OCCUPATIONAL SAFETY AND HEALTH REGULATIONS 1996

Western Australian Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Download] [Help]

OCCUPATIONAL SAFETY AND HEALTH REGULATIONS 1996

TABLE OF PROVISIONS

PART 1 -- Preliminary and interpretation

Division 1 -- Preliminary and definitions

1.1. Citation
1.2. Commencement
1.3. Terms used in these regulations

Division 2 -- Interpretation

1.4. Responsibility of employers
1.5. Responsibility of self-employed persons
1.6. Responsibility of main contractors
1.7. Responsibility of persons having control of a workplace
1.8. Responsibility of persons having control of access to a workplace
1.9. References to employees
1.10. References to workplaces
1.11. References to “NOHSC”
1.12. Application of Standards etc.
1.13. Technical terms
1.14. AS or AS/NZS reference in Schedule 1
1.15. Penalty for breaches by employees and others
1.16. Penalty for breaches by employers and others

PART 2 -- General

Division 1 -- Matters prescribed for purposes of the Act

2.1. Prescribed laws for the purposes of section 14(1)(b) of the Act
2.2. Introductory and transitional courses for, and entitlements under section 35(3) of, safety and health representatives
2.3. Subsequent courses for, and entitlements under section 35(3) of, safety and health representatives
2.4. Notification under section 23I of certain injuries
2.5. Notification under section 23I of certain diseases
2.6. Default procedure for resolution of issues
2.8. References of improvement notice or prohibition notice for review and further review
2.8A. Persons who are trainees for the purposes of the Act
2.8B. Training courses for “qualified representative” under section 51AB

Division 2 -- Administrative provisions

2.9. Marking of plant
2.10. Local government to notify Commissioner of construction work permits
2.11. Medical examinations
2.12. Exemption where substantial compliance
2.13. Exemption where compliance unnecessary or impracticable
2.14. Exemption from fees

Division 3 -- Review of decisions under these regulations

2.15. Review of decisions by persons other than Commissioner
2.16. Review of Commissioner’s decisions

PART 3 -- Workplace safety requirements

Division 1 -- General duties applying to workplaces

3.1. Identification of hazards, and assessing and addressing risks, at workplaces
3.2. Persons at workplaces to have access to Act etc.
3.3. Communication with isolated employees
3.4. Manual handling
3.5. Reports of hazards etc. to be investigated
3.6. Movement around workplaces
3.7. Access to and egress from workplaces
3.8. Emergency egress from workplaces
3.9. Fire precautions
3.10. Evacuation procedures
3.11. Warning signs
3.12. First aid
3.13. Lighting
3.14. Work space generally
3.15. Air temperature
3.16. Water
3.17. Cleanliness and removal of debris
3.18. Surfaces and floors
3.19. Seating
3.20. Workplace facilities
3.21. Drawings showing location of certain services
3.22. Management of vehicles and moving plant at workplaces
3.23. Protection of persons and property in vicinity of cranes
3.24. Lowering gear
3.25. Safety in relation to conduit
3.26. Portable ladders
3.27. Gas cylinders to be secured
3.28. Protection of manifolded cylinder pack
3.29. Construction diving work to be in accordance with Standard
3.30. Flotation devices where persons working with others
3.31. Flotation devices where person working alone

Division 2 -- General duties in relation to personal protective clothing and equipment

3.32. Risks to be reduced in first instance by means other than protective clothing and equipment
3.33. Standards relevant to certain protective clothing and equipment
3.34. Responsibilities of persons who require personal protective clothing and equipment to be used
3.35. Responsibilities of users of personal protective clothing and equipment
3.36. Safety helmets to be worn at construction sites

Division 3 -- Atmosphere and respiratory protection

Subdivision 1 -- Atmosphere and respiratory protection generally

3.37. Terms used in this Subdivision
3.38. Identification and assessment of hazards in relation to atmosphere
3.39. Possible means of reducing risks
3.40. Respiratory protective equipment generally
3.41. Supplied air respirators required for certain atmospheres
3.42. Duties in relation to provision of supplied air respirators etc.
3.43. Specifications, maintenance, testing of supplied air respirators
3.44. Quality of air in supplied air respirators

Subdivision 2 -- Protection from tobacco smoke

3.44A. Terms used in this Subdivision
3.44B. Certain persons prohibited from smoking in enclosed workplaces
3.44C. Defence: smoking in a designated area of workplace
3.44D. Defence: smoking in a private vehicle or residence
3.44E. Defence: smoking in a performance
3.44F. Designated smoking areas
3.44G. Notice to be given as to restrictions on smoking
3.44H. Persons not to work in a designated smoking area when persons are smoking in that area
3.44I. Inspectors may require certain persons to extinguish tobacco products

Division 4 -- Noise control and hearing protection

3.45. Terms used in this Division
3.46. Avoidance of noise above exposure standard
3.47. Standard of personal hearing protectors

Division 5 -- Prevention of falls at workplaces

3.48. Terms used in this Division
3.49. Identification and assessment of hazards in relation to falling
3.50. Anchorage and fall injury prevention systems to be capable of withstanding forces caused by a fall
3.51. Inspection etc. of fall injury prevention systems
3.52. Fall injury prevention system to be protected where welding etc. being done
3.53. Inspection of anchorages
3.54. Protection in relation to holes and openings
3.55. Edge protection
3.56. Grid mesh and checker plate flooring panels
3.57. Working on or from brittle or fragile roofing

Division 6 -- Electricity

3.58. Term used in this Division
3.59. Electrical installations at workplaces
3.60. Protection against earth leakage current when portable equipment in use
3.61. Electrical installations on construction sites etc.
3.62. Tester to record licence number on tag
3.63. Records of electrical equipment test results to be provided
3.64. Restrictions on working in vicinity of overhead power lines
3.65. Connecting electricity to construction sites

Division 7 -- Scaffolds, gantries, hoardings and barricades and formwork

3.66. Terms used in this Division
3.67. Scaffolds and scaffolding equipment to be in accordance with Standard
3.68. Area for scaffold to be kept clear
3.69. Welding of lugs and saddle pieces
3.70. Warning signs etc. for incomplete scaffolds
3.71. Certain scaffolds not to be used
3.72. Inspection and marking of certain scaffolds
3.73. Scaffold not to be moved etc. without authority
3.74. Lowering scaffolding equipment
3.75. Hoardings and barricades
3.76. Gantries
3.77. Level of protection required
3.78. No unauthorised removal etc.
3.79. Requirements as to formwork
3.80. Formwork to be contained within workplace
3.81. Stripping and lowering of formwork

Division 8 -- Work in confined spaces

3.82. Terms used in this Division
3.83. Duties of designers, manufacturers and suppliers of things with confined spaces
3.84. Modification of confined spaces
3.85. Work in confined spaces to comply with Standard
3.86. When persons to stand by confined spaces
3.87. Training in relation to work in confined spaces

Division 9 -- Safety requirements in relation to certain work processes

Subdivision 1 -- Tilt-up concrete and precast concrete elements

3.88. Terms used in this Subdivision
3.88A. Commissioner to be given notice of intention to manufacture concrete panels
3.88B. Manufacture of concrete panels to be in accordance with Standard
3.88C. Transport, cranage, storage and erection of concrete panels at construction sites to be in accordance with Standard
3.88D. Temporary bracing of concrete panels at construction sites to be in accordance with Standard
3.88E. Incorporation of concrete panels into final structure to be in accordance with Standard
3.88F. Tilt-up work at construction sites not to be done unless notification of intention to manufacture panels has been given
3.88G. Certain documents to be at construction sites where tilt-up work done
3.88H. Limited entry to areas of construction sites where tilt-up work being done
3.88I. Certain persons to ensure that only trained persons manufacture concrete panels
3.88J. Certain persons to ensure that only trained persons do tilt-up work other than manufacturing concrete panels

Subdivision 2 -- Moulding and casting

3.89. Moulding and casting
3.90. Pit or deep mould
3.91. Ladles
3.92. Work under suspended loads at foundries
3.93. Moulds or chills for spare metal

Subdivision 3 -- Welding and allied processes

3.94. Terms used in this Subdivision
3.95. Atmosphere safety when welding etc.
3.96. Welding and allied processes to be in accordance with Standard
3.97. Protective screens
3.98. Flashback arresters

Subdivision 4 -- Spray painting

3.99. Terms used in this Subdivision
3.100. Spray painting generally to be inside booth
3.101. Electrostatic spray painting

Subdivision 5 -- Abrasive blasting

3.102. Terms used in this Subdivision
3.103. Blasting equipment
3.104. Blasting chambers and cabinets
3.105. Lighting and exits for blasting chambers
3.106. Persons doing abrasive blasting to be protected
3.107. Radioactive substances not to be used in abrasive blasting

Subdivision 6 -- Excavations and earthworks

3.108. Assessment in relation to excavations
3.109. Where person at risk due to excavation
3.110. No loads near excavation work
3.111. Shoring in excavations etc.
3.112. Certain excavation work not to be done in isolation
3.113. Stability of affected buildings etc.

Subdivision 7 -- Demolition

3.114. Terms used in this Subdivision
3.115. Application of Subdivision
3.116. Class 1, 2 or 3 demolition licences
3.117. Offence to do class 1, 2 or 3 demolition work unless licensed to do so and work to be done in accordance with conditions of licence
3.118. Certain persons to ensure that persons doing class 1, 2 or 3 demolition work are licensed
3.119. Commissioner to be notified of intention to do class 1, 2 or 3 demolition work in accordance with Standard
3.120. Application for Commissioner’s approval to do class 1, 2 or 3 demolition work not in accordance with Standard
3.121. Commissioner to acknowledge receipt and result of application and may impose conditions
3.122. Class 1, 2 or 3 demolition work not to be done without notification or approval or until conditions set
3.123. Demolition work other than class 1, 2 or 3 demolition work to be in accordance with Standard
3.124. Class 1, 2 or 3 demolition work to be in accordance with Standard or approval
3.125. Certain documents to be at demolition workplaces
3.126. Demolition work involving asbestos
3.127. Limited entry to area where demolition work being done
3.128. Scaffold used in demolition work to be heavy duty scaffold

Division 10 -- Driving commercial vehicles

3.129. Application
3.130. Terms used in this Division
3.131. Driving commercial vehicles
3.132. Commercial vehicle operating standard
3.133. Driver fatigue management plan
3.134. Record of work time, breaks from driving, and non-work time

Division 11 -- Construction industry safety awareness training obligations

3.135. Terms used in this Division
3.136. Safety awareness training requirements

Division 12 -- Construction industry -- consultation on hazards and safety management etc.

3.137. Terms used in this Division
3.138. Application of Division
3.139. Responsibilities of commercial clients
3.140. Responsibilities of designers
3.141. Responsibilities of main contractors
3.142. Occupational health and safety management plans
3.143. Safe work method statements

PART 4 -- Plant

Division 1 -- Preliminary

4.1. Terms used in this Part and 4.1, 4.2 and 4.3

Division 2 -- Registration of plant design and items of plant

4.2. Design of kinds of plant in Schedule 4.1 to be registered
4.3. Application for registration of design of kinds of plant in Schedule 4.1
4.4. Design verifier to be independent of designer
4.5. Fee for design verifier who is an officer of the department
4.6. Provision of further information
4.7. Commissioner may register design of kinds of plant in Schedule 4.1
4.8. Assessment fee
4.9. Procedure where testing required by Commissioner
4.10. Design registration number
4.11. Alteration to design of types of plant in Schedule 4.1 to be registered
4.12. Application for registration of alteration to plant design etc.
4.13. Confidentiality of design information
4.14. Individual items of plant in Schedule 4.2 to be registered
4.15. Application for registration etc. of Schedule 4.2 items of plant
4.16. Provision of further information
4.17. Commissioner’s functions as to applications to register etc. Schedule 4.2 items of plant
4.18. Assessment fee
4.19. Registration number of Schedule 4.2 item of plant
4.19A. Registration number of classified plant or designated plant
4.20. Registration numbers and evidence to be displayed
4.21. Commissioner may deregister items of plant
4.21A. Notification of permanent withdrawal of plant from service

Division 3 -- General duties applying to plant

Subdivision 1 -- Kinds of plant to which this Division applies

4.22. Meaning of “plant” for the purposes of Division 3

Subdivision 2 -- Identification of hazards and assessing and addressing risks in relation to plant

4.23. Duties of persons who design plant
4.24. Duties of persons who manufacture plant
4.25. Duties of persons who import plant
4.26. Duties of persons who supply plant
4.27. Duties of erectors and installers of plant
4.28. Duties of certain persons in relation to plant
4.29. Possible means of reducing risks in relation to plant

Subdivision 3 -- Information and general matters in relation to plant

4.30. Persons who design plant to provide information
4.30A. Persons who manufacture plant to obtain information
4.31. Persons who manufacture plant to provide information
4.31A. Persons who import new plant to obtain information
4.32. Persons who import plant to provide information
4.33. Persons who supply plant other than by way of hire or lease to provide information
4.34. Certain records to be kept in relation to plant
4.35. Duties of suppliers of plant by way of hire or lease
4.36. Duties of certain persons as to installation, commissioning etc. of plant
4.37. Duties of certain persons as to use of plant
4.37A. Duties of certain persons for the purposes of regulation 4.37(1)(b) or (c)
4.38. Duties of certain persons as to damaged plant
4.39. Duties of certain persons when design of plant is altered
4.40. Duties of certain persons as to dismantling, storing or disposing of plant
4.41. Plant not to be used etc. if a hazard unless in an emergency
4.42. Mandatory markings not to be interfered with

Division 4 -- Safety requirements in relation to certain types of plant

4.43. Plant under pressure
4.44. Powered mobile plant
4.45. Specific protection requirements for certain tractors and certain earthmoving machinery
4.46. Plant with hot or cold parts
4.48. Industrial robots etc.
4.49. Lasers
4.50. Nail guns
4.51. Explosive powered tools
4.52. Amusement structures
4.53. Plant that lifts, suspends or lowers people, equipment or materials
4.54. Additional requirements as to cranes, hoists and building maintenance units
4.55. Additional requirements as to industrial lift trucks
4.56. Lifts and general work on lifts
4.57. Construction and installation work of lifts

PART 5 -- Hazardous substances

Division 1 -- Preliminary

5.1. Terms used in this Part
5.2. Application

Division 2 -- Hazardous substances generally

5.3. Determination of whether or not a substance is a hazardous substance
5.4. Commissioner to be notified of new hazardous substances
5.5. Material Safety Data Sheets
5.6. Labelling etc.
5.7. Commissioner to be notified if generic name used for type II ingredients
5.8. Provision of information about hazardous substances
5.9. Ingredient disclosure to medical practitioners
5.10. Ingredient disclosure to persons who may be affected
5.11. Employers, main contractors and self-employed persons to obtain and provide information
5.12. Duties of employers, main contractors and self-employed persons as to labelling hazardous substances
5.13. Register of hazardous substances
5.14. Certain uses of certain hazardous substances prohibited
5.15. Assessment in relation to hazardous substances
5.16. Assessment report
5.17. Subsequent assessments
5.18. Assessment reports to be available for inspection
5.19. Exposure standards not to be exceeded
5.20. Risks arising from hazardous substances to be reduced and means of reducing risks
5.21. Induction and training
5.22. Monitoring risks associated with hazardous substances
5.23. Health surveillance in relation to hazardous substances
5.24. Duties of appointed medical practitioners
5.25. Employers, main contractors and self-employed persons to take remedial action
5.26. Periods for which records to be kept by employers, main contractors and self-employed persons
5.27. Commissioner to keep certain records as to hazardous substances

Division 3 -- Certain carcinogenic substances

5.28. Terms used in this Division
5.29. Concentration of substances for Division 3 to apply
5.30. Commissioner to be informed if carcinogenic substances intended to be used at workplaces
5.31. Schedule 5.4 and 5.6 substances not to be used at workplaces
5.32. Schedule 5.5 substances not to be used at workplaces unless for purpose approved by Commissioner
5.32A. Articles containing Schedule 5.6 substances not to be used at workplaces
5.33. Commissioner to acknowledge receipt of notification and information and may impose conditions
5.34. Carcinogenic substances not to be used until conditions set
5.35. Duties of suppliers of carcinogenic substances
5.36. Information for Commissioner to be kept up to date
5.37. Employers and self-employed persons to keep records in relation to carcinogenic substances
5.38. Suppliers to keep records in relation to carcinogenic substances
5.39. Commissioner to keep certain records in relation to carcinogenic substances
5.40. Commissioner to be informed of certain matters as to carcinogenic substances
5.41. Persons who may be exposed to carcinogenic substances to be informed of certain matters

Division 4 -- Further requirements in relation to certain hazardous substances

Subdivision 1 -- Asbestos

5.42. Terms used in this Subdivision
5.43. Identification and assessment of asbestos hazards at workplaces
5.44. Asbestos removalist licences
5.45. Asbestos removal work
5.46. Register
5.47. Licence and Codes to be available
5.48. Commissioner may give certain directions as to asbestos at workplaces
5.49. Further duties as to exposure to asbestos dust
5.50. Asbestos cement building materials
5.51. Prohibition on use of compressed air and other techniques
5.52. Waste asbestos material

Subdivision 2 -- Lead

5.53. Terms used in this Subdivision
5.54. Lead-risk job assessment
5.55. Information for prospective employees
5.56. Health surveillance and counselling
5.57. Assessment of suitability for working in lead-risk jobs
5.58. Induction and training
5.59. Frequency of biological monitoring
5.60. Duties of employers, main contractors and self-employed persons in relation to work with lead
5.61. Duties in relation to working with lead
5.62. Employee to notify if pregnant or breast-feeding
5.63. When person to be removed from lead work
5.64. Return to lead work after removal
5.65. Records in relation to lead
5.66. Commissioner to keep certain records in relation to lead
5.67. Review of decisions concerning lead work

Subdivision 3 -- Styrene

5.68. Term used in this Subdivision
5.69. Styrene vapour to be minimised
5.70. Extracting styrene vapour from atmosphere
5.71. Emergency egress from workplaces where styrene monomer present

Subdivision 4 -- Isocyanates

5.72. Terms used in this Subdivision
5.73. Handling and using isocyanates
5.74. Decanting isocyanates
5.75. Ventilation required if containers heated
5.76. Decontamination of isocyanate containers and utensils
5.77. Spillage of isocyanates etc.
5.78. Workplace requirements

PART 6 -- Performance of high risk work

Division 1 -- Preliminary

6.1. Terms used in this Part
6.2. Requirement to hold high risk work licence to do high risk work
6.3. Certain equipment not to be left unattended while in use

Division 2 -- Licences

6.4. Term used in this Division
6.5. Applications for grant of licences
6.6. Decision to grant licence
6.7. Applications for variation of licences
6.8. Decision to vary licence
6.9. Applications for renewal of licences
6.10. Decision to renew licence
6.11. Duration of licence
6.12. Suspension of authority to do high risk work of a particular class
6.13. Cancellation of authority to do high risk work of a particular class and cancellation of licence
6.14. Licence document
6.15. Notifying Commissioner of change of address
6.16. Duplicate licence document
6.17. Reassessment of competency to do high risk work of a particular class

Division 3 -- Registration as an assessor

6.18. Term used in this Division
6.19. Activity authorised by registration
6.20. Duties of assessors registered under this Division
6.21. Applications for registration
6.22. Decision to register an assessor
6.23. Applications for variation of registration
6.24. Decision to vary registration
6.25. Applications for renewal of registration
6.26. Decision to renew registration
6.27. Duration of registration
6.28. Suspension of registration in respect of a class of high risk work
6.29. Cancellation of registration in respect of a class of high risk work and cancellation of registration
6.30. Certificates of registration
6.31. Duplicate certificate of registration

Division 4 -- Miscellaneous

6.32. Registered training organisation to retain records

PART 7 -- Repeal, savings and transitional

Division 1 -- Original repeal, savings and transitional provisions

7.1. Terms used in this Division
7.2. Interpretation Act 1984 applies
7.3. Repeal
7.4. Dealing with audiograms recorded under certain previously repealed regulations
7.5. Existing accepted plant design deemed to be registered plant design under these regulations
7.7. Existing classified plant with current certificate of inspection deemed to be registered under these regulations
7.8. Existing “Part B” plant deemed to be registered under these regulations

Division 2 -- Savings and transitional provisions relating to the Occupational Safety and Health Amendment Regulations (No. 3) 2007

Subdivision 1 -- Preliminary

7.9. Terms used in this Division
7.10. Application of the Interpretation Act 1984

Subdivision 2 -- Conversion to high risk work licence

7.11. Transition period
7.12. Effect of certificate of competency during transition period
7.13. Operation of forklift during transition period
7.14. Suspension or cancellation of certificates of competency
7.15. Prohibition against operation of forklift
7.16. Applications for licences during transition periods
7.17. Decision to grant licence to holder of certificate of competency
7.18. Decision to grant licence to person who has documentary evidence of forklift competency
7.19. Unfinished applications for certificates of competency

Subdivision 3 -- Assessors

7.20. Existing assessors
7.21. Existing assessors of forklift competency
7.22. Unfinished applications for registration as an assessor
SCHEDULE 1 -- Australian Standards and Australian/New Zealand Standards
SCHEDULE 2 -- Forms relating to general provisions
SCHEDULE 3.1 -- Guidelines and forms of guidance to be available for access by persons working at workplaces
SCHEDULE 3.2 -- Toxic paint substances
SCHEDULE 4.1 -- Kinds of plant requiring registration of the design and alterations to design
SCHEDULE 4.2 -- Individual items of plant to be registered
SCHEDULE 4.3 -- Standards relating to design and other requirements in relation to certain plant
SCHEDULE 5.1 -- Description of ingredients
SCHEDULE 5.2 -- Hazardous substances prohibited for specified uses or methods of handling
SCHEDULE 5.3 -- Hazardous substances for which health surveillance is required
SCHEDULE 5.4 -- Carcinogenic substances to be used only for bona fide research
SCHEDULE 5.5 -- Carcinogenic substances to be used only for purposes approved by the Commissioner
SCHEDULE 5.6 -- Carcinogenic substances -- asbestos
SCHEDULE 6.1 -- Rate payable for assessments and tests
SCHEDULE 6.1A -- Fees under Part 3 Division 9
SCHEDULE 6.2 -- Fees under Part 4 Division 2
SCHEDULE 6.2A -- Fees under Part 5 Division 4
SCHEDULE 6.3 -- High risk work
SCHEDULE 6.4 -- Fees under Part 6
Compilation table

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Download] [Help]