{"id":"F2026L00241","name":"Occupational Health and Safety (Maritime Industry) Regulations 2026","slug":"occupational-health-and-safety-maritime-industry-regulations-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443188,"registerId":"F2026L00241-fast-fetch-1775958092341","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedule 5\n\n5 Definitions\n\n6 Forms, notices and reports\n\n7 Meaning of dangerous occurrence\n\n8 Meaning of exposure standard\n\nPart 2—Conduct of elections of health and safety representatives\n\n9 Involved union to authorise returning officer\n\nPart 3—Advice, investigations and inquiries\n\n10 Form of provisional improvement notices\n\n11 Taking samples for testing etc.\n\n12 Form of certain notices\n\n13 Alteration or disturbance of site of accident or dangerous occurrence\n\nPart 4—Notices and reports\n\n14 Period of incapacity requiring notice and report\n\n15 Notifying accidents and dangerous occurrences\n\n16 Reporting accidents and dangerous occurrences\n\n17 Records of accidents and dangerous occurrences\n\n18 Statistical reports\n\nPart 5—National standards\n\n19 National standards\n\nPart 6—Application and transitional provisions\n\nDivision 1—Application of this instrument as originally made\n\nSubdivision A—Definitions\n\n","sortOrder":0},{"sectionNumber":"20","sectionType":"section","heading":"Definitions for Division 1","content":"20 Definitions for Division 1\n\nSubdivision B—Hazardous substance\n\n21 Transitional—hazardous substances—SDS\n\n22 Transitional—hazardous substance—risk assessment\n\n23 Transitional—hazardous substances—exemptions\n\nSubdivision C—Manual handling\n\n","sortOrder":1},{"sectionNumber":"24","sectionType":"section","heading":"Transitional—manual handling—risk assessment","content":"24 Transitional—manual handling—risk assessment\n\nSubdivision D—Confined spaces\n\n25 Transitional—confined spaces—risk assessment\n\n26 Transitional—confined spaces—permit to work\n\n27 Transitional—confined spaces—record keeping\n\nSchedule 1—National standards for hazardous substances\n\n1 Objects of Schedule 1\n\n2 Application of Schedule 1\n\n3 Definitions for Schedule 1\n\nDivision 2—Duties of a manufacturer, and a supplier, of a hazardous substance\n\n4 Safety Data Sheets—manufacturer’s duties\n\n5 Safety Data Sheets—supplier’s duties\n\n6 Labelling of hazardous substances\n\n7 Provision of information by a supplier\n\nDivision 3—Duties of an operator in relation to the use of hazardous substances\n\n8 Prohibition on uses of hazardous substances\n\n9 Use of Safety Data Sheets—offences\n\n10 Use of labels\n\n11 Register of hazardous substances\n\n12 Provision of information about enclosed hazardous substances\n\n13 Risk assessment for hazardous substances\n\n14 Risk control\n\n15 Atmospheric monitoring\n\n16 Health surveillance\n\n17 Instruction and training\n\n18 Exposure to hazardous substances\n\n19 Record keeping\n\n20 Records to be accessible\n\nDivision 4—Employees’ and contractors’ duties in relation to hazardous substances\n\n21 Duties of employees and contractors\n\nDivision 5—Exemptions from clause 8\n\n22 Applications for exemptions\n\n23 Grant or refusal of exemption\n\n24 Conditions of an exemption\n\n25 Operation of an exemption\n\n26 Review of exemption decisions\n\nSchedule 2—National standards for manual handling\n\n1 Objects of Schedule 2\n\n2 Definition of manual handling\n\nDivision 2—Duties of an employer\n\n3 Duties of an employer—general\n\n4 Duties of an employer—risk assessment\n\n5 Duties of an employer—risk control\n\nDivision 3—Duties of an employee\n\n6 Duties of an employee—use of training\n\nSchedule 3—National standards for confined spaces\n\nDivision 1—Preliminary\n\n1 Objects of Schedule 3\n\n2 Definitions for Schedule 3\n\n3 Explosive limit\n\nDivision 2—Duties of operators\n\nSubdivision 1—Securing confined spaces\n\n4 Entry and exit points\n\n5 Work practices and confined spaces\n\n6 Modifications to confined space\n\nSubdivision 2—Hazard identification and risk assessment\n\n7 Hazard identification\n\n8 Risk assessment\n\n9 When risk assessment ceases to be valid\n\n10 When an invalid risk assessment becomes valid again\n\n11 Atmospheric testing\n\n12 Atmospheric monitoring\n\n13 Safe atmosphere\n\nSubdivision 3—Risk control measures\n\n14 Elimination or control of risk\n\n15 Using purging agent\n\n16 Gas used for ventilation purposes\n\n17 Isolating hazardous services\n\n18 Flammable airborne contaminants\n\n19 Supplied‑air respiratory equipment\n\n20 Stand‑by person\n\n21 Equipment to be provided\n\n22 Equipment—maintenance\n\n23 Emergency and first aid procedures\n\nDivision 3—Permit to work\n\n24 Permit to work\n\n25 Operator’s duty—permit to work required for entry to or work in confined space\n\n26 Employee’s duty—entry to or work in confined space\n\n27 When a permit to work is valid\n\n28 Withdrawal of permit to work\n\n29 Effect of a permit ceasing to be valid\n\nDivision 4—Training\n\n30 Requirement for training\n\nDivision 5—Records\n\n31 Period for which records must be kept\n\n32 Records must be available for inspection\n\nSchedule 4—Forms\n\nForm 1—Provisional improvement notice\n\nForm 2—Notice of removal of plant or sample\n\nForm 3—Do not disturb notice\n\nForm 4—Prohibition notice\n\nForm 5—Improvement notice\n\n","sortOrder":2},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Repeals","content":"Schedule 5—Repeals\n\nOccupational Health and Safety (Maritime Industry) (National Standards) Regulations 2003\n\nOccupational Health and Safety (Maritime Industry) Regulations 1995\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Occupational Health and Safety (Maritime Industry) Regulations 2026.\n\n","sortOrder":3},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 19 March 2026\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"3  Authority\n\n  This instrument is made under the Occupational Health and Safety (Maritime Industry) Act 1993.\n\n","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Schedule 5","content":"4  Schedule 5\n\n  Each instrument that is specified in Schedule 5 to this instrument is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.\n\n","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) contractor;\n\n(b) employee;\n\n(c) operator;\n\n(d) workplace.\n\n  In this instrument:\n\nAct means the Occupational Health and Safety (Maritime Industry) Act 1993.\n\nexposure standard: see section 8.\n\nincident means:\n\n (a) an accident of a kind described in paragraph 107(1)(a) or (b) of the Act; or\n\n (b) a dangerous occurrence.\n\nmanufacturer means a manufacturer to whom section 15 or 16 of the Act applies, including a person to whom those sections apply due to section 17 of the Act.\n\nSafe Work Australia means Safe Work Australia as established under section 5 of the Safe Work Australia Act 2008.\n\nserious personal injury means an injury to, or disease in, a person:\n\n (a) that is caused by an accident at a workplace; and\n\n (b) for which the person is:\n\n (i) given emergency treatment on the prescribed ship or prescribed unit on which the accident occurred; or\n\n (ii) given emergency treatment in another place by a registered medical practitioner; or\n\n (iii) admitted to a hospital; or\n\n (iv) treated in a hospital as a casualty, without being admitted to the hospital.\n\nsupplier means a supplier to whom section 19 of the Act applies.\n\nNote: The meaning of supplier is affected by section 20 of the Act.\n\n","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Forms, notices and reports","content":"6  Forms, notices and reports\n\n (1) A form containing a direction in, or at the foot of, the form must be completed in accordance with the direction.\n\n (2) A form, notice or report must be completed in sufficient detail to allow proper consideration of the form, notice or report.\n\n (3) A form, notice or report must be produced clearly and legibly in handwriting or by means of a machine in order to enable clear and legible reproduction of the contents of the form, notice or report.\n\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of dangerous occurrence","content":"7  Meaning of dangerous occurrence\n\n  An occurrence is a dangerous occurrence for the purpose of the definition of dangerous occurrence in section 4 of the Act if the occurrence:\n\n (a) occurred at a workplace; and\n\n (b) resulted from operations that arose from an undertaking conducted by or for the operator of the workplace; and\n\n (c) could have caused:\n\n (i) the death of, or serious personal injury to, any person; or\n\n (ii) the incapacity of an employee for a duration of 5 or more successive working days; and\n\n (d) did not cause such death, serious personal injury or incapacity.\n\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of exposure standard","content":"8  Meaning of exposure standard\n\n (1) An exposure standard, in relation to a substance, means the airborne concentration of the substance over a period of time specified as an exposure standard in the Workplace exposure standards for airborne contaminants (2024) published by Safe Work Australia as it exists at the time this Part commences.\n\nNote: The Workplace exposure standards for airborne contaminants (2024) could in 2026 be viewed on Safe Work Australia’s website (https://www.safeworkaustralia.gov.au).\n\n (2) The following are examples of ways in which the airborne concentration of a substance over a period of time might be specified:\n\n (a) an 8 hour time weighted average, being the maximum average airborne concentration of the substance calculated over a working week of 5 days of 8 working hours each;\n\n (b) the peak limitation, being the maximum or peak airborne concentration of the substance that is determined over the shortest analytically practicable period of time that does not exceed 15 minutes;\n\n (c) the short‑term exposure limit, being the maximum time weighted average airborne concentration of the substance measured over a 15 minute period.\n\nNote: For paragraph (c), the Workplace exposure standards for airborne contaminants (2024) require that to meet a short‑term exposure limit:\n\n(a) there must be at least 60 minutes between a person’s exposures to the substance at the short‑term exposure limit; and\n\n(b) a person must not be exposed to the substance at the short‑term exposure limit more than 4 times a day.\n\n","sortOrder":10},{"sectionNumber":"Part 2","sectionType":"part","heading":"Conduct of elections of health and safety representatives","content":"Part 2—Conduct of elections of health and safety representatives\n\n \n\n","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Involved union to authorise returning officer","content":"9  Involved union to authorise returning officer\n\n (1) For the purposes of paragraph 120(1)(a) of the Act, an involved union for a designated work group that intends to conduct an election under section 42 of the Act for a health and safety representative for the work group must appoint a person as a returning officer for the election.\n\n (2) The returning officer for the election must conduct the election in accordance with the rules of the union.\n\n","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Advice, investigations and inquiries","content":"Part 3—Advice, investigations and inquiries\n\n \n\n","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Form of provisional improvement notices","content":"10  Form of provisional improvement notices\n\n  For the purposes of paragraph 120(1)(e) of the Act, a provisional improvement notice issued by a health and safety representative for a designated work group to the person in command under subsection 58(1) of the Act must be in accordance with Form 1 in Schedule 4.\n\n","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Taking samples for testing etc.","content":"11  Taking samples for testing etc.\n\n (1) If a sample of a substance or thing taken at a workplace under subsection 91(1) of the Act is practicably divisible, the inspector who has taken the sample must do the following:\n\n (a) divide the sample into 3 parts;\n\n (b) put each part into a container and seal and label the container appropriately;\n\n (c) give one part to the operator of the workplace;\n\n (d) arrange for another part to be inspected, examined, measured or tested;\n\n (e) retain the remaining part for any further inspection, examination, measuring or testing that is required.\n\n (2) If the sample of a substance or thing is not practicably divisible, the inspector must arrange for the whole sample to be inspected, examined, measured or tested.\n\n (3) An inspector who removes plant, a substance or a thing, or a sample of a substance or thing, from a workplace under subsection 91(1) of the Act must take all reasonable steps to ensure that, while it is in the inspector’s possession or control:\n\n (a) the plant, substance or thing is not damaged; or\n\n (b) the sample is not contaminated.\n\n","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Form of certain notices","content":"12  Form of certain notices\n\n  For the purposes of paragraph 120(1)(e) of the Act, a notice issued by an investigator under a provision of the Act referred to in one of the following paragraphs must be in accordance with the form specified in the paragraph:\n\n (a) subsection 91(2) (notice of taking possession of plant, taking samples of substances etc.)—Form 2 in Schedule 4;\n\n (b) subsection 92(1) (direction not to disturb workplace etc.)—Form 3 in Schedule 4;\n\n (c) subsection 93(1) (issue of prohibition notices)—Form 4 in Schedule 4;\n\n (d) subsection 98(1) (issue of improvement notices)—Form 5 in Schedule 4.\n\n","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Alteration or disturbance of site of accident or dangerous occurrence","content":"13  Alteration or disturbance of site of accident or dangerous occurrence\n\nOffence—alteration or disturbance of site\n\n (1) For the purposes of subsection 33(1) of the Act, a person in command of a prescribed ship or prescribed unit commits an offence if:\n\n (a) the person in command:\n\n (i) engages in conduct; or\n\n (ii) allows another person to engage in conduct; and\n\n (b) the conduct results in the alteration or disturbance of the site of an accident or the site of a dangerous occurrence on the ship or unit; and\n\n (c) at the time of the conduct:\n\n (i) an inspector had not inspected the site; and\n\n (ii) the inspector had not given permission in writing for the alteration or disturbance of the site.\n\nDefences\n\n (2) Subsection (1) does not apply if, at the time of the conduct, the person in command had a reasonable excuse.\n\nNote: A defendant bears an evidential burden in relation to the matter mentioned in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n (3) Subsection (1) does not apply if at the time of the conduct the person in command had given a notice of the accident or dangerous occurrence, and:\n\n (a) the Inspectorate had notified the person in command in writing that an inspection of the site of the accident or dangerous occurrence by an inspector was not required; or\n\n (b) the ship or unit was in an Australian port when notice was given of the accident or dangerous occurrence and an inspector did not visit the site within 24 hours of notice being given; or\n\n (c) the ship or unit was at sea and proceeding to an Australian port when notice was given of the accident or dangerous occurrence, and an inspector did not visit the site within 24 hours of the arrival of the ship or unit at the port; or\n\n (d) the ship or unit was at sea and not proceeding to an Australian port when notice of the accident or dangerous occurrence was given.\n\nNote: A defendant bears an evidential burden in relation to the matter mentioned in subsection (3) (see section 13.3 of the Criminal Code).\n\n (4) Without limiting subsection (2), a person in command had a reasonable excuse if:\n\n (a) the alteration or disturbance was unavoidable; or\n\n (b) the person engaged in, or allowed another person to engage in, the conduct that resulted in the alteration or disturbance of the site of the accident or dangerous occurrence as a result of:\n\n (i) the rescue, or attempted rescue, of an injured person; or\n\n (ii) the retrieval, or attempted retrieval, of the body of a deceased person; or\n\n (iii) the protection, or attempted protection, of the health or safety of a person; or\n\n (iv) the prevention, or attempted prevention, of damage being done to a substance or thing; or\n\n (v) the restoration, or attempted restoration, of a workplace to safe working conditions; or\n\n (vi) the performance, or attempted performance, of a task necessary for the proper operation of the ship or unit.\n\n","sortOrder":17},{"sectionNumber":"Part 4","sectionType":"part","heading":"Notices and reports","content":"Part 4—Notices and reports\n\n \n\n","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Period of incapacity requiring notice and report","content":"14  Period of incapacity requiring notice and report\n\n  For the purposes of paragraph 107(1)(b) of the Act, a period of 5 successive days or more is prescribed.\n\n","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Notifying accidents and dangerous occurrences","content":"15  Notifying accidents and dangerous occurrences\n\n (1) For the purposes of subsection 33(1) of the Act, the requirements in this section are prescribed in relation to a notice of an incident required to be given under subsection 107(1) of the Act.\n\nForm of notification\n\n (2) A notice given by an operator in accordance with subsection 107(1) of the Act must:\n\n (b) identify the workplace and the operator of the workplace; and\n\n (c) specify the time of the incident; and\n\n (d) identify the location of the workplace at that time; and\n\n (e) describe the incident.\n\n (3) The notice may set out any other matters the operator considers relevant.\n\nManner of giving notification\n\n (4) The notice must be given to the Inspectorate by one of the following means:\n\n (a) sending an email to the email address specified for this purpose on the Inspectorate’s website;\n\n (b) another electronic means specified for this purpose on the Inspectorate’s website.\n\nNote: Sending a notice by post is not a permitted means to give the notice.\n\nOffence—failure to notify of an accident or dangerous occurrence\n\n (5) An operator must give notice of an incident in accordance with subsection 107(1) of the Act and this section to the Inspectorate within 4 hours of becoming aware of the incident.\n\nDefence—notice given as soon as reasonably practicable\n\n (6) Subsection (5) does not apply if:\n\n (a) it was not reasonably practicable for the operator to give the notice to the Inspectorate within 4 hours of becoming aware of the incident; and\n\n (b) the operator gives the notice to the Inspectorate as soon as reasonably practicable.\n\nNote: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6) (see subsection 13.3(3) of the Criminal Code).\n\n","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Reporting accidents and dangerous occurrences","content":"16  Reporting accidents and dangerous occurrences\n\n (1) For the purposes of subsection 33(1) of the Act, the requirements in this section are prescribed in relation to a report about an incident required to be given under subsection 107(1) of the Act.\n\nForm of report\n\n (2) A report given by an operator in accordance with subsection 107(1) of the Act must:\n\n (b) identify the workplace and the operator of the workplace; and\n\n (c) specify the time of the incident; and\n\n (d) identify the location of the workplace at that time; and\n\n (e) specify the activities the workplace is engaged in at that time; and\n\n (f) describe the incident; and\n\n (g) set out a list of the consequences of the incident; and\n\n (h) if a person was affected by the incident—set out the following details of the person and describe the effect of the incident on the person:\n\n (i) name;\n\n (ii) gender;\n\n (iii) nationality;\n\n (iv) date of birth;\n\n (v) address; and\n\n (i) set out the name, position and contact details of the person giving the report.\n\n (3) The report may set out any other matters the operator considers relevant.\n\nManner of giving report\n\n (4) The report must be given to the Inspectorate by one of the following means:\n\n (a) sending an email to the email address specified for this purpose on the Authority’s website;\n\n (b) another electronic means specified for this purpose on the Authority’s website.\n\nNote: Sending a report by post is not a permitted means to give the report.\n\nOffence—failure to report on an accident or dangerous occurrence\n\n (5) An operator must give a report of an incident in accordance with subsection 107(1) of the Act and this section to the Inspectorate within 72 hours of becoming aware of the incident.\n\nDefence—report given as soon as reasonably practicable\n\n (6) Subsection (5) does not apply if:\n\n (a) it was not reasonably practicable for the operator to give the report to the Inspectorate within 72 hours of becoming aware of the incident; and\n\n (b) the operator gives the report to the Inspectorate as soon as reasonably practicable.\n\nNote: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6) (see subsection 13.3(3) of the Criminal Code).\n\n","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Records of accidents and dangerous occurrences","content":"17  Records of accidents and dangerous occurrences\n\n  For the purposes of subsection 108(1) of the Act, an operator must retain a record of a report about an accident or dangerous occurrence for 5 years after the day on which the report was made.\n\n","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Statistical reports","content":"18  Statistical reports\n\nOffence—failure to report\n\n (1) An operator must report in writing to the Authority within the period of 30 days after the end of a financial year:\n\n (a) the average number of full‑time equivalent employees of the operator in that financial year; and\n\n (b) the total number of hours worked by employees of the operator in the financial year.\n\nPenalty: 1 penalty unit.\n\n (2) An offence against subsection (1) is an offence of strict liability.\n\nDefence—report made as soon as reasonably practicable\n\n (3) Subsection (1) does not apply if:\n\n (a) it is not reasonably practicable for the operator to report within the period required by subsection (1); and\n\n (b) the operator reports to the Authority as soon as reasonably practicable.\n\nNote: A defendant bears an evidential burden in relation to the matter mentioned in subsection (3) (see section 13.3 of the Criminal Code).\n\n","sortOrder":23},{"sectionNumber":"Part 5","sectionType":"part","heading":"National standards","content":"Part 5—National standards\n\n \n\n","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"National standards","content":"19  National standards\n\n  For the purpose of subsection 33(1) of the Act, Schedules 1, 2 and 3 to this instrument make provision relating to matters affecting, or likely to affect, the occupational health and safety of employees, contractors and other persons mentioned in that subsection.\n\n","sortOrder":25},{"sectionNumber":"Part 6","sectionType":"part","heading":"Application and transitional provisions","content":"Part 6—Application and transitional provisions\n\n","sortOrder":26},{"sectionNumber":"Div 1","sectionType":"division","heading":"Application of this instrument as originally made","content":"Division 1—Application of this instrument as originally made\n\nSubdivision A—Definitions\n\n20  Definitions for Division 1\n\n  In this Division:\n\ncommencement day means the day that this Division commences.\n\nold national standards regulations means the Occupational Health and Safety (Maritime Industry) (National Standards) Regulations 2003.\n\nSDS has the same meaning as in Schedule 1.\n\nSubdivision B—Hazardous substance\n\n","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Transitional—hazardous substances—SDS","content":"21  Transitional—hazardous substances—SDS\n\n (1) This section applies in relation to a hazardous substance that:\n\n (a) was supplied to the operator of a workplace before the commencement day; and\n\n (b) is still in use at the workplace.\n\n (2) An MSDS, within the meaning of Part 2 of the old national standards regulations, that:\n\n (a) was prepared for a hazardous substance in accordance with subregulation 2.04(3) of those regulations before the commencement day; and\n\n (b) was, immediately before the commencement day, the current MSDS for the substance;\n\nis taken on the commencement day:\n\n (c) to be an SDS prepared in accordance with clause 4 of Schedule 1 to this instrument; and\n\n (d) for the purposes of subclause 4(5) of Schedule 1 to this instrument—to have been issued on the day the MSDS was issued.\n\n","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Transitional—hazardous substance—risk assessment","content":"22  Transitional—hazardous substance—risk assessment\n\n  A risk assessment, within the meaning of Part 2 of the old national standards regulations, that was:\n\n (a) undertaken before the commencement day in accordance with subregulations 2.15(3), (4) and (5) of those regulations (including a risk assessment as revised under subregulation 2.15(9) of those regulations); and\n\n (b) valid immediately before commencement day;\n\nis taken, on the commencement day:\n\n (c) to be a risk assessment undertaken in accordance with subclause 13(3) of Schedule 1 to this instrument; and\n\n (d) for the purposes of subclause 13(8) of Schedule 1 to this instrument—to have been first completed on the day the risk assessment was first completed under the old national standards regulations.\n\n","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Transitional—hazardous substances—exemptions","content":"23  Transitional—hazardous substances—exemptions\n\nUnfinalised applications\n\n (1) An application for an exemption from regulation 2.08 of the old national standards regulations that was:\n\n (a) made, in accordance with subclause 1.01(1) of Schedule 3 to those regulations, before the commencement day; and\n\n (b) not granted or refused under clause 1.02 of Schedule 3 to those regulations before the commencement day;\n\nis taken, on the commencement day, to be an application for an exemption made under clause 22 of Schedule 1 to this instrument.\n\nExisting exemptions\n\n (2) An exemption granted under clause 1.02 of Schedule 3 to the old national standards regulations that had not ceased immediately before the commencement day:\n\n (a) is taken, on the commencement day, to be an exemption granted under paragraph 23(1)(a) of Schedule 1 to this instrument; and\n\n (b) if the exemption was, immediately before commencement day, subject to any conditions imposed under clause 1.03 of Schedule 3 to the old national standards regulations (including conditions as varied under subclause 1.03(2) of those regulations)—is taken, on the commencement day, to be subject to those conditions as if they were imposed under clause 24 of Schedule 1 to this instrument.\n\nSubdivision C—Manual handling\n\n24  Transitional—manual handling—risk assessment\n\n  A risk assessment, within the meaning of Part 3 of the old national standards regulations, that was:\n\n (a) undertaken before the commencement day in accordance with regulation 3.04 of those regulations; and\n\n (b) current immediately before the commencement day;\n\nis taken, on the commencement day, to be a current risk assessment undertaken in accordance with clause 4 of Schedule 2 to this instrument.\n\nSubdivision D—Confined spaces\n\n","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Transitional—confined spaces—risk assessment","content":"25  Transitional—confined spaces—risk assessment\n\n (1) A risk assessment, within the meaning of Part 4 of the old national standards regulations, that was:\n\n (a) undertaken before the commencement day in accordance with regulation 4.08 of the old national standards regulations; and\n\n (b) valid immediately before the commencement day;\n\nis taken, on the commencement day, to be a valid risk assessment undertaken in accordance with clause 8 of Schedule 3 to this instrument.\n\n (2) A risk assessment, within the meaning of Part 4 of the old national standards regulations, that was:\n\n (a) undertaken before the commencement day in accordance with regulation 4.08 of the old national standards regulations; and\n\n (b) not valid immediately before the commencement day;\n\nis taken, on the commencement day, to be a risk assessment undertaken in accordance with clause 8 of Schedule 3 to this instrument that has ceased to be valid under clause 9 of that Schedule.\n\nNote: A risk assessment that has ceased to be valid under clause 9 of Schedule 3 to this instrument may become valid again under clause 10 of that Schedule.\n\n","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Transitional—confined spaces—permit to work","content":"26  Transitional—confined spaces—permit to work\n\n (1) A permit to work that was:\n\n (a) issued before the commencement day in accordance with regulation 4.23 of the old national standards regulations; and\n\n (b) valid immediately before the commencement day;\n\nis taken, on the commencement day, to be a valid permit to work issued in accordance with clause 24 of Schedule 3 to this instrument.\n\n (2) A permit to work that was:\n\n (a) issued before the commencement day in accordance with regulation 4.23 of the old national standards regulations; and\n\n (b) not valid immediately before the commencement day;\n\nis taken, on the commencement day, to be a permit to work issued in accordance with clause 24 of Schedule 3 to this instrument that has ceased to be valid under subclause 27(2) of that Schedule.\n\nNote: A permit to work that has ceased to be valid under subclause 27(2) of Schedule 3 to this instrument may become valid again under subclause 27(3) of that Schedule.\n\n","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Transitional—confined spaces—record keeping","content":"27  Transitional—confined spaces—record keeping\n\n  Clause 31 of Schedule 3 to this instrument applies to an operator on and after the commencement day in relation to a record that was prepared before, on or after the commencement day.\n\n \n\n","sortOrder":33},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"National standards for hazardous substances","content":"Schedule 1—National standards for hazardous substances\n\n \n\n","sortOrder":34},{"sectionNumber":"1","sectionType":"section","heading":"Objects of Schedule 1","content":"1  Objects of Schedule 1\n\n  The object of this Schedule is to minimise the risk to the health of persons due to exposure to hazardous substances by:\n\n (a) ensuring that when hazardous substances to be used at workplaces are supplied to the workplace:\n\n (i) the substances are labelled; and\n\n (ii) the workplace is supplied with Safety Data Sheets; and\n\n (b) providing for:\n\n (i) the assessment of the risk of exposure to hazardous substances; and\n\n (ii) the control of exposure to hazardous substances; and\n\n (iii) the training of employees and contractors who could be exposed to hazardous substances at work on the nature of the hazard and the level of risk posed by the hazardous substances, and the means of assessing and controlling exposure to the substances; and\n\n (c) ensuring that emergency services and the Inspectorate have access to relevant information about hazardous substances used at workplaces; and\n\n (d) ensuring that relevant information included in evaluation statements for hazardous substances is given to operators.\n\n2  Application of Schedule 1\n\n (1) Subject to subclause (2), this Schedule applies:\n\n (a) to all hazardous substances; and\n\n (b) to all workplaces at which hazardous substances are used; and\n\n (c) in relation to all persons who could be exposed to hazardous substances at a workplace.\n\nNote: Hazardous substance and use are defined in clause 3.\n\n (2) This Schedule does not apply to a substance that is being transported in accordance with the requirements set out in the International Maritime Dangerous Goods Code published by the International Maritime Organization, as it exists at the time this Schedule commences.\n\n3  Definitions for Schedule 1\n\n  In this Schedule:\n\narticle means a solid object:\n\n (a) that is produced with a specific shape, design or surface; and\n\n (b) that is used for a purpose that depends, wholly or partly, on that shape, design or surface; and\n\n (c) the chemical composition and physical state of which:\n\n (i) do not change when the object is used for that purpose; or\n\n (ii) change only when the object is used for that purpose.\n\nasbestos means any of the following fibrous forms of mineral silicates belonging to the serpentine and amphibole groups of rock‑forming minerals:\n\n (a) actinolite asbestos;\n\n (b) amosite (brown asbestos);\n\n (c) anthophyllite asbestos;\n\n (d) chrysotile (white asbestos);\n\n (e) crocidolite (blue asbestos);\n\n (f) tremolite asbestos.\n\natmospheric monitoring means the sampling of workplace atmospheres to derive a quantitative measure of exposure to a hazardous substance through inhalation.\n\nbiological monitoring means the measurement and evaluation of a hazardous substance, or the substance’s metabolites, in the body tissue, fluids or exhaled air of an employee or a contractor.\n\nbona fide research:\n\n (a) means a systematic, investigative or experimental activity conducted for the purpose of:\n\n (i) acquiring new knowledge; or\n\n (ii) creating new or improved materials, products, devices, processes or services; and\n\n (b) includes an activity conducted for the purpose of preparing an item containing asbestos for display in a museum or other historical displays.\n\ncontainer:\n\n (a) means an object in, or by which, a substance is, or has been, wholly or partly contained or packed, whether or not the object is empty, partly filled or completely filled; and\n\n (b) does not include a tank or a bulk storage container within the meaning of the Australian Code for the Transport of Dangerous Goods by Road and Rail, 7.9th edition, published by the National Transport Commission, as it exists at the time this Schedule commences.\n\nNote: The Australian Code for the Transport of Dangerous Goods by Road and Rail could in 2026 be viewed on the National Transport Commission’s website (https://www.ntc.gov.au).\n\nemergency service includes a fire, ambulance and police department, and any other department, agency or instrumentality of the Commonwealth, a State or a Territory, that may be required to attend at the scene of an emergency at a workplace.\n\nhazardous substance means one of the following substances:\n\n (a) actinolite asbestos;\n\n (b) amosite (brown asbestos);\n\n (c) anthophyllite asbestos;\n\n (d) chrysotile (white asbestos);\n\n (e) crocidolite (blue asbestos);\n\n (f) tremolite asbestos.\n\nNote: The omission of a substance from this definition is not indicative of the absence of a hazard relating to the substance.\n\nhazard statement, in relation to a hazardous substance, means a word, or series of words:\n\n (a) that describes the hazards of the substance; and\n\n (b) that is set out in Appendix D of the labelling model code.\n\nhealth surveillance means the monitoring of an employee or a contractor, including the use of biological monitoring, to identify changes (if any) in the employee’s or contractor’s health due to exposure to a hazardous substance, but does not include atmospheric monitoring.\n\nin situ, in relation to a product that contains asbestos, means that, at the time the use of the form of asbestos that is in the product is prohibited under clause 8, the product is fixed or installed:\n\n (a) in:\n\n (i) a ship or any other structure that forms a workplace; or\n\n (ii) plant or any other thing that is for use at a workplace; and\n\n (b) in a way that does not constitute a risk to users until the asbestos contained in the product is disturbed.\n\nNote: The following are examples of asbestos in products that are in situ:\n\n(a) amosite and chrysotile used between lamina in laminated panelling;\n\n(b) chrysotile used as a fire retardant in wall cladding in engine rooms.\n\nlabelling model code means the Model Code of Practice: Labelling of workplace hazardous chemicals published by Safe Work Australia as it exists at the time this Schedule commences.\n\nNote: The labelling model code could in 2026 be viewed on Safe Work Australia’s website (https://www.safeworkaustralia.gov.au).\n\nmanufacturer includes a person who is, under section 17 of the Act, taken to be a manufacturer for the purposes of sections 15 and 16 of the Act.\n\nminimise means to reduce to the lowest level that is reasonably practicable to achieve.\n\nprecautionary statement, in relation to a hazardous substance, means a word, or series of words:\n\n (a) that describes the procedures for the safe handling or storage of the substance or the use of personal protective equipment in connection with the substance; and\n\n (b) that is set out in Appendix D of the labelling model code.\n\nproduct name, in relation to a hazardous substance, means the brand name, trade name, code name or code number given to the substance by the supplier of the substance.\n\nrisk assessment means an assessment made under paragraph 13(1)(a), incorporating any revision of that assessment.\n\nrisk to health means the likelihood that a substance will cause harm to health in the circumstances of the substance’s use.\n\nSDS has the meaning given by subclause 4(1).\n\nNote: The purpose of an SDS is to provide the information needed to allow the safe handling of hazardous substances used at workplaces. The SDS for a substance describes the substance’s identity, relevant health hazard information, precautions for use and safe handling information.\n\nsubstance:\n\n (a) includes a chemical entity, composite material, mixture or formulation; and\n\n (b) other than in relation to an article that contains asbestos—does not include an article.\n\nuse, in relation to a substance at a workplace, means produce, handle, store, transport or dispose of the substance at the workplace.\n\n","sortOrder":35},{"sectionNumber":"Div 2","sectionType":"division","heading":"Duties of a manufacturer, and a supplier, of a hazardous substance","content":"Division 2—Duties of a manufacturer, and a supplier, of a hazardous substance\n\nNote: A person who imports a substance that the person has not manufactured is, if the manufacturer does not have a place of business in Australia at the time of the importation, taken to be the manufacturer of the substance for the purposes of this Schedule (see the definition of manufacturer in clause 3).\n\n4  Safety Data Sheets—manufacturer’s duties\n\nOffence—failure to prepare an SDS\n\n (1) A manufacturer of a hazardous substance that the manufacturer knows, or ought reasonably to know, will be used by employees or contractors at a workplace must ensure that a Safety Data Sheet (an SDS) for the substance is prepared:\n\n (a) before the substance is supplied to the operator of the workplace; and\n\n (b) in accordance with subclause (3).\n\nNote: For hazardous substances that are in use but supplied before this subclause commences, see Part 6 of this instrument.\n\n (2) Strict liability applies to paragraph (1)(b).\n\n (3) For the purposes of paragraph (1)(b), an SDS must:\n\n (a) set out the name, and Australian address and telephone numbers (including an emergency number), of the manufacturer; and\n\n (b) for the hazardous substance to which it relates:\n\n (i) clearly identify the substance; and\n\n (ii) set out the substance’s recommended uses; and\n\n (iii) describe the substance’s chemical and physical properties; and\n\n (iv) set out the substance’s hazard statements and precautionary statements and any relevant health hazard information about the substance that is reasonably practicable for the manufacturer to provide; and\n\n (v) set out information concerning the precautions to be followed in relation to the substance’s safe use.\n\nOffence—failure to supply an SDS\n\n (4) A manufacturer of a hazardous substance that the manufacturer knows, or ought reasonably to know, will be used by employees or contractors at a workplace must give a copy of the current SDS for the substance to a supplier who supplies the substance to the operator of the workplace:\n\n (a) before the substance is first supplied by the supplier to the operator; and\n\n (b) at any later time on request by the supplier.\n\nOffence—failure to review an SDS\n\n (5) A manufacturer must:\n\n (a) review an SDS:\n\n (i) within 5 years after the SDS is first issued, and afterwards at intervals of not more than 5 years; and\n\n (ii) as often as is necessary to ensure that it contains current information and is accurate in all material respects; and\n\n (b) if the SDS does not contain current information or is not accurate in all material respects—revise the SDS so that it contains current information and is accurate in all material respects.\n\n5  Safety Data Sheets—supplier’s duties\n\nOffence—failure to provide an SDS\n\n  A supplier of a hazardous substance that the supplier knows, or ought reasonably to know, will be used by employees or contractors at a workplace must give a copy of the current SDS for the substance to the operator of the workplace:\n\n (a) not later than the time at which the substance is first supplied by the supplier to the operator; and\n\n (b) at any later time on request by the operator.\n\nNote: For hazardous substances that are in use but supplied before this clause commences, see Part 6 of this instrument.\n\n6  Labelling of hazardous substances\n\nOffence—failure to label hazardous substance\n\n (1) A supplier of a hazardous substance that the supplier knows, or ought reasonably to know, will be used by employees or contractors at a workplace must ensure that, at the time of supply:\n\n (a) each container in which the hazardous substance is supplied is labelled; and\n\n (b) the label:\n\n (i) clearly identifies the hazardous substance; and\n\n (ii) sets out the name, and Australian address and telephone numbers (including an emergency number), of the manufacturer of the substance; and\n\n (iii) sets out the substance’s hazard statements and precautionary statements and any relevant health and safety information about the substance that is reasonably practicable for the supplier to provide.\n\nNote: For hazardous substances that are in use but supplied before this subclause commences, see Part 6 of this instrument.\n\n (2) Strict liability applies to subparagraph (1)(b)(i).\n\n7  Provision of information by a supplier\n\nOffence—failure to provide certain information\n\n  A supplier of a hazardous substance that the supplier knows, or ought reasonably to know, will be used by employees or contractors at a workplace must provide to the operator of the workplace, on request, information concerning the condition of the hazardous substance at the time of supply that will assist in the safe use of the substance, being information additional to the information contained in the SDS relating to the substance.\n\n","sortOrder":36},{"sectionNumber":"Div 3","sectionType":"division","heading":"Duties of an operator in relation to the use of hazardous substances","content":"Division 3—Duties of an operator in relation to the use of hazardous substances\n\n8  Prohibition on uses of hazardous substances\n\nOffence—use of hazardous substance in certain circumstances\n\n (1) An operator must ensure that a hazardous substance is not used, at a workplace under the operator’s control, in any circumstance other than one of the following:\n\n (a) bona fide research;\n\n (b) handling for storage prior to removal or disposal of the hazardous substance;\n\n (c) storage prior to removal or disposal of the hazardous substance;\n\n (d) removal or disposal of the hazardous substance in accordance with:\n\n (i) a law of a State or Territory relating to the removal of asbestos; or\n\n (ii) if no such law applies—the Asbestos model code;\n\n (e) disturbance of the hazardous substance where the substance is naturally occurring if the disturbance is incidental to operations not related to the extraction or processing of the substance, for example roadworks;\n\n (f) use (without disturbance) of the hazardous substance in products that are in situ.\n\nDefence—exemption\n\n (2) Subclause (1) does not apply to an operator in relation to a hazardous substance if:\n\n (a) the Authority grants, under subclause 23(1), an exemption to the operator in relation to the substance; and\n\n (b) the exemption has not ceased; and\n\n (c) if the exemption is subject to one or more conditions—the use of the substance is in accordance with the conditions.\n\nNote: A defendant bears an evidential burden in relation to a matter in subclause (2) (see subsection 13.3(3) of the Criminal Code).\n\n9  Use of Safety Data Sheets—offences\n\nNote: The use of an SDS will allow assessment of the risks of hazardous substances and enable any necessary controls to be established.\n\nOffence—failure to obtain an SDS\n\n (1) An operator must obtain an SDS for a hazardous substance, from the supplier who supplies the substance to the operator, not later than the time at which the substance is first supplied to the operator.\n\nNote: For hazardous substances that are in use but supplied before this subclause commences, see Part 6 of this instrument.\n\nOffence—failure to make SDS readily accessible\n\n (2) An operator must ensure that the SDS obtained for a hazardous substance is readily accessible to each of the employees and contractors who could be exposed to the substance.\n\nOffence—alteration of SDS\n\n (3) An operator must ensure that the information in each copy of an SDS under the operator’s control is not altered.\n\nDefence—alteration for certain purposes\n\n (4) Subclause (3) does not apply to the extent that the operator changes the appearance of an SDS only for one or more of the following purposes:\n\n (a) to make the format of the SDS consistent with the format described in the Model Code of Practice: Preparation of safety data sheets for hazardous chemicals published by Safe Work Australia as it exists at the time this Schedule commences;\n\n (b) to allow the SDS to be prepared for dissemination by electronic means;\n\n (c) to allow the operator to attach to the SDS additional information that is marked clearly as not forming part of the information given by the supplier;\n\n (d) to translate the SDS into a language other than the language in which the SDS was given to the operator.\n\nNote 1: A defendant bears an evidential burden in relation to the matter mentioned in subclause (4) (see subsection 13.3(3) of the Criminal Code).\n\nNote 2: For paragraph (a), the Model Code of Practice: Preparation of safety data sheets for hazardous chemicals could in 2026 be viewed on Safe Work Australia’s website (https://www.safeworkaustralia.gov.au).\n\n10  Use of labels\n\nNote: The purpose of labels is to ensure that the contents of a container used for hazardous substances can be readily identified by product name and to draw the attention of a person who is using the substance to any significant hazards involved.\n\nOffence—hazardous substances not correctly labelled\n\n (1) Subject to subclause (4), an operator must ensure that:\n\n (a) each container that holds a hazardous substance used at a workplace under the operator’s control, including a container supplied to or produced at the workplace, is labelled; and\n\n (b) the label either:\n\n (i) is in accordance with paragraph 6(1)(b), unless subparagraph (ii) of this paragraph applies; or\n\n (ii) if the container is a container into which a hazardous substance is decanted—sets out the substance’s product name and the substance’s hazard statements and precautionary statements; and\n\n (c) a person does not remove, deface, modify or alter the label.\n\n (2) Strict liability applies to subparagraph (1)(b)(i).\n\nOffence—hazardous substance label removed\n\n (3) Subject to subclause (4), an operator must ensure that a container that contains a hazardous substance is labelled until:\n\n (a) the substance is removed from the container; and\n\n (b) the container is cleaned to the extent that it no longer contains the hazardous substance.\n\nDefence—label not required in certain circumstance\n\n (4) Subclauses (1) and (3) do not apply in relation to a hazardous substance if:\n\n (a) the hazardous substance is decanted into a container; and\n\n (b) the hazardous substance is used up immediately after being decanted; and\n\n (c) the operator ensures that the container is immediately cleaned to the extent that it no longer contains the hazardous substance.\n\nNote: A defendant bears an evidential burden in relation to the matter in subclause (4) (see subsection 13.3(3) of the Criminal Code).\n\n11  Register of hazardous substances\n\nNote: A register provides, at a minimum, a listing of all hazardous substances used at a workplace and the SDS for each such substance. It may also include notations on the completion of assessments, assessment reports, details of instruction and training and monitoring results.\n\n A register is a source of information and a tool to manage substances at a workplace.\n\nOffence—register not kept and maintained\n\n (1) An operator must ensure that a register is kept and maintained, at each workplace under the operator’s control, for hazardous substances that are used at the workplace.\n\nOffence—register does not include certain information\n\n (2) The operator must ensure that the register includes at least the following information:\n\n (a) a list of all hazardous substances used at the workplace;\n\n (b) a copy of the SDS obtained for each hazardous substance.\n\nOffence—register is not readily accessible\n\n (3) The operator must ensure that the register is readily accessible by all persons who could be exposed to a hazardous substance at the workplace.\n\n12  Provision of information about enclosed hazardous substances\n\nOffence—failure to disclose and identify hazardous substance\n\n  If a hazardous substance is contained in an enclosed system (including, for example, a pipe, a piping system, a process vessel or a reactor vessel), the operator that controls the enclosed system must ensure that:\n\n (a) the existence of the hazardous substance is disclosed to all persons who could be exposed to the hazardous substance; and\n\n (b) the hazardous substance is identified clearly to those persons.\n\n13  Risk assessment for hazardous substances\n\nNote: The purpose of a risk assessment for a hazardous substance is to enable decisions to be made about appropriate control measures, induction and training, atmospheric monitoring and health surveillance commensurate with the level of risk that arises from use of a hazardous substance at workplaces.\n\nOffence—failure to undertake risk assessment\n\n (1) An operator must ensure that:\n\n (a) an assessment is made of the risks to health caused by work that involves potential exposure to a hazardous substance used at a workplace under the operator’s control; and\n\n (b) the assessment is in accordance with subclauses (3), (4) and (5).\n\n (2) Strict liability applies to paragraph (1)(b).\n\nRequirements of risk assessment\n\n (3) An assessment must be undertaken:\n\n (a) before the introduction of a hazardous substance; and\n\n (b) before introducing or changing a workplace or a work practice, or an activity or process, if the introduction or change may give rise to a risk to health.\n\nNote: For hazardous substances that are in use but introduced before this subclause commences, see Part 6 of this instrument.\n\n (4) An assessment must include:\n\n (a) the identification of each hazardous substance that is used at work; and\n\n (b) an examination of the SDS obtained for each hazardous substance; and\n\n (c) if an SDS cannot reasonably be obtained for examination—an examination of information, equivalent to the information that is required to be included in an SDS:\n\n (i) relating to any hazard to health relating to the hazardous substance; and\n\n (ii) relating to the precautions to be followed in relation to the safe use of the hazardous substance; and\n\n (d) the identification of any risk to health, arising from exposure to each hazardous substance that is identified, of which the operator knows or could reasonably be expected to know.\n\n (5) The operator may undertake a generic risk assessment of risks to health only if:\n\n (a) the risk assessment is carried out only in relation to work:\n\n (i) that is performed using the hazardous substance; and\n\n (ii) for which the risk factors are identical in all cases; and\n\n (b) the risk assessment is designed to identify any differences in the nature of work performed using the hazardous substance that could result in a change to the risk factors associated with the performance of the work; and\n\n (c) it is not practicable for the operator to undertake a separate risk assessment for each workplace at which the hazardous substance is used.\n\nOffence—failure to note that there is no significant risk to health\n\n (6) If a risk assessment indicates that there is no significant risk to health from the use of hazardous substances at work, the operator must ensure that the register kept and maintained for the purpose of subclause 11(1) is noted to indicate that the assessment has been completed.\n\nOffence—failure to prepare report on significant risk to health\n\n (7) If a risk assessment indicates that there is a significant risk to health from the use of any hazardous substance at work, the operator must ensure that a report on the assessment (an assessment report) is prepared.\n\nNote: Assessment reports generally reflect the detail of the assessment, including setting out sufficient information to show why decisions about risks and precautions were made.\n\nOffence—failure to review risk assessment\n\n (8) An operator must review a risk assessment within 5 years after the assessment is first completed, and afterwards at intervals of not more than 5 years, to ensure that it is still valid.\n\nOffence—failure to revise a risk assessment\n\n (9) An operator must revise a risk assessment if:\n\n (a) the operator knows, or ought reasonably to know, of evidence that the assessment is no longer valid; or\n\n (b) there has been a significant change in the work to which the assessment relates.\n\nNote: If a risk assessment is revised under this subclause, the assessment report for the risk assessment may also need to be revised for the operator to comply with subclause (7).\n\nOffence—risk assessment not readily accessible\n\n (10) An operator must ensure that an assessment report is readily accessible to each of the employees or contractors of the operator who could be exposed to a hazardous substance to which the report relates.\n\n14  Risk control\n\nOffence—employee or contractor exposed to hazardous substance\n\n (1) An operator must ensure that no employee or contractor at work is exposed to an airborne concentration (measured over the length of time relevant to an exposure standard) of a hazardous substance, in the breathing zone of the employee or contractor, at a level that exceeds the exposure standard.\n\nOffence—failure to prevent or minimise risk of exposure\n\n (2) An operator must ensure, on the basis of a risk assessment carried out under clause 13, that exposure to a hazardous substance is:\n\n (a) prevented; or\n\n (b) if it is not reasonably practicable to prevent the exposure—adequately controlled in order to minimise the risks to health caused by the substance.\n\nOffence—failure to take all reasonably practicable steps to prevent or control exposure (other than PPE)\n\n (3) An operator must take all reasonably practicable steps to prevent or control exposure to a hazardous substance by measures other than the provision of personal protective equipment.\n\nOffence—failure to provide PPE where risk of exposure cannot be prevented or adequately controlled in other reasonably practicable ways\n\n (4) If measures undertaken in accordance with subclause (3) do not prevent, or provide adequate control of, exposure of an employee or a contractor to a hazardous substance, the operator must, in addition to taking the measures, make available to the employee or contractor suitable personal protective equipment that will adequately control the employee’s or contractor’s exposure to the hazardous substance.\n\nOffence—failure to maintain engineering controls, safe work practices or PPE\n\n (5) An operator must ensure that engineering controls, safe work practices and personal protective equipment that are used to prevent or control exposure to a hazardous substance are properly maintained and used.\n\n15  Atmospheric monitoring\n\nNote: Monitoring may be used to determine the effectiveness of control measures.\n\nOffence—failure to undertake atmospheric monitoring when required\n\n (1) If a risk assessment carried out under clause 13 indicates that atmospheric monitoring should be undertaken at a workplace, the operator who controls the workplace must undertake monitoring using procedures that are suitable for measuring exposure to the hazardous substance that is subject to monitoring.\n\nOffence—failure to record results of atmospheric monitoring in register\n\n (2) The operator must ensure that the results of the atmospheric monitoring are recorded in the register kept and maintained for the purpose of subclause 11(1).\n\nOffence—failure to give or make readily accessible records of atmospheric monitoring\n\n (3) The operator must ensure that:\n\n (a) an employee or a contractor who has been, or could be, exposed to a hazardous substance that is subject to atmospheric monitoring is given the results of the monitoring; and\n\n (b) the records of atmospheric monitoring are readily accessible to that employee or contractor at all reasonable times.\n\n16  Health surveillance\n\nNote: Health surveillance can assist in minimising the risk to health from hazardous substances by confirming that the absorbed dose is below the acceptable level, by indicating biological effects requiring reduction of exposure and by collecting data to evaluate the effects of exposure.\n\nOffence—failure to provide health surveillance in accordance with risk assessment\n\n (1) An operator must provide health surveillance to an employee or contractor who has been identified, in a risk assessment carried out under clause 13, as at risk of exposure to a hazardous substance if:\n\n (a) there is a significant risk to the health of the employee or contractor from the hazardous substance; and\n\n (b) subclause (2) of this clause applies.\n\n (2) For the purposes of paragraph (1)(b), this subclause applies if:\n\n (a) the operator knows, or ought reasonably to know, that:\n\n (i) there is an identifiable disease or other effect on health that may occur as a result of the exposure; and\n\n (ii) under the particular conditions of work there is a reasonable likelihood that the disease or other effect on health may occur as a result of the exposure; and\n\n (iii) there are valid techniques for detecting an indication of the disease or other effect on health; or\n\n (b) there is a valid biological monitoring procedure available and reasonable likelihood that accepted values may be exceeded.\n\n (3) To avoid doubt, for the purposes of subclause (1), the prosecution bears the legal burden of proving the matter in paragraph (2)(a) or (b).\n\nOffence—failures relating to conduct of health surveillance\n\n (4) The operator must ensure that:\n\n (a) the health surveillance is performed under the supervision of a legally qualified medical practitioner who is competent in the requisite testing or medical examinations for the substance; and\n\n (b) the health surveillance includes the following procedures:\n\n (i) collecting or recording of occupational and demographic data;\n\n (ii) medical interview;\n\n (iii) keeping records of personal exposure; and\n\n (c) the operator consults the employee or contractor on the selection of a medical practitioner to supervise the health surveillance.\n\nOffence—failure to notify or explain results of health surveillance\n\n (5) If an employee or a contractor undergoes health surveillance, the operator must ensure that:\n\n (a) the employee or contractor is notified of the results of the surveillance as soon as practicable; and\n\n (b) the employee or contractor is given any necessary explanation of the results of the surveillance; and\n\n (c) the Inspectorate is notified of any adverse result detected in the health surveillance that is consistent with exposure to the hazardous substance.\n\nOffence—failure to respond to adverse results\n\n (6) If an operator is advised by a medical practitioner of an adverse result detected in the health surveillance of an employee or a contractor that is consistent with exposure to a hazardous substance, the operator must, as soon as practicable:\n\n (a) revise any assessment of the employee’s or contractor’s exposure to the substance; and\n\n (b) take the steps that are necessary to comply with the requirements of this Schedule.\n\nOffence—failure to keep records confidential\n\n (7) An operator must ensure that:\n\n (a) records obtained by the operator as a result of health surveillance are kept as confidential records; and\n\n (b) the written consent of the employee or contractor is obtained before the records are given or shown to a person who is entitled to have access to the records other than the following:\n\n (i) the operator;\n\n (ii) the employee or contractor;\n\n (iii) a person entitled to access the records under clause 20.\n\nHealth surveillance to be undertaken at the expense of the operator\n\n (8) Health surveillance required by this clause must be undertaken at the expense of the operator.\n\n17  Instruction and training\n\nOffence—failure to provide instruction and training\n\n  An operator must ensure that:\n\n (a) employees and contractors who are likely to be exposed to a hazardous substance, and anyone supervising the employees or contractors, are trained and provided with information and instruction in:\n\n (i) the nature of the hazard associated with the substance, the process of risk assessment and the level of risk; and\n\n (ii) the control procedures associated with the use of the substance; and\n\n (iii) the need for, and proper use and maintenance of, measures to control risk; and\n\n (iv) the use, fit, testing and storage of personal protective equipment, if personal protective equipment forms a part of the measures to control risk; and\n\n (b) the instruction and training are commensurate with the level of risk to health, caused by the hazardous substance, that is assessed.\n\n18  Exposure to hazardous substances\n\nOffence—failure to notify of exposure to hazardous substance\n\n (1) If it is likely that an employee or a contractor has been exposed to a hazardous substance, the operator must, as soon as practicable, notify the employee or contractor of that exposure.\n\nOffence—failure to provide employee with statement of exposure on termination\n\n (2) Subclause (3) applies to an employee if it is likely that the employee has been, in the course of the employee’s employment, exposed to one or more hazardous substances in, or in connection with, any circumstance other than the following:\n\n (a) removal or disposal of the hazardous substance in accordance with:\n\n (i) a law of a State or Territory relating to the removal of asbestos; or\n\n (ii) if no such law applies—the Code of Practice: How to safely remove asbestos published by Safe Work Australia, as it exists at the time this Schedule commences;\n\n (b) disturbance of the hazardous substance where naturally occurring if the disturbance is incidental to operations not related to the extraction or processing of the hazardous substance, (for example, roadworks);\n\n (c) use (without disturbance) of the hazardous substance in products that are in situ.\n\nNote: For subparagraph (a)(ii), the Code of Practice: How to safely remove asbestos published by Safe Work Australia could in 2026 be viewed on Safe Work Australia’s website (https://www.safeworkaustralia.gov.au).\n\n (3) On the termination of an employee’s employment, the operator must provide the employee with a written statement that includes the following information:\n\n (a) the name of each hazardous substance to which the employee was, or was likely to have been, exposed;\n\n (b) the period of known exposure to the substance;\n\n (c) the period of likely exposure to the substance;\n\n (d) a copy of any relevant assessment report prepared under clause 13;\n\n (e) details of how and where the employee can obtain any other relevant records;\n\n (f) the advisability of having periodic health assessments and the types of tests that are relevant.\n\n19  Record keeping\n\nOffence—failure to keep records of atmospheric monitoring or health surveillance\n\n (1) If an assessment report prepared under clause 13 (other than a report to which subclause (3) of this clause applies) indicates a need for, or contains the results of, atmospheric monitoring or health surveillance, the operator to whom the report relates must keep the report, as a record:\n\n (b) for at least 30 years from the date of the last entry in the report.\n\nOffence—failure to keep report that atmospheric monitoring or health surveillance not required\n\n (2) If an assessment report prepared under clause 13 (other than a report to which subclause (3) of this clause applies) does not indicate a need for atmospheric monitoring or health surveillance, the operator to whom the report relates must keep the report, as a record:\n\n (b) for at least 5 years from the date of the last entry in the report.\n\nOffence—failure to keep record of exposures to hazardous substances\n\n (3) If an assessment report prepared under clause 13 identifies an employee or a contractor as likely to be exposed, in the course of the employee’s employment or of the contractor’s work at the workplace, to a hazardous substance in, or in connection with, a circumstance other than a circumstance mentioned in subclause 18(2), the operator to whom the report relates must:\n\n (a) keep a record of the full name, date of birth and address of the employee or contractor; and\n\n (b) keep the report, as a record:\n\n (i) in a suitable form; and\n\n (ii) for at least 30 years from the date of the last entry in the report.\n\nOffence—failure to keep record of instruction and training details\n\n (4) An operator must keep, as a record, a document that includes details of instruction and training given by the operator to an employee or a contractor for the purposes of this Schedule:\n\n (b) for at least 5 years from the date of the last entry in the document.\n\nOffence—failure to give records to the Authority before ceasing Australian operations\n\n (5) If an operator that keeps a record referred to in subclause (1), (2) or (3) ceases operation in Australia before the end of the minimum period for which the record must be kept, the operator must give the record to the Authority.\n\nOffences in this clause are of strict liability\n\n (6) An offence against subclause (1), (2), (3), (4) or (5) is an offence of strict liability.\n\nDefinition of suitable form\n\n (7) In this clause:\n\nsuitable form means:\n\n (a) a legible form in the English language; or\n\n (b) a form that is readily accessible and convertible into a legible form in the English language.\n\n20  Records to be accessible\n\nOffence—records not readily accessible to certain organisations\n\n  An operator must ensure that all records, relating to hazardous substances, that are kept by the operator under this Schedule are readily accessible by the following:\n\n (a) an emergency service;\n\n (b) the Inspectorate;\n\n (c) an inspector acting in the course of the inspector’s duties.\n\n","sortOrder":37},{"sectionNumber":"Div 4","sectionType":"division","heading":"Employees’ and contractors’ duties in relation to hazardous substances","content":"Division 4—Employees’ and contractors’ duties in relation to hazardous substances\n\n21  Duties of employees and contractors\n\nOffence—failure of employee to report matters that may affect operator’s compliance\n\n (1) An employee must report, to the operator of the employee’s workplace, any matter that may affect the operator’s compliance with the provisions of this Schedule as soon as practicable after the employee becomes aware of the matter.\n\nOffence—failure of contractor to report matters that may affect operator’s compliance\n\n (2) A contractor at a workplace must report, to the operator of the workplace, any matter that may affect the operator’s compliance with the provisions of this Schedule as soon as practicable after the contractor becomes aware of the matter.\n\n","sortOrder":38},{"sectionNumber":"Div 5","sectionType":"division","heading":"Exemptions from clause 8","content":"Division 5—Exemptions from clause 8\n\n22  Applications for exemptions\n\n (1) An operator may make an application to the Authority for an exemption from clause 8 in relation to a hazardous substance.\n\n (2) An application made under this subclause must:\n\n (b) be on the form (if any) approved by the Authority; and\n\n (c) include evidence that:\n\n (i) the use of the hazardous substance is essential to the operation of the operator’s business; and\n\n (ii) there is no reasonable alternative substance for the hazardous substance.\n\n23  Grant or refusal of exemption\n\n (1) On receipt of an application made by an operator under subclause 22(1) the Authority may, in writing:\n\n (a) grant the exemption; or\n\n (b) refuse to grant the exemption; or\n\n (c) ask the operator to give the Authority further information about the application within a reasonable period specified by the Authority.\n\n (2) If the Authority has asked for information under paragraph (1)(c), and no information has been given to the Authority within the specified period, or a longer period agreed to by the Authority before the end of the specified period, the application is taken to have been withdrawn.\n\n (3) Before granting an exemption to the operator under paragraph (1)(a), the Authority must be satisfied that:\n\n (a) the use of the hazardous substance is essential to the operation of the operator’s business; and\n\n (b) there is no reasonable alternative substance for the hazardous substance; and\n\n (c) there are no circumstances suggesting that granting the exemption would be inconsistent with the objects of this Schedule.\n\n (4) If the Authority refuses to grant an exemption, it must give the operator a written notice setting out the Authority’s decision and the reasons for the decision.\n\n24  Conditions of an exemption\n\n (1) An exemption granted under paragraph 23(1)(a) may be subject to conditions that promote the objects of this Schedule.\n\nAdding, varying and revoking conditions\n\n (2) The Authority may, by notice in writing to the operator that holds an exemption:\n\n (a) add a condition to the exemption, or vary a condition; or\n\n (b) revoke a condition.\n\n (3) The notice must include:\n\n (a) the reasons for the addition, variation or revocation; and\n\n (b) the time when the addition, variation or revocation takes effect.\n\n25  Operation of an exemption\n\n (1) An exemption granted under paragraph 23(1)(a) commences on:\n\n (a) unless paragraph (b) of this subclause applies—the day on which it is granted; or\n\n (b) a later date stated in the exemption.\n\n (2) The Authority must cancel an exemption if:\n\n (a) it is satisfied that continuing the exemption would be inconsistent with the objects of this Schedule; or\n\n (b) the operator that holds the exemption asks the Authority to cancel the exemption.\n\n (3) The Authority is not required to consult the operator that holds the exemption before cancelling it under subclause (2).\n\n (4) If the Authority cancels an exemption under paragraph (2)(a), it must give the operator a written notice setting out:\n\n (a) its decision to cancel the exemption; and\n\n (b) the reasons for cancelling the exemption; and\n\n (c) the time from which the exemption is cancelled.\n\n (5) An exemption ceases on the earlier of the following:\n\n (a) the end of the day (if any) stated in the exemption as the day when it ceases;\n\n (b) when the exemption is cancelled.\n\n26  Review of exemption decisions\n\n  Application under the Administrative Review Tribunal Act 2024 may be made to the Administrative Review Tribunal for review of the following decisions of the Authority under this Schedule:\n\n (a) a decision, under paragraph 23(1)(b), to refuse to grant an exemption;\n\n (b) a decision, under subclause 24(1), to make an exemption subject to conditions;\n\n (c) a decision, under subclause 24(2), to add a condition to, or vary or revoke a condition of, an exemption;\n\n (d) a decision, under subclause 25(2), to cancel an exemption.\n\n","sortOrder":39},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"National standards for manual handling","content":"Schedule 2—National standards for manual handling\n\n \n\n1  Objects of Schedule 2\n\n  The objects of this Schedule are:\n\n (a) to prevent the occurrence of injury, and reduce the severity of injuries, resulting from manual handling tasks; and\n\n (b) to require employers to identify, assess and control risks relating to manual handling tasks.\n\n2  Definition of manual handling\n\n  In this Schedule:\n\nmanual 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 any person, animal or thing.\n\nDivision 2—Duties of an employer\n\n3  Duties of an employer—general\n\nOffence—breach of duty—risk to employees and other people in the workplace\n\n (1) An employer that controls a workplace must ensure that:\n\n (a) the plant and the containers used at the workplace are designed, constructed and maintained to be without risk to health and safety when manually handled; and\n\n (b) the work systems involving manual handling carried out at the workplace are designed to be without risk to health and safety for the purposes of manual handling; and\n\n (c) the working environment of the workplace is designed to allow the safe performance of manual handling tasks.\n\nNote 1: This subclause addresses an employer’s duties in relation to employees, contractors and other persons at a workplace within the meaning of section 4 of the Act.\n\nNote 2: Plant is defined in section 4 of the Act to include any machinery, equipment or tool, and any component thereof.\n\nDefence\n\n (2) Subclause (1) does not apply if the employer complied with the subclause as far as reasonably practicable.\n\nNote: A defendant bears an evidential burden in relation to the matter mentioned in subclause (2) (see section 13.3 of the Criminal Code).\n\nOffence—breach of duty—risk to employees at work\n\n (3) An employer under whose control an employee performs work must ensure that:\n\n (a) the plant and the containers used by the employee are designed, constructed and maintained to be without risk to health and safety when manually handled; and\n\n (b) the work systems involving manual handling carried out by the employee are designed to be without risk to health and safety for the purposes of manual handling; and\n\n (c) the working environment of a place at which the employee performs work is designed to allow the safe performance of manual handling tasks.\n\nNote: This offence applies regardless of whether or not the work is performed at a workplace.\n\nDefence\n\n (4) Subclause (3) does not apply if the employer complied with the subclause as far as reasonably practicable.\n\nNote: A defendant bears an evidential burden in relation to the matter mentioned in subclause (4) (see section 13.3 of the Criminal Code).\n\n4  Duties of an employer—risk assessment\n\nOffence—breach of duty—risk assessment—manual handling tasks\n\n (1) An employer must ensure that:\n\n (a) a manual handling task that is likely to be a risk to health and safety is examined; and\n\n (b) the risk is assessed in accordance with subclause (2).\n\n (2) The employer must take into account as many of the following matters as are relevant in assessing a risk for the purposes of subclause (1):\n\n (a) the actions and movements involved in the task;\n\n (b) the layout of:\n\n (c) the layout of the workstation at which the task is carried out;\n\n (d) the posture and position that must be taken by each individual involved in carrying out the task;\n\n (e) the duration of the task;\n\n (f) the frequency with which the task is carried out;\n\n (g) the location of each load involved in the task;\n\n (h) the distance that a load is moved as part of the task;\n\n (i) the weight involved in the task;\n\n (j) the force required to carry out the task;\n\n (k) the characteristics of each load involved in the task;\n\n (l) the characteristics of any plant that is used in the course of carrying out the task;\n\n (m) the organisation of work at:\n\n (n) the work environment of:\n\n (o) the skills and experience of each individual involved in carrying out the task;\n\n (p) the age of each individual involved in carrying out the task;\n\n (q) the clothing worn by each individual involved in carrying out the task;\n\n (r) the special needs of each individual involved in carrying out the task;\n\n (s) if the workplace is, or is on, a vessel—the stability of the vessel;\n\n (t) any other matter that is considered relevant following any consultations relating to the assessment that are required under the Act or this instrument.\n\n (3) Strict liability applies to the physical element in paragraph (2)(t) that the consultations are required under the Act or these Regulations.\n\n5  Duties of an employer—risk control\n\nOffence—breach of duty—risk control\n\n (1) An employer must ensure that all risks to health and safety relating to carrying out a manual handling task are controlled in accordance with subclauses (3) to (5).\n\n (2) Subclause (1) does not apply if the employer complied with the subclause as far as reasonably practicable.\n\nNote: A defendant bears an evidential burden in relation to the matter mentioned in subclause (2) (see section 13.3 of the Criminal Code).\n\nRisk controls for manual handling tasks\n\n (3) The employer must:\n\n (a) subject to subclause (5)—redesign the task:\n\n (i) to eliminate or minimise the risk assessed under clause 4; or\n\n (ii) if it is not practicable to eliminate or minimise an assessed risk—to control the risk; and\n\n (b) provide appropriate training to employees involved in carrying out the task, including training in safe manual handling techniques; and\n\n (c) if possible, schedule the task for the lowest risk period of the operation.\n\nNote: For paragraph (c), for example, the period of lowest risk for a task may be when the vessel on which the task is carried out is at dock, rather than at sea.\n\n (4) If the redesign of the task in accordance with paragraph (3)(a) is reasonably practicable, but cannot be implemented within a reasonable time after a risk is identified, the employer must, as soon as practicable after identifying the risk, and until the task has been redesigned:\n\n (a) implement as many of the following measures as are appropriate to control the risk:\n\n (i) the provision of mechanical aids to manual handling;\n\n (ii) the provision of personal protective equipment;\n\n (iii) manual handling by team lifting; and\n\n (b) provide appropriate training to employees for each measure implemented under paragraph (a).\n\n (5) If it is not reasonably practicable for an employer to redesign the task in accordance with paragraph (3)(a), the employer must undertake the actions referred to in paragraphs (4)(a) and (b).\n\nDivision 3—Duties of an employee\n\n6  Duties of an employee—use of training\n\nOffence—breach of duty—tasks must be carried out in accordance with safe manual handling training\n\n (1) An employee who has been given training in safe manual handling techniques in accordance with paragraph 5(3)(b) must carry out manual handling tasks in accordance with the training.\n\n (2) Strict liability applies to the physical element in subclause (1) that the training in safe manual handling techniques is in accordance with paragraph 5(3)(b).\n\n (3) Subclause (1) does not apply if the employee complied with the subclause as far as reasonably practicable.\n\nNote: A defendant bears an evidential burden in relation to the matter mentioned in subclause (3) (see section 13.3 of the Criminal Code).\n\nOffence—breach of duty—tasks must be carried out in accordance with training implemented to address risk\n\n (4) An employee who has been given training to give effect to a measure implemented under subclause 5(4) or (5) must carry out manual handling tasks in accordance with the training.\n\n (5) Strict liability applies to the physical element in subclause (4) that the training is to give effect to a measure implemented under subclause 5(4) or (5).\n\n (6) Subclause (4) does not apply if the employee complied with the subclause as far as reasonably practicable.\n\nNote: A defendant bears an evidential burden in relation to the matter mentioned in subclause (6) (see section 13.3 of the Criminal Code).\n\n","sortOrder":40},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"National standards for confined spaces","content":"Schedule 3—National standards for confined spaces\n\n \n\nDivision 1—Preliminary\n\nNote: Under subsection 109(1) of the Act, if the Minister approves a code of practice for confined spaces, it can be used to provide practical guidance to operators.\n\n1  Objects of Schedule 3\n\n  The object of this Schedule is to minimise risks to the health of persons working in confined spaces on prescribed ships or prescribed units.\n\n2  Definitions for Schedule 3\n\n (1) In this Schedule:\n\natmospheric monitoring means continuous measurement, over an uninterrupted duration of time, of:\n\n (a) the concentration of oxygen; or\n\n (b) airborne contaminants.\n\natmospheric testing means measurement, that is not continuous, of:\n\n (a) the concentration of oxygen; or\n\n (b) airborne contaminants.\n\ncompetent person means a person who:\n\n (a) has, by a combination of training, education and experience, acquired knowledge and skills to enable the person to:\n\n (i) make an informed assessment of the likelihood of an airborne contaminant being present or subsequently arising in a confined space; or\n\n (ii) correctly perform a specific task associated with a confined space; and\n\n (b) meets any specific requirements imposed by a State or Territory law in relation to making the assessment or performing the specific task.\n\nconfined space means an enclosed space or partially enclosed space:\n\n (a) that is, or is intended to be, at normal atmospheric pressure while a person is in the space; and\n\n (b) that is not intended or designed primarily for human occupancy; and\n\n (c) within which there is a risk of one or more of the following:\n\n (i) an oxygen concentration outside the safe oxygen range;\n\n (ii) an airborne contaminant that could cause impairment, loss of consciousness or asphyxiation;\n\n (iii) a flammable airborne contaminant that could cause injury from fire or explosion;\n\n (iv) engulfment in a stored free flowing solid or a rising level of liquid that could cause suffocation or drowning;\n\nwhether or not the space has a restricted means of entry or exit.\n\ncontaminant means a dust, fume, mist, vapour, gas or biological matter or another substance in liquid or solid form, which could be harmful to persons.\n\nflammable airborne contaminant means a dust, fume, mist, vapour or gas present in the air at concentrations that can propagate a flame on contact with an ignition source.\n\nhazard means a source of potential harm.\n\nLEL has the meaning given by clause 3.\n\npermit to work has the meaning given by clause 24.\n\npersonal protective equipment means equipment used by a person for the person’s protection, including protective clothing, safety helmets, eye and face protection, hearing protection, gloves, safety footwear, lifelines, safety harnesses, breathing apparatus and respirators.\n\nrisk assessment means the process of evaluating the possibility and consequences of injury or illness arising from exposure to an identified hazard or identified hazards.\n\nrisk control means the process of managing the elimination or minimisation of the likelihood that a substance will cause harm to health in the circumstances of the substance’s use.\n\nsafe oxygen range means, under normal atmospheric pressure, a minimum oxygen content in the atmosphere of 19.5% by volume and a maximum oxygen content in the atmosphere of 23.5% by volume.\n\nstand‑by person has the meaning given by clause 20.\n\n (2) For the purposes of this Schedule, a person is taken to have entered a confined space if the person’s head or upper body is within the boundary of the confined space.\n\nNote: Inserting an arm into a confined space for the purpose of atmospheric testing or monitoring is not considered an entry into the confined space.\n\n3  Explosive limit\n\n  For the purposes of this Schedule, the LEL of a flammable contaminant is the concentration of the contaminant in air below which the propagation of a flame does not occur on contact with an ignition source.\n\nNote: A flammable contaminant has a lower explosive limit (LEL) and an upper explosive limit (UEL). This Schedule refers only to lower explosive limits.\n\nDivision 2—Duties of operators\n\nSubdivision 1—Securing confined spaces\n\n4  Entry and exit points\n\nOffence—breach of duty—securing entry points\n\n (1) The operator of a prescribed ship or prescribed unit must ensure that:\n\n (a) the entry points to a confined space are secured against unauthorised entry; and\n\n (b) if practicable—the entry points to the confined space are permanently signposted.\n\nOffence—breach of duty—entry and exit points must be unobstructed\n\n (2) The operator of a prescribed ship or prescribed unit must ensure that entry and exit points from confined spaces are not obstructed by fittings or equipment that would impede rescue.\n\nStrict liability\n\n (3) An offence against subclause (1) or (2) is an offence of strict liability.\n\n5  Work practices and confined spaces\n\nOffence—breach of duty—operator must design work practices to minimise need to enter confined spaces\n\n (1) The operator of a prescribed ship or prescribed unit must design work practices to minimise the need to enter confined spaces.\n\n6  Modifications to confined space\n\nOffence—breach of duty—modifications of confined spaces must not detrimentally affect safety\n\n (1) If a confined space on a prescribed ship or prescribed unit is to be modified, the operator of the prescribed ship or prescribed unit must modify the space in a way that does not detrimentally affect the safe means of entry to, exit from or work in the confined space.\n\n","sortOrder":41},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Hazard identification and risk assessment","content":"Subdivision 2—Hazard identification and risk assessment\n\n7  Hazard identification\n\nOffence—breach of duty—hazard identification\n\n  Before any work is undertaken in a confined space the operator of a prescribed ship or prescribed unit must ensure that a competent person identifies hazards associated with entry to, exit from or work in the confined space.\n\n8  Risk assessment\n\nOffence—breach of duty—issuing a permit without completed risk assessment and report\n\n (1) The operator of a prescribed ship or prescribed unit must not issue a permit to work for work in a confined space until a competent person has:\n\n (a) undertaken a risk assessment for the work in the confined space; and\n\n (b) prepared a written report of the risk assessment including the matters mentioned in subclause (4).\n\nNote: Clause 31 sets out the period for which the report of a risk assessment must be kept.\n\nUse of single risk assessment for multiple confined spaces\n\n (3) A risk assessment undertaken in accordance with subclause (1) may cover work in more than one confined space only if:\n\n (a) all the confined spaces are similar; and\n\n (b) the risk factors for all the confined spaces are identical.\n\nMatters to be included in a report of a risk assessment\n\n (4) A report of a risk assessment for work in one or more confined spaces must include the following matters:\n\n (a) the nature of each confined space;\n\n (b) the inherent hazards of each confined space;\n\n (c) work that is to be carried out in each confined space, including whether it is necessary to enter the confined space to carry out the work;\n\n (d) the methods by which the work can be carried out;\n\n (e) the estimated duration of the work;\n\n (f) hazards and associated risks of:\n\n (i) the method of work selected; and\n\n (ii) the equipment proposed to be used;\n\n (g) any potential hazard inside the confined space;\n\n (h) emergency response procedures;\n\n (i) the competency of persons needed to undertake the work.\n\n9  When risk assessment ceases to be valid\n\n (1) If evidence is available to the operator of a prescribed ship or prescribed unit that the report of a risk assessment does not address, or no longer addresses, the risks posed by the work in a confined space covered by the risk assessment, the risk assessment ceases to be valid.\n\nNote 1: The following are examples of evidence:\n\n(a) the installation or modification of plant;\n\n(b) change in equipment operating conditions;\n\n(c) a change in the atmosphere or occupational environment;\n\n(d) a change in working arrangements or procedures;\n\n(e) an incident that affects, or could affect, the safety of persons.\n\nNote 2: When a risk assessment ceases to be valid, any permits to work issued by the operator that relate to a confined space that was covered by the risk assessment also cease to be valid (see paragraph 27(2)(c)) until such time as the risk assessment is again valid and the permit to work is changed (see subclause 27(3)).\n\nOffence—breach of duty—review of invalid risk assessment\n\n (2) If the risk assessment ceases to be valid, the operator of the prescribed ship or prescribed unit must arrange for a competent person to review the risk assessment.\n\nOffence—breach of duty—implement review\n\n (3) After the risk assessment has been reviewed under subclause (2), the operator of the prescribed ship or prescribed unit must, in writing, make any necessary changes to the report of the risk assessment and any associated permit to work.\n\nStrict liability\n\n (4) An offence against subclause (2) or (3) is an offence of strict liability.\n\n10  When an invalid risk assessment becomes valid again\n\n  If the report of a risk assessment is changed as required by subclause 9(3), the risk assessment is taken to again be valid from the time the report is so changed.\n\n11  Atmospheric testing\n\nOffence—breach of duty—undertake atmospheric testing\n\n (1) Before a person enters or works in a confined space, the operator of a prescribed ship or prescribed unit must ensure that the atmosphere in and near the confined space is tested by a competent person.\n\nRecord of testing must be kept\n\n (2) The operator of a prescribed ship or prescribed unit must keep a record of atmospheric testing that is carried out in relation to a confined space.\n\nNote: Clause 31 sets out the period for which a record of atmospheric testing must be kept.\n\n12  Atmospheric monitoring\n\nOffence—breach of duty—undertake atmospheric monitoring in accordance with risk assessment\n\n (1) This clause applies if the report of a risk assessment for a confined space identifies risks requiring atmospheric monitoring in and near the confined space.\n\n (2) During work in the confined space the operator of a prescribed ship or prescribed unit must ensure that atmospheric monitoring in and near the confined space is conducted by a competent person in a manner consistent with the report of the risk assessment.\n\n13  Safe atmosphere\n\nOffence—breach of duty—ensuring confined space is safe before entry\n\n (1) Before a person enters a confined space, the operator of a prescribed ship or prescribed unit must ensure that:\n\n (a) the space is at normal atmospheric pressure; and\n\n (b) the level of oxygen in the confined space is within the safe oxygen range; and\n\n (c) airborne contaminants in the confined space are at a level below the relevant exposure standards; and\n\n (d) the confined space is free from extremes of temperature; and\n\n (e) the concentration of any flammable airborne contaminant is below 5% of the contaminant’s LEL.\n\n (2) Subclause (1) does not apply to an entry into a confined space for the purpose of responding to an emergency.\n\nNote: A defendant bears an evidential burden in relation to the matter mentioned in subclause (2) (see subsection 13.3(3) of the Criminal Code).\n\n","sortOrder":42},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Risk control measures","content":"Subdivision 3—Risk control measures\n\n14  Elimination or control of risk\n\nOffence—breach of duty—control risk\n\n (1) If a risk assessment identifies a risk to health or safety arising from entry to or work in a confined space, the operator of a prescribed ship or prescribed unit must:\n\n (a) eliminate the risk; or\n\n (b) if it is not reasonably practicable to eliminate the risk—take measures, in accordance with this clause, to control the risk.\n\nPriority of risk control measures\n\n (2) Risk control measures should be undertaken in the following order of priority:\n\n (a) elimination;\n\n (b) substitution;\n\n (c) isolation;\n\n (d) engineering controls;\n\n (e) administrative controls;\n\n (f) use of personal protective equipment.\n\nOffence—breach of duty—document risk control measures\n\n (3) The operator of a prescribed ship or prescribed unit must document the measures in subclause (2) that are taken to address a risk identified in a risk assessment.\n\nWhen personal protective equipment should be used\n\n (4) Personal protective equipment should be used:\n\n (a) when all of the other risk control measures (individually or in combination) have failed to adequately control the risk; or\n\n (b) in an emergency response.\n\nOffence—breach of duty—personal protective equipment is properly fitted\n\n (5) If personal protective equipment is needed for an individual, the operator of a prescribed ship or prescribed unit must ensure that it is fitted to suit the individual.\n\n15  Using purging agent\n\nOffence—breach of duty—use of purging agent\n\n  If a confined space must be cleared of an airborne contaminant, the operator of a prescribed ship or prescribed unit must ensure that:\n\n (a) the contaminant is removed by using a suitable purging agent; and\n\n (b) the purging agent is not pure oxygen or a gas mixture with an oxygen content greater than 21% by volume.\n\n16  Gas used for ventilation purposes\n\nOffence—breach of duty—oxygen content in gas used for a ventilation purpose\n\n  The operator of a prescribed ship or prescribed unit must ensure that gas used for ventilation purposes is not pure oxygen or a gas mixture with an oxygen content greater than 21% by volume.\n\n17  Isolating hazardous services\n\nOffence—breach of duty—positively isolate all potentially hazardous services before entry to a confined space\n\n (1) An operator of a prescribed ship or prescribed unit must ensure that, before a person enters or works in a confined space, all potentially hazardous services including all process services normally connected to that space are positively isolated in order to prevent:\n\n (a) the introduction of materials, contaminants, agents or conditions harmful to persons in the confined space; and\n\n (b) the activation or energising of equipment or services which could pose a risk to the health or safety of persons within the confined space.\n\n (2) In this clause:\n\nprocess services includes hot water pipes, sewer pipes and gas pipes.\n\n18  Flammable airborne contaminants\n\nOffence—breach of duty—ensure flammable airborne contaminant and oxygen concentrations are below certain levels\n\n (1) Before a person enters a confined space where a flammable contaminant is present in the atmosphere the operator of a prescribed ship or prescribed unit must ensure that:\n\n (a) the concentration of any flammable airborne contaminant is less than 5% of the contaminant’s LEL; and\n\n (b) the oxygen content of the atmosphere is no more than 23.5%.\n\n (2) Subclause (1) does not apply to entry into a confined space for the purpose of responding to an emergency.\n\nNote: A defendant bears an evidential burden in relation to the matter mentioned in subclause (2) (see subsection 13.3(3) of the Criminal Code).\n\nOffence—breach of duty—remove persons from and monitor a confined space at certain concentrations of flammable contaminant\n\n (3) If, after 1 or more persons have entered and are working in a confined space, the concentration of a flammable contaminant in the atmosphere of the confined space is found to be 5%, or greater than 5% and less than 10%, of the contaminant’s LEL, the operator of a prescribed ship or prescribed unit must ensure that:\n\n (a) the person or persons are removed from the confined space; or\n\n (b) there is continuous monitoring with a suitably calibrated detector for the flammable contaminant in the confined space at all times when the person or persons are present in the confined space.\n\nOffence—breach of duty—remove persons from a confined space\n\n (4) The operator of a prescribed ship or prescribed unit must ensure that all persons are removed from a confined space if the concentration of a flammable contaminant in the atmosphere of the confined space is found to be 10% or greater of the contaminant’s LEL.\n\n19  Supplied‑air respiratory equipment\n\n (1) Subclause (2) applies if, after all risk control measures have been undertaken for a confined space:\n\n (a) the oxygen content in the atmosphere in the confined space is 19.5% or less; or\n\n (b) the airborne contaminants in the confined space cannot be reduced to a level below the relevant exposure standards.\n\nOffence—breach of duty—ensure a person is equipped with supplied air respiratory equipment\n\n (2) The operator of a prescribed ship or prescribed unit must ensure that a person does not enter or work in the confined space unless the person is equipped with supplied‑air respiratory equipment that is:\n\n (a) maintained in a proper working condition; and\n\n (b) fitted to suit the person.\n\n20  Stand‑by person\n\nOffence—breach of duty—provide stand‑by person\n\n  If a risk assessment identifies a risk to health or safety arising from entry to or work in a confined space, the operator of a prescribed ship or prescribed unit must ensure that at least one competent person (a stand‑by person):\n\n (a) is near the confined space when it is occupied for work; and\n\n (b) can:\n\n (i) if practicable, see each person in the confined space; and\n\n (ii) be in continuous communication with each person in the confined space; and\n\n (iii) communicate with the officer of the watch; and\n\n (iv) operate and monitor equipment used to ensure safety during work in the confined space; and\n\n (v) initiate emergency response arrangements.\n\n21  Equipment to be provided\n\nOffence—breach of duty—provide equipment required by permit to work\n\n (1) The operator of a prescribed ship or prescribed unit must provide the equipment identified in a permit to work in a confined space as necessary for work in the confined space.\n\nOffence—breach of duty—provide accessible and suitable equipment\n\n (2) The operator of a prescribed ship or prescribed unit must ensure that equipment provided for entry to or work in the confined space is:\n\n (a) accessible; and\n\n (b) suitable for the work to be carried out.\n\n (3) An offence against subclause (2) is an offence of strict liability.\n\n22  Equipment—maintenance\n\nOffence—breach of duty—maintain equipment\n\n (1) The operator of a prescribed ship or prescribed unit must ensure that equipment provided for use in, or in connection with, entry to or work in a confined space or during an emergency response is maintained as fit for the purpose for which it was provided.\n\nRecord of maintenance to be kept\n\n (2) The operator of a prescribed ship or prescribed unit must make a record of the maintenance of the equipment.\n\nNote: Clause 31 sets out the period for which the record must be kept.\n\n23  Emergency and first aid procedures\n\nOffence—breach of duty—document and make available emergency and first aid procedures\n\n (1) The operator of a prescribed ship or prescribed unit must ensure that emergency and first aid procedures appropriate to a confined space are in a written document available to all persons who may enter or work in the confined space.\n\nNote: Clause 31 sets out the period for which the document must be kept.\n\nOffence—breach of duty—ensure emergency procedures are practiced\n\n (2) The operator of a prescribed ship or prescribed unit must ensure that a person who may enter or work in a confined space has practised the emergency procedures before the person enters or works in the confined space.\n\nOffence—breach of duty—provide information before emergency response\n\n (3) The operator of a prescribed ship or prescribed unit must ensure that before a person, who will be involved in an emergency response in a confined space, enters the confined space, the person is informed about:\n\n (a) the nature of the emergency; and\n\n (b) the content of the permit to work in the confined space; and\n\n (c) the hazards and the risks identified in the risk assessment for the confined space.\n\nDivision 3—Permit to work\n\n24  Permit to work\n\n (1) A permit to work, for a confined space, is a document, issued by the operator of a prescribed ship or prescribed unit, that identifies the following:\n\n (a) the location of the confined space;\n\n (b) the person who has direct control of entry to or work in the confined space;\n\n (c) the work to be conducted in the confined space;\n\n (d) the hazards in the confined space;\n\n (e) the risk control measures necessary for safe entry and work in the confined space;\n\n (f) the persons required to enter or work in the confined space;\n\n (g) the period of validity of the permit;\n\n (h) if one or more stand‑by persons is required—the number of stand‑by persons required;\n\n (i) equipment required for work in the confined space, including equipment for the following purposes:\n\n (i) personal protection;\n\n (ii) emergencies;\n\n (iii) rescue;\n\n (iv) first aid;\n\n (v) communication;\n\n (vi) fire suppression;\n\n (vii) ventilation;\n\n (viii) lifting;\n\n (ix) lighting.\n\n (2) The operator of a prescribed ship or prescribed unit must keep a record of all persons who both:\n\n (a) are permitted to enter or work in a confined space under a permit to work; and\n\n (b) enter into and exit from the confined space.\n\nNote: Clause 31 sets out the period for which:\n\n(a) a permit to work must be kept; and\n\n(b) a record mentioned in this subclause must be kept.\n\n25  Operator’s duty—permit to work required for entry to or work in confined space\n\nOffences—breach of operator duties relating to permits to work in confined spaces\n\n (1) The operator of a prescribed ship or prescribed unit must ensure that no person enters or works in a confined space unless there is a valid permit to work for the confined space.\n\n (2) The operator of a prescribed ship or prescribed unit must ensure that no person enters or works in a confined space unless the person is identified on a valid permit to work as a person who may work in the confined space.\n\n (3) The operator of a prescribed ship or prescribed unit must ensure that before a person enters the confined space the person is informed about the content of the permit to work for the confined space.\n\n (4) Subclauses (1) to (3) do not apply to an entry to or work in a confined space for the purpose of responding to an emergency.\n\nNote: A defendant bears an evidential burden in relation to the matter mentioned in subclause (4) (see subsection 13.3(3) of the Criminal Code).\n\n26  Employee’s duty—entry to or work in confined space\n\nOffences—breach of employee duties relating to entry or work in confined spaces\n\n (1) An employee must not enter a confined space unless the employee is identified on a valid permit to work for the confined space as a person who may enter the confined space.\n\n (2) An employee must not work in a confined space unless the employee is identified on a valid permit to work for the confined space as a person who may work in the confined space.\n\n (3) An employee must carry out work in a confined space in accordance with the employee’s training.\n\n (4) An employee must carry out work in a confined space in accordance with the requirements of the permit to work for the confined space.\n\n (5) An employee must report to the operator of a prescribed ship or prescribed unit any matter, including defects in equipment, that may affect the operator’s compliance with the provisions of this Schedule as soon as practicable after becoming aware of the matter.\n\nOffences are of strict liability\n\n  (6) An offence against subclause (1), (2), (3), (4) or (5) is an offence of strict liability.\n\n (7) Subclauses (1), (2) and (4) do not apply to an entry to or work in a confined space for the purpose of responding to an emergency.\n\nNote: A defendant bears an evidential burden in relation to the matter mentioned in subclause (7) (see subsection 13.3(3) of the Criminal Code).\n\n27  When a permit to work is valid\n\n (1) A permit to work is valid when issued if it relates to a confined space for which a risk assessment under clause 8 has been completed and is valid.\n\nWhen a permit to work ceases to be valid\n\n (2) A permit to work ceases to be valid if:\n\n (a) the permit expires; or\n\n (b) the permit is withdrawn under clause 28; or\n\n (c) the risk assessment for the confined space to which the permit relates ceases to be valid under clause 9; or\n\n (d) there is a change:\n\n (i) in who has direct control of entry to or work in the confined space; or\n\n (ii) in the work permitted under the permit; or\n\n (e) there is a break in work continuity.\n\nWhen an invalid permit becomes valid again\n\n (3) A permit to work that has ceased to be valid under paragraph (2)(c) becomes valid again at the time that:\n\n (a) the risk assessment to which the permit relates becomes valid again under clause 10; and\n\n (b) the permit is changed as required by subclause 9(3).\n\n","sortOrder":43},{"sectionNumber":"28","sectionType":"section","heading":"Withdrawal of permit to work","content":"28  Withdrawal of permit to work\n\n (1) The operator of a prescribed ship or prescribed unit may withdraw a permit to work after ensuring that:\n\n (a) work in the confined space has ceased; and\n\n (b) all persons have left the confined space.\n\nOffence—failure to provide acknowledgement before withdrawal\n\n (2) The operator of a prescribed ship or prescribed unit must, before withdrawing a permit to work, acknowledge in writing that:\n\n (a) work in the confined space has ceased; and\n\n (b) all persons have left the confined space.\n\n","sortOrder":44},{"sectionNumber":"29","sectionType":"section","heading":"Effect of a permit ceasing to be valid","content":"29  Effect of a permit ceasing to be valid\n\nOffence—failure to evacuate and secure a confined space\n\n  If a permit to work ceases to be valid, the operator of a prescribed ship or prescribed unit must ensure that:\n\n (a) the confined space is evacuated; and\n\n (b) the entrance to the confined space is closed or secured to prevent re‑entry until there is again a valid permit to work for work in the confined space.\n\nDivision 4—Training\n\n","sortOrder":45},{"sectionNumber":"30","sectionType":"section","heading":"Requirement for training","content":"30  Requirement for training\n\nOffence—failure to provide general training\n\n (1) The operator of a prescribed ship or prescribed unit must provide general training on the following matters for all persons who are required to work in or on a prescribed ship or prescribed unit:\n\n (a) the nature of confined spaces;\n\n (b) hazard identification and risk assessment procedures for confined spaces;\n\n (c) the requirements of a permit to work;\n\n (d) the role of a stand‑by person.\n\nOffence—failure to provide specific training\n\n (2) The operator of a prescribed ship or prescribed unit must provide specific training on the following matters to persons who might enter or work in a confined space or are responsible for direct control of work in the confined space:\n\n (a) safety equipment;\n\n (b) risk control measures;\n\n (c) emergency response procedures.\n\nOffence—failure to ensure role‑specific training\n\n (3) The operator of a prescribed ship or prescribed unit must ensure that each person who performs any of the following roles in relation to a confined space, receives specific training in the performance of that role:\n\n (a) hazard identification;\n\n (b) risk assessment;\n\n (c) atmospheric testing and monitoring;\n\n (d) the role of a stand‑by person.\n\nOperator must keep records of training\n\n (4) For all training provided the operator of a prescribed ship or prescribed unit must make a written record of the following matters:\n\n (a) the name of the training course;\n\n (b) if the course is registered or accredited by a statutory body, government department, educational institution or other organisation—the name of the statutory body, government department, educational institution or organisation;\n\n (c) if the course is not registered or accredited by a statutory body, government department, educational institution or other organisation:\n\n (i) an outline of the course’s contents; and\n\n (ii) its duration; and\n\n (iii) the names, qualifications and experience of persons providing the training;\n\n (d) names of persons who received training and the dates of attendance;\n\n (e) competencies attained by the trained persons.\n\nNote: Clause 31 sets out the period for which records must be kept.\n\nDivision 5—Records\n\n","sortOrder":46},{"sectionNumber":"31","sectionType":"section","heading":"Period for which records must be kept","content":"31  Period for which records must be kept\n\nOffence—failure to keep records\n\n (1) The operator of a prescribed ship or prescribed unit must keep the records mentioned in column 1 of an item in the table in subclause (2) for the period mentioned in column 2 of the item.\n\n \n\n|  | This record … | must be kept for … |\n| --- | --- | --- |\n| Item | Column 1 | Column 2 |\n| 1 | the report of a risk assessment and associated documents as the assessment and documents exist immediately before a time the risk assessment ceases to be valid  (see clause 8) | 5 years after the time the risk assessment ceased to be valid (as mentioned in column 1 of this item) |\n| 2 | a record of atmospheric testing  (see clause 11) | 5 years |\n| 3 | a record of maintenance of equipment  (see clause 22) | 5 years |\n| 4 | a document of emergency and first aid procedures appropriate to a confined space  (see clause 23) | 5 years after the document was last made available |\n| 5 | a permit to work as it exists immediately before a time the permit ceases to be valid  (see clause 24) | 30 days after the time when it ceased to be valid |\n| 6 | a record of all persons who both:<br>(a) are permitted to enter or work in a confined space under a permit to work; and<br>(b) enter into and exit from the confined space  (see clause 24) | 5 years after a time when the permit to work ceased to be valid |\n| 7 | a record of training   (see clause 30) | 5 years after the end of the period of employment of the person who received the training |\n\n","sortOrder":47},{"sectionNumber":"32","sectionType":"section","heading":"Records must be available for inspection","content":"32  Records must be available for inspection\n\nOffence—failure to make records available to an inspector on request\n\n (1) The operator of a prescribed ship or prescribed unit must ensure that a record mentioned in the table in subclause 31(2) is made available to an inspector on request by the inspector.\n\nRecords to be made available to employee\n\n (2) The operator of a prescribed ship or prescribed unit must ensure that a record mentioned in the table in subclause 31(2) is made available to an employee to whom the record relates on request by the employee.\n\n","sortOrder":48},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Forms","content":"Schedule 4—Forms\n\n(Note: see sections 10 and 12)\n\n \n\nForm 1—Provisional improvement notice\n\n(section 10)\n\n \n\nProvisional improvement notice\n\nTo the person in command of (insert name of prescribed ship or prescribed unit)\n\nI, (insert name of the health and safety representative issuing the notice), selected as the health and safety representative under section 41 of the Occupational Health and Safety (Maritime Industry) Act 1993 for (insert name of the prescribed ship or prescribed unit), after consultation in accordance with subsection 57(1) of the Act, believe that the following contravention of the Act or Regulations is occurring, or has occurred and is likely to occur again:\n\nThe contravention is (give a brief description)\n\n \n\nThe contravention is occurring at (specify location)\n\n \n\nThe reasons for my opinion are as follows:  (give reasons briefly)\n\n \n\nIn accordance with paragraph 58(2)(c) of the Act, action necessary to prevent the contravention, or the likely contravention, of the provision or provisions referred to above must be taken before (insert the date of a day that is:\n\n (a) not less than 7 days after the day when the notice is issued; and\n\n (b) reasonable in the opinion of the health and safety representative).\n\n \n\n \n\n(page 2 of Form 1)\n\n \n\nIn that period, the following action should be taken in accordance with subsection 58(3) of the Act:  (give a brief description)\n\n \n\n \n\nDated\n\n \n\n(signature)\n\nHealth and safety representative\n\n \n\n1.  Under subsection 59(1) of the Act, a person to whom a provisional improvement notice is given may, within 7 days, request the Inspectorate or an inspector to conduct an investigation into the subject matter of the notice.\n\n2.  Under subsection 59(2) of the Act, the operation of a provisional improvement notice is suspended if a request is made for an investigation into the subject matter of the notice. The suspension remains in effect until an inspector makes a determination that confirms, varies or cancels the notice.\n\n3.  Subsection 60(1) of the Act requires the person in command to whom a provisional improvement notice is given:\n\n • to notify each employee who is affected by the notice of the fact that the notice has been issued; and\n\n • to display a copy of the notice at or near each workplace at which work that is the subject of the notice is being performed.\n\n(page 3 of Form 1)\n\n4.  Under subsection 60(2) of the Act, a provisional improvement notice ceases to have effect if:\n\n • it is cancelled by the health and safety representative or an inspector; or\n\n • the person in command, or a person who is given a copy of the notice under subsection 58(5), takes the action specified in the notice or, if no action is specified, takes the action that is necessary to prevent the contravention, or likely contravention, with which the notice is concerned.\n\n5. Section 61 of the Act requires the person in command:\n\n • to ensure, as far as practicable, that a provisional improvement notice is complied with; and\n\n • to inform the health and safety representative who issued the notice of the action taken to comply with the notice.\n\n6. Under subsection 100(2) of the Act, if an inspector has confirmed or varied a provisional improvement notice the following persons may request the Fair Work Commission in writing to review the decision of the inspector:\n\n • the person in command;\n\n • the person to whom the notice was given by the person in command under subsection 58(5) of the Act;\n\n • a health and safety representative for a designated work group that includes an employee who is affected by the decision, or an involved union for such a designated work group;\n\n7. Under subsection 100(3) of the Act, if an inspector has cancelled a provisional improvement notice the following persons may request the Fair Work Commission in writing to review the decision of the inspector:\n\n • a health and safety representative for the designated work group that includes an employee who is affected by the decision, or an involved union for such a designated work group;\n\nForm 2—Notice of removal of plant or sample\n\n(paragraph 12(a))\n\n \n\nNotice of removal of plant or sample\n\nTo the person in command of (insert name of prescribed ship or prescribed unit)/owner of (insert description of item removed) (select appropriate person)\n\nand (insert name of health and safety representative for the prescribed ship or prescribed unit)\n\nI, (insert name of inspector), an inspector appointed under section 84 of the Occupational Health and Safety (Maritime Industry) Act 1993, in the course of conducting an investigation under section 87 of the Act, have taken possession of:\n\n(insert description of item removed)\n\nfrom (insert name of the prescribed ship or prescribed unit) located at (insert location of ship or unit)\n\nThe reason for this action is:\n\n(give explanation of why removal of item was necessary)\n\n \n\nDated: (insert date)\n\n \n\n1. Subsection 91(3) of the Act requires the person in command of the prescribed ship or prescribed unit to display this notice in a prominent place on the ship or unit from which the item was removed.\n\n(page 2 of Form 2)\n\n2. Under subsection 100(2) of the Act, any of the following persons (among others) may request the Fair Work Commission in writing to review the inspector’s decision:\n\n • a health and safety representative for a designated work group that includes an employee affected by the decision, or an involved union for such a designated work group;\n\nForm 3—Do not disturb notice\n\n(paragraph 12(b))\n\n \n\nDo not disturb notice\n\nTo the person in command of (insert name of the prescribed ship or prescribed unit)\n\nI, (insert name of inspector), an inspector appointed under section 84 of the Occupational Health and Safety (Maritime Industry) Act 1993, direct that:\n\n(insert name of the prescribed ship or prescribed unit, or part of the ship or unit, or of the plant, substance or thing, that is affected)\n\nis not to be disturbed during the period from hours\n\nto hours on (date).\n\nThe reasons for issuing this notice are:\n\n(give reasons briefly)\n\nDated: (insert date)\n\n \n\n(see notes over)\n\n(page 2 of Form 3)\n\n1. Subsection 92(4) of the Act requires the person in command of the prescribed ship or prescribed unit to display this notice in a prominent place on the ship or unit.\n\n2. Under subsection 92(6) of the Act, if the operator of the prescribed ship or prescribed unit does not ensure that the notice is complied with, the operator may be liable for a fine not exceeding 250 penalty units (if the operator is an individual), or not exceeding 1,250 penalty units (if the operator is a body corporate).\n\n3. Under subsection 100(2) of the Act, any of the following persons (among others) may request the Fair Work Commission in writing to review the inspector’s decision to issue a prohibition notice:\n\n • a health and safety representative for a designated work group that includes an employee affected by the decision, or an involved union for such a designated work group;\n\nForm 4—Prohibition notice\n\n(paragraph 12(c))\n\n \n\nProhibition notice\n\nTo the person in charge of (insert name of prescribed ship or prescribed unit)\n\nI, (insert name of inspector), an inspector appointed under section 84 of the Occupational Health and Safety (Maritime Industry) Act 1993, am of the opinion that activity being undertaken on (insert name of prescribed ship or prescribed unit) is of a kind that immediately threatens the health and safety of a person.\n\nI therefore PROHIBIT the following activity or activities:\n\n(specify prohibited activity or activities)\n\n* Action that may be taken that will be adequate to remove the threat to health and safety of the person is:\n\n(if insufficient space, use additional page or pages)\n\n \n\nSigned:  (signature of inspector)\n\n \n\nDate:  (insert date)\n\n \n\n[* Omit if inapplicable]\n\n \n\n(see notes over)\n\n(page 2 of Form 4)\n\n1. Section 96 of the Act requires the person in command of the prescribed ship or prescribed unit to give a copy of this notice to the health and safety representative on the ship or unit and to display a copy of this notice in a prominent place on the ship or unit.\n\n2. Under subsection 93(5) of the Act, if the operator of the prescribed ship or prescribed unit does not ensure that the notice is complied with, the operator may be liable to a fine not exceeding 250 penalty units (if the operator is an individual), or not exceeding 1,250 penalty units (if the operator is a body corporate).\n\n3. This notice ceases to have effect when the inspector notifies the person in command that the inspector is satisfied that the operator has taken adequate action to remove the threat to health and safety.\n\n4. Under subsection 100(2) of the Act, any of the following persons (among others) may request the Fair Work Commission to review the inspector’s decision to issue a prohibition notice:\n\n • a health and safety representative for a designated work group that includes an employee affected by the decision, or an involved union for such a designated work group;\n\n5. Under subsection 100(3) of the Act, any of the following persons may request Fair Work Commission to review the inspector’s decision that adequate action has been taken to remove the threat to health and safety:\n\n • a health and safety representative for a designated workgroup that includes an employee affected by the decision, or an involved union for such a designated work group;\n\nForm 5—Improvement notice\n\n(paragraph 12(d))\n\n \n\nImprovement notice\n\nTo the person in command of (insert name of prescribed ship or prescribed unit)\n\nI, (insert name of inspector), an inspector appointed under section 84 of the Occupational Health and Safety (Maritime Industry) Act 1993, am satisfied that (insert name of person responsible for the contravention) is contravening, or has contravened and is likely to continue to contravene, section               of the Act or section              of the Occupational Health and Safety (Maritime Industry) Regulations on (insert name of prescribed ship or prescribed unit).\n\n \n\nThe reasons for my opinion are:  (give a brief description of contravention)\n\n \n\nYou are required to take action within (insert number) days of the date of this notice to prevent any further contravention or likely contravention of that section.\n\n*The following action must be taken by the person in command within the period specified above:  (if insufficient space, use additional page or pages)\n\n \n\n \n\nDate: (insert date)\n\n \n\n[* Omit if inapplicable]\n\n(page 2 of Form 5)\n\nReturn this portion of the notice (when the required improvement has been completed) to:\n\nName:\n\n Position:\n\n Address:\n\n Telephone:\n\nImprovement Notice No. has been complied with.\n\nSigned:\n\n \n\nThis notice was delivered to: (insert name)\n\nin the office/position of: (insert office/position)\n\nat: (insert time)  hours on: (insert date)\n\n(See notes over)\n\n \n\n(page 3 of Form 5)\n\n1. Subsection 99(1) of the Act requires the person in command of the prescribed ship or prescribed unit to give a copy of this notice to the health and safety representative on the ship or unit and to display a copy of this notice in a prominent place on the ship or unit.\n\n2. If this notice relates to any plant, substance or thing that is owned by a person other than the operator, subsection 99(2) of the Act requires the inspector to give a copy of this notice to the owner.\n\n3. Under subsection 98(5) of the Act, if the person in command of the prescribed ship or prescribed unit does not ensure that this notice is complied with, the person in command may be liable to a fine not exceeding 100 penalty units.\n\n4. Under subsection 100(2) of the Act, any of the following persons (among others) may request the Fair Work Commission to review the inspector’s decision:\n\n • a health and safety representative for a designated work group that includes an employee affected by the decision, or an involved union for such a designated work group;\n\nSchedule 5—Repeals\n\n \n\n1  Repeal of instruments\n\nRepeal the following instruments:\n\nOccupational Health and Safety (Maritime Industry) (National Standards) Regulations 2003\n\nOccupational Health and Safety (Maritime Industry) Regulations 1995\n\n \n","sortOrder":49}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":862},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation maintains its original scope as a maritime-specific OHS regulation. While it consolidates and modernises three national standards (hazardous substances, manual handling, confined spaces), this represents an update rather than scope expansion. The core purpose — protecting health and safety of maritime workers — remains unchanged from the 1995 and 2003 instruments being repealed."},"complexity_factors":["Multiple nested schedules (5) with their own divisions, subdivisions, and clause numbering systems","Extensive cross-referencing between the Act, Regulations, and external documents (Safe Work Australia codes, International Maritime Dangerous Goods Code)","Conditional logic throughout: offence/defence structures with evidential burdens, 'if practicable' qualifiers, and tiered risk control hierarchies","47+ defined terms across the instrument including technical definitions (e.g., 'serious personal injury', 'exposure standard', 'confined space')","Transitional provisions with parallel validity rules for old and new regulatory frameworks","Strict liability offences mixed with fault-based offences requiring careful parsing","Multiple record-keeping periods (5 years, 30 years, 30 days) depending on document type","Permit-to-work system with complex validity rules including cascading invalidation (risk assessment → permit → revalidation chain)"],"plain_english_summary":"## What this legislation does\n\nThis is a **complete rewrite** of workplace health and safety rules for Australia's maritime industry — covering ships, oil rigs, and other sea-based workplaces. It replaces two older sets of regulations from 1995 and 2003.\n\n### Who it affects\n- **Operators** (companies running ships and offshore facilities)\n- **Employees** (seafarers, offshore workers)\n- **Contractors** working on maritime workplaces\n- **Manufacturers and suppliers** of hazardous materials used at sea\n\n### The three big safety areas\n\n**1. Hazardous substances (Schedule 1)**\n- Bans most uses of **asbestos** (all six types) with limited exceptions for research, removal, or undisturbed \"in situ\" materials\n- Requires **Safety Data Sheets** (SDS) for dangerous chemicals — manufacturers must prepare them, suppliers must provide them, operators must keep them accessible\n- Mandates **risk assessments** before introducing hazardous substances\n- Requires **atmospheric monitoring**, **health surveillance** (medical check-ups), and **training** for workers exposed to hazardous substances\n- Records must be kept for **30 years** for health surveillance and exposure records\n\n**2. Manual handling (Schedule 2)**\n- Employers must assess risks of lifting, carrying, pushing, pulling — considering 20+ factors including posture, weight, vessel stability, and sea conditions\n- Must redesign tasks to eliminate risks where possible, provide mechanical aids and training where not\n- Employees must follow their training\n\n**3. Confined spaces (Schedule 3)**\n- Strict **permit-to-work system** for entering dangerous enclosed spaces (tanks, holds, pipes)\n- Requires **competent persons** to identify hazards and conduct risk assessments\n- Mandates **atmospheric testing** before entry — oxygen must be 19.5-23.5%, toxic gases below exposure limits, flammable gases below 5% of explosive limit\n- Requires **stand-by persons** outside for communication and rescue\n- Emergency procedures must be documented and practiced\n\n### Incident reporting\n- **4 hours** to notify the Inspectorate of accidents/dangerous occurrences\n- **72 hours** to submit full written report\n- **5 years** to keep incident records\n\n### Transitional arrangements\nOld risk assessments, permits, and Safety Data Sheets from the 2003 regulations remain valid under the new rules, with specific conversion mechanisms.\n\n### Why it matters\nMaritime work is inherently dangerous — confined spaces, heavy lifting, hazardous chemicals, and isolation from medical help. These rules create a comprehensive safety net with clear duties, mandatory documentation, and significant penalties (up to 10 penalty units, roughly $2,750, per offence)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This instrument broadens and modernises the operational scope compared with the older instruments it repeals (Schedules 5; Part 6 transitional mapping). Concretely:\n\n- It consolidates and updates technical national standards into three extensive Schedules with more prescriptive duties on SDS management, labelling, registers and long‑term record‑keeping (including 30‑year retention for some exposure/health records) (Schedule 1 clauses 4–5, 19).\n- It imposes stricter procedural and timing requirements for incident notification and reporting (electronic‑only notice within 4 hours; full report within 72 hours), narrowing previous flexibility on how and when reports could be submitted (Sections 15–16).\n- It creates a detailed permit‑to‑work regime and attendant validity, withdrawal and record rules for confined spaces that are more prescriptive than many legacy regulatory frameworks (Schedule 3 clauses 24–29 and 31–32).\n- It enlarges the regulator’s administrative role by formalising an exemption application, conditioning and cancellation process and by tying technical thresholds to external model codes and international standards (Schedule 1 clauses 22–26; clause 8).\n\nOverall, the instrument moves from higher‑level obligations to detailed, technical, and process‑oriented regulation that increases the compliance footprint and centralises technical decision‑points with the Authority and with external standard‑setters."},"complexity_factors":["Contains 5 Schedules including three detailed national standards (Schedules 1–3) with many subclauses and cross references","Large number of defined terms in clause 5 plus further defined terms in each Schedule (e.g. many technical definitions in Schedule 1 clause 3 and Schedule 3 clause 2)","Multiple offence provisions with differing penalties (many 10 penalty‑unit offences and 5 penalty‑unit offences)","Many strict liability offences spread across the instrument (explicitly noted in numerous clauses)","Cross‑references to external instruments and standards (Safe Work Australia exposure standards and codes; IMDG Code; Australian Code for Transport of Dangerous Goods) creating external dependence","Numerous conditional rules and nested exceptions (e.g. exemptions process for hazardous substances; defences for emergency or reasonable excuse; permit validity linked to risk assessment validity)","Detailed, differing record‑keeping timeframes (30 years, 5 years, 30 days, etc.) across clauses and Schedules","Transitional provisions mapping prior 1995/2003 regulations into the new format with conversions of MSDS to SDS, risk assessments and exemptions (Part 6)","Technical measurement and monitoring requirements (exposure standards, atmospheric testing, LEL percentages) requiring specialist expertise","Many procedural requirements and prescribed forms (Schedule 4), plus mandatory electronic notification channels and tight time limits (4 hours for notification, 72 hours for full report)"],"plain_english_summary":"**What this instrument does (mechanics first)**\n\n- Replaces earlier maritime OHS regulations and sets detailed rules that apply to occupational health and safety on prescribed ships and prescribed units. (Schedule 5 repeals earlier 1995/2003 instruments.)\n- Establishes three detailed \"national standards\" covering hazardous substances (Schedule 1), manual handling (Schedule 2) and confined spaces (Schedule 3). These Schedules set duties, offence provisions and record‑keeping requirements for manufacturers, suppliers, operators, employers, employees and contractors. (See Schedules 1–3; section 19.)\n- Requires specific forms and processes for workplace safety notices, inspector actions and representative elections (Schedules 4; Parts 2–3). Examples: provisional improvement notices (Form 1), prohibition and improvement notices (Forms 4 and 5). (Sections 9–13; Schedule 4.)\n- Prescribes incident notification and reporting procedures: an initial electronic notification to the Inspectorate within 4 hours of becoming aware of an incident, and a full written report within 72 hours. Postal notices are not permitted. (Section 15(5)–(6); section 16(5)–(6).)\n- Prescribes sample handling, evidence preservation and limits on disturbing accident sites (including a penalty for wrongful disturbance). (Sections 11, 13.)\n- Creates an exemption process administered by the Authority for limited uses of hazardous substances otherwise prohibited by the rules. The Authority may grant, condition, vary or cancel exemptions; decisions can be reviewed at the Administrative Review Tribunal. (Clauses 22–26 of Schedule 1.)\n- Sets out detailed record‑keeping durations and access rules: records of some atmospheric monitoring, health surveillance and exposure assessments must be kept for up to 30 years; other records for 5 years or specified shorter periods. Records must be accessible to emergency services, the Inspectorate and affected workers. (Schedule 1 clauses 19–20; Schedule 3 clauses 31–32.)\n- Prescribes duties relating to permits for confined‑space entry (content, validity, withdrawal and when permits must cease to be valid), atmospheric testing/monitoring and emergency arrangements. (Schedule 3 clauses 24–29 and related clauses on testing/monitoring.)\n\n**Who this affects**\n\n- Operators of prescribed ships and prescribed units: primary duty‑holders for compliance with the Schedules, notification and reporting rules, record keeping and permit systems (see definitions and multiple clauses in Schedules 1–3).\n- Employers and employees/contractors working on those ships/units: obligations on training, carrying out tasks according to instruction and reporting matters that affect compliance (Schedule 2 clause 6; Schedule 1 clause 21; Schedule 3 clauses 30, 26).\n- Manufacturers and suppliers of hazardous substances: duties to prepare and supply current Safety Data Sheets (SDS), to label containers and to provide safety information (Schedule 1 clauses 4–7).\n- Inspectors and the Inspectorate: powers and prescribed forms for sampling, seizing items, issuing notices and requiring records (Parts 3–4; Schedule 4).\n- Safe Work Australia and external standards bodies: the Regulations tie to external model codes and exposure standards (referenced in clause 8 and Schedule 1 clause 3), so those bodies’ published standards determine technical thresholds.\n\n**Why it matters (official purpose and then practical implications)**\n\n- The instrument is presented as updating and standardising maritime OHS by specifying the practices, documentation and controls needed to manage risks from hazardous substances, manual handling and confined spaces (Schedules 1–3). That is the stated object. (See Schedule 1 clause 1; Schedule 2 clause 1; Schedule 3 clause 1.)\n\n- Testing that claim against incentives, costs and trade‑offs:\n  - Compliance costs concentrate on operators: they must maintain registers and SDSs, conduct and review detailed risk assessments, undertake monitoring and health surveillance where indicated, provide training, and keep long‑term records (some for 30 years). These activities create administrative, training and medical‑examination costs. (Schedule 1 clauses 11, 13, 15–19; Schedule 3 clauses 31–32.)\n  - Employers face potential criminal liability (penalty units) and a large number of strict liability offences (where the physical elements carry strict liability), which increases regulatory risk and may raise reliance on documented procedures and defensive practices. (See many penalty notices in Schedules 1–3; strict liability flags in multiple clauses such as Schedule 1 clause 4(2), Schedule 3 clauses 4(3), 5(2), 6(2), 8(2), 9(4).)\n  - The regulations limit discretion for operators in key areas (electronic‑only incident notification, set timeframes, mandatory permit systems for confined spaces, mandatory health surveillance where criteria are met). This standardisation reduces ambiguity but increases operational constraints and potential for enforcement actions if paperwork or timing lapses. (Sections 15–16; Schedule 3 clauses 24–29; Schedule 1 clauses 16(8), 19(8).)\n  - The Authority gains administrative control through exemption powers (granting, conditioning, cancelling) and procedural controls (forms, electronic reporting). That centralised decision‑making creates a single point for bespoke relief but also empowers the Authority to impose conditions and cancellations without consultation in some circumstances. (Schedule 1 clauses 22–25.)\n  - Tying technical thresholds to external publications (Safe Work Australia exposure standards, model codes and international conventions like the IMDG Code) transfers technical standard‑setting to those bodies; operators must track updates to those external instruments to remain compliant. (Clause 8; Schedule 1 clause 3.)\n\n**Who pays, who decides, what behaviour changes**\n\n- Who pays: operators and employers bear the bulk of ongoing compliance costs: preparing and keeping SDSs and registers, performing risk assessments, engineering controls, monitoring, health surveillance (explicitly at the operator’s expense—Schedule 1 clause 16(8)), training, and long‑term records storage. Manufacturers/suppliers bear the duty to prepare and supply SDSs and correct labelling (Schedule 1 clauses 4–6). Inspections and enforcement are paid through usual government Inspectorate budgets.\n\n- Who decides: the operator (or employer) must decide how to comply day‑to‑day (risk assessments, controls, permits). The Authority (the regulator established under the Act) decides exemption applications, conditions and cancellations. Inspectors decide on notices, sampling and whether to inspect a site. Safe Work Australia and other standard bodies supply the technical exposure standards and codes that define many obligations (clause 8; Schedule 1 clause 3).\n\n- Expected behaviour changes: operators will need to formalise hazardous substance registers and SDS access, move to electronic incident notifications, introduce or tighten permit‑to‑work systems for confined spaces, run and document risk assessments and reviews on prescribed cycles (typically 5 years), enlarge training and record‑keeping practices, and plan for health surveillance where indicated. Non‑compliance can attract monetary penalties and strict liability offences.\n\n**Implementation and compliance risks, and substitution/unintended effects to watch for**\n\n- Administrative burden and record costs may be concentrated on smaller operators with limited administrative capacity; long record retention (30 years for some health/monitoring records) increases archival costs and privacy management obligations (Schedule 1 clause 19).\n- Strict liability offences and tight reporting deadlines (4 hours for initial notice) incentivise conservative behaviour, including increased defensive reporting and reliance on formal processes, which may raise short‑term administrative work during incidents. (Sections 15–16; many strict liability clauses.)\n- Operators will need to monitor external instrument updates (Safe Work Australia guidance, IMDG code) to avoid inadvertent non‑compliance because the Regulations incorporate those documents by reference. (Clause 8; Schedule 1 clause 3.)\n- The exemption regime concentrates ability to permit otherwise prohibited uses with conditions; that creates scope for administrative delays or uncertainty in operations that rely on rare or legacy substances. (Schedule 1 clauses 22–26.)\n\n**Key cross‑references and technical anchors**\n\n- The instrument is made under the Occupational Health and Safety (Maritime Industry) Act 1993 (section 3) and repeatedly references external technical standards published by Safe Work Australia and international codes (clause 8; Schedule 1 clause 3)."},"summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument consolidates and updates the occupational health and safety regulations for the maritime industry, replacing the 1995 and 2003 regulations. It does not change the primary Act."},"complexity_factors":["Dense legislative structure with multiple schedules and cross-references","Technical terminology for hazardous substances, exposure standards and confined space safety","Detailed duty holder chains (manufacturers, suppliers, operators, employers, employees, contractors)","Transitional provisions bridging old and new regulations"],"plain_english_summary":"The regulations consolidate and update occupational health and safety rules under the 1993 Act for Australia’s maritime industry, replacing prior instruments. They impose duties on operators, employers, employees and contractors on regulated ships and units—addressing hazardous substances (limited to the six forms of asbestos), manual handling, confined spaces, and stricter incident reporting (notify within 4 hours; full report in 72 hours). If you operate on, work on, or supply substances to regulated vessels or units, these rules directly affect your legal obligations."}},"importantCases":[],"_links":{"self":"/api/acts/occupational-health-and-safety-maritime-industry-regulations-2026","history":"/api/acts/occupational-health-and-safety-maritime-industry-regulations-2026/history","analysis":"/api/acts/occupational-health-and-safety-maritime-industry-regulations-2026/analysis","conflicts":"/api/acts/occupational-health-and-safety-maritime-industry-regulations-2026/conflicts","importantCases":"/api/acts/occupational-health-and-safety-maritime-industry-regulations-2026/important-cases","documents":"/api/acts/occupational-health-and-safety-maritime-industry-regulations-2026/documents"}}