipe accessories which are subject to internal or external pressure and used to contain or convey fluid, or to transmit fluid pressure, and includes a distribution header, bolting, gasket, pipe support or pressure retaining accessory;

"pressure vessel" means a vessel (other than a boiler) that is subject to internal or external pressure greater than atmospheric pressure and includes an interconnected part, component, valve, gauge or other fitting up to the first point of connection to any piping, and a fired heater or gas cylinder;

"product name" of a hazardous substance means the brand name, trade name, code name or code number specified by the supplier of the substance;

"public place" means a public road, or a place to which the public ordinarily have access (even if by payment of a fee);

"raw asbestos" means asbestos as mined or subsequently processed to remove impurities, or to modify its physical properties, but does not include asbestos that has been mixed or combined with another substance, or that has been converted into a manufactured article or product;

"R.C.D." means a residual current device as defined in AS 3760 In-Service Safety Inspection and Testing of Electrical Equipment ;

"record" includes anything in which information is stored or from which information may be reproduced;

"repair" in relation to plant means to restore plant to an operating condition, but does not include routine maintenance, replacement or alteration;

"respirable fibre" means a particle of synthetic mineral fibre that has—

            (a)         a diameter less than three micrometres; and

            (b)         a length greater than five micrometres; and

            (c)         a length to width ratio greater than 3:1;

"retail warehouse operator" means a person who operates a warehouse where unopened packaged goods intended for retail sale are held;

"retailer" means a person who sells substances to other persons who themselves are not engaged in any further resale of the goods;

"risk" means the probability and consequences of occurrence of injury or illness;

"risk assessment" means the process of evaluating the probability and consequences of injury or illness arising from exposure to an identified hazard or hazards;

"risk phrase" means a phrase that describes the hazards of a substance, as provided in NOHSC's Approved Criteria for Classifying Hazardous Substances ;

"rumbling" means the freeing of adherent sand from metal castings by rotating the castings in a revolving vessel;

"safety harness" has the same meaning as in AS 1891 Industrial Safety Belts and Harnesses ;

"safety phrase" means a phrase that describes the procedures for the safe handling or storage of a substance, or the use of personal protective equipment in conjunction with a substance, as provided in NOHSC's Approved Criteria for Classifying Hazardous Substances ;

"scaffold" means a temporary structure specifically erected to support one or more access or working platforms;

"scaffolding equipment" means a component, assembly or machine used or intended to be used in the construction of a scaffold;

"self-employed person" means a person who works for gain or reward otherwise than under a contract of employment or apprenticeship, whether or not that person employs one or more other persons;

"skylight" means a part of a roof of a building that is designed to allow light into the building;

"spray painting" means a process in which—

            (a)         molten or powdered metal; or

            (b)         a form of paint, enamel, varnish, shellac or liquid containing nitrocellulose, or a mixture of these materials; or

            (c)         a flammable, injurious or toxic substance,

is applied to an object by spraying;

"spur scaffold" means a scaffold that is partially supported by inclined load bearing members;

"structure" includes part of a structure;

"supplier"—

            (a)         in relation to plant, structures or materials for structures—means a person who supplies plant or materials by way of sale, lease, exchange or hire, whether as a principal or agent, and includes an importer, wholesaler, distributor and retailer;

            (b)         in relation to a substance—means a manufacturer, importer, wholesaler or distributor of the substance, but does not include a retailer;

"suspended scaffold" means a scaffold incorporating a suspended platform that is capable of being raised or lowered when in use, and includes a boatswain's chair;

"synthetic mineral fibre" means—

            (a)         mineral wool, including rockwool and slagwool; and

            (b)         glassfibre, including superfine glassfibre, glasswool and reinforcing filament; and

            (c)         ceramic fibre;

"temporarily erected structure" means a temporary structure, other than a scaffold;

"tower" crane means a boom or jib crane mounted on a tower structure;

"tractor" means a motor vehicle, whether wheeled or track mounted, that is designed to provide power and movement to an attached machine or implement by a transmission shaft, belt or linkage system, but does not include earthmoving machinery;

"trench" means an excavation the length of which exceeds its depth or width;

"trenching" means excavation work to form a trench for the purposes of laying, maintaining, repairing or replacing conduits, pipes or cables;

"use"—

            (a)         in relation to plant—means to work from, operate, maintain, inspect or clean plant; and

            (b)         in relation to a substance—means the production, handling, storage, transportation or disposal of the substance;

"vehicle hoist" means a vehicle-hoisting device the purpose of which is to provide accessibility for an under-chassis examination or servicing of the vehicle;

"wet abrasive blasting" means abrasive blasting where water has been added to the abrasive material or its propellant;

"wet abrasive blasting inhibitors" means a substance added to water used in wet abrasive blasting to reduce the susceptibility of the cleaned surface to flash corrosion;

"work box" means a personnel carrying device, designed for attachment to a crane, to provide a working area for a person who is elevated by, and works from, the box;

"workpiece" means material, offcut or scrap (in any form) on which an item of plant is doing work, or any material, offcut or scrap (in any form) produced by an item of plant, but does not include a load being lifted or moved by the plant.

        (2)         A reference in these regulations to a document (including a code of practice) prepared or published by a body or authority will be taken as a reference to that document as in force from time to time, and if that document is revoked and remade (with or without modifications) includes a reference to the new document in force from time to time.

        (3)         If an inconsistency exists between a provision of these regulations and a document referred to in these regulations, the provision prevails over the document to the extent of the inconsistency.

        (3a)         If—

            (a)         a building conforms with the requirements of the Building Rules under the Development Act 1993 with respect to a particular matter; and

            (b)         these regulations impose different requirements in relation to the same matter,

then these regulations will not apply to the extent of the inconsistency.

        (4)         A reference in these regulations to an exposure standard for an atmospheric contaminant is a reference to the relevant exposure standard prescribed by, and measured in accordance with, the Exposure Standards for Atmospheric Contaminants in the Occupational Environment published by NOHSC.

        (5)         A reference in these regulations to the President of the Industrial Court is a reference to the principal judicial officer of that Court.

Note—

1         Section 4 of the Occupational Health, Safety and Welfare Act 1986 sets out various definitions which may be relevant to the interpretation and operation of these regulations.



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