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8 Reg. 9.2.1: S.R. No. 127/2000 as amended by S.R. No. 96/2005. - SECT 1.1.5.
Definitions
1.1.5. Definitions
In these Regulations-
A-weighted means a measure using a filter designed to reflect the response of
the human ear at low sound pressure levels; abseiling equipment means
equipment used to manually lower or raise a person in a harness or seat,
supported by one or more fibre ropes and includes the equipment used to anchor
or haul the rope or ropes while abseiling; Act compliance provision means a
provision of a kind referred to in regulation 1.1.7; ADG Code has the same
meaning as it has in the Dangerous Goods Act 1985; administrative control
means a system of work or a work procedure that is designed to eliminate or
reduce a risk, but does not include-
(a) a physical control; or
(b) the use of personal protective equipment; air-supplied respiratory
protective equipment means a device that supplies air to the wearer
from a source other than the ambient atmosphere; alter, in relation to
plant, means to change the design of, add to, or take away from the
plant in such a way that may affect health or safety, but does not
include routine maintenance, repairs or replacements; amusement
structure means powered equipment operated for hire or reward that
provides entertainment or amusement through movement of the equipment,
or part of the equipment, or when passengers travel on, around or
along the equipment; approved asbestos analyst means an analyst
approved-
(a) by NATA to perform asbestos fibre counting or to identify asbestos in
samples, and to issue findings as endorsed reports under the authority
of a NATA accredited laboratory; or
(b) by some other scheme determined by the Authority under regulation
1.1.6; Approved Criteria for Classifying Hazardous Substances means
the Approved Criteria for Classifying Hazardous Substances (Third
Edition) declared by the National Occupational Health and Safety
Commission in 2004; AS 2030-Gas Cylinders means-
(a) AS 2030.1 The verification, filling, inspection, testing and
maintenance of cylinders for storage and transport of compressed
gases, Part 1: Cylinders for compressed gases other than acetylene;
and
(b) AS 2030.2 The verification, filling, inspection, testing and
maintenance of cylinders for storage and transport of compressed
gases, Part 2: Cylinders for dissolved acetylene; and
(c) AS 2030.4 The verification, filling, inspection, testing and
maintenance of cylinders for storage and transport of compressed
gases, Part 4: Welded cylinders-Insulated; asbestos means-
(a) the fibrous form of the mineral silicates belonging to any one or a
combination of the serpentine and amphibole groups of rock-forming
minerals, including actinolite, amosite (brown asbestos),
anthophyllite, crocidolite (blue asbestos), chrysotile (white
asbestos) or tremolite; or
(b) any material or object, whether natural or manufactured, that contains
one or more of the mineral silicates referred to in paragraph (a);
asbestos exposure standard means 0·1 f/ml of air measured in a
person's breathing zone and expressed as a time weighted average fibre
concentration of asbestos calculated over an 8 hour working day and
measured over a minimum period of 4 hours in accordance with-
(a) the Membrane Filter Method; or
(b) a method determined by the Authority under regulation 1.1.6;
asbestos licence holder means an employer or self-employed person who is the
holder of an asbestos removal licence issued under Part 6.1 (Licences);
asbestos occupational health and safety management system means an
occupational health and safety management system that is-
(a) related to asbestos removal work; and
(b) accredited or approved by JAS-ANZ or determined by the Authority under
regulation 1.1.6; asbestos paraoccupational air monitoring means air
sampling to estimate the airborne asbestos fibre concentration in the
occupational environment, taken at fixed locations, usually between 1
and 2 metres above floor level, in accordance with-
(a) the Membrane Filter Method; or
(b) a method determined by the Authority under regulation 1.1.6; asbestos
register means the asbestos register kept under regulation 4.3.21 as
revised in accordance with Part 4.3 (Asbestos); asbestos removal
licence means-
(a) a Class A asbestos removal licence; or
(b) a Class B asbestos removal licence; asbestos removal supervisor means
a person who is appointed by an asbestos licence holder to oversee
asbestos removal work in accordance with regulation 4.3.62;
asbestos removal work, means the removal of asbestos that is fixed or
installed in a building, structure, ship or plant so that the asbestos is no
longer fixed or installed in that building, structure, ship or plant, up to
the point of containment; asbestos waste means asbestos removed and disposable
items used during asbestos removal work or asbestos-related activities under
Division 8 of Part 4.3 (Asbestos), including plastic sheeting and disposable
personal protective clothing and disposable protective equipment including
tools; asbestos-containing material means any manufactured material or object
that, as part of its design, contains one or more of the mineral silicates
referred to in paragraph (a) of the definition of asbestos (other than plant
in which asbestos is fixed or installed); assessment of competency means an
assessment under Division 3 of Part 3.6; atmospheric monitoring means a
procedure whereby air is sampled within the breathing zone of a person to
evaluate the person's exposure to airborne contaminants; audiological
examination means the testing and examination of a person's ear and hearing
threshold for the purpose of establishing the type and cause of any hearing
disorder; audiometric test means the measurement of a person's air conduction
hearing threshold levels by means of an electro-acoustic instrument
(audiometer), equipped with earphones, that provides pure tones of specified
discrete frequencies at known hearing levels; Australian Qualifications
Framework has the same meaning as AQF has in the
Education and Training Reform Act 2006; Australian Safety and Compensation
Council means the Australian Safety and Compensation Council as defined in
section 3 of the Australian Workplace Safety Standards Act 2005 of the
Commonwealth; Note The Australian Safety and Compensation Council succeeded
the National Occupational Health and Safety Commission in February 2005.
biological monitoring means the measurement and evaluation of a substance, or
its metabolites, in the body tissue, fluids or exhaled air of a person exposed
to that substance; blood lead level means the concentration of lead in the
whole blood expressed in micromoles per litre (µmol/L); boiler means a boiler
as defined in AS/NZS 1200 Pressure equipment with a hazard level A, B, C or D
as determined by AS 4343 Pressure equipment-Hazard levels; boom-type elevating
work platform means a telescoping device, hinged device, or articulated device
or combination of those devices used to support, elevate and position
personnel, equipment or materials by means of a platform, but does not include
an industrial lift truck; breathing zone means a hemisphere of 300 millimetres
radius extending in front of a person's face measured from the mid-point of an
imaginary straight line joining the ears;
bridge crane means a crane that-
(a) consists of a bridge beam or beams, that are mounted to end carriages
at each end; and
(b) is capable of travelling along elevated runways; and
(c) has one or more hoisting mechanisms; building maintenance equipment
means a suspended platform, including a building maintenance unit or a
swing stage, that incorporates permanently installed overhead supports
to provide access to the faces of a building for maintenance, but does
not include a suspended scaffold; building maintenance unit means a
power operated appliance with a suspended platform, permanently
installed or intended to be permanently installed on a building and
specifically designed to provide access to the faces of the building
for a person working from the platform; C-weighted means a measure
using a filter designed to reflect the response of the human ear at
high sound pressure levels; carcinogens licence means-
(a) a licence to use a Schedule 1 carcinogenic substance at a laboratory;
or
(b) a licence to use a Schedule 2 carcinogenic substance at a laboratory;
or
(c) a licence to use a Schedule 2 carcinogenic substance at a workplace
other than a laboratory; chemical name, in relation to a substance,
means its scientific or technical name; chrysotile-containing material
means asbestos-containing material that contains chrysotile asbestos;
Class A asbestos removal licence means a licence that permits the
holder to remove asbestos of any kind as specified in the licence;
Class B asbestos removal licence means a licence that allows the
holder to remove non-friable asbestos-containing material as specified
in the licence; competency standard means-
(a) in respect of winder operations, a competency standard for winder
operations determined by the Authority under regulation 1.1.6;
(b) in any other case, a competency standard that is endorsed for the
purposes of the National Standard for Licensing Persons Performing
High Risk Work published by the Australian Safety and Compensation
Council in April 2006; concrete placing unit (truck-mounted with boom)
means plant used to place concrete by way of pumping concrete through
a pipeline attached to or forming part of a boom and capable of
travelling over a supporting surface without the need for fixed
runways; confined space means a space in any vat, tank, pit, pipe,
duct, flue, oven, chimney, silo, reaction vessel, container,
receptacle, underground sewer or well, or any shaft, trench or tunnel
or other similar enclosed or partially enclosed structure, if the
space-
(a) is, or is intended to be, or is likely to be, entered by any person;
and
(b) has a limited or restricted means for entry or exit that makes it
physically difficult for a person to enter or exit the space; and
(c) is, or is intended to be, at normal atmospheric pressure while any
person is in the space; and
(d) contains, or is intended to contain, or is likely to contain-
(i) an atmosphere that has a harmful level of any contaminant; or
(ii) an atmosphere that does not have a safe oxygen level; or
(iii) any stored substance, except liquids, that could cause engulfment-
but does not include a shaft, trench or tunnel that is a mine or is
part of the workings of a mine; confined space entry permit means a
confined space entry permit issued by an employer in accordance with
regulation 3.4.14; construction excavation, in Part 5.1
(Construction), means¯
(a) a trench if the excavated depth is more than 1×5 metres;
(b) a shaft if the excavated depth is more than 2 metres;
(c) a tunnel;
Construction Industry Basic Induction training course means the Construction
Industry Basic Induction training course conducted under the auspices of the
tripartite industry forum, Foundations for Safety Construction Industry
Training Agreement commencing 1 February 2001; construction induction training
means a unit of competency of general occupational health and safety induction
training to the construction industry endorsed or accredited under the
Australian Qualifications Framework; construction project means a project
involving construction work and includes preparation and planning of the
proposed construction work; construction RTO means an RTO whose registration
allows delivery of-
(a) construction induction training; or
(b) the Construction Industry Basic Induction training course;
construction statement of attainment means a certification issued by a
construction RTO stating that the person to whom it is issued has
completed-
(a) construction induction training; or
(b) the Construction Industry Basic Induction training course- but does
not include a certification issued by a construction RTO, or an RTO in
a class of construction RTOs, determined by the Authority under
regulation 1.1.6, if the certification is issued after the
determination takes effect; construction work has the meaning given by
regulation 5.1.2; consumer package means a package that is intended
for retail display and sale; container, in Part 4.1 (Hazardous
Substances), means anything in or by which a hazardous substance is or
has been wholly or partly encased, covered, enclosed, contained or
packed (whether empty, partially full or full) but does not include-
(a) the fuel tank of a vehicle; or
(b) a tank or bulk container within the meaning of the ADG Code;
contaminant means any substance that may be harmful to health or
safety; conveyor means equipment by which loads are raised, lowered or
transported or capable of being raised, lowered, transported, or
continuously driven, by-
(a) an endless belt, rope or chain or other similar means; or
(b) buckets, trays or other containers or fittings moved by an endless
belt, rope, chain or similar means; or
(c) a rotating screw; or
(d) a vibration or walking beam; or
(e) a powered roller conveyor if the rollers are driven by an endless
belt, rope or chain or other similar means- and includes the super
structure, gear and auxiliary equipment used in connection with that
equipment; Country Fire Authority has the same meaning as Authority
has in the Country Fire Authority Act 1958; crane means an appliance
intended for raising or lowering a load and moving it horizontally and
includes the supporting structure of the crane and its foundations,
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;
current MSDS, in relation to a hazardous substance, means the Material
Safety Data Sheet prepared for that substance by the manufacturer or
importing supplier of the substance under regulation 4.1.5(1) or
equivalent legislation, and if the Material Safety Data Sheet has been
revised by the manufacturer or importing supplier of the substance,
the Material Safety Data Sheet as revised; dangerous goods means
dangerous goods within the meaning of the Dangerous Goods Act 1985;
decommissioning, in relation to plant, includes performing necessary
adjustments, tests and inspections before the plant ceases operation
and during the process of ceasing operation; demolition, in Part 5.1
(Construction), means the complete or partial dismantling of a
structure by planned and controlled methods or procedures; domestic
premises means domestic premises used solely for domestic purposes;
earthmoving machinery means plant used to excavate, load, transport,
compact or spread earth, overburden, rubble, spoil, aggregate or
similar material, but does not include a tractor or industrial lift
truck or a vehicle designed to be used primarily as a means of
transport on public roads; emergency procedures, in Part 3.4 (Confined
Spaces), means the procedures established by an employer under
regulation 3.4.20; emergency service means-
(a) the Country Fire Authority; or
(b) the Metropolitan Fire and Emergency Services Board; or
(c) the Metropolitan Ambulance Service; or
(d) Rural Ambulance Victoria; or
(e) the Victoria State Emergency Service Authority; or
(f) Victoria Police; emergency service employee means-
(a) an officer or member of a metropolitan fire brigade; or
(b) an officer or member of an urban fire brigade or rural fire brigade
within the meaning of the Country Fire Authority Act 1958; or
(c) an employee of the Metropolitan Ambulance Service; or
(d) an employee of Rural Ambulance Victoria; or
(e) a member of the Victoria State Emergency Service; or
(f) an officer or other member of Victoria Police-
but does not include a volunteer; Note Section 23 of the Act requires the
employer to ensure, so far as is reasonably practicable, that persons, other
than employees of the employer, are not exposed to risks to their health or
safety. This includes volunteers. emergency work, in Part 5.1 (Construction),
means work that is required to be immediately undertaken to rectify an
unexpected breakdown of an essential service (including gas, water, sewerage,
electricity and telecommunications) to enable continuance of that service;
employer's asbestos register means the employer's asbestos register kept under
regulation 4.3.29 as revised in accordance with Part 4.3 (Asbestos);
engineering control means a physical control of any kind that is designed to
eliminate or reduce a risk, but does not include-
(a) a system of work or procedure; or
(b) the use of personal protective equipment; equivalent legislation means
legislation of another State or Territory or the Commonwealth relating
to the use of hazardous substances at a workplace; evidence of licence
document, in relation to a licence, means the document given to the
licence holder by the Authority under regulation 6.1.7, and includes
any replacement document issued under Part 6.1 (Licences);
explosive-powered tool means an implement used to drive fasteners
(including nails, bolts and screws) against, into or through material
by means of explosive charges, and includes every attachment to and
accessory of that implement but does not include a firearm within the
meaning of the Firearms Act 1996; exposure standard means an airborne
concentration of a particular substance in a person's breathing zone,
as set out in the HSIS; facility means any building or other structure
on land-
(a) that is a workplace; and
(b) at which Schedule 9 materials are present or likely to be present for
any purpose; fall, in Part 3.3 (Prevention of Falls), means a person's
involuntary fall of more than 2 metres; fall arrest system means
equipment or material or a combination of equipment and material that
is designed to arrest the fall of a person; Example Industrial safety
net, catch platform or safety harness system (other than a travel
restraint system). fatigue, in relation to an employee at a mine,
means an acute or ongoing state of tiredness that exposes the employee
or any other person at the mine to a risk to health or safety; friable
means, when dry-
(a) may be crumbled, pulverised or reduced to powder by hand pressure; or
(b) as a result of a work process becomes such that it may be crumbled,
pulverised or reduced to powder by hand pressure; f/ml means fibres
per millilitre; gantry crane means a crane that-
(a) consists of a bridge beam or beams that are supported at one or both
ends by legs mounted to end carriages; and
(b) is capable of travelling along runways; and
(c) has one or more hoisting mechanisms; gas cylinder means a rigid vessel
not exceeding 3000 litres water capacity and without openings or
integral attachments on the shell other than at the ends, designed for
the storage and transport of gas under pressure and to which AS
2030-Gas Cylinders applies; Note See the definition of AS 2030-Gas
Cylinders which encompasses AS 2030.1, AS 2030.2 and AS 2030.4.
generic name, in relation to a substance, means a name that describes
the category or group of chemicals to which the substance belongs;
glove bag means a single-use bag constructed from transparent, heavy
duty polyethylene with built-in arms and access ports; hazardous
manual handling means-
(a) manual handling having any of the following characteristics-
(i) repetitive or sustained application of force;
(ii) repetitive or sustained awkward posture;
(iii) repetitive or sustained movement;
(iv) application of high force being an activity involving a single or
repetitive use of force that it would be reasonable to expect that a
person in the workforce may have difficulty undertaking; Example The
force required to lift or otherwise handle heavy weights, to push or
pull objects that are hard to move, to operate tools that require the
use of 2 hands to exert sufficient force but that are designed for one
hand or to operate tools that require squeezing of grips that are wide
apart.
(v) exposure to sustained vibration;
(b) manual handling of live persons or animals;
(c) manual handling of unstable or unbalanced loads or loads that are
difficult to grasp or hold; hazardous substance means a substance
that-
(a) is listed on the HSIS and the concentration of the substance or its
ingredients equals or exceeds the concentration cut-off levels listed
on the HSIS that relate to health effects; or
(b) meets the criteria for a hazardous substance set out in the Approved
Criteria for Classifying Hazardous Substances; Hazchem Code has the
same meaning as in the ADG Code; health surveillance means health
monitoring, which may include audiometric testing, medical
examinations (including audiological examinations) and biological
monitoring; hearing protector means a device that is designed for the
purpose of protecting a person's hearing and that-
(a) is inserted into the ear canal; or
(b) covers the ear canal entrance; or
(c) covers the entire ear; HEPA filter means a high efficiency particulate
air filter that is a disposable, extended media, dry type filter, in a
rigid frame, with a minimum filtration efficiency of 99·97% filtration
for nominal 0·3 micrometres (µm) diameter thermally generated
dioctylphthalata particles or an equivalent efficiency for a specified
alternative aerosol and with an initial maximum resistance to airflow
of 250 pascals when tested at its rated airflow capacity; high risk
construction work has the meaning given by regulation 5.1.3; high risk
work means any work set out in Schedule 3 as being within the scope of
a high risk work licence; high risk work licence means any of the
licences listed in Schedule 3; hire, in Part 3.5 (Plant), does not
include hire under a hire-purchase agreement or hire-purchase
contract;
hoist means an appliance intended for raising or lowering a load or people,
and includes a mast climbing work platform, personnel and materials hoist,
scaffolding hoist and serial hoist but does not include a lift or building
maintenance equipment; HSIS means the Hazardous Substances Information System
published by the Australian Safety and Compensation Council on its Internet
site; importing supplier, in relation to a substance, means a person who first
supplies or intends to first supply the substance in Victoria for use at a
workplace but does not include-
(a) a person who manufactures the substance in Victoria; or
(b) a wholesaler or retailer who has been supplied with that substance by
another supplier in Victoria; or
(c) a retail warehouse operator; independent person, in Part 4.3
(Asbestos), means a person who is independent from the asbestos
licence holder and from the person who commissioned the work;
industrial lift truck means a powered appliance comprising a mast with
an elevating carriage to which a pair of fork arms or other load
holding attachment is attached and includes-
(a) a truck on which the operator is raised with the attachment for
order-picking; and
(b) a truck where the frame and lift unit straddle, raise, lower, move or
stack the load- but does not include a crane or earthmoving machinery;
industrial robot means plant that is a multifunctional manipulator and
its controllers, capable of handling materials, parts or tools, or
specialised devices, through variable programmed motions for the
performance of a variety of tasks; industrial rope access system means
a system designed for the purpose of performing work on a building or
structure by a person and consists of-
(a) equipment that enables a person to manually raise or lower himself or
herself in a harness or seat supported by one or more fibre ropes; and
(b) equipment used to anchor the ropes; ingredient means any component of
a substance (including impurities); JAS-ANZ means the Joint
Accreditation System of Australia and New Zealand; laboratory means a
building, room or designated area where a scheduled carcinogenic
substance is used for-
(a) scientific analysis or investigation; or
(b) research; or
(c) practical teaching;
laser means plant that produces a beam of electromagnetic radiation in the
wavelength range from 100 nanometres to 1 millimetre and that is used for
cutting, alignment, scanning or measurement, but does not include plant that
produces light beams at these wavelengths for the primary purpose of
illumination; lead means lead metal, lead alloys or inorganic lead compounds
(including lead salts of organic acids); lead exposure standard means the
maximum airborne concentration of lead dust, lead mist or lead fumes referred
to in regulation 4.4.10(1); lead process has the meaning given by regulation
4.4.2; lead-risk job has the meaning given by regulation 4.4.17; licence
means-
(a) a high risk work licence; or
(b) an asbestos removal licence; or
(c) a carcinogens licence; or
(d) a major hazard facility licence; licence assessor means a person-
(a) who is authorised under regulation 8.2.6 to carry out one or more
types of assessment of competency; or
(b) who is authorised by the Authority under regulation 3.6.11 to carry
out assessments of competency in respect of one or more classes of
high risk work; licence holder, in relation to a major hazard facility
licence, means-
(a) the person who was granted the licence, unless that person has
transferred the licence; or
(b) if the licence has been transferred, the last person to whom the
licence was transferred; lift means permanent plant or plant intended
to be permanently installed in or attached to a building or structure
in which people, goods or materials may be raised or lowered within a
car or cage, or on a platform and the movement of which is restricted
by a guide or guides and includes an escalator, moving walk and
stairway lift; local community, in relation to a major hazard
facility, means-
(a) persons who reside in; and
(b) persons who have the management or control of workplaces, or of places
where persons gather for recreational, cultural or sporting purposes,
located in- the area surrounding the major hazard facility, as
indicated on the map forming part of the emergency plan for the major
hazard facility prepared in accordance with clause 1.2 of Schedule 11;
major hazard facility means-
(a) a facility where Schedule 9 materials are present or likely to be
present in a quantity exceeding their threshold quantity; or
(b) a facility determined by the Authority to be a major hazard facility
under regulation 5.2.29; major hazard facility licence means a licence
to operate a major hazard facility; major incident means an
uncontrolled incident, including an emission, loss of containment,
escape, fire, explosion or release of energy, that-
(a) involves Schedule 9 materials; and
(b) poses a serious and immediate risk to health and safety; major
incident hazard means any activity, procedure, plant, process,
substance, situation or any other circumstance that could cause, or
contribute to causing, a major incident; major mining hazard means a
mining hazard that has the potential to cause an incident that would
cause, or pose a significant risk of causing, more than one death;
manual handling means any activity requiring the use of force exerted
by a person to lift, lower, push, pull, carry or otherwise move, hold
or restrain any object; mast climbing work platform means plant with a
working platform used to support and elevate personnel, equipment and
materials by means of a drive system that moves along an extendable
mast but does not include a lift or building maintenance equipment;
Membrane Filter Method means the method for estimating airborne asbestos
fibres in accordance with the "Guidance Note on the Membrane Filter Method for
Estimating Airborne Asbestos Fibres" prepared by the National Health and
Safety Commission and published in 2005; Metropolitan Ambulance Service has
the same meaning as in the Ambulance Services Act 1986; Metropolitan Fire and
Emergency Services Board has the same meaning as Board has in the
Metropolitan Fire Brigades Act 1958; mine has the meaning given by regulation
5.3.1; mine modification, in Part 5.3 (Mines), in relation to a mine, means a
change to any workings, processes or plant, including the introduction of new
workings, processes or plant, that has the effect of-
(a) creating a mining hazard that has not previously been identified; or
(b) increasing the risk associated with a mining hazard; mining hazard has
the meaning given by regulation 5.3.2; mobile crane means a crane
capable of travelling over a supporting surface without the need for
fixed runways; modification, in Part 5.2 (Major Hazard Facilities), in
relation to a major hazard facility, includes-
(a) a change to any plant, processes or substances used in processes,
including the introduction of new plant, processes or substances;
(b) a change to the quantity of Schedule 9 materials present or likely to
be present, including the introduction of any new Schedule 9
materials;
(c) a change in the safety role of employees;
(d) a change to the Safety Management System- that has the effect of-
(e) creating a major incident hazard that has not previously been
identified; or
(f) increasing the likelihood of a major incident occurring; or
(g) in relation to any major incident that might occur, increasing-
(i) its magnitude; or
(ii) the severity of its consequences to persons both on-site and off-site;
MSDS, in relation to a hazardous substance, means a Material Safety
Data Sheet required to be prepared for that substance under regulation
4.1.5 or prepared for that substance by the manufacturer or the
importing supplier in accordance with equivalent legislation;
musculoskeletal disorder means an injury, illness or disease that
arises in whole or in part from manual handling in the workplace,
whether occurring suddenly or over a prolonged period of time, but
does not include an injury, illness or disease that is caused by
crushing, entrapment or cut resulting primarily from the mechanical
operation of plant; NATA means the National Association of Testing
Authorities (Australia); National Model Regulations for the Control of
Scheduled Carcinogenic Substances means the National Model Regulations
for the Control of Scheduled Carcinogenic Substances published by the
National Occupational Health and Safety Commission in 1995; National
Model Regulations for the Control of Workplace Hazardous Substances
means the National Model Regulations for the Control of Workplace
Hazardous Substances published by the National Occupational Health and
Safety Commission in 1994; negative air enclosure means an enclosed
asbestos removal area that is maintained under negative air pressure
to approximately 12 pascals; noise exposure standard means-
(a) the 8 hour equivalent continuous sound pressure level of 85dB(A)
measured in A-weighted decibels referenced to 20 micropascals at an
employee's ear position; or
(b) the C-weighted peak hold sound pressure level reading of 140dB(C)
measured in decibels referenced to 20 micropascals at an employee's
ear position; object, in Part 3.1 (Manual Handling) and the definition
of manual handling, includes an inanimate or animate object, plant and
any substance or material contained by an object;
occupational health and safety auditor means a person who has the knowledge,
experience and skills required for an occupational health and safety auditor
under JAS-ANZ Procedure No. 02 Issue No. 2 dated 14 December 2001 General
Requirements for Bodies Operating Assessment and Certification of Occupational
Health and Safety Management Systems; operator means-
(a) in Part 5.2 (Major Hazard Facilities), in relation to a facility, the
employer who has management or control of the facility; and
(b) in Part 5.3 (Mines), in relation to a mine (including a prescribed
mine), the employer who has management or control of the mine;
operator protective device includes roll-over protective structure,
falling object protective structure, operator restraining device and
seat belt; passive fall prevention device means material or equipment,
or a combination of material and equipment, that is designed for the
purpose of preventing a fall, and that, after initial installation,
does not require any ongoing adjustment, alteration or operation by
any person to ensure the integrity of the device to perform its
function; Example Temporary work platform, roof safety mesh or guard
railing. perform, in relation to work, includes carry out;
person who commissioned the work means the person managing or controlling a
workplace or the employer who arranged for asbestos removal work to be
performed; personal protective equipment includes respiratory protective
equipment and personal protective clothing; powered mobile plant means plant
that is provided with some form of self propulsion that is ordinarily under
the direct control of an operator; presence-sensing safeguarding system
includes-
(a) a sensing system that-
(i) is an electro-sensitive or pressure sensitive system that employs
optoelectronic or pressure sensitive devices to perform a sensing and
control function; or
(ii) uses other technologies to perform a sensing and a control function;
and
(b) the interface between the final switching devices of the sensing
system and the machine primary control elements; and
(c) the machine stopping capabilities, by which the presence of a person
or part of a person within the sensing field will cause the dangerous
parts of a machine to be brought to a safe state; prescribed mine has
the meaning given by regulation 5.3.3; pressure equipment means
boilers, pressure vessels and pressure piping; pressure piping means
pressure piping as defined in AS/NZS 1200 Pressure equipment, with a
hazard level A, B, C or D as determined by AS 4343 Pressure
equipment-Hazard levels, but does not include pressure piping that is
regulated under-
(a) the Gas Safety Act 1997; or
(b) the Petroleum Act 1998; or
(c) the Petroleum (Submerged Lands) Act 1982; or
(d) the Water Industry Act 1994; or
(e) the Pipelines Act 2005; or
(f) any other Act (other than the Occupational Health and Safety Act 2004)
that imposes statutory controls over pressure piping comparable to
those listed in paragraphs (a) to (e); pressure vessel means-
(a) a pressure vessel as defined in AS/NZS 1200 Pressure equipment, with a
hazard level A, B, C or D as determined by AS 4343 Pressure
equipment-Hazard levels; or
(b) a fired heater;or
(c) a gas cylinder- but does not include a boiler or pressure piping;
principal contractor has the meaning given by regulation 5.1.14;
process review has the meaning given by regulation 6.3.2;
product name, in relation to a hazardous substance, means the brand name or
trade name given to the substance by the manufacturer or supplier of the
substance; Note A supplier includes an importing supplier. published technical
standard means a document that gives technical information, guidance or advice
on plant, that is published by-
(a) a corresponding Authority; or
(b) Standards Australia; or
(c) the British Standards Institute; or
(d) the International Organisation for Standardisation (ISO)- or another
organisation with substantially equivalent objectives in relation to
the publication of technical information, guidance or advice on plant
as any of those organisations; recognised evidence of construction
induction training means evidence of general occupational health and
safety training to the construction industry completed outside
Victoria and recognised by the corresponding Authority where the
training was completed but does not include evidence of a class
determined by the Authority under regulation 1.1.6 if the training is
completed after the determination takes effect; registered major
hazard facility means a major hazard facility registered under
Part 6.2 (Registration);
registered medical practitioner means a registered medical practitioner within
the meaning of the Health Professions Registration Act 2005; relevant
employee, in Part 3.4 (Confined Spaces), means-
(a) any employee required to enter a confined space; or
(b) any employee who has any function in relation to work in a confined
space or the emergency procedures established under regulation 3.4.20,
but who is not required to enter the space; or
(c) any person supervising any employee referred to in paragraph (a) or
(b); relevant occupational health and safety legislation means-
(a) the Act or any regulations made under the Act;
(b) the Occupational Health and Safety Act 1985 or any regulations made
under that Act;
(c) the Dangerous Goods Act 1985 or any regulations made under that Act;
(d) the Equipment (Public Safety) Act 1994 or any regulations made under
that Act;
(e) any equivalent Act of another Australian jurisdiction or any
regulations made under such an Act; retail warehouse operator means a
person who operates a warehouse where packaged goods intended for
retail sale are held on the premises; retailer, in relation to a
substance, means a person who supplies that substance to another
person otherwise than for re-supply; reviewable decision has the
meaning given by regulation 6.3.1; risk phrase, in relation to a
hazardous substance, means a phrase that describes the hazards of a
substance-
(a) as listed for the substance on the HSIS; or
(b) as provided in Appendix III of the Approved Criteria for Classifying
Hazardous Substances; roll-over protection means a structure to
protect the operator of a tractor against injury as a result of the
tractor rolling over in any direction; RTO means a training
organisation registered on the State Register and National Register
under Chapter 4 of the Education and Training Reform Act 2006; Rural
Ambulance Victoria means the ambulance service created as Rural
Ambulance Victoria by Order in Council under section 23 of the
Ambulance Services Act 1986, dated 2 February 1999 and published in
the Government Gazette on 4 February 1999, pages 212 and 213; safe
oxygen level means an oxygen content in air under normal atmospheric
pressure that-
(a) is equal to or greater than 19×5% by volume (equivalent to a partial
pressure of oxygen of 19×8 kilopascals); but
(b) is equal to or less than 23×5% by volume (equivalent to a partial
pressure of oxygen of 23×9 kilopascals); safe work method statement
has the meaning given by regulation 5.1.5; Safety Assessment means-
(a) in Part 5.2 (Major Hazard Facilities), a Safety Assessment conducted
under regulation 5.2.7; or
(b) in Part 5.3 (Mines), a Safety Assessment conducted under regulation
5.3.23; Safety Case means a Safety Case prepared or revised under
Division 4 of Part 5.2 (Major Hazard Facilities); Safety Management
System means-
(a) in Part 5.2 (Major Hazard Facilities), a Safety Management System
established under regulation 5.2.5; or
(b) in Part 5.3 (Mines), a Safety Management System established under
regulation 5.3.21; safety phrase, in relation to a hazardous
substance, means a phrase that describes the precautions to be taken
for the safe use of the substance-
(a) as listed for the substance on the HSIS; or
(b) as provided in Appendix III of the Approved Criteria for Classifying
Hazardous Substances;
scaffold, in Part 3.5 (Plant) and the definition of suspended scaffold, means
a temporary structure specifically erected to support access or working
platforms; Schedule 1 carcinogenic substance means a substance (or any of its
salts) listed in Schedule 1 to the National Model Regulations for the Control
of Scheduled Carcinogenic Substances used-
(a) as a pure substance; or
(b) in a mixture containing 0×1% or more of that substance, determined as
a weight/weight (w/w) concentration for solids or liquids and a
volume/volume (v/v) concentration for gases- but does not include
amosite or crocidolite as listed in that Schedule; Schedule 2
carcinogenic substance means-
(a) benzene as listed in Schedule 2 to the National Model Regulations for
the Control of Scheduled Carcinogenic Substances; and
(b) any other substance (or any of its salts) listed in that Schedule
used-
(i) as a pure substance; or
(ii) in a mixture containing 0×1% or more of that substance, determined as
a weight/weight (w/w) concentration for solids or liquids and a
volume/volume (v/v) concentration for gases- but does not include
chrysotile or cyclophosphamide as listed in that Schedule; Schedule 9
material means a material mentioned in Table 1 of Schedule 9 or a
material that belongs to one or more of the types, classes and
categories mentioned in Table 2 of Schedule 9; scheduled carcinogenic
substance means a Schedule 1 carcinogenic substance or a Schedule 2
carcinogenic substance; self-erecting tower crane means a tower crane
where-
(a) the tower structure and boom or jib elements are not disassembled into
component sections; and
(b) the crane can be transported between sites as a complete unit; and
(c) erection and dismantling processes are an inherent part of the crane's
function; shaft means-
(a) in Part 5.1 (Construction), a vertical or inclined way or opening from
the surface downwards or from any underground working and the
dimensions of which (excluding the perimeter) are less than its depth;
(b) in Part 5.3 (Mines), any opening extending downwards from the surface
or from a location underground that-
(i) has an inclination to the horizontal of more than 15 degrees; and
(ii) is used for the purposes of raising or lowering persons or materials
or for the intake or outlet of ventilation; shaft conveyance means a
cage, skip, kibble or other contrivance in or on which people ride up
or down a shaft, but does not include any attachments to that cage,
skip, kibble or other contrivance;
signal words means words such as "dangerous poison", "poison", "warning",
"danger" or "caution" that are clearly and prominently displayed on labels of
substances to indicate the relative severity of the hazard; sound power level
means the total sound energy radiated per unit time, measured as decibels
referenced to 1 picowatt using octave bands or an A-weighting; sound pressure
level expressed in decibels, means the pressure fluctuations in air calculated
as 20 times the logarithm to the base 10 of the ratio of the root mean square
sound pressure (in pascals) to the reference sound pressure of 20
micropascals; statement of attainment means a certification issued by an RTO
stating that the person to whom it is issued has achieved-
(a) part of a qualification; or
(b) one or more units of competency- that meets or meet a competency
standard, but does not include a certification issued by an RTO, or an
RTO in a class of RTOs, determined by the Authority under regulation
1.1.6 if the certification is issued after the determination takes
effect; structure, in Part 4.3 (Asbestos), means any construction,
including a bridge, tunnel, shaft, dam, pipe or access pit, or any
part of a construction but does not include a building, ship or plant;
suspended scaffold means a scaffold incorporating a suspended platform
that is capable of being raised or lowered when in use; task, in
Part 3.3 (Prevention of Falls), includes moving to and from a task;
temporary access equipment means-
(a) abseiling equipment; or
(b) a work box; or
(c) an industrial safety net; or
(d) equipment incorporating a harness that is used or intended to be used
to arrest the fall of a person wearing the harness; temporary work
platform means-
(a) a fixed, mobile or suspended scaffold; or
(b) an elevating work platform; or
(c) a mast climbing work platform; or
(d) a work box supported and suspended by a crane, hoist, forklift truck
or other form of mechanical plant; or
(e) building maintenance equipment, including a building maintenance unit;
or
(f) a portable or mobile fabricated platform; or
(g) any other temporary platform that provides a working area for the
duration of work performed at height and that is designed to prevent a
fall; the Act means the Occupational Health and Safety Act 2004;
theatrical performance means acting, singing, playing a musical
instrument, dancing, or otherwise performing literary or artistic
works or expressions of folklore; threshold quantity, in relation to
Schedule 9 materials, means the threshold quantity for those materials
determined in accordance with Schedule 9; tower crane means a boom or
jib crane mounted on a tower structure; tractor means a powered
vehicle primarily designed to haul and provide power for agricultural
or horticultural machinery or implements by way of a power-takeoff
rotating shaft or other mechanical means, but does not include
earthmoving machinery or a passenger vehicle; travel restraint system
means equipment that is worn by or attached to a person and is
designed for the purpose of physically restraining a person from
reaching an edge or elevated surface from which he or she may fall;
Example A system in which a harness or belt is attached to one or more
lanyards, each attached in turn to a static line or anchorage point.
trench, in Part 5.1 (Construction), means a horizontal or inclined way
or opening commencing at and extending below the surface of the ground
and open to the surface along its length, the length of which is
greater than its width and greater than or equal to its depth, and is
used or to be used for the laying, removal or repair of a pipe or
cable; tunnel, in Part 5.1 (Construction), means an underground
passage or opening in an approximate horizontal plane and which begins
at the surface or from an excavation of any sort; turbine means a
rotary motor or engine driven by a flow of water, steam or gas
primarily intended for the production of electricity; Type I
ingredient, in relation to a hazardous substance, means a Type I
ingredient within the meaning of Schedule 1 to the National Model
Regulations for the Control of Workplace Hazardous Substances; Type II
ingredient, in relation to a hazardous substance, means a Type II
ingredient within the meaning of Schedule 1 to the National Model
Regulations for the Control of Workplace Hazardous Substances; Type
III ingredient, in relation to a hazardous substance, means a Type III
ingredient within the meaning of Schedule 1 to the National Model
Regulations for the Control of Workplace Hazardous Substances; type of
asbestos-containing material means a description of
asbestos-containing material; Example Asbestos-containing cement
sheeting, cement pipes, vinyl tiles, sprayed insulation,
telecommunications pits and pipes, pipe lagging, millboard and
gaskets. unprotected edge means the edge of a surface from which there
is a horizontal gap, void or space of more than 300 millimetres and
which is not provided with a barrier to prevent a fall;
Victoria Police has the same meaning as the force has in the
Police Regulation Act 1958; Victoria State Emergency Service means the Service
continued by the Victoria State Emergency Service Act 2005; Victoria State
Emergency Service Authority means the Authority established under the
Victoria State Emergency Service Act 2005; wholesaler, in relation to a
substance, means a person who supplies that substance for the purpose of
re-supply; winder means an electrical or compressed air or hydraulic or other
power driven unit, single or multi drum, which by use of ropes, sheave wheels
and a shaft conveyance, is used to raise or lower people or materials from
level to level and includes a friction winder; work box means a personnel
carrying device, designed to be suspended from a crane, to provide a working
area for a person elevated by and working from the device; work in a confined
space means work in a confined space by an employee and includes entry to and
exit from a confined space by an employee; workpiece means material, off-cut
or scrap (in any form) on which an item of plant is doing work, or material,
off-cut or scrap (in any form) produced by an item of plant but does not
include a load being lifted or moved by the plant;
work positioning system means-
(a) an industrial rope access system; or
(b) a travel restraint system; or
(c) any other equipment, other than a temporary work platform, that
enables a person to be positioned and safely supported at a work
location for the duration of the task being undertaken at height.
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