Western Australian Consolidated Regulations Western Australian Consolidated Regulations In these regulations,
unless the contrary intention appears —
abrasive blasting , abrasive material , dry
abrasive blasting and wet abrasive blasting have the respective meanings that
they have in regulation 3.102;
approved means approved by the Commissioner;
AS followed by a designation refers to the
Australian Standard having that designation that is published by Standards
Australia and that is referred to in Schedule 1 and includes any
amendment to the document made before the reference to the document is
included in Schedule 1;
AS/NZS followed by a designation refers to the
Australian/New Zealand Standard having that designation that is published
by Standards Australia and the Standards Council of New Zealand under an
Active Cooperation Agreement between those 2 bodies and that is referred to in
Schedule 1 and includes any amendment to the document made before the
reference to the document is included in Schedule 1;
asbestos has the meaning that it has in
regulation 5.42;
Building Code means the Building Code of Australia
1990 published by or on behalf of the Australian Building Codes Board as
amended from time to time and a reference in these regulations to the class of
a building is a reference to the building’s classification under Part A3
of the Building Code;
building maintenance unit has the meaning that it
has in regulation 4.1;
building or structure includes any erection,
edifice, wall, chimney, fence, bridge, dam, reservoir, wharf, jetty, or ship
or other floating structure, and includes any part of any of those things;
competent person , in relation to the doing of
anything, means a person who has acquired through training, qualification or
experience, or a combination of those things, the knowledge and skills
required to do that thing competently;
construction site means a workplace at which
construction work is done and includes any adjoining area where plant or other
materials used or to be used in connection with that work are located or kept
and over which the main contractor has control for the purpose of doing the
construction work;
construction work means —
(a) the
construction, erection, installation, alteration, repair, maintenance,
cleaning, painting, renewal, removal, excavation, dismantling or demolition
of, or addition to, any building or structure, or any work in connection with
any of those things, that is done at or adjacent to the place where the
building or structure is located;
(b) work
on which a hoisting appliance or any scaffold or shoring is used or intended
to be used;
(c) work
in driving or extracting piles, sheet piles or trench sheet;
(d) work
in laying any pipe or work in lining pipe that is done at or adjacent to the
place where the pipe is laid or to be laid;
(e) work
in sinking or lining or altering, repairing, maintaining, renewing, removing,
or dismantling a well or borehole;
(f) road
works, earthworks or reclamation; or
(g) work
in laying an underground cable or work related to laying an underground cable
that is done at or adjacent to the place where the cable is laid or to be
laid;
crane has the meaning that it has in
regulation 4.1;
danger tag means an accident prevention tag as
referred to in section 5 of AS 1319 that is in the form of a danger sign
within the meaning of that Standard;
demolition has the meaning that it has in
regulation 3.114;
earthmoving machinery has the meaning it has in
regulation 4.1;
exhaust system , in relation to a workplace, means
a system by which dust, fumes, mist, gas, vapour or any other airborne
particle is removed from the atmosphere of the workplace and
includes —
(a) a
collecting hood, ductwork and fan;
(b) an
air cleaning filtration system; and
(c) an
associated motor, collector bin or receptacle;
gas cylinder has the meaning that it has in
regulation 4.1;
gear includes a ladder, plank, chain, rope,
fastening, coupling, fitting, hoist-block, stay, pulley, hanger, sling, brace
or movable contrivance of a similar kind, used or intended for use on or in
connection with construction work;
high risk work licence has the meaning given in
regulation 6.1(1);
hoarding has the meaning that it has in
regulation 3.66;
hoist has the meaning that it has in
regulation 4.1;
main contractor means —
(a) the
person for whose direct benefit all the work done at a construction site
exists upon its completion; or
(b) if
the person mentioned in paragraph (a) has engaged another person, other
than as his or her employee, to do or cause to be done all the work at the
construction site, the other person so engaged;
manufacturing process means a process in or
incidental to the making, assembly, altering, repairing, renovating,
preparing, ornamenting, finishing, cleaning, washing or adapting of any goods
or of any other articles or part thereof for trade, sale or gain or as
ancillary to a business;
medical practitioner means a person who is
registered under the Medical Act 1894 2 and who has a current entitlement
to practise under that Act;
person having control of a workplace means a
person other than an employee who has, to any extent, control of a workplace
where persons who are not employees of that person work or are likely to be in
the course of that work and where the control is in connection with the
carrying on by that person of a trade, business or undertaking (whether for
profit or not); and includes a person who has, by virtue of a contract or
lease, an obligation of any extent in relation to the maintenance or repair of
a workplace;
person having control of access to a workplace
means a person other than an employee who has, to any extent, control of the
means of access to and egress from a workplace where the control is in
connection with the carrying on by that person of a trade, business or
undertaking (whether for profit or not); and includes a person who has, by
virtue of a contract or lease, an obligation of any extent in relation to the
maintenance or repair of the means of access to or egress from a workplace;
platform means the surface of a plank or other
material that is used to provide access to, or egress from, a place, or for
persons to stand on or load materials or other things onto, or is otherwise
used as a working platform;
pressure vessel has the meaning that it has in
regulation 4.1;
registered training organisation means an
organisation registered by a body established under a law of a State or a
Territory to register organisations that provide vocational education and
training as defined in the Vocational Education and Training Act 1996
section 5;
scaffold has the meaning that it has in
regulation 3.66;
supplied air respirator has the meaning that it
has in regulation 3.37;
the regulation 1.15 penalty means the penalty
specified in regulation 1.15;
the regulation 1.16 penalty means the penalty
specified in regulation 1.16;
welding and allied process , in relation to
welding, have the respective meanings that they have in regulation 3.94.
[Regulation 1.3 amended in Gazette
17 Dec 1999 p. 6228-9; 8 Mar 2002 p. 961-2;
25 Jun 2004 p. 2291; 22 Oct 2004 p. 4834;
14 Dec 2004 p. 6010; 24 Aug 2007 p. 4257;
31 Jul 2009 p. 3032.]