{"id":"work-health-and-safety-national-uniform-legislation-regulations-2011","name":"WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2011","slug":"work-health-and-safety-national-uniform-legislation-regulations-2011","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179262,"registerId":"nt-work-health-and-safety-national-uniform-legislation-regulations-2011-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 6","sectionType":"division","heading":"Duties of persons conducting businesses or","content":"Division 6 Duties of persons conducting businesses or\nundertakings that install, construct or\ncommission plant or structures\n201 Duties of persons conducting businesses or undertakings that\ninstall, construct or commission plant .......................................... 155\n202 Duties of persons conducting businesses or undertakings that\ninstall, construct or commission structures .................................. 156\nDivision 7 General duties of a person conducting a\nbusiness or undertaking involving the\nSubdivision 1 Management of risks\n203 Management of risks to health and safety ................................... 157\n204 Control of risks arising from installation or commissioning .......... 157\n205 Preventing unauthorised alterations to or interference with\nplant ............................................................................................. 159\n206 Proper use of plant and controls .................................................. 159\n207 Plant not in use ............................................................................ 160\n208 Guarding ...................................................................................... 160\n209 Guarding and insulation from heat and cold ................................ 162\n210 Operational controls .................................................................... 163\n211 Emergency stops ......................................................................... 164\n212 Warning devices .......................................................................... 165\n213 Maintenance and inspection of plant ........................................... 165\n214 Powered mobile plant – general control of risk ............................ 166\n215 Powered mobile plant – specific control measures ...................... 166\n216 Roll-over protection on tractors.................................................... 168\n218 Industrial lift trucks ....................................................................... 169\n219 Plant that lifts or suspends loads ................................................. 170\n220 Exception – plant not specifically designed to lift or suspend a\nperson ......................................................................................... 172\n221 Plant used in connection with tree lopping................................... 173\n222 Industrial robots ........................................................................... 173\n223 Lasers .......................................................................................... 174\n224 Pressure equipment .................................................................... 176\n225 Scaffolds ...................................................................................... 177\n226 Plant with presence-sensing safeguarding system – records ...... 179\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 x\nPart 5.2 Additional duties relating to registered\nplant and plant designs\n227 Application of Part 5.2 ................................................................. 180\nDivision 2 Duty of person conducting a business or\nundertaking who designs plant to record plant\n228 Records and information.............................................................. 181\n229 Record of standards or engineering principles used.................... 181\n230 Records to be available for inspection ......................................... 182\nDivision 3 Duties of a person conducting a business or\n231 Duty of persons conducting businesses or undertakings that\nmanufacture plant ........................................................................ 183\n232 Duty of persons conducting businesses or undertakings that\nimport plant .................................................................................. 183\n233 Duty of persons conducting businesses or undertakings that\nsupply plant ................................................................................. 183\n234 Duty of persons conducting businesses or undertakings that\ncommission plant ......................................................................... 184\nDivision 4 Duties of a person conducting a business or\nundertaking involving the management or\ncontrol of plant\n235 Major inspection of registered mobile cranes and tower cranes .. 184\n236 Lifts .............................................................................................. 186\n237 Records of plant .......................................................................... 187\nSubdivision 2 Control measures for amusement devices and\npassenger ropeways\n238 Operation of amusement devices and passenger ropeways ....... 188\n239 Storage of amusement devices and passenger ropeways .......... 189\n240 Maintenance, inspection and testing of amusement devices\nand passenger ropeways............................................................. 190\n241 Annual inspection of amusement devices and passenger\nropeways ..................................................................................... 190\n242 Logbook and manuals for amusement devices ........................... 192\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 xi\nPart 5.3 Registration of plant designs and items of\n243 Plant design to be registered ....................................................... 193\n244 Altered plant designs to be registered ......................................... 193\n245 Recognition of designs registered by corresponding regulator .... 194\nDivision 2 Items of plant to be registered\n246 Items of plant to be registered ..................................................... 194\n247 Recognition of plant registered by corresponding regulator ........ 194\n248 Application of Division 3 .............................................................. 194\n249 Who can apply to register a plant design ..................................... 195\n250 Application for registration ........................................................... 195\n251 Design verification statement....................................................... 196\n252 Who can be the design verifier .................................................... 196\n253 Duty of design verifier .................................................................. 196\n254 Design verification statements not to be made in certain\ncircumstances.............................................................................. 197\n255 Additional information .................................................................. 197\n256 Decision on application ................................................................ 197\n257 Refusal of registration – process ................................................. 198\n258 Conditions of registration ............................................................. 199\n259 Duration of registration of plant design ........................................ 199\n260 Plant design registration number ................................................. 200\n261 Registration document ................................................................. 201\n262 Registration document to be available......................................... 201\n263 Disclosure of design information.................................................. 202\n264 Application of Division 4 .............................................................. 202\n265 Who can apply to register an item of plant................................... 202\n266 Application for registration ........................................................... 202\n267 When is a person competent to inspect plant .............................. 203\n268 Additional information .................................................................. 204\n269 Decision on application ................................................................ 204\n270 Refusal of registration – process ................................................. 205\n271 Conditions of registration ............................................................. 206\n272 Duration of registration ................................................................ 206\n273 Plant registration number ............................................................ 206\n274 Registration document ................................................................. 207\n275 Registration document to be available......................................... 208\n276 Regulator may renew registration ................................................ 208\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 xii\n277 Application for renewal ................................................................ 208\n278 Registration continues in force until application is decided .......... 209\n279 Decision on application ................................................................ 209\n280 Status of registration during review ............................................. 210\nDivision 5 Changes to registration and registration\ndocuments\n281 Application of Division ................................................................. 210\n282 Changes to information ............................................................... 211\n283 Amendment of registration imposed by regulator ........................ 211\n284 Amendment on application by registration holder ........................ 212\n285 Minor corrections to registration .................................................. 214\n286 Regulator to give amended registration document ...................... 214\n287 Registration holder to return registration document ..................... 214\n288 Replacement registration document ............................................ 214\n288A Application of Division ................................................................. 215\n288B Regulator may cancel registration ............................................... 216\n288C Cancellation process ................................................................... 216\n288D Registration holder to return registration document ..................... 217\n289 Meaning of construction work ...................................................... 218\n290 Meaning of structure .................................................................... 219\n291 Meaning of high risk construction work ........................................ 220\n292 Meaning of construction project ................................................... 221\n293 Meaning of principal contractor.................................................... 221\nPart 6.2 Duties of designer of structure and person\nwho commissions construction work\n294 Person who commissions work must consult with designer ........ 222\n295 Designer must give safety report to person who commissions\ndesign .......................................................................................... 222\n296 Person who commissions project must give information to\nprincipal contractor ...................................................................... 223\nPart 6.3 Duties of person conducting business or\n297 Management of risks to health and safety ................................... 224\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 xiii\n298 Security of workplace .................................................................. 224\nDivision 2 High risk construction work – safe work\nmethod statements\n299 Safe work method statement required for high risk\nconstruction work......................................................................... 225\n300 Compliance with safe work method statement ............................ 226\n301 Safe work method statement – copy to be given to principal\ncontractor..................................................................................... 226\n302 Review of safe work method statement ....................................... 227\n303 Safe work method statement must be kept.................................. 227\n304 Excavation work – underground essential services information .. 228\n305 Management of risks to health and safety associated with\nexcavation work ........................................................................... 230\n306 Additional controls – trenches...................................................... 231\n307 Application of Part 6.4 ................................................................. 232\n308 Specific control measure – signage identifying principal\ncontractor..................................................................................... 232\n309 WHS management plan – preparation ........................................ 233\n310 WHS management plan – duty to inform ..................................... 234\n311 WHS management plan – review ................................................ 234\n312 High risk construction work – safe work method statements ....... 235\n313 Copy of WHS management plan must be kept ............................ 235\n314 Further health and safety duties – specific regulations ................ 237\n315 Further health and safety duties – specific risks .......................... 237\nDivision 1 General construction induction training\n316 Duty to provide general construction induction training ............... 238\n317 Duty to ensure worker has been trained ...................................... 238\n318 Recognition of general construction induction training cards\nissued in other jurisdictions.......................................................... 239\n319 Issue of card ................................................................................ 239\n320 Content of card ............................................................................ 240\n321 Replacement card ....................................................................... 241\n322 Refusal to issue or replace card .................................................. 241\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 xiv\n323 Cancellation of card – grounds .................................................... 242\n324 Cancellation of card – process .................................................... 242\n326 Duties of workers ......................................................................... 243\n327 Alteration of general construction induction training card ............ 243\n328 Application of Part 7.1 ................................................................. 245\nDivision 2 Obligations relating to safety data sheets and\nother matters\n329 Classification of hazardous chemicals ......................................... 247\n330 Manufacturer or importer to prepare and provide safety data\nsheets .......................................................................................... 248\n331 Safety data sheets – research chemical, waste product or\nsample for analysis ...................................................................... 249\n332 Emergency disclosure of chemical identities to registered\nmedical practitioner ..................................................................... 249\n333 Emergency disclosure of chemical identities to emergency\nservice worker ............................................................................. 250\n334 Packing hazardous chemicals ..................................................... 251\n335 Labelling hazardous chemicals.................................................... 251\n336 Restriction on age of person who can supply hazardous\nchemicals..................................................................................... 253\n337 Retailer or supplier packing hazardous chemicals....................... 253\n338 Supplier labelling hazardous chemicals ....................................... 254\n339 Supplier to provide safety data sheets......................................... 254\n340 Supply of prohibited and restricted carcinogens .......................... 256\nSubdivision 3 Obligations of persons conducting businesses\nor undertakings\n341 Labelling hazardous chemicals – general requirement................ 257\n342 Labelling hazardous chemicals – containers ............................... 258\n343 Labelling hazardous chemicals – pipe work ................................ 260\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 xv\n344 Person conducting business or undertaking to obtain and give\naccess to safety data sheets ....................................................... 261\n345 Changes to safety data sheets .................................................... 263\n346 Hazardous chemicals register ..................................................... 264\n347 Manifest of hazardous chemicals ................................................ 265\n348 Regulator must be notified if manifest quantities to be\nexceeded ..................................................................................... 267\n349 Outer warning placards – requirement to display ........................ 269\n350 Placard – requirement to display ................................................. 269\nDivision 5 Control of risk – obligations of persons\nSubdivision 1 General obligations relating to management of\nrisk\n351 Management of risks to health or safety ...................................... 270\n352 Review of control measures ........................................................ 271\n353 Safety signs ................................................................................. 272\n354 Identification of risk of physical or chemical reaction ................... 273\n355 Specific control – fire and explosion ............................................ 274\n356 Keeping hazardous chemicals stable .......................................... 274\n357 Containing and managing spills ................................................... 275\n358 Protecting hazardous chemicals from damage ............................ 276\n359 Fire protection and fire fighting equipment .................................. 277\n360 Emergency equipment ................................................................. 278\n361 Emergency plans ......................................................................... 279\n362 Safety equipment......................................................................... 279\n363 Control of risks from storage or handling systems ....................... 280\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 xvi\n364 Containers for hazardous chemicals used, handled or stored\nin bulk .......................................................................................... 281\n365 Stopping use and disposing of handling systems ........................ 281\n366 Stopping use of underground storage and handling systems ...... 282\n367 Notification of abandoned tank .................................................... 283\n368 Duty to provide health monitoring ................................................ 284\n369 Duty to inform of health monitoring .............................................. 285\n370 Duty to ensure that appropriate health monitoring is provided..... 285\n371 Duty to ensure health monitoring is supervised by registered\nmedical practitioner with experience............................................ 286\n372 Duty to pay costs of health monitoring ......................................... 286\n373 Information that must be provided to registered medical\npractitioner ................................................................................... 287\n374 Duty to obtain health monitoring report ........................................ 287\n375 Duty to give health monitoring report to worker ........................... 288\n376 Duty to give health monitoring report to regulator ........................ 289\n377 Duty to give health monitoring report to relevant persons\nconducting businesses or undertakings ....................................... 289\n378 Health monitoring records............................................................ 290\nDivision 7 Induction, information, training and\nsupervision\n379 Duty to provide supervision ......................................................... 290\n380 Using, handling and storing prohibited carcinogens .................... 291\n381 Using, handling and storing restricted carcinogens ..................... 291\n382 Using, handling and storing restricted hazardous chemicals ....... 292\n383 Application for authorisation to use, handle or store prohibited\nand restricted carcinogens........................................................... 292\n384 Authorisation to use, handle or store prohibited carcinogens\nand restricted carcinogens........................................................... 293\n385 Changes to information in application to be reported .................. 294\n386 Regulator may cancel authorisation ............................................ 294\n387 Statement of exposure to be given to workers............................. 294\n388 Records to be kept ...................................................................... 295\n389 Management of risk by pipeline owner ........................................ 296\n390 Pipeline builder's duties ............................................................... 297\n391 Management of risks to health and safety by pipeline operator ... 298\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 xvii\n392 Meaning of lead process ............................................................. 299\n393 Regulator may decide lead process ............................................ 301\n394 Meaning of lead risk work ............................................................ 301\n394A Meaning of transitional period...................................................... 301\n395 Duty to give information about health risks of lead process ......... 302\n396 Containment of lead contamination ............................................. 303\n397 Cleaning methods........................................................................ 303\n398 Prohibition on eating, drinking and smoking ................................ 304\n399 Provision of changing and washing facilities................................ 304\n400 Laundering, disposal and removal of personal protective\nequipment .................................................................................... 305\n401 Review of control measures ........................................................ 307\n402 Identifying lead risk work ............................................................. 308\n403 Notification of lead risk work ........................................................ 309\n404 Changes to information in notification of lead risk work ............... 310\n405 Duty to provide health monitoring before first commencing\nlead risk work............................................................................... 311\n406 Duty to ensure that appropriate health monitoring is provided..... 312\n407 Frequency of biological monitoring .............................................. 312\n408 Duty to ensure health monitoring is supervised by registered\nmedical practitioner with relevant experience .............................. 315\n409 Duty to pay costs of health monitoring ......................................... 315\n410 Information that must be provided to registered medical\npractitioner ................................................................................... 316\n411 Duty to obtain health monitoring report ........................................ 317\n412 Duty to give health monitoring report to worker ........................... 318\n413 Duty to give health monitoring report to regulator ........................ 318\n414 Duty to give health monitoring report to relevant persons\nconducting businesses or undertakings ....................................... 319\n415 Removal of worker from lead risk work ........................................ 319\n416 Duty to ensure medical examination if worker removed from\nlead risk work............................................................................... 320\n417 Return to lead risk work after removal ......................................... 321\n418 Health monitoring records............................................................ 322\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 xviii\n419 Work involving asbestos or ACM – prohibitions and exceptions.. 324\n420 Exposure to airborne asbestos at workplace ............................... 325\nPart 8.3 Management of asbestos and associated\nrisks\n421 Application of Part 8.3 ................................................................. 326\n422 Asbestos to be identified or assumed at workplace ..................... 326\n423 Analysis of sample....................................................................... 327\n424 Presence and location of asbestos to be indicated...................... 328\n425 Asbestos register ......................................................................... 328\n426 Review of asbestos register......................................................... 329\n427 Access to asbestos register ......................................................... 330\n428 Transfer of asbestos register by person relinquishing\nmanagement or control ................................................................ 331\n429 Asbestos management plan ........................................................ 331\n430 Review of asbestos management plan ........................................ 333\nPart 8.4 Management of naturally occurring\nasbestos\n431 Naturally occurring asbestos ....................................................... 334\n432 Asbestos management plan ........................................................ 334\n433 Review of asbestos management plan ........................................ 336\n434 Training in relation to naturally occurring asbestos...................... 336\n435 Duty to provide health monitoring ................................................ 337\n436 Duty to ensure that appropriate health monitoring is provided..... 338\n437 Duty to ensure health monitoring is supervised by registered\nmedical practitioner with relevant experience .............................. 338\n438 Duty to pay costs of health monitoring ......................................... 339\n439 Information that must be provided to registered medical\npractitioner ................................................................................... 340\n440 Duty to obtain health monitoring report ........................................ 340\n441 Duty to give health monitoring report to worker ........................... 341\n442 Duty to give health monitoring report to regulator ........................ 342\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 xix\n443 Duty to give health monitoring report to relevant persons\nconducting businesses or undertakings ....................................... 342\n444 Health monitoring records............................................................ 343\n445 Duty to train workers about asbestos .......................................... 344\n446 Duty to limit use of equipment ..................................................... 345\n447 Application of Part 8.6 ................................................................. 346\n448 Review of asbestos register......................................................... 346\n449 Duty to give asbestos register to person conducting business\nor undertaking of demolition or refurbishment ............................. 347\n450 Duty to obtain asbestos register .................................................. 347\n451 Determining presence of asbestos or ACM ................................. 347\n452 Identification and removal of asbestos before demolition ............ 349\n453 Identification and removal of asbestos before demolition of\nresidential premises ..................................................................... 350\n454 Emergency procedure ................................................................. 350\n455 Emergency procedure – residential premises.............................. 351\n456 Identification and removal of asbestos before refurbishment....... 352\n457 Refurbishment of residential premises ........................................ 353\n458 Duty to ensure asbestos removalist is licensed ........................... 353\n459 Asbestos removal supervisor must be present or readily\navailable ...................................................................................... 354\n460 Asbestos removal worker must be trained ................................... 355\n461 Licensed asbestos removalist must keep training records .......... 356\n462 Duty to give information about health risks of licensed\nasbestos removal work ................................................................ 356\n463 Asbestos removalist must obtain register .................................... 357\n464 Asbestos removal control plan..................................................... 357\n465 Asbestos removal control plan to be kept and available .............. 358\n466 Regulator must be notified of asbestos removal .......................... 359\n467 Licensed asbestos removalist must inform certain persons\nabout intended asbestos removal work ....................................... 361\n468 Person with management or control of workplace must inform\npersons about asbestos removal work ........................................ 362\n469 Signage and barricades for asbestos removal work .................... 363\n470 Limiting access to asbestos removal area ................................... 364\n471 Decontamination facilities ............................................................ 365\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 xx\n472 Disposing of asbestos waste and contaminated personal\nprotective equipment ................................................................... 366\n473 Clearance inspection ................................................................... 368\n474 Clearance certificates .................................................................. 368\nPart 8.8 Asbestos removal requiring Class A\nasbestos removal licence\n475 Air monitoring – asbestos removal requiring Class A asbestos\nremoval licence............................................................................ 370\n476 Action if respirable asbestos fibre level too high .......................... 372\n477 Removing friable asbestos .......................................................... 373\n478 Application of Part 8.9 ................................................................. 375\n479 Uncertainty as to presence of asbestos....................................... 376\n480 Duty to give information about health risks of asbestos-related\nwork ............................................................................................. 376\n481 Asbestos-related work to be in separate area ............................. 377\n482 Air monitoring .............................................................................. 377\n483 Decontamination facilities ............................................................ 378\n484 Disposing of asbestos waste and contaminated personal\nprotective equipment ................................................................... 379\nPart 8.10 Licensing of asbestos removalists and\nasbestos assessors\nDivision 1 Asbestos removalists – requirement to be\nlicensed\n485 Requirement to hold Class A asbestos removal licence .............. 381\n486 Exception to requirement to hold Class A asbestos removal\nlicence ......................................................................................... 382\n487 Requirement to hold Class B asbestos removal licence .............. 382\n488 Recognition of asbestos removal licences in other jurisdictions .. 383\nDivision 2 Asbestos assessors – requirement to be\nlicensed\n489 Requirement to hold asbestos assessor licence.......................... 383\n490 Recognition of asbestos assessor licences in other\njurisdictions .................................................................................. 383\n491 Who may apply for a licence........................................................ 384\n492 Application for asbestos removal licence or asbestos assessor\nlicence ......................................................................................... 384\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 xxi\n493 Content of application – Class A asbestos removal licence ........ 386\n494 Content of application – Class B asbestos removal licence ........ 386\n495 Content of application – asbestos assessor licence .................... 387\n496 Additional information .................................................................. 387\n497 Decision on application ................................................................ 388\n498 Class A asbestos removal licence – regulator to be satisfied\nabout additional matters .............................................................. 389\n499 Class B asbestos removal licence – regulator to be satisfied\nabout additional matters .............................................................. 389\n500 Matters to be taken into account.................................................. 390\n501 Refusal to grant licence – process............................................... 391\n502 Conditions of licence ................................................................... 391\n503 Duration of licence ....................................................................... 392\n504 Licence document ....................................................................... 392\n505 Licence document to be available ............................................... 392\n506 Changes to information ............................................................... 393\n507 Change to nominated supervisor ................................................. 393\n508 Amendment imposed by regulator ............................................... 394\n509 Amendment on application by licence holder .............................. 395\n510 Minor corrections to licence ......................................................... 396\n511 Regulator to give amended licence to the holder......................... 396\n512 Licence holder to return licence ................................................... 397\n513 Replacement licence document................................................... 397\n514 Voluntary surrender of licence ..................................................... 398\n515 Regulator may renew licence ...................................................... 398\n516 Application for renewal ................................................................ 398\n517 Provisions relating to renewal of licence ...................................... 399\n518 Renewal of asbestos removal licence – regulator to be\nsatisfied about certain matters ..................................................... 400\n519 Status of licence during review .................................................... 400\n520 Suspension or cancellation of licence .......................................... 401\n521 Matters taken into account........................................................... 402\n522 Notice to and submissions by licence holder ............................... 403\n523 Notice of decision ........................................................................ 403\n524 Immediate suspension ................................................................. 404\n525 Licence holder to return licence document .................................. 405\n526 Regulator to return licence document after suspension............... 405\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 xxii\n527 Asbestos removal licence register ............................................... 405\n528 Asbestos assessors register ........................................................ 405\n529 Work must be supervised by named supervisor .......................... 406\nChapter 8A Crystalline silica\nPart 8A.1 Preliminary matters\n529A Definitions .................................................................................... 406\n529B When processing of CSS is controlled ........................................ 407\n529C Duty for processing of CSS to be controlled ................................ 409\n529CA Identifying processing of CSS that is high risk ............................. 409\n529CB Silica risk control plan required for processing of CSS that is\nhigh risk ....................................................................................... 410\n529CC Compliance with silica risk control plan ....................................... 411\n529CD Duty to train workers about risks of crystalline silica .................... 413\n529CE Monitoring in relation to processing of CSS that is high risk ........ 414\nPart 8A.2 Work involving engineered stone\nbenchtops, panels or slabs\n529D Work involving engineered stone benchtops, panels or slabs –\nprohibited ..................................................................................... 415\n529E Work involving engineered stone benchtops, panels or slabs –\nexception for particular supply and installation ............................ 415\n529F Work involving engineered stone benchtops, panels or slabs –\nexception for particular processing .............................................. 416\nPart 8A.3 Regulator to be notified of particular\nprocessing of engineered stone\n529G Notification of particular processing of engineered stone ............ 416\n529H Notification of change in information given under this Part .......... 417\n529J Notification that work continues 12 months after last notice\ngiven under this Part .................................................................... 418\n529K Duty to keep notice given under this Part .................................... 419\n530 This Chapter does not apply to certain facilities .......................... 420\n531 Meaning of major incident............................................................ 420\n532 Meaning of hazardous chemicals that are present or likely to\nbe present.................................................................................... 420\n533 Meaning of operator of a facility or proposed facility.................... 421\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 xxiii\n534 Meaning of modification of a facility ............................................. 422\n535 A major hazard facility must be licensed ..................................... 423\nPart 9.2 Determinations about major hazard\n536 Operators of certain facilities must notify regulator ...................... 425\n537 Notification – proposed facilities .................................................. 425\n538 Content of notification .................................................................. 426\n539 When regulator may conduct inquiry ........................................... 427\n540 Inquiry procedure......................................................................... 428\n541 Determination in relation to facility, on inquiry ............................. 428\n542 Determination in relation to over-threshold facility ....................... 429\n543 Suitability of facility operator ........................................................ 429\n544 Conditions on determination of major hazard facility ................... 430\n545 Notice and effect of determinations ............................................. 431\n546 When regulator may revoke a determination ............................... 431\n547 Re-notification if quantity of Schedule 15 chemicals increases ... 431\n548 Notification by new operator ........................................................ 432\n549 Time in which major hazard facility licence must be applied for .. 433\nPart 9.3 Duties of operators of determined major\nhazard facilities\n550 Application of Part 9.3 ................................................................. 433\n551 Safety case outline must be provided .......................................... 434\n552 Content ........................................................................................ 434\n553 Alteration ..................................................................................... 435\n554 Identification of major incidents and major incident hazards ....... 436\n555 Safety assessment ...................................................................... 437\n556 Control of risk .............................................................................. 439\n557 Emergency plan........................................................................... 439\n558 Safety management system ........................................................ 442\n559 Review of risk management ........................................................ 443\n560 Safety case must be provided ..................................................... 444\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 xxiv\n561 Content ........................................................................................ 444\n562 Coordination for multiple facilities ................................................ 446\n563 Review ......................................................................................... 446\nPart 9.4 Licensed major hazard facilities – risk\nmanagement\n564 Identification of major incidents and major incident hazards ....... 447\n565 Safety assessment ...................................................................... 448\n566 Control of risk .............................................................................. 448\n567 Emergency plan........................................................................... 449\n568 Safety management system ........................................................ 450\n569 Review of risk management ........................................................ 451\n570 Safety case – review ................................................................... 452\n571 Information for visitors ................................................................. 453\n572 Information for local community – general ................................... 453\n573 Information for local community – major incident......................... 454\n574 Safety role for workers ................................................................. 455\n575 Operator of major hazard facility must consult with workers ........ 456\nPart 9.6 Duties of workers at licensed major hazard\n576 Duties .......................................................................................... 457\n577 Who may apply for a licence........................................................ 458\n578 Application for major hazard facility licence ................................. 458\n579 Additional information .................................................................. 460\n580 Decision on application ................................................................ 460\n581 Matters to be taken into account.................................................. 461\n582 When decision is to be made....................................................... 462\n583 Refusal to grant major hazard facility licence – process .............. 462\n584 Conditions of licence ................................................................... 463\n585 Duration of licence ....................................................................... 463\n586 Licence document ....................................................................... 463\n587 Licence document to be available ............................................... 464\n588 Changes to information ............................................................... 464\n589 Amendment imposed by regulator ............................................... 465\n590 Amendment on application by operator ....................................... 466\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 xxv\n591 Minor corrections to major hazard facility licence ........................ 467\n592 Regulator to give amended licence document to operator .......... 467\n593 Operator to return licence ............................................................ 468\n594 Replacement licence document................................................... 468\n595 Regulator may renew licence ...................................................... 469\n596 Application for renewal ................................................................ 469\n597 Licence continues in force until application is decided ................ 469\n598 Provisions relating to renewal of licence ...................................... 470\n599 Status of major hazard facility licence during review ................... 470\n600 Transfer of major hazard facility licence ...................................... 470\nDivision 5 Suspension and cancellation of major hazard\nfacility licence\n601 Cancellation of major hazard facility licence – on operator's\napplication ................................................................................... 471\n602 Suspension or cancellation of licence – on regulator's initiative .. 472\n603 Matters to be taken into account.................................................. 472\n604 Notice to and submissions by operator........................................ 473\n605 Notice of decision ........................................................................ 474\n606 Immediate suspension ................................................................. 475\n607 Operator to return licence document .......................................... 475\n608 Regulator to return licence document after suspension............... 476\n609 Definitions .................................................................................... 477\n610 Meaning of mine operator ............................................................ 478\nPart 10.2 Mine operator's duty of care\n611 Mine operator's duty of care ........................................................ 479\n612 Requirement for risk management plan ....................................... 479\n613 Content of risk management plan ................................................ 479\n614 Certification of risk management plan ......................................... 481\n615 Review of risk management plan................................................. 482\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 xxvi\n616 Health monitoring program .......................................................... 482\n617 Duty to provide health monitoring for workers and former\nworkers ........................................................................................ 483\n618 Duty to offer health monitoring to former worker.......................... 484\n619 How health monitoring to be provided ......................................... 484\n620 Duty to provide training ................................................................ 486\n621 Duty to keep records ................................................................... 486\nPart 11.1 Review of decisions under these\nRegulations\n676 Which decisions under these Regulations are reviewable ........... 487\n677 Application ................................................................................... 494\n678 Application for internal review ...................................................... 495\n679 Internal reviewer .......................................................................... 495\n680 Decision of internal reviewer........................................................ 495\n681 Decision on internal review .......................................................... 496\n682 Internal review – reviewable decision continues .......................... 496\n683 Application for external review ..................................................... 496\n684 General power to grant exemptions............................................. 497\n685 Matters to be considered in granting exemptions ........................ 497\nDivision 2 High risk work licences\n686 High risk work licence – exemption ............................................. 498\n687 High risk work licence – regulator to be satisfied about certain\nmatters......................................................................................... 498\n688 Major hazard facility – exemption ................................................ 498\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 xxvii\n689 Major hazard facility – regulator to be satisfied about certain\nmatters......................................................................................... 499\n689A Engineered stone – exemption .................................................... 500\n689B Engineered stone – application for exemption ............................. 500\n689C Engineered stone – notifying persons of application for\nexemption .................................................................................... 501\n689D Engineered stone – regulator to be satisfied about certain\nmatters......................................................................................... 502\n689E Safe Work Australia may issue and publish document in\nrelation to exemptions ................................................................. 502\n690 Application for exemption ............................................................ 502\n691 Conditions of exemption .............................................................. 503\n692 Form of exemption document ...................................................... 503\n693 Compliance with conditions of exemption .................................... 504\n694 Notice of decision in relation to exemption .................................. 504\n695 Publication of exemption.............................................................. 504\n696 Notice of refusal of exemption ..................................................... 504\n697 Amendment or cancellation of exemption .................................... 505\n698 Notice of amendment or cancellation .......................................... 505\n699 Incident notification – prescribed serious illnesses ...................... 506\n700 Inspectors' identity cards ............................................................. 507\n701 Review of decisions under the Act – stay of decision .................. 507\n702 Confidentiality of information – exception relating\nadministration or enforcement of other laws ................................ 507\n703 Definitions .................................................................................... 507\n704 Infringement notice offence and prescribed amount payable ...... 507\n705 When infringement notice may be given ...................................... 508\n706 Contents of infringement notice ................................................... 508\n707 Payment by cheque ..................................................................... 509\n708 Withdrawal of infringement notice................................................ 509\n709 Application of Part 11.3 ............................................................... 509\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 xxviii\n","sortOrder":0},{"sectionNumber":"Part 12","sectionType":"part","heading":"Transitional provisions for Work Health","content":"Chapter 12 Transitional provisions for Work Health\nand Safety (National Uniform Legislation)\nAct 2011\n710 Definitions .................................................................................... 510\n711 Interpretation Act 1978 not affected............................................. 511\n712 Duty to provide first aid ................................................................ 511\n713 Duty to prepare, maintain and implement emergency plans ........ 511\n714 Remote or isolated work .............................................................. 511\n715 Flammable or combustible materials not to be accumulated ....... 511\n716 Falling objects.............................................................................. 511\n717 Noise – audiometric testing ......................................................... 512\n718 Confined space entry permits ...................................................... 512\n719 Confined spaces – signage ......................................................... 512\n720 Confined spaces – communications, safety monitoring and\nemergency procedures ................................................................ 512\n721 Falls – management of risk.......................................................... 512\n722 Falls – specific requirements to minimise risk.............................. 512\n723 Falls – emergency and rescue procedures .................................. 513\n724 Demolition work – notice of work ................................................. 513\n725 Electrical equipment – inspection and testing .............................. 513\n726 Electrical work on energised electrical equipment ....................... 513\n727 Residual current devices – use of socket outlets in hostile\noperating environments ............................................................... 513\n728 Residual current devices – testing ............................................... 513\n729 Overhead and underground electric lines .................................... 514\n730 Duties of designers ...................................................................... 514\n731 Duties of manufacturers .............................................................. 514\n732 Duties of importers ...................................................................... 515\n733 Duties of suppliers ....................................................................... 515\n734 Duties of persons installing, constructing or commissioning\nplant or structures ........................................................................ 516\n735 References to upstream duty provisions ..................................... 516\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 xxix\nPart 12.5 High risk work – licensing and\naccreditation\n736 Definitions .................................................................................... 517\n737 Continuation of licences for high risk work .................................. 517\n738 Continuation of non-slewing mobile crane licences ..................... 519\n738A Former Intermediate Boiler Operation licence ............................. 520\n739 Licences for high risk work in classes with changed\ncompetency requirements ........................................................... 520\n740 Conditions on converted licences ................................................ 521\n741 Non-renewal of certain converted licences .................................. 521\n742 Existing licences suspended........................................................ 521\n743 Unfinished applications for licences............................................. 521\n744 Applications for issue of reach stacker licences before\n1 July 2015 .................................................................................. 521\n745 Applications for issue of other licences with new competency\nrequirements before 1 July 2015 ................................................. 522\n746 Registered assessors become accredited assessors .................. 523\n747 Unfinished applications for registration ........................................ 523\n748 Interpretation ............................................................................... 524\n749 Medical certificates ...................................................................... 524\n750 Competence of workers – general diving work ............................ 524\n751 Competence of persons supervising general diving work ............ 525\n752 Management of risks to health and safety ................................... 525\n753 Appointment of competent persons to supervise diving work ...... 525\n754 Dive plans .................................................................................... 525\n755 Dive safety logs ........................................................................... 525\n756 Record keeping ........................................................................... 526\n757 High risk diving work – person conducting business or\nundertaking .................................................................................. 526\n758 High risk diving work – competence of diver................................ 526\n759 Guarding ...................................................................................... 526\n760 Operational controls, emergency stops and warning devices ...... 526\n761 Protective structures .................................................................... 526\n762 Scaffolds ...................................................................................... 527\n763 Major inspection of registered mobile cranes and tower cranes .. 527\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 xxx\n764 Operation of amusement devices ................................................ 527\n765 Competent person for inspection of amusement devices ............ 527\n766 Annual inspection of amusement devices ................................... 527\n767 Logbook and manuals for amusement devices ........................... 528\nDivision 2 Registration of plant designs and items of\n768 Continuation of registration of designs ........................................ 528\n769 Conditions continued ................................................................... 528\n770 Unfinished applications for registration ........................................ 528\n771 Old verification procedures may be used for 2 years................... 529\n772 Registration of designs for new classes of plant .......................... 529\n773 Definition...................................................................................... 529\n774 Continuation of registration of certificated items of plant ............. 530\n775 Conditions continued ................................................................... 530\n776 Duration of converted registrations .............................................. 531\n777 Unfinished applications for registration ........................................ 531\n778 Registration of items of plant in new classes ............................... 531\n779 Competent person for plant inspections ...................................... 531\nDivision 1 Duties relating to construction work\n780 Trenches...................................................................................... 532\n781 Principal contractor – management plans ................................... 532\n782 Definitions .................................................................................... 532\n783 Continuation of existing cards...................................................... 532\n784 Unfinished applications for registration ........................................ 533\n786 Introductory period for GHS ......................................................... 533\n787 Abandoned tanks......................................................................... 533\n788 Reports of health monitoring to regulator .................................... 533\n789 Pipeline builder's duties ............................................................... 534\n790 Management of risks – existing pipelines .................................... 534\n791 Lead risk work ............................................................................. 534\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 xxxi\n792 Definitions .................................................................................... 534\n793 New manifest requirements for existing workplace...................... 535\n794 Existing DG licence holders ......................................................... 535\n795 Existing manifests and notifications under NOHSC:1015 ............ 535\n796 Significant change of chemicals .................................................. 536\n797 Asbestos registers and management plans ................................. 536\n798 Naturally occurring asbestos ....................................................... 536\n799 Training........................................................................................ 537\n800 Demolition and refurbishment ...................................................... 537\n801 Nominated supervisors ................................................................ 537\n802 VET training for workers .............................................................. 537\n803 Asbestos removal control plans ................................................... 538\n804 Information and access ............................................................... 538\n805 Decontamination and disposal of waste ...................................... 538\n806 Clearance certificates .................................................................. 538\n807 Air-monitoring – class A asbestos removal work ......................... 539\n808 Independence of air monitoring ................................................... 539\n809 Asbestos-related work ................................................................. 539\n810 Licence holder duties imposed on person conducting business\nor undertaking.............................................................................. 539\n811 Definitions .................................................................................... 540\n812 Continuation of Asbestos Removal licences ................................ 540\n813 Conditions on converted licences ................................................ 541\n814 Non-renewal of converted licences.............................................. 541\n815 Existing licences suspended........................................................ 541\n816 Unfinished applications for Asbestos Removal licences .............. 541\n817 Applications for issue of licences before 1 January 2015 ............ 541\n818 Requirement to be licensed and related obligations .................... 542\n819 Definitions .................................................................................... 542\n820 Notifications continued ................................................................ 543\n821 Classifications continued as determinations ................................ 543\n822 Accepted safety reports continued as safety cases etc. .............. 544\n823 Determined facilities without accepted safety reports .................. 545\n824 Continuation of licence for facility with accepted safety report..... 545\n825 Application for renewal of DG licence made but not\ndetermined................................................................................... 546\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 xxxii\n826 Renewal fees for converted major hazard facility licences .......... 546\n827 Keeping of documents ................................................................. 547\n828 Things done for purposes of continued provisions ...................... 547\n829 Recognition of interstate things ................................................... 548\nChapter 13 Transitional provisions for Work Health\nand Safety (National Uniform Legislation)\nAmendment Regulations 2012\n830 Definitions .................................................................................... 549\n831 Application of Chapter 12 to mining operations ........................... 549\n832 Continuation of existing risk management plans ......................... 550\n833 Mine operator .............................................................................. 550\nChapter 14 Transitional matters for Work Health and\nAmendment Regulations 2016\n834 Application of Chapter 6 to construction projects......................... 551\nChapter 15 Transitional matters for Work Health and\nAmendment (Engineered Stone)\n835 Particular work involving engineered stone – exception if\ncarried out under pre-2024 contract ............................................ 551\n836 Application of Part 8A.3 to processing of engineered stone\ncarried out before 1 July 2024 ..................................................... 552\nSchedule 3 High risk work licences and classes of\nhigh risk work\nSchedule 4 High risk work licences – competency\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 xxxiii\nSchedule 8 Disclosure of ingredients in safety data\nsheet\nSchedule 9 Classification, packaging and labelling\nSchedule 10 Prohibited carcinogens, restricted\ncarcinogens and restricted hazardous\nSchedule 15 Hazardous chemicals at major hazard\nfacilities (and their threshold quantity)\nSchedule 16 Matters to be included in emergency plan\nfor major hazard facility\nSchedule 17 Additional matters to be included in safety\nmanagement system of major hazard\nfacility\n","sortOrder":1},{"sectionNumber":"Sch 18","sectionType":"schedule","heading":"Additional matters to be included in safety","content":"Schedule 18 Additional matters to be included in safety\ncase for a major hazard facility\n","sortOrder":2},{"sectionNumber":"Sch 19","sectionType":"schedule","heading":"Infringement notice offences and","content":"Schedule 19 Infringement notice offences and\nprescribed amounts\n\n____________________\nAs in force at 1 September 2024\n____________________\nWORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION)\nREGULATIONS 2011\nRegulations under the Work Health and Safety (National Uniform\n","sortOrder":3},{"sectionNumber":"1","sectionType":"section","heading":"Citation","content":"1 Citation\nThese Regulations may be cited as the Work Health and Safety\n(National Uniform Legislation) Regulations 2011.\n","sortOrder":4},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThese Regulations commence on 1 January 2012.\n","sortOrder":5},{"sectionNumber":"3","sectionType":"section","heading":"Authorising provisions","content":"3 Authorising provisions\nNote for regulation 3\nRegulation 3 appears in some corresponding WHS laws but is not required in the\n","sortOrder":6},{"sectionNumber":"4","sectionType":"section","heading":"Repeal","content":"4 Repeal\nNote for regulation 4\nRegulation 4 appears in some corresponding WHS laws but is not required in the\n","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"5 Definitions\n(1) In these Regulations:\nabrasive blasting means propelling a stream of abrasive material\nat high speed against a surface using compressed air, liquid,\nsteam, centrifugal wheels or paddles to clean, abrade, etch or\notherwise change the original appearance or condition of the\nsurface.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 2\naccredited assessor means:\n(a) a person who is accredited under Part 4.5 to conduct\nassessments; or\n(b) the regulator.\nADG Code, see regulation 5A.\nadministrative control means a method of work, a process or a\nprocedure designed to minimise risk, but does not include:\n(a) an engineering control; or\n(b) the use of personal protective equipment.\nAgvet Code, in Part 7.1, means the Agricultural and Veterinary\nChemicals Code set out in the Schedule to the Agricultural and\nVeterinary Chemicals Code Act 1994 (Cth).\nairborne contaminant means a contaminant in the form of a fume,\nmist, gas, vapour or dust, and includes micro-organisms.\namusement device means plant operated for hire or reward that\nprovides entertainment, sightseeing or amusement through\nmovement of the equipment, or part of the equipment, or when\npassengers or other users travel or move on, around or along the\nequipment, but does not include:\n(a) a miniature train and railway system owned and operated by a\nmodel railway society, club or association; or\n(b) a ride or device that is used as a form of transport and that is,\nin relation to its use for that purpose, regulated under another\nAct or an Act of the Commonwealth; or\n(c) a boat or flotation device:\n(i) that is solely propelled by a person who is in or on the\nboat or device; and\n(ii) that is not attached to any mechanical elements or\nequipment outside the boat or device, and that does not\nrely on any artificial flow of water to move; or\n(d) any plant specifically designed for a sporting, professional\nstunt, theatrical or acrobatic purpose or activity; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 3\n(e) a coin-operated or token-operated device that:\n(i) is intended to be ridden, at the one time, by not more\nthan 4 children who must be below the age of 10 years;\nand\n(ii) is usually located in a shopping centre or similar public\nlocation; and\n(iii) does not necessarily have an operator.\narticle means a manufactured item, other than a fluid or particle,\n(a) is formed into a particular shape or design during\nmanufacture; and\n(b) has hazard properties and a function that are wholly or partly\ndependent on the shape or design.\nasbestos means the asbestiform varieties of mineral silicates\nbelonging to the serpentine or amphibole groups of rock forming\nminerals including the following:\n(a) actinolite asbestos;\n(b) grunerite (or amosite) asbestos (brown);\n(c) anthophyllite asbestos;\n(d) chrysotile asbestos (white);\n(e) crocidolite asbestos (blue);\n(f) tremolite asbestos;\n(g) a mixture that contains 1 or more of the minerals referred to in\nparagraphs (a) to (f).\nasbestos containing material (ACM) means any material or thing\nthat, as part of its design, contains asbestos.\nasbestos-contaminated dust or debris (ACD) means dust or\ndebris that has settled within a workplace and is, or is assumed to\nbe, contaminated with asbestos.\nasbestos management plan, see regulation 429 or 432.\nasbestos register, see regulation 425.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 4\nasbestos-related work means work involving asbestos (other than\nasbestos removal work to which Part 8.7 applies) that is permitted\nunder the exceptions set out in regulation 419(3), (4) and (5).\nasbestos removal licence means a Class A asbestos removal\nlicence or a Class B asbestos removal licence.\nasbestos removal work means:\n(a) work involving the removal of asbestos or ACM; or\n(b) in Part 8.10, Class A asbestos removal work or Class B\nasbestos removalist means a person conducting a business or\nundertaking who carries out asbestos removal work.\nasbestos waste means asbestos or ACM removed and disposable\nitems used during asbestos removal work including plastic sheeting\nand disposable tools.\nbiological monitoring means:\n(a) the measurement and evaluation of a substance, or its\nmetabolites, in the body tissue, fluids or exhaled air of a\nperson exposed to the substance; or\n(b) blood lead level monitoring.\nblood lead level means the concentration of lead in whole blood\nexpressed in micromoles per litre (μmol/L) or micrograms per\ndecilitre (μg/dL).\nblood lead level monitoring means the testing of the venous or\ncapillary blood of a person by a laboratory accredited by NATA,\nunder the supervision of a registered medical practitioner, to\ndetermine the blood lead level.\nboiler means:\n(a) a vessel, or an arrangement of vessels and interconnecting\nparts, in which steam or vapour is generated or in which water\nor other liquid is heated at a pressure above that of the\natmosphere by the application of fire, the products of\ncombustion, electrical power or similar high temperature\nmeans; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 5\n(b) the superheaters, reheaters, economisers, boiler piping,\nsupports, mountings, valves, gauges, fittings, controls, boiler\nsetting and other equipment directly associated with those\nvessels;\nbut does not include:\n(c) except in Schedules 3 and 4, a fully flooded or pressurised\nsystem where water or another liquid is heated to a\ntemperature lower than the normal atmospheric boiling\ntemperature of the liquid; or\n(d) for the purposes of Parts 5.2 and 5.3 and in Schedules 3\nand 4, a boiler designed or manufactured to the following\ncodes:\n(i) AMBSC Part 1 – Australian Miniature Boiler Safety\nCommittee Code for Copper Boilers;\n(ii) AMBSC Part 2 – Australian Miniature Boiler Safety\nCommittee Code for Steel Boilers;\n(iii) AMBSC Part 3 – Australian Miniature Boiler Safety\nCommittee Code for Sub-miniature Boilers;\n(iv) AMBSC Part 4 – Australian Miniature Boiler Safety\nCommittee Code for Duplex Steel Boilers; or\n(e) in Schedules 3 and 4:\n(i) a direct fired process heater; or\n(ii) boilers with less than 5 m 2 heating surface or 150 kW\noutput; or\n(iii) unattended boilers certified in compliance with\nAS 2593:2021 (Boilers – Safety management and\nsupervision systems).\nboom-type elevating work platform means a telescoping device,\nhinged device, or articulated device, or any combination of these,\nused to support a platform on which personnel, equipment and\nmaterials may be elevated.\nbridge crane means a crane that:\n(a) consists of a bridge beam or beams, that are mounted to end\ncarriages at each end; and\n(b) is capable of travelling along elevated runways; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 6\n(c) has 1 or more hoisting mechanisms arranged to traverse\nacross the bridge.\nbuilding maintenance equipment means a suspended platform\nand associated equipment, including a building maintenance unit or\na swing stage, that incorporates permanently installed overhead\nsupports to provide access to the faces of a building for\nmaintenance, but does not include a suspended scaffold.\nbuilding maintenance unit means a power operated suspended\nplatform and associated equipment on a building specifically\ndesigned to provide permanent access to the faces of the building\nfor maintenance.\nbulk, in relation to a hazardous chemical, means any quantity of a\nhazardous chemical that is:\n(a) in a container with a capacity exceeding 500 L or net mass of\nmore than 500 kg; or\n(b) if the hazardous chemical is a solid – an undivided quantity\nexceeding 500 kg.\ncapacity, of a container (in Chapter 7), means the internal volume\nof the container at a temperature of 15°C expressed in litres.\ncard holder means the person to whom a general construction\ninduction training card is issued.\ncertificate of medical fitness means a certificate of medical\nfitness that complies with regulation 169.\ncertification, in relation to a specified VET course, means:\n(a) a statement of attainment issued by an RTO stating that the\nperson to whom it is issued has successfully completed the\nspecified VET course; or\n(b) in the case of high risk work – a notice of satisfactory\nassessment stating that the person to whom it is issued has\nsuccessfully completed the specified VET course; or\n(c) an equivalent statement or notice issued by a corresponding\nRTO.\ncertified safety management system, for Chapter 8, means a\nsafety management system that complies with AS 4801:2001\n(Occupational health and safety management systems), or an\nequivalent system determined by the regulator.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 7\nchemical identity means a name, in accordance with the\nnomenclature systems of the International Union of Pure and\nApplied Chemistry or the Chemical Abstracts Service, or a technical\nname, that gives a chemical a unique identity.\nclass means:\n(a) in relation to high risk work – a class of work specified in\nSchedule 3;\n(b) in relation to asbestos removal work – Class A asbestos\nremoval work or Class B asbestos removal work.\nClass A asbestos removal licence means a licence that\nauthorises the carrying out of Class A asbestos removal work and\nClass B asbestos removal work by or on behalf of the licence\nClass A asbestos removal work means work that is required to\nbe licensed under regulation 485.\nClass B asbestos removal licence means a licence that\nauthorises the carrying out of Class B asbestos removal work by or\non behalf of the licence holder.\nClass B asbestos removal work means work that is required to\nbe licensed under regulation 487, but does not include Class A\nclass label means a pictogram described in the ADG Code for a\nclass, or division of a class, of dangerous goods.\nclearance certificate, see regulation 474.\nclearance inspection, see regulation 473.\ncombustible dust means finely divided solid particles (including\ndust, fibres or flyings) that are:\n(a) suspended in air or settle out of the atmosphere under their\nown weight; and\n(b) able to burn or glow in air; and\n(c) able to form an explosive mixture with air at atmospheric\npressure and normal temperature.\ncombustible liquid means a flammable liquid with a flash point\ngreater than 60ºC but not more than 93ºC.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 8\ncombustible substance means a substance that is combustible,\nand includes dust, fibres, fumes, mists or vapours produced by the\nsubstance.\nExamples for definition combustible substances\nWood, paper, oil, iron filings.\ncompetency assessment, for Part 4.5, means an assessment in\nrelation to the completion of a specified VET course to carry out a\nclass of high risk work.\ncompetent person means:\n(b) for general diving work – see regulations 174 and 177;\n(c) for a major inspection of a mobile crane or a tower crane\nunder regulation 235 – see regulation 235;\n(d) for inspection of amusement devices and passenger ropeways\nunder regulation 241 – see regulation 241;\n(e) for design verification under regulation 252 – a person who\nhas the skills, qualifications, competence and experience to\ndesign the plant or verify the design;\n(f) for a clearance inspection under regulation 473 – a person\nwho has acquired through training or experience the\nknowledge and skills of relevant asbestos removal industry\npractice and holds:\n(i) a certification in relation to the specified VET course for\nasbestos assessor work; or\n(ii) a tertiary qualification in occupational health and safety,\noccupational hygiene, science, building, construction or\nenvironmental health;\n(g) for any other case – a person who has acquired through\ntraining, qualification or experience the knowledge and skills to\ncarry out the task.\nconcrete placing boom means plant incorporating an articulating\nboom, capable of power operated slewing and luffing to place\nconcrete by way of pumping through a pipeline attached to, or\nforming part of, the boom of the plant.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 9\nconfined space means an enclosed or partially enclosed space\n(a) is not designed or intended primarily to be occupied by a\n(b) is, or is designed or intended to be, at normal atmospheric\npressure while any person is in the space; and\n(c) is or is likely to be a risk to health and safety from:\n(i) an atmosphere that does not have a safe oxygen level;\nor\n(ii) contaminants, including airborne gases, vapours and\ndusts, that may cause injury from fire or explosion; or\n(iii) harmful concentrations of any airborne contaminants; or\n(iv) engulfment;\nbut does not include a mine shaft or the workings of a mine.\nconfined space entry permit means a confined space entry permit\nissued under regulation 67.\nconstruction project, see regulation 292.\nconstruction work, see regulation 289.\nconsumer product means a thing that:\n(a) is packed or repacked primarily for use by a household\nconsumer or for use in an office; and\n(b) if the thing is packed or repacked primarily for use by a\nhousehold consumer – is packed in the way and quantity in\nwhich it is intended to be used by a household consumer; and\n(c) if the thing is packed or repacked primarily for use in an\noffice – is packed in the way and quantity in which it is\nintended to be used for office work.\ncontainer, in relation to a hazardous chemical, means anything in\nor by which a hazardous chemical is, or has been, wholly or partly\ncovered, enclosed or packed, including anything necessary for the\ncontainer to perform its function as a container.\ncontaminant means any substance that may be harmful to health\nor safety.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 10\ncontrolled, in relation to the processing of a CSS, see\nregulation 529B.\ncontrol measure, in relation to a risk to health and safety, means a\nmeasure to eliminate or minimise the risk.\nconveyor means equipment or apparatus operated by power other\nthan manual power and by which loads are raised, lowered or\ntransported or capable of being raised, lowered, transported, or\ncontinuously driven, by:\n(a) an endless belt, rope or chain or other similar means; or\n(b) buckets, trays or other containers or fittings moved by an\nendless belt, rope, chain or similar means; or\n(c) a rotating screw; or\n(d) a vibration or walking beam; or\n(e) a powered roller conveyor if the rollers are driven by an\nendless belt, rope or chain or other similar means;\nand includes the superstructure, gear and auxiliary equipment used\nin connection with that equipment or apparatus.\ncorrect classification means the set of hazard classes and hazard\ncategories assigned to a hazardous chemical when it is correctly\nclassified.\nNote for definition correct classification\nSchedule 9, Part 1 sets out when a hazardous chemical is correctly classified.\ncrane means an appliance intended for raising or lowering a load\nand moving it horizontally including the supporting structure of the\ncrane and its foundations, but does not include any of the following:\n(a) an industrial lift truck;\n(b) earthmoving machinery;\n(c) an amusement device;\n(d) a tractor;\n(e) an industrial robot;\n(f) a conveyor;\n(g) building maintenance equipment;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 11\n(h) a suspended scaffold;\n(i) a lift.\ncrystalline silica, see regulation 529A.\ncrystalline silica substance (CSS), see regulation 529A.\ncurrent certificate of medical fitness means a certificate of\nmedical fitness that:\n(a) was issued within the past 12 months; and\n(b) has not expired or been revoked.\ncurrent risk management plan, for Chapter 10, see\nregulation 609.\ndemolition work means work to demolish or dismantle a structure,\nor part of a structure that is load bearing or otherwise related to the\nphysical integrity of the structure, but does not include:\n(a) the dismantling of formwork, falsework, or other structures\ndesigned or used to provide support, access or containment\nduring construction work; or\n(b) the removal of power, light or telecommunication poles.\nderrick crane means a slewing strut boom crane with its boom\npivoted at the base of a mast that is:\n(a) guyed (guy derrick) or held by backstays (stiff legged derrick);\nand\n(b) capable of luffing under load.\ndesigner, in relation to plant, a substance or a structure, has the\nsame meaning as it has in section 22 of the Act.\ndetermined major hazard facility means a facility that has been\ndetermined under regulation 541 or 542 to be a major hazard\ndirect fired process heater means an arrangement of 1 or more\ncoils, located in the radiant zone or convection zone, or both, of a\ncombustion chamber, the primary purpose of which is to raise the\ntemperature of a process fluid circulated through the coils, to allow\ndistillation, fractionalism, reaction or other petrochemical processing\nof the process fluid, whether that fluid is liquid or gas, or a\ncombination of liquid and gas.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 12\ndogging work means:\n(a) the application of slinging techniques, including the selection\nand inspection of lifting gear, to safely sling a load; or\n(b) the directing of a plant operator in the movement of a load\nwhen the load is out of the operator's view.\nduty holder, for Part 3.1, means a person referred to in\nregulation 32.\nEANx, for Part 4.8, means a mixture of oxygen and nitrogen in\nwhich the volume of oxygen is at least 22%.\nearthmoving machinery means operator controlled plant used to\nexcavate, load, transport, compact or spread earth, overburden,\nrubble, spoil, aggregate or similar material, but does not include a\ntractor or industrial lift truck.\nelectrical equipment, see section 6 of the Electrical Safety\nAct 2022.\nelectrical installation, see section 7 of the Electrical Safety\nAct 2022.\nelectrical risk means risk to a person of death, shock or other\ninjury caused directly or indirectly by electricity.\nelectrical work, see regulation 146.\nelectricity supply authority means:\n(a) Power and Water Corporation under the Power and Water\nCorporation Act 1987; or\n(b) a person licensed under Part 3 of the Electricity Reform\nAct 2000 to carry on operations in the electricity supply\nindustry.\nemergency service organisation means any of the following:\n(a) Northern Territory Emergency Service mentioned in section 52\nof the Emergency Management Act 2013;\n(b) Northern Territory Fire and Rescue Service under the Fire and\nEmergency Act 1996;\n(c) Police Force of the Northern Territory under the Police\nAdministration Act 1978.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 13\nemergency service worker means a member of an emergency\nservice organisation.\nengineered stone, see regulation 529A.\nengineering control means a control measure that is physical in\nnature, including a mechanical device or process.\nentry, by a person into a confined space, means the person's head\nor upper body is in the confined space or within the boundary of the\nconfined space.\nessential services means the supply of:\n(a) gas, water, sewerage, telecommunications, electricity and\nsimilar services; or\n(b) chemicals, fuel and refrigerant in pipes or lines.\nexcavation means a trench, tunnel or shaft, but does not include:\n(a) a mine; or\n(b) a bore to which the Water Act 1992 applies; or\n(c) a trench for use as a place of interment.\nexcavation work means work to:\n(a) make an excavation; or\n(b) fill or partly fill an excavation.\nexposure standard, except in Part 4.1, means an exposure\nstandard in the Workplace Exposure Standard for Airborne\nContaminants, published by Safe Work Australia, as in force or\nremade from time to time.\nexposure standard for noise, see regulation 56.\nexternal review means an external review under Part 11.1.\nextra-low voltage means voltage that does not exceed 50 volts\nalternating current (50 V AC) or 120 volts ripple-free direct current\n(120 V ripple-free DC).\nfacility, for Chapter 9, means a workplace at which Schedule 15\nchemicals are present or likely to be present.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 14\nfall arrest system means plant or material designed to arrest a fall.\nExample for definition fall arrest system\nAn industrial safety net, a catch platform, a safety harness system (other than a\nsystem that relies entirely on a restraint technique system).\nfault, in relation to plant, means a break or defect that may cause\nthe plant to present a risk to health and safety.\nfemale of reproductive capacity, for Part 7.2, means a female\nother than a female who provides information stating that she is not\nof reproductive capacity.\nfire risk hazardous chemical means a hazardous chemical that:\n(a) is any of the following:\n(i) a flammable gas;\n(ii) a flammable liquid (hazard category 1 to 3);\n(iii) a flammable solid;\n(iv) a substance liable to spontaneous combustion;\n(v) a substance which, in contact with water, emits\nflammable gases;\n(vi) an oxidizing substance;\n(vii) an organic peroxide; and\n(b) burns readily or supports combustion.\nfitness criteria, in relation to diving work, means the fitness criteria\nspecified in clause M4 of Appendix M to AS/NZS 2299.1:2015\n(Occupational diving operations – Standard operational practice).\nflammable gas has the same meaning as it has in the GHS.\nflammable liquid means a flammable liquid within the meaning of\nthe GHS that has a flash point of less than 93°C.\nflash point means the lowest temperature (corrected to a standard\npressure of 101.3 kPA) at which the application of an ignition\nsource causes the vapours of a liquid to ignite under specified test\nconditions.\nforklift truck, for Schedules 3 and 4, means a powered industrial\ntruck equipped with lifting media made up of a mast and an\nelevating load carriage to which is attached a pair of fork arms or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 15\nother arms that can be raised 900 mm or more above the ground,\nbut does not include a pedestrian-operated truck or a pallet truck.\nfriable asbestos means material that:\n(a) is in a powder form or that can be crumbled, pulverised or\nreduced to a powder by hand pressure when dry; and\n(b) contains asbestos.\ngantry crane means a crane that:\n(a) consists of a bridge beam or beams supported at one or both\nends by legs mounted to end carriages; and\n(b) is capable of travelling on supporting surfaces or deck levels,\nwhether fixed or not; and\n(c) has a crab with 1 or more hoisting units arranged to travel\nacross the bridge.\ngas cylinder means a rigid vessel:\n(a) that does not exceed 3000 L water capacity and is without\nopenings or integral attachments on the shell other than at the\nends; and\n(b) that is designed for the storage and transport of gas under\npressure; and\n(c) that is covered by AS 2030.1:2009 (Gas cylinders – General\nrequirements).\ngeneral construction induction training means training delivered\nin Australia by an RTO (under an agreement between the regulator\nand the RTO) for the specified VET course for general construction\ninduction training.\ngeneral construction induction training card means:\n(a) in Part 6.5, Division 2 – a general construction induction\ntraining card issued under that Division;\n(b) in any other case – a general construction induction training\ncard issued:\n(i) under Part 6.5, Division 2 or under a corresponding\nWHS law; or\n(ii) by an RTO under an agreement between the regulator\nand an RTO or a corresponding regulator and an RTO.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 16\ngeneral diving work means work carried out in or under water\nwhile breathing compressed gas, and includes:\n(a) incidental diving work; and\n(b) limited scientific diving work;\nbut does not include high risk diving work.\ngenuine research means systematic investigative or experimental\nactivities that are carried out for either acquiring new knowledge\n(whether or not the knowledge will have a specific practical\napplication) or creating new or improved materials, products,\ndevices, processes or services.\nGHS means the Globally Harmonised System of Classification and\nLabelling of Chemicals, Seventh revised edition, published by the\nUnited Nations as modified under Schedule 6.\nNote for definition GHS\nGHS 3 means the Globally Harmonised System of Classification\nand Labelling of Chemicals, Third revised edition, published by the\nUnited Nations as modified under Schedule 6.\nNote for definition GHS 3\nThe Schedule 6 tables replace some tables in GHS 3.\nhazard category means a division of criteria within a hazard class\nin the GHS.\nhazard class means the nature of a physical, health or\nenvironmental hazard under the GHS.\nhazard pictogram means a graphical composition, including a\nsymbol plus other graphical elements, that is assigned in the GHS\nto a hazard class or hazard category.\nhazard statement means a statement assigned in the GHS to a\nhazard class or hazard category describing the nature of the\nhazards of a hazardous chemical including, if appropriate, the\ndegree of hazard.\nhazardous area means an area in which:\n(a) an explosive gas is present in the atmosphere in a quantity\nthat requires special precautions to be taken for the\nconstruction, installation and use of plant; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 17\n(b) a combustible dust is present, or could reasonably be\nexpected to be present, in the atmosphere in a quantity that\nrequires special precautions to be taken for the construction,\ninstallation and use of plant.\nhazardous chemical means a substance, mixture or article that\nsatisfies the criteria for any one or more hazard classes in the GHS\n(including a classification referred to in Schedule 6), unless the only\nhazard class or classes for which the substance, mixture or article\nsatisfies the criteria are any one or more of the following:\n(a) acute toxicity – oral – category 5;\n(b) acute toxicity – dermal – category 5;\n(c) acute toxicity – inhalation – category 5;\n(d) skin corrosion/irritation – category 3;\n(e) aspiration hazard – category 2;\n(f) flammable gas – category 2;\n(g) acute hazard to the aquatic environment – category 1, 2 or 3;\n(h) chronic hazard to the aquatic environment – category 1, 2, 3\nor 4;\n(i) hazardous to the ozone layer.\nNote for definition hazardous chemicals\nhazardous manual task means a task that requires a person to lift,\nlower, push, pull, carry or otherwise move, hold or restrain any\nperson, animal or thing that involves one or more of the following:\n(a) repetitive or sustained force;\n(b) high or sudden force;\n(c) repetitive movement;\n(d) sustained or awkward posture;\n(e) exposure to vibration.\nExamples for definition hazardous manual task\n1 A task requiring a person to restrain live animals.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 18\n2 A task requiring a person to lift or move loads that are unstable or\nunbalanced or are difficult to grasp or hold.\n3 A task requiring a person to sort objects on a conveyor belt.\nHazchem Code means a Hazchem Code under the ADG Code,\nalso known as an Emergency Action Code.\nhead or upper body means the area of a person's body at or\nabove the person's shoulders.\nhealth monitoring, of a person, means monitoring the person to\nidentify changes in the person's health status:\n(a) in Chapter 7 or 8 – because of exposure to certain\nsubstances; or\n(b) in Chapter 10 – because of exposure to a mine site hazard.\nheritage boiler means a boiler that:\n(a) was manufactured before 1952; and\n(b) is used for a historical purpose or activity, including an activity\nthat is ancillary to a historical activity.\nExamples for definition heritage boiler\n1 Historical activity: a historical display, parade, demonstration or\nre-enactment.\n2 Activity ancillary to a historical activity: restoring, maintaining, modifying,\nservicing, repairing or housing a boiler used, or to be used, for a historical\nactivity.\nhigh risk, in relation to the processing of a CSS, means the\nprocessing of a CSS that is reasonably likely to result in a risk to\nthe health of a person at the workplace.\nhigh risk construction work, see regulation 291.\nhigh risk diving work means work:\n(a) carried out in or under water or any other liquid while\nbreathing compressed gas; and\n(b) involving one or more of the following:\n(i) construction work;\n(ii) work of the kind described in regulation 289(3)(d);\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 19\n(iii) inspection work carried out in order to determine\nwhether or not work described in subparagraph (i) or (ii)\nis necessary;\n(iv) the recovery or salvage of a large structure or large item\nof plant for commercial purposes;\nbut does not include minor work carried out in the sea or the waters\nof a bay or inlet or a marina that involves cleaning, inspecting,\nmaintaining or searching for a vessel or mooring.\nNotes for definition high risk diving work, paragraph (b)(i)\n1 Subparagraph (ii) includes some additional construction-related activities.\n2 For construction work generally, see Chapter 6. For the meaning of\nconstruction work, see regulation 289.\nhigh risk work means any work set out in Schedule 3 as being\nwithin the scope of a high risk work licence.\nhigh risk work licence means any of the licences listed in\nSchedule 3.\nhoist means an appliance intended for raising or lowering a load or\npeople, and includes an elevating work platform, a mast climbing\nwork platform, personnel and materials hoist, scaffolding hoist and\nserial hoist, but does not include a lift or building maintenance\nignition source means a source of energy capable of igniting\nflammable or combustible substances.\nimporter, in relation to plant, a substance or a structure, has the\nsame meaning as it has in section 24 of the Act.\nincidental diving work means general diving work that:\n(a) is incidental to the conduct of the business or undertaking in\nwhich the diving work is carried out; and\n(b) involves limited diving.\nExample for definition incidental diving work, paragraph (a)\nActing underwater is incidental to the business or undertaking of filming.\nindependent, in relation to clearance inspections and air\nmonitoring under Chapter 8, means:\n(a) not involved in the removal of the asbestos; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 20\n(b) not involved in a business or undertaking involved in the\nremoval of the asbestos;\nin relation to which the inspection or monitoring is conducted.\nindustrial lift truck means powered mobile plant, designed to\nmove goods, materials or equipment that is equipped with an\nelevating load carriage and is in the normal course of use equipped\nwith a load-holding attachment, but does not include a mobile crane\nor earthmoving machinery.\nindustrial robot means plant that is a multifunctional manipulator\nand its controllers, capable of handling materials, parts or tools, or\nspecialised devices, through variable programmed motions for the\nperformance of a variety of tasks.\ninflatable device (continuously blown) means an amusement\ndevice that is an inflatable device that relies on a continuous supply\nof air pressure to maintain its shape.\nin situ asbestos means asbestos or ACM fixed or installed in a\nstructure, equipment or plant, but does not include naturally\noccurring asbestos.\nintermediate bulk container (IBC) has the same meaning as IBC\nhas in the ADG Code.\ninternal review means an internal review under Part 11.1.\nin transit, in relation to a thing, means that the thing:\n(a) is supplied to, or stored at, a workplace in containers that are\nnot opened at the workplace; and\n(b) is not used at the workplace; and\n(c) is kept at the workplace for not more than 5 consecutive days.\nlead means lead metal, lead alloys, inorganic lead compounds and\nlead salts of organic acids.\nlead process, see regulation 392.\nlead process area means a workplace or part of a workplace\nwhere a lead process is carried out.\nlead risk work, see regulation 394.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 21\nlicence holder means:\n(a) in the case of a high risk work licence – the person who is\nlicensed to carry out the work; or\n(b) in the case of an asbestos assessor licence – the person who\nis licensed:\n(i) to carry out air monitoring during Class A asbestos\n(ii) to carry out clearance inspections of Class A asbestos\n(iii) to issue clearance certificates in relation to Class A\nasbestos removal work; or\n(c) in the case of an asbestos removal licence – the person\nconducting the business or undertaking to whom the licence is\ngranted; or\n(d) in the case of a major hazard facility licence – the operator of\nthe major hazard facility to whom the licence is granted or\ntransferred.\nlicensed asbestos assessor means a person who holds an\nasbestos assessor licence.\nlicensed asbestos removalist means a person conducting a\nbusiness or undertaking who is licensed under these Regulations to\ncarry out Class A asbestos removal work or Class B asbestos\nlicensed asbestos removal work means asbestos removal work\nfor which a Class A asbestos removal licence or Class B asbestos\nremoval licence is required.\nlicensed major hazard facility means a major hazard facility that\nis licensed under Part 9.7.\nlift means plant that is, or is intended to be, permanently installed in\nor attached to a structure, in which people, goods or materials may\nbe raised or lowered within a car or cage, or on a platform and the\nmovement of which is restricted by a guide or guides, and includes:\n(a) a chairlift and stairway lift; and\n(b) any supporting structure, machinery, equipment, gear, lift well,\nenclosures and entrances.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 22\nlimited diving means diving that does not involve any of the\n(a) diving to a depth below 30 m;\n(b) the need for a decompression stop;\n(c) the use of mechanical lifting equipment or a buoyancy lifting\ndevice;\n(d) diving beneath anything that would require the diver to move\nsideways before being able to ascend;\n(e) the use of plant that is powered from the surface;\n(f) diving for more than 28 days during a period of 6 months.\nlimited scientific diving work means general diving work that:\n(a) is carried out for the purpose of professional scientific\nresearch, natural resource management or scientific research\nas an educational activity; and\n(b) involves only limited diving.\nlocal authority, in relation to a facility, means the local government\ncouncil for the local government council area in which the facility\nand the surrounding area are located.\nlocal community, in relation to a major hazard facility, means the\ncommunity in the surrounding area.\nlower explosive limit (LEL), in relation to a flammable gas, vapour\nor mist, means the concentration of the gas, vapour or mist in air\nbelow which the propagation of a flame does not occur on contact\nwith an ignition source.\nmaintain, in relation to plant or a structure in Chapter 5, includes\nrepair or servicing of plant or a structure.\nmajor hazard facility means a facility:\n(a) at which Schedule 15 chemicals are present or likely to be\npresent in a quantity that exceeds their threshold quantity; or\n(b) that is determined by the regulator under Part 9.2 to be a\nmajor hazard facility licence means a licence granted under\n","sortOrder":8},{"sectionNumber":"Part 9","sectionType":"part","heading":"7 in relation to a major hazard facility.","content":"Part 9.7 in relation to a major hazard facility.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 23\nmajor incident, see regulation 531.\nmajor incident hazard means a hazard that could cause, or\ncontribute to causing, a major incident.\nmanifest means a written summary of the hazardous chemicals\nused, handled or stored at a workplace.\nNote for definition manifest\nSee Schedule 12 (Manifest requirements) for what a manifest must contain.\nmanifest quantity, in relation to a Schedule 11 hazardous\nchemical, means the manifest quantity referred to in Schedule 11,\ntable 11.1, column 5 for that hazardous chemical.\nmanufacturer, in relation to plant, a substance or a structure, has\nthe same meaning as it has in section 23 of the Act.\nmast climbing work platform means a hoist with a working\nplatform used for temporary purposes to raise personnel and\nmaterials to the working position by means of a drive system\nmounted on an extendable mast that may be tied to a structure.\nmaterials hoist means a hoist that:\n(a) consists of a car, bucket or platform cantilevered from, and\ntravelling up and down outside, a face of the support of a\nstructure; and\n(b) is used for hoisting things and substances but not persons.\nmembrane filter method means the membrane filter method\ndescribed in the Guidance Note on the Membrane Filter Method for\nEstimating Airborne Asbestos Fibres [NOHSC:3003 (2005)].\nmine operator, for Chapter 10, see regulation 610.\nmine site, for Chapter 10, see regulation 609.\nmine site hazard, for Chapter 10, see regulation 609.\nmining activity, for Chapter 10, see regulation 609.\nmining authorisation, for Chapter 10, see regulation 609.\nMinisterial Council means a body (however described) that\nconsists of the Minister of the Commonwealth, and the Minister of\neach State and Territory, who is responsible, or principally\nresponsible, for matters relating to transport.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 24\nmixture, in Part 7.1, means a combination of, or a solution\ncomposed of, 2 or more substances that do not react with each\nother.\nmobile crane means a crane capable of travelling over a\nsupporting surface without the need for fixed runways and relying\nonly on gravity for stability.\nmodification, in relation to a facility, see regulation 534.\nmusculoskeletal disorder means an injury to, or disease of, the\nmusculoskeletal system, whether occurring suddenly or over time,\nbut does not include an injury caused by crushing, entrapment or\ncutting resulting principally from the mechanical operation of plant.\nNATA means the National Association of Testing Authorities,\nAustralia.\nNATA-accredited laboratory means a testing laboratory\naccredited by NATA, or recognised by NATA either solely or with\nsomeone else.\nnaturally occurring asbestos means the natural geological\noccurrence of asbestos minerals found in association with\ngeological deposits including rock, sediment or soil.\nnon-friable asbestos means material containing asbestos that is\nnot friable asbestos, including material containing asbestos fibres\nreinforced with a bonding compound.\nNote for definition non-friable asbestos\nNon-friable asbestos may become friable asbestos through deterioration (see\ndefinition friable asbestos).\nnon-slewing mobile crane means a mobile crane incorporating a\nboom or jib that cannot be slewed, and includes:\n(a) an articulated mobile crane; or\n(b) a locomotive crane;\nbut does not include vehicle tow trucks.\nnotice of satisfactory assessment means a notice stating that the\nperson to whom it is issued has successfully completed a specified\nVET course.\noperator, in relation to a facility or a proposed facility, see\nregulation 533.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 25\noperator protective device, includes a roll-over protective\nstructure, falling object protective structure, operator restraining\ndevice and seatbelt.\norder-picking forklift truck, for Schedules 3 and 4, means a\nforklift truck where the operator's controls are incorporated with the\nlifting media and elevate with the lifting media.\npackaged hazardous chemicals means Schedule 11 hazardous\nchemicals in a container with:\n(a) a capacity not exceeding 500 L; or\n(b) a net mass not exceeding 500 kg.\npassenger ropeway means a powered ropeway used for\ntransporting, in a horizontal or inclined plane, passengers moved by\na carrier that is:\n(a) attached to or supported by a moving rope; or\n(b) attached to a moving rope but supported by a standing rope or\nother overhead structure;\nincluding, in relation to the powered ropeway, the prime mover, any\nassociated transmission machinery and any supporting structure\nand equipment, but does not include any of the following:\n(c) a cog railway;\n(d) a cable car running on rails;\n(e) a flying fox or similar device;\n(f) an elevating system for vehicles or boat style carriers\nassociated with amusement devices.\nExample for definition passenger ropeway, paragraph (f)\nAn elevating system for a log ride or boat flume ride.\nperson with management or control of plant at a workplace has\nthe same meaning as it has in section 21 of the Act.\nperson with management or control of a workplace has the\nsame meaning as it has in section 20 of the Act.\npersonal protective equipment means anything used or worn by\na person to minimise risk to the person's health and safety,\nincluding air supplied respiratory equipment.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 26\npersonnel and materials hoist means a hoist:\n(a) that is a cantilever hoist, a tower hoist or several winches\nconfigured to operate as a hoist; and\n(b) that is intended to carry goods, materials or people.\npipeline means pipe work that crosses a boundary of a workplace,\nbeginning or ending at the nearest fluid or slurry control point (along\nthe axis of the pipeline) to the boundary.\npipe work means a pipe or assembly of pipes, pipe fittings, valves\nand pipe accessories used to convey a hazardous chemical.\nplacard means a sign or notice:\n(a) displayed or intended for display in a prominent place, or next\nto a container or storage area for hazardous chemicals at a\n(b) that contains information about the hazardous chemical stored\nin the container or storage area.\nplacard quantity, in relation to a Schedule 11 hazardous chemical,\nmeans the placard quantity referred to in Schedule 11, table 11.1\ncolumn 4 for the Schedule 11 hazardous chemical.\nplant, for Parts 5.2 and 5.3, includes a structure.\nplatform height, in relation to an inflatable device (continuously\nblown), means the height of the highest part of the device designed\nto support persons using it (the platform), as measured from the\nsurface supporting the device to the top surface of the platform\nwhen the device is inflated but unloaded.\nporcelain product does not include a product that contains resin.\nportal boom crane means a boom crane or a jib crane that is\nmounted on a portal frame that, in turn, is supported on runways\nalong which the crane travels.\npowered mobile plant means plant that is provided with some\nform of self-propulsion that is ordinarily under the direct control of\nan operator.\nprecautionary statement means a phrase prescribed by the GHS\nthat describes measures that are recommended to be taken to\nprevent or minimise:\n(a) the adverse effects of exposure to a hazardous chemical; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 27\n(b) improper handling of a hazardous chemical.\npresence-sensing safeguarding system includes:\n(a) a sensing system that uses one or more forms of radiation\neither self-generated or otherwise generated by pressure; and\n(b) the interface between the final switching devices of the\nsensing system and the machine primary control elements;\nand\n(c) the machine stopping capabilities, by which the presence of a\nperson or part of a person within the sensing field will cause\nthe dangerous parts of a machine to be brought to a safe\nstate.\npressure equipment means boilers, pressure vessels and\npressure piping.\npressure piping:\n(a) means an assembly of pipes, pipe fittings, valves and pipe\naccessories subject to internal or external pressure and used\nto contain or convey fluid or to transmit fluid pressure; and\n(b) includes distribution headers, bolting, gaskets, pipe supports\nand pressure containing accessories; but\n(c) does not include:\n(i) a boiler or pressure vessel; or\n(ii) any piping that is regulated under the Energy Pipelines\nAct 1981.\npressure vessel:\n(a) means a vessel subject to internal or external pressure; and\n(b) includes:\n(i) interconnected parts and components, valves, gauges\nand other fittings up to the first point of connection to\nconnecting piping; and\n(ii) fired heaters; and\n(iii) gas cylinders; but\n(c) does not include a boiler or pressure piping.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 28\nprimary emergency service organisation means the Police Force\nof the Northern Territory under the Police Administration Act 1978.\nprincipal contractor, in relation to a construction project, see\nregulation 293.\nprocessing, in relation to a CSS, see regulation 529A.\nproduct identifier means the name or number used to identify a\nproduct on a label or in a safety data sheet.\nprohibited carcinogen means a substance:\n(a) listed in Schedule 10, table 10.1, column 2; and\n(b) present in a concentration of:\n(i) for a solid or liquid – 0.1% or more, determined as a\nweight/weight (w/w) concentration; and\n(ii) for a gas – 0.1% or more, determined as a\nvolume/volume (v/v) concentration.\nproposed facility means:\n(a) an existing workplace that is to become a facility due to the\nintroduction of Schedule 15 chemicals; or\n(b) a facility that is being designed or constructed.\nproposed major hazard facility means:\n(a) an existing facility or other workplace that is to become a\nmajor hazard facility due to the introduction of Schedule 15\nchemicals or the addition of further Schedule 15 chemicals; or\n(b) a major hazard facility that is being designed or constructed.\npsychosocial hazard, see regulation 55A.\npsychosocial risk, see regulation 55B.\nquantity, for Chapter 7, means:\n(a) for a hazardous chemical that is not a liquid or a gas or a gas\nunder pressure and is in a container or storage or handling\nsystem – the mass in kilograms of the hazardous chemical in\nthe container or storage or handling system; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 29\n(b) for a hazardous chemical that is a liquid and is not a gas\nunder pressure and is in a container or storage or handling\nsystem – the net capacity in litres of the container or storage\nor handling system; and\n(c) for a hazardous chemical that is a gas or gas under pressure\nin a container or storage or handling system – the water\ncapacity in litres of the container or storage or handling\nsystem; and\n(d) for a hazardous chemical that is not a liquid and is in bulk and\nnot in a container – the undivided mass in kilograms; and\n(e) for a hazardous chemical that is a thing and is not a gas – the\nnet capacity of the part of the thing that comprises a\nhazardous chemical.\nreach stacker means a powered reach stacker that incorporates\nan attachment for lifting and lowering a shipping container.\nreciprocating steam engine means equipment that is driven by\nsteam acting on a piston causing the piston to move, and includes\nan expanding (steam) reciprocating engine.\nregistered medical practitioner means a person registered under\nthe Health Practitioner Regulation National Law to practise in the\nmedical profession (other than as a student).\nregistered training organisation (RTO) means a training\norganisation listed as a registered training organisation on the\nNational Register established under the National Vocational\nEducation and Training Regulator Act 2011 (Cth).\nrelated activity, for Chapter 10, see regulation 609.\nrelevant fee, in relation to a matter, means the fee specified in\n","sortOrder":9},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"for that matter.","content":"Schedule 2 for that matter.\nresearch chemical means a substance or mixture that:\n(a) is manufactured in a laboratory for genuine research; and\n(b) is not for use or supply for a purpose other than analysis or\ngenuine research.\nrespirable asbestos fibre means an asbestos fibre that:\n(a) is less than 3 μm wide; and\n(b) more than 5 μm long; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 30\n(c) has a length to width ratio of more than 3:1.\nrestricted carcinogen means a substance:\n(a) listed in Schedule 10, table 10.2, column 2 for a use listed in\ncolumn 3; and\n(b) present in a concentration of:\n(i) for a solid or liquid – 0.1% or more, determined as a\nweight/weight (w/w) concentration; and\n(ii) for a gas – 0.1% or more, determined as a\nvolume/volume (v/v) concentration.\nretailer means a person whose principal business is supplying\nconsumer products to members of the public who are not engaged\nin the further supply of those products.\nrigging work means:\n(a) the use of mechanical load shifting equipment and associated\ngear to move, place or secure a load using plant, equipment\nor members of a structure to ensure the stability of those\nmembers; or\n(b) the setting up or dismantling of cranes or hoists.\nsafe oxygen level means a minimum oxygen content of air\nof 19.5% by volume under normal atmospheric pressure and a\nmaximum oxygen content of air of 23.5% by volume under normal\natmospheric pressure.\nSafe Work Australia means Safe Work Australia as established\nunder section 5 of the Safe Work Australia Act 2008 (Cth).\nsafe work method statement means:\n(a) in relation to electrical work on energised electrical\nequipment – a safe work method statement prepared under\nthe Electrical Safety Act 2022; or\n(b) in relation to high risk construction work – a safe work method\nstatement referred to in regulation 299 (as revised under\nregulation 302).\nsafety data sheet means a safety data sheet prepared under\nregulation 330 or 331.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 31\nscaffold means a temporary structure specifically erected to\nsupport access or working platforms.\nscaffolding work means erecting, altering or dismantling a\ntemporary structure that is or has been erected to support a\nplatform and from which a person or object could fall more than 4 m\nfrom the platform or the structure.\n","sortOrder":10},{"sectionNumber":"Sch 11","sectionType":"schedule","heading":"hazardous chemical means a hazardous chemical","content":"Schedule 11 hazardous chemical means a hazardous chemical\nor combination of hazardous chemicals specified in Schedule 11,\ntable 11.1.\n","sortOrder":11},{"sectionNumber":"Sch 15","sectionType":"schedule","heading":"chemical means a hazardous chemical that:","content":"Schedule 15 chemical means a hazardous chemical that:\n(a) is specified in Schedule 15, table 15.1; or\n(b) belongs to a class, type or category of hazardous chemicals\nspecified in Schedule 15, table 15.2.\nself-erecting tower crane means a crane:\n(a) that is not disassembled into a tower element and a boom or\njib element in the normal course of use; and\n(b) where the erection and dismantling processes are an inherent\npart of the crane's function.\nshaft means a vertical or inclined way or opening, from the surface\ndownwards or from any underground working, the dimensions of\nwhich (apart from the perimeter) are less than its depth.\nsignal word means the word \"danger\" or \"warning\" used on a label\nto indicate to a label reader the relative severity level of a hazard,\nand to alert the reader to a potential hazard, under the GHS.\nsilica risk control plan means, in relation to the processing of a\nCSS that is high risk, a silica risk control plan prepared under\nregulation 529CB.\nsintered stone does not include a product that contains resin.\nslewing mobile crane means a mobile crane incorporating a boom\nor jib that can be slewed, but does not include:\n(a) a front end loader; or\n(b) a backhoe; or\n(c) an excavator; or\n(d) other earth moving equipment;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 32\nwhen configured for crane operation.\nslinging techniques means the exercising of judgement in relation\nto the suitability and condition of lifting gear and the method of\nslinging, by consideration of the nature of the load, its mass and its\ncentre of gravity.\nspecified VET course means:\n(a) in relation to general construction induction training – the VET\ncourse Work Safely in the Construction Industry or a\ncorresponding subsequent VET accredited course; or\n(b) in relation to Class A asbestos removal work – the VET course\nRemove friable asbestos; or\n(c) in relation to Class B asbestos removal work – the VET course\nRemove non-friable asbestos; or\n(d) in relation to the supervision of asbestos removal work – the\nVET course Supervise asbestos removal; or\n(e) in relation to asbestos assessor work – the VET course\nConduct asbestos assessment associated with removal; or\n(f) in relation to high risk work – the relevant VET course\nspecified in Schedule 4.\nsteam turbine means equipment that is driven by steam acting on\na turbine or rotor to cause a rotary motion.\nstructure, for Chapter 6, see regulation 290.\nsubstance, for Part 7.1, means a chemical element or compound\nin its natural state or obtained or generated by a process:\n(a) including any additive necessary to preserve the stability of\nthe element or compound and any impurities deriving from the\nprocess; but\n(b) excluding any solvent that may be separated without affecting\nthe stability of the element or compound, or changing its\ncomposition.\nsupplier, in relation to plant, a substance or a structure, has the\nsame meaning as it has in section 25 of the Act.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 33\nsurrounding area, in relation to a facility, means the area\nsurrounding the facility in which the health and safety of persons\ncould potentially be adversely affected by a major incident\noccurring.\nsuspended scaffold means a scaffold incorporating a suspended\nplatform that is capable of being raised or lowered when in use.\ntechnical name, in the definition chemical identity, means a\nname that is:\n(a) ordinarily used in commerce, regulations and codes to identify\na substance or mixture, other than an International Union of\nPure and Applied Chemistry or Chemical Abstracts Service\nname; and\n(b) recognised by the scientific community.\ntemporary work platform means:\n(a) a fixed, mobile or suspended scaffold; or\n(b) an elevating work platform; or\n(c) a mast climbing work platform; or\n(d) a work box supported by a crane, hoist, forklift truck or other\nform of mechanical plant; or\n(e) building maintenance equipment, including a building\nmaintenance unit; or\n(f) a portable or mobile fabricated platform; or\n(g) any other temporary platform that:\n(i) provides a working area; and\n(ii) is designed to prevent a fall.\nthe Act means the Work Health and Safety (National Uniform\nLegislation) Act 2011.\ntheatrical performance means acting, singing, playing a musical\ninstrument, dancing or otherwise performing literary or artistic works\nor expressions of traditional custom or folklore.\nthreshold quantity, in relation to a Schedule 15 chemical, means:\n(a) the threshold quantity of a specific hazardous chemical as\ndetermined under Schedule 15, clause 3; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 34\n(b) the aggregate threshold quantity of 2 or more hazardous\nchemicals as determined under Schedule 15, clause 4.\ntower crane means:\n(a) a crane that has a boom or a jib mounted on a tower structure;\nand\n(b) in Schedule 3:\n(i) the crane, if a jib crane, may be a horizontal or luffing jib\ntype; and\n(ii) the tower structure may be demountable or permanent,\nbut does not include a self-erecting tower crane.\ntractor means a motor vehicle, whether wheeled or track mounted,\ndesigned to provide power and movement to any attached machine\nor implement by a transmission shaft, belt or linkage system but\ndoes not include earthmoving machinery.\ntransitional period, see regulation 394A.\ntrench means a horizontal or inclined way or opening:\n(a) the length of which is greater than its width and greater than or\nequal to its depth; and\n(b) that commences at and extends below the surface of the\nground; and\n(c) that is open to the surface along its length.\ntunnel means an underground passage or opening that:\n(a) is approximately horizontal; and\n(b) commences at the surface of the ground or at an excavation.\nUN number has the same meaning as it has in Attachment 2 of the\nADG Code.\nvehicle hoist means a device to hoist vehicles designed to provide\naccess for under-chassis examination or service.\nvehicle loading crane means a crane mounted on a vehicle for the\npurpose of loading and unloading the vehicle.\nVET course has the same meaning as it has in the National\nVocational Education and Training Regulator Act 2011 (Cth).\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 35\nWHS management plan, in relation to a construction project,\nmeans a management plan prepared or revised under Part 6.4.\nwork box means a personnel carrying device, designed to be\nsuspended from a crane, to provide a working area for a person\nelevated by and working from the device.\nwork positioning system means any plant or structure, other than\na temporary work platform, that enables a person to be positioned\nand safely supported at a location for the duration of the relevant\nwork being carried out.\n(2) Unless the context otherwise requires:\n(a) a reference in these Regulations to a Chapter by a number\nmust be construed as reference to the Chapter, designated by\nthat number, of these Regulations; and\n(b) a reference in these Regulations to a Part by a number must\nbe construed as reference to the Part, designated by that\nnumber, of these Regulations.\n","sortOrder":12},{"sectionNumber":"5A","sectionType":"section","heading":"Meaning of ADG Code","content":"5A Meaning of ADG Code\n(1) The ADG Code is the Australian Code for the Transport of\nDangerous Goods by Road and Rail approved by the Ministerial\nCouncil, as in force from time to time.\n(2) Despite subregulation (1), if the Code specified in subregulation (1)\nis remade, ADG Code is that remade edition and any reference in\nthese Regulations to a provision of that Code extends to the\ncorresponding provision (if any) of the remade Code.\n","sortOrder":13},{"sectionNumber":"6","sectionType":"section","heading":"Determination of safety management system","content":"6 Determination of safety management system\nThe regulator may make a determination for the purposes of the\ndefinition certified safety management system.\n","sortOrder":14},{"sectionNumber":"6A","sectionType":"section","heading":"Meaning of corresponding WHS law","content":"6A Meaning of corresponding WHS law\n(1) For section 4 of the Act, definition corresponding WHS law, the\nfollowing laws are prescribed to be corresponding WHS laws:\n(a) Work Health and Safety Act 2011 (ACT);\n(b) Work Health and Safety Act 2011 (Cth);\n(c) Work Health and Safety Act 2011 (NSW);\n(d) Work Health and Safety Act 2011 (Qld);\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 36\n(e) Work Health and Safety Act 2012 (SA);\n(f) Work Health and Safety Act 2012 (Tas).\n(2) For section 4 of the Act, definition corresponding WHS law, the\nfollowing laws are prescribed to be corresponding WHS laws in\nrelation to Parts 4.5, 5.3 and 8.10 and regulation 318:\n(a) Occupational Health and Safety Act 2004 (Vic);\n(b) Occupational Health and Safety Act 1984 (WA).\n","sortOrder":15},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of person conducting a business or undertaking –","content":"7 Meaning of person conducting a business or undertaking –\npersons excluded\n(1) For the purposes of section 5(6) of the Act, a strata title body\ncorporate that is responsible for any common areas used only for\nresidential purposes may be taken not to be a person conducting a\nbusiness or undertaking in relation to those premises.\n(2) Subregulation (1) does not apply if the strata title body corporate\nengages any worker as an employee.\n(3) For the purposes of section 5(6) of the Act, an incorporated\nassociation may be taken not to be a person conducting a business\nor undertaking if the incorporated association consists of a group of\nvolunteers working together for one or more community purposes\nwhere:\n(a) the incorporated association, either alone or jointly with any\nother similar incorporated association, does not employ any\nperson to carry out work for the incorporated association; and\n(b) none of the volunteers, whether alone or jointly with any other\nvolunteers, employs any person to carry out work for the\nincorporated association.\nstrata title body corporate means:\n(a) a body corporate under the Unit Title Schemes Act 2009; or\n(b) a building management corporation under the Unit Titles\nAct 1975.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 37\n","sortOrder":16},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of supply","content":"8 Meaning of supply\nFor the purposes of section 6(3)(b) of the Act, a supply of a thing\ndoes not include the supply of a thing by a person who does not\ncontrol the supply and has no authority to make decisions about the\nsupply.\nExamples for regulation 8\n1 An auctioneer who auctions a thing without having possession of the thing.\n2 A real estate agent acting in his or her capacity as a real estate agent.\n9 Provisions linked to health and safety duties in Act\nIf a note at the foot of a provision of these Regulations states\n\"WHS (NUL) Act\" followed by a reference to a section number, the\nregulation provision sets out the way in which a person's duty or\nobligation under that section of the Act is to be performed in relation\nto the matters and to the extent set out in the regulation provision.\nNote for regulation 9\nA failure to comply with a duty or obligation under a section of the Act referred to\nin a \"WHS (NUL) Act\" note is an offence to which a penalty applies.\n","sortOrder":17},{"sectionNumber":"10","sectionType":"section","heading":"Application of the Act to dangerous goods and high risk plant","content":"10 Application of the Act to dangerous goods and high risk plant\n(1) The following provisions of the Act are excluded from the operation\nof Schedule 1 to the Act:\n(a) Part 5, Divisions 2 to 8;\n(b) Part 6;\n(c) Part 7.\n(2) For the purposes of Schedule 1 of the Act, clause 6, definition\ndangerous goods, the goods listed in table 328 in regulation 328\nare prescribed to be dangerous goods for Schedule 1 of the Act if\nthe quantity of the goods at a place is more than the relevant\nthreshold quantity listed in that table.\n","sortOrder":18},{"sectionNumber":"11","sectionType":"section","heading":"Application of these Regulations","content":"11 Application of these Regulations\nA duty imposed on a person under a provision of these Regulations\nin relation to health and safety does not limit or affect any duty the\nperson has under the Act or, unless otherwise expressly provided,\nany other provision of these Regulations.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 38\n","sortOrder":19},{"sectionNumber":"12","sectionType":"section","heading":"Assessment of risk in relation to a class of hazards, tasks,","content":"12 Assessment of risk in relation to a class of hazards, tasks,\ncircumstances or things\nIf these Regulations require an assessment of risks to health and\nsafety associated with a hazard, task, thing or circumstance, an\nassessment of risks associated with a class of hazards, tasks,\nthings or circumstances may be conducted if:\n(a) all hazards, tasks, things or circumstances in the class are the\nsame; and\n(b) the assessment of risks for the class does not result in any\nworker or other person being exposed to a greater, additional\nor different risk to health and safety than if the risk\nassessment were carried out in relation to each individual\nhazard, task, thing or circumstance.\n","sortOrder":20},{"sectionNumber":"13","sectionType":"section","heading":"Documents incorporated as in force when incorporated","content":"13 Documents incorporated as in force when incorporated\nA reference to any document applied, adopted or incorporated by,\nor referred to in, these Regulations is to be read as a reference to\nthat document as in force at the time the document is applied,\nadopted, incorporated or referred to unless express provision is\nmade to the contrary.\n","sortOrder":21},{"sectionNumber":"14","sectionType":"section","heading":"Inconsistencies between provisions","content":"14 Inconsistencies between provisions\nIf a provision of any document applied, adopted or incorporated by,\nor referred to in, these Regulations is inconsistent with any\nprovision in these Regulations, the provision of these Regulations\nprevails.\n","sortOrder":22},{"sectionNumber":"15","sectionType":"section","heading":"References to standards","content":"15 References to standards\n(1) In these Regulations, a reference consisting of the words\n\"Australian Standard\" or the letters \"AS\" followed in either case by a\nnumber or a number accompanied by a reference to a calendar\nyear is a reference to the standard so numbered published by or on\nbehalf of Standards Australia.\n(2) In these Regulations, a reference consisting of the expression\n\"Australian/New Zealand Standard\" or \"AS/NZS\" followed in either\ncase by a number or a number accompanied by a reference to a\ncalendar year is a reference to the standard so numbered published\njointly by or on behalf of Standards Australia and the Standards\nCouncil of New Zealand.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 39\n","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Negotiations for and determination of work groups","content":"16 Negotiations for and determination of work groups\nNegotiations for and determination of work groups and variations of\nwork groups must be directed at ensuring that the workers are\ngrouped in a way that:\n(a) most effectively and conveniently enables the interests of the\nworkers, in relation to work health and safety, to be\nrepresented; and\n(b) has regard to the need for a health and safety representative\nfor the work group to be readily accessible to each worker in\nthe work group.\nNote for regulation 16\nUnder the Act, a work group may be determined for workers at more than\n1 workplace (section 51(3)) or for workers carrying out work for 2 or more\npersons conducting businesses or undertakings at one or more workplaces\n(Part 5, Division 3, Subdivision 3 of the Act).\n","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":"Matters to be taken into account in negotiations","content":"17 Matters to be taken into account in negotiations\nFor the purposes of sections 52(6) and 56(4) of the Act,\nnegotiations for and determination of work groups and variation of\nagreements concerning work groups must take into account all\n(a) the number of workers;\n(b) the views of workers in relation to the determination and\nvariation of work groups;\n(c) the nature of each type of work carried out by the workers;\n(d) the number and grouping of workers who carry out the same\nor similar types of work;\n(e) the areas or places where each type of work is carried out;\n(f) the extent to which any worker must move from place to place\nwhile at work;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 40\n(g) the diversity of workers and their work;\n(h) the nature of any hazards at the workplace or workplaces;\n(i) the nature of any risks to health and safety at the workplace or\nworkplaces;\n(j) the nature of the engagement of each worker, for example as\nan employee or as a contractor;\n(k) the pattern of work carried out by workers, for example\nwhether the work is full-time, part-time, casual or short-term;\n(l) the times at which work is carried out;\n(m) any arrangements at the workplace or workplaces relating to\novertime or shift work.\n","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Procedures for election of health and safety representatives","content":"18 Procedures for election of health and safety representatives\n(1) This regulation sets out minimum procedural requirements for the\nelection of a health and safety representative for a work group for\nthe purposes of section 61(2) of the Act.\n(2) The person conducting the election must take all reasonable steps\nto ensure that the following procedures are complied with:\n(a) each person conducting a business or undertaking in which a\nworker in the work group works is informed of the date on\nwhich the election is to be held as soon as practicable after\nthe date is determined;\n(b) all workers in the work group are given an opportunity to:\n(i) nominate for the position of health and safety\n(ii) vote in the election;\n(c) all workers in the work group and all relevant persons\nconducting a business or undertaking are informed of the\noutcome of the election.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 41\n","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Person conducting business or undertaking must not delay","content":"19 Person conducting business or undertaking must not delay\nelection\nnot unreasonably delay the election of a health and safety\nrepresentative.\nNote for regulation 19\n","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Removal of health and safety representatives","content":"20 Removal of health and safety representatives\n(1) For the purposes of section 64(2)(d) of the Act, the majority of the\nmembers of a work group may remove a health and safety\nrepresentative for the work group if the members sign a written\ndeclaration that the health and safety representative should no\nlonger represent the work group.\n(2) A member of the work group nominated by the members who\nsigned the declaration must, as soon as practicable:\n(a) inform the following persons of the removal of the health and\nsafety representative:\n(i) the health and safety representative who has been\nremoved;\n(ii) each person conducting a business or undertaking in\nwhich a worker in the work group works; and\n(b) take all reasonable steps to inform all members of the work\ngroup of the removal.\n(3) The removal of the health and safety representative takes effect\nwhen the persons referred to in subregulation (2)(a) and the\nmajority of members of the work group have been informed of the\nremoval.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 42\n","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Training for health and safety representatives","content":"21 Training for health and safety representatives\n(1) For the purposes of section 72(1) of the Act, a health and safety\nrepresentative is entitled to attend the following courses of training\nin work health and safety:\n(a) an initial course of training of up to 5 days;\n(b) up to 1 day's refresher training each year, with the entitlement\nto the first refresher training commencing 1 year after the\ninitial training.\n(1A) An application for approval of a course of training must:\n(a) be made in the manner and form required by the regulator;\nand\n(2) In approving a course of training in work health and safety for the\npurposes of section 72(1) of the Act, the regulator may have regard\nto any relevant matters, including:\n(a) the content and quality of the curriculum, including its\nrelevance to the powers and functions of a health and safety\n(b) the qualifications, knowledge and experience of the person\nwho is to provide the course.\nNotes for regulation 21\n1 This regulation prescribes courses of training to which a health and safety\nrepresentative is entitled. In addition to these courses, the health and\nsafety representative and the person conducting the business or\nundertaking may agree that the representative will attend or receive further\ntraining.\n2 Under the Interpretation Act 1978 the power to approve a course of\ntraining includes a power to revoke or vary the approval.\n","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Agreed procedure – minimum requirements","content":"22 Agreed procedure – minimum requirements\n(1) This regulation sets out minimum requirements for an agreed\nprocedure for issue resolution at a workplace.\n(2) The agreed procedure for issue resolution at a workplace must\ninclude the steps set out in regulation 23.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 43\nensure that the agreed procedure for issue resolution at the\nworkplace:\n(a) complies with subregulation (2); and\n(b) is set out in writing; and\n(c) is communicated to all workers to whom the agreed procedure\napplies.\n","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Default procedure","content":"23 Default procedure\n(1) This regulation sets out the default procedure for issue resolution\nfor the purposes of section 81(2) of the Act.\n(2) Any party to the issue may commence the procedure by informing\neach other party:\n(a) that there is an issue to be resolved; and\n(b) the nature and scope of the issue.\n(3) As soon as parties are informed of the issue, all parties must meet\nor communicate with each other to attempt to resolve the issue.\n(4) The parties must have regard to all relevant matters, including the\n(a) the degree and immediacy of risk to workers or other persons\naffected by the issue;\n(b) the number and location of workers and other persons\naffected by the issue;\n(c) the measures (both temporary and permanent) that must be\nimplemented to resolve the issue;\n(d) who will be responsible for implementing the resolution\nmeasures.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 44\n(5) A party may, in resolving the issue, be assisted or represented by a\nperson nominated by the party.\n(6) If the issue is resolved, details of the issue and its resolution must\nbe set out in a written agreement if any party to the issue requests\nthis.\nUnder the Act, parties to an issue include not only a person conducting a\nbusiness or undertaking, a worker and a health and safety representative, but\nalso representatives of these persons (see section 80 of the Act).\n(7) If a written agreement is prepared all parties to the issue must be\nsatisfied that the agreement reflects the resolution of the issue.\n(8) A copy of the written agreement must be given to:\n(a) all parties to the issue; and\n(b) if requested, to the health and safety committee for the\n(9) To avoid doubt, nothing in this procedure prevents a worker from\nbringing a work health and safety issue to the attention of the\nworker's health and safety representative.\n","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Continuity of engagement of worker","content":"24 Continuity of engagement of worker\nFor the purposes of section 88 of the Act, the prescribed purposes\nare the assessment of eligibility for, or the calculation of benefits\nfor, any benefit or entitlement associated with the worker's\nengagement, including one or more of the following:\n(a) remuneration and promotion, as affected by seniority;\n(b) superannuation benefits;\n(c) leave entitlements;\n(d) any entitlement to notice of termination of the engagement.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 45\n","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Training requirements for WHS entry permits","content":"25 Training requirements for WHS entry permits\n(1) The prescribed training for the purposes of sections 131 and 133 of\nthe Act is training, that is provided or approved by the regulator, in\nrelation to the following:\n(a) the right of entry requirements under Part 7 of the Act;\n(b) the issue resolution requirements under the Act and these\n(c) the duties under, and the framework of, the Act and these\n(d) the requirements for the management of risks under\nsection 17 of the Act;\n(e) the definition reasonably practicable as set out in section 18\nof the Act;\n(f) the relationship between the Act and these Regulations and\nthe Fair Work Act.\n(2) The training must include providing the participant with information\nabout the availability of any guidance material published by the\nregulator in relation to the Act and these Regulations.\n(3) For the purpose of approving training, the regulator may have\nregard to any relevant matters, including:\n(a) the content and quality of the curriculum, including its\nrelevance to the powers and functions of a WHS permit\n(b) the qualifications, knowledge and experience of the person\nwho is to provide the training.\nNote for regulation 25\nUnder the Interpretation Act 1978 the power to approve training includes a power\nto revoke or vary the approval.\n","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Form of WHS entry permit","content":"26 Form of WHS entry permit\nA WHS entry permit must include the following:\n(a) the section of the Act under which the WHS entry permit is\nissued;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 46\n(b) the full name of the WHS entry permit holder;\n(c) the name of the union that the WHS entry permit holder\nrepresents;\n(d) a statement that the WHS entry permit holder is entitled, while\nthe WHS entry permit is in force, to exercise the rights given to\nthe WHS entry permit holder under the Act;\n(e) the date of issue of the WHS entry permit;\n(f) the expiry date for the WHS entry permit;\n(g) the signature of the WHS entry permit holder;\n(h) any conditions on the WHS entry permit.\n","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Notice of entry – general","content":"27 Notice of entry – general\nA notice of entry under Part 7 of the Act must:\n(a) be written; and\n(b) include the following:\n(i) the full name of the WHS entry permit holder;\n(ii) the name of the union that the WHS entry permit holder\nrepresents;\n(iii) the section of the Act under which the WHS entry permit\nholder is entering or proposing to enter the workplace;\n(iv) the name and address of the workplace entered or\nproposed to be entered;\n(v) the date of entry or proposed entry;\n(vi) the additional information and other matters required\nunder regulation 28, 29 or 30 (as applicable).\n","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Additional requirements – entry under section 117","content":"28 Additional requirements – entry under section 117\nA notice of entry under section 119 of the Act in relation to an entry\nunder section 117 must also include the following:\n(a) so far as is practicable, the particulars of the suspected\ncontravention to which the notice relates;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 47\n(b) a declaration stating:\n(i) that the union is entitled to represent the industrial\ninterests of a worker who carries out work at the\nworkplace entered and is a member, or eligible to be a\nmember, of that union; and\n(ii) the provision in the union's rules that entitles the union to\nrepresent the industrial interests of that worker; and\n(iii) that the suspected contravention relates to, or affects,\nthat worker.\nNote for regulation 28\n","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Additional requirements – entry under section 120","content":"29 Additional requirements – entry under section 120\nA notice of entry under section 120 of the Act in relation to an entry\nunder that section must also include the following:\n(a) so far as is practicable, the particulars of the suspected\ncontravention to which the notice relates;\n(b) a description of the employee records and other documents,\nor of the classes of records and documents, directly relevant\nto the suspected contravention, that are proposed to be\ninspected;\n(c) a declaration stating:\n(i) that the union is entitled to represent the industrial\ninterests of a worker who is a member, or eligible to be a\nmember, of that union; and\n(ii) the provision in the union's rules that entitles the union to\nrepresent the industrial interests of that worker; and\n(iii) that the suspected contravention relates to, or affects,\nthat worker; and\n(iv) that the records and documents proposed to be\ninspected relate to that contravention.\nNote for regulation 29\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 48\n","sortOrder":37},{"sectionNumber":"30","sectionType":"section","heading":"Additional requirements – entry under section 121","content":"30 Additional requirements – entry under section 121\nA notice of entry under section 122 of the Act in relation to an entry\nunder section 121 must also include a declaration stating:\n(a) that the union is entitled to represent the industrial interests of\na worker who carries out work at the workplace proposed to\nbe entered and is a member, or eligible to be a member, of\nthat union; and\n(b) the provision in the union's rules that entitles the union to\nrepresent the industrial interests of that worker.\nNote for regulation 30\n","sortOrder":38},{"sectionNumber":"31","sectionType":"section","heading":"Register of WHS entry permit holders","content":"31 Register of WHS entry permit holders\nFor the purposes of section 151 of the Act, the regulator must\npublish on its website:\n(a) an up-to-date register of WHS entry permit holders; and\n(b) the date on which the register was last updated.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 49\n","sortOrder":39},{"sectionNumber":"32","sectionType":"section","heading":"Application of Part 3.1","content":"32 Application of Part 3.1\nThis Part applies to a person conducting a business or undertaking\nwho has a duty under these Regulations to manage risks to health\nand safety.\n","sortOrder":40},{"sectionNumber":"33","sectionType":"section","heading":"Specific requirements must be complied with","content":"33 Specific requirements must be complied with\nAny specific requirements under these Regulations for the\nmanagement of risk must be complied with when implementing the\nrequirements of this Part.\nExamples for regulation 33\n1 A requirement not to exceed an exposure standard.\n2 A duty to implement a specific control measure.\n3 A duty to assess risk.\n34 Duty to identify hazards\nA duty holder, in managing risks to health and safety, must identify\nreasonably foreseeable hazards that could give rise to risks to\nhealth and safety.\n","sortOrder":41},{"sectionNumber":"35","sectionType":"section","heading":"Managing risks to health and safety","content":"35 Managing risks to health and safety\nA duty holder, in managing risks to health and safety, must:\n(a) eliminate risks to health and safety so far as is reasonably\n(b) if it is not reasonably practicable to eliminate risks to health\nand safety – minimise those risks so far as is reasonably\n","sortOrder":42},{"sectionNumber":"36","sectionType":"section","heading":"Hierarchy of control measures","content":"36 Hierarchy of control measures\n(1) This regulation applies if it is not reasonably practicable for a duty\nholder to eliminate risks to health and safety.\n(2) A duty holder, in minimising risks to health and safety, must\nimplement risk control measures in accordance with this regulation.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 50\n(3) The duty holder must minimise risks, so far as is reasonably\npracticable, by doing one or more of the following:\n(a) substituting (wholly or partly) the hazard giving rise to the risk\nwith something that gives rise to a lesser risk;\n(b) isolating the hazard from any person exposed to it;\n(c) implementing engineering controls.\n(4) If a risk then remains, the duty holder must minimise the remaining\nrisk, so far as is reasonably practicable, by implementing\nadministrative controls.\n(5) If a risk then remains, the duty holder must minimise the remaining\nrisk, so far as is reasonably practicable, by ensuring the provision\nand use of suitable personal protective equipment.\nNote for regulation 36\nA combination of the controls set out in this regulation may be used to minimise\nrisks, so far as is reasonably practicable, if a single control is not sufficient for the\npurpose.\n","sortOrder":43},{"sectionNumber":"37","sectionType":"section","heading":"Maintenance of control measures","content":"37 Maintenance of control measures\nA duty holder who implements a control measure to eliminate or\nminimise risks to health and safety must ensure that the control\nmeasure is, and is maintained so that it remains, effective, including\nby ensuring that the control measure is and remains:\n(a) fit for purpose; and\n(b) suitable for the nature and duration of the work; and\n(c) installed, set up and used correctly.\n","sortOrder":44},{"sectionNumber":"38","sectionType":"section","heading":"Review of control measures","content":"38 Review of control measures\n(1) A duty holder must review and as necessary revise control\nmeasures implemented under these Regulations so as to maintain,\nso far as is reasonably practicable, a work environment that is\nwithout risks to health or safety.\n(2) Without limiting subregulation (1), the duty holder must review and\nas necessary revise a control measure in the following\ncircumstances:\n(a) the control measure does not control the risk it was\nimplemented to control so far as is reasonably practicable;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 51\n(b) before a change at the workplace that is likely to give rise to a\nnew or different risk to health or safety that the measure may\nnot effectively control;\n(c) a new relevant hazard or risk is identified;\n(d) the results of consultation by the duty holder under the Act or\nthese Regulations indicate that a review is necessary;\nsubregulation (4).\nExamples for subregulation (2)(a)\n1 The results of monitoring show that the control measure does not control\nthe risk.\n2 A notifiable incident occurs because of the risk.\n(3) Without limiting subregulation (2)(b), a change at the workplace\n(a) a change to the workplace itself or any aspect of the work\nenvironment; or\n(b) a change to a system of work, a process or a procedure.\n(4) A health and safety representative for workers at a workplace may\nrequest a review of a control measure if the representative\nreasonably believes that:\n(b) the duty holder has not adequately reviewed the control\nmeasure in response to the circumstance.\n","sortOrder":45},{"sectionNumber":"39","sectionType":"section","heading":"Provision of information, training and instruction","content":"39 Provision of information, training and instruction\n(1) This regulation applies for the purposes of section 19 of the Act to a\nperson conducting a business or undertaking.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 52\n(2) The person must ensure that information, training and instruction\nprovided to a worker is suitable and adequate having regard to:\n(a) the nature of the work carried out by the worker; and\n(b) the nature of the risks associated with the work at the time the\ninformation, training or instruction is provided; and\n(c) the control measures implemented.\n(3) The person must ensure, so far as is reasonably practicable, that\nthe information, training and instruction provided under this\nregulation is provided in a way that is readily understandable by any\nperson to whom it is provided.\n","sortOrder":46},{"sectionNumber":"40","sectionType":"section","heading":"Duty in relation to general workplace facilities","content":"40 Duty in relation to general workplace facilities\nensure, so far as is reasonably practicable, the following:\n(a) the layout of the workplace allows, and the workplace is\nmaintained so as to allow, for persons to enter and exit and to\nmove about without risk to health and safety, both under\nnormal working conditions and in an emergency;\n(b) work areas have space for work to be carried out without risk\nto health and safety;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 53\n(c) floors and other surfaces are designed, installed and\nmaintained to allow work to be carried out without risk to\nhealth and safety;\n(d) lighting enables:\n(i) each worker to carry out work without risk to health and\nsafety; and\n(ii) persons to move within the workplace without risk to\nhealth and safety; and\n(iii) safe evacuation in an emergency;\n(e) ventilation enables workers to carry out work without risk to\nhealth and safety;\n(f) workers carrying out work in extremes of heat or cold are able\nto carry out work without risk to health and safety;\n(g) work in relation to or near essential services does not give rise\nto a risk to the health and safety of persons at the workplace.\nNote for regulation 40\n","sortOrder":47},{"sectionNumber":"41","sectionType":"section","heading":"Duty to provide and maintain adequate and accessible","content":"41 Duty to provide and maintain adequate and accessible\nensure, so far as is reasonably practicable, the provision of\nadequate facilities for workers, including toilets, drinking water,\nwashing facilities and eating facilities.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 54\n(2) The person conducting a business or undertaking at a workplace\nmust ensure, so far as is reasonably practicable, that the facilities\nprovided under subregulation (1) are maintained so as to be:\n(a) in good working order; and\n(b) clean, safe and accessible.\n(3) For the purposes of this regulation, a person conducting a business\nor undertaking must have regard to all relevant matters, including\n(c) the size, location and nature of the workplace;\n(d) the number and composition of the workers at the workplace.\n","sortOrder":48},{"sectionNumber":"42","sectionType":"section","heading":"Duty to provide first aid","content":"42 Duty to provide first aid\nensure:\n(a) the provision of first aid equipment for the workplace; and\n(b) that each worker at the workplace has access to the\nequipment; and\n(c) access to facilities for the administration of first aid.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 55\n(a) an adequate number of workers are trained to administer first\naid at the workplace; or\n(b) workers have access to an adequate number of other persons\nwho have been trained to administer first aid.\n(3) For the purposes of this regulation, the person conducting the\nbusiness or undertaking must have regard to all relevant matters,\n(c) the size and location of the workplace;\n(d) the number and composition of the workers and other persons\n","sortOrder":49},{"sectionNumber":"43","sectionType":"section","heading":"Duty to prepare, maintain and implement emergency plan","content":"43 Duty to prepare, maintain and implement emergency plan\nensure that an emergency plan is prepared for the workplace, that\nprovides for the following:\n(a) emergency procedures, including:\n(i) an effective response to an emergency; and\n(ii) evacuation procedures; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 56\n(iii) notifying emergency service organisations at the earliest\nopportunity; and\n(iv) medical treatment and assistance; and\n(v) effective communication between the person authorised\nby the person conducting the business or undertaking to\ncoordinate the emergency response and all persons at\nthe workplace;\n(b) testing of the emergency procedures, including the frequency\nof testing;\n(c) information, training and instruction to relevant workers in\nrelation to implementing the emergency procedures.\nmaintain the emergency plan for the workplace so that it remains\neffective.\n(3) For the purposes of subregulations (1) and (2), the person\nconducting the business or undertaking must have regard to all\n(c) the size and location of the workplace;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 57\n(d) the number and composition of the workers and other persons\nimplement the emergency plan for the workplace in the event of an\nemergency.\n","sortOrder":50},{"sectionNumber":"44","sectionType":"section","heading":"Provision to workers and use of personal protective equipment","content":"44 Provision to workers and use of personal protective equipment\n(1) This regulation applies if personal protective equipment is to be\nused to minimise a risk to health and safety in relation to work at a\nworkplace in accordance with regulation 36.\n(2) The person conducting a business or undertaking who directs the\ncarrying out of work must provide the personal protective\nequipment to workers at the workplace, unless the personal\nprotective equipment has been provided by another person\nconducting a business or undertaking.\nEquipment that has been provided by a labour hire company.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 58\n(3) The person conducting the business or undertaking who directs the\ncarrying out of work must ensure that personal protective\nequipment provided under subregulation (2) is:\n(a) selected to minimise risk to health and safety, including by\nensuring that the equipment is:\n(i) suitable having regard to the nature of the work and any\nhazard associated with the work; and\n(ii) a suitable size and fit and reasonably comfortable for the\nworker who is to use or wear it; and\n(b) maintained, repaired or replaced so that it continues to\nminimise risk to the worker who uses it, including by ensuring\nthat the equipment is:\n(i) clean and hygienic; and\n(ii) in good working order; and\n(c) used or worn by the worker, so far as is reasonably\n(4) The person conducting a business or undertaking who directs the\ncarrying out of work must provide the worker with information,\ntraining and instruction in the:\n(a) proper use and wearing of personal protective equipment; and\n(b) the storage and maintenance of personal protective\nNote for regulation 44\nA person conducting a business or undertaking must not charge or impose a levy\non a worker for the provision of personal protective equipment (see section 273\nof the Act).\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 59\n","sortOrder":51},{"sectionNumber":"45","sectionType":"section","heading":"Personal protective equipment used by other persons","content":"45 Personal protective equipment used by other persons\nThe person conducting a business or undertaking who directs the\ncarrying out of work must ensure, so far as is reasonably\npracticable, that:\n(a) personal protective equipment to be used or worn by any\nperson other than a worker at the workplace is capable of\nminimising risk to the person's health and safety; and\n(b) the person uses or wears the equipment.\nNote for regulation 45\n","sortOrder":52},{"sectionNumber":"46","sectionType":"section","heading":"Duties of worker","content":"46 Duties of worker\nundertaking provides a worker with personal protective equipment.\n(2) The worker must, so far as the worker is reasonably able, use or\nwear the equipment in accordance with any information, training or\nreasonable instruction by the person conducting the business or\nundertaking.\n(3) The worker must not intentionally misuse or damage the\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 60\n(3A) Section 12B of the Act does not apply to an offence against\n(4) The worker must inform the person conducting the business or\nundertaking of any damage to, defect in or need to clean or\ndecontaminate any of the equipment of which the worker becomes\naware.\n","sortOrder":53},{"sectionNumber":"47","sectionType":"section","heading":"Duty of person other than worker","content":"47 Duty of person other than worker\nA person other than a worker must wear personal protective\nequipment at a workplace in accordance with any information,\ntraining or reasonable instruction provided by the person\nconducting the business or undertaking at the workplace.\nNote for regulation 47\n","sortOrder":54},{"sectionNumber":"48","sectionType":"section","heading":"Remote or isolated work","content":"48 Remote or isolated work\nto the health and safety of a worker associated with remote or\nisolated work, in accordance with Part 3.1.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 61\n(2) In minimising risks to the health and safety of a worker associated\nwith remote or isolated work, a person conducting a business or\nundertaking must provide a system of work that includes effective\ncommunication with the worker.\nassistance includes rescue, medical assistance and the\nattendance of emergency service workers.\nremote or isolated work, in relation to a worker, means work that\nis isolated from the assistance of other persons because of\nlocation, time or the nature of the work.\n","sortOrder":55},{"sectionNumber":"49","sectionType":"section","heading":"Ensuring exposure standards for substances and mixtures not","content":"49 Ensuring exposure standards for substances and mixtures not\nexceeded\nensure that no person at the workplace is exposed to a substance\nor mixture in an airborne concentration that exceeds the exposure\nstandard for the substance or mixture.\nNote for regulation 49\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 62\n","sortOrder":56},{"sectionNumber":"50","sectionType":"section","heading":"Monitoring airborne contaminant levels","content":"50 Monitoring airborne contaminant levels\nensure that air monitoring is carried out to determine the airborne\nconcentration of a substance or mixture at the workplace to which\nan exposure standard applies if:\n(a) the person is not certain on reasonable grounds whether or\nnot the airborne concentration of the substance or mixture at\nthe workplace exceeds the relevant exposure standard; or\n(b) monitoring is necessary to determine whether there is a risk to\nhealth.\nensure that the results of air monitoring carried out under\nsubregulation (1) are recorded, and kept for 30 years after the date\nthe record is made.\nensure that the results of air monitoring carried out under\nsubregulation (1) are readily accessible to persons at the workplace\nwho may be exposed to the substance or mixture.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 63\n","sortOrder":57},{"sectionNumber":"51","sectionType":"section","heading":"Managing risks to health and safety","content":"51 Managing risks to health and safety\nmanage risks to health and safety associated with a hazardous\natmosphere at the workplace, in accordance with Part 3.1.\n(2) An atmosphere is a hazardous atmosphere if:\n(a) the atmosphere does not have a safe oxygen level; or\n(b) the concentration of oxygen in the atmosphere increases the\nfire risk; or\n(c) the concentration of flammable gas, vapour, mist or fumes\nexceeds 5% of the LEL for the gas, vapour, mist or fumes; or\n(d) combustible dust is present in a quantity and form that would\nresult in a hazardous area.\n","sortOrder":58},{"sectionNumber":"52","sectionType":"section","heading":"Ignition sources","content":"52 Ignition sources\nmanage risks to health and safety associated with an ignition\nsource in a hazardous atmosphere at the workplace, in accordance\nwith Part 3.1.\n(2) This regulation does not apply if the ignition source is part of a\ndeliberate process or activity at the workplace.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 64\n","sortOrder":59},{"sectionNumber":"Div 9","sectionType":"division","heading":"Storage of flammable or combustible substances","content":"Division 9 Storage of flammable or combustible substances\n","sortOrder":60},{"sectionNumber":"53","sectionType":"section","heading":"Flammable and combustible material not to be accumulated","content":"53 Flammable and combustible material not to be accumulated\nensure that, if flammable or combustible substances are kept at the\nworkplace, the substances are kept at the lowest practicable\nquantity for the workplace.\nflammable or combustible substances include:\n(a) flammable and combustible liquids, including waste liquids, in\ncontainers, whether empty or full; and\n(b) gas cylinders, whether empty or full.\n","sortOrder":61},{"sectionNumber":"54","sectionType":"section","heading":"Management of risk of falling objects","content":"54 Management of risk of falling objects\nassociated with an object falling on a person if the falling object is\nreasonably likely to injure the person.\nNote for regulation 54\n","sortOrder":62},{"sectionNumber":"55","sectionType":"section","heading":"Minimising risk associated with falling objects","content":"55 Minimising risk associated with falling objects\n(1) This regulation applies if it is not reasonably practicable to eliminate\nthe risk referred to in regulation 54.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 65\n(2) The person conducting the business or undertaking at a workplace\nmust minimise the risk of an object falling on a person by providing\nadequate protection against the risk in accordance with this\n(3) The person provides adequate protection against the risk if the\nperson provides and maintains a safe system of work, including:\n(a) preventing an object from falling freely, so far as is reasonably\npracticable; or\n(b) if it is not reasonably practicable to prevent an object from\nfalling freely – providing, so far as is reasonably practicable, a\nsystem to arrest the fall of a falling object.\n1 Providing a secure barrier.\n2 Providing a safe means of raising and lowering objects.\n3 Providing an exclusion zone persons are prohibited from entering.\n55A Meaning of psychosocial hazard\nA psychosocial hazard is a hazard that:\n(a) arises from or relates to:\n(i) the design or management of work; or\n(ii) a work environment; or\n(iii) plant at a workplace; or\n(iv) workplace interactions or behaviours; and\n(b) may cause psychological harm (whether or not it may also\ncause physical harm).\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 66\n","sortOrder":63},{"sectionNumber":"55B","sectionType":"section","heading":"Meaning of psychosocial risk","content":"55B Meaning of psychosocial risk\nA psychosocial risk is a risk to the health or safety of a worker or\nother person arising from a psychosocial hazard.\n","sortOrder":64},{"sectionNumber":"55C","sectionType":"section","heading":"Managing psychosocial risks","content":"55C Managing psychosocial risks\nA person conducting a business or undertaking must manage\npsychosocial risks in accordance with Part 3.1.\n","sortOrder":65},{"sectionNumber":"55D","sectionType":"section","heading":"Control measures","content":"55D Control measures\n(1) A person conducting a business or undertaking must implement\ncontrol measures:\n(a) to eliminate psychosocial risks so far as is reasonably\n(b) if it is not reasonably practicable to eliminate psychosocial\nrisks – to minimise the risks so far as is reasonably\n(2) In determining the control measures to implement under\nsubregulation (1), the person must have regard to all relevant\nmatters, including the following:\n(a) the duration, frequency and severity of the exposure of\nworkers and other persons to the psychosocial hazards;\n(b) how the psychosocial hazards may interact or combine;\n(c) the design of work, including job demands and tasks;\n(d) the systems of work, including how work is managed,\norganised and supported;\n(e) the design and layout, and environmental conditions of the\nworkplace, including the provision of:\n(i) safe means of entering and exiting the workplace; and\n(ii) facilities for the welfare of workers;\n(f) the design and layout, and environmental conditions, of\nworkers' accommodation;\n(g) the plant, substances and structures at the workplace;\n(h) workplace interactions or behaviours;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 67\n(i) the information, training, instruction and supervision provided\nto workers.\nworkers' accommodation means premises to which section 19(4)\nof the Act applies.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 68\n","sortOrder":66},{"sectionNumber":"56","sectionType":"section","heading":"Meaning of exposure standard for noise","content":"56 Meaning of exposure standard for noise\n(1) In these Regulations:\nexposure standard for noise, in relation to a person, means:\n(a) L Aeq,8h of 85 dB(A); or\n(b) L C,peak of 140 dB(C).\nLAeq,8h means the eight-hour equivalent continuous A-weighted\nsound pressure level in decibels (dB(A)) referenced to 20 μPa,\ndetermined in accordance with AS/NZS 1269.1:2005 (Occupational\nnoise management – Measurement and assessment of noise\nimmission and exposure).\nLC,peak means the C-weighted peak sound pressure level in decibels\n(dB(C)) referenced to 20 μPa, determined in accordance with\nAS/NZS 1269.1:2005 (Occupational noise management –\nMeasurement and assessment of noise immission and exposure).\n","sortOrder":67},{"sectionNumber":"57","sectionType":"section","heading":"Managing risk of hearing loss from noise","content":"57 Managing risk of hearing loss from noise\nrelating to hearing loss associated with noise.\nensure that the noise that a worker is exposed to at the workplace\ndoes not exceed the exposure standard for noise.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 69\n","sortOrder":68},{"sectionNumber":"58","sectionType":"section","heading":"Audiometric testing","content":"58 Audiometric testing\n(1) This regulation applies in relation to a worker who is frequently\nrequired by the person conducting the business or undertaking to\nuse personal protective equipment to protect the worker from the\nrisk of hearing loss associated with noise that exceeds the\nexposure standard for noise.\n(2) The person conducting the business or undertaking who provides\nthe personal protective equipment as a control measure must\nprovide audiometric testing for the worker:\n(a) within 3 months of the worker commencing the work; and\n(b) in any event, at least every 2 years.\naudiometric testing means the testing and measurement of the\nhearing threshold levels of each ear of a person by means of pure\ntone air conduction threshold tests.\n","sortOrder":69},{"sectionNumber":"59","sectionType":"section","heading":"Duties of designers, manufacturers, importers and suppliers of","content":"59 Duties of designers, manufacturers, importers and suppliers of\n(1) A designer of plant must ensure that the plant is designed so that\nits noise emission is as low as is reasonably practicable.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 70\n(2) A designer of plant must give to each person who is provided with\nthe design for the purpose of giving effect to it adequate information\nabout:\n(a) the noise emission values of the plant; and\n(b) the operating conditions of the plant when noise emission is to\nbe measured; and\n(c) the methods the designer has used to measure the noise\nemission of the plant.\n(3) A manufacturer of plant must ensure that the plant is manufactured\nso that its noise emission is as low as is reasonably practicable.\n(4) A manufacturer of plant must give to each person to whom the\nmanufacturer provides the plant adequate information about:\n(a) the noise emission values of the plant; and\n(b) the operating conditions of the plant when noise emission is to\nbe measured; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 71\n(c) the methods the manufacturer has used to measure the noise\nemission of the plant.\n(5) An importer of plant must take all reasonable steps to:\n(a) obtain information about:\n(i) the noise emission values of the plant; and\n(ii) the operating conditions of the plant when noise\nemission is to be measured; and\n(iii) the methods the designer or manufacturer has used to\nmeasure the noise emission of the plant; and\n(6) A supplier of plant must take all reasonable steps to:\n(a) obtain the information the designer, manufacturer or importer\nis required to give a supplier under subregulation (2), (4) or\n(5); and\n(b) give that information to any person to whom the supplier\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 72\n","sortOrder":70},{"sectionNumber":"60","sectionType":"section","heading":"Managing risks to health and safety","content":"60 Managing risks to health and safety\nto health and safety relating to a musculoskeletal disorder\nassociated with a hazardous manual task, in accordance with\n","sortOrder":71},{"sectionNumber":"Part 3","sectionType":"part","heading":"1.","content":"Part 3.1.\n(2) In determining the control measures to implement under\nsubregulation (1), the person conducting the business or\nundertaking must have regard to all relevant matters that may\ncontribute to a musculoskeletal disorder, including:\n(a) postures, movements, forces and vibration relating to the\nhazardous manual task; and\n(b) the duration and frequency of the hazardous manual task; and\n(c) workplace environmental conditions that may affect the\nhazardous manual task or the worker performing it; and\n(d) the design of the work area; and\n(e) the layout of the workplace; and\n(f) the systems of work used; and\n(g) the nature, size, weight or number of persons, animals or\nthings involved in carrying out the hazardous manual task.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 73\n","sortOrder":72},{"sectionNumber":"61","sectionType":"section","heading":"Duties of designers, manufacturers, importers and suppliers of","content":"61 Duties of designers, manufacturers, importers and suppliers of\n(1) A designer of plant or a structure must ensure that the plant or\nstructure is designed so as to eliminate the need for any hazardous\nmanual task to be carried out in connection with the plant or\nstructure.\n(2) If it is not reasonably practicable to comply with subregulation (1),\nthe designer must ensure that the plant or structure is designed so\nthat the need for any hazardous manual task to be carried out in\nconnection with the plant or structure is minimised so far as is\n(3) The designer must give to each person who is provided with the\ndesign for the purpose of giving effect to it adequate information\nabout the features of the plant or structure that eliminate or\nminimise the need for any hazardous manual task to be carried out\nin connection with the plant or structure.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 74\n(4) A manufacturer of plant or a structure must ensure that the plant or\nstructure is manufactured so as to eliminate the need for any\nhazardous manual task to be carried out in connection with the\nplant or structure.\n(5) If it is not reasonably practicable to comply with subregulation (4),\nthe manufacturer must ensure that the plant or structure is\nmanufactured so that the need for any hazardous manual task to be\ncarried out in connection with the plant or structure is minimised so\nfar as is reasonably practicable.\n(6) The manufacturer must give to each person to whom the\nmanufacturer provides the plant or structure adequate information\nabout the features of the plant or structure that eliminate or\nminimise the need for any hazardous manual task to be carried out\nin connection with the plant or structure.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 75\n(7) An importer of plant or a structure must take all reasonable steps\nto:\n(a) obtain the information the designer or manufacturer is required\nto give under subregulation (3) or (6); and\n(8) A supplier of plant or a structure must take all reasonable steps to:\n(a) obtain the information the designer, manufacturer or importer\nis required to give a supplier under subregulation (3), (6)\nor (7); and\n(b) give that information to any person to whom the supplier\nNote for subregulation (8)\n","sortOrder":73},{"sectionNumber":"62","sectionType":"section","heading":"Confined spaces to which this Part applies","content":"62 Confined spaces to which this Part applies\n(1) This Part applies to confined spaces that:\n(a) are entered by any person; or\n(b) are intended or likely to be entered by any person; or\n\n","sortOrder":74},{"sectionNumber":"Div 2","sectionType":"division","heading":"Duties of designer, manufacturer, importer, supplier, installer and constructor","content":"Division 2 Duties of designer, manufacturer, importer, supplier, installer and constructor\nof plant or structure\nWork Health and Safety (National Uniform Legislation) Regulations 2011 76\n(c) could be entered inadvertently by any person.\n(2) In this Part, a reference to a confined space in relation to a person\nconducting a business or undertaking is a reference to a confined\nspace that is under the person's management or control.\n","sortOrder":75},{"sectionNumber":"63","sectionType":"section","heading":"Application to emergency service workers","content":"63 Application to emergency service workers\nRegulations 67 and 68 do not apply to the entry into a confined\nspace by an emergency service worker if, at the direction of the\nemergency service organisation, the worker is:\n(a) rescuing a person from the space; or\n(b) providing first aid to a person in the space.\nDivision 2 Duties of designer, manufacturer, importer,\nsupplier, installer and constructor of plant or\nstructure\n","sortOrder":76},{"sectionNumber":"64","sectionType":"section","heading":"Duty to eliminate or minimise risk","content":"64 Duty to eliminate or minimise risk\n(1) This regulation applies in relation to plant or a structure that\nincludes a space that is, or is intended to be, a confined space.\n(2) A designer, manufacturer, importer or supplier of the plant or\nstructure, and a person who installs or constructs the plant or\nstructure, must ensure that:\n(a) the need for any person to enter the space and the risk of a\nperson inadvertently entering the space are eliminated, so far\nas is reasonably practicable; or\n(b) if it is not reasonably practicable to eliminate the need to enter\nthe space or the risk of a person inadvertently entering the\nspace:\n(i) the need or risk is minimised so far as is reasonably\n(ii) the space is designed with a safe means of entry and\nexit; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 77\n(iii) the risk to the health and safety of any person who\nenters the space is eliminated so far as is reasonably\npracticable or, if it is not reasonably practicable to\neliminate the risk, the risk is minimised so far as is\n","sortOrder":77},{"sectionNumber":"Div 3","sectionType":"division","heading":"Duties of person conducting business or","content":"Division 3 Duties of person conducting business or\n","sortOrder":78},{"sectionNumber":"65","sectionType":"section","heading":"Entry into confined space must comply with this Division","content":"65 Entry into confined space must comply with this Division\nA person conducting a business or undertaking must ensure, so far\nas is reasonably practicable, that a worker does not enter a\nconfined space before this Division has been complied with in\nrelation to that space.\nNote for regulation 65\n","sortOrder":79},{"sectionNumber":"66","sectionType":"section","heading":"Managing risks to health and safety","content":"66 Managing risks to health and safety\n(1) A person conducting a business or undertaking must manage, in\naccordance with Part 3.1, risks to health and safety associated with\na confined space at a workplace including risks associated with\nentering, working in, on or in the vicinity of the confined space\n(including a risk of a person inadvertently entering the confined\nspace).\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 78\nrisk assessment is conducted by a competent person for the\npurposes of subregulation (1).\n(3) The person must ensure that a risk assessment conducted under\nsubregulation (2) is recorded in writing.\n(4) For the purposes of subregulations (1) and (2), the person\nconducting a business or undertaking must have regard to all\n(a) whether the work can be carried out without the need to enter\nthe confined space;\n(b) the nature of the confined space;\n(c) if the hazard is associated with the concentration of oxygen or\nthe concentration of airborne contaminants in the confined\nspace – any change that may occur in that concentration;\n(d) the work required to be carried out in the confined space, the\nrange of methods by which the work can be carried out and\nthe proposed method of working;\n(e) the type of emergency procedures, including rescue\nprocedures, required.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 79\n(5) The person conducting a business or undertaking must ensure that\na risk assessment under this regulation is reviewed and as\nnecessary revised by a competent person to reflect any review and\nrevision of control measures under Part 3.1.\n","sortOrder":80},{"sectionNumber":"67","sectionType":"section","heading":"Confined space entry permit","content":"67 Confined space entry permit\nnot direct a worker to enter a confined space to carry out work\nunless the person has issued a confined space entry permit for the\n(2) A confined space entry permit must:\n(a) be completed by a competent person; and\n(b) be in writing; and\n(c) specify the following:\n(i) the confined space to which the permit relates;\n(ii) the names of persons permitted to enter the space;\n(iii) the period of time during which the work in the space will\nbe carried out;\n(iv) measures to control risk associated with the proposed\nwork in the space; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 80\n(d) contain space for an acknowledgement that work in the\nconfined space has been completed and that all persons have\nleft the confined space.\n(3) The control measures specified in a confined space permit must:\n(a) be based on a risk assessment conducted under\nregulation 66; and\n(b) include:\n(i) control measures to be implemented for safe entry; and\n(ii) details of the system of work provided under\nregulation 69.\n(4) The person conducting a business or undertaking must ensure that,\nwhen the work for which the entry permit was issued is completed:\n(a) all workers leave the confined space; and\n(b) the acknowledgement referred to in subregulation (2)(d) is\ncompleted by the competent person.\n","sortOrder":81},{"sectionNumber":"68","sectionType":"section","heading":"Signage","content":"68 Signage\nsigns that comply with subregulation (2) are erected:\n(a) immediately before work in a confined space commences and\nwhile the work is being carried out; and\n(b) while work is being carried out in preparation for, and in the\ncompletion of, work in a confined space.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 81\n(2) The signs must:\n(a) identify the confined space; and\n(b) inform workers that they must not enter the space unless they\nhave a confined space entry permit; and\n(c) be clear and prominently located next to each entry to the\nspace.\n","sortOrder":82},{"sectionNumber":"69","sectionType":"section","heading":"Communication and safety monitoring","content":"69 Communication and safety monitoring\nA person conducting a business or undertaking must ensure that a\nworker does not enter a confined space to carry out work unless the\nperson provides a system of work that includes:\n(a) continuous communication with the worker from outside the\nspace; and\n(b) monitoring of conditions within the space by a standby person\nwho is in the vicinity of the space and, if practicable, observing\nthe work being carried out.\nNote for regulation 69\n","sortOrder":83},{"sectionNumber":"70","sectionType":"section","heading":"Specific control – connected plant and services","content":"70 Specific control – connected plant and services\n(1) A person conducting a business or undertaking must, so far as is\nreasonably practicable, eliminate any risk associated with work in a\nconfined space in either of the following circumstances:\n(a) the introduction of any substance or condition into the space\nfrom or by any plant or services connected to the space;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 82\n(b) the activation or energising in any way of any plant or services\nconnected to the space.\n(2) If it is not reasonably practicable for the person to eliminate risk\nunder subregulation (1), the person must minimise that risk so far\nas is reasonably practicable.\n","sortOrder":84},{"sectionNumber":"71","sectionType":"section","heading":"Specific control – atmosphere","content":"71 Specific control – atmosphere\n(1) A person conducting a business or undertaking must ensure, in\nrelation to work in a confined space, that:\n(a) purging or ventilation of any contaminant in the atmosphere of\nthe space is carried out, so far as is reasonably practicable;\nand\n(b) pure oxygen or gas mixtures with oxygen in a concentration\nexceeding 21% by volume are not used for purging or\nventilation of any airborne contaminant in the space.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 83\n(2) The person must ensure that, while work is being carried out in a\nconfined space:\n(a) the atmosphere of the space has a safe oxygen level; or\n(b) if it is not reasonably practicable to comply with paragraph (a)\nand the atmosphere in the space has an oxygen level less\nthan 19.5% by volume – any worker carrying out work in the\nspace is provided with air supplied respiratory equipment.\npurging means the method used to displace any contaminant from\na confined space.\nNotes for regulation 71\n1 Regulation 44 applies to the use of personal protective equipment,\nincluding the equipment provided under subregulation (2).\n2 Regulation 50 applies to airborne contaminants.\n72 Specific control – flammable gases and vapours\n(1) A person conducting a business or undertaking must ensure, so far\nas is reasonably practicable, that while work is being carried out in\na confined space, the concentration of any flammable gas, vapour\nor mist in the atmosphere of the space is less than 5% of its LEL.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 84\n(2) If it is not reasonably practicable to limit the atmospheric\nconcentration of a flammable gas, vapour or mist in a confined\nspace to less than 5% of its LEL and the atmospheric concentration\nof the flammable gas, vapour or mist in the space is:\n(a) equal to or greater than 5% but less than 10% of its LEL – the\nperson must ensure that any worker is immediately removed\nfrom the space unless a suitably calibrated,\ncontinuous-monitoring flammable gas detector is used in the\nspace; or\n(b) equal to or greater than 10% of its LEL – the person must\nensure that any worker is immediately removed from the\nspace.\n","sortOrder":85},{"sectionNumber":"73","sectionType":"section","heading":"Specific control – fire and explosion","content":"73 Specific control – fire and explosion\nA person conducting a business or undertaking must ensure that an\nignition source is not introduced into a confined space (from outside\nor within the space) if there is a possibility of the ignition source\ncausing a fire or explosion in the space.\nNote for regulation 73\n","sortOrder":86},{"sectionNumber":"74","sectionType":"section","heading":"Emergency procedures","content":"74 Emergency procedures\n(1) A person conducting a business or undertaking must:\n(a) establish first aid procedures and rescue procedures to be\nfollowed in the event of an emergency in a confined space;\nand\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 85\n(b) ensure that the procedures are practised as necessary to\nensure that they are efficient and effective.\n(2) The person must ensure that first aid and rescue procedures are\ninitiated from outside the confined space as soon as practicable in\n(3) The person must ensure, in relation to any confined space, that:\n(a) the entry and exit openings of the confined space are large\nenough to allow emergency access; and\n(b) the entry and exit openings of the space are not obstructed;\nand\n(c) plant, equipment and personal protective equipment provided\nfor first aid or emergency rescue are maintained in good\nworking order.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 86\nNote for regulation 74\nSee Part 3.2 for general provisions relating to first aid, personal protective\nequipment and emergency plans.\n","sortOrder":87},{"sectionNumber":"75","sectionType":"section","heading":"Personal protective equipment in emergencies","content":"75 Personal protective equipment in emergencies\n(1) This regulation applies in relation to a worker who is to enter a\nconfined space in order to carry out first aid or rescue procedures in\n(2) The person conducting the business or undertaking for which the\nworker is carrying out work must ensure that air supplied respiratory\nequipment is available for use by, and is provided to, the worker in\nan emergency in which:\n(a) the atmosphere in the confined space does not have a safe\noxygen level; or\n(b) the atmosphere in the space has a harmful concentration of\nan airborne contaminant; or\n(c) there is a serious risk of the atmosphere in the space\nbecoming affected in the way referred to in paragraph (a) or\n(b) while the worker is in the space.\n(3) The person conducting the business or undertaking for which the\nworker is carrying out work must ensure that suitable personal\nprotective equipment is available for use by, and is provided to, the\nworker in an emergency in which:\n(a) an engulfment has occurred inside the confined space; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 87\n(b) there is a serious risk of an engulfment occurring while the\nworker is in the space.\nNote for regulation 75\nRegulation 44 applies to the use of personal protective equipment, including the\nequipment provided under this regulation.\n","sortOrder":88},{"sectionNumber":"76","sectionType":"section","heading":"Information, training and instruction for workers","content":"76 Information, training and instruction for workers\nrelevant workers are provided with suitable and adequate\ninformation, training and instruction in relation to the following:\n(a) the nature of all hazards relating to a confined space;\n(b) the need for, and the appropriate use of, control measures to\ncontrol risks to health and safety associated with those\n(c) the selection, fit, use, wearing, testing, storage and\nmaintenance of any personal protective equipment;\n(d) the contents of any confined space entry permit that may be\nissued in relation to work carried out by the worker in a\nconfined space;\n(e) emergency procedures.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 88\n(2) The person must ensure that a record of all training provided to a\nworker under this regulation is kept for 2 years.\n(3) In subregulation (1):\nrelevant worker means:\n(a) a worker who, in carrying out work for the business or\nundertaking, could:\n(i) enter or work in a confined space; or\n(ii) carry out any function in relation to work in a confined\nspace or the emergency procedures established under\nregulation 74, but who is not required to enter the space;\nor\n(b) any person supervising a worker referred to in paragraph (a).\n","sortOrder":89},{"sectionNumber":"77","sectionType":"section","heading":"Confined space entry permit and risk assessment must be","content":"77 Confined space entry permit and risk assessment must be\nkept\nundertaking:\n(a) prepares a risk assessment under regulation 66; or\n(b) issues a confined space entry permit under regulation 67.\n(2) Subject to subregulation (3), the person must keep:\n(a) a copy of the risk assessment until at least 28 days after the\nwork to which it relates is completed; and\n(b) a copy of the confined space entry permit at least until the\nwork to which it relates is completed.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 89\n(3) If a notifiable incident occurs in connection with the work to which\nthe assessment or permit relates, the person must keep the copy of\nthe assessment or permit (as applicable) for at least 2 years after\nthe incident occurs.\n(4) The person must ensure that, for the period for which the\nassessment or permit must be kept under this regulation, a copy is\n(5) The person must ensure that, for the period for which the\nassessment or permit must be kept under this regulation, a copy is\navailable to any relevant worker on request.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 90\n","sortOrder":90},{"sectionNumber":"78","sectionType":"section","heading":"Management of risk of fall","content":"78 Management of risk of fall\nassociated with a fall by a person from one level to another that is\nreasonably likely to cause injury to the person or any other person.\n(2) Subregulation (1) includes the risk of a fall:\n(a) in or on an elevated workplace from which a person could fall;\nor\n(b) in the vicinity of an opening through which a person could fall;\nor\n(c) in the vicinity of an edge over which a person could fall; or\n(d) on a surface through which a person could fall; or\n(e) in any other place from which a person could fall.\n(3) A person conducting a business or undertaking must ensure, so far\nas is reasonably practicable, that any work that involves the risk of\na fall to which subregulation (1) applies is carried out on the ground\nor on a solid construction.\n(4) A person conducting a business or undertaking must provide safe\nmeans of access to and exit from:\n(a) the workplace; and\n(b) any area within the workplace referred to in subregulation (2).\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 91\nsolid construction means an area that has:\n(a) a surface that is structurally capable of supporting all persons\nand things that may be located or placed on it; and\n(b) barriers around its perimeter and any openings to prevent a\nfall; and\n(c) an even and readily negotiable surface and gradient; and\n(d) a safe means of entry and exit.\n","sortOrder":91},{"sectionNumber":"79","sectionType":"section","heading":"Specific requirements to minimise risk of fall","content":"79 Specific requirements to minimise risk of fall\n(1) This regulation applies if it is not reasonably practicable for the\nperson conducting a business or undertaking at a workplace to\neliminate the risk of a fall to which regulation 78 applies.\n(2) The person must minimise the risk of a fall by providing adequate\nprotection against the risk in accordance with this regulation.\n(3) The person provides adequate protection against the risk if the\nperson provides and maintains a safe system of work, including by:\n(a) providing a fall prevention device if it is reasonably practicable\nto do so; or\n(b) if it is not reasonably practicable to provide a fall prevention\ndevice, providing a work positioning system; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 92\n(c) if it is not reasonably practicable to comply with either\nparagraph (a) or (b), providing a fall arrest system, so far as is\n1 Providing temporary work platforms.\n2 Providing training in relation to the risks involved in working at the\n3 Providing safe work procedures, safe sequencing of work, safe use of\nladders, permit systems and appropriate signs.\nA combination of the controls set out in this subregulation may be used to\nminimise risks, so far as is practicable, if a single control is not sufficient for the\npurpose.\n(4) This regulation does not apply in relation to the following work:\n(a) the performance of stunt work;\n(b) the performance of acrobatics;\n(c) a theatrical performance;\n(d) a sporting or athletic activity;\n(e) horse riding.\nRegulation 36 applies to the management of risk in relation to this work.\nfall prevention device includes:\n(a) a secure fence; and\n(b) edge protection; and\n(c) working platforms; and\n(d) covers.\nNote for regulation 79\nSee regulation 5(1) for definitions fall arrest system and work positioning\nsystem.\n","sortOrder":92},{"sectionNumber":"80","sectionType":"section","heading":"Emergency and rescue procedures","content":"80 Emergency and rescue procedures\nundertaking provides a fall arrest system as a control measure.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 93\n(2) Without limiting regulation 79, the person must establish emergency\nprocedures, including rescue procedures, in relation to the use of\nthe fall arrest system.\n(3) The person must ensure that the emergency procedures are tested\nso that they are effective.\n(4) The person must provide relevant workers with suitable and\nadequate information, training and instruction in relation to the\nemergency procedures.\nrelevant worker means:\n(a) a worker who, in carrying out work in the business or\nundertaking, uses or is to use a fall arrest system; and\n(b) a worker who may be involved in initiating or implementing the\nemergency procedures.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 94\n","sortOrder":93},{"sectionNumber":"81","sectionType":"section","heading":"Licence required to carry out high risk work","content":"81 Licence required to carry out high risk work\nA person must not carry out a class of high risk work unless the\nperson holds a high risk work licence for that class of high risk\nwork, except as provided in regulation 82.\nNotes for regulation 81\n1 See section 43 of the Act.\n2 Schedule 3 sets out the high risk work licences and classes of high risk\nwork that are within the scope of each licence. Schedule 4 sets out the\nqualifications required for a high risk work licence.\n","sortOrder":94},{"sectionNumber":"82","sectionType":"section","heading":"Exceptions","content":"82 Exceptions\n(1) A person who carries out high risk work is not required to be\nlicensed to carry out the work if the work is carried out:\n(a) in the course of training towards a certification in order to be\nlicensed to carry out the high risk work; and\n(b) under the supervision of a person who is licensed to carry out\nthe high risk work.\n(1A) A person who holds a certification in relation to a specified VET\ncourse for high risk work is not required to be licensed to carry out\nthe work:\n(a) for 60 days after the certification is issued; and\n(b) if the person applies for the relevant high risk work licence\nwithin that 60 day period, until:\n(i) the person is granted the licence; or\n(ii) the expiry of 28 days after the person is given written\nnotice under regulation 91(2) of a decision to refuse to\ngrant the licence.\n(1B) A person who carries out high risk work is not required to be\nlicensed to carry out the work if the work is carried out while an\naccredited assessor is conducting an assessment of the person's\ncompetency in relation to the work.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 95\n(2) A person who carries out high risk work involving plant is not\nrequired to be licensed if:\n(a) the work is carried out at a workplace solely for the purpose of\nthe manufacture, testing, trialling, installation, commissioning,\nmaintenance, servicing, repair, alteration, demolition or\ndisposal of the plant at that workplace or moving the plant\nwithin the workplace; and\n(b) the plant is operated or used without a load except when\nstandard weight loads with predetermined fixing points are\nused for calibration of the plant.\n(3) For the purposes of subregulation (2)(a), moving includes\noperating the plant in order to load the plant onto, or unload it from,\na vehicle or equipment used to move it.\n(4) A person who carries out high risk work with a crane or hoist is not\nrequired to be licensed as a crane operator if:\n(a) the work is limited to setting up or dismantling the crane or\nhoist; and\n(b) the person carrying out the work holds a licence in relation to\nrigging, which qualifies the person to carry out the work.\nSee Schedule 3 for the classes of crane operator licence.\n(5) A person who carries out high risk work with a heritage boiler is not\nrequired to be licensed as a boiler operator.\n","sortOrder":95},{"sectionNumber":"83","sectionType":"section","heading":"Recognition of high risk work licences in other jurisdictions","content":"83 Recognition of high risk work licences in other jurisdictions\n(1) In this Subdivision, a reference to a high risk work licence includes\na reference to an equivalent licence:\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 96\n","sortOrder":96},{"sectionNumber":"84","sectionType":"section","heading":"Duty of person conducting business or undertaking to ensure","content":"84 Duty of person conducting business or undertaking to ensure\ndirect supervision\n(1) A person conducting a business or undertaking must ensure that a\nperson supervising the work of a person carrying out high risk work\nas required by regulation 82(1)provides direct supervision of the\nperson except in the circumstances set out in subregulation (2).\n(2) Direct supervision of a person is not required if:\n(a) the nature or circumstances of a particular task make direct\nsupervision impracticable or unnecessary; and\n(b) the reduced level of supervision will not place the health or\nsafety of the supervised person or any other person at risk.\ndirect supervision of a person means the oversight by the\nsupervising person of the work of that person for the purposes of:\n(a) directing, demonstrating, monitoring and checking the\nperson's work in a way that is appropriate to the person's level\nof competency; and\n(b) ensuring a capacity to respond in an emergency situation.\n","sortOrder":97},{"sectionNumber":"85","sectionType":"section","heading":"Evidence of licence – duty of person conducting business or","content":"85 Evidence of licence – duty of person conducting business or\nnot direct or allow a worker to carry out high risk work for which a\nhigh risk work licence is required unless the person sees written\nevidence provided by the worker that the worker has the relevant\nhigh risk work licence for that work.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 97\nnot direct or allow a worker to carry out high risk work in the\ncircumstances referred to in regulation 82(1) unless the person\nsees written evidence provided by the worker that the worker is\nundertaking the course of training referred to in regulation 82(1)(a).\n(2A) A person conducting a business or undertaking at a workplace must\nnot direct or allow a worker to carry out high risk work in the\ncircumstances referred to in regulation 82(1A) unless the person\nsees written evidence provided by the worker that the worker:\n(a) in the circumstances referred to in regulation 82(1A)(a) –\nholds a certification referred to in regulation 82(1A); and\n(b) in the circumstances referred to in section 82(1A)(b):\n(i) holds a certification referred to in regulation 82(1A); and\n(ii) has applied for the relevant licence within the period\nreferred to in regulation 82(1A)(b).\nNote for subregulation (2A)\nnot direct or allow a worker to supervise high risk work as referred\nto in regulations 82(1)and 84 unless the person sees written\nevidence that the worker holds the relevant high risk work licence\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 98\nfor that high risk work.\nkeep a record of the written evidence provided:\n(a) under subregulation (1) or (2) – for at least 1 year after the\nhigh risk work is carried out; or\n(b) under subregulation (3) – for at least 1 year after the last\noccasion on which the worker performs the supervision work.\n","sortOrder":98},{"sectionNumber":"86","sectionType":"section","heading":"Who may apply for a licence","content":"86 Who may apply for a licence\nOnly a person who holds a qualification set out in Schedule 4 may\napply for a high risk work licence.\n","sortOrder":99},{"sectionNumber":"87","sectionType":"section","heading":"Application for high risk work licence","content":"87 Application for high risk work licence\n(1) An application for a high risk work licence must be made in the\nmanner and form required by the regulator.\n(a) the applicant's name and residential address;\n(b) a photograph of the applicant in the form required by the\n(c) evidence of the applicant's age;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 99\n(e) the class of high risk work licence to which the application\nrelates;\n(f) a copy of a certification:\n(i) that is held by the applicant in relation to the specified\nVET course or each of the specified VET courses, for\nthe high risk work licence applied for; and\n(ii) that was issued not more than 60 days before the\napplication is made;\n(g) a declaration that the applicant does not hold an equivalent\nlicence under a corresponding WHS law;\n(h) a declaration as to whether or not the applicant has ever been\nconvicted or found guilty of any offence under the Act or these\nRegulations or under any corresponding WHS law;\n(i) details of any conviction or finding of guilt declared under\nparagraph (h);\n(j) a declaration as to whether or not the applicant has ever\nunder any corresponding WHS law;\n(k) details of any enforceable undertaking declared under\nparagraph (j);\n(l) if the applicant has previously been refused an equivalent\nlicence under a corresponding WHS law, a declaration giving\ndetails of that refusal;\n(m) if the applicant has previously held an equivalent licence\n(i) describing any condition imposed on that licence; and\n(ii) stating whether or not that licence had been suspended\nor cancelled and, if so, whether or not the applicant had\nbeen disqualified from applying for any licence; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 100\n(iii) giving details of any suspension, cancellation or\n","sortOrder":100},{"sectionNumber":"88","sectionType":"section","heading":"Additional information","content":"88 Additional information\n(1) If an application for a high risk work licence does not contain\nsufficient information to enable the regulator to make a decision\nwhether or not to grant the licence, the regulator may ask the\napplicant to provide additional information.\n","sortOrder":101},{"sectionNumber":"89","sectionType":"section","heading":"Decision on application","content":"89 Decision on application\n(1) Subject to subregulation (3), the regulator must grant a high risk\nwork licence if satisfied about the matters referred to in\n(b) the applicant does not hold an equivalent licence under a\ncorresponding WHS law unless that licence is due for renewal;\n(c) the applicant:\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 101\n(d) the applicant is at least 18 years of age;\n(e) the applicant has provided the certification required under\nregulation 87(2)(f);\n(f) the applicant is able to carry out the work to which the licence\nrelates safely and competently.\n(3) The regulator must refuse to grant a high risk work licence if\nsatisfied that:\nfrom holding an equivalent licence; or\n(4) If the regulator decides to grant the licence, it must notify the\nunder regulation 88, the regulator is taken to have refused to grant\nNote for regulation 89\nA refusal to grant a high risk work licence (including under subregulation (5)) is a\n","sortOrder":102},{"sectionNumber":"90","sectionType":"section","heading":"Matters to be taken into account","content":"90 Matters to be taken into account\nFor the purposes of regulation 89(2)(f), the regulator must have\nregard to all relevant matters, including the following:\n(b) in relation to any equivalent licence applied for or held by the\napplicant under the Act or these Regulations or under a\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 102\n(c) any enforceable undertaking the applicant has entered into\n(d) the applicant's record in relation to any matters arising under\nlaw.\n","sortOrder":103},{"sectionNumber":"91","sectionType":"section","heading":"Refusal to grant high risk work licence – process","content":"91 Refusal to grant high risk work licence – process\n(1) If the regulator proposes to refuse to grant a licence, the regulator\nmust give a written notice to the applicant:\nNote for regulation 91\nA decision to refuse to grant a licence is a reviewable decision (see\n","sortOrder":104},{"sectionNumber":"91A","sectionType":"section","heading":"Conditions of licence","content":"91A Conditions of licence\non a high risk work licence.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 103\n(a) control measures that must be implemented in relation to the\ncarrying out of work or activities under the licence;\n(b) the circumstances in which work or activities authorised by the\nlicence may be carried out.\n(3) The regulator must give the licence holder written notice of any\nconditions imposed on the licence.\nNotes for regulation 91A\n","sortOrder":105},{"sectionNumber":"92","sectionType":"section","heading":"Duration of licence","content":"92 Duration of licence\nSubject to this Division, a high risk work licence takes effect on the\nday it is granted and, unless cancelled earlier, expires 5 years after\nthat day.\n","sortOrder":106},{"sectionNumber":"93","sectionType":"section","heading":"Licence document","content":"93 Licence document\n(1) If the regulator grants a high risk work licence, the regulator must\nissue to the applicant a licence document in the form determined by\n(a) the name of the licence holder;\n(b) a photograph of the licence holder;\n(c) the date of birth of the licence holder;\n(d) a copy of the signature of the licence holder or provision for\nthe inclusion of a copy signature;\n(e) the class of high risk work licence and a description of the\nwork within the scope of the licence;\n(f) the date on which the licence was granted;\n(g) the expiry date of the licence.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 104\n(3) For the purposes of subregulation (2)(e), if the regulator grants\nmore than 1 class of high risk work licence to a person, the licence\ndocument must contain a description of each class of licence and\nthe work that is within the scope of each licence.\n(4) If a licence holder holds more than 1 high risk work licence, the\nregulator may issue to the licence holder 1 licence document in\nrelation to some or all those licences.\n(5) Despite regulation 92, if a licence document is issued under\nsubregulation (4), the licences to which that licence document\nrelated expire on the date that the first of those licences expires.\n","sortOrder":107},{"sectionNumber":"94","sectionType":"section","heading":"Licence document to be available","content":"94 Licence document to be available\n(1) A licence holder must keep the licence document available for\ninspection under the Act.\nthe licence holder's possession because:\n(a) it has been returned to the regulator under regulation 97; or\n(b) the licence holder has applied for, but has not received, a\nreplacement licence document under regulation 98.\n","sortOrder":108},{"sectionNumber":"95","sectionType":"section","heading":"Reassessment of competency of licence holder","content":"95 Reassessment of competency of licence holder\nThe regulator may direct a licence holder to obtain a reassessment\nof the competency of the licence holder to carry out the high risk\nwork covered by the licence if the regulator reasonably believes\nthat the licence holder may not be competent to carry out that work.\nExamples for regulation 95\n1 The training or competency assessment of the licence holder did not meet\nthe standard required to hold the licence.\n2 The regulator receives information that the licence holder has carried out\nhigh risk work incompetently.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 105\n","sortOrder":109},{"sectionNumber":"96","sectionType":"section","heading":"Notice of change of address","content":"96 Notice of change of address\nThe licence holder of a high risk work licence must notify the\nregulator of a change of residential address, within 14 days of the\nchange occurring.\nNote for regulation 96\n","sortOrder":110},{"sectionNumber":"97","sectionType":"section","heading":"Licence holder to return licence","content":"97 Licence holder to return licence\nIf a high risk work licence is amended, the licence holder must\nreturn the licence document to the regulator for amendment at the\nwritten request of the regulator and within the time specified in the\nrequest.\nNote for regulation 97\n","sortOrder":111},{"sectionNumber":"98","sectionType":"section","heading":"Replacement licence document","content":"98 Replacement licence document\n(1) A licence holder must notify the regulator as soon as practicable if\nthe licence document is lost, stolen or destroyed.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 106\n(2) If a licence document is lost, stolen or destroyed, the licence holder\nmay apply to the regulator for a replacement document.\nA licence holder is required to keep the licence document available for inspection\n(see regulation 94).\nmust give the licence holder written notice of this decision, including\nthe reasons for the decision, within 14 days after making the\nNote for regulation 98\nA decision to refuse to replace a licence is a reviewable decision (see\n","sortOrder":112},{"sectionNumber":"99","sectionType":"section","heading":"Voluntary surrender of licence","content":"99 Voluntary surrender of licence\n(1) A licence holder may voluntarily surrender the licence document to\n(2) The licence expires on the surrender of the licence document.\n","sortOrder":113},{"sectionNumber":"100","sectionType":"section","heading":"Regulator may renew licence","content":"100 Regulator may renew licence\nThe regulator may renew a high risk work licence on application by\nthe licence holder.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 107\n","sortOrder":114},{"sectionNumber":"101","sectionType":"section","heading":"Application for renewal","content":"101 Application for renewal\n(1) An application for renewal of a high risk work licence must be made\n(a) the name and residential address of the applicant;\n(b) if required by the regulator, a photograph of the applicant in\nthe form required by the regulator;\n(c) any other evidence of the applicant's identity required by the\n(d) a declaration by the applicant that he or she has maintained\nhis or her competency to carry out the high risk work, including\nby obtaining any reassessment directed under regulation 95.\n(4) The application must be made before the expiry of the licence.\n","sortOrder":115},{"sectionNumber":"102","sectionType":"section","heading":"Licence continues in force until application is decided","content":"102 Licence continues in force until application is decided\nIf a licence holder applies under regulation 101 for the renewal of a\nhigh risk work licence, the licence is taken to continue in force from\nthe day it would, apart from this regulation, have expired until the\nlicence holder is given notice of the decision on the application.\n","sortOrder":116},{"sectionNumber":"103","sectionType":"section","heading":"Renewal of expired licence","content":"103 Renewal of expired licence\nA person whose high risk work licence has expired may apply for a\nrenewal of that licence:\n(a) within 12 months after the expiry of the licence; or\n(b) if the person satisfies the regulator that exceptional\ncircumstances exist – within any longer period that the\nregulator allows.\nNotes for regulation 103\n1 As the licence has expired, the applicant cannot carry out the work\ncovered by the licence until the licence is renewed. An application made\nafter a period referred to in paragraph (a) or (b) would be an application for\na new licence under regulation 87.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 108\n","sortOrder":117},{"sectionNumber":"104","sectionType":"section","heading":"Provisions relating to renewal of licence","content":"104 Provisions relating to renewal of licence\n(1) For the purposes of this Subdivision:\n(a) regulation 88 applies as if a reference in that regulation to an\n(b) regulations 89 (except subregulation (5)), 90, 91A and 92\n(c) regulation 91 applies as if a reference in that regulation to a\n(2) The regulator may renew a high risk work licence granted to a\nperson under a corresponding WHS law unless that licence is\nrenewed under that law.\nNote for regulation 104\n","sortOrder":118},{"sectionNumber":"105","sectionType":"section","heading":"Status of licence during review","content":"105 Status of licence during review\n(1) This regulation applies if the regulator gives a licence holder written\n(2) If the licence holder does not apply for internal review of the\ndecision, the licence continues to have effect until the last of the\nfollowing events:\n(b) the end of the period for applying for an internal review.\n(3) If the licence holder applies for an internal review of the decision,\nthe licence continues to have effect until the earlier of the following\n(4) If the licence holder does not apply for an external review, the\nlicence continues to have effect until the end of the time for\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 109\n(5) If the licence holder applies for an external review, the licence\ncontinues to have effect until the earlier of the following events:\n(6) The licence continues to have effect under this regulation even if its\n","sortOrder":119},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Suspension and cancellation of high risk work","content":"Subdivision 5 Suspension and cancellation of high risk work\n","sortOrder":120},{"sectionNumber":"106","sectionType":"section","heading":"Suspension or cancellation of licence","content":"106 Suspension or cancellation of licence\n(1) The regulator may suspend or cancel a high risk work licence if\nsatisfied about one or more of the following:\n(a) the licence holder has failed to take reasonable care to carry\nout the high risk work safely and competently;\n(ab) the licence holder has failed to comply with a condition of the\n(b) the licence holder has failed to obtain a reassessment of\ncompetency directed under regulation 95;\n(c) the licence holder, in the application for the grant or renewal of\nthe licence or on request by the regulator for additional\nbeen given in that application or on that request;\n(d) the licence was granted or renewed on the basis of a\ncertification that was obtained on the basis of the giving of\nfalse or misleading information by any person or body or that\nwas obtained improperly through a breach of a condition of\naccreditation by the accredited assessor who conducted the\ncompetency assessment.\n(2) If the regulator suspends or cancels a licence, the regulator may\ndisqualify the licence holder from applying for:\n(a) a further high risk work licence of the same class; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 110\n(b) another licence under these Regulations to carry out work\nwhich requires skills that are the same as or similar to those\nrequired for the work authorised by the licence that has been\nsuspended or cancelled.\n(3) If the regulator suspends a licence, the regulator may vary the\nconditions of the licence, including by imposing different or\nadditional conditions.\n(4) A variation of conditions under subregulation (3) takes effect when\nthe suspension of the licence ends.\nNotes for regulation 106\n1 A decision to suspend a licence, to cancel a licence or to disqualify the\nlicence holder from applying for a further licence is a reviewable decision\n2 A variation of licence conditions is a reviewable decision (see\n107 Matters taken into account\n(1) In making a decision under regulation 106, the regulator must have\n(a) any submissions made by the licence holder under\nregulation 108; and\n(2) For the purposes of regulation 106(1)(a), the regulator must have\nregard to all relevant matters, including the following:\ncorresponding WHS law, of which the licence holder has been\n(b) in relation to any equivalent licence applied for or held by the\nlicence holder under the Act or these Regulations or under a\n(c) any enforceable undertaking the licence holder has entered\ninto under the Act or a corresponding WHS law;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 111\n(d) the licence holder's record in relation to any matters arising\nunder the Act or these Regulations or under a corresponding\nWHS law.\n","sortOrder":121},{"sectionNumber":"108","sectionType":"section","heading":"Notice to and submissions by licence holder","content":"108 Notice to and submissions by licence holder\n(1) Before suspending or cancelling a high risk work licence, the\nregulator must give the licence holder a written notice of:\n(a) the proposed suspension or cancellation; and\n(b) any proposed disqualification; and\n(c) any proposed variation of licence conditions.\n(2) A notice under subregulation (1) must:\n(a) outline all relevant allegations, facts and circumstances known\nto the regulator; and\n(b) advise the licence holder that the licence holder may, by a\nnotice), make a submission in relation to the proposed\nsuspension or cancellation, any proposed disqualification and\nany proposed variation of licence conditions.\n","sortOrder":122},{"sectionNumber":"109","sectionType":"section","heading":"Notice of decision","content":"109 Notice of decision\n(1) The regulator must give the licence holder written notice of a\ndecision under regulation 106 to suspend or cancel a high risk work\nlicence within 14 days after making the decision.\n(iii) whether the licence holder is required to undergo\n(iv) whether or not the licence holder is disqualified from\napplying for a further licence during the suspension; and\n(v) if licence conditions are to be varied – the variation; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 112\n(vi) if licence conditions are to be varied – that the variation\nwill take effect when the suspension ends; and\n(iii) whether or not the licence holder is disqualified from\napplying for a further licence; and\n(d) if the licence holder is to be disqualified from applying for a\nfurther licence, state:\n(iii) whether or not the licence holder is required to undergo\n(iv) any other class of high risk work licence or other licence\nunder these Regulations the licence holder is\ndisqualified from applying for during the period of\nsuspension or disqualification; and\n","sortOrder":123},{"sectionNumber":"110","sectionType":"section","heading":"Immediate suspension","content":"110 Immediate suspension\n(1) The regulator may suspend a high risk work licence on a ground\nreferred to in regulation 106 without giving notice under\nregulation 108 if satisfied that:\n(a) work carried out under the high risk work licence should cease\nbecause the work may involve an imminent serious risk to the\nhealth or safety of any person; or\n(b) a corresponding regulator has suspended an equivalent\nlicence held by the licence holder under this regulation as\n(a) the regulator must give the licence holder written notice of the\nsuspension and the reasons for the suspension; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 113\n(a) give notice under regulation 108 within 14 days after giving the\n(b) make its decision under regulation 106.\nremains suspended until the decision is made under regulation 106.\n","sortOrder":124},{"sectionNumber":"111","sectionType":"section","heading":"Licence holder to return licence document","content":"111 Licence holder to return licence document\nA licence holder, on receiving a notice under regulation 109, must\nreturn the licence document to the regulator in accordance with the\nNote for regulation 111\n","sortOrder":125},{"sectionNumber":"112","sectionType":"section","heading":"Regulator to return licence document after suspension","content":"112 Regulator to return licence document after suspension\nWhen the period of suspension of a licence ends, the regulator\nmust return the licence document to the licence holder within\n14 days after the licence suspension ends.\n","sortOrder":126},{"sectionNumber":"113","sectionType":"section","heading":"Accreditation required to assess competency for high risk","content":"113 Accreditation required to assess competency for high risk\nwork licence\nA person who is not an accredited assessor must not:\n(a) conduct a competency assessment; or\n(b) issue a notice of satisfactory assessment; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 114\n(c) in any other way hold himself or herself out to be an\nNote for regulation 113\n","sortOrder":127},{"sectionNumber":"114","sectionType":"section","heading":"Accredited assessor must act in accordance with accreditation","content":"114 Accredited assessor must act in accordance with accreditation\n(1) An accredited assessor must not conduct a competency\nassessment unless:\n(a) the competency assessment relates to a class of high risk\nwork for which the assessor is accredited; and\n(b) the accredited assessor conducts the competency\nassessment for or on behalf of an RTO.\n(2) An accredited assessor must not issue a notice of satisfactory\nassessment unless the competency assessment relates to a class\nof high risk work for which the assessor is accredited.\n(3) An accredited assessor who conducts a competency assessment\nmust do so in accordance with the conditions of accreditation\nimposed under regulation 121.\n(4) An accredited assessor who issues a notice of satisfactory\nassessment must do so in accordance with any conditions of\naccreditation imposed under regulation 121.\n(5) Subregulations (1) to (4) do not apply if the regulator is the\nNote for regulation 114\n","sortOrder":128},{"sectionNumber":"115","sectionType":"section","heading":"Regulator may accredit assessors","content":"115 Regulator may accredit assessors\nThe regulator may, under this Division, accredit persons to conduct\nassessments.\n","sortOrder":129},{"sectionNumber":"116","sectionType":"section","heading":"Application for accreditation","content":"116 Application for accreditation\n(1) An application for accreditation must be made in the manner and\nform required by the regulator.\n(a) the name and residential address of the applicant;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 115\n(b) any other evidence of the applicant's identity required by the\n(c) details of the class of high risk work to which the application\nrelates;\n(d) evidence that the applicant is qualified to conduct the type of\ncompetency assessment in relation to the class of high risk\nwork to which the application relates;\n(e) details of any current equivalent accreditation under a\ncorresponding WHS law;\n(f) a declaration as to whether or not the applicant has ever been\nconvicted or found guilty of any offence under the Act or these\nRegulations or under any corresponding WHS law;\n(g) details of any conviction or finding of guilt declared under\nparagraph (f);\n(h) a declaration as to whether or not the applicant has ever\nunder any corresponding WHS law;\n(i) details of any enforceable undertaking declared under\nparagraph (h);\n(j) if the applicant has previously been refused an equivalent\naccreditation under a corresponding WHS law, a declaration\ngiving details of that refusal;\n(k) if the applicant has previously held an equivalent accreditation\n(i) describing any condition imposed on that accreditation;\nand\n(ii) stating whether or not that accreditation had been\nsuspended or cancelled and, if so, whether or not the\napplicant had been disqualified from applying for any\n(iii) giving details of any suspension, cancellation or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 116\n","sortOrder":130},{"sectionNumber":"117","sectionType":"section","heading":"Additional information","content":"117 Additional information\n(1) If an application for accreditation does not contain sufficient\ninformation to enable the regulator to make a decision whether or\nnot to grant the accreditation, the regulator may ask the applicant to\nprovide additional information.\n(a) specify the date (being not less than 28 days after the request)\n","sortOrder":131},{"sectionNumber":"118","sectionType":"section","heading":"Decision on application","content":"118 Decision on application\n(1) Subject to subregulation (3), the regulator must grant an\naccreditation if satisfied about the matters referred to in\n(2) The regulator must be satisfied that:\n(a) the applicant:\n(i) is qualified to conduct the competency assessment to\nwhich the application relates; and\n(ii) is able to conduct the competency assessment to which\nthe application relates competently; and\n(iii) is able to ensure compliance with any conditions that will\napply to the accreditation; or\n(b) the applicant holds a current equivalent accreditation under a\n(3) The regulator must refuse to grant an accreditation if satisfied that:\nfrom holding an equivalent accreditation; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 117\n(4) If the regulator decides to grant the accreditation, it must notify the\nunder regulation 117, the regulator is taken to have refused to grant\nthe accreditation applied for.\n(6) For the purposes of subregulation (2)(a)(i), an applicant is qualified\nto provide the competency assessment if:\n(a) the applicant's competencies, skills and knowledge are in\naccordance with the Standards for NVR Registered Training\nOrganisations 2011 published by the Commonwealth; and\n(b) the applicant holds a current high risk work licence for the\nclass of high risk work to which the competency assessment\nrelates.\nNote for regulation 118\nA refusal to grant accreditation (including a refusal under subregulation (5)) is a\n","sortOrder":132},{"sectionNumber":"119","sectionType":"section","heading":"Matters to be taken into account","content":"119 Matters to be taken into account\nFor the purposes of regulation 118(2)(a)(ii) and (iii), the regulator\nmust have regard to all relevant matters, including the following:\n(b) any enforceable undertaking the applicant has entered into\n(c) in relation to any equivalent accreditation applied for or held\nby the applicant under the Act or these Regulations or under a\n(i) any refusal to grant the accreditation; and\n(ii) any condition imposed on the accreditation, if granted;\nand\n(iii) any suspension or cancellation of the accreditation, if\ngranted, including any disqualification from applying for\nany accreditation;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 118\n(d) the applicant's record in relation to any matters arising under\nlaw.\n","sortOrder":133},{"sectionNumber":"120","sectionType":"section","heading":"Refusal to grant accreditation – process","content":"120 Refusal to grant accreditation – process\n(1) If the regulator proposes to refuse to grant an accreditation, the\ndate (being not less than 28 days after the notice is given),\nproposed refusal to grant the accreditation – consider that\nwhether to grant or refuse to grant the accreditation; and\nNote for regulation 120\nA refusal to grant an accreditation is a reviewable decision (see regulation 676).\n","sortOrder":134},{"sectionNumber":"121","sectionType":"section","heading":"Conditions of accreditation","content":"121 Conditions of accreditation\non an accreditation.\nconditions:\n(a) relating to the competency assessments and assessment\nactivities that may be carried out; and\n(b) relating to the circumstances in which competency\nassessments or assessment activities may be carried out; and\n(c) requiring the accredited assessor to keep specified\ninformation; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 119\n(d) requiring the accredited assessor to give specified information\nto the regulator.\nNotes for regulation 121\n1 A person must comply with the conditions of accreditation (see section 45\nof the Act).\n2 A decision to impose a condition on an accreditation is a reviewable\n122 Duration of accreditation\nAn accreditation takes effect on the day it is granted and, unless\ncancelled earlier, expires 3 years after that day.\n","sortOrder":135},{"sectionNumber":"123","sectionType":"section","heading":"Accreditation document","content":"123 Accreditation document\n(1) If the regulator grants an accreditation, it must issue to the applicant\nan accreditation document in the form determined by the regulator.\n(2) An accreditation document must include the following:\n(a) the name of the accredited assessor;\n(b) the class of high risk work to which the accreditation relates;\n(c) any conditions imposed on the accreditation by the regulator;\n(d) the date on which the accreditation was granted;\n(e) the expiry date of the accreditation.\n(3) If an assessor is accredited to conduct a competency assessment\nin relation to more than 1 class of high risk work, the regulator may\nissue to the accredited assessor 1 accreditation document in\nrelation to some or all of those classes of high risk work.\n(4) If 2 or more of the classes of high risk work referred to in\nsubregulation (3) represent levels of the same type of work, it is\nsufficient if the accreditation document contains a description of the\nclass of work that represents the highest level.\n","sortOrder":136},{"sectionNumber":"124","sectionType":"section","heading":"Accreditation document to be available","content":"124 Accreditation document to be available\n(1) An accredited assessor must keep the accreditation document\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 120\n(2) An accredited assessor must make the accreditation document\navailable for inspection by any person in relation to whom the\nassessor is conducting, or is to conduct, a competency\nassessment.\n(3) Subregulations (1) and (2) do not apply if the accreditation\ndocument is not in the accredited assessor's possession because:\n(a) it has been returned to the regulator under regulation 126; or\n(b) the accreditation assessor has applied for, but has not\nreceived, a replacement accreditation document under\nregulation 127.\n","sortOrder":137},{"sectionNumber":"125","sectionType":"section","heading":"Changes to information","content":"125 Changes to information\n(1) An accredited assessor must give the regulator written notice of any\nchange to any material particular in any information given at any\ntime by the assessor to the regulator in relation to the accreditation\nwithin 14 days after the assessor becomes aware of the change.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 121\napplication for grant or renewal of the accreditation or in any other\n","sortOrder":138},{"sectionNumber":"126","sectionType":"section","heading":"Accredited assessor to return accreditation document","content":"126 Accredited assessor to return accreditation document\nIf an accreditation is amended, the accredited assessor must return\nthe accreditation document to the regulator for amendment at the\nwritten request of the regulator and within the time specified in the\nrequest.\nNote for regulation 126\n","sortOrder":139},{"sectionNumber":"127","sectionType":"section","heading":"Replacement accreditation document","content":"127 Replacement accreditation document\n(1) An accredited assessor must notify the regulator as soon as\npracticable if the accreditation document is lost, stolen or\ndestroyed.\n(2) If an accreditation document is lost, stolen or destroyed an\naccredited assessor may apply to the regulator for a replacement\naccreditation document.\nAn accreditation holder is required to keep the accreditation document available\nfor inspection (see regulation 124).\n(3) An application for a replacement accreditation document must be\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 122\n(5) The regulator must issue a replacement accreditation document if\n(6) If the regulator refuses to issue a replacement accreditation\ndocument, it must give the accredited assessor written notice of this\ndecision, including the reasons for the decision, within 14 days after\nNote for regulation 127\nA refusal to issue a replacement accreditation document is a reviewable decision\n","sortOrder":140},{"sectionNumber":"128","sectionType":"section","heading":"Voluntary surrender of accreditation","content":"128 Voluntary surrender of accreditation\n(1) An accredited assessor may voluntarily surrender the accreditation\ndocument to the regulator.\n(2) The accreditation expires on the surrender of the accreditation\n","sortOrder":141},{"sectionNumber":"129","sectionType":"section","heading":"Regulator may renew accreditation","content":"129 Regulator may renew accreditation\nThe regulator may renew an accreditation on the application of the\n","sortOrder":142},{"sectionNumber":"130","sectionType":"section","heading":"Application for renewal","content":"130 Application for renewal\n(1) An application for renewal of accreditation must be made in the\nmanner and form required by the regulator.\n(2) An application must:\n(a) include the information referred to in regulation 116(2); and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 123\nNote for subregulation (2)(a)\n(3) The application must be made before the expiry of the\naccreditation.\n","sortOrder":143},{"sectionNumber":"131","sectionType":"section","heading":"Accreditation continues in force until application is decided","content":"131 Accreditation continues in force until application is decided\nIf an accredited assessor applies under regulation 130 for the\nrenewal of accreditation, the accreditation is taken to continue in\nforce from the day it would, apart from this regulation, have expired\nuntil the accredited assessor is given notice of the decision on the\napplication.\n","sortOrder":144},{"sectionNumber":"132","sectionType":"section","heading":"Provisions relating to application","content":"132 Provisions relating to application\nFor the purposes of this Division:\n(a) regulation 117 applies as if a reference in that regulation to an\napplication for accreditation were a reference to an application\nto renew an accreditation; and\n(b) regulations 118 (except subregulation (5)), 119, 121 and 122\napply as if a reference in those regulations to the grant of an\naccreditation were a reference to the renewal of an\n(c) regulation 120 applies as if a reference in that regulation to a\nrefusal to grant an accreditation were a reference to a refusal\nto renew an accreditation.\nNote for regulation 132\nA refusal to renew an accreditation is a reviewable decision (see regulation 676).\n","sortOrder":145},{"sectionNumber":"133","sectionType":"section","heading":"Regulator may suspend or cancel accreditation","content":"133 Regulator may suspend or cancel accreditation\n(1) The regulator may, under this Division:\n(a) suspend or cancel an accreditation; and\n(b) if suspending an accreditation, vary the conditions of the\naccreditation, including by imposing different or additional\nconditions.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 124\n(2) If the regulator cancels an accreditation, the regulator may\ndisqualify the accredited assessor from applying for a further\naccreditation for a specified period.\nNote for regulation 133\nA decision to suspend or cancel an accreditation, to vary the conditions of an\naccreditation or to disqualify an accredited assessor from applying for a further\naccreditation is a reviewable decision (see regulation 676).\n","sortOrder":146},{"sectionNumber":"134","sectionType":"section","heading":"Suspension or cancellation of accreditation","content":"134 Suspension or cancellation of accreditation\n(1) The regulator may suspend or cancel an accreditation if satisfied\nabout one or more of the following:\n(a) the accredited assessor is no longer qualified to conduct the\ncompetency assessment specified in the assessor's\naccreditation document;\n(b) the accredited assessor is not able to conduct the competency\nassessment to which the accreditation relates competently;\n(c) the accredited assessor has failed to comply with a condition\nimposed on the accreditation under regulation 121;\n(d) the accredited assessor, in the application for the grant or\nrenewal of accreditation or on request by the regulator for\nadditional information:\nbeen given in that application or on that request.\n(2) In subregulation (1)(a):\nqualified has the same meaning in relation to an accredited\nassessor as it has in regulation 118 in relation to an applicant for\naccreditation.\n","sortOrder":147},{"sectionNumber":"135","sectionType":"section","heading":"Matters to be taken into account","content":"135 Matters to be taken into account\n(1) In making a decision under regulation 133, the regulator must have\n(a) any submissions made by the accredited assessor under\nregulation 136; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 125\n(2) For the purposes of regulation 134(1)(b) and (c), the regulator must\nhave regard to all relevant matters, including the following:\ncorresponding WHS law, of which the accredited assessor has\nbeen convicted or found guilty;\n(b) any enforceable undertaking the accredited assessor has\nentered into under the Act or a corresponding WHS law;\n(c) in relation to any equivalent accreditation applied for or held\nby the accredited assessor under the Act or these Regulations\nor under a corresponding WHS law:\n(i) any refusal to grant the accreditation; and\n(ii) any condition imposed on the accreditation, if granted;\nand\n(iii) any suspension or cancellation of the accreditation, if\ngranted, including any disqualification from applying for\nany accreditation;\n(d) any suspension of a high risk work licence held by the\naccredited assessor under the Act or these Regulations or\nunder a corresponding WHS law;\n(e) the accredited assessor's record in relation to any matters\narising under the Act or these Regulations or under a\n","sortOrder":148},{"sectionNumber":"136","sectionType":"section","heading":"Notice to and submissions by accredited assessor","content":"136 Notice to and submissions by accredited assessor\nBefore suspending or cancelling an accreditation, the regulator\nmust give the accreditation holder a written notice of the proposed\nsuspension or cancellation and any proposed disqualification:\n(b) advising the accreditation holder that the accreditation holder\nmay, by a specified date (being not less than 28 days after\ngiving the notice), make a submission in relation to the\nproposed suspension or cancellation and any proposed\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 126\n","sortOrder":149},{"sectionNumber":"137","sectionType":"section","heading":"Notice of decision","content":"137 Notice of decision\n(1) The regulator must give the accredited assessor written notice of a\ndecision under regulation 134 to suspend or cancel the\naccreditation within 14 days after making the decision.\n(a) state that the accreditation is to be suspended or cancelled;\nand\n(b) if the accreditation is to be suspended, state:\n(iii) whether or not the accredited assessor is required to\nundergo retraining or reassessment or take any other\naction before the suspension ends; and\n(iv) whether any variation is to be made to the conditions of\n(v) whether or not the accredited assessor is disqualified\nfrom obtaining a further accreditation during the\n(c) if the accreditation is to be cancelled, state:\n(iii) whether or not the accredited assessor is disqualified\nfrom applying for a further accreditation; and\n(d) if the accredited assessor is to be disqualified from obtaining a\nfurther accreditation, state:\n(iii) whether or not the accredited assessor is required to\nundergo retraining or reassessment or take any other\naction before the disqualification ends; and\n(e) state when the accreditation document must be returned to\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 127\n","sortOrder":150},{"sectionNumber":"138","sectionType":"section","heading":"Immediate suspension","content":"138 Immediate suspension\n(1) The regulator may suspend an accreditation on a ground referred to\nin regulation 134 without giving notice under regulation 136 if\nsatisfied that a person may be exposed to an imminent serious risk\nto his or her health or safety if the accreditation were not\nsuspended.\n(2) If the regulator decides to suspend an accreditation under this\nregulation:\n(a) the regulator must give the accredited assessor written notice\nof the suspension and the reasons for the suspension; and\n(b) the suspension takes effect on the giving of the notice.\n(a) give notice under regulation 136 within 14 days after giving the\n(b) make its decision under regulation 134.\n(5) If the regulator gives notice under subregulation (3), the\naccreditation remains suspended until the decision is made under\nregulation 134.\n","sortOrder":151},{"sectionNumber":"139","sectionType":"section","heading":"Accredited assessor to return accreditation document","content":"139 Accredited assessor to return accreditation document\nAn accredited assessor, on receiving a notice under regulation 137,\nmust return the accreditation document to the regulator in\naccordance with that notice.\nNote for regulation 139\n","sortOrder":152},{"sectionNumber":"140","sectionType":"section","heading":"Regulator to return accreditation document after suspension","content":"140 Regulator to return accreditation document after suspension\nThe regulator must return the accreditation document to the\naccredited assessor within 14 days after the suspension ends.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 128\n","sortOrder":153},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Agreements with RTOs","content":"Subdivision 6 Agreements with RTOs\n","sortOrder":154},{"sectionNumber":"141","sectionType":"section","heading":"Regulator may enter into agreement with RTO","content":"141 Regulator may enter into agreement with RTO\nThe regulator may enter into an agreement with an RTO to share\ninformation to assist the regulator in relation to the accreditation of\nassessors.\n","sortOrder":155},{"sectionNumber":"142","sectionType":"section","heading":"Notice of demolition work","content":"142 Notice of demolition work\n(1) Subject to subregulation (4), a person conducting a business or\nundertaking who proposes to carry out any of the following\ndemolition work must ensure that written notice is given to the\nregulator in accordance with this regulation at least 5 days before\nthe work commences:\n(a) demolition of a structure, or a part of a structure that is load\nbearing or otherwise related to the physical integrity of the\nstructure, that is at least 6 m in height;\n(b) demolition work involving load shifting machinery on a\nsuspended floor;\n(c) demolition work involving explosives.\nNotes for subregulation (1)\n(2) The notice must be given in the manner and form required by the\n(3) Subregulation (4) applies to an emergency service organisation in\nrelation to demolition work carried out or proposed to be carried out\nby an emergency service worker at the direction of the emergency\nservice organisation responding to an emergency.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 129\n(4) An emergency service organisation must give notice under\nsubregulation (1) as soon as practicable (whether before or after\nthe work is carried out).\n(5) In this regulation a reference to the height of a structure is a\nreference to the height of the structure measured from the lowest\nlevel of the ground immediately adjacent to the base of the\nstructure at the point at which the height is to be measured to its\nhighest point.\nDivision 2 Licensing of demolition work\n","sortOrder":156},{"sectionNumber":"143","sectionType":"section","heading":"Demolition work required to be licensed","content":"143 Demolition work required to be licensed\nNote for regulation 143\nRegulation 143 appears in some corresponding WHS laws but is not required in\nthe Territory.\n","sortOrder":157},{"sectionNumber":"167","sectionType":"section","heading":"Purpose of Part 4.8","content":"167 Purpose of Part 4.8\nThe purpose of this Part is to impose duties on a person conducting\na business or undertaking at a workplace to ensure:\n(a) the fitness and competence of persons who carry out general\ndiving work and high risk diving work; and\n(b) the health and safety of persons who carry out general diving\nwork and high risk diving work; and\n(c) the health and safety of other persons at workplaces where\ngeneral diving work or high risk diving work is carried out.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 130\nDivision 2 General diving work – fitness and competence of\nworker\n","sortOrder":158},{"sectionNumber":"168","sectionType":"section","heading":"Person conducting business or undertaking must ensure","content":"168 Person conducting business or undertaking must ensure\nfitness of workers\nnot direct or allow a worker to carry out general diving work or\nundergo training for general diving work unless the worker holds a\ncurrent certificate of medical fitness.\n(2) The person must not direct or allow a worker to carry out general\ndiving work or undergo training for diving work unless the work or\ntraining complies with any conditions on the current certificate of\nmedical fitness of the worker.\n","sortOrder":159},{"sectionNumber":"169","sectionType":"section","heading":"Certificate of medical fitness","content":"169 Certificate of medical fitness\nA certificate of medical fitness must:\n(a) be issued by a registered medical practitioner with training in\nunderwater medicine; and\n(b) state the following:\n(i) the name of the person to whom it is issued;\n(ii) its date of issue and its expiry date;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 131\n(iii) whether or not the person to whom it is issued is, in\naccordance with the fitness criteria, medically fit to carry\nout diving work;\n(iv) any conditions in relation to the type of diving work the\nperson to whom it is issued is fit to carry out, or the\ncircumstances in which the person is fit to carry out\ngeneral diving work, including, in the case of a person\nwho is under 18 years of age, any particular conditions\napplicable to the age of the person.\n","sortOrder":160},{"sectionNumber":"170","sectionType":"section","heading":"Duty to keep certificate of medical fitness","content":"170 Duty to keep certificate of medical fitness\nkeep the certificate of medical fitness of a worker who carries out\ngeneral diving work for 1 year after the work is carried out.\nNote for regulation 170\n","sortOrder":161},{"sectionNumber":"171","sectionType":"section","heading":"Competence of worker – general diving work – qualifications","content":"171 Competence of worker – general diving work – qualifications\n(1) A person must not carry out any type of general diving work unless\nthe person holds a certificate for general diving work, issued by a\ntraining organisation, that demonstrates that the person has\nacquired the relevant competencies for that type of general diving\n(2) This regulation does not apply in relation to incidental diving work or\nlimited scientific diving work.\n(3) In subregulation (1):\nrelevant competencies means the competencies specified in\nAS/NZS 2815 (Training and certification of occupational divers) that\nare relevant to the type of general diving work to which\nsubregulation (1) applies.\nNote for regulation 171\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 132\n","sortOrder":162},{"sectionNumber":"171A","sectionType":"section","heading":"Competence of worker – general diving work – knowledge and","content":"171A Competence of worker – general diving work – knowledge and\nskill\nA person must not carry out general diving work unless the person\nhas, through training, qualification or experience, acquired sound\nknowledge and skill in relation to the following:\n(a) the application of diving physics;\n(b) the use, inspection and maintenance of diving equipment\n(including emergency equipment) and air supply of the type to\nbe used in the proposed general diving work;\n(c) the use of decompression tables or dive computers;\n(d) dive planning;\n(e) ways of communicating with another diver and with persons at\nthe surface during general diving work;\n(f) how to safely carry out general diving work of the type\nproposed to be carried out;\n(g) diving physiology, emergency procedures and first aid.\nNote for regulation 171A\n","sortOrder":163},{"sectionNumber":"172","sectionType":"section","heading":"Competence of worker – incidental diving work","content":"172 Competence of worker – incidental diving work\n(1) A person must not carry out incidental diving work unless the\nperson:\n(a) has the knowledge and skill referred to in regulation 171A; and\n(b) has relevant diving experience; and\n(c) is accompanied and supervised in the water by a person who\nhas the competencies referred to in regulation 171.\n(2) In this regulation, a person has relevant diving experience if the\nperson has logged at least 15 hours of diving, of which at least\n8 hours and 20 minutes were spent diving between 10 m above and\nany depth below the maximum depth at which the diving work is to\nbe carried out.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 133\n","sortOrder":164},{"sectionNumber":"173","sectionType":"section","heading":"Competence of worker – limited scientific diving work","content":"173 Competence of worker – limited scientific diving work\n(1) A person must not carry out limited scientific diving work unless the\nperson has:\n(a) the training, qualification or experience referred to in\nregulation 171A; and\n(b) if the person is not permanently resident in Australia – relevant\ndiving experience, including relevant diving experience\nobtained outside Australia.\n(2) In this regulation, a person has relevant diving experience if the\nperson has logged at least 60 hours diving of which at least 8 hours\nand 20 minutes were spent diving between 10 m above and any\ndepth below the maximum depth at which the limited scientific\ndiving work is to be carried out.\n","sortOrder":165},{"sectionNumber":"174","sectionType":"section","heading":"Competence of competent person supervising general diving","content":"174 Competence of competent person supervising general diving\nwork\nA person appointed under regulation 177 must not perform any\nfunction associated with that appointment unless the person has:\n(a) the qualification specified in regulation 171; and\n(b) experience in the type of diving work to be supervised.\nNote for regulation 174\n","sortOrder":166},{"sectionNumber":"175","sectionType":"section","heading":"Evidence of competence – duty of person conducting","content":"175 Evidence of competence – duty of person conducting\nnot direct or allow a worker to carry out general diving work unless\nthe person sees written evidence provided by the worker that the\nworker has the relevant competence required under this Division.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 134\nnot direct or allow a person appointed under regulation 177 to\nperform any of the functions associated with that appointment\nunless the person conducting the business or undertaking sees\nwritten evidence provided by the person appointed that the person\nappointed has the competence required under regulation 174.\n(3) A person conducting a business or undertaking must keep the\nwritten evidence given to the person:\n(a) under subregulation (1) – for at least 1 year after the diving\nwork is carried out; or\n(b) under subregulation (2) – for at least 1 year after the last\noccasion on which the person performs a function associated\nwith the appointment.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 135\n","sortOrder":167},{"sectionNumber":"176","sectionType":"section","heading":"Management of risks to health and safety","content":"176 Management of risks to health and safety\nmanage risks to health and safety associated with general diving\nwork, in accordance with Part 3.1.\nrisk assessment is conducted by a competent person for the\npurposes of subregulation (1).\n(3) The person must ensure that a risk assessment conducted under\nsubregulation (2) is recorded in writing.\n","sortOrder":168},{"sectionNumber":"177","sectionType":"section","heading":"Appointment of competent person to supervise diving work","content":"177 Appointment of competent person to supervise diving work\nappoint one or more competent persons to:\n(a) supervise general diving work carried out in the business or\nundertaking; and\n(b) perform other functions under this Division.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 136\nNotes for regulation 177\n2 See regulation 174 for the qualifications of the competent person.\n","sortOrder":169},{"sectionNumber":"178","sectionType":"section","heading":"Additional control – dive plan","content":"178 Additional control – dive plan\nnot direct or allow general diving work to be carried out unless a\ndive plan for the dive:\n(a) is prepared by a competent person appointed under\nregulation 177; or\n(b) has been prepared by a competent person appointed under\nregulation 177 on an earlier occasion for a similar dive.\n(2) A dive plan must state the following:\n(a) the method of carrying out the diving work to which it relates;\n(b) the tasks and duties of each person involved in the dive;\n(c) the diving equipment, breathing gases and procedures to be\nused in the dive;\n(d) as applicable, dive times, bottom times and decompression\nprofiles;\n(e) hazards relating to the dive and measures to be implemented\nin the control of risks associated with those hazards;\n(f) emergency procedures.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 137\n","sortOrder":170},{"sectionNumber":"179","sectionType":"section","heading":"Dive plan must be complied with","content":"179 Dive plan must be complied with\nensure, so far as is reasonably practicable, that general diving work\nis carried out in accordance with the dive plan prepared for it.\ncompetent person appointed by the person under regulation 177\ngives workers instruction in relation to the dive plan before\ncommencing the diving work to which the plan relates.\n","sortOrder":171},{"sectionNumber":"180","sectionType":"section","heading":"Additional control – dive safety log to be kept","content":"180 Additional control – dive safety log to be kept\nwhere general diving work is carried out must keep a dive safety log\nthat contains the following information about each dive carried out\nby a worker:\n(a) the name of the worker who carries out the dive;\n(b) the name of any other person with whom the dive is carried\nout;\n(c) the name of the competent person appointed under\nregulation 177 to supervise the diving work;\n(d) the date and location of the dive;\n(e) the time each diver enters and leaves the water;\n(f) the maximum depth of the dive;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 138\n(g) any incident, difficulty, discomfort or injury that occurs or is\nexperienced during the dive;\n(h) if the dive was carried out using a dive computer – the dive\ntime;\n(i) if the dive was carried out using dive tables – the repetitive\ndive group, if available, and either the bottom time or the dive\ntime;\n(j) if the repetitive group and surface interval result in a repetitive\nfactor – the surface interval and the repetitive factor;\n(k) if the dive is carried out using EANx:\n(i) the oxygen content of the EANx; and\n(ii) the maximum operating depth of the EANx;\n(l) if the dive is carried out using mixed gas:\n(i) the oxygen content and the nitrogen content (if any) of\nthe gas; and\n(ii) the maximum operating depth of the mixed gas; and\n(iii) the minimum operating depth of the bottom mix.\nNote for regulation 180\n","sortOrder":172},{"sectionNumber":"181","sectionType":"section","heading":"Use of dive safety log","content":"181 Use of dive safety log\n(1) This regulation applies to a person conducting a business or\nundertaking at a workplace where general diving work is carried\nout.\n(2) The person conducting the business or undertaking must ensure\nthat, after each dive carried out in connection with the general\ndiving work is completed, the return of each diver is verified in the\ndive safety log, as soon as practicable after the return, by:\n(a) the diver; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 139\n(b) a competent person appointed under regulation 177 to\nsupervise the diving work.\n(3) If workers are carrying out general diving work from a vessel, the\nperson conducting the business or undertaking must ensure that a\ncompetent person appointed under regulation 177 to supervise the\ndiving work makes and verifies entries in the dive safety log of the\nnumber of workers and other persons on board the vessel:\n(a) before the diving work commences; and\n(b) before the vessel leaves the location after the diving work is\ncompleted.\n(4) The person conducting the business or undertaking must ensure\nthat the dive safety log is kept for at least 1 year after the last entry\nis made.\n(5) In this regulation, an event is verified in the dive safety log:\n(a) by signing; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 140\n(b) if the log is electronic, by entering the verifier's unique\nidentifier.\n","sortOrder":173},{"sectionNumber":"182","sectionType":"section","heading":"Record keeping","content":"182 Record keeping\nundertaking prepares:\n(a) a risk assessment under regulation 176; or\n(b) a dive plan under regulation 178.\n(2) Subject to subregulation (3), the person must keep:\n(a) a copy of the risk assessment until at least 28 days after the\nwork to which it relates is completed; and\n(b) a copy of the dive plan until the work to which it relates is\ncompleted.\n(3) If a notifiable incident occurs in connection with the work to which\nthe assessment or dive plan relates, the person must keep the\nassessment or dive plan (as applicable) for at least 2 years after the\nincident occurs.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 141\n(4) The person must ensure that, for the period for which the\nassessment or dive plan must be kept under this regulation, a copy\nis readily accessible to any worker engaged by the person to carry\nout the work to which the assessment or dive plan relates.\n(5) The person must ensure that, for the period for which the\nassessment or dive plan must be kept under this regulation, a copy\nis available for inspection under the Act.\n","sortOrder":174},{"sectionNumber":"183","sectionType":"section","heading":"Duties of person conducting business or undertaking","content":"183 Duties of person conducting business or undertaking\nwhere high risk diving work is carried out must ensure that the\nfollowing are in accordance with AS/NZS 2299.1:2015\n(Occupational diving operations – Standard operational practice):\n(a) the fitness of persons carrying out the work;\n(b) the competence of persons carrying out the work;\n(c) the carrying out of the work.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 142\nNotes for regulation 183(b)\nNote for regulation 183\n","sortOrder":175},{"sectionNumber":"184","sectionType":"section","heading":"Duty of worker – competence","content":"184 Duty of worker – competence\nA person must not carry out high risk diving work unless the person\nhas the qualifications, knowledge, skills and experience required by\nAS/NZS 2299.1:2015 (Occupational diving operations – Standard\noperational practice) for work of the kind to be carried out by the\nNote for regulation 184\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 143\n","sortOrder":176},{"sectionNumber":"185","sectionType":"section","heading":"Application of Part 5.1 to plant","content":"185 Application of Part 5.1 to plant\n(1) Subject to this regulation, this Part applies to all plant.\n(2) Subject to subregulation (3), this Part does not apply to plant that:\n(a) relies exclusively on manual power for its operation; and\n(b) is designed to be primarily supported by hand.\n(3) This Part applies to explosive power tools that are designed to be\nsupported by hand.\n186 Application of Part 5.1 to structures\nThis Part applies to structures as provided in this Part.\nDivision 2 Duties of persons conducting businesses or\nundertakings that design plant\n187 Provision of information to manufacturer\nA designer of plant must ensure, when the design of the plant is\nmade available to the manufacturer of the plant, that the\nmanufacturer is provided with:\n(a) information to enable the plant to be manufactured in\naccordance with the design specifications; and\n(b) if applicable, information about:\n(i) the installation, commissioning, decommissioning, use,\nhandling, storage and, if the plant is capable of being\ndismantled, dismantling of the plant; and\n(ii) the hazards and risks associated with the use of the\nplant that the designer has identified; and\n(iii) testing or inspections to be carried out on the plant; and\n(iv) the systems of work and competency of operators that\nare necessary for the safe use of the plant; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 144\n(v) the emergency procedures (if any) that are required to\nbe implemented if there is a malfunction of the plant.\nNotes for regulation 187\n2 A designer also has duties under section 22 of the Act.\n","sortOrder":177},{"sectionNumber":"188","sectionType":"section","heading":"Hazard identified in design during manufacture","content":"188 Hazard identified in design during manufacture\nIf a manufacturer of plant informs the designer of the plant that\nthere is a hazard in the design of the plant for which the designer\nhas not provided a control measure, the designer must:\n(a) revise the information originally supplied to the manufacturer\nto ensure that:\n(i) the risk is eliminated so far as is reasonably practicable;\nor\n(ii) if it is not reasonably practicable to eliminate the risk, the\nrisk is minimised so far as is reasonably practicable; or\n(b) notify the manufacturer, in writing, that the designer is of the\nopinion that it is not necessary to revise the information\noriginally supplied to the manufacturer to ensure compliance\nwith this Part.\nNotes for regulation 188\n2 A designer also has duties under section 22 of the Act.\n","sortOrder":178},{"sectionNumber":"189","sectionType":"section","heading":"Guarding","content":"189 Guarding\n(1) This regulation applies if a designer of plant uses guarding as a\ncontrol measure.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 145\n(2) The designer must ensure, so far as is reasonably practicable, that\nthe guarding designed for that purpose will prevent access to the\ndanger point or danger area of the plant.\n(3) The designer must ensure that:\n(a) if access to the area of the plant requiring guarding is not\nplant – the guarding is a permanently fixed physical barrier; or\n(b) if access to the area of the plant requiring guarding is\nplant – the guarding is an interlocked physical barrier that\nallows access to the area being guarded at times when that\narea does not present a risk and prevents access to that area\nat any other time; or\n(c) if it is not reasonably practicable to use guarding referred to in\nparagraph (a) or (b) – the guarding used is a physical barrier\nthat can only be altered or removed by the use of tools; or\n(d) if it is not reasonably practicable to use guarding referred to in\nparagraph (a), (b) or (c) – the design includes a\npresence-sensing safeguarding system that eliminates any\nrisk arising from the area of the plant requiring guarding while\na person or any part of a person is in the area being guarded.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 146\n(4) The designer must ensure that the guarding is designed:\n(a) to be of solid construction and securely mounted so as to\nresist impact or shock; and\n(b) to make bypassing or disabling of the guarding, whether\ndeliberately or by accident, as difficult as is reasonably\n(c) so as not to cause a risk in itself.\n(5) If the plant to be guarded contains moving parts and those parts\nmay break or cause workpieces to be ejected from the plant, the\ndesigner must ensure, so far as is reasonably practicable, that the\nguarding will control any risk from those broken or ejected parts and\nworkpieces.\n(6) Despite anything to the contrary in this regulation, the designer\nmust ensure:\n(a) that the guarding is of a kind that can be removed to allow\nmaintenance and cleaning of the plant at any time that the\nplant is not in normal operation; and\n(b) if the guarding is removed, that, so far as is reasonably\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 147\n","sortOrder":179},{"sectionNumber":"190","sectionType":"section","heading":"Operational controls","content":"190 Operational controls\n(1) A designer of plant must ensure that the design provides for any\noperator's controls for the plant to be:\n(a) identified on the plant so as to indicate their nature and\nfunction and direction of operation; and\n(b) located so as to be readily and conveniently operated by each\nperson using the plant; and\n(c) located or guarded to prevent unintentional activation; and\n(d) able to be locked into the \"off\" position to enable the\ndisconnection of all motive power.\n(2) If the need for plant to be operated during maintenance or cleaning\ncannot be eliminated, the designer of the plant must ensure that the\ndesign provides for operator's controls that:\n(a) permit operation of the plant while a person is undertaking the\nmaintenance or cleaning of the plant; and\n(b) while the plant is being maintained or cleaned, cannot be\noperated by any person other than the person who is carrying\nout the maintenance or cleaning of the plant; and\n(c) will allow operation of the plant in such a way that any risk\nassociated with the activities in relation to any person who is\ncarrying out the maintenance or cleaning:\n(i) is eliminated so far as is reasonably practicable; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 148\n(ii) if it is not reasonably practicable to eliminate the risk, is\n","sortOrder":180},{"sectionNumber":"191","sectionType":"section","heading":"Emergency stop controls","content":"191 Emergency stop controls\n(1) If plant is designed to be operated or attended by more than\n1 person and more than 1 emergency stop control is fitted, the\ndesigner of the plant must ensure that the design provides for the\nmultiple emergency stop controls to be of the \"stop and lock-off\"\ntype so that the plant cannot be restarted after an emergency stop\ncontrol has been used unless that emergency stop control is reset.\n(2) If the design of the plant includes an emergency stop control for the\nplant, the designer of the plant must ensure that the design\nprovides:\n(a) for the stop control to be prominent, clearly and durably\nmarked and immediately accessible to each operator of the\nplant; and\n(b) for any handle, bar or push button associated with the stop\ncontrol to be coloured red; and\n(c) that the stop control cannot be adversely affected by electrical\nor electronic circuit malfunction.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 149\n","sortOrder":181},{"sectionNumber":"192","sectionType":"section","heading":"Warning devices","content":"192 Warning devices\n(1) This regulation applies if the design of plant includes an emergency\nwarning device or it is necessary to include an emergency warning\ndevice to minimise risk.\n(2) The designer of the plant must ensure that the design provides for\nthe device to be positioned on the plant to ensure the device will\nwork to best effect.\nDivision 3 Duties of persons conducting businesses or\nundertakings that manufacture plant\n","sortOrder":182},{"sectionNumber":"193","sectionType":"section","heading":"Control of risk","content":"193 Control of risk\n(1) A manufacturer of plant must ensure the following:\n(a) that the plant is manufactured and inspected having regard to\nthe information provided to the manufacturer by the designer\nof the plant under the Act and these Regulations;\n(b) if the information provided to the manufacturer by the designer\nof the plant under the Act and these Regulations requires the\nplant to be tested – that the plant is tested in accordance with\nthat information;\n(c) if, during the manufacturing process, any hazard is identified\nin the design of the plant for which the designer has not\nprovided a control measure:\n(i) that the hazard is not incorporated into the manufacture\nof the plant; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 150\n(ii) that the designer of the plant is given written notice of\nthe hazard as soon as practicable; and\n(iii) that all reasonable steps are taken to consult with the\ndesigner of the plant in relation to the alteration of the\ndesign to rectify the hazard.\n(2) A manufacturer of plant must ensure that, if it is not possible to\ninform the designer about the hazard in accordance with\nsubregulation (1):\n(a) the risk is eliminated, so far as is reasonably practicable; or\n(b) if it is not reasonably practicable to eliminate the risk, the risk\nis minimised so far as is reasonably practicable.\nWHS (NUL) Act – section 23 (see regulation 9).\n(3) A manufacturer to whom subregulation (1)(c) applies must not\nmanufacture the plant until:\n(a) the designer gives the manufacturer the revised information or\nwritten instruction under regulation 188; or\n(b) the manufacturer eliminates or minimises the risk under\nWHS (NUL) Act – section 23 (see regulation 9).\n(4) If the designer notifies a manufacturer of plant under\nregulation 188, the manufacturer may proceed in accordance with\nthe designer's original information.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 151\n","sortOrder":183},{"sectionNumber":"194","sectionType":"section","heading":"Guarding","content":"194 Guarding\n(1) A manufacturer of plant must ensure that guarding used as a\ncontrol measure is of solid construction and securely mounted so\nas to resist impact or shock.\n(2) A manufacturer of plant must ensure:\n(a) that any guarding used as a control measure in relation to\nplant is of a kind that can be removed to allow maintenance\nand cleaning of the plant at any time that the plant is not in\nnormal operation; and\n(b) if the guarding is removed – that, so far as is reasonably\n","sortOrder":184},{"sectionNumber":"195","sectionType":"section","heading":"Information must be obtained and provided","content":"195 Information must be obtained and provided\nA manufacturer of plant must:\n(a) take all reasonable steps to obtain the information required to\nbe provided to the manufacturer by the designer of the plant\nunder section 22(4)(a) and (c) of the Act and regulations 187\nand 188; and\n(b) ensure that a person to whom the manufacturer supplies the\nplant is, at the time of supply, provided with the information\nprovided to the manufacturer by the designer under\nsection 22(4)(a) and (c) of the Act and regulation 187; and\n\n","sortOrder":185},{"sectionNumber":"Div 4","sectionType":"division","heading":"Duties of persons conducting businesses or undertakings that import plant","content":"Division 4 Duties of persons conducting businesses or undertakings that import plant\nWork Health and Safety (National Uniform Legislation) Regulations 2011 152\n(c) if the manufacturer acts in accordance with\nregulation 193(1)(c), ensure that a person to whom the\nmanufacturer supplies the plant is provided with the\ninformation, applicable to the plant, that is required to be\nprovided by the designer under section 22(4)(a) and (c) of the\nAct and regulation 188.\nNote for regulation 195\nDivision 4 Duties of persons conducting businesses or\nundertakings that import plant\n","sortOrder":186},{"sectionNumber":"196","sectionType":"section","heading":"Information to be obtained and provided by importer","content":"196 Information to be obtained and provided by importer\nAn importer of plant must:\n(a) take all reasonable steps to obtain:\n(i) the information that would be required to be provided by\na manufacturer under section 23(4)(a) and (c) of the Act;\nand\n(ii) the information that would be required to be provided by\nthe designer of the plant to the manufacturer under\nregulations 187 and 188; and\nNote for regulation 196\n\n","sortOrder":187},{"sectionNumber":"Div 5","sectionType":"division","heading":"Duties of persons conducting businesses or undertakings that supply plant","content":"Division 5 Duties of persons conducting businesses or undertakings that supply plant\nWork Health and Safety (National Uniform Legislation) Regulations 2011 153\n","sortOrder":188},{"sectionNumber":"197","sectionType":"section","heading":"Control of risk","content":"197 Control of risk\nAn importer of plant must:\n(a) ensure that the plant is inspected having regard to the\ninformation provided by the manufacturer; and\n(b) if the information provided by the manufacturer requires the\nplant to be tested – ensure that the plant is tested in\naccordance with that information; and\n(c) if any hazards are identified:\n(i) ensure that the plant is not supplied until the risks have\nbeen eliminated so far as is reasonably practicable; and\n(ii) if it is not reasonably practicable to eliminate the risks,\ninform the person to whom the plant is supplied about\nthe risks; and\n(d) take all reasonable steps to ensure that the designer and\nmanufacturer of the plant are consulted in relation to any\nalteration made to the plant to control the risk.\nNote for regulation 197\nDivision 5 Duties of persons conducting businesses or\nundertakings that supply plant\n","sortOrder":189},{"sectionNumber":"198","sectionType":"section","heading":"Information to be obtained and provided by supplier","content":"198 Information to be obtained and provided by supplier\nA supplier of plant must:\n(a) take all reasonable steps to obtain the information required to\nbe provided by the manufacturer under section 23(4)(a)\nand (c) of the Act and these Regulations; and\n\nDivision 5 Duties of persons conducting businesses or undertakings that supply plant\nWork Health and Safety (National Uniform Legislation) Regulations 2011 154\n(b) ensure that, when the plant is supplied, the person to whom\nthe plant is supplied is given the information obtained by the\nsupplier under paragraph (a).\nNote for regulation 198\n","sortOrder":190},{"sectionNumber":"199","sectionType":"section","heading":"Supply of second-hand plant – duties of supplier","content":"199 Supply of second-hand plant – duties of supplier\n(1) A supplier of second-hand plant must ensure, so far as is\nreasonably practicable, that any faults in the plant are identified.\n(2) A supplier of second-hand plant must ensure that the person to\nwhom the plant is supplied is, before the plant is supplied, given\nwritten notice:\n(a) of the condition of the plant; and\n(b) of any faults identified under subregulation (1); and\n(c) if appropriate, that the plant should not be used until the faults\nare rectified.\n\nDivision 6 Duties of persons conducting businesses or undertakings that install,\nconstruct or commission plant or structures\nWork Health and Safety (National Uniform Legislation) Regulations 2011 155\n(3) This regulation does not apply to plant to be used for scrap or spare\nparts.\n","sortOrder":191},{"sectionNumber":"200","sectionType":"section","heading":"Second-hand plant to be used for scrap or spare parts","content":"200 Second-hand plant to be used for scrap or spare parts\nA supplier of plant to be used for scrap or spare parts must, before\nthe plant is supplied, inform the person to whom the plant is\nsupplied, either in writing or by marking the plant, that the plant is\nbeing supplied for scrap or spare parts and that the plant in its\ncurrent form is not to be used as plant.\nNote for regulation 200\nDivision 6 Duties of persons conducting businesses or\nundertakings that install, construct or commission\n","sortOrder":192},{"sectionNumber":"201","sectionType":"section","heading":"Duties of persons conducting businesses or undertakings that","content":"201 Duties of persons conducting businesses or undertakings that\ninstall, construct or commission plant\nundertaking that installs, constructs or commissions plant that is to\nbe used, or could reasonably be expected to be used, as, or at, a\n(2) The person must ensure that the plant is installed, constructed or\ncommissioned having regard to:\n(a) the information provided by the designer, manufacturer,\nimporter or supplier of the plant under the Act and these\nRegulations; or\n(b) the instructions provided by a competent person to the extent\nthat those instructions relate to health and safety.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 156\n","sortOrder":193},{"sectionNumber":"202","sectionType":"section","heading":"Duties of persons conducting businesses or undertakings that","content":"202 Duties of persons conducting businesses or undertakings that\ninstall, construct or commission structures\nundertaking that installs, constructs or commissions a structure that\nis to be used, or could reasonably be expected to be used, as or at,\na workplace.\n(2) The person must ensure that the structure is installed, constructed\nor commissioned having regard to:\n(a) the information provided by the designer, manufacturer,\nimporter or supplier of the structure under the Act and these\nRegulations; or\n(b) the instructions provided by a competent person to the extent\nthat those instructions relate to health and safety.\n","sortOrder":194},{"sectionNumber":"Div 7","sectionType":"division","heading":"General duties of a person conducting a business","content":"Division 7 General duties of a person conducting a business\nor undertaking involving the management or\ncontrol of plant\nNote for Division 7\nA person with management or control of plant at a workplace is the person\nconducting a business or undertaking at the workplace to the extent that the\nbusiness or undertaking involves the management or control of plant in whole or\nin part at the workplace. See definition person with management or control of\nplant at a workplace in regulation 5(1) and section 21 of the Act.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 157\n","sortOrder":195},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Management of risks","content":"Subdivision 1 Management of risks\n","sortOrder":196},{"sectionNumber":"203","sectionType":"section","heading":"Management of risks to health and safety","content":"203 Management of risks to health and safety\nA person with management or control of plant at a workplace must\nmanage risks to health and safety associated with plant, in\naccordance with Part 3.1.\nNote for regulation 203\nWHS (NUL) Act – section 21 (see regulation 9).\n","sortOrder":197},{"sectionNumber":"204","sectionType":"section","heading":"Control of risks arising from installation or commissioning","content":"204 Control of risks arising from installation or commissioning\n(1) A person with management or control of plant at a workplace must\nnot commission the plant unless the person has established that\nthe plant is, so far as is reasonably practicable, without risks to the\nhealth and safety of any person.\n(2) A person with management or control of plant at a workplace must\nnot decommission or dismantle the plant unless the\ndecommissioning or dismantling can be carried out, so far as is\nreasonably practicable, without risks to the health and safety of any\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 158\n(3) A person with management or control of plant at a workplace must\nensure that a person who installs, assembles, constructs,\ncommissions or decommissions or dismantles the plant is a\ncompetent person.\n(4) A person with management or control of plant at a workplace must\nensure that a person who installs, assembles, constructs,\ncommissions or decommissions or dismantles the plant is provided\nwith the available information for eliminating or minimising risks to\nhealth or safety.\n(5) A person with management or control of plant at a workplace must\nensure that the processes for the installation, construction,\ncommissioning, decommissioning and dismantling of plant include\ninspections that ensure, so far as is reasonably practicable, that\nrisks associated with these activities are monitored.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 159\n","sortOrder":198},{"sectionNumber":"205","sectionType":"section","heading":"Preventing unauthorised alterations to or interference with","content":"205 Preventing unauthorised alterations to or interference with\nmust, so far as is reasonably practicable, prevent alterations to or\ninterference with the plant that are not authorised by the person.\nNote for regulation 205\n","sortOrder":199},{"sectionNumber":"206","sectionType":"section","heading":"Proper use of plant and controls","content":"206 Proper use of plant and controls\nmust take all reasonable steps to ensure that plant is used only for\nthe purpose for which it was designed, unless the person has\ndetermined that the proposed use does not increase the risk to\nhealth or safety.\n(2) In determining whether or not a proposed use of plant increases the\nrisk to health or safety, the person with management or control of\nthe plant must ensure that the risk associated with the proposed\nuse is assessed by a competent person.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 160\n(3) The person with management or control of plant at a workplace\nmust take all reasonable steps to ensure that all health and safety\nfeatures and warning devices (including guarding, operational\ncontrols, emergency stops and warning devices) are used in\naccordance with the instructions and information provided by that\nperson under regulation 39.\n","sortOrder":200},{"sectionNumber":"207","sectionType":"section","heading":"Plant not in use","content":"207 Plant not in use\nmust ensure, so far as is reasonably practicable, that plant that is\nnot in use is left in a state that does not create a risk to the health or\nsafety of any person.\nNote for regulation 207\n","sortOrder":201},{"sectionNumber":"208","sectionType":"section","heading":"Guarding","content":"208 Guarding\n(1) This regulation applies if guarding is used as a control measure in\nrelation to plant at a workplace.\n(2) The person with management or control of the plant must ensure\n(a) if access to the area of the plant requiring guarding is not\nplant, the guarding is a permanently fixed physical barrier; or\n(b) if access to the area of the plant requiring guarding is\nplant, the guarding is an interlocked physical barrier that\nallows access to the area being guarded at times when that\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 161\narea does not present a risk and prevents access to that area\nat any other time; or\n(c) if it is not reasonably practicable to use guarding referred to in\nparagraph (a) or (b), the guarding used is a physical barrier\nthat can only be altered or removed by the use of tools; or\n(d) if it is not reasonably practicable to use guarding referred to in\nparagraph (a), (b) or (c), the guarding includes a\npresence-sensing safeguarding system that eliminates any\nrisk arising from the area of the plant requiring guarding while\na person or any part of a person is in the area being guarded.\n(3) The person with management or control of the plant must ensure\nthat the guarding:\n(a) is of solid construction and securely mounted so as to resist\nimpact or shock; and\n(b) makes bypassing or disabling of the guarding, whether\ndeliberately or by accident, as difficult as is reasonably\n(c) does not create a risk in itself; and\n(d) is properly maintained.\n(4) If the plant to be guarded contains moving parts that may break or\ncause workpieces to be ejected from the plant, the person with\nmanagement or control of the plant must ensure, so far as is\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 162\nreasonably practicable, that the guarding will control any risk from\nthose broken or ejected parts and workpieces.\n(5) Despite anything to the contrary in this regulation, the person with\nmanagement or control of the plant must ensure:\n(a) that the guarding is of a kind that can be removed to allow\nmaintenance and cleaning of the plant at any time that the\nplant is not in normal operation; and\n(b) if guarding is removed, that, so far as is reasonably\n","sortOrder":202},{"sectionNumber":"209","sectionType":"section","heading":"Guarding and insulation from heat and cold","content":"209 Guarding and insulation from heat and cold\nmust ensure, so far as is reasonably practicable, that any pipe or\nother part of the plant associated with heat or cold is guarded or\ninsulated so that the plant is without risks to the health and safety of\nany person.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 163\nNote for regulation 209\n","sortOrder":203},{"sectionNumber":"210","sectionType":"section","heading":"Operational controls","content":"210 Operational controls\nmust ensure that any operator's controls are:\n(a) identified on the plant so as to indicate their nature and\nfunction and direction of operation; and\n(b) located so as to be readily and conveniently operated by each\nperson using the plant; and\n(c) located or guarded to prevent unintentional activation; and\n(d) able to be locked into the \"off\" position to enable the\ndisconnection of all motive power.\n(2) If the need for plant to be operated during maintenance or cleaning\ncannot be eliminated, the person with management or control of the\nplant at a workplace must ensure that the operator's controls:\n(a) permit operation of the plant while a person is undertaking the\nmaintenance or cleaning of the plant; and\n(b) while the plant is being maintained or cleaned, either:\n(i) cannot be operated by any person other than the person\nwho is carrying out the maintenance or cleaning of the\nplant; or\n(ii) if subparagraph (i) cannot be complied with because the\nplant must be operated by a person other than the\nperson who is carrying out the maintenance or cleaning\nof the plant – cannot be operated except by a person\nauthorised by the person with management or control of\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 164\nthe plant for that purpose; and\n(c) will allow operation of the plant in such a way that any risk\nassociated with the activities in relation to any person who is\ncarrying out the maintenance or cleaning:\n(i) is eliminated so far as is reasonably practicable; or\n(ii) if it is not reasonably practicable to eliminate the risk, is\n","sortOrder":204},{"sectionNumber":"211","sectionType":"section","heading":"Emergency stops","content":"211 Emergency stops\n(1) If plant at a workplace is designed to be operated or attended by\nmore than 1 person and more than 1 emergency stop control is\nfitted, the person with management or control of plant at the\nworkplace must ensure that the multiple emergency stop controls\nare of the \"stop and lock off\" type so that the plant cannot be\nrestarted after an emergency stop control has been used unless\nthat emergency stop control is reset.\n(2) If the design of plant at a workplace includes an emergency stop\ncontrol, the person with management or control of the plant at the\nworkplace must ensure that:\n(a) the stop control is prominent, clearly and durably marked and\nimmediately accessible to each operator of the plant; and\n(b) any handle, bar or push button associated with the stop\ncontrol is coloured red; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 165\n(c) the stop control cannot be adversely affected by electrical or\nelectronic circuit malfunction.\n","sortOrder":205},{"sectionNumber":"212","sectionType":"section","heading":"Warning devices","content":"212 Warning devices\n(1) This regulation applies if the design of plant includes an emergency\nwarning device or it is necessary to include an emergency warning\ndevice to minimise risk.\n(2) The person with management or control of the plant must ensure\nthat the device is positioned on the plant to ensure that the device\nwill work to best effect.\n","sortOrder":206},{"sectionNumber":"213","sectionType":"section","heading":"Maintenance and inspection of plant","content":"213 Maintenance and inspection of plant\nmust ensure that the maintenance, inspection and, if necessary,\ntesting of the plant is carried out by a competent person.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 166\n(2) The maintenance, inspection and testing must be carried out:\n(a) in accordance with the manufacturer's recommendations, if\nany; or\n(b) if there are no manufacturer's recommendations, in\naccordance with the recommendations of a competent person;\nor\n(c) in relation to inspection, if it is not reasonably practicable to\ncomply with paragraph (a) or (b), annually.\nNote for Subdivision 3\nThe person with management or control of plant at a workplace is the person\nconducting a business or undertaking at a workplace to the extent that the\nbusiness or undertaking involves the management or control of plant in whole or\nin part at the workplace. See definition person with management or control of\nplant at a workplace in regulation 5(1) and section 21 of the Act.\n","sortOrder":207},{"sectionNumber":"214","sectionType":"section","heading":"Powered mobile plant – general control of risk","content":"214 Powered mobile plant – general control of risk\nThe person with management or control of powered mobile plant at\na workplace must in accordance with Part 3.1, manage risks to\nhealth and safety associated with the following:\n(a) the plant overturning;\n(b) things falling on the operator of the plant;\n(c) the operator being ejected from the plant;\n(d) the plant colliding with any person or thing;\n(e) mechanical failure of pressurised elements of plant that may\nrelease fluids that pose a risk to health and safety.\nNote for regulation 214\nWHS (NUL) Act – section 21 (see regulation 9).\n","sortOrder":208},{"sectionNumber":"215","sectionType":"section","heading":"Powered mobile plant – specific control measures","content":"215 Powered mobile plant – specific control measures\n(1) This regulation applies to a person with management or control of\npowered mobile plant at a workplace.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 167\n(2) The person must ensure, so far as is reasonably practicable, that a\nsuitable combination of operator protective devices for the plant is\nprovided, maintained and used.\n(3) The person must ensure, so far as is reasonably practicable, that\nno person other than the operator rides on the plant unless the\nperson is provided with a level of protection that is equivalent to that\nprovided to the operator.\n(4) The person must ensure that the plant does not collide with\npedestrians or other powered mobile plant.\n(5) Without limiting subregulation (4), if there is a possibility of the plant\ncolliding with pedestrians or other powered mobile plant, the person\nmust ensure that the plant has a warning device that will warn\npersons who may be at risk from the movement of the plant.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 168\n","sortOrder":209},{"sectionNumber":"216","sectionType":"section","heading":"Roll-over protection on tractors","content":"216 Roll-over protection on tractors\n(1) The person with management or control of a tractor at a workplace\nmust ensure that the tractor is not used unless it is securely fitted\nwith a roll-over protective structure.\n(2) If a tractor is used in a place that is too low for the tractor to work\nwhile it is fitted with a roll-over protective structure, the structure\nmay be lowered or removed for the period during which the tractor\nis used in such a situation (but only if other measures to minimise\nthe risk of roll-over are in place).\n(3) This regulation does not apply if the tractor is:\n(a) installed in a fixed position, and in a manner which would no\nlonger permit it to be used as powered mobile plant; or\n(b) a tractor with a mass of less than 560 kg or a mass of\n15 000 kg or more; or\n(c) being used for a historical purpose or activity.\nhistorical purpose or activity, in relation to the use of a tractor,\nincludes an activity ancillary to a historical activity.\nExamples for definition historical purpose of activity\n1 Historical activity: a historical display, parade, demonstration or\nre-enactment.\n2 Activity ancillary to a historical activity: restoring, maintaining, modifying or\nhousing a tractor used, or to be used, for a historical activity.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 169\nroll-over protective structure means a structure designed to\nprotect a tractor operator from injury if the tractor rolls over in any\ndirection.\nNote for regulation 216\nRegulations 214 and 215 also apply to a tractor.\n","sortOrder":210},{"sectionNumber":"218","sectionType":"section","heading":"Industrial lift trucks","content":"218 Industrial lift trucks\n(1) The person with management or control of an industrial lift truck at\na workplace must ensure that the truck is:\n(a) equipped with lifting attachments that are suitable for the load\nto be lifted or moved by the truck; and\n(b) operated in a manner that ensures that the risks to the\noperator of the truck and other persons at or near the\nworkplace that arise from systems of work and the\nenvironment in which the truck is used:\n(i) are eliminated so far as is reasonably practicable; or\n(ii) if it is not reasonably practicable to eliminate the risks,\nare minimised so far as is reasonably practicable.\n(2) The person with management or control of an industrial lift truck at\na workplace must ensure that the truck is not used to carry a\npassenger unless:\n(a) the truck is designed to carry a seated passenger; and\n(b) the passenger seat is:\n(i) fitted with suitable seat restraints; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 170\n(ii) located within the zone of protection that is provided by\nthe operator protective device required to be fitted to the\nindustrial lift truck.\n(3) The person with management or control of an industrial lift truck at\na workplace must take all reasonable steps to ensure that a\npassenger in an industrial lift truck is seated in a seat that complies\nwith subregulation (2)(b).\nNote for regulation 218\nRegulations 214 and 215 also apply to an industrial lift truck.\n","sortOrder":211},{"sectionNumber":"219","sectionType":"section","heading":"Plant that lifts or suspends loads","content":"219 Plant that lifts or suspends loads\n(1) This regulation applies in relation to plant that is used to lift or\nsuspend persons or things.\n(2) The person with management or control of plant at a workplace\nmust ensure, so far as is reasonably practicable, that the plant used\nis specifically designed to lift or suspend the load.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 171\n(3) If it is not reasonably practicable to use plant that is specifically\ndesigned to lift or suspend the load, the person must ensure that:\n(a) the plant does not cause a greater risk to health and safety\nthan if specifically designed plant were used; and\n(b) if the plant is lifting or suspending persons, the use of the plant\ncomplies with regulation 220.\n(4) The person must ensure that the lifting and suspending is carried\nout:\n(a) with lifting attachments that are suitable for the load being\nlifted or suspended; and\n(b) within the safe working limits of the plant.\n(5) The person must ensure, so far as is reasonably practicable, that\nno loads are suspended or travel over a person unless the plant is\nspecifically designed for that purpose.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 172\n(6) The person must ensure, so far as is reasonably practicable, that\nloads are lifted or suspended in a way that ensures that the load\nremains under control during the activity.\n(7) The person must ensure, so far as is reasonably practicable, that\nno load is lifted simultaneously by more than 1 item of plant unless\nthe method of lifting ensures that the load placed on each item of\nplant does not exceed the design capacity of the plant.\n","sortOrder":212},{"sectionNumber":"220","sectionType":"section","heading":"Exception – plant not specifically designed to lift or suspend a","content":"220 Exception – plant not specifically designed to lift or suspend a\nperson\n(1) For the purposes of regulation 219(3)(b), the person with\nmanagement or control of the plant at a workplace must ensure\n(a) the persons are lifted or suspended in a work box that is\nsecurely attached to the plant; and\n(b) the persons in the work box remain substantially within the\nwork box while they are being lifted or suspended; and\n(c) if there is a risk of a person falling from a height, a safety\nharness is provided and worn by the person in order to\nprevent, so far as is reasonably practicable, injury to the\nperson as a result of the fall; and\n(d) means are provided by which the persons being lifted or\nsuspended can safely exit from the plant in the event of a\nfailure in its normal operation.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 173\n(2) This regulation does not apply to plant used in connection with:\n(a) the performance of stunt work; or\n(b) the performance of acrobatics; or\n(c) theatrical performances.\n","sortOrder":213},{"sectionNumber":"Part 4","sectionType":"part","heading":"4 (except regulation 79) applies to the matters in subregulation (2).","content":"Part 4.4 (except regulation 79) applies to the matters in subregulation (2).\n","sortOrder":214},{"sectionNumber":"221","sectionType":"section","heading":"Plant used in connection with tree lopping","content":"221 Plant used in connection with tree lopping\n(1) Regulation 220(1)(a) and (b) do not apply in connection with tree\nlopping if:\n(a) a risk assessment shows that lifting or suspending a person in\na harness with a crane to place the person in a tree to carry\nout tree lopping does not create a greater risk to health or\nsafety than using plant specifically designed to lift a person or\nclimbing a tree; and\n(b) the tree lopping is carried out by a person who is a competent\nperson in the use of the harness referred to in paragraph (a);\nand\n(c) a crane is used to put the competent person in the tree to lop\nit; and\n(d) the crane has safety mechanisms that would prevent the\ncompetent person from inadvertently falling; and\n(e) while attached to the crane, the competent person is in visual,\naudio or radio communication with the crane operator.\nharness means a work positioning harness that is designed and\ncertified, in accordance with AS/NZS 1891.1:2020 (Personal\nequipment for work at height – Manufacturing requirements for full\nbody combination and lower body harnesses), for the purpose of\nlifting and suspending a person.\n","sortOrder":215},{"sectionNumber":"222","sectionType":"section","heading":"Industrial robots","content":"222 Industrial robots\n(1) This regulation applies to a person with management or control of\nan industrial robot or other remotely or automatically energised\nplant at a workplace.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 174\n(2) The person must not direct or allow a worker to work in the\nimmediate vicinity of the plant if it could start without warning and\ncause a hazard, unless suitable control measures are in place to\ncontrol the risks to health and safety.\n(3) If the remote or automatic energising of the plant could lead to risks\nto health and safety, the person must ensure that access to the\narea in the immediate vicinity of the plant is controlled at all times:\n(a) by isolating the area; or\n(b) by:\n(i) providing interlocked guards; or\n(ii) if a risk remains, providing presence-sensing devices; or\n(iii) if a risk then remains, providing permit to work systems.\n","sortOrder":216},{"sectionNumber":"223","sectionType":"section","heading":"Lasers","content":"223 Lasers\n(1) This regulation applies to the person with management or control,\nat a workplace, of laser equipment that may create a risk to health\nand safety.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 175\n(2) The person must ensure that laser equipment intended for use on\nplant is designed, constructed and installed so as to prevent\naccidental irradiation of any person.\n(3) The person must ensure that laser equipment on plant is protected\nso that any operator of the plant or other person is not exposed to\ndirect radiation, radiation produced by reflection or diffusion or\nsecondary radiation.\n(4) The person must ensure that the visual equipment used for the\nobservation or adjustment of laser equipment on plant does not\ncreate a risk to health or safety from laser rays.\n(5) The person must ensure that the workers operating the laser\nequipment are trained in the proper operation of the equipment.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 176\n(6) The person must ensure that Class 3B and Class 4 lasers (within\nthe meaning of AS 2397:2015 – Safe use of lasers in the building\nand construction industry) are not used in construction work.\n","sortOrder":217},{"sectionNumber":"224","sectionType":"section","heading":"Pressure equipment","content":"224 Pressure equipment\n(1) The person with management or control of pressure equipment at a\nworkplace must ensure that:\n(a) the equipment is inspected on a regular basis by a competent\n(b) any gas cylinder that is inspected is marked with a current\ninspection mark showing the date of the most recent\ninspection.\n(2) The person with management or control of gas cylinders at a\nworkplace that is a gas cylinder filling station must ensure that:\n(a) a gas cylinder is not filled with gas unless it bears a current\ninspection mark; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 177\n(b) a gas cylinder is only filled with gas for which that cylinder is\ndesigned.\n","sortOrder":218},{"sectionNumber":"225","sectionType":"section","heading":"Scaffolds","content":"225 Scaffolds\n(1) This regulation applies in relation to:\n(a) a suspended scaffold; and\n(b) a cantilevered scaffold; and\n(c) a spur scaffold; and\n(d) a hung scaffold; and\n(e) any other scaffold from which a person or thing could fall more\nthan 4 m.\n(2) The person with management or control of a scaffold at a\nworkplace must ensure that the scaffold is not used unless the\nperson receives written confirmation from a competent person, who\nhas inspected the scaffold, that construction of the scaffold has\nbeen completed.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 178\n(3) The person with management or control of a scaffold at a\nworkplace must ensure that the scaffold and its supporting structure\nare inspected by a competent person:\n(a) before use of the scaffold is resumed after an incident occurs\nthat may reasonably be expected to affect the stability of the\nscaffold; and\n(b) before use of the scaffold is resumed after repairs; and\n(c) at least every 30 days.\n(4) If an inspection indicates that a scaffold at a workplace or its\nsupporting structure creates a risk to health or safety, the person\nwith management or control of the scaffold must ensure that:\n(a) any necessary repairs, alterations and additions are made or\ncarried out; and\n(b) the scaffold and its supporting structure are inspected again\nby a competent person before use of the scaffold is resumed.\n(5) The person with management or control of a scaffold at a\nworkplace must ensure that unauthorised access to the scaffold is\nprevented while the scaffold is incomplete or unattended.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 179\nExample for subregulation (5)\nDanger tags and other warning signs.\n","sortOrder":219},{"sectionNumber":"226","sectionType":"section","heading":"Plant with presence-sensing safeguarding system – records","content":"226 Plant with presence-sensing safeguarding system – records\n(1) The person with management or control of plant with a\npresence-sensing safeguarding system at a workplace must keep a\nrecord of safety integrity tests, inspections, maintenance,\ncommissioning, decommissioning, dismantling and alterations of\nthe plant for the period set out in subregulation (2).\n(2) The record must be kept for:\n(a) 5 years unless paragraph (b) applies; or\n(b) the life of the plant or until the person relinquishes control of\nthe plant if the plant is registered plant or has been altered.\n(3) The person must keep the record available for inspection under the\nAct.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 180\n(4) The person must make the record available to any person to whom\n","sortOrder":220},{"sectionNumber":"Part 5","sectionType":"part","heading":"2 Additional duties relating to registered plant","content":"Part 5.2 Additional duties relating to registered plant\nand plant designs\nNotes for Part 5.2\n1 The person with management or control of plant at a workplace is the\nperson conducting a business or undertaking at a workplace to the extent\nthat the business or undertaking involves the management or control of\nplant in whole or in part at the workplace. See definition person with\nmanagement or control of plant at a workplace in regulation 5(1) and\nsection 21 of the Act.\n2 This Part applies in addition to Part 5.1.\n3 In this Part, plant includes a structure (see definition plant in\nregulation 5(1)).\n227 Application of Part 5.2\nThis Part applies to:\n(a) plant that is required to be registered under Part 5.3; or\n(b) plant the design of which is required to be registered under\nPart 5.3.\n\nDivision 2 Duty of person conducting a business or undertaking who designs plant to\nrecord plant design\nWork Health and Safety (National Uniform Legislation) Regulations 2011 181\nDivision 2 Duty of person conducting a business or\nundertaking who designs plant to record plant\n","sortOrder":221},{"sectionNumber":"228","sectionType":"section","heading":"Records and information","content":"228 Records and information\nIf the design of plant is required to be registered under Part 5.3, the\ndesigner of that plant must make a record that contains:\n(a) the method used to determine the control measures for the\nplant and the control measures that result from that\ndetermination; and\n(b) a copy of the information provided to a manufacturer under\nsection 22 of the Act in relation to that plant; and\n(c) a copy of the information provided to a manufacturer under\nregulation 187 in relation to that plant; and\n(d) if applicable, a copy of the information provided to a\nmanufacturer under regulation 188 in relation to that plant.\nNote for regulation 228\n","sortOrder":222},{"sectionNumber":"229","sectionType":"section","heading":"Record of standards or engineering principles used","content":"229 Record of standards or engineering principles used\n(1) If the design of plant is required to be registered under Part 5.3, the\ndesigner of the plant must record any published technical standard,\nincluding any part of a published technical standard, that was used\nto design the plant.\n\nDivision 2 Duty of person conducting a business or undertaking who designs plant to\nrecord plant design\nWork Health and Safety (National Uniform Legislation) Regulations 2011 182\n(2) If the designer of the plant has not used published technical\nstandards to design the plant, the designer must record any\nengineering principles used to design the plant.\n","sortOrder":223},{"sectionNumber":"230","sectionType":"section","heading":"Records to be available for inspection","content":"230 Records to be available for inspection\n(1) A designer of plant must ensure that the records made under\nregulations 228 and 229 are kept available for inspection under the\nAct.\n(2) A designer of plant must ensure that the records made under\nregulations 228 and 229 are made available for inspection by the\ndesign verifier of the plant design.\n(3) A designer of plant must keep the records made under\nregulations 228 and 229 for the design life of the plant.\n\nDivision 3 Duties of a person conducting a business or undertaking\nWork Health and Safety (National Uniform Legislation) Regulations 2011 183\nDivision 3 Duties of a person conducting a business or\n231 Duty of persons conducting businesses or undertakings that\nmanufacture plant\nA manufacturer must not supply plant specified in Schedule 5,\n","sortOrder":224},{"sectionNumber":"Part 1","sectionType":"part","heading":"unless the design of that plant is registered under Part 5.3.","content":"Part 1 unless the design of that plant is registered under Part 5.3.\nNote for regulation 231\n","sortOrder":225},{"sectionNumber":"232","sectionType":"section","heading":"Duty of persons conducting businesses or undertakings that","content":"232 Duty of persons conducting businesses or undertakings that\nimport plant\nAn importer must not supply plant specified in Schedule 5, Part 1\nunless the design of that plant is registered under Part 5.3.\nNote for regulation 232\n","sortOrder":226},{"sectionNumber":"233","sectionType":"section","heading":"Duty of persons conducting businesses or undertakings that","content":"233 Duty of persons conducting businesses or undertakings that\nsupply plant\nA supplier must not supply plant specified in Schedule 5, Part 1\nunless the design of that plant is registered under Part 5.3.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 184\nNote for regulation 233\n","sortOrder":227},{"sectionNumber":"234","sectionType":"section","heading":"Duty of persons conducting businesses or undertakings that","content":"234 Duty of persons conducting businesses or undertakings that\ncommission plant\nundertaking that commissions plant.\n(2) The person must not commission an item of plant that is specified\nin Schedule 5, Part 2 for use in a workplace unless that item of\nplant is registered under Part 5.3.\n(3) Nothing in subregulation (2) prevents a person from performing any\nnecessary adjustments, tests or inspections as part of the\ncommissioning process before the plant is commissioned at a\nDivision 4 Duties of a person conducting a business or\nundertaking involving the management or control\nof plant\n","sortOrder":228},{"sectionNumber":"235","sectionType":"section","heading":"Major inspection of registered mobile cranes and tower cranes","content":"235 Major inspection of registered mobile cranes and tower cranes\n(1) This regulation applies to the person with management or control of\na registered mobile crane or tower crane at a workplace.\n(2) The person must ensure that a major inspection of the crane is\ncarried out by, or under the supervision of, a competent person:\n(a) at the end of the design life recommended by the\nmanufacturer for the crane; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 185\n(b) if there are no manufacturer's recommendations, in\naccordance with the recommendations of a competent person;\nor\n(c) if it is not reasonably practicable to comply with paragraph (a)\nor (b), every 10 years from the date that the crane was first\ncommissioned or first registered, whichever occurred first.\n(3) A major inspection carried out under and in accordance with an\nequivalent provision of a corresponding WHS law is taken to be a\nmajor inspection for the purposes of this regulation.\n(4) In this regulation, a competent person is a person who:\n(a) complies with both of the following:\n(i) has acquired through training, qualification or experience\nthe knowledge and skills to carry out a major inspection\nof the plant; and\n(ii) is, or is eligible to be:\n(A) registered on the National Professional Engineers\nRegister administered by Engineers Australia; or\n(B) a member of Engineers Australia with the status of\nChartered Professional Engineer; or\n(b) is determined by the regulator to be a competent person.\n(5) The regulator may, on the application of a person, make a\ndetermination in relation to the person for the purposes of\nsubregulation (4)(b) if the regulator considers that exceptional\ncircumstances exist.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 186\n(6) In this regulation:\nmajor inspection means:\n(a) an examination of all critical components of the crane, if\nnecessary by stripping down the crane and removing paint,\ngrease and corrosion to allow a thorough examination of each\ncritical component; and\n(b) a check of the effective and safe operation of the crane.\n","sortOrder":229},{"sectionNumber":"236","sectionType":"section","heading":"Lifts","content":"236 Lifts\n(1) The person with management or control of a lift at a workplace\n(including a person with management or control of maintenance of\na lift) must ensure that:\n(a) if there is a risk of a person falling down a lift well:\n(i) secure barriers are provided to prevent access to\nopenings into the lift well by someone other than a\nperson who is performing work in the lift well; and\n(ii) secure working platforms or equivalent arrangements\nare provided for a person who is working in the lift well to\nprevent a fall from height; and\n(b) if there is a risk to a person working in a lift well from objects\nfalling onto that person – a secure barrier is provided to\nprevent, so far as is reasonably practicable, falling objects\nfrom striking the person or otherwise causing a risk.\n(2) The person must ensure that there is a safe means of entry to and\nexit from the base of the lift well.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 187\n(3) The person must ensure that there is fixed, in a prominent place in\nthe lift, a sign that states the safe working load specified in the\ndesign of the lift.\n","sortOrder":230},{"sectionNumber":"237","sectionType":"section","heading":"Records of plant","content":"237 Records of plant\n(1) This regulation applies in relation to plant that is required to be\nregistered under Part 5.3.\n(2) The person with management or control of the plant at a workplace\nmust keep a record of all tests, inspections, maintenance,\ncommissioning, decommissioning, dismantling and alterations of\nthe plant for the period set out in subregulation (3).\n(3) The record must be kept for the period that the plant is used or until\n(4) The person must keep the record available for inspection under the\nAct.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 188\n(5) The person must make the record available to any person to whom\n","sortOrder":231},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Control measures for amusement devices and","content":"Subdivision 2 Control measures for amusement devices and\npassenger ropeways\n","sortOrder":232},{"sectionNumber":"238","sectionType":"section","heading":"Operation of amusement devices and passenger ropeways","content":"238 Operation of amusement devices and passenger ropeways\npassenger ropeway at a workplace must ensure that the device or\nropeway is operated only by a person who has been provided with\ninstruction and training in its proper operation.\n(2) The person with management or control of an amusement device or\npassenger ropeway at a workplace must ensure that:\n(a) the amusement device or passenger ropeway is checked\nbefore it is operated on each day on which it is to be operated;\nand\n(b) the amusement device or passenger ropeway is operated\nwithout passengers before it is operated with passengers on\neach day on which it is to be operated; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 189\n(c) the daily checks and operation of the amusement device or\npassenger ropeway without passengers are properly and\naccurately recorded in a log book for the device or ropeway.\n","sortOrder":233},{"sectionNumber":"239","sectionType":"section","heading":"Storage of amusement devices and passenger ropeways","content":"239 Storage of amusement devices and passenger ropeways\npassenger ropeway at a workplace must ensure that the device or\nropeway is stored so as to be without risk to health and safety.\n(2) The person with management or control of an amusement device or\npassenger ropeway at a workplace must ensure that a person who\nstores the device or ropeway is a competent person or is under the\nsupervision of a competent person.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 190\n","sortOrder":234},{"sectionNumber":"240","sectionType":"section","heading":"Maintenance, inspection and testing of amusement devices","content":"240 Maintenance, inspection and testing of amusement devices\nand passenger ropeways\npassenger ropeway at a workplace must ensure that the\nmaintenance, inspection and, if necessary, testing of the device or\nropeway is carried out:\n(a) by a competent person; and\n(b) in accordance with:\n(i) the recommendations of the designer or manufacturer or\ndesigner and manufacturer; or\n(ii) if a maintenance manual for the device or ropeway has\nbeen prepared by a competent person, the requirements\nof the maintenance manual.\n(2) A person is not a competent person to carry out a detailed\ninspection of an amusement device or passenger ropeway that\nincludes an electrical installation unless the person is qualified, or is\nassisted by a person who is qualified, to inspect electrical\ninstallations.\n","sortOrder":235},{"sectionNumber":"241","sectionType":"section","heading":"Annual inspection of amusement devices and passenger","content":"241 Annual inspection of amusement devices and passenger\nropeways\npassenger ropeway at a workplace must ensure that a detailed\ninspection of the device or ropeway is carried out at least once\nevery 12 months by a competent person.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 191\n(2) An annual inspection must include the following:\n(a) a check of information about the operational history of the\namusement device or passenger ropeway since the last\ndetailed inspection;\n(b) a check of the log book for the amusement device or\npassenger ropeway;\n(c) a check that maintenance and inspections of the amusement\ndevice or passenger ropeway have been undertaken under\nregulation 240;\n(d) a check that any required tests have been carried out, and\nthat appropriate records have been maintained;\n(e) a detailed inspection of the amusement device or passenger\nropeway to ensure compliance with the Act and these\nRegulations (including a specific inspection of the critical\ncomponents of the amusement device or passenger ropeway).\n(3) The regulator may extend the date for an inspection by up to\n35 days if an inspection is scheduled to coincide with the same\nevent each year.\n(4) If the date is extended under subregulation (3), the new date is the\ndate from which future annual inspections of the amusement device\nor passenger ropeway are determined.\n(5) In this regulation, a competent person is a person who:\n(a) in the case of an inflatable device (continuously blown) with a\nplatform height less than 9 metres – has acquired through\ntraining, qualification or experience the knowledge and skills to\ninspect the device; or\n(b) in the case of any other amusement device or a passenger\nropeway:\n(i) has acquired through training, qualification or experience\nthe knowledge and skills to inspect the plant; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 192\n(ii) is, or is eligible to be:\n(A) registered on the National Professional Engineers\nRegister administered by Engineers Australia; or\n(B) a member of Engineers Australia with the status of\nChartered Professional Engineer; or\n(c) in the case of any amusement device or passenger ropeway –\nis determined by the regulator to be a competent person.\n(6) The regulator may, on the application of a person, make a\ndetermination in relation to the person for the purposes of\nsubregulation (5)(c) if the regulator considers that exceptional\ncircumstances exist.\n(7) An annual inspection carried out under and in accordance with an\nequivalent provision of a corresponding WHS law is taken to be an\nannual inspection for the purposes of this regulation.\n","sortOrder":236},{"sectionNumber":"242","sectionType":"section","heading":"Logbook and manuals for amusement devices","content":"242 Logbook and manuals for amusement devices\n(1) The person with management or control of an amusement device at\na workplace, in addition to complying with the record-keeping\nrequirements of regulation 237, must ensure that:\n(a) details of the erection or storage of the amusement device\n(including the date of erection) are recorded in the logbook for\nthe amusement device on each occasion on which it is\nerected or stored; and\n(b) the logbook and operating and maintenance manuals for the\namusement device are kept with the amusement device.\n(2) The person with management or control of an amusement device at\na workplace must ensure that persons involved in the\ncommissioning, installation, use, storage and testing, and the\ndecommissioning, dismantling and disposal, of an amusement\ndevice are given:\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 193\n(a) the logbook for the amusement device in which details\nconcerning erection, storage, operation and maintenance of\nthe amusement device are recorded; and\n(b) the operating and maintenance manuals for the amusement\ndevice.\nNote for regulation 242\nRegulation 237(5) requires the person with management or control of the\namusement device to give the logbook and maintenance records to the person\nbeing supplied with the plant.\nPart 5.3 Registration of plant designs and items of\nNote for Part 5.3\nIn this Part, plant includes a structure (see definition plant in regulation 5(1)).\n","sortOrder":237},{"sectionNumber":"243","sectionType":"section","heading":"Plant design to be registered","content":"243 Plant design to be registered\nThe design of an item of plant specified in Schedule 5, Part 1 must\nbe registered under this Part.\nNote for regulation 243\n","sortOrder":238},{"sectionNumber":"244","sectionType":"section","heading":"Altered plant designs to be registered","content":"244 Altered plant designs to be registered\n(1) If the design of an item of plant specified in Schedule 5, Part 1 that\nis registered under this Part is altered, the altered design must be\nregistered under this Part.\n(2) In this regulation a reference to the alteration of a design is a\nreference to an alteration that may affect health or safety.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 194\n(3) This regulation does not apply in relation to a tower crane or a\ngantry crane if:\n(a) the crane is relocated for use in a different workplace; and\n(b) the design of the supporting structure or foundations of the\ncrane is altered in accordance with a site-specific design\nprepared for the purpose of the safe operation of the crane at\nthe new location; and\n(c) the design of the crane is not altered in any other way.\n","sortOrder":239},{"sectionNumber":"245","sectionType":"section","heading":"Recognition of designs registered by corresponding regulator","content":"245 Recognition of designs registered by corresponding regulator\n(1) A design of an item of plant is not required to be registered under\nthis Part if the design is registered under a corresponding WHS law.\n(2) A design referred to in subregulation (1) that is altered is not\nrequired to be registered under this Part if the altered design is\nregistered by the corresponding regulator that registered the\noriginal design.\nDivision 2 Items of plant to be registered\n","sortOrder":240},{"sectionNumber":"246","sectionType":"section","heading":"Items of plant to be registered","content":"246 Items of plant to be registered\n(1) An item of plant specified in Schedule 5, Part 2 must be registered\nunder this Part.\n(2) The purpose of registering an item of plant is to ensure that it is\ninspected by a competent person and is safe to operate.\n","sortOrder":241},{"sectionNumber":"247","sectionType":"section","heading":"Recognition of plant registered by corresponding regulator","content":"247 Recognition of plant registered by corresponding regulator\nAn item of plant is not required to be registered under this Part if the\nplant is registered under a corresponding WHS law.\n","sortOrder":242},{"sectionNumber":"248","sectionType":"section","heading":"Application of Division 3","content":"248 Application of Division 3\nThis Division applies to the registration of a design of an item of\nplant specified in Schedule 5, Part 1.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 195\n","sortOrder":243},{"sectionNumber":"249","sectionType":"section","heading":"Who can apply to register a plant design","content":"249 Who can apply to register a plant design\n(1) A person conducting a business or undertaking that designs an\nitem of plant may apply to the regulator for the registration of the\ndesign of that item of plant.\n(2) A person with management or control of an item of plant may apply\nto the regulator for the registration of the design of that item of\nplant.\n","sortOrder":244},{"sectionNumber":"250","sectionType":"section","heading":"Application for registration","content":"250 Application for registration\n(1) An application for registration of the design of an item of plant must\nbe made in the manner and form required by the regulator.\n(b) whether or not the applicant is a body corporate;\n(e) a statement signed by the designer of the item of plant:\n(i) stating that the designer has complied with the\ndesigner's obligations under section 22 of the Act in\nrelation to the design; and\n(ii) specifying the published technical standards and\nengineering principles used in the design;\n(f) a design verification statement that accords with\nregulation 251;\n(g) representational drawings of the design;\n(h) a declaration that the applicant does not hold an equivalent\nregistration under a corresponding WHS law.\n(3) Any drawings or other documents provided with the application\nmust be capable of being kept in an electronic form.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 196\n(4) The application must be accompanied by the relevant fee.\n","sortOrder":245},{"sectionNumber":"251","sectionType":"section","heading":"Design verification statement","content":"251 Design verification statement\nThe design verification statement must:\n(a) be written and signed by a person who is eligible to be a\ndesign verifier for the design; and\n(b) state that the design was produced in accordance with\npublished technical standards or engineering principles\nspecified in the statement; and\n(c) include:\n(i) the name, business address and qualifications (if\napplicable) of the design verifier; and\n(ii) if applicable, the name and business address of the\norganisation for which the design verifier works.\n","sortOrder":246},{"sectionNumber":"252","sectionType":"section","heading":"Who can be the design verifier","content":"252 Who can be the design verifier\n(1) A person is eligible to be a design verifier for the design of an item\nof plant if the person is a competent person.\n(2) Despite subregulation (1), a person is not eligible to be a design\nverifier for the design of an item of plant if the person was involved\nin the production of the design.\n","sortOrder":247},{"sectionNumber":"253","sectionType":"section","heading":"Duty of design verifier","content":"253 Duty of design verifier\nA design verifier of the design of an item of plant specified in\nSchedule 5, Part 1 must document the design verification process\ncarried out by that person and the results of that process.\nNote for regulation 253\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 197\n","sortOrder":248},{"sectionNumber":"254","sectionType":"section","heading":"Design verification statements not to be made in certain","content":"254 Design verification statements not to be made in certain\ncircumstances\nA person must not make a design verification statement for the\ndesign of an item of plant specified in Schedule 5, Part 1 if the\nperson:\n(a) is not eligible to be a design verifier for that design; or\n(b) has not carried out a verification of the design.\nNote for regulation 254\n","sortOrder":249},{"sectionNumber":"255","sectionType":"section","heading":"Additional information","content":"255 Additional information\n(1) If an application for registration of a design of an item of plant does\nnot contain enough information to enable the regulator to make a\ndecision whether or not to grant the registration, the regulator may\nask the applicant to provide additional information.\n","sortOrder":250},{"sectionNumber":"256","sectionType":"section","heading":"Decision on application","content":"256 Decision on application\n(1) Subject to subregulation (3), the regulator must grant the\nregistration if satisfied about the matters referred to in\nDivision;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 198\n(b) the design is not registered under a corresponding WHS law;\n(c) if the applicant is an individual, the applicant:\n(d) if the applicant is a body corporate, the applicant's registered\n(e) the applicant is able to ensure compliance with any conditions\nthat will apply to the registration.\n(3) The regulator must refuse to grant a registration if satisfied that, in\nmaking the application, the applicant has:\n(4) If the regulator decides to grant the registration, it must notify the\nunder regulation 255, the regulator is taken to have refused to grant\nthe registration applied for.\nNote for regulation 256\nA refusal to grant a registration (including under subregulation (5)) is a\n","sortOrder":251},{"sectionNumber":"257","sectionType":"section","heading":"Refusal of registration – process","content":"257 Refusal of registration – process\n(1) If the regulator proposes to refuse to grant a registration, the\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 199\nproposed refusal to grant the registration – consider that\nwhether to grant or refuse to grant the registration; and\nNote for regulation 257\nA refusal to grant a registration is a reviewable decision (see regulation 676).\n","sortOrder":252},{"sectionNumber":"258","sectionType":"section","heading":"Conditions of registration","content":"258 Conditions of registration\non the registration of a plant design.\n(a) the use and maintenance of plant manufactured to the design;\n(c) the provision of information to the regulator.\nNotes for regulation 258\n1 A person must comply with the conditions of registration (see section 45 of\n2 A decision to impose a condition on a registration is a reviewable decision\n259 Duration of registration of plant design\nA registration of a plant design takes effect on the day it is granted\nand is granted for an unlimited duration.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 200\n","sortOrder":253},{"sectionNumber":"260","sectionType":"section","heading":"Plant design registration number","content":"260 Plant design registration number\n(1) This regulation applies if the regulator registers a design of an item\nof plant.\n(2) The regulator must issue a plant design registration number for the\ndesign to the applicant.\n(3) The person to whom the plant design registration number is issued\nmust give the registration number to the manufacturer, importer or\nsupplier of plant manufactured to that design.\n(4) The manufacturer, supplier or importer of plant to whom a plant\ndesign registration number is given under this regulation must give\nthat number to the person with management or control of the plant:\n(a) manufactured to that design; or\n(b) supplied to that person by the manufacturer, supplier or\nimporter.\n(5) The person with management or control of plant at a workplace for\nwhich a plant design is registered must ensure that the design\nregistration number is kept readily accessible in the vicinity of the\nplant at all times.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 201\n","sortOrder":254},{"sectionNumber":"261","sectionType":"section","heading":"Registration document","content":"261 Registration document\n(1) If the regulator registers a design of an item of plant, the regulator\nmust issue to the applicant a registration document in the form\n(2) The registration document must include the following:\n(a) the name of the registration holder;\n(b) if the registration holder conducts the business or undertaking\nunder a business name, that business name;\n(c) the registration number of the plant design;\n(d) any conditions imposed on the registration by the regulator;\n(e) the date on which the registration was granted.\n","sortOrder":255},{"sectionNumber":"262","sectionType":"section","heading":"Registration document to be available","content":"262 Registration document to be available\n(1) A registration holder must keep the registration document available\nfor inspection under the Act.\n(2) Subregulation (1) does not apply if the registration document is not\nin the registration holder's possession because:\n(a) it has been returned to the regulator under regulation 287; or\n(b) the registration holder has applied for, but has not received, a\nreplacement registration document under regulation 288.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 202\n","sortOrder":256},{"sectionNumber":"263","sectionType":"section","heading":"Disclosure of design information","content":"263 Disclosure of design information\n(1) Subject to this regulation, the regulator must not disclose to any\nperson any confidential information provided by an applicant for\nregistration of a design of an item of plant.\n(2) The regulator may disclose information about a plant design in\neither of the following circumstances:\n(a) to a corresponding regulator or an authorised officer of a\ncorresponding regulator, at the request of the corresponding\n(b) to any person authorised by the applicant for the registration\nof the design.\n(3) The regulator may give a copy of the design verification statement\nto:\n(a) workers engaged by the person with management or control\nat a workplace of plant manufactured to the design; or\n(b) a health and safety representative of those workers.\n(4) The regulator may provide the person with management or control\nof plant with the minimum information about the plant design that is\nnecessary for the safe operation of the plant if the registration\nholder for the design of the plant cannot be located or no longer\nexists.\n","sortOrder":257},{"sectionNumber":"264","sectionType":"section","heading":"Application of Division 4","content":"264 Application of Division 4\nThis Division applies in relation to the registration of an item of plant\nspecified in Schedule 5, Part 2 as requiring registration.\n","sortOrder":258},{"sectionNumber":"265","sectionType":"section","heading":"Who can apply to register an item of plant","content":"265 Who can apply to register an item of plant\nA person with management or control of an item of plant may apply\nto the regulator for the registration of that item of plant.\n","sortOrder":259},{"sectionNumber":"266","sectionType":"section","heading":"Application for registration","content":"266 Application for registration\n(1) An application for registration of an item of plant must be made in\nthe manner and form required by the regulator.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 203\n(b) whether or not the applicant is a body corporate;\n(e) sufficient information to clearly identify the item of plant;\n(g) if the design of the item of plant was also required to be\nregistered under this Part, details of:\n(i) the plant design registration number; and\n(ii) the regulator or corresponding regulator that registered\nthe design;\n(h) a statement that the item of plant has been inspected by a\ncompetent person and assessed by that person as being safe\nto operate;\n(i) the date that the item of plant was first commissioned or was\nfirst registered, if known, whichever occurred first;\n(j) a declaration that the applicant does not hold an equivalent\nregistration under a corresponding WHS law.\n","sortOrder":260},{"sectionNumber":"267","sectionType":"section","heading":"When is a person competent to inspect plant","content":"267 When is a person competent to inspect plant\nA person is a competent person to inspect an item of plant for\nregistration if the person has:\n(a) educational or vocational qualifications in an engineering\ndiscipline relevant to the plant to be inspected; or\n(b) knowledge of the technical standards relevant to the plant to\nbe inspected.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 204\n","sortOrder":261},{"sectionNumber":"268","sectionType":"section","heading":"Additional information","content":"268 Additional information\n(1) If an application for registration of an item of plant does not contain\nenough information to enable the regulator to make a decision\nwhether or not to grant the registration, the regulator may ask the\napplicant to provide additional information.\n","sortOrder":262},{"sectionNumber":"269","sectionType":"section","heading":"Decision on application","content":"269 Decision on application\n(1) Subject to subregulation (3), the regulator must grant the\nregistration if satisfied about the matters referred to in\nDivision;\n(b) the item of plant is not registered under a corresponding WHS\nlaw;\n(c) the item of plant is:\n(i) located in the Territory; or\n(ii) located outside the Territory and circumstances exist\n(d) if the applicant is an individual, the applicant:\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 205\n(e) if the applicant is a body corporate, the applicant's registered\n(f) the applicant is able to ensure compliance with any conditions\nthat will apply to the registration.\n(3) The regulator must refuse to grant a registration if satisfied that, in\nmaking the application, the applicant has:\n(4) If the regulator decides to grant the registration, it must notify the\nreceiving the application or additional information requested under\nregulation 268, the regulator is taken to have refused to grant the\nregistration applied for.\nNote for regulation 269\nA refusal to grant a registration (including under subregulation (5)) is a\n","sortOrder":263},{"sectionNumber":"270","sectionType":"section","heading":"Refusal of registration – process","content":"270 Refusal of registration – process\n(1) If the regulator proposes to refuse to grant a registration, the\ndate, (being not less than 28 days after giving the notice)\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 206\nproposed refusal to grant the registration – consider that\nwhether to grant or refuse to grant the registration; and\nNote for regulation 270\nA refusal to grant a registration is a reviewable decision (see regulation 676).\n","sortOrder":264},{"sectionNumber":"271","sectionType":"section","heading":"Conditions of registration","content":"271 Conditions of registration\non the registration of an item of plant.\n(a) the use and maintenance of the item of plant;\n(c) the provision of information to the regulator.\nNotes for regulation 271\n1 A person must comply with the conditions of registration (see section 45 of\n2 A decision to impose a condition on a registration is a reviewable decision\n272 Duration of registration\nA registration of an item of plant takes effect on the day it is granted\nand expires 5 years after that day.\n","sortOrder":265},{"sectionNumber":"273","sectionType":"section","heading":"Plant registration number","content":"273 Plant registration number\n(1) This regulation applies if the regulator registers an item of plant.\n(2) The regulator must issue a plant registration number for the plant to\nthe registration holder within 14 days after that registration.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 207\n(3) The registration holder must give the plant registration number to\nthe person with management or control of the plant at a workplace\nas soon as practicable after being issued with the number under\n(4) The person with management or control of the plant at a workplace\nmust ensure that the plant registration number is marked on the\nitem of plant.\n","sortOrder":266},{"sectionNumber":"274","sectionType":"section","heading":"Registration document","content":"274 Registration document\n(1) If the regulator registers an item of plant, the regulator must issue to\nthe applicant within 14 days a registration document in the form\n(2) The registration document must include the following:\n(a) the name of the registration holder;\n(b) if the registration holder conducts the business or undertaking\nunder a business name, that business name;\n(c) the registration number for the item of plant;\n(d) any conditions imposed on the registration by the regulator;\n(e) the date on which the plant was first commissioned or first\nregistered, whichever occurred first;\n(f) the date on which the registration was granted;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 208\n(g) the expiry date of the registration.\n","sortOrder":267},{"sectionNumber":"275","sectionType":"section","heading":"Registration document to be available","content":"275 Registration document to be available\n(1) The holder of the registration of an item of plant must keep the\nregistration document available for inspection under the Act.\n(2) Subregulation (1) does not apply if the registration document is not\nin the registration holder's possession because:\n(a) it has been returned to the regulator under regulation 287; or\n(b) the registration holder has applied for, but has not received, a\nreplacement registration document under regulation 288.\n","sortOrder":268},{"sectionNumber":"276","sectionType":"section","heading":"Regulator may renew registration","content":"276 Regulator may renew registration\nThe regulator may, on application, renew the registration of an item\nof plant.\n","sortOrder":269},{"sectionNumber":"277","sectionType":"section","heading":"Application for renewal","content":"277 Application for renewal\n(1) An application for renewal of a registration of an item of plant must\nbe made in the manner and form required by the regulator.\n(b) any evidence of identity required by the regulator;\nbusiness name, that business name and a certificate or other\n(d) the registration number of the item of plant;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 209\n(e) a declaration that the item of plant has been maintained,\ninspected and tested in accordance with regulation 213.\n(4) The application must be made before the expiry of the registration.\n","sortOrder":270},{"sectionNumber":"278","sectionType":"section","heading":"Registration continues in force until application is decided","content":"278 Registration continues in force until application is decided\nIf a registration holder applies under regulation 277 for the renewal\nof a registration, the registration is taken to continue in force from\nthe day it would, apart from this regulation, have ended until the\nregistration holder is given notice of the decision on the application.\n","sortOrder":271},{"sectionNumber":"279","sectionType":"section","heading":"Decision on application","content":"279 Decision on application\n(1) The regulator must renew the registration of an item of plant if the\nregulator is satisfied that:\n(a) the application for renewal has been made in accordance with\nthis Division; and\n(b) the plant has been maintained, inspected and tested in\naccordance with regulation 213.\n(2) For the purposes of this Division:\n(a) regulation 268 applies as if a reference in that regulation to an\napplication for registration were a reference to an application\nto renew registration; and\n(b) regulations 269 (except subregulation (5)), 271 and 272 apply\nas if a reference in those regulations to the grant of a\nregistration were a reference to the renewal of a registration;\nand\n(c) regulation 270 applies as if a reference in that regulation to a\nrefusal to grant a registration were a reference to a refusal to\nrenew a registration.\nNote for regulation 279\nA refusal to renew a registration is a reviewable decision (see regulation 676).\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 210\n","sortOrder":272},{"sectionNumber":"280","sectionType":"section","heading":"Status of registration during review","content":"280 Status of registration during review\n(1) If the regulator gives the registration holder written notice of a\ndecision to refuse to renew the registration, the registration\ncontinues to have effect in accordance with this regulation.\n(2) If the registration holder does not apply for internal review, the\nregistration continues to have effect until the last of the following\n(a) the expiry of the registration;\n(b) the end of the period for applying for an internal review.\n(3) If the registration holder applies for an internal review, the\nregistration continues to have effect until the earlier of the following\n(a) the registration holder withdraws the application for review;\n(4) If the registration holder does not apply for an external review, the\nregistration continues to have effect until the end of the time for\n(5) If the registration holder applies for an external review, the\nregistration continues to have effect until the earlier of the following\n(a) the registration holder withdraws the application for review;\n(6) The registration continues to have effect under this regulation even\nif its expiry date passes.\nDivision 5 Changes to registration and registration\ndocuments\n","sortOrder":273},{"sectionNumber":"281","sectionType":"section","heading":"Application of Division","content":"281 Application of Division\nThis Division applies to:\n(a) the registration of a design of an item of plant; and\n(b) the registration of an item of plant.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 211\n","sortOrder":274},{"sectionNumber":"282","sectionType":"section","heading":"Changes to information","content":"282 Changes to information\n(1) A registration holder must give the regulator written notice of any\nchange to:\n(a) the registration holder's name; or\n(b) any of the information referred to in regulation 250, 255(1),\n266 or 268(1) within 14 days after the registration holder\nbecomes aware of the change.\napplication for grant of the registration or in any other circumstance.\n(3) Without limiting subregulation (1), a registration holder for an item\nof plant must give written notice to the regulator if:\n(a) the item of plant is altered to an extent or in a way that\nrequires the plant to be subject to new control measures; or\n(b) the item of plant is usually fixed and is relocated; or\n(c) the registration holder no longer has management or control of\nthe item of plant.\n","sortOrder":275},{"sectionNumber":"283","sectionType":"section","heading":"Amendment of registration imposed by regulator","content":"283 Amendment of registration imposed by regulator\n(1) The regulator may, on its own initiative, amend a registration,\nincluding by amending the registration to:\n(a) vary or delete a condition of the registration; or\n(b) impose a new condition on the registration.\n(2) Before amending a registration, the regulator must give the\nregistration holder written notice:\nand\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 212\n(b) advising the registration holder that the registration holder may\namendment within a specified period (being not less than\n28 days from the date of the notice).\nthe proposed amendment – consider that submission; and\n(b) whether or not the registration holder has made a\nsubmission – decide:\nconsideration of any submission made by the\nregistration holder; and\n(i) sets out the amendment, if any, or states that no\namendment is to be made; and\n(iii) specifies the date (being not less than the 28 days after\nthe registration holder is given the notice) on which the\namendment, if any, takes effect.\nNote for regulation 283\nA decision to amend a registration is a reviewable decision (see regulation 676).\n","sortOrder":276},{"sectionNumber":"284","sectionType":"section","heading":"Amendment on application by registration holder","content":"284 Amendment on application by registration holder\n(1) The regulator, on application by the registration holder, may amend\na registration, including by amending the registration to vary or\ndelete a condition of the registration.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 213\n(2) If the regulator proposes to refuse to amend the registration, the\nregulator must give the registration holder a written notice:\n(a) informing the registration holder of the proposed refusal to\namend the registration and the reasons for the proposed\n(b) advising the registration holder that the registration holder\nmay, by a specified date (being not less than 28 days after\ngiving the notice), make a submission to the regulator in\nrelation to the proposed refusal.\nthe proposed refusal – consider that submission; and\n(b) whether or not the registration holder has made a\nsubmission – decide:\nconsideration of any submission made by the\nregistration holder; and\nholder written notice of the decision in accordance with this\nsubregulation (3)(c) must specify the date (being not less than\n28 days after the registration holder is given the notice) on which\nthe amendment takes effect.\n(5) If the regulator refuses to make the amendment or makes a\ndifferent amendment, the notice under subregulation (3)(c) must:\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 214\nlicence holder is given the notice) on which the\nNote for regulation 284\n","sortOrder":277},{"sectionNumber":"285","sectionType":"section","heading":"Minor corrections to registration","content":"285 Minor corrections to registration\nThe regulator may make minor amendments to a registration,\nincluding an amendment:\n(c) that does not impose a significant burden on the registration\n","sortOrder":278},{"sectionNumber":"286","sectionType":"section","heading":"Regulator to give amended registration document","content":"286 Regulator to give amended registration document\nIf the regulator amends a registration and considers that the\nregistration document requires amendment, the regulator must give\nthe registration holder an amended registration document within\n14 days after making the decision to amend the registration.\n","sortOrder":279},{"sectionNumber":"287","sectionType":"section","heading":"Registration holder to return registration document","content":"287 Registration holder to return registration document\nA registration holder must return the registration document to the\nregulator for amendment at the written request of the regulator\nwithin the time specified in the request.\nNote for regulation 287\n","sortOrder":280},{"sectionNumber":"288","sectionType":"section","heading":"Replacement registration document","content":"288 Replacement registration document\n(1) A registration holder must notify the regulator as soon as\npracticable if the registration document is lost, stolen or destroyed.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 215\n(2) If a registration document is lost, stolen or destroyed, the\nregistration holder may apply to the regulator for a replacement\nA registration holder is required to keep a registration document available for\ninspection (see regulation 275).\n(3) An application for a replacement registration document must be\n(5) The regulator must issue a replacement registration document if\n(6) If the regulator refuses to issue a replacement registration\ndocument, it must give the registration holder written notice of this\ndecision, including the reasons for the decision within 14 days of\nNote for regulation 288\nA refusal to issue a replacement registration document is a reviewable decision\n","sortOrder":281},{"sectionNumber":"288A","sectionType":"section","heading":"Application of Division","content":"288A Application of Division\nThis Division applies to:\n(a) the registration of a design of an item of plant; and\n(b) the registration of an item of plant.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 216\n","sortOrder":282},{"sectionNumber":"288B","sectionType":"section","heading":"Regulator may cancel registration","content":"288B Regulator may cancel registration\nThe regulator may cancel a registration if satisfied that:\n(a) the registration holder, in applying for the registration:\nbeen given; or\n(b) the design of the item of plant, or the item of plant (as\napplicable), is unsafe.\nNote for regulation 288B\nA decision to cancel a registration is a reviewable decision (see regulation 676).\n","sortOrder":283},{"sectionNumber":"288C","sectionType":"section","heading":"Cancellation process","content":"288C Cancellation process\n(1) Before cancelling a registration, the regulator must give the\nregistration holder written notice:\n(a) setting out the proposal to cancel the registration and the\nreasons for it; and\n(b) advising the registration holder that the registration holder may\ncancellation within a specified period (being not less than\n28 days from the date of the notice).\nthe proposed cancellation – consider that submission; and\n(b) whether or not the registration holder has made a submission,\n(i) to cancel the registration; or\n(ii) not to cancel the registration; and\n(i) states whether or not the registration is cancelled; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 217\ncancellation – sets out the regulator's reasons for\ncancelling the registration; and\n(iii) specifies the date on which the cancellation, if any, takes\neffect.\n","sortOrder":284},{"sectionNumber":"288D","sectionType":"section","heading":"Registration holder to return registration document","content":"288D Registration holder to return registration document\nA registration holder who receives a cancellation notice under\nregulation 288C must return the registration document to the\nregulator at the written request of the regulator within the time\nspecified in the request.\nNote for regulation 288D\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 218\n","sortOrder":285},{"sectionNumber":"289","sectionType":"section","heading":"Meaning of construction work","content":"289 Meaning of construction work\nconstruction work means any work carried out in connection with\nthe construction, alteration, conversion, fitting-out, commissioning,\nrenovation, repair, maintenance, refurbishment, demolition,\ndecommissioning or dismantling of a structure.\n(2) Without limiting subregulation (1), construction work includes the\n(a) any installation or testing carried out in connection with an\nactivity referred to in subregulation (1);\n(b) the removal from the workplace of any product or waste\nresulting from demolition;\n(c) the prefabrication or testing of elements, at a place specifically\nestablished for the construction work, for use in construction\nwork;\n(d) the assembly of prefabricated elements to form a structure, or\nthe disassembly of prefabricated elements forming part of a\nstructure;\n(e) the installation, testing or maintenance of an essential service\nin relation to a structure;\n(f) any work connected with an excavation;\n(g) any work connected with any preparatory work or site\npreparation (including landscaping as part of site preparation)\ncarried out in connection with an activity referred to in\nsubregulation (1);\n(h) an activity referred to in subregulation (1), that is carried out\non, under or near water, including work on buoys and\nobstructions to navigation.\n(3) In this Chapter, construction work does not include any of the\n(a) the manufacture of plant;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 219\n(b) the prefabrication of elements, other than at a place\nspecifically established for the construction work, for use in\nconstruction work;\n(c) the construction or assembly of a structure that once\nconstructed or assembled is intended to be transported to\nanother place;\n(d) testing, maintenance or repair work of a minor nature carried\nout in connection with a structure;\n(e) mining or the exploration for or extraction of minerals.\n","sortOrder":286},{"sectionNumber":"290","sectionType":"section","heading":"Meaning of structure","content":"290 Meaning of structure\nstructure has the same meaning as it has in the Act.\nExamples for definition structure\n1 A roadway or pathway.\n2 A ship or submarine.\n3 Foundations, earth retention works and other earthworks, including river\nworks and sea defence works.\n4 Formwork, falsework or any other structure designed or used to provide\nsupport, access or containment during construction work.\n5 An airfield.\n6 A dock, harbour, channel, bridge, viaduct, lagoon or dam.\n7 A sewer or sewerage or drainage works.\n(2) This Chapter does not apply to plant unless:\n(a) the plant is:\n(i) a ship or submarine; or\n(ii) a pipe or pipeline; or\n(iii) an underground tank; or\n(iv) designed or used to provide support, access or\ncontainment during work in connection with construction\nwork; or\n(b) work on the plant relates to work that is carried out in\nconnection with construction work; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 220\n(c) the plant is fixed plant on which outage work or overhaul work\nthat involves or may involve work being carried out by 5 or\nmore persons conducting businesses or undertakings at any\npoint in time.\nNote for regulation 290\nThis Chapter does not apply to the manufacture of plant (see\nregulation 289(3)(a)).\n","sortOrder":287},{"sectionNumber":"291","sectionType":"section","heading":"Meaning of high risk construction work","content":"291 Meaning of high risk construction work\nhigh risk construction work means construction work that:\n(a) involves a risk of a person falling more than 2 m; or\n(b) is carried out on a telecommunication tower; or\n(c) involves demolition of an element of a structure that is\nload-bearing or otherwise related to the physical integrity of\nthe structure; or\n(d) involves, or is likely to involve, the disturbance of asbestos; or\n(e) involves structural alterations or repairs that require temporary\nsupport to prevent collapse; or\n(f) is carried out in or near a confined space; or\n(g) is carried out in or near:\n(i) a shaft or trench with an excavated depth greater\nthan 1.5 m; or\n(ii) a tunnel; or\n(h) involves the use of explosives; or\n(i) is carried out on or near pressurised gas distribution mains or\npiping; or\n(j) is carried out on or near chemical, fuel or refrigerant lines; or\n(k) is carried out on or near energised electrical installations or\nservices; or\n(l) is carried out in an area that may have a contaminated or\nflammable atmosphere; or\n(m) involves tilt-up or precast concrete; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 221\n(n) is carried out on, in or adjacent to a road, railway, shipping\nlane or other traffic corridor that is in use by traffic other than\npedestrians; or\n(o) is carried out in an area at a workplace in which there is any\nmovement of powered mobile plant; or\n(p) is carried out in an area in which there are artificial extremes\nof temperature; or\n(q) is carried out in or near water or other liquid that involves a\nrisk of drowning; or\n(r) involves diving work.\n","sortOrder":288},{"sectionNumber":"292","sectionType":"section","heading":"Meaning of construction project","content":"292 Meaning of construction project\nIn this Chapter, a construction project is a project that involves\nconstruction work where the cost of the construction work is $500\n000 or more.\n","sortOrder":289},{"sectionNumber":"293","sectionType":"section","heading":"Meaning of principal contractor","content":"293 Meaning of principal contractor\n(1) In this Chapter, a person conducting a business or undertaking that\ncommissions a construction project is, subject to this regulation, the\nprincipal contractor for the project.\n(2) If the person referred to in subregulation (1) engages another\nperson conducting a business or undertaking as principal contractor\nfor the construction project and authorises the person to have\nmanagement or control of the workplace and to discharge the\nduties of a principal contractor under this Chapter, the person so\nengaged is the principal contractor for the project.\n(3) If the owner of residential premises is an individual who directly or\nindirectly engages a person conducting a business or undertaking\nto undertake a construction project in relation to the premises, the\nperson so engaged is the principal contractor for the project if the\nperson has management or control of the workplace.\n(4) A construction project has only 1 principal contractor at any specific\ntime.\nNote for regulation 293\nA person with management or control of a workplace must comply with\nsection 20 of the Act.\n\n","sortOrder":290},{"sectionNumber":"Part 6","sectionType":"part","heading":"2 Duties of designer of structure and person who commissions construction","content":"Part 6.2 Duties of designer of structure and person who commissions construction\nwork\nWork Health and Safety (National Uniform Legislation) Regulations 2011 222\nPart 6.2 Duties of designer of structure and person who\ncommissions construction work\n","sortOrder":291},{"sectionNumber":"294","sectionType":"section","heading":"Person who commissions work must consult with designer","content":"294 Person who commissions work must consult with designer\n(1) A person conducting a business or undertaking that commissions\nconstruction work in relation to a structure must, so far as is\nreasonably practicable, consult with the designer of the whole or\nany part of the structure about how to ensure that risks to health\nand safety arising from the design during the construction work are:\n(a) eliminated, so far as is reasonably practicable; or\n(b) if it is not reasonably practicable to eliminate the risks,\n(2) Consultation must include giving the designer any information that\nthe person who commissions the construction work has in relation\nto the hazards and risks at the workplace where the construction\nwork is to be carried out.\n","sortOrder":292},{"sectionNumber":"295","sectionType":"section","heading":"Designer must give safety report to person who commissions","content":"295 Designer must give safety report to person who commissions\n(1) The designer of a structure or any part of a structure that is to be\nconstructed must give the person conducting a business or\nundertaking who commissioned the design a written report that\nspecifies the hazards relating to the design of the structure that, so\nfar as the designer is reasonably aware:\n(a) create a risk to the health or safety of persons who are to\ncarry out any construction work on the structure or part; and\n(b) are associated only with the particular design and not with\nother designs of the same type of structure.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 223\n(2) If the person conducting a business or undertaking who\ncommissions a construction project did not commission the design\nof the construction project, the person must take all reasonable\nsteps to obtain a copy of the written report referred to in\nsubregulation (1) in relation to that design.\n","sortOrder":293},{"sectionNumber":"296","sectionType":"section","heading":"Person who commissions project must give information to","content":"296 Person who commissions project must give information to\nprincipal contractor\nIf a person conducting a business or undertaking that commissions\na construction project engages a principal contractor for the project,\nthe person must give the principal contractor any information the\nperson has in relation to hazards and risks at or in the vicinity of the\nworkplace where the construction work is to be carried out.\nNote for regulation 296\nPart 6.3 Duties of person conducting business or\nNote for Part 6.3\nAs a principal contractor is a person conducting a business or undertaking, this\nPart also applies to a principal contractor.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 224\n","sortOrder":294},{"sectionNumber":"297","sectionType":"section","heading":"Management of risks to health and safety","content":"297 Management of risks to health and safety\nA person conducting a business or undertaking must manage risks\nassociated with the carrying out of construction work in accordance\nwith Part 3.1.\nNote for regulation 297\n","sortOrder":295},{"sectionNumber":"298","sectionType":"section","heading":"Security of workplace","content":"298 Security of workplace\n(1) A person with management or control of a workplace at which\nconstruction work is carried out must ensure, so far as is\nreasonably practicable, that the workplace is secured from\nunauthorised access.\n(2) In complying with subregulation (1), the person must have regard to\nall relevant matters, including:\n(a) risks to health and safety arising from unauthorised access to\nthe workplace; and\n(b) the likelihood of unauthorised access occurring; and\n(c) to the extent that unauthorised access to the workplace\ncannot be prevented – how to isolate hazards within the\nExample for subregulation (2)(b)\nThe proximity of the workplace to places frequented by children, including\nschools, parks and shopping precincts.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 225\nDivision 2 High risk construction work – safe work method\nstatements\n","sortOrder":296},{"sectionNumber":"299","sectionType":"section","heading":"Safe work method statement required for high risk","content":"299 Safe work method statement required for high risk\nconstruction work\n(1) A person conducting a business or undertaking that includes the\ncarrying out of high risk construction work must, before high risk\nconstruction work commences, ensure that a safe work method\nstatement for the proposed work:\n(a) is prepared; or\n(b) has already been prepared by another person.\n(2) A safe work method statement must:\n(a) identify the work that is high risk construction work; and\n(b) specify hazards relating to the high risk construction work and\nrisks to health and safety associated with those hazards; and\n(c) describe the measures to be implemented to control the risks;\nand\n(d) describe how the control measures are to be implemented,\nmonitored and reviewed.\n(3) A safe work method statement must:\n(a) be prepared taking into account all relevant matters, including:\n(i) circumstances at the workplace that may affect the way\nin which the high risk construction work is carried out;\nand\n(ii) if the high risk construction work is carried out in\nconnection with a construction project – the WHS\nmanagement plan that has been prepared for the\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 226\n(b) be set out and expressed in a way that is readily accessible\nand understandable to persons who use it.\n","sortOrder":297},{"sectionNumber":"300","sectionType":"section","heading":"Compliance with safe work method statement","content":"300 Compliance with safe work method statement\n(1) A person conducting a business or undertaking that includes the\ncarrying out of high risk construction work must put in place\narrangements for ensuring that high risk construction work is\ncarried out in accordance with the safe work method statement for\nthe work.\n(2) If high risk construction work is not carried out in accordance with\nthe safe work method statement for the work, the person must\nensure that the work:\n(a) is stopped immediately or as soon as it is safe to do so; and\n(b) resumed only in accordance with the statement.\n","sortOrder":298},{"sectionNumber":"301","sectionType":"section","heading":"Safe work method statement – copy to be given to principal","content":"301 Safe work method statement – copy to be given to principal\ncontractor\nA person conducting a business or undertaking that includes\ncarrying out high risk construction work in connection with a\nconstruction project must, before the high risk construction work\ncommences, ensure that a copy of the safe work method statement\nfor the work is given to the principal contractor.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 227\nNote for regulation 301\n","sortOrder":299},{"sectionNumber":"302","sectionType":"section","heading":"Review of safe work method statement","content":"302 Review of safe work method statement\nA person conducting a business or undertaking must ensure that a\nsafe work method statement is reviewed and as necessary revised\nif relevant control measures are revised under regulation 38.\nNote for regulation 302\n","sortOrder":300},{"sectionNumber":"303","sectionType":"section","heading":"Safe work method statement must be kept","content":"303 Safe work method statement must be kept\n(1) Subject to subregulation (2), a person conducting a business or\nundertaking must keep a copy of the safe work method statement\nuntil the high risk construction work to which it relates is completed.\n(2) If a notifiable incident occurs in connection with the high risk\nconstruction work to which the statement relates, the person must\nkeep the statement for at least 2 years after the incident occurs.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 228\n(3) The person must ensure that for the period for which the statement\nmust be kept under this regulation, a copy is readily accessible to\nany worker engaged by the person to carry out the high risk\nconstruction work.\n(4) The person must ensure that for the period for which the statement\nmust be kept under this regulation, a copy is available for inspection\nunder the Act.\n","sortOrder":301},{"sectionNumber":"304","sectionType":"section","heading":"Excavation work – underground essential services information","content":"304 Excavation work – underground essential services information\n(1) This regulation applies in relation to a part of a workplace where\nexcavation work is being carried out and any adjacent areas.\n(2) A person with management or control of the workplace must take\nall reasonable steps to obtain current underground essential\nservices information about the areas referred to in subregulation (1)\nbefore directing or allowing the excavation work to commence.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 229\n(3) The person with management or control of the workplace must\nprovide the information obtained under subregulation (2) to any\nperson engaged by the person to carry out the excavation work.\n(4) The person with management or control of the workplace and any\nperson conducting a business or undertaking who is given\ninformation under subregulation (3) must have regard to the\ninformation referred to in subregulation (2) in carrying out or\ndirecting or allowing the carrying out of the excavation work.\nNotes for subregulation (4)\n2 Legislation relating to the essential services may also impose duties on\nthe person conducting the business or undertaking and the persons\ncarrying out the work.\n(5) The person with control or management of the workplace must\nensure that the information referred to in subregulation (2) is\navailable for inspection under the Act for the period specified in\nsubregulation (6).\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 230\n(6) The information must be available:\n(a) if a notifiable incident occurs in connection with the excavation\nwork to which the information relates – for at least 2 years\nafter the incident occurs; and\n(b) in every other case – until the excavation work is completed.\n(7) In this regulation:\nunderground essential services means essential services that\nuse pipes, cables or other associated plant located underground.\nunderground essential services information, in relation to\nproposed excavation work, means the following information about\nunderground essential services that may be affected by the\nexcavation:\n(a) the essential services that may be affected;\n(b) the location, including the depth, of any pipes, cables or other\nplant associated with the affected essential services;\n(c) any conditions on the proposed excavation work.\n","sortOrder":302},{"sectionNumber":"305","sectionType":"section","heading":"Management of risks to health and safety associated with","content":"305 Management of risks to health and safety associated with\nexcavation work\nto health and safety associated with excavation work, in\naccordance with Part 3.1.\n(2) The risks this regulation applies to include the following:\n(a) a person falling into an excavation;\n(b) a person being trapped by the collapse of an excavation;\n(c) a person working in an excavation being struck by a falling\nthing;\n(d) a person working in an excavation being exposed to an\nairborne contaminant.\n(3) In complying with subregulation (1), the person must have regard to\nall relevant matters, including the following:\n(a) the nature of the excavation;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 231\n(b) the nature of the excavation work, including the range of\npossible methods of carrying out the work;\n(c) the means of entry into and exit from the excavation, if\napplicable.\n","sortOrder":303},{"sectionNumber":"306","sectionType":"section","heading":"Additional controls – trenches","content":"306 Additional controls – trenches\n(1) A person conducting a business or undertaking, who proposes to\nexcavate a trench at least 1.5 m deep must ensure, so far as is\nreasonably practicable, that the work area is secured from\nunauthorised access (including inadvertent entry).\n(2) In complying with subregulation (1), the person must have regard to\nall relevant matters, including:\n(a) risks to health and safety arising from unauthorised access to\nthe work area; and\n(b) the likelihood of unauthorised access occurring.\n(3) In addition, the person must minimise the risk to any person arising\nfrom the collapse of the trench by ensuring that all sides of the\ntrench are adequately supported by doing one or more of the\n(a) shoring by shielding or other comparable means;\n(b) benching;\n(c) battering.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 232\n(4) Subregulation (3) does not apply if the person receives written\nadvice from a geotechnical engineer that all sides of the trench are\nsafe from collapse.\n(5) An advice under subregulation (4):\n(a) may be subject to a condition that specified natural\noccurrences may create a risk of collapse; and\n(b) must state the period of time to which the advice applies.\n","sortOrder":304},{"sectionNumber":"307","sectionType":"section","heading":"Application of Part 6.4","content":"307 Application of Part 6.4\nThis Part:\n(a) applies in relation to a construction project; and\n(b) imposes duties on the principal contractor for the project that\nare additional to the duties imposed under Part 6.3.\nNote for regulation 307\nAs a principal contractor has management or control of a workplace, the principal\ncontractor is also subject to duties imposed by the Act and these Regulations on\na person with management or control of a workplace.\n","sortOrder":305},{"sectionNumber":"308","sectionType":"section","heading":"Specific control measure – signage identifying principal","content":"308 Specific control measure – signage identifying principal\ncontractor\nThe principal contractor for a construction project must ensure that\nsigns are installed, that:\n(a) show the principal contractor's name and telephone contact\nnumbers (including an after hours telephone number); and\n(b) show the location of the site office for the project, if any; and\n(c) are clearly visible from outside the workplace, or the work area\nof the workplace, where the construction project is being\nundertaken.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 233\nNote for regulation 308\n","sortOrder":306},{"sectionNumber":"309","sectionType":"section","heading":"WHS management plan – preparation","content":"309 WHS management plan – preparation\n(1) The principal contractor for a construction project must prepare a\nwritten WHS management plan for the workplace before work on\nthe project commences.\n(2) A WHS management plan must include the following:\n(a) the names, positions and health and safety responsibilities of\nall persons at the workplace whose positions or roles involve\nspecific health and safety responsibilities in connection with\nthe project;\n(b) the arrangements in place, between any persons conducting a\nbusiness or undertaking at the workplace where the\nconstruction project is being undertaken, for consultation,\ncooperation and the coordination of activities in relation to\ncompliance with their duties under the Act and these\n(c) the arrangements in place for managing any work health and\nsafety incidents that occur;\n(d) any site-specific health and safety rules, and the\narrangements for ensuring that all persons at the workplace\nare informed of these rules;\n(e) the arrangements for the collection and any assessment,\nmonitoring and review of safe work method statements at the\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 234\n","sortOrder":307},{"sectionNumber":"310","sectionType":"section","heading":"WHS management plan – duty to inform","content":"310 WHS management plan – duty to inform\nThe principal contractor for a construction project must ensure, so\nfar as is reasonably practicable, that each person who is to carry\nout construction work in connection with the project is, before\ncommencing work, made aware of:\n(a) the content of the WHS management plan for the workplace;\nand\n(b) the person's right to inspect the WHS management plan under\nregulation 313.\nNote for regulation 310\n","sortOrder":308},{"sectionNumber":"311","sectionType":"section","heading":"WHS management plan – review","content":"311 WHS management plan – review\n(1) The principal contractor for a construction project must review and\nas necessary revise the WHS management plan to ensure that it\nremains up-to-date.\n(2) The principal contractor for a construction project must ensure, so\nfar as is reasonably practicable, that each person carrying out\nconstruction work in connection with the project is made aware of\nany revision to the WHS management plan.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 235\n","sortOrder":309},{"sectionNumber":"312","sectionType":"section","heading":"High risk construction work – safe work method statements","content":"312 High risk construction work – safe work method statements\nThe principal contractor for a construction project must take all\nreasonable steps to obtain a copy of the safe work method\nstatement relating to high risk construction work before the high risk\nconstruction work commences.\nNotes for regulation 312\n2 The WHS management plan contains arrangements for cooperation\nbetween persons conducting a business or undertaking at the construction\nproject workplace, including in relation to the preparation of safe work\nmethod statements (see regulation 309(2)(b) and (e)).\n","sortOrder":310},{"sectionNumber":"313","sectionType":"section","heading":"Copy of WHS management plan must be kept","content":"313 Copy of WHS management plan must be kept\n(1) Subject to subregulation (2), the principal contractor for a\nconstruction project must ensure that a copy of the WHS\nmanagement plan for the project is kept until the project to which it\nrelates is completed.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 236\n(2) If a notifiable incident occurs in connection with the construction\nproject to which the statement relates, the person must keep the\nWHS management plan for at least 2 years after the incident\noccurs.\n(3) The person must ensure that, for the period for which the WHS\nmanagement plan must be kept under this regulation, a copy is\nreadily accessible to any person who is to carry out construction\nwork in connection with the construction project.\n(4) The person must ensure that for the period for which the WHS\nmanagement plan must be kept under this regulation, a copy is\nWHS management plan means the initial plan and all revised\nversions of the plan.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 237\n","sortOrder":311},{"sectionNumber":"314","sectionType":"section","heading":"Further health and safety duties – specific regulations","content":"314 Further health and safety duties – specific regulations\nThe principal contractor for a construction project must put in place\narrangements for ensuring compliance at the workplace with the\n(a) Part 3.2, Division 2;\n(b) Part 3.2, Division 3;\n(c) Part 3.2, Division 4;\n(d) Part 3.2, Division 5;\n(e) Part 3.2, Division 7;\n(f) Part 3.2, Division 8;\n(g) Part 3.2, Division 9;\n(h) Part 3.2, Division 10;\n(i) Part 4.4.\nNotes for regulation 314\n2 All persons conducting a business or undertaking at the construction\nproject workplace have these same duties (see Part 3.2 of these\nRegulations and section 19 of the Act). Section 16 of the Act provides for\nsituations in which more than 1 person has the same duty.\n","sortOrder":312},{"sectionNumber":"315","sectionType":"section","heading":"Further health and safety duties – specific risks","content":"315 Further health and safety duties – specific risks\nThe principal contractor for a construction project must in\naccordance with Part 3.1 manage risks to health and safety\nassociated with the following:\n(a) the storage, movement and disposal of construction materials\nand waste at the workplace;\n(b) the storage at the workplace of plant that is not in use;\n\n","sortOrder":313},{"sectionNumber":"Div 1","sectionType":"division","heading":"General construction induction training requirements","content":"Division 1 General construction induction training requirements\nWork Health and Safety (National Uniform Legislation) Regulations 2011 238\n(c) traffic in the vicinity of the workplace that may be affected by\nconstruction work carried out in connection with the\nconstruction project;\n(d) essential services at the workplace.\nNote for regulation 315\nDivision 1 General construction induction training\n","sortOrder":314},{"sectionNumber":"316","sectionType":"section","heading":"Duty to provide general construction induction training","content":"316 Duty to provide general construction induction training\ngeneral construction induction training is provided to a worker\nengaged by the person who is to carry out construction work, if the\nworker:\n(a) has not successfully completed general construction induction\ntraining; or\n(b) successfully completed general construction induction training\nmore than 2 years previously and has not carried out\nconstruction work in the preceding 2 years.\nNote for regulation 316\n","sortOrder":315},{"sectionNumber":"317","sectionType":"section","heading":"Duty to ensure worker has been trained","content":"317 Duty to ensure worker has been trained\n(1) A person conducting a business or undertaking must not direct or\nallow a worker to carry out construction work unless:\n(a) the worker has successfully completed general construction\ninduction training; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 239\n(b) if the worker completed the training more than 2 years\npreviously – the worker has carried out construction work in\nthe preceding 2 years.\n(2) The person conducting the business or undertaking must ensure\n(a) the worker holds a general construction induction training\ncard; or\n(b) if the worker has applied for but not yet been issued with a\ngeneral construction induction training card, the worker holds\na general construction induction training certification, issued\nwithin the preceding 60 days.\n","sortOrder":316},{"sectionNumber":"318","sectionType":"section","heading":"Recognition of general construction induction training cards","content":"318 Recognition of general construction induction training cards\nissued in other jurisdictions\n(1) In this Part (other than Division 2), a reference to a general\nconstruction induction training card includes a reference to a similar\ncard issued under a corresponding WHS law.\n(2) Subregulation (1) does not apply to a card that is cancelled in the\ncorresponding jurisdiction.\n","sortOrder":317},{"sectionNumber":"319","sectionType":"section","heading":"Issue of card","content":"319 Issue of card\n(1) A person who has successfully completed general construction\ninduction training in the Territory may apply to the regulator for a\ngeneral construction induction training card.\n(2) The application must be made in the manner and form required by\n(3) The application must include the following information:\n(a) the applicant's name and any other evidence of the applicant's\nidentity required by the regulator;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 240\n(i) a general construction induction training certification\nissued to the applicant; or\n(ii) a written declaration by the person who provided the\ngeneral construction induction training on behalf of the\nrelevant RTO that the applicant has successfully\ncompleted general construction induction training.\n(4) The application must be accompanied by the relevant fee.\n(5) The application must be made:\n(a) within 60 days after the issue of the general construction\ninduction training certification; or\n(b) if the application is accompanied by a declaration referred to\nin subregulation (3)(b)(ii), at any time after completion of the\ngeneral construction induction training.\n(6) The regulator must issue a general construction induction training\ncard to the applicant if:\nregulation; and\n(b) the regulator is satisfied that the applicant has successfully\ncompleted general construction induction training.\n(7) The regulator must make a decision on the application as soon as\n(8) If the regulator has not decided on the application within 60 days,\nthe applicant is taken to hold a general construction induction\ntraining card until a decision is made.\n","sortOrder":318},{"sectionNumber":"320","sectionType":"section","heading":"Content of card","content":"320 Content of card\nA general construction induction training card must:\n(a) state the following:\n(i) that the card holder has completed general construction\ninduction training;\n(ii) the name of the card holder;\n(iii) the date on which the card was issued;\n(iv) a unique identifying number;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 241\n(v) that the card was issued in the Territory; and\n(b) if the card was issued in hard copy – be signed by the card\n(c) state or contain any other information as determined by the\n","sortOrder":319},{"sectionNumber":"321","sectionType":"section","heading":"Replacement card","content":"321 Replacement card\n(1) If a general construction induction training card issued by the\nregulator is lost, stolen or destroyed, the card holder may apply to\nthe regulator for a replacement card.\nA card holder is required to keep the card available for inspection under\nregulation 326.\n(2) An application for a replacement general construction induction\ntraining card must be made in the manner and form required by the\n(3) The application must:\n(a) include a declaration about the circumstances in which the\ncard was lost, stolen or destroyed; and\nNote for subregulation (3)(a)\n(4) The regulator may issue a replacement card if satisfied that the\noriginal general construction induction training card has been lost,\nstolen or destroyed.\n","sortOrder":320},{"sectionNumber":"322","sectionType":"section","heading":"Refusal to issue or replace card","content":"322 Refusal to issue or replace card\nThe regulator may refuse to issue a general construction induction\ntraining card or a replacement general construction induction\ntraining card if satisfied that the applicant:\n(a) gave information that was false or misleading in a material\n(b) failed to give information that should have been given; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 242\n(c) produced a general construction induction training certification\nthat had been obtained on the basis of the giving of false or\nmisleading information by any person or body.\nNote for regulation 322\nA decision to refuse to issue or replace a general construction induction training\ncard is a reviewable decision (see regulation 676).\n","sortOrder":321},{"sectionNumber":"323","sectionType":"section","heading":"Cancellation of card – grounds","content":"323 Cancellation of card – grounds\nThe regulator may cancel a general construction induction training\ncard issued by the regulator if satisfied that the card holder, when\napplying for the card:\n(a) gave information that was false or misleading in a material\n(b) failed to give information that should have been given; or\n(c) produced a general construction induction training certification\nthat had been obtained on the basis of the giving of false or\nmisleading information by any person or body.\nNote for regulation 323\nA decision to cancel a general construction induction training card is a reviewable\n","sortOrder":322},{"sectionNumber":"324","sectionType":"section","heading":"Cancellation of card – process","content":"324 Cancellation of card – process\n(1) The regulator must, before cancelling a general construction\ninduction training card, give the card holder:\n(a) written notice of the proposed cancellation that outlines all\nrelevant allegations, facts and circumstances known to the\nregulator; and\n(b) a reasonable opportunity to make submissions to the regulator\nin relation to the proposed cancellation.\n(2) On cancelling a general induction card, the regulator must give the\ncard holder a written notice of its decision, stating:\n(a) when the cancellation takes effect; and\n(b) the reasons for the cancellation; and\n(c) when the card must be returned to the regulator.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 243\n","sortOrder":323},{"sectionNumber":"326","sectionType":"section","heading":"Duties of workers","content":"326 Duties of workers\n(1) A worker carrying out construction work must keep available for\ninspection under the Act:\n(a) his or her general construction induction training card; or\n(b) in the circumstances set out in regulation 319(5), a general\ninduction training certification held by the worker, until a\ndecision is made on the application for the general\nconstruction induction training card.\n(2) A card holder, on receiving a cancellation notice under\nregulation 324(2), must return the card in accordance with the\n(3) Subregulation (1)(a) does not apply if the card is not in the\npossession of the worker (card holder) because:\n(a) it has been lost, stolen or destroyed; and\n(b) the card holder has applied for, but has not received, a\nreplacement card under regulation 321.\n","sortOrder":324},{"sectionNumber":"327","sectionType":"section","heading":"Alteration of general construction induction training card","content":"327 Alteration of general construction induction training card\n(1) A person who holds a general construction induction training card\nmust not intentionally or recklessly alter the card.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 244\n(2) Section 12B of the Act does not apply to an offence against\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 245\nNote for Part 7.1\nMost of the obligations in this Part apply to persons conducting businesses or\nundertakings at a workplace. However, some obligations apply to persons in\ndifferent capacities, for example importers and suppliers of hazardous chemicals.\n","sortOrder":325},{"sectionNumber":"328","sectionType":"section","heading":"Application of Part 7.1","content":"328 Application of Part 7.1\n(1) This Part applies to:\n(a) the use, handling and storage of hazardous chemicals at a\nworkplace and the generation of hazardous substances at a\n(b) a pipeline used to convey a hazardous chemical.\n(1A) This Part also applies to the handling or storage of dangerous\ngoods (as defined in, and classified under, the ADG Code) listed in\ntable 328, column 2, other than at a workplace, if the quantity of the\ndangerous goods is more than the relevant threshold quantity listed\nin column 3 of the table.\nTable 328\nItem\nDangerous goods\nThreshold quantities\n1 Liquefied Petroleum Gas\n(LP gas) (dangerous goods\nClass 2.1)\nIf the LP gas is stored in packages\noutside a building, and connected\nby piping to appliances within the\nbuilding that contain the gas –\n","sortOrder":326},{"sectionNumber":"500","sectionType":"section","heading":"L (water capacity)","content":"500 L (water capacity)\n2 Dangerous goods Class 3\nPacking Group 1\nPacking Group 2\n100 L\n1 000L\n3 C1 combustible liquids 50 000 L\n(2) This Part does not apply in relation to a pipeline that is regulated\nunder the Energy Pipelines Act 1981.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 246\n(3) This Part does not apply in relation to hazardous chemicals and\nexplosives being transported by road, rail, sea or air if the transport\nis regulated under any of the following:\n(a) the Dangerous Goods Act 1998;\n(b) the Transport of Dangerous Goods by Road and Rail (National\nUniform Legislation) Act 2010;\n(c) Radioactive Ores and Concentrates (Packaging and\nTransport) Act 1980;\n(d) Marine Act 1981;\n(e) Medicines, Poisons and Therapeutic Goods Regulations 2014.\n(4) This Part does not apply to the following hazardous chemicals in\nthe circumstances described:\n(a) hazardous chemicals in batteries when incorporated in plant;\n(b) fuel, oils or coolants in a container fitted to a vehicle, vessel,\naircraft, mobile plant, appliance or other device, if the fuel, oil\nor coolant is intended for use in the operation of the device;\n(c) fuel in the fuel container of a domestic or portable fuel burning\nappliance, if the quantity of fuel does not exceed 25 kg or\n25 L;\n(d) hazardous chemicals in portable fire fighting or medical\nequipment for use in a workplace;\n(e) hazardous chemicals that form part of the integrated\nrefrigeration system of refrigerated freight containers;\n(f) potable liquids that are consumer products at retail premises.\n(5) This Part, other than the following regulations and Schedule 7, does\nnot apply to substances, mixtures or articles categorised only as\nexplosives under the GHS:\n(a) regulation 329;\n(b) regulation 330;\n(c) regulation 339;\n(d) regulation 344;\n(e) regulation 345.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 247\n(6) This Part does not apply to the following:\n(a) food and beverages within the meaning of the Food Standards\nAustralia New Zealand Food Standards Code that are in a\npackage and form intended for human consumption;\n(b) tobacco or products made of tobacco;\n(c) therapeutic goods within the meaning of the Therapeutic\nGoods Act 1989 (Cth) at the point of intentional intake by or\nadministration to humans;\n(d) veterinary chemical products within the meaning of the Agvet\nCode at the point of intentional administration to animals.\nDivision 2 Obligations relating to safety data sheets and\nother matters\nNotes for Subdivision 1\n1 A manufacturer or importer of hazardous chemicals may also be a person\nconducting a business or undertaking at a workplace.\n2 A manufacturer or importer is defined in section 23 or 24 of the Act as a\nperson conducting a business or undertaking of manufacturing or\nimporting.\n","sortOrder":327},{"sectionNumber":"329","sectionType":"section","heading":"Classification of hazardous chemicals","content":"329 Classification of hazardous chemicals\nThe manufacturer or importer of a substance, mixture or article\nmust, before first supplying it to a workplace:\n(a) determine whether the substance, mixture or article is a\nhazardous chemical; and\n(b) if the substance, mixture or article is a hazardous chemical –\nensure that the hazardous chemical is correctly classified in\naccordance with Schedule 9, Part 1.\nNote for regulation 329\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 248\n","sortOrder":328},{"sectionNumber":"330","sectionType":"section","heading":"Manufacturer or importer to prepare and provide safety data","content":"330 Manufacturer or importer to prepare and provide safety data\nsheets\n(1) A manufacturer or importer of a hazardous chemical must prepare\na safety data sheet for the hazardous chemical:\n(a) before first manufacturing or importing the hazardous\nchemical; or\n(b) if that is not practicable – as soon as practicable after first\nmanufacturing or importing the hazardous chemical and\nbefore first supplying it to a workplace.\n(2) The safety data sheet must comply with Schedule 7, clause 1\nunless regulation 331 applies.\n(3) The manufacturer or importer of the hazardous chemical must:\n(a) review the safety data sheet at least once every 5 years; and\n(b) amend the safety data sheet whenever necessary to ensure\nthat it contains correct, current information.\n(4) The manufacturer or importer of the hazardous chemical must\nprovide the current safety data sheet for the hazardous chemical to\nany person, if the person:\n(a) is likely to be affected by the hazardous chemical; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 249\n(b) asks for the safety data sheet.\n(5) Subregulations (3) and (4) do not apply to a manufacturer or\nimporter of a hazardous chemical who has not manufactured or\nimported the hazardous chemical in the past 5 years.\n","sortOrder":329},{"sectionNumber":"331","sectionType":"section","heading":"Safety data sheets – research chemical, waste product or","content":"331 Safety data sheets – research chemical, waste product or\nsample for analysis\n(a) a hazardous chemical is a research chemical, waste product\nor sample for analysis; and\n(b) it is not reasonably practicable for a manufacturer or importer\nof the hazardous chemical to comply with Schedule 7,\nclause 1.\n(2) The manufacturer or importer must prepare a safety data sheet for\nthe hazardous chemical that complies with Schedule 7, clause 2.\n","sortOrder":330},{"sectionNumber":"332","sectionType":"section","heading":"Emergency disclosure of chemical identities to registered","content":"332 Emergency disclosure of chemical identities to registered\nmedical practitioner\n(1) This regulation applies if a registered medical practitioner:\n(a) reasonably believes that knowing the chemical identity of an\ningredient of a hazardous chemical may help to treat a patient;\nand\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 250\n(b) requests the manufacturer or importer of the hazardous\nchemical to give the registered medical practitioner the\nchemical identity of the ingredient; and\n(c) gives an undertaking to the manufacturer or importer that the\nchemical identity of the ingredient will be used only to help\ntreat the patient; and\n(d) gives an undertaking to the manufacturer or importer to give\nthe manufacturer or importer as soon as practicable a written\nstatement about the need to obtain the chemical identity of the\ningredient.\n(2) The manufacturer or importer of a hazardous chemical must give\nthe registered medical practitioner the chemical identity of an\ningredient of the hazardous chemical as soon as practicable.\n","sortOrder":331},{"sectionNumber":"333","sectionType":"section","heading":"Emergency disclosure of chemical identities to emergency","content":"333 Emergency disclosure of chemical identities to emergency\nservice worker\nThe manufacturer or importer of a hazardous chemical must give\nan emergency service worker the chemical identity of an ingredient\nof the hazardous chemical as soon as practicable after the worker\nrequests it.\nNote for regulation 333\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 251\n","sortOrder":332},{"sectionNumber":"334","sectionType":"section","heading":"Packing hazardous chemicals","content":"334 Packing hazardous chemicals\nThe manufacturer or importer of a hazardous chemical must ensure\nthat the hazardous chemical is correctly packed, in accordance with\nSchedule 9, Part 2, as soon as practicable after manufacturing or\nimporting the hazardous chemical.\nNote for regulation 334\n","sortOrder":333},{"sectionNumber":"335","sectionType":"section","heading":"Labelling hazardous chemicals","content":"335 Labelling hazardous chemicals\n(1) The manufacturer or importer of a hazardous chemical must ensure\nthat the hazardous chemical is correctly labelled as soon as\npracticable after manufacturing or importing the hazardous\nchemical.\n(2) A hazardous chemical is correctly labelled if:\n(a) the selection and use of label elements is in accordance with\nthe GHS and it complies with Schedule 9, Part 3; or\n(b) the label includes content that complies with another labelling\nrequirement imposed by these Regulations or by another law\nof the Territory or of the Commonwealth and the content is the\nsame, or substantially the same, as the content that is\nrequired by Schedule 9, Part 3.\n(3) This regulation does not apply to a hazardous chemical if:\n(a) the hazardous chemical is a consumer product that is labelled\nin accordance with the Poisons Standard; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 252\n(b) the container for the hazardous chemical has its original label;\nand\n(c) it is reasonably foreseeable that the hazardous chemical will\nbe used in a workplace only in:\n(i) a quantity that is consistent with household use; and\n(ii) a way that is consistent with household use; and\n(iii) a way that is incidental to the nature of the work carried\nout by a worker using the hazardous chemical.\n(4) This regulation does not apply to hazardous chemicals in transit.\n(5) This regulation does not apply to a hazardous chemical that:\n(a) is therapeutic goods within the meaning of the Therapeutic\nGoods Act 1989 (Cth); and\n(b) is in a form intended for human consumption, for\nadministration to or by a person or use by a person for\ntherapeutic purposes; and\n(c) is labelled in accordance with that Act or an order made under\nthat Act.\n(6) This regulation does not apply to cosmetics and toiletries.\n(7) This regulation does not apply to a hazardous chemical that is:\n(a) a veterinary chemical product within the meaning of the Agvet\nCode; and\n(b) listed in:\n(i) the Poisons Standard, Part 4, Schedule 4, if the\nchemical product is packaged and supplied in a form\nintended for direct administration to an animal for\ntherapeutic purposes; or\n(ii) the Poisons Standard, Part 4, Schedule 8.\n(8) In this regulation:\nPoisons Standard means the Standard for the Uniform Scheduling\nof Medicines and Poisons February 2017 (Cth), as in force or\nremade from time to time.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 253\nNotes for Subdivision 2\n1 A supplier of hazardous chemicals may also be a person conducting a\nbusiness or undertaking at a workplace.\n2 A supplier is defined in section 25 of the Act as a person who conducts a\nbusiness or undertaking of supplying.\n3 An operator of a major hazard facility is required to notify certain quantities\nof hazardous chemicals under Part 9.2.\n336 Restriction on age of person who can supply hazardous\nA person conducting a business or undertaking must not direct or\nallow a worker to supply a hazardous chemical that is a flammable\ngas or flammable liquid to another person into any container or\nvehicle provided by that other person unless the worker is at least\n16 years of age.\nNote for regulation 336\nExamples for regulation 336\n1 Decanting fuel into a fuel container.\n2 Refuelling a car.\n337 Retailer or supplier packing hazardous chemicals\n(1) The supplier of a hazardous chemical must not supply the\nhazardous chemical for use at another workplace if the supplier\nknows or ought reasonably to know that the hazardous chemical is\nnot correctly packed.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 254\n(2) A retailer who supplies a hazardous chemical in a container\nprovided by the person supplied with the chemical must ensure that\nthe hazardous chemical is correctly packed.\n","sortOrder":334},{"sectionNumber":"338","sectionType":"section","heading":"Supplier labelling hazardous chemicals","content":"338 Supplier labelling hazardous chemicals\n(1) The supplier of a hazardous chemical must not supply the\nhazardous chemical to another workplace if the supplier knows or\nought reasonably to know that the hazardous chemical is not\ncorrectly labelled in accordance with regulation 335.\n(2) Subregulation (1) does not apply to a hazardous chemical\nmanufactured or imported before 1 January 2023 that was, at the\ntime it was manufactured or imported, labelled in accordance with\nGHS 3.\n","sortOrder":335},{"sectionNumber":"339","sectionType":"section","heading":"Supplier to provide safety data sheets","content":"339 Supplier to provide safety data sheets\n(1) The supplier of a hazardous chemical to a workplace must ensure\nthat the current safety data sheet for the hazardous chemical is\nprovided with the hazardous chemical:\n(a) when the hazardous chemical is first supplied to the\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 255\n(b) if the safety data sheet for the hazardous chemical is\namended – when the hazardous chemical is first supplied to\nthe workplace after the safety data sheet is amended.\n(2) A hazardous chemical is taken to be first supplied to a workplace\nif the supply is the first supply of the hazardous chemical to the\nworkplace for 5 years.\n(3) The supplier of a hazardous chemical to a workplace must ensure\nthat the current safety data sheet for the hazardous chemical is\nprovided to a person at the workplace if the person asks for the\nsafety data sheet.\n(4) This regulation does not apply to a supplier of a hazardous\nchemical if:\n(a) the hazardous chemical is a consumer product; or\n(b) the supplier is a retailer.\nNote for regulation 339\nA manufacturer or importer is required to prepare a safety data sheet under\nregulation 330.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 256\n","sortOrder":336},{"sectionNumber":"340","sectionType":"section","heading":"Supply of prohibited and restricted carcinogens","content":"340 Supply of prohibited and restricted carcinogens\n(1) The supplier of a prohibited carcinogen referred to in an item in\nSchedule 10, table 10.1 must not supply the substance unless the\nperson to be supplied with the substance gives the supplier\nevidence that:\n(a) the substance is to be used, handled or stored for genuine\nresearch or analysis; and\n(i) the regulator has authorised the person to use, handle or\nstore the substance under regulation 384; or\n(ii) the regulator has granted an exemption under Part 11.2\nto the person to use, handle or store the substance.\n(2) The supplier of a restricted carcinogen referred to in an item in\nSchedule 10, table 10.2, column 2 must not supply the substance\nfor a use referred to in column 3 for the item unless the person to\nbe supplied with the substance gives the supplier evidence that:\n(a) the regulator has authorised the person to use, handle or store\nthe substance under regulation 384; or\n(b) the regulator has granted an exemption to the person under\n","sortOrder":337},{"sectionNumber":"Part 11","sectionType":"part","heading":"2 to use, handle or store the substance.","content":"Part 11.2 to use, handle or store the substance.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 257\n(3) A supplier under subregulation (1) or (2) must keep a record of:\n(a) the name of the person supplied; and\n(b) the name and quantity of the substance supplied.\n(4) The supplier must keep the record for 5 years after the substance\nwas last supplied to the person.\n","sortOrder":338},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Obligations of persons conducting businesses or","content":"Subdivision 3 Obligations of persons conducting businesses or\n","sortOrder":339},{"sectionNumber":"341","sectionType":"section","heading":"Labelling hazardous chemicals – general requirement","content":"341 Labelling hazardous chemicals – general requirement\nensure that a hazardous chemical used, handled or stored at the\nworkplace is correctly labelled in accordance with regulation 335.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 258\n(2) Subregulation (1) does not apply to a hazardous chemical:\n(a) supplied before 1 January 2017 that was, at the time it was\nsupplied, labelled in accordance with the National Code of\nPractice for the Labelling of Workplace Substances\n[NOHSC: 2012 (1994)] as in force at that time; or\n(b) supplied before 1 January 2023 that was, at the time it was\nsupplied, labelled in accordance with GHS 3; or\n(c) manufactured or imported before 1 January 2023 that was, at\nthe time it was manufactured or imported, labelled in\n","sortOrder":340},{"sectionNumber":"342","sectionType":"section","heading":"Labelling hazardous chemicals – containers","content":"342 Labelling hazardous chemicals – containers\nensure that a hazardous chemical is correctly labelled in\naccordance with regulation 335 if the hazardous chemical is:\n(a) manufactured at the workplace; or\n(b) transferred or decanted from its original container at the\n(1A) Subregulation (1) does not apply to a hazardous chemical:\n(a) manufactured at the workplace, or transferred or decanted\nfrom its original container at the workplace, before\n1 January 2017 that was, at the time it was manufactured, or\ntransferred or decanted from its original container, labelled in\naccordance with the National Code of Practice for the\nLabelling of Workplace Substances [NOHSC: 2012 (1994)] as\nin force at that time; or\n(b) manufactured at the workplace before 1 January 2023 that\nwas, at the time it was manufactured, labelled in accordance\nwith GHS 3; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 259\n(c) transferred or decanted from its original container at the\nworkplace that was:\n(i) manufactured or imported before 1 January 2023; and\n(ii) at the time it was manufactured or imported, labelled in\nNote for subregulation (1A)\nRegulation 338 applies if the chemical is being supplied to another workplace.\nensure, so far as is reasonably practicable, that a container that\nstores a hazardous chemical is correctly labelled in accordance\nwith regulation 335 while the container contains the hazardous\nchemical.\n(2A) Subregulation (2) does not apply to a container:\n(a) supplied before 1 January 2017 that was, at the time it was\nsupplied, labelled in accordance with the National Code of\nPractice for the Labelling of Workplace Substances\n[NOHSC: 2012 (1994)] as in force at that time; or\n(b) supplied before 1 January 2023 that was, at the time it was\nsupplied, labelled in accordance with GHS 3; or\n(c) manufactured or imported before 1 January 2023 that was, at\nthe time it was manufactured or imported, labelled in\nNote for subregulation (2A)\nRegulation 338 applies if the chemical is being supplied to another workplace.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 260\nensure that a container labelled for a hazardous chemical is used\nonly for the use, handling or storage of the hazardous chemical.\n(4) This regulation does not apply to a container if:\n(a) the hazardous chemical in the container is used immediately\nafter it is put in the container; and\n(b) the container is thoroughly cleaned immediately after the\nhazardous chemical is used, handled or stored so that the\ncontainer is in the condition it would be in if it had never\ncontained the hazardous chemical.\n","sortOrder":341},{"sectionNumber":"343","sectionType":"section","heading":"Labelling hazardous chemicals – pipe work","content":"343 Labelling hazardous chemicals – pipe work\nensure, so far as is reasonably practicable, that a hazardous\nchemical in pipe work is identified by a label, sign or another way\non or near the pipe work.\nNote for regulation 343\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 261\n","sortOrder":342},{"sectionNumber":"344","sectionType":"section","heading":"Person conducting business or undertaking to obtain and give","content":"344 Person conducting business or undertaking to obtain and give\naccess to safety data sheets\nobtain the current safety data sheet for a hazardous chemical\nprepared in accordance with these Regulations from the\nmanufacturer, importer or supplier of the hazardous chemical in the\nfollowing circumstances:\n(a) either:\n(i) not later than when the hazardous chemical is first\nsupplied for use at the workplace; or\n(ii) if the person is not able to obtain the safety data sheet\nunder subparagraph (i) – as soon as practicable after the\nhazardous chemical is first supplied to the workplace but\nbefore the hazardous chemical is used at the workplace;\n(b) if the safety data sheet for the hazardous chemical is\namended either:\n(i) not later than when the hazardous chemical is first\nsupplied to the workplace after the safety data sheet is\namended; or\n(ii) if the person is not able to obtain the amended safety\ndata sheet under subparagraph (i) – as soon as\npracticable after the hazardous chemical is first supplied\nto the workplace after the safety data sheet is amended\nand before the hazardous chemical supplied is used at\n(2) The hazardous chemical is taken to be first supplied to a\nworkplace if the supply is the first supply of the hazardous chemical\nto the workplace for 5 years.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 262\n(3) The person must ensure that the current safety data sheet for the\nhazardous chemical is readily accessible to:\n(a) a worker who is involved in using, handling or storing the\nhazardous chemical at the workplace; and\n(b) an emergency service worker, or anyone else, who is likely to\nbe exposed to the hazardous chemical at the workplace.\nNote for regulation (3)\n(4) Subregulations (1) and (3) do not apply to a hazardous chemical\n(a) is in transit; or\n(b) if the person conducting the business or undertaking at the\nworkplace is a retailer – is:\n(i) a consumer product; and\n(ii) intended for supply to other premises; or\n(c) is a consumer product and it is reasonably foreseeable that\nthe hazardous chemical will be used at the workplace only in:\n(i) quantities that are consistent with household use; and\n(ii) a way that is consistent with household use; and\n(iii) a way that is incidental to the nature of the work carried\nout by a worker using the hazardous chemical.\n(5) In the circumstances referred to in subregulation (4), the person\nmust ensure that sufficient information about the safe use, handling\nand storage of the hazardous chemical is readily accessible to:\n(a) a worker at the workplace; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 263\n(b) an emergency service worker, or anyone else, who is likely to\nbe exposed to the hazardous chemical at the workplace.\n(6) The person must ensure that the current safety data sheet for the\nhazardous chemical is readily accessible to a person at the\nworkplace if the person:\n(a) is likely to be affected by the hazardous chemical; and\n(b) asks for the safety data sheet.\n","sortOrder":343},{"sectionNumber":"345","sectionType":"section","heading":"Changes to safety data sheets","content":"345 Changes to safety data sheets\nA person conducting a business or undertaking at a workplace may\nchange a safety data sheet for a hazardous chemical only if:\n(a) the person:\n(i) is an importer or manufacturer of the hazardous\n(ii) changes the safety data sheet in a way that is consistent\nwith the duties of the importer or manufacturer under\nregulation 330; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 264\n(b) the change is only the attachment of a translation of the safety\ndata sheet, and clearly states that the translation is not part of\nthe original safety data sheet.\nNotes for regulation 345\n2 The manufacturer or importer of a hazardous chemical must amend a\nsafety data sheet as necessary to ensure the information is correct and\ncurrent (see regulation 330(3)(b)).\n","sortOrder":344},{"sectionNumber":"346","sectionType":"section","heading":"Hazardous chemicals register","content":"346 Hazardous chemicals register\n(a) a register of hazardous chemicals used, handled or stored at\nthe workplace is prepared and kept at the workplace; and\n(b) the register is maintained to ensure the information in the\nregister is up-to-date.\n(2) The register must include:\n(a) a list of hazardous chemicals used, handled or stored; and\n(b) the current safety data sheet for each hazardous chemical\nlisted.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 265\n(3) The person must ensure that the register is readily accessible to:\n(a) a worker involved in using, handling or storing a hazardous\n(b) anyone else who is likely to be affected by a hazardous\nchemical at the workplace.\n(4) This regulation does not apply to a hazardous chemical if:\n(a) the hazardous chemical is in transit, unless there is a\nsignificant or frequent presence of the hazardous chemical in\ntransit at the workplace; or\n(b) the hazardous chemical is a consumer product and the person\nis not required to obtain a safety data sheet for the hazardous\nchemical under regulation 344.\nNote for subregulation (4)(b)\nSee regulation 344(4).\nNote for Subdivision 2\nRegulation 361 requires an emergency plan to be prepared if the quantity of\nhazardous chemicals used, handled or stored at a workplace exceeds the\nmanifest quantity for that hazardous chemical.\n","sortOrder":345},{"sectionNumber":"347","sectionType":"section","heading":"Manifest of hazardous chemicals","content":"347 Manifest of hazardous chemicals\n(1) A person conducting a business or undertaking at a workplace\nmust, if the quantity of a Schedule 11 hazardous chemical or group\nof Schedule 11 hazardous chemicals used, handled or stored at the\nworkplace exceeds the manifest quantity for the Schedule 11\nhazardous chemical or group of Schedule 11 hazardous chemicals:\n(a) prepare a manifest of Schedule 11 hazardous chemicals; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 266\n(b) amend the manifest as soon as practicable if:\n(i) the type or quantity of Schedule 11 hazardous chemical\nor group of Schedule 11 hazardous chemicals that must\nbe listed in the manifest changes; or\n(ii) there is a significant change in the information required\nto be recorded in the manifest.\n(2) A manifest of Schedule 11 hazardous chemicals must comply with\nSchedule 12.\n(3) The person must keep the manifest:\n(a) in a place determined in agreement with the primary\nemergency service organisation; and\n(b) available for inspection under the Act; and\n(c) readily accessible to the emergency service organisation.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 267\n","sortOrder":346},{"sectionNumber":"348","sectionType":"section","heading":"Regulator must be notified if manifest quantities to be","content":"348 Regulator must be notified if manifest quantities to be\nexceeded\nensure that the regulator is given written notice if a quantity of a\nhazardous chemicals that exceeds the manifest quantity is used,\nhandled or stored, or is to be used, handled or stored, at the\n(2) The notice under subregulation (1) must be given:\n(a) immediately after the person knows that the Schedule 11\nhazardous chemical or group of Schedule 11 hazardous\nchemicals is to be first used, handled or stored at the\nworkplace or at least 14 days before that first use handling or\nstorage (whichever is earlier); and\n(b) immediately after the person knows that there will be a\nsignificant change in the risk of using, handling or storing the\nhazardous chemicals at the workplace or at least 14 days\nbefore that change (whichever is earlier).\n(3) The notice under subregulation (1) must include the following:\n(a) the name and ABN of the person conducting the business or\nundertaking;\n(b) the type of business or undertaking conducted;\n(c) if the workplace was previously occupied by someone else –\nthe name of the most recent previous occupier, if known;\n(d) the activities of the business or undertaking that involve using,\nhandling or storing Schedule 11 hazardous chemicals;\n(e) the manifest prepared by the person conducting the business\nor undertaking under regulation 347;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 268\n(f) in the case of a notice under subregulation (2)(b) – details of\nthe changes to the manifest.\nensure that the regulator is given written notice as soon as\npracticable after the Schedule 11 hazardous chemical or group of\nSchedule 11 hazardous chemicals ceases to be used, handled or\nstored at the workplace if it is not likely to be used, handled or\nstored at the workplace in the future.\n(5) The notice under subregulation (4) must include the information\nreferred to in subregulation (3)(a), (b) and (d).\n(6) If the regulator asks for any further information about the manifest\nquantity of a Schedule 11 hazardous chemical or group of\nSchedule 11 hazardous chemicals, the person must ensure that the\ninformation is given to the regulator.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 269\n","sortOrder":347},{"sectionNumber":"349","sectionType":"section","heading":"Outer warning placards – requirement to display","content":"349 Outer warning placards – requirement to display\nensure that an outer warning placard is prominently displayed at the\nworkplace if the total quantity of a Schedule 11 hazardous chemical\nor group of Schedule 11 hazardous chemicals used, handled or\nstored at the workplace exceeds the placard quantity for the\nhazardous chemicals.\n(2) An outer warning placard must comply with Schedule 13.\n(3) This regulation does not apply to a workplace if:\n(a) the workplace is a retail outlet; and\n(b) the Schedule 11 hazardous chemical or group of Schedule 11\nhazardous chemicals is used to refuel a vehicle, and is either:\n(i) a flammable gas; or\n(ii) a flammable liquid.\n","sortOrder":348},{"sectionNumber":"350","sectionType":"section","heading":"Placard – requirement to display","content":"350 Placard – requirement to display\nensure that a placard is prominently displayed at the workplace if\nthe total quantity of a Schedule 11 hazardous chemical or group of\nSchedule 11 hazardous chemicals stored at the workplace exceeds\nthe placard quantity for the Schedule 11 hazardous chemical or\ngroup of Schedule 11 hazardous chemicals.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 270\n(2) A placard must comply with Schedule 13.\n(3) This regulation does not apply to a Schedule 11 hazardous\nchemical or group of Schedule 11 hazardous chemicals if:\n(a) the Schedule 11 hazardous chemical or group of Schedule 11\nhazardous chemicals is in bulk in a container, including an\nIBC, that is intended for transport and a placard is displayed\non the container in accordance with the ADG Code; or\n(b) the Schedule 11 hazardous chemical or group of Schedule 11\nhazardous chemicals is a flammable liquid stored in an\nunderground tank at a retail outlet and used to refuel a\nvehicle.\nDivision 5 Control of risk – obligations of persons conducting\nbusinesses or undertakings\n","sortOrder":349},{"sectionNumber":"351","sectionType":"section","heading":"Management of risks to health or safety","content":"351 Management of risks to health or safety\n(1) A person conducting a business or undertaking must manage, in\naccordance with Part 3.1, risks to health and safety associated with\nusing, handling, generating or storing a hazardous chemical at a\n(2) In managing risks the person must have regard to the following:\n(a) the hazardous properties of the hazardous chemical;\n(b) any potentially hazardous chemical or physical reaction\nbetween the hazardous chemical and another substance or\nmixture, including a substance that may be generated by the\nreaction;\n(c) the nature of the work to be carried out with the hazardous\nchemical;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 271\n(d) any structure, plant or system of work:\n(i) that is used in the use, handling, generation or storage\nof the hazardous chemical; or\n(ii) that could interact with the hazardous chemical at the\n","sortOrder":350},{"sectionNumber":"352","sectionType":"section","heading":"Review of control measures","content":"352 Review of control measures\nIn addition to the circumstances in regulation 38, a person\nconducting a business or undertaking at a workplace must ensure\nthat any measures implemented to control risks in relation to a\nhazardous chemical at the workplace are reviewed and as\nnecessary revised in any of the following circumstances:\n(a) following any change to the safety data sheet for the\nhazardous chemical or the register of hazardous chemicals;\n(b) if the person obtains a health monitoring report for a worker\nunder Division 6 that contains:\n(i) test results that indicate that the worker has been\nexposed to the hazardous chemical and has an elevated\nlevel of metabolites in his or her body for that hazardous\nchemical; or\n(ii) any advice that test results indicate that the worker may\nhave contracted a disease, injury or illness as a result of\ncarrying out the work using, handling, generating or\nstoring the hazardous chemical that triggered the\nrequirement for health monitoring; or\n(iii) any recommendation that the person conducting the\nbusiness or undertaking take remedial measures,\nincluding whether the worker can continue to carry out\nthe work using, handling, generating or storing the\nhazardous chemical that triggered the requirement for\nhealth monitoring;\n(c) if monitoring carried out under regulation 50 determines that\nthe airborne concentration of the hazardous chemical at the\nworkplace exceeds the relevant exposure standard;\n(d) at least once every 5 years.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 272\nNote for regulation 352\n","sortOrder":351},{"sectionNumber":"353","sectionType":"section","heading":"Safety signs","content":"353 Safety signs\n(1) This regulation applies if a safety sign is required to control an\nidentified risk in relation to using, handling, generating or storing\nhazardous chemicals at a workplace.\nmust display a safety sign at the workplace to:\n(a) warn of a particular hazard associated with the hazardous\nchemicals; or\n(b) state the responsibilities of a particular person in relation to\nthe hazardous chemicals.\n(3) The person must ensure that the safety sign is:\n(a) located next to the hazard; and\n(b) clearly visible to a person approaching the hazard.\nsafety sign does not include a placard.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 273\n","sortOrder":352},{"sectionNumber":"354","sectionType":"section","heading":"Identification of risk of physical or chemical reaction","content":"354 Identification of risk of physical or chemical reaction\nidentify any risk of a physical or chemical reaction in relation to a\nhazardous chemical used, handled, generated or stored at a\n(2) Subregulation (1) does not apply if the hazardous chemical\nundergoes the physical or chemical reaction in a manufacturing\nprocess or as part of a deliberate process or activity at the\ntake all reasonable steps to ensure that a hazardous chemical is\nused, handled, generated or stored so as not to contaminate food,\nfood packaging or personal use products.\nPersonal use products:\n1 cosmetics\n2 face washer.\n(4) Subregulation (3) does not apply to the use of a hazardous\nchemical for agricultural purposes when used in accordance with\nAgricultural and Veterinary Chemicals (Northern Territory)\nAct 1994.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 274\n","sortOrder":353},{"sectionNumber":"355","sectionType":"section","heading":"Specific control – fire and explosion","content":"355 Specific control – fire and explosion\nmust, if there is a possibility of fire or explosion in a hazardous area\nbeing caused by an ignition source being introduced into the area,\nensure that the ignition source is not introduced into the area (from\noutside or within the space).\nNote for regulation 355\n","sortOrder":354},{"sectionNumber":"356","sectionType":"section","heading":"Keeping hazardous chemicals stable","content":"356 Keeping hazardous chemicals stable\nensure, so far as is reasonably practicable, that a hazardous\nchemical used, handled or stored at the workplace does not\nbecome unstable, decompose or change so as to:\n(a) create a hazard that is different from the hazard originally\ncreated by the hazardous chemical; or\n(b) significantly increase the risk associated with any hazard in\nrelation to the hazardous chemical.\n(a) if the stability of a hazardous chemical used, handled or stored\nat the workplace is dependent on the maintenance of the\nproportions of the ingredients of the hazardous chemical – the\nproportions are maintained as stated in the safety data sheet\nfor the chemical or by the manufacturer of the hazardous\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 275\n(b) if a hazardous chemical used, handled or stored at the\nworkplace is known to be unstable above a particular\ntemperature – the hazardous chemical is used, handled or\nstored at or below that temperature.\n(3) This regulation does not apply if:\n(a) the hazardous chemical is changed or allowed to become\nunstable, without risk to health or safety, as part of a\ndeliberate process or activity at the workplace; or\n(b) the hazardous chemical undergoes a chemical reaction in a\nmanufacturing process or as part of a deliberate process or\nactivity at the workplace.\n","sortOrder":355},{"sectionNumber":"357","sectionType":"section","heading":"Containing and managing spills","content":"357 Containing and managing spills\nensure, so far as is reasonably practicable, that where there is a\nrisk from a spill or leak of a hazardous chemical in a solid or liquid\nform, provision is made in each part of the workplace where the\nhazardous chemical is used, handled, generated or stored for a spill\ncontainment system that contains within the workplace any part of\nthe hazardous chemical that spills or leaks, and any resulting\neffluent.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 276\n(2) The person must ensure that the spill containment system does not\ncreate a hazard by bringing together different hazardous chemicals\nthat are not compatible.\n(3) The person must ensure that the spill containment system provides\nfor the cleanup and disposal of a hazardous chemical that spills or\nleaks, and any resulting effluent.\n(4) In subregulation (2):\ncompatible, for 2 or more substances, mixtures or items, means\nthat the substances, mixtures or items do not react together to\ncause a fire, explosion, harmful reaction or evolution of flammable,\ntoxic or corrosive vapour.\n","sortOrder":356},{"sectionNumber":"358","sectionType":"section","heading":"Protecting hazardous chemicals from damage","content":"358 Protecting hazardous chemicals from damage\nensure, so far as is reasonably practicable, that containers of\nhazardous chemicals and any associated pipe work or attachments\nare protected against damage caused by an impact or excessive\nloads.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 277\nNote for regulation 358\n","sortOrder":357},{"sectionNumber":"359","sectionType":"section","heading":"Fire protection and fire fighting equipment","content":"359 Fire protection and fire fighting equipment\nensure the following:\n(a) the workplace is provided with fire protection and fire fighting\nequipment that is designed and built for the types of\nhazardous chemicals at the workplace in the quantities in\nwhich they are used, handled, generated or stored at the\nworkplace, and the conditions under which they are used,\nhandled, generated or stored, having regard to:\n(i) the fire load of the hazardous chemicals; and\n(ii) the fire load from other sources; and\n(iii) the compatibility of the hazardous chemicals with other\nsubstances and mixtures at the workplace;\n(b) the fire protection and fire fighting equipment is compatible\nwith fire fighting equipment used by the primary emergency\nservice organisation;\n(c) the fire protection and fire fighting equipment is properly\ninstalled, tested and maintained;\n(d) a dated record is kept of the latest testing results and\nmaintenance until the next test is conducted.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 278\n(2) If a part of the fire protection and fire fighting equipment provided at\nthe workplace becomes unserviceable or inoperative, the person\nmust ensure that:\n(a) the implications of the equipment being unserviceable or\ninoperative are assessed; and\n(b) for risks that were controlled by the equipment when\nfunctioning fully, alternative measures are taken to manage\nthe risks.\n(3) The person must ensure that the fire protection and fire fighting\nequipment is returned to full operation as soon as practicable.\n","sortOrder":358},{"sectionNumber":"360","sectionType":"section","heading":"Emergency equipment","content":"360 Emergency equipment\nA person conducting a business or undertaking at a workplace that\nuses, handles, generates or stores hazardous chemicals must\nensure that equipment is always available at the workplace for use\nin an emergency.\nNotes for regulation 360\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 279\n2 A person conducting a business or undertaking must comply with Part 3.2,\nDivision 4.\n","sortOrder":359},{"sectionNumber":"361","sectionType":"section","heading":"Emergency plans","content":"361 Emergency plans\n(1) This regulation applies if the quantity of a Schedule 11 hazardous\nchemical used, handled, generated or stored at a workplace\nexceeds the manifest quantity for that hazardous chemical.\nmust give a copy of the emergency plan prepared under Part 3.2,\nDivision 4 for the workplace to the primary emergency service\norganisation.\n(3) If the primary emergency service organisation gives the person a\nwritten recommendation about the content or effectiveness of the\nemergency plan, the person must revise the plan in accordance\nwith the recommendation.\n","sortOrder":360},{"sectionNumber":"362","sectionType":"section","heading":"Safety equipment","content":"362 Safety equipment\n(1) This regulation applies if safety equipment is required to control an\nidentified risk in relation to using, handling, generating or storing\nhazardous chemicals at a workplace.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 280\nmust ensure that the safety equipment is provided, maintained and\nreadily accessible to persons at the workplace.\n","sortOrder":361},{"sectionNumber":"363","sectionType":"section","heading":"Control of risks from storage or handling systems","content":"363 Control of risks from storage or handling systems\nensure, so far as is reasonably practicable, that a system used at\nthe workplace for the use, handling or storage of hazardous\nchemicals:\n(a) is used only for a purpose for which it was designed,\nmanufactured, modified, supplied or installed; and\n(b) is operated, tested, maintained, installed, repaired and\ndecommissioned having regard to the health and safety of\nworkers and other persons at the workplace.\n(2) The person must ensure that sufficient information, training and\ninstruction is given to a person who operates, tests, maintains or\ndecommissions a system used at a workplace for the use, handling\nor storage of hazardous chemicals for the activity to be carried out\nsafely.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 281\nInformation provided at a training course.\n","sortOrder":362},{"sectionNumber":"364","sectionType":"section","heading":"Containers for hazardous chemicals used, handled or stored in","content":"364 Containers for hazardous chemicals used, handled or stored in\nbulk\nensure that a container in which a hazardous chemical is used,\nhandled or stored in bulk and any associated pipe work or\nattachments:\n(a) have stable foundations and supports; and\n(b) are secured to the foundations and supports to prevent any\nmovement between the container and the associated pipe\nwork or attachments to prevent:\n(i) damage to the container, the associated pipe work or\nattachments; and\n(ii) a notifiable incident.\nNote for regulation 364\n","sortOrder":363},{"sectionNumber":"365","sectionType":"section","heading":"Stopping use and disposing of handling systems","content":"365 Stopping use and disposing of handling systems\n(1) This regulation applies to a system used at a workplace for the use,\nhandling or storage of hazardous chemicals if a person conducting\na business or undertaking at the workplace intends that the system\nno longer be used for the use, handling or storage of the hazardous\nchemicals or be disposed of.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 282\nthe system is free of the hazardous chemicals when the system\nstops being used for the use, handling or storage of the hazardous\nchemicals or is disposed of.\n(3) If it is not reasonably practicable to remove the hazardous\nchemicals from the system, the person must correctly label the\nsystem.\nNotes for regulation 365\n2 For correctly labelling hazardous chemicals, see Division 2, Subdivision 3.\n","sortOrder":364},{"sectionNumber":"366","sectionType":"section","heading":"Stopping use of underground storage and handling systems","content":"366 Stopping use of underground storage and handling systems\n(1) This regulation applies in relation to a system used at a workplace\nfor the use, handling or storage of hazardous chemicals\nunderground if a person conducting a business or undertaking at\nthe workplace intends that the system no longer be used for the\nuse, handling or storage of the hazardous chemicals or be disposed\nof.\nthe system is removed.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 283\n(3) If it is not reasonably practicable to remove the system, the person\nmust ensure, so far as is reasonably practicable, that the system is\nwithout risks to health and safety.\n","sortOrder":365},{"sectionNumber":"367","sectionType":"section","heading":"Notification of abandoned tank","content":"367 Notification of abandoned tank\n(1) This regulation applies to a person conducting a business or\nundertaking at a workplace if:\n(a) the person controls or manages a tank at the workplace that is\nunderground, partially underground or fully mounded; and\n(b) the tank was used to store flammable gases or flammable\nliquids.\n(2) The tank is taken to be abandoned if:\n(a) the tank has not been used to store flammable gases or\nflammable liquids for 2 years; or\n(b) the person does not intend to use the tank to store flammable\ngases or flammable liquids again.\n(3) The person must notify the regulator of the abandonment of the\ntank as soon as practicable after the tank is abandoned.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 284\ntank means a container, other than an IBC, designed to use,\nhandle or store hazardous chemicals in bulk, and includes fittings,\nclosures and other equipment attached to the container.\n","sortOrder":366},{"sectionNumber":"368","sectionType":"section","heading":"Duty to provide health monitoring","content":"368 Duty to provide health monitoring\nhealth monitoring is provided to a worker carrying out work for the\nbusiness or undertaking if:\n(a) the worker is carrying out ongoing work at a workplace using,\nhandling, generating or storing hazardous chemicals and there\nis a significant risk to the worker's health because of exposure\nto a hazardous chemical referred to in Schedule 14,\ntable 14.1, column 2; or\n(b) the person identifies that because of ongoing work carried out\nby a worker using, handling, generating or storing hazardous\nchemicals there is a significant risk that the worker will be\nexposed to a hazardous chemical (other than a hazardous\nchemical referred to in Schedule 14, table 14.1) and either:\n(i) valid techniques are available to detect the effect on the\nworker's health; or\n(ii) a valid way of determining biological exposure to the\nhazardous chemical is available and it is uncertain, on\nreasonable grounds, whether the exposure to the\nhazardous chemical has resulted in the biological\nexposure standard being exceeded.\nNotes for regulation 368\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 285\n2 The biological exposure standard is published by Safe Work Australia.\n","sortOrder":367},{"sectionNumber":"369","sectionType":"section","heading":"Duty to inform of health monitoring","content":"369 Duty to inform of health monitoring\nA person conducting a business or undertaking who is required to\nprovide health monitoring to a worker must give information about\nthe health monitoring requirements to:\n(a) a person who is likely to be engaged to carry out work using,\nhandling, generating or storing a hazardous chemical; and\n(b) a worker for the business or undertaking, before the worker\ncommences work using, handling, generating or storing a\nhazardous chemical.\nNote for regulation 369\n","sortOrder":368},{"sectionNumber":"370","sectionType":"section","heading":"Duty to ensure that appropriate health monitoring is provided","content":"370 Duty to ensure that appropriate health monitoring is provided\nhealth monitoring of a worker referred to in regulation 368 includes\nhealth monitoring of a type referred to in an item in Schedule 14,\ntable 14.1, column 3 in relation to a hazardous chemical referred to\nin column 2 for the item, unless:\n(a) an equal or better type of health monitoring is available; and\n(b) the use of that other type of monitoring is recommended by a\nregistered medical practitioner with experience in health\nNote for regulation 370\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 286\n","sortOrder":369},{"sectionNumber":"371","sectionType":"section","heading":"Duty to ensure health monitoring is supervised by registered","content":"371 Duty to ensure health monitoring is supervised by registered\nmedical practitioner with experience\nthe health monitoring of a worker referred to in regulation 368 is\n","sortOrder":370},{"sectionNumber":"372","sectionType":"section","heading":"Duty to pay costs of health monitoring","content":"372 Duty to pay costs of health monitoring\nexpenses relating to health monitoring referred to in regulation 368.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 287\n","sortOrder":371},{"sectionNumber":"373","sectionType":"section","heading":"Information that must be provided to registered medical","content":"373 Information that must be provided to registered medical\n(c) the work that the worker is, or will be, carrying out that has\n(d) if the worker has started that work – how long the worker has\nNote for regulation 373\n","sortOrder":372},{"sectionNumber":"374","sectionType":"section","heading":"Duty to obtain health monitoring report","content":"374 Duty to obtain health monitoring report\n(1) A person conducting a business or undertaking who commissions\nhealth monitoring referred to in regulation 368 must take all\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 288\n(d) the date of the health monitoring;\n(e) any test results that indicate whether or not the worker has\nbeen exposed to a hazardous chemical;\n(f) any advice that test results indicate that the worker may have\n(g) any recommendation that the person conducting the business\n(h) whether medical counselling is required for the worker in\n","sortOrder":373},{"sectionNumber":"375","sectionType":"section","heading":"Duty to give health monitoring report to worker","content":"375 Duty to give health monitoring report to worker\nThe person conducting a business or undertaking who\ncommissioned health monitoring for a worker must give a copy of\nthe health monitoring report to the worker as soon as practicable\nafter the person obtains the report.\nNote for regulation 375\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 289\n","sortOrder":374},{"sectionNumber":"376","sectionType":"section","heading":"Duty to give health monitoring report to regulator","content":"376 Duty to give health monitoring report to regulator\nA person conducting a business or undertaking for whom a worker\ngive a copy of the health monitoring report relating to a worker to\n(a) any advice that test results indicate that the worker may have\nout the work using, handling, generating or storing hazardous\nchemicals that triggered the requirement for health monitoring;\nor\n(b) any recommendation that the person conducting the business\nworker can continue to carry out the work using, handling,\ngenerating or storing hazardous chemicals that triggered the\nrequirement for health monitoring.\nNote for regulation 376\n","sortOrder":375},{"sectionNumber":"377","sectionType":"section","heading":"Duty to give health monitoring report to relevant persons","content":"377 Duty to give health monitoring report to relevant persons\nThe person who commissioned health monitoring for a worker\nunder regulation 368 must give a copy of the health monitoring\nreport to all other persons conducting businesses or undertakings\nwho have a duty to provide health monitoring for the worker as\nsoon as practicable after obtaining the report.\nNote for regulation 377\n\nDivision 7 Induction, information, training and supervision\nWork Health and Safety (National Uniform Legislation) Regulations 2011 290\n","sortOrder":376},{"sectionNumber":"378","sectionType":"section","heading":"Health monitoring records","content":"378 Health monitoring records\n(b) for at least 30 years after the record is made.\nregulation 376 or 377 or to a person who must keep the record\nDivision 7 Induction, information, training and supervision\n","sortOrder":377},{"sectionNumber":"379","sectionType":"section","heading":"Duty to provide supervision","content":"379 Duty to provide supervision\nprovide any supervision to a worker that is necessary to protect the\nworker from risks to the worker's health and safety arising from the\nwork if, at the workplace, the worker:\n(a) uses, handles, generates or stores a hazardous chemical; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 291\n(b) operates, tests, maintains, repairs or decommissions a\nstorage or handling system for a hazardous chemical; or\n(c) is likely to be exposed to a hazardous chemical.\n(2) The person must ensure that the supervision of the worker is\nsuitable and adequate having regard to:\n(a) the nature of the risks associated with the hazardous\n(b) the information, training and instruction required under\nregulation 39.\nNote for regulation 379\nIn addition, section 19(3)(f) of the Act requires the provision of information,\ntraining, instruction and supervision.\n","sortOrder":378},{"sectionNumber":"380","sectionType":"section","heading":"Using, handling and storing prohibited carcinogens","content":"380 Using, handling and storing prohibited carcinogens\nworkplace to use, handle or store, a prohibited carcinogen referred\nto in Schedule 10, table 10.1, column 2 unless:\n(a) the prohibited carcinogen is used, handled or stored for\ngenuine research or analysis; and\n(b) the regulator has authorised the use, handling or storage of\nthe prohibited carcinogen under regulation 384.\nNote for regulation 380\n","sortOrder":379},{"sectionNumber":"381","sectionType":"section","heading":"Using, handling and storing restricted carcinogens","content":"381 Using, handling and storing restricted carcinogens\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 292\nworkplace to use, handle or store, a restricted carcinogen referred\nto in an item in Schedule 10, table 10.2, column 2 for a purpose\nreferred to in column 3 for the item unless the regulator has\nauthorised the use, handling or storage of the restricted carcinogen\nunder regulation 384.\nNote for regulation 381\n","sortOrder":380},{"sectionNumber":"382","sectionType":"section","heading":"Using, handling and storing restricted hazardous chemicals","content":"382 Using, handling and storing restricted hazardous chemicals\nworkplace to use, handle or store, a restricted hazardous chemical\nreferred to in an item in Schedule 10, table 10.3, column 2 for a\npurpose referred to in column 3 for the item.\nworkplace to use, handle or store, polychlorinated biphenyls (PCBs)\nunless the use, handling or storage is:\n(a) in relation to existing electrical equipment or construction\nmaterial; or\n(b) for disposal purposes; or\n(c) for genuine research and analysis.\nNote for regulation 382\n","sortOrder":381},{"sectionNumber":"383","sectionType":"section","heading":"Application for authorisation to use, handle or store prohibited","content":"383 Application for authorisation to use, handle or store prohibited\nand restricted carcinogens\n(1) A person conducting a business or undertaking at a workplace may\napply in writing to the regulator for authorisation to use, handle or\nstore a prohibited carcinogen or restricted carcinogen referred to in\n","sortOrder":382},{"sectionNumber":"Sch 10","sectionType":"schedule","heading":"at the workplace.","content":"Schedule 10 at the workplace.\n(a) the applicant's name and business address;\n(b) if the applicant conducts the business or undertaking under a\nbusiness name - that business name;\n(c) the name and address of the supplier of the carcinogen;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 293\n(d) the address where the carcinogen will be used, handled or\nstored;\n(e) the name of the carcinogen;\n(f) the quantity of the carcinogen to be used, handled or stored at\nthe workplace each year;\n(g) the purpose and activity for which the carcinogen will be used,\nhandled or stored;\n(h) the number of workers that may be exposed to the\ncarcinogen;\n(i) information about how the person will manage risks to health\nand safety, including a summary of the steps taken, or to be\ntaken, by the person in relation to the following:\n(i) hazard identification;\n(ii) control measures;\n(iii) if elimination or substitution of the carcinogen is not\nreasonably practicable – why the elimination or\nsubstitution is not reasonably practicable;\n(j) any other information requested by the regulator.\n","sortOrder":383},{"sectionNumber":"384","sectionType":"section","heading":"Authorisation to use, handle or store prohibited carcinogens","content":"384 Authorisation to use, handle or store prohibited carcinogens\nand restricted carcinogens\n(1) If a person applies under regulation 383, the regulator may grant an\nauthorisation to use, handle or store a prohibited carcinogen or\nrestricted carcinogen under this regulation.\n(2) The regulator may authorise the person to use, handle or store a\nprohibited carcinogen referred to in an item in Schedule 10,\ntable 10.1 at the workplace only if the carcinogen will be used,\nhandled or stored only for genuine research or analysis.\n(3) The regulator may authorise the person to use, handle or store a\nrestricted carcinogen referred to in an item in Schedule 10,\ntable 10.2 at the workplace only if the carcinogen will be used,\nhandled or stored only for a use referred to in column 3 for the item.\n(4) The regulator may impose any conditions on the authorisation that\nthe regulator considers necessary to achieve the objectives of the\nAct or these Regulations.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 294\n(5) The regulator must refuse to authorise the use, handling or storage\nof the carcinogen for a use not referred to in this regulation.\nNote for regulation 384\nA decision to refuse an authorisation is a reviewable decision (see\n","sortOrder":384},{"sectionNumber":"385","sectionType":"section","heading":"Changes to information in application to be reported","content":"385 Changes to information in application to be reported\nA person who applies under regulation 383 for authorisation to use,\nhandle or store a prohibited carcinogen or restricted carcinogen\nmust give the regulator written notice of any change in the\ninformation given in the application before the change or as soon as\npracticable after the person becomes aware of the change.\nNote for regulation 385\n","sortOrder":385},{"sectionNumber":"386","sectionType":"section","heading":"Regulator may cancel authorisation","content":"386 Regulator may cancel authorisation\nThe regulator may cancel an authorisation to use, handle or store a\nprohibited carcinogen or restricted carcinogen given under\nregulation 384 if satisfied that:\n(a) the person granted the authorisation has not complied with a\ncondition on the authorisation; or\n(b) the risk to the health or safety of a worker that may be affected\nby using, handling or storing the carcinogen has changed\nsince the authorisation was granted.\nNote for regulation 386\nA decision to cancel an authorisation is a reviewable decision (see\n","sortOrder":386},{"sectionNumber":"387","sectionType":"section","heading":"Statement of exposure to be given to workers","content":"387 Statement of exposure to be given to workers\n(a) a person conducting a business or undertaking at a workplace\nis authorised under regulation 384 to use, handle or store a\nprohibited carcinogen or restricted carcinogen at the\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 295\n(b) a worker uses, handles or stores the prohibited carcinogen or\nrestricted carcinogen at the workplace.\n(2) The person must give to the worker, at the end of the worker's\nengagement by the person, a written statement of the following:\n(a) the name of the prohibited or restricted carcinogen to which\nthe worker may have been exposed during the engagement;\n(b) the time the worker may have been exposed;\n(c) how and where the worker may obtain records of the possible\nexposure;\n(d) whether the worker should undertake regular health\nassessments, and the relevant tests to undertake.\n","sortOrder":387},{"sectionNumber":"388","sectionType":"section","heading":"Records to be kept","content":"388 Records to be kept\nundertaking at a workplace is authorised under regulation 384 to\nuse, handle or store a prohibited carcinogen or restricted\ncarcinogen at the workplace.\n(2) The person must:\n(a) record the full name, date of birth and address of each worker\nlikely to be exposed to the prohibited carcinogen or restricted\ncarcinogen during the period of authorisation; and\n(b) keep a copy of each authorisation given to the person\nincluding any conditions imposed on the authorisation.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 296\n(3) The person must keep the records for 30 years after the\nauthorisation ends.\n","sortOrder":388},{"sectionNumber":"389","sectionType":"section","heading":"Management of risk by pipeline owner","content":"389 Management of risk by pipeline owner\n(1) The owner of a pipeline used to transfer hazardous chemicals must\nmanage risks associated with the transfer of the hazardous\nchemicals through that pipeline.\nRisks associated with the testing, installation, commissioning, operation,\nmaintenance and decommissioning of the pipeline.\n(2) The owner of a pipeline used to transfer hazardous chemicals must\nensure, so far as is reasonably practicable, that an activity,\nstructure, equipment or substance that is not part of the pipeline\ndoes not affect the hazardous chemicals or the pipeline in a way\nthat increases risk.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 297\n","sortOrder":389},{"sectionNumber":"390","sectionType":"section","heading":"Pipeline builder's duties","content":"390 Pipeline builder's duties\n(1) This regulation applies to a person who intends to build a pipeline\nthat will:\n(a) cross into a public place; and\n(b) be used to transfer a Schedule 11 hazardous chemical.\n(2) The person must ensure that, before the building of the pipeline\ncommences, the regulator is given the following information:\n(a) the name of the pipeline's intended owner and operator;\n(b) the pipeline's specifications;\n(c) the intended procedures for the operation, maintenance,\nrenewal and relaying of the pipeline;\n(d) any public place that the pipeline will cross;\n(e) the intended emergency response procedures.\n(3) The person must ensure that the regulator is given the information\nin the following circumstances:\n(a) before the pipeline is commissioned;\n(b) before the pipeline is likely to contain a hazardous chemical;\n(c) if there is any change in the information given under\nsubregulation (2) – when the information changes;\n(d) if part of the pipeline is to be repaired – before the pipeline is\nrepaired;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 298\n(e) if part of the pipeline is removed, decommissioned, closed or\nabandoned – when the removal, decommissioning, closure or\nabandonment occurs.\n","sortOrder":390},{"sectionNumber":"391","sectionType":"section","heading":"Management of risks to health and safety by pipeline operator","content":"391 Management of risks to health and safety by pipeline operator\n(1) A person conducting a business or undertaking at a workplace who\nis the operator of a pipeline (the operator) used to transfer\nhazardous chemicals must manage, in accordance with Part 3.1,\nrisks to health and safety associated with the transfer of the\nhazardous chemicals through the pipeline.\n(2) The operator of a pipeline used to transfer a hazardous chemical\nmust ensure, so far as is reasonably practicable, that the hazardous\nchemical transferred is identified by a label, sign or another way on\nor near the pipeline.\n(3) The operator of a pipeline that transfers a Schedule 11 hazardous\nchemical into a public place must ensure that the regulator is\nnotified of:\n(a) the supplier of the hazardous chemical; and\n(b) the receiver of the hazardous chemical; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 299\n(c) the correct classification of the hazardous chemical.\nNote for Part 7.2\nIn workplaces where lead processes are carried out, this Part applies in addition\nto Part 7.1.\n","sortOrder":391},{"sectionNumber":"392","sectionType":"section","heading":"Meaning of lead process","content":"392 Meaning of lead process\nIn this Part, a lead process consists of any of the following carried\nout at a workplace:\n(a) work that exposes a person to lead dust or lead fumes arising\nfrom the manufacture or handling of dry lead compounds;\n(b) work in connection with the manufacture, assembly, handling\nor repair of, or parts of, batteries containing lead that involves\nthe manipulation of dry lead compounds, or pasting or casting\nlead;\n(c) breaking up or dismantling batteries containing lead, or\nsorting, packing and handling plates or other parts containing\nlead that are removed or recovered from the batteries;\n(d) spraying molten lead metal or alloys containing more\nthan 5% by weight of lead metal;\n(e) melting or casting lead alloys containing more than 5% by\nweight of lead metal in which the temperature of the molten\nmaterial exceeds 450°C;\n(f) recovering lead from its ores, oxides or other compounds by\nthermal reduction process;\n(g) dry machine grinding, discing, buffing or cutting by power tools\nalloys containing more than 5% by weight of lead metal;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 300\n(h) machine sanding or buffing surfaces coated with paint\ncontaining more than 1% by dry weight of lead;\n(i) a process by which electric arc, oxyacetylene, oxy gas,\nplasma arc or a flame is applied for welding, cutting or\ncleaning, to the surface of metal coated with lead or paint\ncontaining more than 1% by dry weight of lead metal;\n(j) radiator repairs that may cause exposure to lead dust or lead\nfumes;\n(k) fire assays if lead, lead compounds or lead alloys are used;\n(l) hand grinding and finishing lead or alloys containing more\nthan 50% by dry weight of lead;\n(m) spray painting with lead paint containing more than 1% by dry\nweight of lead;\n(n) melting lead metal or alloys containing more than 50% by\nweight of lead metal if the exposed surface area of the molten\nmaterial exceeds 0.1 m 2 and the temperature of the molten\nmaterial does not exceed 450°C;\n(o) using a power tool, including abrasive blasting and high\npressure water jets, to remove a surface coated with paint\ncontaining more than 1% by dry weight of lead and handling\nwaste containing lead resulting from the removal;\n(p) a process that exposes a person to lead dust or lead fumes\narising from manufacturing or testing detonators or other\nexplosives that contain lead;\n(q) a process that exposes a person to lead dust or lead fumes\narising from firing weapons at an indoor firing range;\n(r) foundry processes involving:\n(i) melting or casting lead alloys containing more\nthan 1% by weight of lead metal in which the\ntemperature of the molten material exceeds 450°C; or\n(ii) dry machine grinding, discing, buffing or cutting by\npower tools lead alloys containing more than 1% by\nweight of lead metal;\n(s) a process decided by the regulator to be a lead process under\nregulation 393.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 301\n","sortOrder":392},{"sectionNumber":"393","sectionType":"section","heading":"Regulator may decide lead process","content":"393 Regulator may decide lead process\n(1) The regulator may decide that a process to be carried out at a\nworkplace is a lead process.\n(2) The regulator must not decide that the process is a lead process\nunless the regulator is satisfied on reasonable grounds that the\nprocess creates a risk to the health of a worker at the workplace\nhaving regard to blood lead levels of workers, or airborne lead\nlevels, at the workplace.\nA decision that a process is a lead process is a reviewable decision (see\n(3) The regulator must, within 14 days after a decision is made under\nsubregulation (1), give written notice of the decision to the person\nconducting a business or undertaking at the workplace.\n","sortOrder":393},{"sectionNumber":"394","sectionType":"section","heading":"Meaning of lead risk work","content":"394 Meaning of lead risk work\nlead risk work means work carried out in a lead process that is\nlikely to cause the blood lead level of a worker carrying out the work\nto exceed:\n(a) during the transitional period:\n(i) for a female of reproductive capacity –\n10 μg/dL (0.48 μmol/L); or\n(ii) in any other case – 30 μg/dL (1.45 μmol/L); or\n(b) after the transitional period:\n(i) for a female of reproductive capacity – 5 μg/dL\n(0.24 μmol/L); or\n(ii) in any other case – 20 μg/dL (0.97 μmol/L).\n","sortOrder":394},{"sectionNumber":"394A","sectionType":"section","heading":"Meaning of transitional period","content":"394A Meaning of transitional period\ntransitional period means the period from the commencement of\nthis regulation to 30 June 2021.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 302\n","sortOrder":395},{"sectionNumber":"395","sectionType":"section","heading":"Duty to give information about health risks of lead process","content":"395 Duty to give information about health risks of lead process\n(1) A person conducting a business or undertaking that carries out a\nlead process must give information about the lead process to:\n(a) a person who is likely to be engaged to carry out the lead\nprocess – before the person is engaged; and\n(b) a worker for the business or undertaking – before the worker\ncommences the lead process.\n(2) If work is identified as lead risk work after a worker commences the\nwork, the person conducting a business or undertaking must give\ninformation about the lead process to the worker as soon as\npracticable after it is identified as lead risk work and before health\nmonitoring of the worker is provided under Division 4 of this Part.\n(3) The information that must be given is:\n(a) information about the health risks and toxic effects associated\nwith exposure to lead; and\n(b) if the lead process involves lead risk work – the need for, and\ndetails of, health monitoring under Division 4 of this Part.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 303\n","sortOrder":396},{"sectionNumber":"396","sectionType":"section","heading":"Containment of lead contamination","content":"396 Containment of lead contamination\nensure, so far as is reasonably practicable, that contamination by\nlead is confined to a lead process area at the workplace.\nNote for regulation 396\n","sortOrder":397},{"sectionNumber":"397","sectionType":"section","heading":"Cleaning methods","content":"397 Cleaning methods\nensure, so far as is reasonably practicable, that a lead process area\nat the workplace is kept clean.\n(2) The person must ensure that the methods used to clean a lead\nprocess area:\n(a) do not create a risk to the health of persons in the immediate\nvicinity of the area; and\n(b) do not have the potential to spread the contamination of lead.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 304\n","sortOrder":398},{"sectionNumber":"398","sectionType":"section","heading":"Prohibition on eating, drinking and smoking","content":"398 Prohibition on eating, drinking and smoking\ntake all reasonable steps to ensure that a person does not eat,\ndrink, chew gum, smoke or carry materials used for smoking in a\nlead process area at the workplace.\nprovide workers with an eating and drinking area that, so far as is\nreasonably practicable, cannot be contaminated with lead from a\nlead process.\n","sortOrder":399},{"sectionNumber":"399","sectionType":"section","heading":"Provision of changing and washing facilities","content":"399 Provision of changing and washing facilities\nprovide and maintain in good working order changing rooms and\nwashing, showering and toilet facilities at the workplace so as to:\n(a) minimise secondary lead exposure from contaminated\nclothing; and\n(b) minimise ingestion of lead; and\n(c) avoid the spread of lead contamination.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 305\nworkers at the workplace remove clothing and equipment that is or\nis likely to be contaminated with lead, and wash their hands and\nfaces, before entering an eating or drinking area at the workplace.\n","sortOrder":400},{"sectionNumber":"400","sectionType":"section","heading":"Laundering, disposal and removal of personal protective","content":"400 Laundering, disposal and removal of personal protective\nequipment\nensure that personal protective equipment that is likely to be\ncontaminated with lead dust:\n(a) is sealed in a container before being removed from the lead\nprocess area; and\ncompletion of the lead process work at a site equipped to\naccept lead-contaminated equipment; and\n(i) is laundered at a laundry, whether on-site or off-site,\nequipped to launder lead-contaminated clothing; or\n(ii) if it is not practicable to launder the clothing – is kept in\nthe sealed container until it is reused for lead process\n(i) is decontaminated before it is removed from the lead\nprocess area; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 306\nthe lead process area – is kept in the sealed container\nuntil it is reused for lead process work.\n(2) The person must ensure that a sealed container referred to in\nsubregulation (1) is decontaminated before being removed from the\nlead process area.\nNotes for subregulation (2)\n2 Regulation 335 also requires the container to be labelled to indicate the\npresence of lead.\n(3) The person must take all reasonable steps to ensure that clothing\ncontaminated with lead-dust is not removed from the workplace\nunless it is to be:\n(a) laundered in accordance with this regulation; or\n(b) disposed of.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 307\n","sortOrder":401},{"sectionNumber":"401","sectionType":"section","heading":"Review of control measures","content":"401 Review of control measures\nensure that any measures implemented to control health risks from\nexposure to lead at the workplace are reviewed and as necessary\nrevised in the following circumstances:\n(a) a worker is removed from carrying out lead risk work at the\nworkplace under regulation 415;\n(b) the person obtains a health monitoring report for a worker\nunder Division 4 that contains:\n(i) test results that indicate that the worker has reached or\nexceeded the relevant blood lead level for that worker\nunder regulation 415; and\n(ii) any advice that test results indicate that the worker may\nhave contracted a disease, injury or illness as a result of\ncarrying out the lead risk work that triggered the\nrequirement for health monitoring; and\n(iii) any recommendation that the person conducting the\nbusiness or undertaking take remedial measures,\nincluding a recommendation that the worker be removed\nfrom carrying out lead risk work at the workplace;\n(c) the control measure does not control the risk it was\nimplemented to control so far as is reasonably practicable;\n(d) before a change at the workplace that is likely to give rise to a\nnew or different risk to health or safety that the measure may\nnot effectively control;\n(e) a new relevant hazard or risk is identified;\n(f) the results of consultation by the person under the Act or\nthese Regulations indicate that a review is necessary;\n(g) a health and safety representative requests a review under\nsubregulation (3);\n(h) the regulator requires the review;\n(i) at least once every 5 years.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 308\nExamples for subregulation (1)(c)\n1 Results of any monitoring.\n2 A notifiable incident occurs because of the risk.\n(2) Without limiting subregulation (1)(d), a change at the workplace\n(a) a change to the workplace itself or any aspect of the work\nenvironment; or\n(b) a change to a system of work, a process or a procedure.\n(3) A health and safety representative for workers at a workplace may\nrequest a review of a control measure if the representative\nreasonably believes that:\n(a) a circumstance referred to in subregulation (1)(a), (b), (c), (d),\n(e) or (f) affects or may affect the health and safety of a\nmember of the work group represented by the health and\nsafety representative; and\n(b) the duty holder has not adequately reviewed the control\nmeasure in response to the circumstance.\n","sortOrder":402},{"sectionNumber":"402","sectionType":"section","heading":"Identifying lead risk work","content":"402 Identifying lead risk work\nassess each lead process carried out by the business or\nundertaking at the workplace to determine if lead risk work is\ncarried out in the process.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 309\n(2) In assessing a lead process, the person must have regard to the\n(a) past biological monitoring results of workers;\n(b) airborne lead levels;\n(c) the form of lead used;\n(d) the tasks and processes required to be undertaken with lead;\n(e) the likely duration and frequency of exposure to lead;\n(f) possible routes of exposure to lead;\n(g) any information about incidents, illnesses or diseases in\nrelation to the use of lead at the workplace.\n(3) In assessing a lead process, the person must not have regard to\nthe effect of using personal protective equipment on the health and\nsafety of workers at the workplace.\n(4) If a person conducting a business or undertaking at a workplace is\nunable to determine whether lead risk work is carried out in a lead\nprocess at the workplace, the process is taken to include lead risk\nwork until the person determines that lead risk work is not carried\nout in the process.\n","sortOrder":403},{"sectionNumber":"403","sectionType":"section","heading":"Notification of lead risk work","content":"403 Notification of lead risk work\n(1) Subject to subregulation (5), if a person conducting a business or\nundertaking at a workplace determines that work at the workplace\nis lead risk work, the person must give the regulator written notice\nwithin 7 days that the work is lead risk work.\n(2) A notice under this regulation must state the kind of lead process\nbeing carried out that includes the lead risk work.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 310\n(3) The person must:\n(a) keep a copy of the notice given to the regulator while the lead\nrisk work is carried out at the workplace; and\n(b) ensure that a copy of the notice is readily accessible to a\nworker who is likely to be exposed to lead, and the worker's\nhealth and safety representative.\n(4) Subregulation (5) applies to an emergency service organisation in\nrelation to work carried out by an emergency service worker who, at\nthe direction of the emergency service organisation, is:\n(a) rescuing a person; or\n(b) providing first aid to a person.\n(5) The emergency service organisation must give notice under\nsubregulation (1) as soon as practicable after determining that the\nwork is lead risk work.\n","sortOrder":404},{"sectionNumber":"404","sectionType":"section","heading":"Changes to information in notification of lead risk work","content":"404 Changes to information in notification of lead risk work\ngive the regulator written notice of any change in the information\ngiven in a notice under regulation 403 before the change or as soon\nas practicable after the person becomes aware of the change.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 311\n(2) The person must:\n(a) keep a copy of the notice given to the regulator while the lead\nrisk work is carried out at the workplace; and\n(b) ensure that a copy of the notice is readily accessible to a\nworker who is likely to be exposed to lead, and the worker's\nhealth and safety representative.\n","sortOrder":405},{"sectionNumber":"405","sectionType":"section","heading":"Duty to provide health monitoring before first commencing","content":"405 Duty to provide health monitoring before first commencing\nlead risk work\nensure that health monitoring is provided to a worker:\n(a) before the worker first commences lead risk work for the\n(b) 1 month after the worker first commences lead risk work for\nthe person.\n(2) If work is identified as lead risk work after a worker commences the\nwork, the person conducting the business or undertaking must\nensure that health monitoring of the worker is provided:\n(a) as soon as practicable after the lead risk work is identified;\nand\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 312\n(b) 1 month after the first monitoring of the worker under\nparagraph (a).\n","sortOrder":406},{"sectionNumber":"406","sectionType":"section","heading":"Duty to ensure that appropriate health monitoring is provided","content":"406 Duty to ensure that appropriate health monitoring is provided\nSubject to regulation 407, a person conducting a business or\nundertaking must ensure that health monitoring of a worker referred\nto in regulation 405 includes health monitoring of a type referred to\nin an item in Schedule 14, table 14.2 unless:\n(a) an equal or better type of health monitoring is available; and\n(b) the use of that other type of monitoring is recommended by a\nregistered medical practitioner with experience in health\nNote for regulation 406\n","sortOrder":407},{"sectionNumber":"407","sectionType":"section","heading":"Frequency of biological monitoring","content":"407 Frequency of biological monitoring\narrange for biological monitoring of each worker who carries out\nlead risk work for the person to be carried out at the following times:\n(a) during the transitional period:\n(i) for females not of reproductive capacity and males:\nless than 30 μg/dL (1.45 μmol/L) – 6 months after\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 313\n30 μg/dL (1.45 μmol/L) or more but less than\n40 μg/dL (1.93 μmol/L) – 3 months after the last\nbiological monitoring of the worker; or\n(C) if the last monitoring shows a blood lead level of\n40 μg/dL (1.93 μmol/L) or more – 6 weeks after the\nlast biological monitoring of the worker; or\n(ii) for females of reproductive capacity:\nless than 10 μg/dL (0.48 μmol/L) – 3 months after\n10 μg/dL (0.48 μmol/L) or more – 6 weeks after the\nlast biological monitoring of the worker;\n(b) after the transitional period:\n(i) for females not of reproductive capacity and males:\nless than 10 μg/dL (0.48 μmol/L) – 6 months after\n10 μg/dL (0.48 μmol/L) or more but less than\n20 μg/dL (0.97 μmol/L) – 3 months after the last\nbiological monitoring of the worker; or\n(C) if the last monitoring shows a blood lead level of\n20 μg/dL (0.97 μmol/L) or more – 6 weeks after the\nlast biological monitoring of the worker; or\n(ii) for females of reproductive capacity:\nless than 5 μg/dL (0.24 μmol/L) – 3 months after\n5 μg/dL (0.24 μmol/L) or more but less than\n10 μg/dL (0.48 μmol/L) – 6 weeks after the last\nbiological monitoring of the worker.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 314\n(2) The person must increase the frequency of biological monitoring of\na worker who carries out lead risk work if the worker carries out an\nactivity that is likely to significantly change the nature or increase\nthe duration or frequency of the worker's lead exposure.\n(3) The regulator may determine a different frequency for biological\nmonitoring of workers at a workplace, or a class of workers,\ncarrying out lead risk work having regard to:\n(a) the nature of the work and the likely duration and frequency of\nthe workers' lead exposure; and\n(b) the likelihood that the blood lead level of the workers will\nsignificantly increase.\n(4) The regulator must give a person conducting a business or\nundertaking written notice of a determination under\nsubregulation (3) within 14 days after making the determination.\n(5) The person conducting a business or undertaking at the workplace\nmust arrange for biological monitoring to be carried out at the\nfrequency stated in a determination notified to the person under\nsubregulation (4).\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 315\nNote for regulation 407\nA determination of a different frequency for biological monitoring is a reviewable\n","sortOrder":408},{"sectionNumber":"408","sectionType":"section","heading":"Duty to ensure health monitoring is supervised by registered","content":"408 Duty to ensure health monitoring is supervised by registered\nmedical practitioner with relevant experience\nthe health monitoring of a worker referred to in this Division is\n","sortOrder":409},{"sectionNumber":"409","sectionType":"section","heading":"Duty to pay costs of health monitoring","content":"409 Duty to pay costs of health monitoring\nexpenses relating to health monitoring referred to in this Division.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 316\n","sortOrder":410},{"sectionNumber":"410","sectionType":"section","heading":"Information that must be provided to registered medical","content":"410 Information that must be provided to registered medical\n(c) the lead risk work that the worker is, or will be, carrying out\nthat has triggered the requirement for health monitoring;\n(d) if the worker has started that work, how long the worker has\nNote for regulation 410\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 317\n","sortOrder":411},{"sectionNumber":"411","sectionType":"section","heading":"Duty to obtain health monitoring report","content":"411 Duty to obtain health monitoring report\n(1) A person conducting a business or undertaking who commissioned\nhealth monitoring referred to in this Division must take all\n(d) the date of health monitoring;\n(e) if a blood sample is taken – the date the blood sample is\ntaken;\n(f) the results of biological monitoring that indicate blood lead\nlevels in the worker's body;\n(g) the name of the pathology service used to carry out tests;\n(h) any test results that indicate that the worker has reached or\nexceeded the relevant blood lead level for that worker under\nregulation 415;\n(i) any advice that test results indicate that the worker may have\nout the lead risk work that triggered the requirement for health\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 318\n(j) any recommendation that the person conducting the business\n(k) whether medical counselling is required for the worker in\nNote for subregulation (2)(j)\nThe duty under regulation 415 to remove a worker from carrying out lead risk\nwork applies even if there is no recommendation of a registered medical\npractitioner to do so.\n","sortOrder":412},{"sectionNumber":"412","sectionType":"section","heading":"Duty to give health monitoring report to worker","content":"412 Duty to give health monitoring report to worker\nmonitoring report to the worker as soon as practicable after the\nperson obtains the report.\nNote for regulation 412\n","sortOrder":413},{"sectionNumber":"413","sectionType":"section","heading":"Duty to give health monitoring report to regulator","content":"413 Duty to give health monitoring report to regulator\nA person conducting a business or undertaking for which a worker\ngive a copy of the health monitoring report relating to the worker to\n(a) test results that indicate that the worker has reached or\nexceeded the relevant blood lead level for that person under\nregulation 415; or\n(b) any advice that test results indicate that the worker may have\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 319\n(c) any recommendation that the person conducting the business\nworker can continue to carry out the work that triggered the\nrequirement for health monitoring.\nNote for regulation 413\n","sortOrder":414},{"sectionNumber":"414","sectionType":"section","heading":"Duty to give health monitoring report to relevant persons","content":"414 Duty to give health monitoring report to relevant persons\nhealth monitoring for a worker under this Division must give a copy\nof the health monitoring report to all other persons conducting\nbusinesses or undertakings who have a duty to provide health\nmonitoring for the worker as soon as practicable after obtaining the\nreport.\nNote for regulation 414\n","sortOrder":415},{"sectionNumber":"415","sectionType":"section","heading":"Removal of worker from lead risk work","content":"415 Removal of worker from lead risk work\n(1) A person conducting a business or undertaking for which a worker\nis carrying out work must immediately remove the worker from\ncarrying out lead risk work if following health monitoring:\n(a) biological monitoring of the worker shows that the worker's\nblood lead level is, or is more than:\n(i) during the transitional period:\nmales – 50 μg/dL (2.42 μmol/L); or\n(B) for females of reproductive capacity – 20 μg/dL\n(0.97 μmol/L); or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 320\n(C) for females who are pregnant or breastfeeding –\n15 μg/dL (0.72 μmol/L); or\n(ii) after the transitional period:\nmales – 30 μg/dL (1.45 μmol/L); or\n(B) for females of reproductive capacity – 10 μg/dL\n(0.48 μmol/L); or\n(b) the registered medical practitioner who supervised the health\nmonitoring recommends that the worker be removed from\ncarrying out the lead risk work; or\n(c) there is an indication that a risk control measure has failed\nand, as a result, the worker's blood lead level is likely to reach\nthe relevant level for the worker referred to in paragraph (a).\n(2) The person must notify the regulator as soon as practicable if a\nworker is removed from carrying out lead risk work under\n","sortOrder":416},{"sectionNumber":"416","sectionType":"section","heading":"Duty to ensure medical examination if worker removed from","content":"416 Duty to ensure medical examination if worker removed from\nlead risk work\n(1) This regulation applies if a worker is removed from carrying out lead\nrisk work under regulation 415.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 321\n(2) The person conducting the business or undertaking who removes\nthe worker from carrying out lead risk work must arrange for the\nworker to be medically examined by a registered medical\npractitioner with experience in health monitoring within 7 days after\nthe day the worker is removed.\n(3) The person must consult the worker in the selection of the\nregistered medical practitioner.\n","sortOrder":417},{"sectionNumber":"417","sectionType":"section","heading":"Return to lead risk work after removal","content":"417 Return to lead risk work after removal\n(a) a worker is removed from carrying out lead risk work under\nregulation 415; and\n(b) the person conducting a business or undertaking at the\nworkplace who removed the worker expects the worker to\nreturn to carrying out lead risk work at the workplace.\n(2) The person conducting the business or undertaking must arrange\nfor health monitoring under the supervision of a registered medical\npractitioner with experience in health monitoring at a frequency\ndecided by the practitioner to determine whether the worker's blood\nlead level is low enough for the worker to return to carrying out lead\nrisk work.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 322\n(3) The person conducting the business or undertaking must ensure\nthat the worker does not return to carrying out lead risk work until:\n(a) the worker's blood lead level is less than:\n(i) during the transitional period:\nmales – 40 μg/dL (1.93 μmol/L); or\n(B) for females of reproductive capacity –\n10 μg/dL (0.48 μmol/L); or\n(ii) after the transitional period:\nmales – 20 μg/dL (0.97 μmol/L); or\n(B) for females of reproductive capacity –\n5 μg/dL (0.24 μmol/L); and\n(b) a registered medical practitioner with experience in health\nmonitoring is satisfied that the worker is fit to return to carrying\nout lead risk work.\n","sortOrder":418},{"sectionNumber":"418","sectionType":"section","heading":"Health monitoring records","content":"418 Health monitoring records\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 323\n(b) for at least 30 years after the record is made.\nregulation 412, 413 or 414 or to a person who must keep the record\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 324\n","sortOrder":419},{"sectionNumber":"419","sectionType":"section","heading":"Work involving asbestos or ACM – prohibitions and","content":"419 Work involving asbestos or ACM – prohibitions and\nexceptions\n(1) A person conducting a business or undertaking must not carry out,\nor direct or allow a worker to carry out, work involving asbestos.\n(2) In this regulation, work involves asbestos if the work involves\nmanufacturing, supplying, transporting, storing, removing, using,\ninstalling, handling, treating, disposing of or disturbing asbestos or\nACM.\n(3) Subregulation (1) does not apply if the work involving asbestos is\nany of the following:\n(a) genuine research and analysis;\n(b) sampling and identification in accordance with these\n(c) maintenance of, or service work on, non-friable asbestos or\nACM, fixed or installed before 31 December 2003, in\naccordance with these Regulations;\n(d) removal or disposal of asbestos or ACM, including demolition,\nin accordance with these Regulations;\n(e) the transport and disposal of asbestos or asbestos waste in\naccordance with the Waste Management and Pollution Control\nAct 1998;\n(f) demonstrations, education or practical training in relation to\nasbestos or ACM;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 325\n(g) display, or preparation or maintenance for display, of an\nartefact or thing that is, or includes, asbestos or ACM;\n(h) management in accordance with these Regulations of in situ\nasbestos that was installed or fixed before 31 December 2003;\n(i) work that disturbs asbestos during mining operations that\ninvolve the extraction of, or exploration for, a mineral other\nthan asbestos;\n(j) laundering asbestos contaminated clothing in accordance with\nthese Regulations.\n(4) Subregulation (1) does not apply if the regulator approves the\nmethod adopted for managing risk associated with asbestos.\n(5) Subregulation (1) does not apply to the following:\n(a) soil that a competent person has determined:\n(i) does not contain any visible ACM or friable asbestos; or\n(ii) if friable asbestos is visible – does not contain more than\ntrace levels of asbestos determined in accordance with\nAS 4964:2004 (Method for the qualitative identification of\nasbestos in bulk samples);\n(b) naturally occurring asbestos managed in accordance with an\nasbestos management plan prepared under regulation 432.\n","sortOrder":420},{"sectionNumber":"420","sectionType":"section","heading":"Exposure to airborne asbestos at workplace","content":"420 Exposure to airborne asbestos at workplace\n(a) exposure of a person at the workplace to airborne asbestos is\neliminated so far as is reasonably practicable; and\n(b) if it not reasonably practicable to eliminate exposure to\nairborne asbestos – exposure is minimised so far as is\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 326\nensure that the exposure standard for asbestos is not exceeded at\n(3) Subregulations (1)(a) and (2) do not apply in relation to an asbestos\nremoval area:\n(a) that is enclosed to prevent the release of respirable asbestos\nfibres in accordance with regulation 477; and\n(b) in which negative pressure is used in accordance with that\n","sortOrder":421},{"sectionNumber":"421","sectionType":"section","heading":"Application of Part 8.3","content":"421 Application of Part 8.3\n(1) This Part does not apply to naturally occurring asbestos.\n(2) Regulations 425, 426, 427, 428, 429 and 430 do not apply to any\npart of residential premises that is used only for residential\npurposes.\n","sortOrder":422},{"sectionNumber":"422","sectionType":"section","heading":"Asbestos to be identified or assumed at workplace","content":"422 Asbestos to be identified or assumed at workplace\n(1) A person with management or control of a workplace must ensure,\nso far as is reasonably practicable, that all asbestos or ACM at the\nworkplace is identified by a competent person.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 327\n(2) A person with management or control of a workplace must:\n(a) if material at the workplace cannot be identified but a\ncompetent person reasonably believes that the material is\nasbestos or ACM – assume that the material is asbestos; and\n(b) if part of the workplace is inaccessible to workers and likely to\ncontain asbestos or ACM – assume that asbestos is present in\nthe part of the workplace.\n(3) Subregulation (1) does not apply if the person:\n(a) assumes that asbestos or ACM is present; or\n(b) has reasonable grounds to believe that asbestos or ACM is\nnot present.\n(4) If asbestos or ACM is assumed to be present at a workplace, it is\ntaken to be identified at the workplace.\n","sortOrder":423},{"sectionNumber":"423","sectionType":"section","heading":"Analysis of sample","content":"423 Analysis of sample\n(1) A person with management or control of a workplace may identify\nasbestos or ACM by arranging for a sample of material at the\nworkplace to be analysed for the presence of asbestos or ACM.\n(2) If a person with management or control of a workplace arranges for\nan analysis, the person must ensure that the sample is analysed\nonly by:\n(a) a NATA-accredited laboratory accredited for the relevant test\nmethod; or\n(b) a laboratory approved by the regulator in accordance with\nguidelines published by Safe Work Australia; or\n(c) a laboratory operated by the regulator.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 328\n","sortOrder":424},{"sectionNumber":"424","sectionType":"section","heading":"Presence and location of asbestos to be indicated","content":"424 Presence and location of asbestos to be indicated\nA person with management or control of a workplace must ensure\n(a) the presence and location of asbestos or ACM identified at the\nworkplace under regulation 422 is clearly indicated; and\n(b) if it is reasonably practicable to do so, indicate the presence\nand location of the asbestos or ACM by a label.\nNote for regulation 424\n","sortOrder":425},{"sectionNumber":"425","sectionType":"section","heading":"Asbestos register","content":"425 Asbestos register\n(1) A person with management or control of a workplace must ensure\nthat a register (an asbestos register) is prepared and kept at the\n(2) The person must ensure that the asbestos register is maintained to\nensure the information in the register is up-to-date.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 329\n(3) The asbestos register must:\n(a) record any asbestos or ACM identified at the workplace under\nregulation 422, or likely to be present at the workplace from\ntime to time including:\n(i) the date on which the asbestos or ACM was identified;\nand\n(ii) the location, type and condition of the asbestos or ACM;\nor\n(b) state that no asbestos or ACM is identified at the workplace if\nthe person knows that no asbestos or ACM is identified, or is\nlikely to be present from time to time, at the workplace.\n(4) The person is not required to prepare an asbestos register for a\nworkplace if a register has already been prepared for that\n(5) Subject to subregulation (6), this regulation applies to buildings\nwhenever constructed.\n(6) This regulation does not apply to a workplace if:\n(a) the workplace is a building that was constructed after\n31 December 2003; and\n(b) no asbestos has been identified at the workplace; and\n(c) no asbestos is likely to be present at the workplace from time\nto time.\n","sortOrder":426},{"sectionNumber":"426","sectionType":"section","heading":"Review of asbestos register","content":"426 Review of asbestos register\nA person with management or control of a workplace where an\nasbestos register is kept must ensure that the register is reviewed\nand as necessary revised if:\n(a) the asbestos management plan is reviewed under\nregulation 430; or\n(b) further asbestos or ACM is identified at the workplace; or\n(c) asbestos is removed from, or disturbed, sealed or enclosed at,\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 330\nNote for regulation 426\n","sortOrder":427},{"sectionNumber":"427","sectionType":"section","heading":"Access to asbestos register","content":"427 Access to asbestos register\n(1) A person with management or control of a workplace where an\nasbestos register is kept must ensure that the asbestos register is\nreadily accessible to:\n(2) If a person conducting a business or undertaking carries out, or\nintends to carry out, work at a workplace that involves a risk of\nexposure to airborne asbestos, the person with management or\ncontrol of the workplace must ensure that the person is given a\ncopy of the asbestos register.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 331\n","sortOrder":428},{"sectionNumber":"428","sectionType":"section","heading":"Transfer of asbestos register by person relinquishing","content":"428 Transfer of asbestos register by person relinquishing\nIf a person with management or control of a workplace plans to\nrelinquish management or control of the workplace, the person\nmust ensure, so far as is reasonably practicable, that the asbestos\nregister is given to the person, if any, assuming management or\ncontrol of the workplace.\nNote for regulation 428\n","sortOrder":429},{"sectionNumber":"429","sectionType":"section","heading":"Asbestos management plan","content":"429 Asbestos management plan\n(1) This regulation applies if asbestos or ACM is:\n(a) identified at a workplace under regulation 422; or\n(b) likely to be present at a workplace from time to time.\n(2) A person with management or control of the workplace must ensure\nthat a written plan (an asbestos management plan) for the\nworkplace is prepared.\n(3) A person with management or control of the workplace must ensure\nthat the asbestos management plan is maintained to ensure the\ninformation in the plan is up-to-date.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 332\n(4) An asbestos management plan must include information about the\n(a) the identification of asbestos or ACM;\n(b) decisions, and reasons for decisions, about the management\nof asbestos at the workplace;\n(c) procedures for detailing incidents or emergencies involving\nasbestos or ACM at the workplace;\n(d) workers carrying out work involving asbestos.\nExample for subregulation (4)(a)\nA reference or link to the asbestos register for the workplace and signage and\nlabelling.\nExample for subregulation (4)(b)\nSafe work procedures and control measures.\nExample for subregulation (4)(c)\nConsultation, responsibilities, information and training.\n(5) A person with management or control of a workplace must ensure\nthat a copy of the asbestos management plan for the workplace is\nreadily accessible to:\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 333\n","sortOrder":430},{"sectionNumber":"430","sectionType":"section","heading":"Review of asbestos management plan","content":"430 Review of asbestos management plan\n(1) A person with management or control of a workplace that has an\nasbestos management plan must ensure that the plan is reviewed\nand as necessary revised in the following circumstances:\n(a) there is a review of the asbestos register or a control measure;\n(b) asbestos is removed from, or disturbed, sealed or enclosed at,\nthe workplace;\n(c) the plan is no longer adequate for managing asbestos or ACM\nat the workplace;\n(d) a health and safety representative requests a review under\nsubregulation (2);\n(e) at least once every 5 years.\n(2) A health and safety representative for workers at a workplace may\nrequest a review of an asbestos management plan if the\nrepresentative reasonably believes that:\n(a) a circumstance referred to in subregulation (1)(a), (b) or (c)\naffects or may affect the health and safety of a member of the\nwork group represented by the health and safety\n(b) the person with management and control of the workplace has\nnot adequately reviewed the asbestos management plan in\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 334\n","sortOrder":431},{"sectionNumber":"431","sectionType":"section","heading":"Naturally occurring asbestos","content":"431 Naturally occurring asbestos\nassociated with naturally occurring asbestos at the workplace.\nNote for regulation 431\n","sortOrder":432},{"sectionNumber":"432","sectionType":"section","heading":"Asbestos management plan","content":"432 Asbestos management plan\n(1) This regulation applies if naturally occurring asbestos is:\n(a) identified at a workplace; or\n(b) likely to be present at a workplace.\n(2) A person with management or control of the workplace must ensure\nthat a written plan (an asbestos management plan) for the\nworkplace is prepared in relation to the naturally occurring\nasbestos.\n(3) A person with management or control of the workplace must ensure\nthat the asbestos management plan is maintained to ensure the\ninformation in the plan is up-to-date.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 335\n(4) An asbestos management plan must include information about the\n(a) the identification of naturally occurring asbestos;\n(b) decisions, and reasons for decisions, about the management\nof naturally occurring asbestos at the workplace;\n(c) procedures for detailing incidents or emergencies involving\nnaturally occurring asbestos at the workplace;\n(d) workers carrying out work involving naturally occurring\nasbestos.\nExample for subregulation (4)(b)\nSafe work procedures and control measures.\nExample for subregulation (4)(d)\nConsultation, responsibilities, information and training.\n(5) A person with management or control of a workplace must ensure\nthat a copy of the asbestos management plan for naturally\noccurring asbestos at the workplace is readily accessible to:\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 336\n","sortOrder":433},{"sectionNumber":"433","sectionType":"section","heading":"Review of asbestos management plan","content":"433 Review of asbestos management plan\nA person with management or control of a workplace that has an\nasbestos management plan for naturally occurring asbestos must\nensure that the plan is reviewed and as necessary revised if the\nplan is no longer adequate for managing naturally occurring\nasbestos at the workplace.\nNote for regulation 433\nExample for regulation 433\nA control measure is revised under regulation 38.\n","sortOrder":434},{"sectionNumber":"434","sectionType":"section","heading":"Training in relation to naturally occurring asbestos","content":"434 Training in relation to naturally occurring asbestos\nthe training required under regulation 445 includes training in the\nhazards and risks associated with naturally occurring asbestos for\nworkers who carry out work where naturally occurring asbestos is\nlikely to be found.\nNote for regulation 434\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 337\n","sortOrder":435},{"sectionNumber":"435","sectionType":"section","heading":"Duty to provide health monitoring","content":"435 Duty to provide health monitoring\nhealth monitoring is provided, in accordance with regulation 436, to\na worker carrying out work for the business or undertaking if the\nworker is:\n(a) carrying out licensed asbestos removal work at a workplace\nand is at risk of exposure to asbestos when carrying out the\nwork; or\n(b) is carrying out other ongoing asbestos removal work or\nasbestos-related work and is at risk of exposure to asbestos\nwhen carrying out the work.\n(2) For the purposes of subregulation (1)(a), the person must ensure\nthat the health monitoring of the worker commences before the\nworker carries out licensed asbestos removal work.\n(3) The person must ensure that the worker is informed of any health\nmonitoring requirements before the worker carries out any work that\nmay expose the worker to asbestos.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 338\n","sortOrder":436},{"sectionNumber":"436","sectionType":"section","heading":"Duty to ensure that appropriate health monitoring is provided","content":"436 Duty to ensure that appropriate health monitoring is provided\nthe health monitoring of a worker referred to in regulation 435\n(a) consideration of:\n(i) the worker's demographic, medical and occupational\nhistory; and\n(ii) records of the worker's personal exposure; and\n(b) a physical examination of the worker;\nunless another type of health monitoring is recommended by a\nregistered medical practitioner.\nNote for regulation 436\n","sortOrder":437},{"sectionNumber":"437","sectionType":"section","heading":"Duty to ensure health monitoring is supervised by registered","content":"437 Duty to ensure health monitoring is supervised by registered\nmedical practitioner with relevant experience\nthe health monitoring of a worker referred to in regulation 435 is\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 339\n","sortOrder":438},{"sectionNumber":"438","sectionType":"section","heading":"Duty to pay costs of health monitoring","content":"438 Duty to pay costs of health monitoring\nexpenses relating to health monitoring referred to in regulation 435.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 340\n","sortOrder":439},{"sectionNumber":"439","sectionType":"section","heading":"Information that must be provided to registered medical","content":"439 Information that must be provided to registered medical\n(c) the work that the worker is, or will be, carrying out that has\n(d) if the worker has started that work, how long the worker has\nNote for regulation 439\n","sortOrder":440},{"sectionNumber":"440","sectionType":"section","heading":"Duty to obtain health monitoring report","content":"440 Duty to obtain health monitoring report\n(1) A person conducting a business or undertaking who commissioned\nhealth monitoring referred to in regulation 435 must take all\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 341\n(d) the date of health monitoring;\n(e) any advice that test results indicate that the worker may have\n(f) any recommendation that the person conducting the business\n(g) whether medical counselling is required for the worker in\n","sortOrder":441},{"sectionNumber":"441","sectionType":"section","heading":"Duty to give health monitoring report to worker","content":"441 Duty to give health monitoring report to worker\nmonitoring report to the worker as soon as practicable after the\nperson obtains the report.\nNote for regulation 441\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 342\n","sortOrder":442},{"sectionNumber":"442","sectionType":"section","heading":"Duty to give health monitoring report to regulator","content":"442 Duty to give health monitoring report to regulator\nA person conducting a business or undertaking for which a worker\ngive a copy of the health monitoring report relating to a worker to\n(a) any advice that test results indicate that the worker may have\n(b) any recommendation that the person conducting the business\nworker can continue to carry out the work referred to in\nregulation 435.\nNote for regulation 442\n","sortOrder":443},{"sectionNumber":"443","sectionType":"section","heading":"Duty to give health monitoring report to relevant persons","content":"443 Duty to give health monitoring report to relevant persons\nmonitoring report to all other persons conducting businesses or\nundertakings who have a duty to provide health monitoring for the\nworker as soon as practicable after obtaining the report.\nNote for regulation 443\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 343\n","sortOrder":444},{"sectionNumber":"444","sectionType":"section","heading":"Health monitoring records","content":"444 Health monitoring records\n(b) for at least 40 years after the record is made.\nregulation 442 or 443 or to a person who must keep the record\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 344\n","sortOrder":445},{"sectionNumber":"445","sectionType":"section","heading":"Duty to train workers about asbestos","content":"445 Duty to train workers about asbestos\n(1) In addition to the training required by Part 3.2, Division 1, a person\nconducting a business or undertaking must ensure that workers\nengaged by the person, whom the person reasonably believes may\nbe involved in asbestos removal work or in the carrying out of\nasbestos-related work, are trained in the identification and safe\nhandling of, and suitable control measures for, asbestos and ACM.\n(2) This regulation does not apply in relation to a worker referred to in\nregulation 460.\n(3) The person must ensure that a record is kept of the training\nundertaken by the worker:\n(a) while the worker is carrying out the work; and\n(b) for 5 years after the day the worker ceases working for the\n(4) The person must keep the record available for inspection under the\nAct.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 345\n","sortOrder":446},{"sectionNumber":"446","sectionType":"section","heading":"Duty to limit use of equipment","content":"446 Duty to limit use of equipment\n(1) A person conducting a business or undertaking must not use, or\ndirect or allow a worker to use, either of the following on asbestos\nor ACM:\n(a) high-pressure water spray;\n(b) compressed air.\n(2) Subregulation (1)(a) does not apply to the use of a high pressure\nwater spray for fire fighting or fire protection purposes.\n(3) A person conducting a business or undertaking must not use, or\ndirect or allow a worker to use, any of the following equipment on\nasbestos or ACM unless the use of the equipment is controlled:\n(a) power tools;\n(b) brooms;\n(c) any other implements that cause the release of airborne\nasbestos into the atmosphere.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 346\n(4) In subregulation (3), the use of equipment is controlled if:\n(a) the equipment is enclosed during its use; or\n(b) the equipment is designed to capture or suppress airborne\nasbestos and is used in accordance with its design; or\n(c) the equipment is used in a way that is designed to capture or\nsuppress airborne asbestos safely; or\n(d) any combination of paragraphs (a), (b) and (c) applies.\n","sortOrder":447},{"sectionNumber":"447","sectionType":"section","heading":"Application of Part 8.6","content":"447 Application of Part 8.6\n(1) This Part applies to the demolition or refurbishment of a structure or\nplant constructed or installed before 31 December 2003.\ndemolition or refurbishment does not include minor or routine\nmaintenance work, or other minor work.\n","sortOrder":448},{"sectionNumber":"448","sectionType":"section","heading":"Review of asbestos register","content":"448 Review of asbestos register\nensure that, before demolition or refurbishment is carried out at the\nworkplace, the asbestos register for the workplace is:\n(a) reviewed; and\n(b) if the register is inadequate having regard to the proposed\ndemolition or refurbishment – revised.\nNote for regulation 448\nExample for regulation 448\nThe register identifies an inaccessible area that is likely to contain asbestos and\nthe area is likely to be accessible because of demolition.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 347\n","sortOrder":449},{"sectionNumber":"449","sectionType":"section","heading":"Duty to give asbestos register to person conducting business","content":"449 Duty to give asbestos register to person conducting business\nor undertaking of demolition or refurbishment\nensure that the person conducting a business or undertaking who\ncarries out the demolition or refurbishment is given a copy of the\nasbestos register before the demolition or refurbishment is\ncommenced.\nNote for regulation 449\n","sortOrder":450},{"sectionNumber":"450","sectionType":"section","heading":"Duty to obtain asbestos register","content":"450 Duty to obtain asbestos register\nA person conducting a business or undertaking who carries out\ndemolition or refurbishment at a workplace must obtain a copy of\nthe asbestos register from the person with management or control\nof the workplace, before the person commences the demolition or\nrefurbishment.\nNote for regulation 450\n","sortOrder":451},{"sectionNumber":"451","sectionType":"section","heading":"Determining presence of asbestos or ACM","content":"451 Determining presence of asbestos or ACM\n(a) demolition or refurbishment is to be carried out at a workplace;\nand\n(b) there is no asbestos register for the structure or plant to be\ndemolished or refurbished at the workplace.\n(2) The person conducting a business or undertaking who is to carry\nout the demolition or refurbishment must not carry out the\ndemolition or refurbishment until the structure or plant has been\ninspected to determine whether asbestos or ACM is fixed to or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 348\ninstalled in the structure or plant.\n(3) The person conducting a business or undertaking who is to carry\nout the demolition or refurbishment must ensure that the\ndetermination is undertaken by a competent person.\n(4) The person conducting a business or undertaking who is to carry\nout the demolition or refurbishment must assume that asbestos\nor ACM is fixed to or installed in the structure or plant if:\n(a) the competent person is, on reasonable grounds, uncertain\nwhether or not asbestos is fixed to or installed in the structure\nor plant; or\n(b) part of the structure or plant is inaccessible and likely to be\ndisturbed.\n(5) If asbestos or ACM is determined or assumed to be fixed to or\ninstalled in the structure or plant, the person conducting a business\nor undertaking who is to carry out the demolition or refurbishment\nmust inform:\n(a) if the workplace is residential premises:\n(i) the occupier of the premises; and\n(ii) the owner of the premises; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 349\n(b) in any other case – the person with management or control of\n","sortOrder":452},{"sectionNumber":"452","sectionType":"section","heading":"Identification and removal of asbestos before demolition","content":"452 Identification and removal of asbestos before demolition\n(1) This regulation applies if a structure or plant at a workplace is to be\ndemolished.\n(2) This regulation does not apply:\n(a) in an emergency to which regulation 454 applies; or\n(b) to residential premises.\n(3) The person with management or control of the workplace, or of the\nstructure or plant, must ensure:\n(a) that all asbestos that is likely to be disturbed by the demolition\nis identified; and\nremoved before the demolition is commenced.\n(4) Subregulation (3)(b) does not apply if the purpose of the demolition\nis to gain access to the asbestos.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 350\n","sortOrder":453},{"sectionNumber":"453","sectionType":"section","heading":"Identification and removal of asbestos before demolition of","content":"453 Identification and removal of asbestos before demolition of\nresidential premises\n(1) A person conducting a business or undertaking that is to carry out\nthe demolition of residential premises must ensure:\n(a) that all asbestos that is likely to be disturbed by the demolition\nis identified; and\nremoved before the demolition is commenced.\n(2) This regulation does not apply in an emergency to which\nregulation 455 applies.\n(3) Subregulation (1)(b) does not apply if the purpose of the demolition\nis to gain access to the asbestos.\n","sortOrder":454},{"sectionNumber":"454","sectionType":"section","heading":"Emergency procedure","content":"454 Emergency procedure\n(a) an emergency occurs at a workplace other than residential\npremises; and\n(b) a structure or plant at the workplace must be demolished; and\n(c) asbestos is fixed to or installed in the structure or plant before\nthe emergency occurs.\n(2) The person with management or control of the workplace must\nensure, so far as is reasonably practicable, that:\n(a) before the demolition is commenced, a procedure is\ndeveloped that will, so far as is reasonably practicable, reduce\nthe risk of exposure of workers and persons in the vicinity of\nthe demolition site to asbestos to below the exposure\nstandard; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 351\n(b) the asbestos register for the workplace is considered in the\ndevelopment of the procedure.\n(3) The person must ensure that the regulator is given written notice\nabout the emergency:\n(a) immediately after the person becomes aware of the\n(b) before the demolition is commenced.\n(4) For the purposes of this regulation, an emergency occurs if:\n(a) a structure or plant is structurally unsound; or\n(b) collapse of the structure or plant is imminent.\n","sortOrder":455},{"sectionNumber":"455","sectionType":"section","heading":"Emergency procedure – residential premises","content":"455 Emergency procedure – residential premises\n(a) an emergency occurs at residential premises; and\n(b) a structure or plant at the premises must be demolished; and\n(c) asbestos is fixed to or installed in the structure or plant before\nthe emergency occurs.\n(2) A person conducting a business or undertaking who is to carry out\nthe demolition of the residential premises must ensure so far as is\nreasonably practicable, that, before the demolition is commenced, a\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 352\nprocedure is developed that will, so far as is reasonably practicable,\nreduce the risk of exposure of workers and persons in the vicinity of\nthe demolition site to asbestos to below the exposure standard.\n(3) The person must ensure that the regulator is given written notice\nabout the emergency:\n(a) immediately after the person becomes aware of the\n(b) before the demolition is commenced.\n(4) For the purposes of this regulation, an emergency occurs if:\n(a) a structure or plant is structurally unsound; or\n(b) collapse of the structure or plant is imminent.\n","sortOrder":456},{"sectionNumber":"456","sectionType":"section","heading":"Identification and removal of asbestos before refurbishment","content":"456 Identification and removal of asbestos before refurbishment\n(1) This regulation applies if a structure or plant at a workplace is to be\nrefurbished.\n(2) This regulation does not apply to residential premises.\n(3) The person with management or control of the workplace, or of the\nstructure or plant, must ensure:\n(a) that all asbestos that is likely to be disturbed by the\nrefurbishment is identified; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 353\nremoved before the refurbishment is commenced.\n","sortOrder":457},{"sectionNumber":"457","sectionType":"section","heading":"Refurbishment of residential premises","content":"457 Refurbishment of residential premises\nA person conducting a business or undertaking who is to carry out\nrefurbishment of residential premises must ensure:\n(a) that all asbestos that is likely to be disturbed by the\nrefurbishment is identified; and\nremoved before the refurbishment is commenced.\nNote for regulation 457\nNote for Part 8.7\nIn this Part some duties are placed on licensed asbestos removalists and some\non asbestos removalists generally.\n","sortOrder":458},{"sectionNumber":"458","sectionType":"section","heading":"Duty to ensure asbestos removalist is licensed","content":"458 Duty to ensure asbestos removalist is licensed\n(1) A person conducting a business or undertaking that commissions\nthe removal of asbestos must ensure that the asbestos removal\nwork is carried out by a licensed asbestos removalist who is\nlicensed to carry out the work.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 354\n(2) Subregulation (1) does not apply if the asbestos to be removed is:\n(a) 10 m 2 or less of non-friable asbestos or ACD associated with\nthe removal of that amount of non-friable asbestos; or\n(b) ACD that is not associated with the removal of friable or\nnon-friable asbestos and is only a minor contamination.\n(3) If subregulation (2) applies, the person conducting the business or\nundertaking that commissions the asbestos removal work must\nensure that the work is carried out by a competent person who has\nbeen trained in accordance with regulation 445.\n","sortOrder":459},{"sectionNumber":"459","sectionType":"section","heading":"Asbestos removal supervisor must be present or readily","content":"459 Asbestos removal supervisor must be present or readily\navailable\nA licensed asbestos removalist must ensure that the nominated\nasbestos removal supervisor for asbestos removal work is:\n(a) if the asbestos removal work requires a Class A asbestos\nremoval licence – present at the asbestos removal area\nwhenever the asbestos removal work is being carried out; and\n(b) if the asbestos removal work requires a Class B asbestos\nremoval licence – readily available to a worker carrying out\nasbestos removal work whenever the work is being carried\nout.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 355\nNote for regulation 459\n","sortOrder":460},{"sectionNumber":"460","sectionType":"section","heading":"Asbestos removal worker must be trained","content":"460 Asbestos removal worker must be trained\n(1) A licensed asbestos removalist must not direct or allow a worker to\ncarry out licensed asbestos removal work unless the removalist is\nsatisfied that the worker holds a certification in relation to the\nspecified VET course for asbestos removal relevant to the class of\nlicensed asbestos removal work to be carried out by the worker.\n(2) A licensed asbestos removalist must provide appropriate training to\na worker carrying out licensed asbestos removal work at a\nworkplace to ensure that the work is carried out in accordance with\nthe asbestos removal control plan for the workplace.\nappropriate training means training designed specifically for the\nworkplace where the licensed asbestos removal work is carried out\nand the work to be carried out at the workplace.\nNote for regulation 460\nUnless this regulation applies, the obligation to provide training to workers\ncarrying out unlicensed asbestos removal work is set out in regulation 445.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 356\n","sortOrder":461},{"sectionNumber":"461","sectionType":"section","heading":"Licensed asbestos removalist must keep training records","content":"461 Licensed asbestos removalist must keep training records\n(1) A licensed asbestos removalist must keep a record of the training\nundertaken by a worker carrying out licensed asbestos removal\nwork:\n(a) while the worker is carrying out licensed asbestos removal\n(b) for 5 years after the day the worker stopped carrying out\nlicensed asbestos removal work for the removalist.\n(2) The licensed asbestos removalist must ensure that the training\nrecord is readily accessible at the asbestos removal area and\n","sortOrder":462},{"sectionNumber":"462","sectionType":"section","heading":"Duty to give information about health risks of licensed","content":"462 Duty to give information about health risks of licensed\nasbestos removal work\nA licensed asbestos removalist must give the following information\nto a person likely to be engaged to carry out licensed asbestos\nremoval work before the person is engaged to carry out the work:\n(a) the health risks and health effects associated with exposure to\nasbestos;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 357\n(b) the need for, and details of, health monitoring of a worker\ncarrying out licensed asbestos removal work.\nNote for regulation 462\n","sortOrder":463},{"sectionNumber":"463","sectionType":"section","heading":"Asbestos removalist must obtain register","content":"463 Asbestos removalist must obtain register\n(1) A licensed asbestos removalist must obtain a copy of the asbestos\nregister for a workplace before the removalist carries out asbestos\nremoval work at the workplace.\n(2) Subregulation (1) does not apply if the asbestos removal work is to\nbe carried out at residential premises.\n","sortOrder":464},{"sectionNumber":"464","sectionType":"section","heading":"Asbestos removal control plan","content":"464 Asbestos removal control plan\n(1) A licensed asbestos removalist must prepare an asbestos removal\ncontrol plan for any licensed asbestos removal work the removalist\nis commissioned to undertake.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 358\n(2) An asbestos removal control plan must include:\n(a) details of how the asbestos removal will be carried out,\nincluding the method to be used and the tools, equipment and\npersonal protective equipment to be used; and\n(b) details of the asbestos to be removed, including the location,\ntype and condition of the asbestos.\n(3) The licensed asbestos removalist must give a copy of the asbestos\nremoval control plan to the person who commissioned the licensed\n","sortOrder":465},{"sectionNumber":"465","sectionType":"section","heading":"Asbestos removal control plan to be kept and available","content":"465 Asbestos removal control plan to be kept and available\n(1) Subject to subregulation (2), a licensed asbestos removalist must\nensure that a copy of the asbestos removal control plan prepared\nunder regulation 464 is kept until the asbestos removal work to\nwhich it relates is completed.\n(2) If a notifiable incident occurs in connection with the asbestos\nremoval work to which the asbestos removal control plan relates,\nthe licensed asbestos removalist must keep the asbestos removal\ncontrol plan for at least 2 years after the incident occurs.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 359\n(3) The licensed asbestos removalist must ensure that, for the period\nfor which the asbestos removal control plan must be kept under this\nregulation, a copy is:\n(a) readily accessible to:\n(i) a person conducting a business or undertaking at the\n(ii) the person's workers at the workplace, or a health and\nsafety representative who represents the workers; and\n(iii) if the asbestos removal work is to be carried out in\nresidential premises – the occupants of the premises;\nand\n(b) available for inspection under the Act.\n","sortOrder":466},{"sectionNumber":"466","sectionType":"section","heading":"Regulator must be notified of asbestos removal","content":"466 Regulator must be notified of asbestos removal\n(1) A licensed asbestos removalist must give written notice to the\nregulator at least 5 days before the removalist commences licensed\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 360\n(2) Despite subregulation (1), licensed asbestos removal work may be\ncommenced immediately if there is:\n(a) a sudden and unexpected event, including a failure of\nequipment, that may cause persons to be exposed to\nrespirable asbestos fibres; or\n(b) an unexpected breakdown of an essential service that\nrequires immediate rectification to enable the service to\ncontinue.\n(3) If the asbestos must be removed immediately, the licensed\nasbestos removalist must give notice to the regulator:\n(a) immediately by telephone; and\n(b) in writing within 24 hours after notice is given under\nparagraph (a).\n(4) A notice under subregulation (1) or (3) must include the following:\n(a) the following in relation to the licensed asbestos removalist:\n(i) name;\n(ii) registered business name;\n(iii) Australian Business Number;\n(iv) licence number;\n(v) business contact details;\n(b) the name and business contact details of the supervisor of the\nlicensed asbestos removal work;\n(c) the name of the competent person or licensed asbestos\nassessor engaged to carry out a clearance inspection and\nissue a clearance certificate for the work;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 361\n(d) the name and contact details of the person for whom the work\nis to be carried out;\n(e) the following in relation to the workplace where the asbestos is\nto be removed:\n(i) the name, including the registered business or company\nname, of the person with management or control of the\n(ii) the address and, if the workplace is large, the specific\nlocation of the asbestos removal;\n(iii) the kind of workplace;\n(f) the date of the notice;\n(g) the date when the asbestos removal work is to commence and\nthe estimated duration of the work;\n(h) whether the asbestos to be removed is friable or non-friable;\n(i) if the asbestos to be removed is friable – the way the area of\nremoval will be enclosed;\n(j) the estimated quantity of asbestos to be removed;\n(k) the number of workers who are to carry out the asbestos\n(l) for each worker who is to carry out asbestos removal work –\ndetails of the worker's competency to carry out asbestos\n","sortOrder":467},{"sectionNumber":"467","sectionType":"section","heading":"Licensed asbestos removalist must inform certain persons","content":"467 Licensed asbestos removalist must inform certain persons\nabout intended asbestos removal work\n(1) This regulation applies if a licensed asbestos removalist is to carry\nout licensed asbestos removal work at a workplace.\n(2) The licensed asbestos removalist must, before commencing the\nlicensed asbestos removal work, inform the person with\nmanagement or control of the workplace:\n(a) that licensed asbestos removal work is to be carried out at the\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 362\n(b) when the work is to commence.\n(3) If the workplace is residential premises, the licensed asbestos\nremovalist must, so far as is reasonably practicable, before\ncommencing the licensed asbestos removal work, inform the\nfollowing persons that asbestos removal work is to be carried out at\nthe workplace, and when the work is to commence:\n(a) the person who commissioned the asbestos removal work;\n(b) a person conducting a business or undertaking at the\n(c) the occupier of the residential premises;\n(d) the owner of the residential premises;\n(e) anyone occupying premises in the immediate vicinity of the\n","sortOrder":468},{"sectionNumber":"468","sectionType":"section","heading":"Person with management or control of workplace must inform","content":"468 Person with management or control of workplace must inform\npersons about asbestos removal work\n(1) This regulation applies if the person with management or control of\na workplace is informed that asbestos removal work is to be carried\nout at the workplace.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 363\n(2) The person must ensure that the following persons are informed\nthat asbestos removal work is to be carried out at the workplace\nand when the work is to commence, before the work commences:\n(a) the person's workers and any other persons at the workplace;\n(b) the person who commissioned the asbestos removal work.\n(3) The person must take all reasonable steps to ensure that the\nfollowing persons are informed that asbestos removal work is to be\ncarried out at the workplace and when the work is to commence,\nbefore the work commences:\n(a) anyone conducting a business or undertaking at, or in the\nimmediate vicinity of, the workplace;\n(b) anyone occupying premises in the immediate vicinity of the\n","sortOrder":469},{"sectionNumber":"469","sectionType":"section","heading":"Signage and barricades for asbestos removal work","content":"469 Signage and barricades for asbestos removal work\nAn asbestos removalist must ensure that:\n(a) signs alerting persons to the presence of asbestos are placed\nto indicate where the asbestos removal work is being carried\nout; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 364\n(b) barricades are erected to delineate the asbestos removal\narea.\nNote for regulation 469\n","sortOrder":470},{"sectionNumber":"470","sectionType":"section","heading":"Limiting access to asbestos removal area","content":"470 Limiting access to asbestos removal area\n(1) This regulation applies to:\n(a) a person conducting a business or undertaking at a workplace\nwho commissions a person to carry out licensed asbestos\nremoval work at the workplace; and\n(b) a person with management or control of a workplace who is\naware that licensed asbestos removal work is being carried\nout at the workplace.\n(2) Subject to subregulation (4), the person must ensure, so far as is\nreasonably practicable, that no-one other than the following has\naccess to an asbestos removal area:\n(a) workers engaged in the asbestos removal work;\n(b) other persons associated with the asbestos removal work;\n(c) anyone allowed under these Regulations or another law to be\nin the asbestos removal area.\n(3) The person may refuse to allow access to an asbestos removal\narea at the workplace to anyone who does not comply with:\n(a) a control measure implemented for the workplace in relation to\nasbestos; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 365\n(b) a direction of the licensed asbestos removalist.\n(4) A person referred to in subregulation (2)(a), (b) or (c) has access to\nan asbestos removal area subject to any direction of the licensed\nasbestos removalist.\n(5) If a person referred to in subregulation (2)(a), (b) or (c) has access\nto an asbestos removal area, the person must comply with any\ndirection of the licensed asbestos removalist.\n","sortOrder":471},{"sectionNumber":"471","sectionType":"section","heading":"Decontamination facilities","content":"471 Decontamination facilities\n(1) An asbestos removalist must ensure that facilities are available to\ndecontaminate the following:\n(a) the asbestos removal area;\n(b) any plant used in the asbestos removal area;\n(c) workers carrying out asbestos removal work;\n(d) other persons who have access to the asbestos removal area\nunder regulation 470(2)(b).\n(2) An asbestos removalist must ensure that nothing that is likely to be\ncontaminated with asbestos is removed from the asbestos removal\narea unless the thing:\n(a) is decontaminated before being removed; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 366\n(b) is sealed in a container, and the exterior of the container is,\nbefore being removed:\n(i) decontaminated; and\n(ii) labelled in accordance with the GHS to indicate the\npresence of asbestos.\n","sortOrder":472},{"sectionNumber":"472","sectionType":"section","heading":"Disposing of asbestos waste and contaminated personal","content":"472 Disposing of asbestos waste and contaminated personal\nprotective equipment\n(1) Subject to subregulations (2) and (3), an asbestos removalist must\nensure that asbestos waste:\n(a) is contained and labelled in accordance with the GHS before\nthe waste is removed from an asbestos removal area; and\n(b) is disposed of as soon as practicable at a site authorised to\naccept asbestos waste.\n(2) An asbestos removalist must ensure that personal protective\nequipment used in asbestos removal work and contaminated with\nasbestos:\n(a) is sealed in a container before being removed from an\nasbestos waste area; and\ncompletion of the asbestos removal work at a site authorised\nto accept asbestos waste; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 367\n(i) is laundered at a laundry equipped to launder\nasbestos-contaminated clothing; or\n(ii) if it is not practicable to launder the clothing – is kept in\nthe sealed container until it is reused for asbestos\nremoval purposes; and\n(i) is decontaminated before it is removed from the\nasbestos removal area; or\nthe asbestos removal area – is kept in the sealed\ncontainer until it is reused for asbestos removal\npurposes.\n(3) An asbestos removalist must ensure that a sealed container\nreferred to in subregulation (2) is decontaminated and labelled in\naccordance with the GHS to indicate the presence of asbestos\nbefore being removed from the asbestos removal area.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 368\n","sortOrder":473},{"sectionNumber":"473","sectionType":"section","heading":"Clearance inspection","content":"473 Clearance inspection\n(1) This regulation applies if a person commissions licensed asbestos\nremoval work at a workplace.\n(2) The person or, if the workplace is residential premises, the licensed\nasbestos removalist must ensure that, when the licensed asbestos\nremoval work is completed, a clearance inspection of the asbestos\nremoval area at the workplace is carried out by:\n(a) if the asbestos removal work must be carried out by the holder\nof a Class A asbestos removal licence – an independent\nlicensed asbestos assessor; or\n(b) in any other case – an independent competent person.\n(3) In this regulation, a clearance inspection is an inspection of an\nasbestos removal area after asbestos removal work has been\ncompleted to verify that the area is safe for normal use, that:\n(a) includes a visual inspection; and\n(b) may include air monitoring.\nNote for regulation 473\nIf it is not reasonably practicable for the licensed asbestos assessor or competent\nperson to be independent, the person or licensed asbestos removalist may apply\nto the regulator for an exemption under Part 11.2 from the requirement that the\nassessor or competent person be independent.\n","sortOrder":474},{"sectionNumber":"474","sectionType":"section","heading":"Clearance certificates","content":"474 Clearance certificates\n(1) This regulation applies if a clearance inspection has been made in\naccordance with regulation 473.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 369\n(2) The licensed asbestos assessor or competent person who carried\nout the clearance inspection must issue a clearance certificate, in\naccordance with this regulation, before the asbestos removal area\nat the workplace is reoccupied.\n(3) The licensed asbestos assessor or competent person must ensure\nthat the asbestos removal area does not pose a risk to health and\nsafety from exposure to asbestos.\n(4) The licensed asbestos assessor or competent person must not\nissue a clearance certificate unless satisfied that:\n(a) the asbestos removal area, and the area immediately\nsurrounding it, are free from visible asbestos contamination;\nand\n(b) if the assessor or competent person undertook air monitoring\nas part of the clearance inspection – the monitoring shows\nasbestos below 0.01 fibres/ml.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 370\n(5) The clearance certificate must be in writing and must state that:\n(a) the assessor or competent person found no visible asbestos\nresidue from asbestos removal work in the area, or in the\nvicinity of the area, where the work was carried out; and\n(b) if air monitoring was carried out by the assessor or competent\nperson as part of the clearance inspection – the airborne\nasbestos fibre level was less than 0.01 asbestos fibres/mL.\n","sortOrder":475},{"sectionNumber":"Part 8","sectionType":"part","heading":"8 Asbestos removal requiring Class A asbestos","content":"Part 8.8 Asbestos removal requiring Class A asbestos\nremoval licence\n","sortOrder":476},{"sectionNumber":"475","sectionType":"section","heading":"Air monitoring – asbestos removal requiring Class A asbestos","content":"475 Air monitoring – asbestos removal requiring Class A asbestos\nremoval licence\n(1) A person conducting a business or undertaking who commissions\nasbestos removal work requiring a Class A asbestos removal\nlicence at a workplace must ensure that an independent licensed\nasbestos assessor undertakes air monitoring of the asbestos\nremoval area at the workplace.\n(2) If the workplace is residential premises, the licensed removalist\ncarrying out asbestos removal work requiring a Class A asbestos\nremoval licence at the premises must ensure that an independent\nlicensed asbestos assessor undertakes air monitoring of the\nasbestos removal area at the premises.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 371\n(3) The air monitoring must be carried out:\n(a) immediately before the licensed asbestos removal work\ncommences, unless glove bags are to be used for the\nremoval; and\n(b) while the licensed asbestos removal work is carried out.\n(4) The person who commissions the licensed asbestos removal work\nmust ensure that the results of the air monitoring are given to the\n(a) workers at the workplace;\n(b) health and safety representatives for workers at the\n(c) a person conducting a business or undertaking at the\n(d) other persons at the workplace.\n(5) If the workplace is residential premises, the licensed asbestos\nremovalist carrying out the licensed asbestos removal work at the\npremises must ensure that the results of the air monitoring are\ngiven to the following:\n(a) the person who commissioned the asbestos removal work;\n(b) workers at the workplace;\n(c) health and safety representatives for workers at the\n(d) a person conducting a business or undertaking at the\n(e) the occupier of the residential premises;\n(f) the owner of the residential premises;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 372\n(g) other persons at the workplace.\n(6) An independent licensed asbestos assessor, who undertakes air\nmonitoring for the purposes of this regulation, must use the\nmembrane filter method for the air monitoring.\n","sortOrder":477},{"sectionNumber":"476","sectionType":"section","heading":"Action if respirable asbestos fibre level too high","content":"476 Action if respirable asbestos fibre level too high\n(1) The licensed removalist carrying out asbestos removal work\nrequiring a Class A asbestos removal licence at a workplace must:\n(a) if respirable asbestos fibre levels are recorded at the asbestos\nremoval area at 0.01 fibres/ml or more, but not more than\n0.02 fibres/ml – immediately:\n(i) investigate the cause of the respirable asbestos fibre\nlevel; and\n(ii) implement controls to prevent exposure of anyone to\nasbestos; and\n(iii) prevent the further release of respirable asbestos fibres;\nand\n(b) if respirable asbestos fibre levels are recorded at the asbestos\nremoval area at more than 0.02 fibres/ml – immediately:\n(i) order the asbestos removal work to stop; and\n(ii) notify the regulator; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 373\n(iii) investigate the cause of the respirable asbestos fibre\nlevel; and\n(iv) implement controls to prevent exposure of anyone to\nasbestos; and\n(v) prevent the further release of respirable asbestos fibre.\n(2) If the licensed removalist stops asbestos removal work requiring a\nClass A asbestos removal licence because the recorded respirable\nasbestos fibre level exceeds 0.02 fibres/ml, the removalist must\nensure that the asbestos removal work does not resume until air\nmonitoring shows that the recorded respirable asbestos fibre level\nis below 0.01 fibres/ml.\n","sortOrder":478},{"sectionNumber":"477","sectionType":"section","heading":"Removing friable asbestos","content":"477 Removing friable asbestos\n(1) A licensed asbestos removalist removing friable asbestos must\nensure, so far as is reasonably practicable, the following:\n(a) the asbestos removal area is enclosed to prevent the release\nof respirable asbestos fibres;\n(b) subject to subregulation (3), negative pressure is used;\n(c) the wet method of asbestos removal is used;\n(d) subject to subregulation (3), the asbestos removal work does\nnot commence until the air monitoring is commenced by a\nlicensed asbestos assessor;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 374\n(e) air monitoring is undertaken during the asbestos removal\nwork, at times decided by the independent licensed asbestos\nassessor undertaking the monitoring;\n(f) any glove bag used to enclose the asbestos removal area is\ndismantled and disposed of safely.\n(2) A licensed asbestos removalist must ensure that any enclosure\nused in removing friable asbestos is tested for leaks.\n(3) Subregulation (1)(b) and (d) do not apply if glove bags are used in\nthe Class A asbestos removal work.\n(4) The licensed removalist must not dismantle an enclosure for a\nfriable asbestos removal area until the removalist receives results\nof air monitoring, showing that the recorded respirable asbestos\nfibre level within the enclosure is below 0.01 fibres/ml, from:\n(a) if the friable asbestos is removed from residential premises –\nthe licensed asbestos assessor who undertook the air\n(b) in any other case – the person who commissioned the Class A\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 375\n(5) The licensed removalist must ensure that an enclosure for a friable\nasbestos removal area is dismantled in a way that, so far as is\nreasonably practicable, eliminates the release of respirable\nasbestos fibre.\n(6) The person who commissioned the removal of the friable asbestos\nmust obtain a clearance certificate from a licensed asbestos\nassessor after the enclosure for the friable asbestos removal area\nhas been dismantled.\n","sortOrder":479},{"sectionNumber":"478","sectionType":"section","heading":"Application of Part 8.9","content":"478 Application of Part 8.9\nThis Part applies in relation to asbestos-related work.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 376\n","sortOrder":480},{"sectionNumber":"479","sectionType":"section","heading":"Uncertainty as to presence of asbestos","content":"479 Uncertainty as to presence of asbestos\n(1) If there is uncertainty (based on reasonable grounds) as to whether\nwork to be carried out for a business or undertaking is\nasbestos-related work, the person conducting the business or\nundertaking must ensure that analysis of a sample is undertaken to\ndetermine if asbestos or ACM is present.\n(2) For the purposes of subregulation (1), the person must ensure that\nthe sample is analysed only by:\n(a) a NATA-accredited laboratory accredited for the relevant test\nmethod; or\n(b) a laboratory approved by the regulator in accordance with\nguidelines published by Safe Work Australia; or\n(c) a laboratory operated by the regulator.\n(3) Subregulation (1) does not apply if the person assumes that\nasbestos is present.\n","sortOrder":481},{"sectionNumber":"480","sectionType":"section","heading":"Duty to give information about health risks of asbestos-related","content":"480 Duty to give information about health risks of asbestos-related\nwork\nA person conducting a business or undertaking must give the\nfollowing information to a person likely to be engaged to carry out\nasbestos-related work for the business or undertaking before the\nperson is engaged to carry out the work:\n(a) the health risks and health effects associated with exposure to\nasbestos;\n(b) the need for, and details of, health monitoring of a worker\ncarrying out asbestos-related work.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 377\nNote for regulation 480\n","sortOrder":482},{"sectionNumber":"481","sectionType":"section","heading":"Asbestos-related work to be in separate area","content":"481 Asbestos-related work to be in separate area\nA person conducting a business or undertaking that involves the\ncarrying out of asbestos-related work must ensure that:\n(a) the asbestos-related work area is separated from other work\nareas at the workplace; and\n(b) signs alerting persons to the presence of asbestos are placed\nto indicate where the asbestos-related work is being carried\nout; and\n(c) barricades are erected to delineate the asbestos-related work\narea.\nNote for regulation 481\n","sortOrder":483},{"sectionNumber":"482","sectionType":"section","heading":"Air monitoring","content":"482 Air monitoring\nensure that a competent person carries out air monitoring of the\nwork area where asbestos-related work is being carried out if there\nis uncertainty as to whether the exposure standard is likely to be\nexceeded.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 378\n(2) If the competent person determines that the exposure standard has\nbeen exceeded at any time in a work area, the person conducting\nthe business or undertaking must, so far as is reasonably\npracticable:\n(a) determine the workers and other persons who were in the\nwork area during that time; and\n(b) warn those workers about possible exposure to respirable\nasbestos fibres; and\n(c) so far as is reasonably practicable, warn the other persons\nabout possible exposure to respirable asbestos fibres.\n(3) The person conducting the business or undertaking must ensure\nthat information about exposure to respirable asbestos fibres,\nincluding the determination made by the competent person and the\nresults of the air monitoring, is readily accessible to the workers and\nother persons referred to in subregulation (2).\n","sortOrder":484},{"sectionNumber":"483","sectionType":"section","heading":"Decontamination facilities","content":"483 Decontamination facilities\n(1) A person conducting a business or undertaking for which\nasbestos-related work is carried out must ensure that facilities are\navailable to decontaminate the following:\n(a) the asbestos-related work area;\n(b) any plant used in the asbestos-related work area;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 379\n(c) workers carrying out the asbestos-related work.\n(2) The person must ensure that nothing that is likely to be\ncontaminated with asbestos is removed from the asbestos-related\nwork area unless the thing:\n(a) is decontaminated before being removed; or\n(b) is sealed in a container, and the exterior of the container is:\n(i) decontaminated; and\n(ii) labelled in accordance with the GHS to indicate the\npresence of asbestos;\nbefore being removed.\n","sortOrder":485},{"sectionNumber":"484","sectionType":"section","heading":"Disposing of asbestos waste and contaminated personal","content":"484 Disposing of asbestos waste and contaminated personal\nprotective equipment\n(1) Subject to subregulation (2), a person conducting a business or\nundertaking for which asbestos-related work is carried out must\nensure that asbestos waste:\n(a) is contained and labelled in accordance with the GHS before\nthe waste is removed from an asbestos-related work area; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 380\n(b) is disposed of as soon as practicable at a site authorised to\naccept asbestos waste.\n(2) The person must ensure that personal protective equipment used in\nasbestos-related work and contaminated with asbestos:\n(a) is sealed in a container, and that the exterior of the container\nis decontaminated and labelled in accordance with the GHS to\nindicate the presence of asbestos before being removed; and\ncompletion of the asbestos-related work at a site authorised to\naccept asbestos waste; and\n(i) is laundered at a laundry equipped to launder\nasbestos-contaminated clothing; or\n(ii) if it is not practicable to launder the clothing, is kept in\nthe sealed container until it is reused for the purposes of\nasbestos-related work; and\n(i) is decontaminated before it is removed from the\nasbestos removal area; or\nthe asbestos removal area, is kept in the sealed\ncontainer until it is reused for the purposes of\nasbestos-related work.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 381\n(3) The person must ensure that a sealed container referred to in\nsubregulation (2) is decontaminated and labelled in accordance\nwith the GHS to indicate the presence of asbestos before being\nremoved from the asbestos-related work area.\nPart 8.10 Licensing of asbestos removalists and\nasbestos assessors\n","sortOrder":486},{"sectionNumber":"485","sectionType":"section","heading":"Requirement to hold Class A asbestos removal licence","content":"485 Requirement to hold Class A asbestos removal licence\n(1) A person must not carry out the removal of the following at a\nworkplace unless the person, or the person on whose behalf the\nwork is carried out, holds a Class A asbestos removal licence:\n(a) friable asbestos;\n(b) except as provided in regulation 486, ACD.\n(2) A person who conducts a business or undertaking must not direct\nor allow a worker to carry out the removal of the following unless\nthe person holds a Class A asbestos removal licence:\n(a) friable asbestos;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 382\n(b) except as provided in regulation 486, ACD.\nSee section 43(2) of the Act.\n","sortOrder":487},{"sectionNumber":"486","sectionType":"section","heading":"Exception to requirement to hold Class A asbestos removal","content":"486 Exception to requirement to hold Class A asbestos removal\nA Class A asbestos removal licence is not required for the removal\nof ACD that:\n(a) is associated with the removal of non-friable asbestos; or\n(b) is not associated with the removal of friable or non-friable\nasbestos and is only a minor contamination.\n","sortOrder":488},{"sectionNumber":"487","sectionType":"section","heading":"Requirement to hold Class B asbestos removal licence","content":"487 Requirement to hold Class B asbestos removal licence\n(1) A person must not carry out the removal of the following at a\nworkplace unless the person, or the person on whose behalf the\nwork is carried out, holds a Class B asbestos removal licence or a\nClass A asbestos removal licence:\n(a) more than 10 m 2 of non-friable asbestos or ACM;\n(b) ACD associated with the removal of more than 10 m 2 of\nnon-friable asbestos or ACM.\n(2) A person who conducts a business or undertaking must not direct\nor allow a worker to carry out the removal of the following unless\nthe person holds a Class B asbestos removal licence or a Class A\nasbestos removal licence:\n(a) more than 10 m 2 of non-friable asbestos or ACM;\n(b) ACD associated with the removal of more than 10 m 2 of\nnon-friable asbestos or ACM.\nSee section 43(2) of the Act.\n\nDivision 2 Asbestos assessors – requirement to be licensed\nWork Health and Safety (National Uniform Legislation) Regulations 2011 383\n","sortOrder":489},{"sectionNumber":"488","sectionType":"section","heading":"Recognition of asbestos removal licences in other","content":"488 Recognition of asbestos removal licences in other\njurisdictions\n(1) In this Division, a reference to an asbestos removal licence includes\na reference to an equivalent licence:\nDivision 2 Asbestos assessors – requirement to be licensed\n","sortOrder":490},{"sectionNumber":"489","sectionType":"section","heading":"Requirement to hold asbestos assessor licence","content":"489 Requirement to hold asbestos assessor licence\nA person must not carry out the following at a workplace unless the\nperson holds an asbestos assessor licence:\n(a) air monitoring during Class A asbestos removal work;\n(b) clearance inspections for Class A asbestos removal work;\n(c) issuing clearance certificates in relation to Class A asbestos\nNote for regulation 489\n","sortOrder":491},{"sectionNumber":"490","sectionType":"section","heading":"Recognition of asbestos assessor licences in other","content":"490 Recognition of asbestos assessor licences in other\njurisdictions\n(1) In this Division, a reference to an asbestos assessor licence\nincludes a reference to an equivalent licence:\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 384\n","sortOrder":492},{"sectionNumber":"491","sectionType":"section","heading":"Who may apply for a licence","content":"491 Who may apply for a licence\n(1) Only a person who conducts, or proposes to conduct, a business or\nundertaking may apply for an asbestos removal licence.\n(2) Only an individual who holds the qualifications set out in\nregulation 495 may apply for an asbestos assessor licence.\n","sortOrder":493},{"sectionNumber":"492","sectionType":"section","heading":"Application for asbestos removal licence or asbestos assessor","content":"492 Application for asbestos removal licence or asbestos assessor\n(1) An application for an asbestos removal licence or asbestos\nassessor licence must be made in the manner and form required by\n(a) the name and address of the applicant;\n(ab) if required by the regulator of an applicant who is an individual,\na photograph of the applicant in the form required by the\n(b) any other evidence of the applicant's identity required by the\n(c) the class of licence to which the application relates;\n(d) if, in the case of an asbestos removal licence, the applicant\nconducts the business or undertaking under a business\nname – that business name and a certificate or other written\nevidence of the registration of the business name;\n(e) a declaration that the applicant does not hold an equivalent\nlicence under a corresponding WHS law;\n(f) if the applicant is an individual:\n(i) a declaration as to whether or not the applicant has ever\n(iii) a declaration as to whether or not the applicant has been\nconvicted or found guilty of any offence in relation to the\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 385\nunlawful disposal of hazardous waste under the Waste\nManagement and Pollution Control Act 1998, Public and\nEnvironmental Health Act 2011 or any other law of the\nTerritory regulating environmental protection; and\n(iv) details of any conviction or finding of guilt declared under\n(v) a declaration as to whether or not the applicant has ever\n(vi) details of any enforceable undertaking declared under\nsubparagraph (v); and\n(vii) if the applicant has previously been refused an\nequivalent licence under a corresponding WHS law, a\ndeclaration giving details of that refusal; and\n(viii) if the applicant has previously held an equivalent licence\nand\nthe applicant had been disqualified from applying\nfor any licence; and\ndisqualification;\n(g) if the applicant is a body corporate, the information referred to\nin paragraph (f) in relation to:\n(i) the body corporate; and\n(ii) each officer of the body corporate;\n(h) in the case of an application for an asbestos removal licence –\nthe additional information referred to in regulation 493 or 494,\nas applicable;\n(i) in the case of an asbestos assessor licence – the additional\ninformation referred to in regulation 495.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 386\n","sortOrder":494},{"sectionNumber":"493","sectionType":"section","heading":"Content of application – Class A asbestos removal licence","content":"493 Content of application – Class A asbestos removal licence\n(1) For the purposes of regulation 492(2)(h), an application for a\nClass A asbestos removal licence must include the following:\n(a) the names of one or more competent persons who have been\nengaged by the applicant to supervise the asbestos removal\nwork to be authorised by the licence;\n(b) evidence, as required by the regulator, that each named\nsupervisor is at least 18 years of age;\n(c) a copy of a certification issued to each named supervisor for\nthe specified VET course for the supervision of asbestos\n(d) evidence that each named supervisor has at least 3 years of\nrelevant industry experience;\n(e) evidence that the applicant has a certified safety management\nsystem in place.\n(2) If the applicant is an individual who proposes to supervise the\ncarrying out of the Class A asbestos removal work, the statement\nand information referred to in subregulation (1)(b), (c) and (d) must\nrelate to the applicant.\n","sortOrder":495},{"sectionNumber":"494","sectionType":"section","heading":"Content of application – Class B asbestos removal licence","content":"494 Content of application – Class B asbestos removal licence\n(1) For the purposes of regulation 492(2)(h), an application for\na Class B asbestos removal licence must include the following:\n(a) the name of one or more competent persons who have been\nengaged by the applicant to supervise the asbestos removal\nwork to be authorised by the licence;\n(b) evidence, as required by the regulator, that each named\nsupervisor is at least 18 years of age;\n(c) a copy of a certification issued to each named supervisor for\nthe specified VET course for the supervision of asbestos\n(d) evidence that each named supervisor has at least 1 year of\nrelevant industry experience.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 387\n(2) If the applicant is an individual who proposes to supervise the\ncarrying out of the Class B asbestos removal work, the statement\nand information referred to in subregulation (1)(b), (c) and (d) must\nrelate to the applicant.\n","sortOrder":496},{"sectionNumber":"495","sectionType":"section","heading":"Content of application – asbestos assessor licence","content":"495 Content of application – asbestos assessor licence\nFor the purposes of regulation 492(2)(i), an application for an\nasbestos assessor licence must include:\n(a) evidence that the applicant has acquired through training or\nexperience the knowledge and skills of relevant asbestos\nremoval industry practice; and\n(i) a copy of a certification held by the applicant in relation\nto the specified VET course for asbestos assessor work;\nor\n(ii) evidence that the applicant holds a tertiary qualification\nin occupational health and safety, industrial hygiene,\nscience, building construction or environmental health.\n","sortOrder":497},{"sectionNumber":"496","sectionType":"section","heading":"Additional information","content":"496 Additional information\n(1) If an application for a licence does not contain sufficient information\nto enable the regulator to make a decision whether or not to grant\nthe licence, the regulator may ask the applicant to provide\nadditional information.\ninformation.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 388\n","sortOrder":498},{"sectionNumber":"497","sectionType":"section","heading":"Decision on application","content":"497 Decision on application\n(1) Subject to subregulation (3), the regulator must grant an asbestos\nremoval licence or asbestos assessor licence if satisfied about:\n(a) the matters referred to in subregulation (2); and\n(b) the additional matters referred to in regulation 498 or 499, as\napplicable.\n(b) the applicant does not hold an equivalent licence under a\ncorresponding WHS law unless that licence is due for renewal;\n(c) if the applicant is an individual, the applicant:\n(d) if the applicant is a body corporate, the applicant's registered\n(e) the applicant is able to ensure that the work or other activities\nto which the licence relates are carried out safely and\ncompetently;\n(f) the applicant is able to ensure compliance with any conditions\nthat will apply to the licence.\n(3) The regulator must refuse to grant a licence if satisfied that:\nfrom holding an equivalent licence; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 389\n(4) If the regulator decides to grant the licence, it must notify the\nunder regulation 496, the regulator is taken to have refused to grant\nNote for regulation 497\nA refusal to grant a licence (including under subregulation (5)) is a reviewable\n","sortOrder":499},{"sectionNumber":"498","sectionType":"section","heading":"Class A asbestos removal licence – regulator to be satisfied","content":"498 Class A asbestos removal licence – regulator to be satisfied\nabout additional matters\nFor the purposes of regulation 497(1)(b), in relation to a Class A\nasbestos removal licence, the regulator must be satisfied that:\n(a) each supervisor named by the applicant:\n(i) is at least 18 years of age; and\n(ii) holds a certification for:\n(A) the specified VET course for the supervision of\nasbestos removal work; and\n(B) the specified VET course for the Class A asbestos\n(iii) has at least 3 years of relevant industry experience; and\n(b) the applicant has a certified safety management system in\nplace.\n","sortOrder":500},{"sectionNumber":"499","sectionType":"section","heading":"Class B asbestos removal licence – regulator to be satisfied","content":"499 Class B asbestos removal licence – regulator to be satisfied\nabout additional matters\nFor the purposes of regulation 497(1)(b), in relation to a Class B\nasbestos removal licence the regulator must be satisfied that each\nsupervisor named by the applicant:\n(a) is at least 18 years of age; and\n(b) holds a certification for:\n(i) the specified VET course for the supervision of asbestos\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 390\n(ii) the specified VET course for the Class B asbestos\n(c) has at least 1 year of relevant industry experience.\n500 Matters to be taken into account\n(1) For the purposes of regulation 497(2)(e) and (f), the regulator must\nhave regard to all relevant matters, including the following:\n(b) any offence in relation to the unlawful disposal of hazardous\nwaste under the Waste Management and Pollution Control\nAct 1998, Public and Environmental Health Act 2011 or any\nother law of the Territory regulating environmental protection\nof which the applicant has been convicted or found guilty;\n(c) any enforceable undertaking the applicant has entered into\n(d) in relation to any equivalent licence applied for or held by the\napplicant under the Act or these Regulations or under a\n(e) the record of the applicant in relation to any matters arising\nunder the Act or these Regulations or under a corresponding\nWHS law.\n(2) For the purposes of regulation 497(2)(e) and (f), if the applicant is a\nbody corporate, the regulator must have regard to all relevant\nmatters, including the matters referred to in subregulation (1), in\nrelation to:\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 391\n","sortOrder":501},{"sectionNumber":"501","sectionType":"section","heading":"Refusal to grant licence – process","content":"501 Refusal to grant licence – process\n(1) If the regulator proposes to refuse to grant a licence, the regulator\nmust give the applicant a written notice:\n(c) within 14 days after making the decision, give the applicant\nNote for regulation 501\nA refusal to grant a licence is a reviewable decision (see regulation 676).\n","sortOrder":502},{"sectionNumber":"502","sectionType":"section","heading":"Conditions of licence","content":"502 Conditions of licence\non an asbestos removal licence or asbestos assessor licence.\n(a) control measures which must be implemented in relation to\nthe carrying out of work or activities under the licence;\n(c) requiring the licence holder, or a nominated supervisor of the\nlicence holder, to undergo retraining or reassessment during\nthe term of the licence;\n(d) the provision of information to the regulator;\n(e) the nature of work or activities authorised by the licence;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 392\n(f) the circumstances in which work or activities authorised by the\nlicence may be carried out.\nNotes for regulation 502\n","sortOrder":503},{"sectionNumber":"503","sectionType":"section","heading":"Duration of licence","content":"503 Duration of licence\nSubject to this Part, an asbestos removal licence or asbestos\nassessor licence takes effect on the day it is granted and, unless\ncancelled earlier, expires 5 years after that day.\n","sortOrder":504},{"sectionNumber":"504","sectionType":"section","heading":"Licence document","content":"504 Licence document\n(1) If the regulator grants an asbestos removal licence or asbestos\nassessor licence, the regulator must issue to the applicant a licence\ndocument in the form determined by the regulator.\n(a) the name of the licence holder;\n(b) if the licence holder conducts the business or undertaking\nunder a business name – that business name;\n(c) in the case of an asbestos removal licence – the class of\nasbestos removal licence and a description of the work within\nthe scope of the licence;\n(d) any conditions imposed on the licence by the regulator;\n(e) the date on which the licence was granted;\n(f) the expiry date of the licence.\n","sortOrder":505},{"sectionNumber":"505","sectionType":"section","heading":"Licence document to be available","content":"505 Licence document to be available\n(1) A licence holder must keep the licence document available for\ninspection under the Act.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 393\nthe licence holder's possession because:\n(a) it has been returned to the regulator under regulation 512; or\n(b) the licence holder has applied for, but has not received, a\nreplacement licence document under regulation 513.\n","sortOrder":506},{"sectionNumber":"506","sectionType":"section","heading":"Changes to information","content":"506 Changes to information\n(1) The licence holder of an asbestos removal licence or asbestos\nassessor licence must give the regulator written notice of any\nchange to any material particular in any information given at any\ntime by the licence holder to the regulator in relation to the licence\nwithin 14 days after the licence holder becomes aware of the\nchange.\napplication for grant or renewal of the licence or in any other\n","sortOrder":507},{"sectionNumber":"507","sectionType":"section","heading":"Change to nominated supervisor","content":"507 Change to nominated supervisor\n(1) If there is a change in relation to a supervisor named to the\nregulator by the holder of an asbestos removal licence (other than a\nlicence holder who is an individual), the licence holder must:\n(a) if the change is to remove a supervisor – within 14 days after\nthe change, ask the regulator to amend the licence under\nregulation 509 to make that change; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 394\n(b) if the change is to add a supervisor – give the regulator the\ninformation about the supervisor referred to in regulation 498\nor 499.\n(2) If the change referred to in subregulation (1) is to add a supervisor,\nthat supervisor is not a nominated supervisor for the purposes of\nthese Regulations until the regulator has approved the nomination.\n","sortOrder":508},{"sectionNumber":"508","sectionType":"section","heading":"Amendment imposed by regulator","content":"508 Amendment imposed by regulator\n(1) The regulator may, on its own initiative, amend an asbestos\nremoval licence or asbestos assessor licence, including by\namending the licence to:\n(a) vary or delete a condition of the licence; or\n(b) impose a new condition on the licence.\n(2) If the regulator proposes to amend a licence, the regulator must\ngive the licence holder written notice:\nand\nnotice), make a submission to the regulator in relation to the\nproposed amendment.\n(a) if the licence holder has made a submission in relation to the\nproposed amendment – consider that submission; and\n(b) whether or not the licence holder has made a submission –\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 395\nconsideration of any submission made by the licence\n(c) within 14 days after making that decision, give the licence\n(i) sets out the amendment, if any, or states that no\namendment is to be made; and\n(iii) specifies the date (being not less than the 28 days after\nthe licence holder is given the notice) on which the\namendment, if any, takes effect.\nNote for regulation 508\nA decision to amend a licence is a reviewable decision (see regulation 676).\n","sortOrder":509},{"sectionNumber":"509","sectionType":"section","heading":"Amendment on application by licence holder","content":"509 Amendment on application by licence holder\n(1) The regulator, on application by the licence holder, may amend an\nasbestos removal licence or asbestos assessor licence, including\nby amending the licence to vary or delete a condition of the licence.\n(2) If the regulator proposes to refuse to amend the licence, the\nregulator must give the licence holder a written notice:\n(a) informing the licence holder of the proposed refusal to amend\nthe licence and the reasons for the proposed refusal; and\nnotice), make a submission to the regulator in relation to the\nproposed refusal.\n(a) if the licence holder has made a submission in relation to the\nproposed refusal – consider that submission; and\n(b) whether or not the licence holder has made a submission –\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 396\nconsideration of any submission made by the licence\n(c) within 14 days after making that decision, give the licence\nholder written notice of the decision in accordance with this\nsubregulation (3)(c) must specify the date (being not less than\n28 days after the licence holder is given the notice) on which the\n(5) If the regulator refuses to make the amendment applied for or\nmakes a different amendment, the notice under subregulation (3)(c)\nmust:\nlicence holder is given the notice) on which the\nNote for regulation 509\n","sortOrder":510},{"sectionNumber":"510","sectionType":"section","heading":"Minor corrections to licence","content":"510 Minor corrections to licence\nThe regulator may make minor amendments to a licence, including\nan amendment:\n(c) that does not impose a significant burden on the licence\n","sortOrder":511},{"sectionNumber":"511","sectionType":"section","heading":"Regulator to give amended licence to the holder","content":"511 Regulator to give amended licence to the holder\nIf the regulator amends an asbestos removal licence or asbestos\nassessor licence and considers that the licence document requires\namendment, the regulator must give the licence holder an amended\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 397\nlicence document within 14 days after making the decision to\namend the licence.\n","sortOrder":512},{"sectionNumber":"512","sectionType":"section","heading":"Licence holder to return licence","content":"512 Licence holder to return licence\nThe holder of an asbestos removal licence or asbestos assessor\nlicence that has been amended must return the licence document\nto the regulator for amendment at the written request of the\nregulator and within the time specified in the request.\nNote for regulation 512\n","sortOrder":513},{"sectionNumber":"513","sectionType":"section","heading":"Replacement licence document","content":"513 Replacement licence document\n(1) A licence holder of an asbestos removal licence or an asbestos\nassessor licence must notify the regulator as soon as practicable if\nthe licence document is lost, stolen or destroyed.\n(2) If a licence document is lost, stolen or destroyed, the licence holder\nmay apply to the regulator for a replacement document.\nA licence holder is required to keep the licence document available for inspection\n(see regulation 505).\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 398\nmust give the licence holder written notice of this decision, including\nthe reasons for the decision, within 14 days after making the\nNote for regulation 513\nA refusal to issue a replacement licence document is a reviewable decision (see\n","sortOrder":514},{"sectionNumber":"514","sectionType":"section","heading":"Voluntary surrender of licence","content":"514 Voluntary surrender of licence\n(1) A licence holder may voluntarily surrender the licence document to\n(2) The licence expires on the surrender of the licence document.\n","sortOrder":515},{"sectionNumber":"515","sectionType":"section","heading":"Regulator may renew licence","content":"515 Regulator may renew licence\nThe regulator may renew an asbestos removal licence or asbestos\nassessor licence on application by the licence holder.\n","sortOrder":516},{"sectionNumber":"516","sectionType":"section","heading":"Application for renewal","content":"516 Application for renewal\n(1) An application for renewal of an asbestos removal licence or\nasbestos assessor licence must be made in the manner and form\nrequired by the regulator.\n(a) the name and address of the applicant;\n(b) if required by the regulator of an applicant who is an\nindividual – a photograph of the applicant in the form required\nby the regulator;\n(c) any other evidence of the applicant's identity required by the\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 399\n(d) written evidence that the applicant has obtained any retraining\nor reassessment or taken any other action required under\nregulation 502;\n(e) a declaration by the applicant that the applicant or a\nsupervisor named by the applicant, as applicable, has\nmaintained the competency required to carry out the work\ncovered by the licence.\n(4) The application must be made before the expiry of the licence.\n","sortOrder":517},{"sectionNumber":"517","sectionType":"section","heading":"Provisions relating to renewal of licence","content":"517 Provisions relating to renewal of licence\n(1) For the purposes of this Division:\n(a) regulation 496 applies as if a reference in that regulation to an\n(b) regulations 497 (except subregulation (5)), 500, 502 and 503\n(c) regulation 501 applies as if a reference in that regulation to a\n(2) The regulator must not renew an asbestos removal licence unless\nthe regulator is satisfied about the matters referred to in\nregulation 518.\n(3) The regulator must not renew an asbestos removal licence or\nasbestos assessor licence granted to a person under a\ncorresponding WHS law if that licence is renewed under that law.\n(4) If a licence holder applies under regulation 516 for the renewal of\nan asbestos removal licence or asbestos assessor licence, the\nlicence is taken to continue in force from the day it would, apart\nfrom this subregulation, have expired until the licence holder is\ngiven notice of the decision on the application.\nNote for regulation 517\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 400\n","sortOrder":518},{"sectionNumber":"518","sectionType":"section","heading":"Renewal of asbestos removal licence – regulator to be","content":"518 Renewal of asbestos removal licence – regulator to be\nsatisfied about certain matters\nFor the purposes of regulation 517, the regulator must not renew an\nasbestos removal licence unless satisfied that:\n(a) each supervisor named by the applicant:\n(i) holds a certification for the specified VET course for\nsupervision of the asbestos removal work to be\nauthorised by the licence; and\n(ii) has appropriate experience in the asbestos removal\nwork to be authorised by the licence; and\n(b) asbestos removal work of the type authorised by the licence\nhas been carried out on behalf of the applicant during the term\nof the licence.\n","sortOrder":519},{"sectionNumber":"519","sectionType":"section","heading":"Status of licence during review","content":"519 Status of licence during review\n(1) This regulation applies if the regulator gives a licence holder written\n(2) If the licence holder does not apply for internal review of the\ndecision, the licence continues to have effect until the last of the\nfollowing events:\n(b) the end of the time for applying for an internal review.\n(3) If the licence holder applies for an internal review of the decision,\nthe licence continues to have effect until the earlier of the following\n(4) If the licence holder does not apply for an external review, the\nlicence continues to have effect until the end of the time for\n(5) If the licence holder applies for an external review, the licence\ncontinues to have effect until the earlier of the following events:\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 401\n(6) The licence continues to have effect under this regulation even if its\n","sortOrder":520},{"sectionNumber":"520","sectionType":"section","heading":"Suspension or cancellation of licence","content":"520 Suspension or cancellation of licence\n(1) The regulator may suspend or cancel an asbestos removal licence\nor asbestos assessor licence if satisfied about one or more of the\n(a) the licence holder has failed to ensure that the work or other\nactivities authorised by the licence are carried out safely and\ncompetently;\n(b) the licence holder has failed to ensure compliance with a\ncondition of the licence, including a condition requiring the\nlicence holder, or a nominated supervisor of the licence\nholder, to undergo retraining or reassessment during the term\nof the licence;\n(c) the licence holder, in the application for the grant or renewal of\nthe licence or on request by the regulator for additional\nbeen given in that application or on that request;\n(d) in relation to an asbestos removal licence – the licence was\ngranted or renewed on the basis of a certification that was\nobtained on the basis of the giving of false or misleading\ninformation by any person or body;\n(e) in relation to a Class A asbestos removal licence – the licence\nholder has failed to have a certified safety management\nsystem in place.\n(2) It is a ground for the suspension or cancellation of an asbestos\nremoval licence if the licence holder does not have a qualified\nnominated asbestos removal supervisor.\nRegulation 507 provides for a licence holder to notify the regulator of any change\nin a nominated supervisor.\n(3) For the purposes of subregulation (1)(b), a licence holder complies\nwith a condition on the licence that requires the licence holder or a\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 402\nnominated supervisor of the licence holder to undergo retraining or\nreassessment during the term of the licence if the licence holder\nprovides a certification in relation to that retraining or reassessment.\n(4) If the regulator suspends or cancels a licence, the regulator may\ndisqualify the licence holder from applying for:\n(a) a further licence of the same type; or\n(b) another licence under these Regulations to carry out work\nwhich requires skills that are the same as or similar to those\nrequired for the work authorised by the licence that has been\nsuspended or cancelled.\nNote for regulation 520\nA decision to suspend a licence, to cancel a licence or to disqualify the licence\nholder from applying for a further licence is a reviewable decision (see\n","sortOrder":521},{"sectionNumber":"521","sectionType":"section","heading":"Matters taken into account","content":"521 Matters taken into account\n(1) In making a decision under regulation 520, the regulator must have\n(a) any submissions made by the licence holder under\nregulation 522; and\n(2) For the purposes of regulation 520(1)(a) and (b), if the licence\nholder is an individual, the regulator must have regard to all\ncorresponding WHS law, of which the licence holder has been\n(b) any enforceable undertaking the licence holder has entered\ninto under the Act or a corresponding WHS law;\nlicence holder under the Act or these Regulations or under a\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 403\n(d) the record of the licence holder in relation to any matters\narising under the Act or these Regulations or under a\n(3) For the purposes of regulation 520(1)(a) and (b), if the licence\nholder is a body corporate, the regulator must have regard to all\nrelevant matters, including the matters referred to in\nsubregulation (2), in relation to:\n","sortOrder":522},{"sectionNumber":"522","sectionType":"section","heading":"Notice to and submissions by licence holder","content":"522 Notice to and submissions by licence holder\nBefore suspending or cancelling an asbestos removal licence or\nasbestos assessor licence, the regulator must give the licence\nholder a written notice of the proposed suspension or cancellation\nand any proposed disqualification:\nnotice), make a submission in relation to the proposed\nsuspension or cancellation and any proposed disqualification.\n","sortOrder":523},{"sectionNumber":"523","sectionType":"section","heading":"Notice of decision","content":"523 Notice of decision\n(1) The regulator must give the licence holder written notice of a\ndecision under regulation 520 to suspend or cancel an asbestos\nremoval licence or asbestos assessor licence within 14 days after\n(iii) whether the licence holder is required to undergo\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 404\n(iv) whether or not the licence holder is disqualified from\napplying for a further licence during the suspension; and\n(iii) whether or not the licence holder is disqualified from\napplying for a further licence; and\n(d) if the licence holder is disqualified from applying for a further\nlicence, state:\n(iii) whether or not the licence holder is required to undergo\n(iv) any other class of licence under these Regulations that\nthe licence holder is disqualified from applying for; and\n","sortOrder":524},{"sectionNumber":"524","sectionType":"section","heading":"Immediate suspension","content":"524 Immediate suspension\n(1) The regulator may suspend an asbestos removal licence or\nasbestos assessor licence on a ground referred to in regulation 520\nwithout giving notice under regulation 522, if satisfied that:\n(a) work carried out under the licence should cease because the\nwork may involve an imminent serious risk to the health or\nsafety of any person; or\n(b) a corresponding regulator has suspended an equivalent\nlicence held by the licence holder under this regulation as\n(a) the regulator must give the licence holder written notice of the\nsuspension and the reasons for the suspension; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 405\n(a) give notice under regulation 522 within 14 days after giving the\n(b) make its decision under regulation 520.\nremains suspended until the decision is made under regulation 520.\n","sortOrder":525},{"sectionNumber":"525","sectionType":"section","heading":"Licence holder to return licence document","content":"525 Licence holder to return licence document\nA licence holder, on receiving a notice under regulation 523, must\nreturn the licence document to the regulator in accordance with the\nNote for regulation 525\n","sortOrder":526},{"sectionNumber":"526","sectionType":"section","heading":"Regulator to return licence document after suspension","content":"526 Regulator to return licence document after suspension\nThe regulator must return the licence document to the licence\nholder within 14 days after the licence suspension ends.\n","sortOrder":527},{"sectionNumber":"527","sectionType":"section","heading":"Asbestos removal licence register","content":"527 Asbestos removal licence register\nThe regulator must keep a register of:\n(a) each person holding an asbestos removal licence; and\n(b) each supervisor named to the regulator in relation to an\nasbestos removal licence.\n","sortOrder":528},{"sectionNumber":"528","sectionType":"section","heading":"Asbestos assessors register","content":"528 Asbestos assessors register\nThe regulator must keep a publicly available register of each person\nholding an asbestos assessor licence.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 406\n","sortOrder":529},{"sectionNumber":"529","sectionType":"section","heading":"Work must be supervised by named supervisor","content":"529 Work must be supervised by named supervisor\nA person who holds an asbestos removal licence must ensure that\nasbestos removal work authorised by the licence is supervised by a\nsupervisor named to the regulator by the licence holder.\nNote for regulation 529\nChapter 8A Crystalline silica\nPart 8A.1 Preliminary matters\n529A Definitions\nIn these Regulations:\ncrystalline silica means crystalline polymorphs of silica and\nincludes the following substances:\n(a) cristobalite;\n(b) quartz;\n(c) tridymite;\n(d) tripoli.\ncrystalline silica substance (CSS) means material that contains\nat least 1% crystalline silica, determined as a weight/weight (w/w)\nconcentration.\nExample for definition crystalline silica substance (CSS)\nEngineered stone is a type of CSS.\nengineered stone means a CSS that:\n(a) is an artificial product; and\n(b) is created by combining natural stone materials with other\nchemical constituents such as water, resins or pigments; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 407\n(c) becomes hardened;\nbut does not include the following:\n(d) concrete or cement products;\n(e) bricks, pavers or other similar blocks;\n(f) ceramic wall or floor tiles;\n(g) grout, mortar or render;\n(h) plasterboard;\n(i) porcelain products;\n(j) sintered stone;\n(k) roof tiles.\nprocessing, in relation to a CSS, means any of the following:\n(a) the use of power tools or mechanical plant to carry out an\nactivity involving the crushing, cutting, grinding, trimming,\nsanding, abrasive polishing or drilling of a CSS;\n(b) the use of roadheaders to excavate material that is a CSS;\n(c) the quarrying of a material that is a CSS;\n(d) mechanical screening involving a material that is a CSS;\n(e) tunnelling through a material that is a CSS;\n(f) a process that exposes, or is reasonably likely to expose, a\nperson to respirable crystalline silica during the manufacture\nor handling of a CSS.\n","sortOrder":530},{"sectionNumber":"529B","sectionType":"section","heading":"When processing of CSS is controlled","content":"529B When processing of CSS is controlled\n(1) In these Regulations, the processing of a CSS is controlled if:\n(a) control measures to eliminate or minimise risks arising from\nthe processing are implemented so far as is reasonably\n(b) at least one of the following measures are used during the\nprocessing:\n(i) the isolation of a person from dust exposure;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 408\n(ii) a fully enclosed operator cabin fitted with a high\nefficiency air filtration system;\n(iii) an effective wet dust suppression method;\n(iv) an effective on-tool extraction system;\n(v) an effective local exhaust ventilation system; and\n(c) a person still at risk of being exposed to respirable crystalline\nsilica after one or more of the measures in paragraph (b) are\nused:\n(i) is provided with respiratory protective equipment; and\n(ii) wears the respiratory protective equipment while the\nwork is carried out.\nSee also regulation 351.\n(2) Despite subregulation (1), if the measures in subregulation (1)(b)\nare not reasonably practicable, the processing of a CSS is\ncontrolled if a person who is at risk of being exposed to respirable\ncrystalline silica during the processing:\n(a) is provided with respiratory protective equipment; and\n(b) wears the respiratory protective equipment while the work is\ncarried out.\nrespiratory protective equipment means personal protective\nequipment that:\n(a) is designed to prevent a person wearing the equipment from\ninhaling airborne contaminants; and\n(b) complies with:\n(i) AS/NZS 1716:2012 (Respiratory protective devices); and\n(ii) AS/NZS 1715:2009 (Selection, use and maintenance of\nrespiratory protective equipment).\nNote for regulation 529B\nRegulations 44, 45 and 46 apply to the provision and use of personal protective\nequipment, including the respiratory protective equipment provided under\nsubregulations (1)(c) and (2).\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 409\n","sortOrder":531},{"sectionNumber":"529C","sectionType":"section","heading":"Duty for processing of CSS to be controlled","content":"529C Duty for processing of CSS to be controlled\nA person conducting a business or undertaking must not carry out,\nor direct or allow a worker to carry out, processing of a CSS unless\nthe processing is controlled.\nNotes for regulation 529C\n2 Regulations 529D and 529F apply to the processing of engineered stone.\n529CA Identifying processing of CSS that is high risk\nassess the processing of a CSS carried out by the business or\nundertaking at the workplace to determine if the processing is high\nrisk.\n(2) In assessing whether the processing of a CSS is high risk, the\nperson must have regard to the following:\n(a) the specific processing that will be undertaken;\n(b) the form or forms of crystalline silica present in the CSS;\n(c) the proportion of crystalline silica contained in the CSS,\ndetermined as a weight/weight (w/w) concentration;\n(d) the hazards associated with the work, including the likely\nfrequency and duration that a person will be exposed to\nrespirable crystalline silica;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 410\n(e) whether the airborne concentration of respirable crystalline\nsilica that is present at the workplace is reasonably likely to\nexceed half the workplace exposure standard;\n(f) any relevant air and health monitoring results previously\nundertaken at the workplace;\n(g) any previous incidents, illnesses or diseases associated with\nexposure to respirable crystalline silica at the workplace.\n(3) In assessing whether the processing of a CSS is high risk, the\nperson must not:\n(a) rely on the control measures implemented under\nregulation 529B(1)(b); or\n(b) have regard to the use of personal protective equipment and\nadministrative controls used to control the risks associated\nwith respirable crystalline silica.\n(4) The person must ensure that a risk assessment conducted under\nsubregulation (1) is recorded in writing.\n(5) If a person conducting a business or undertaking is unable to\ndetermine whether the processing of a CSS carried out at the\nworkplace is high risk, the processing is taken to be high risk until\nthe person determines that the processing is not high risk.\n529CB Silica risk control plan required for processing of CSS that is\nhigh risk\n(1) A person conducting a business or undertaking carrying out the\nprocessing of a CSS that is high risk must, before the processing\ncommences, ensure that a silica risk control plan for the\nprocessing:\n(a) is prepared; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 411\n(b) has already been prepared by another person.\n(2) A silica risk control plan must:\n(a) identify all the processing of a CSS carried out at the\nworkplace that is high risk; and\n(b) include the risk assessment undertaken under\nregulation 529CA for all processing of a CSS that is high risk;\nand\n(c) document what control measures will be used to control the\nrisks associated with the processing that is high risk and how\nthose measures will be implemented, monitored and reviewed;\nand\n(d) be set out and expressed in a way that is readily accessible\nand understandable to persons who use it.\n(3) A silica risk control plan is not required to be prepared before the\nprocessing of a CSS that is high risk if:\n(a) the processing that is high risk is also high risk construction\n(b) a safe work method statement is prepared, or has already\nbeen prepared by another person, before the processing\ncommences; and\n(c) the safe work method statement satisfies the requirements of\n529CC Compliance with silica risk control plan\n(1) A person conducting a business or undertaking carrying out the\nprocessing of a CSS that is high risk must put in place\narrangements for ensuring that the processing is carried out in\naccordance with the silica risk control plan, including by ensuring\nthat the silica risk control plan is:\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 412\n(a) available to all workers; and\n(b) provided to all workers before they commence the processing.\n(2) If the processing of a CSS that is high risk is not carried out in\naccordance with the silica risk control plan that applies to the\nprocessing, the person must ensure that the processing:\n(a) is stopped immediately or as soon as it is safe to do so; and\n(b) resumed only in accordance with the silica risk control plan.\n(3) A person conducting a business or undertaking must ensure that a\nsilica risk control plan is reviewed and as necessary revised if\nrelevant control measures are revised under regulation 38.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 413\n529CD Duty to train workers about risks of crystalline silica\n(1) A person conducting a business or undertaking must ensure that a\nworker receives crystalline silica training if the person reasonably\nbelieves that the worker may be:\n(a) involved in the processing of a CSS that is high risk; or\n(b) at risk of exposure to respirable crystalline silica because of\nthe processing of a CSS that is high risk.\n(2) The person must ensure that a record is kept of the training\nundertaken by the worker:\n(a) while the worker is carrying out the processing of a CSS that\nis high risk; and\n(b) for 5 years after the day the worker ceases working for the\n(3) The person must keep the record available for inspection under the\nAct.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 414\ncrystalline silica training means training that is accredited, or\ntraining approved by the regulator, in relation to the following:\n(a) the health risks associated with exposure to respirable\ncrystalline silica;\n(b) the need for, and proper use of, any risk control measures\nrequired by these Regulations.\nNote for regulation 529CD\nPart 3.2, Division 1 also applies to a person conducting a business or\nundertaking involving the processing of a CSS.\n529CE Monitoring in relation to processing of CSS that is high risk\nA person conducting a business or undertaking that is carrying out,\nor directing or allowing a worker to carry out, the processing of a\nCSS that is high risk, must:\n(a) undertake air monitoring for respirable crystalline silica in\naccordance with regulation 50; and\n(b) provide air monitoring results to the regulator, in a form\napproved by the regulator, if the airborne concentration of\nrespirable crystalline silica has exceeded the workplace\nexposure standard:\n(i) as soon as reasonably practicable; and\n(ii) in any event no more than 14 days from the date the air\nmonitoring result was reported to the person conducting\na business or undertaking; and\n(c) provide health monitoring for all workers carrying out the\nprocessing of a CSS that is high risk in accordance with\n","sortOrder":532},{"sectionNumber":"Part 7","sectionType":"part","heading":"1, Division 6.","content":"Part 7.1, Division 6.\n\n","sortOrder":533},{"sectionNumber":"Part 8A","sectionType":"part","heading":"2 Work involving engineered stone benchtops, panels or slabs","content":"Part 8A.2 Work involving engineered stone benchtops, panels or slabs\nWork Health and Safety (National Uniform Legislation) Regulations 2011 415\nNote for regulation 529CE\nPart 8A.2 Work involving engineered stone benchtops,\npanels or slabs\n","sortOrder":534},{"sectionNumber":"529D","sectionType":"section","heading":"Work involving engineered stone benchtops, panels or slabs –","content":"529D Work involving engineered stone benchtops, panels or slabs –\nprohibited\nSubject to regulations 529E and 529F, a person conducting a\nbusiness or undertaking must not carry out work, or direct or allow a\nworker to carry out work, that involves manufacturing, supplying,\nprocessing or installing engineered stone benchtops, panels or\nslabs.\nNotes for regulation 529D\n2 Under Part 11.2, Division 3A, work involving a type of engineered stone\nmay be the subject of an exemption from this regulation.\n","sortOrder":535},{"sectionNumber":"529E","sectionType":"section","heading":"Work involving engineered stone benchtops, panels or slabs –","content":"529E Work involving engineered stone benchtops, panels or slabs –\nexception for particular supply and installation\nRegulation 529D does not apply to work that involves supplying or\ninstalling engineered stone benchtops, panels or slabs if the work is\ncarried out:\n(a) for genuine research and analysis; or\n(b) to sample and identify engineered stone.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 416\n","sortOrder":536},{"sectionNumber":"529F","sectionType":"section","heading":"Work involving engineered stone benchtops, panels or slabs –","content":"529F Work involving engineered stone benchtops, panels or slabs –\nexception for particular processing\nRegulation 529D does not apply to work that involves processing\nengineered stone benchtops, panels or slabs if the work:\n(a) is carried out:\n(i) for genuine research and analysis; or\n(ii) to sample and identify engineered stone; or\n(iii) to remove, repair or make minor modifications to\ninstalled engineered stone; or\n(iv) to dispose of the engineered stone, whether it is installed\nor not; and\n(b) is controlled.\nPart 8A.3 Regulator to be notified of particular\nprocessing of engineered stone\n","sortOrder":537},{"sectionNumber":"529G","sectionType":"section","heading":"Notification of particular processing of engineered stone","content":"529G Notification of particular processing of engineered stone\n(1) This regulation applies in relation to work that involves processing\nengineered stone benchtops, panels or slabs if the work is carried\nout:\n(a) to remove, repair or make minor modifications to installed\nengineered stone; or\n(b) to dispose of the engineered stone, whether it is installed or\nnot.\n(2) Before the work is carried out, a person conducting a business or\nundertaking carrying out the work, or directing or allowing a worker\nto carry out the work, must give the regulator written notice in the\nmanner and form required by the regulator:\n(a) stating the work being carried out; and\n(b) describing the type of work being carried out; and\n(c) stating the frequency and duration of the work; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 417\n(d) stating any other information in relation to the work required by\nthe regulator (if any).\nNote for regulation 529G\n(3) Subregulation (2) does not apply to a person conducting a business\nor undertaking if:\n(a) the person conducting the business or undertaking does not\nknow, and could not reasonably be expected to know, before\nthe work is carried out that the work involves processing\nengineered stone benchtops, panels or slabs; and\n(b) as soon as practicable after the person conducting the\nbusiness or undertaking becomes aware that the work\ninvolves processing engineered stone benchtops, panels or\nslabs, the person gives the regulator a written notice under\nsubregulation (2) in relation to the work.\n(4) If the regulator receives a notice under subregulation (2) or (3), the\nundertaking an acknowledgement of receipt of the notice.\n","sortOrder":538},{"sectionNumber":"529H","sectionType":"section","heading":"Notification of change in information given under this Part","content":"529H Notification of change in information given under this Part\n(1) If the information given to the regulator in a written notice under this\nPart in relation to work changes (other than because the work is no\nlonger being carried out), the person conducting the business or\nundertaking carrying out the work, or directing or allowing a worker\nto carry out the work, must, within the period ending 30 days after\nthe day the change occurs, give the regulator a written notice:\n(a) stating the information has changed; and\n(b) describing the change to the information.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 418\nNote for regulation 529H\n(2) If the regulator receives a notice under subregulation (1), the\nundertaking an acknowledgment of receipt of the notice.\n","sortOrder":539},{"sectionNumber":"529J","sectionType":"section","heading":"Notification that work continues 12 months after last notice","content":"529J Notification that work continues 12 months after last notice\ngiven under this Part\n(a) a person conducting a business or undertaking gives a notice\nunder this Part in relation to the work; and\n(b) a period of 12 months beginning on the day the last notice is\ngiven about the work ends; and\n(c) the work is still being carried out.\n(2) A person conducting a business or undertaking carrying out the\nwork, or directing or allowing a worker to carry out the work, must,\nwithin the period ending 30 days after the day the 12-month period\nends, give the regulator a written notice stating:\n(a) the work is still being carried out; and\n(b) any information given to the regulator that has changed.\nNote for regulation 529J\n(3) If the regulator receives a notice under subregulation (2), the\nundertaking an acknowledgement of receipt of the notice.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 419\n","sortOrder":540},{"sectionNumber":"529K","sectionType":"section","heading":"Duty to keep notice given under this Part","content":"529K Duty to keep notice given under this Part\nA person conducting a business or undertaking who gives the\nregulator notice under this Part must, for a period of 5 years\nbeginning on the day the notice is given to the regulator:\n(a) keep a copy of the notice; and\n(b) ensure that a copy of the notice is readily accessible; and\n(c) allow a person to access a copy of the notice upon request.\nNote for regulation 529K\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 420\n","sortOrder":541},{"sectionNumber":"530","sectionType":"section","heading":"This Chapter does not apply to certain facilities","content":"530 This Chapter does not apply to certain facilities\n(1) This Chapter does not apply in relation to a facility that is regulated\nby the National Offshore Petroleum Safety and Environmental\nManagement Authority under the Petroleum (Submerged Lands)\nAct 1981.\n(3) This Chapter does not apply in relation to a pipeline to which the\nEnergy Pipelines Act 1981 applies.\n","sortOrder":542},{"sectionNumber":"531","sectionType":"section","heading":"Meaning of major incident","content":"531 Meaning of major incident\n(1) In this Chapter, a major incident at a major hazard facility is an\noccurrence that:\n(a) results from an uncontrolled event at the major hazard facility\ninvolving, or potentially involving, Schedule 15 chemicals; and\n(b) exposes a person to a serious risk to health or safety\nemanating from an immediate or imminent exposure to the\noccurrence.\n(2) Without limiting subregulation (1), an occurrence includes any of\n(a) escape, spillage or leakage;\n(b) implosion, explosion or fire.\n","sortOrder":543},{"sectionNumber":"532","sectionType":"section","heading":"Meaning of hazardous chemicals that are present or likely to","content":"532 Meaning of hazardous chemicals that are present or likely to\nbe present\n(1) A reference in these Regulations to hazardous chemicals, including\nSchedule 15 chemicals, being present or likely to be present at a\nfacility is a reference to the quantity of hazardous chemicals that\nwould, if present, meet the maximum capacity of the facility,\n(a) the maximum capacity of process vessels and interconnecting\npipe systems that contain the hazardous chemicals; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 421\n(b) the maximum capacity of storage tanks and vessels used for\nthe hazardous chemicals; and\n(c) the maximum capacity of other storage areas at the facility\nthat could contain the hazardous chemicals; and\n(d) the maximum capacity of pipe work outside process areas to\ncontain the hazardous chemicals; and\n(e) the maximum quantity of hazardous chemicals that would, in\nthe event of failure, escape into the facility from pipe work that\nis situated off the premises but is connected to the facility; and\n(f) the maximum quantity of hazardous chemicals loaded into or\nonto, or unloaded from, vehicles, trailers, rolling stock and\nships that are from time to time present at the facility in the\ncourse of the facility's operations.\n(2) Subregulation (1) applies with any necessary changes to hazardous\nchemicals that are likely to be present at a proposed facility.\n(3) Schedule 15 chemicals present or likely to be present in the tailings\ndam of a mine are not to be considered in determining whether a\nmine is a facility or a major hazard facility.\n(4) Schedule 15 chemicals in transit at a designated port, as defined in\nsection 3 of the Ports Management Act 2015, are not to be\nconsidered in determining whether the port is a facility or a major\n","sortOrder":544},{"sectionNumber":"533","sectionType":"section","heading":"Meaning of operator of a facility or proposed facility","content":"533 Meaning of operator of a facility or proposed facility\n(1) In this Chapter, the operator of a facility is the person conducting\nthe business or undertaking of operating the facility who has:\n(a) management or control of the facility; and\n(b) the power to direct that the whole facility be shut down.\n(2) In this Chapter:\noperator of a proposed facility means:\n(a) the operator of a proposed facility that is an existing\nworkplace; or\n(b) the person who is to be the operator of a proposed facility that\nis being designed or constructed.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 422\n(3) If more than 1 person is an operator of the facility within the\nmeaning of subregulation (1):\n(a) 1 of those persons must be selected as the operator of the\nfacility for the purposes of this Chapter; and\n(b) that person's details must be given to the regulator.\n(4) The person selected:\n(a) must notify the regulator of the nomination; and\n(b) may do so by including it in a notification under regulation 536.\n(5) The person selected under subregulation (3) is the operator of the\nfacility for the purposes of this Chapter.\n(6) If a selection is not made, each of the following persons is taken to\nbe an operator of the facility for the purposes of this Chapter:\n(a) each operator within the meaning of subregulation (1) who is\nan individual;\n(b) for each operator within the meaning of subregulation (1) that\nis a body corporate – each officer of the body corporate.\n","sortOrder":545},{"sectionNumber":"534","sectionType":"section","heading":"Meaning of modification of a facility","content":"534 Meaning of modification of a facility\n(1) In these Regulations, a reference to a modification of a major\nhazard facility is a reference to a change or proposed change at the\nmajor hazard facility that has or would have the effect of:\n(a) creating a major incident hazard that has not previously been\nidentified; or\n(b) significantly increasing the likelihood of a major incident\noccurring; or\n(c) in relation to a major incident that may occur – significantly\nincreasing:\n(i) its magnitude; or\n(ii) the severity of its health and safety consequences.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 423\n(2) For the purposes of subregulation (1), a change or proposed\nchange at a major hazard facility means a change or proposed\nchange of any kind, including any of the following:\n(a) a change to any plant, structure, process or chemical or other\nsubstance used in a process, including the introduction of new\nplant, a new structure, a new process or a new chemical;\n(b) a change to the quantity of Schedule 15 chemicals present or\nlikely to be present at the major hazard facility;\n(c) a change to the operation, or the nature of the operation, of\nthe major hazard facility;\n(d) a change in the workers' safety role;\n(e) a change to the major hazard facility's safety management\nsystem;\n(f) an organisational change at the major hazard facility, including\na change in its senior management.\n","sortOrder":546},{"sectionNumber":"535","sectionType":"section","heading":"A major hazard facility must be licensed","content":"535 A major hazard facility must be licensed\n(1) A facility at which Schedule 15 chemicals are present or likely to be\npresent in a quantity that exceeds their threshold quantity must be\nlicensed under Part 9.7.\nSee section 41 of the Act.\n(2) A facility that is determined to be a major hazard facility under\nregulation 541 must be licensed under Part 9.7.\nSee section 41 of the Act.\n(3) Despite subregulation (1) or (2), a determined major hazard facility\nis exempt from the requirement to be licensed during the exemption\nperiod if the operator of the major hazard facility is taken to be a\nsuitable person to operate the facility for the purposes of Part 9.2.\n(4) The operator of a licensed major hazard facility must hold the\nlicence for the major hazard facility.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 424\nexemption period, in relation to a determined major hazard facility,\nmeans the period beginning on the determination of the facility and\nending on the first of the following to occur:\n(a) the revocation of the determination of the facility under\nregulation 546;\n(b) the end of the period for applying for a licence given under\nregulation 549, unless an application for a licence for the\nfacility is made within that period;\n(c) the grant of a licence for the facility under Part 9.7;\n(d) if the regulator decides to refuse to grant a licence for the\nfacility:\n(i) the end of the period for applying for an external review\nof that decision, unless an application for external review\nis made within that period; or\n(ii) the making of the decision on the external review.\nNotes for regulation 535\n1 The licensing process is provided for in Part 9.7.\n2 Under Part 9.2, an operator of a determined major hazard facility is taken\nto be a suitable operator if no determination is made under regulation 543.\n3 Under Part 9.3 the operator of a determined major hazard facility is given\na limited time to prepare the major hazard facility to be licensed, including\nby preparing a safety case.\n4 Part 9.2 provides for the notification and determination of facilities and\noperators of facilities. The purpose of notification is to enable the\nregulator to determine whether:\n(a) a facility or proposed facility is a major hazard facility; and\n(b) the operator of a determined major hazard facility is a suitable\nperson to:\n(i) operate the facility while the determination under\nparagraph (a) is in force; and\n(ii) apply for a licence for the facility.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 425\n","sortOrder":547},{"sectionNumber":"536","sectionType":"section","heading":"Operators of certain facilities must notify regulator","content":"536 Operators of certain facilities must notify regulator\n(1) The operator of a facility at which Schedule 15 chemicals are\npresent or likely to be present in a quantity that exceeds 10% of\ntheir threshold quantity must notify the regulator of this\ncircumstance in accordance with this Part.\n(2) Notification must be given:\n(a) as soon as practicable (but not more than 3 months) after the\noperator becomes aware, or ought reasonably to have\nbecome aware, of the circumstance giving rise to the\nrequirement to notify; or\n(b) within any longer period that the regulator determines if\nsatisfied on application by the operator that there is a\nreasonable excuse for the delayed notification.\nNote for regulation 536\n","sortOrder":548},{"sectionNumber":"537","sectionType":"section","heading":"Notification – proposed facilities","content":"537 Notification – proposed facilities\n(1) The operator of a proposed facility at which Schedule 15 chemicals\nare likely to be present in a quantity that exceeds 10% of their\nthreshold quantity may notify the regulator of this circumstance.\nNotes for regulation 537\n1 See definition proposed facility in regulation 5(1).\n2 For the meaning of likely to be present, see regulation 532.\n(2) Any notification under this regulation must include the information\nrequired by regulation 538 (with any necessary changes).\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 426\n","sortOrder":549},{"sectionNumber":"538","sectionType":"section","heading":"Content of notification","content":"538 Content of notification\n(1) A notification under regulation 536 must be made in the manner\nand form required by the regulator.\n(2) The notification must include the following:\n(a) information about the facility, including the nature of its\noperations;\n(b) information about the operator, including the matters specified\nin subregulation (3);\n(c) information about the Schedule 15 chemicals present or likely\nto be present at the facility;\n(d) the nomination of a contact person with whom the regulator\ncan communicate for the purposes of:\n(i) this Part; and\n(ii) the licensing process;\n(e) any additional information required by the regulator.\n(3) The information given under subregulation (2)(b) must include the\n(a) the operator's name;\n(b) whether or not the operator is a body corporate;\n(c) any other evidence of the operator's identity required by the\n(d) if the operator is an individual:\n(i) a declaration as to whether or not the operator has ever\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 427\n(iii) a declaration as to whether or not the operator has ever\n(iv) details of any enforceable undertaking declared under\n(v) if the operator has previously been refused a major\nhazard facility licence under a corresponding WHS law,\na declaration giving details of that refusal; and\n(vi) if the operator has previously held a major hazard facility\nlicence under a corresponding WHS law, a declaration:\nand\nthe operator had been disqualified from applying\nfor a major hazard facility licence; and\ndisqualification; and\n(e) if the operator is a body corporate, the information specified in\nparagraph (d) in relation to:\n(i) the operator; and\n(ii) each officer of the operator.\n(4) The notification must be accompanied by the relevant fee.\n","sortOrder":550},{"sectionNumber":"539","sectionType":"section","heading":"When regulator may conduct inquiry","content":"539 When regulator may conduct inquiry\nThe regulator may conduct an inquiry under this Division if a\nnotification under regulation 536 or 537 discloses, or if for some\nother reason the regulator reasonably suspects, that:\n(a) the quantity of Schedule 15 chemicals present or likely to be\npresent at a facility (or proposed facility) exceeds 10% of their\nthreshold quantity but does not exceed their threshold\nquantity; or\n(b) the operator of the facility (or proposed facility) may not be a\nsuitable person to operate the facility (or proposed facility).\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 428\n","sortOrder":551},{"sectionNumber":"540","sectionType":"section","heading":"Inquiry procedure","content":"540 Inquiry procedure\n(1) This regulation sets out the procedure for an inquiry.\n(2) The regulator must give a written notice to the person referred to in\nsubregulation (3):\n(a) informing the person of the reasons for the inquiry; and\n(b) advising the person that the person may, by a specified date\n(being not less than 28 days after the notice is given), make a\nsubmission to the regulator in relation to the inquiry.\n(3) Notice under subregulation (2) must be given:\n(a) for an inquiry about a facility in relation to which a notification\nhas been given under regulation 536 or 537 – to the contact\nperson identified in the notification; and\n(b) in any other case – to the operator of the facility.\n(4) The regulator must:\n(a) if the recipient of the notice has made a submission in relation\nto the inquiry – consider that submission; and\n(b) consult with interested persons including:\n(i) health and safety representatives at the facility; and\n(ii) the emergency service organisations that have\nresponsibility for the area in which the facility is located;\nand\n(iii) any government department or agency with a regulatory\nrole in relation to major hazard facilities; and\n(c) decide whether or not to make a determination under\nregulation 541 or 542; and\n(d) if it decides to make a determination under regulation 541\nor 542 – decide whether or not to make a determination in\nrelation to the operator under regulation 543.\n","sortOrder":552},{"sectionNumber":"541","sectionType":"section","heading":"Determination in relation to facility, on inquiry","content":"541 Determination in relation to facility, on inquiry\n(1) This regulation applies if an inquiry discloses that the quantity of\nSchedule 15 chemicals present or likely to be present at a facility or\nproposed facility exceeds 10% of their threshold quantity, but does\nnot exceed their threshold quantity.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 429\n(2) The regulator may determine the facility or proposed facility to be a\nmajor hazard facility if the regulator considers that there is a\npotential for a major incident to occur at the facility or proposed\nfacility having regard to all relevant matters, including:\n(a) the quantity and combination of Schedule 15 chemicals\npresent or likely to be present at the facility; and\n(b) the type of activity at the facility that involves the Schedule 15\nchemicals; and\n(c) land use and other activities in the surrounding area.\nNotes for regulation 541\n1 If an inquiry discloses that the quantity of Schedule 15 chemicals present\nor likely to be present at a facility exceeds their threshold quantity, the\nfacility is a major hazard facility. See definition major hazard facility in\nregulation 5(1).\n2 A determination that a facility is a major hazard facility, or that a proposed\nfacility is not a major hazard facility, is a reviewable decision (see\n","sortOrder":553},{"sectionNumber":"542","sectionType":"section","heading":"Determination in relation to over-threshold facility","content":"542 Determination in relation to over-threshold facility\n(1) This regulation applies if a notification under regulation 536 or 537\ndiscloses that the quantity of Schedule 15 chemicals present or\nlikely to be present at a facility (or proposed facility) exceeds their\nthreshold quantity.\n(2) The regulator must make a determination confirming the facility (or\nproposed facility) to be a major hazard facility.\nA determination that a facility is a major hazard facility is a reviewable decision\n","sortOrder":554},{"sectionNumber":"543","sectionType":"section","heading":"Suitability of facility operator","content":"543 Suitability of facility operator\n(1) This regulation applies if the regulator determines a facility or a\nproposed facility to be a major hazard facility under regulation 541\nor 542.\n(2) The regulator may determine that the operator of the major hazard\nfacility or proposed major hazard facility is not a suitable person to\noperate the major hazard facility if the regulator:\n(a) has conducted an inquiry under regulation 540 into the\nsuitability of the operator; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 430\n(b) is satisfied on reasonable grounds that the operator is not a\nsuitable person to operate the major hazard facility or\nproposed major hazard facility.\n(3) If no determination is made under this regulation, the operator of\nthe major hazard facility or proposed major hazard facility is taken\nto be a suitable person to operate the major hazard facility and to\napply for a major hazard facility licence.\nNote for regulation 543\nA determination that a person is not a suitable operator is a reviewable decision\n","sortOrder":555},{"sectionNumber":"544","sectionType":"section","heading":"Conditions on determination of major hazard facility","content":"544 Conditions on determination of major hazard facility\non a determination made under regulation 541 or 542.\n(a) additional control measures that must be implemented in\nrelation to the carrying out of work or activities at the\ndetermined major hazard facility;\n(b) the recording or keeping of additional information;\n(c) the provision of additional information, training and instruction\nor the provision of specified information, training and\ninstruction to additional persons or classes of persons;\n(d) the provision of additional information to the regulator;\n(e) if the operator is a person conducting a business or\nundertaking, the additional class of persons who may carry out\nwork or activities on the operator's behalf.\n(3) The operator of a determined major hazard facility, in relation to\nwhich conditions are imposed under this regulation, must ensure\nthat the conditions are complied with.\nNote for regulation 544\nA decision to impose a condition on a determination is a reviewable decision (see\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 431\n","sortOrder":556},{"sectionNumber":"545","sectionType":"section","heading":"Notice and effect of determinations","content":"545 Notice and effect of determinations\n(1) If the regulator makes a determination under this Part, the regulator\nmust give the operator of the determined major hazard facility a\nwritten notice of the determination, stating:\n(a) the reasons for the determination; and\n(b) the date on which the determination takes effect, which must\nbe at least 28 days after the date of the notice; and\n(c) any conditions imposed on the determination under\nregulation 544.\n(2) The notice must be given within 14 days of the making of the\ndetermination.\n(3) The effect of a determination under regulation 543 is that:\n(a) the operator is not taken to be a suitable person to operate the\ndetermined major hazard facility; and\n(b) the exemption provided by regulation 535(3) does not apply to\nthe determined major hazard facility.\nFor the effect of a determination under regulation 541 or 542, see definition\ndetermined major hazard facility in regulation 5(1).\n(4) A determination takes effect on the date specified in the notice.\n(5) A determination is of unlimited duration unless it is revoked.\n","sortOrder":557},{"sectionNumber":"546","sectionType":"section","heading":"When regulator may revoke a determination","content":"546 When regulator may revoke a determination\nThe regulator may revoke a determination under this Part if, after\nconsultation with the major hazard facility's contact person or\noperator (as applicable), the regulator is satisfied that the reasons\nfor the determination no longer apply.\n","sortOrder":558},{"sectionNumber":"547","sectionType":"section","heading":"Re-notification if quantity of Schedule 15 chemicals increases","content":"547 Re-notification if quantity of Schedule 15 chemicals increases\n(1) This regulation applies to a facility or proposed facility:\n(a) at which the quantity of Schedule 15 chemicals present or\nlikely to be present exceeds 10% of their threshold quantity\nbut does not exceed their threshold quantity; and\n(b) in relation to which notification was given under regulation 536\nor 537; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 432\n(c) in relation to which the regulator:\n(i) has not conducted an inquiry under this Division; or\n(ii) on conducting an inquiry, has not determined the facility\nor proposed facility to be a major hazard facility under\nregulation 541.\n(2) The operator of the facility or proposed facility must renotify the\nregulator in accordance with this Part if the quantity of Schedule 15\nchemicals present or likely to be present at the facility or proposed\nfacility increases, or is likely to increase, to a level that exceeds the\nlevel previously notified to the regulator.\n(3) The provisions of this Part apply, to the extent that they relate to a\nre-notification under this regulation, as if the re-notification were a\nnotification under regulation 536.\n","sortOrder":559},{"sectionNumber":"548","sectionType":"section","heading":"Notification by new operator","content":"548 Notification by new operator\n(1) This regulation applies:\n(a) in relation to a determined major hazard facility that is\nproposed to be operated by a new operator;\n(b) whether or not a determination under regulation 543 was\nmade in relation to the current operator.\n(2) A proposed new operator of the determined major hazard facility\nmust give the regulator a notification that contains the information\nspecified in regulation 538(2) in relation to the proposed new\noperator.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 433\n(3) The provisions of this Part apply, to the extent that they relate to the\nsuitability of an operator, as if the notification under\nsubregulation (2) were a notification under regulation 536.\n","sortOrder":560},{"sectionNumber":"549","sectionType":"section","heading":"Time in which major hazard facility licence must be applied for","content":"549 Time in which major hazard facility licence must be applied for\n(1) Subject to this regulation, the operator of a determined major\nhazard facility must apply for a major hazard facility licence within\n24 months after the determination of the facility.\n(2) The regulator may extend the time in which the operator of a\ndetermined major hazard facility must apply for a licence if satisfied,\non application by the operator, that there has not been sufficient\ntime to comply with Part 9.3.\nNote for regulation 549\nThe exemption from the requirement to be licensed is conditional on an\napplication for a licence being made within the time specified by this regulation\n(see regulation 535(3) and (5)).\nPart 9.3 Duties of operators of determined major hazard\nNotes for Part 9.3\n1 The operator of a determined major hazard facility is required to comply\nwith this Part for a specified period and to prepare a safety case in order to\napply for a major hazard facility licence.\n2 The Act and Chapter 7 of these Regulations (Hazardous Chemicals)\ncontinue to apply to a determined major hazard facility.\n","sortOrder":561},{"sectionNumber":"550","sectionType":"section","heading":"Application of Part 9.3","content":"550 Application of Part 9.3\nThis Part ceases to apply to a determined major hazard facility at\nthe end of the exemption period applying to that facility under\nregulation 535.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 434\n","sortOrder":562},{"sectionNumber":"551","sectionType":"section","heading":"Safety case outline must be provided","content":"551 Safety case outline must be provided\nThe operator of a determined major hazard facility must provide the\nregulator with a safety case outline for the major hazard facility\nwithin 3 months after the facility is determined to be a major hazard\nNote for regulation 551\n","sortOrder":563},{"sectionNumber":"552","sectionType":"section","heading":"Content","content":"552 Content\nA safety case outline provided under regulation 551 must include\n(a) a written plan for the preparation of the safety case, including\nkey steps and time lines, with reference being made to each\nelement of the safety case;\n(b) a description of the methods to be used in preparing the safety\ncase, including methods for ensuring that all the information\ncontained in the safety case is accurate and up-to-date when\nthe safety case is provided to the regulator;\n(c) details of the resources that will be applied to the preparation\nof the safety case, including the number of persons involved,\ntheir relevant knowledge and experience and sources of\ntechnical information;\n(d) a description of the consultation with workers that:\n(i) occurred in the preparation of the safety case outline;\nand\n(ii) will occur in the preparation of the safety case;\n(e) a draft of the emergency plan prepared or to be prepared\nunder regulation 557;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 435\n(f) a summary of any arrangements that are to be made in\nrelation to the security of the major hazard facility.\nExample for regulation 552\nArrangements for preventing unauthorised access to the major hazard facility.\n","sortOrder":564},{"sectionNumber":"553","sectionType":"section","heading":"Alteration","content":"553 Alteration\n(1) If the regulator is not satisfied that a safety case outline provided by\nthe operator of a determined major hazard facility will lead to the\ndevelopment of a safety case that complies with regulation 561, the\nregulator may require the operator to alter the outline.\n(2) If the regulator proposes to require an operator to alter a safety\ncase outline, the regulator must give the operator a written notice:\n(a) informing the operator of the proposed requirement and the\nreasons for it; and\n(b) advising the operator that the operator may make a\nsubmission to the regulator in relation to the proposed\nrequirement; and\n(c) specifying the date (being not less than 28 days) by which the\nsubmission must be made.\n(3) The regulator must:\nproposed requirement to alter a safety case outline – consider\nthat submission; and\n(b) whether or not the operator has made a submission – decide\nwhether or not to require the operator to alter the outline; and\n(c) within 14 days after deciding, give the operator written notice\nof the decision, including details of the alteration required and\nthe reasons why it is required.\n(4) The operator must alter the outline as required.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 436\n(5) The operator must give the regulator a copy of a safety case outline\nthat has been altered:\n(a) under this regulation; or\n(b) by the operator on the operator's initiative.\n(6) The safety case outline as altered becomes the safety case outline\nfor the major hazard facility.\n","sortOrder":565},{"sectionNumber":"554","sectionType":"section","heading":"Identification of major incidents and major incident hazards","content":"554 Identification of major incidents and major incident hazards\n(1) The operator of a determined major hazard facility must identify:\n(a) all major incidents that could occur in the course of the\noperation of the major hazard facility; and\n(b) all major incident hazards for the major hazard facility,\nincluding major incident hazards relating to the security of the\n(2) In complying with subregulation (1), the operator must have regard\nto any advice and recommendations given by:\n(b) any government department or agency with a regulatory role\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 437\n(3) The operator must document:\n(a) all identified major incidents and major incident hazards; and\n(b) the criteria and methods used in identifying the major incidents\n(c) any external conditions under which the major incident\nhazards, including those relating to the security of the major\nhazard facility, might give rise to the major incidents.\n","sortOrder":566},{"sectionNumber":"555","sectionType":"section","heading":"Safety assessment","content":"555 Safety assessment\n(1) The operator of a determined major hazard facility must conduct a\nsafety assessment in relation to the operation of the major hazard\n(2) In order to provide the operator with a detailed understanding of all\naspects of risks to health and safety associated with major\nincidents, a safety assessment must involve a comprehensive and\nsystematic investigation and analysis of all aspects of risks to\nhealth and safety associated with all major incidents that could\noccur in the course of the operation of the major hazard facility,\n(a) the nature of each major incident and major incident hazard;\n(b) the likelihood of each major incident hazard causing a major\nincident;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 438\n(c) in the event of a major incident occurring, its potential\nmagnitude and the severity of its potential health and safety\nconsequences;\n(d) the range of control measures considered;\n(e) the control measures the operator decides to implement.\n(3) In conducting a safety assessment, the operator must:\n(a) consider major incidents and major incident hazards\ncumulatively as well as individually; and\n(b) use assessment methods (whether quantitative or qualitative,\nor both), that are suitable for the major incidents and major\nincident hazards being considered.\n(4) The operator must document all aspects of the safety assessment,\n(a) the methods used in the investigation and analysis; and\n(b) the reasons for deciding which control measures to\nimplement.\n(5) The operator must keep a copy of the safety assessment at the\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 439\n","sortOrder":567},{"sectionNumber":"556","sectionType":"section","heading":"Control of risk","content":"556 Control of risk\n(1) The operator of a determined major hazard facility must implement\ncontrol measures that:\n(a) eliminate, so far as is reasonably practicable, the risk of a\nmajor incident occurring; or\n(b) if it is not reasonably practicable to eliminate that risk –\nminimise that risk so far as is reasonably practicable.\n(2) The operator of a determined major hazard facility must implement\nrisk control measures designed to minimise, in the event of a major\nincident occurring, its magnitude and the severity of its\nconsequences to persons both on-site and off-site.\n","sortOrder":568},{"sectionNumber":"557","sectionType":"section","heading":"Emergency plan","content":"557 Emergency plan\n(1) The operator of a determined major hazard facility must prepare an\nemergency plan for the major hazard facility that:\n(a) addresses all health and safety consequences of a major\nincident occurring; and\n(b) includes all matters specified in Schedule 16; and\n(c) provides for testing of emergency procedures, including the\nfrequency of testing.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 440\n(2) In preparing an emergency plan, the operator must consult with:\n(b) in relation to the off-site health and safety consequences of a\nmajor incident occurring – the local authority.\n(3) The operator must ensure that the emergency plan addresses any\nrecommendation made by the emergency service organisations\nconsulted under subregulation (2) in relation to:\n(a) the testing of the emergency plan, including the manner in\nwhich it will be tested, the frequency of testing and whether or\nnot the emergency service organisations will participate in the\ntesting; and\n(b) what incidents or events at the major hazard facility should be\nnotified to the emergency service organisations.\n(4) The operator must have regard to any other recommendation or\nadvice given by a person consulted under subregulation (2).\n(5) The operator must:\n(a) keep a copy of the plan at the major hazard facility; and\n(b) give a copy of the plan to:\n(i) the emergency service organisations consulted under\nsubregulation (2); and\n(ii) any other relevant emergency service organisations.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 441\n(6) The operator must test the emergency plan in accordance with the\nrecommendations made by the emergency service organisations\nconsulted under subregulation (2) before applying for a licence for\nthe major hazard facility.\n(7) The operator must immediately implement the emergency plan if:\n(a) a major incident occurs in the course of the operation of the\nmajor hazard facility; or\n(b) an event occurs that could reasonably be expected to lead to\na major incident.\n(8) The operator must notify the emergency service organisations\nconsulted under subregulation (2) of the occurrence of an incident\nor event referred to in subregulation (3)(b).\nNote for subregulation (8)\nNote for regulation 557\nThis regulation applies in addition to regulation 43.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 442\n","sortOrder":569},{"sectionNumber":"558","sectionType":"section","heading":"Safety management system","content":"558 Safety management system\n(1) The operator of a determined major hazard facility must establish a\nsafety management system for the operation of the major hazard\nfacility, in accordance with this regulation.\n(2) The operator of a determined major hazard facility must implement\nthe safety management system for the major hazard facility, so far\nas is reasonably practicable.\n(3) The safety management system must:\n(a) provide a comprehensive and integrated system for the\nmanagement of all aspects of risk control in relation to the\noccurrence and potential occurrence of major incidents at the\nmajor hazard facility; and\n(b) be designed to be used by the operator as the primary means\nof ensuring the safe operation of the major hazard facility.\n(4) The safety management system must:\n(a) be documented; and\n(b) state the operator's safety policy, including the operator's\nbroad aims in relation to the safe operation of the major\nhazard facility; and\n(c) state the operator's specific safety objectives and describe the\nsystems and procedures that will be used to achieve those\nobjectives; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 443\n(d) include the matters specified in Schedule 17; and\n(e) be readily accessible to persons who use it.\n","sortOrder":570},{"sectionNumber":"559","sectionType":"section","heading":"Review of risk management","content":"559 Review of risk management\n(1) The operator of a determined major hazard facility must review and\nas necessary revise the following, in accordance with this\nregulation:\n(a) the safety assessment conducted under regulation 555 in\norder to ensure the adequacy of the control measures to be\nimplemented by the operator;\n(b) the major hazard facility's emergency plan;\n(c) the major hazard facility's safety management system.\n(2) Without limiting subregulation (1), the operator must conduct a\nreview and revision in the following circumstances:\n(a) a modification to the major hazard facility is proposed;\n(b) a control measure implemented under regulation 556 does not\nminimise the relevant risk so far as is reasonably practicable;\n(c) a new major hazard risk is identified;\n(d) the results of consultation by the operator under Part 9.5\nindicate that a review is necessary;\nsubregulation (4);\n(f) the regulator requires the review.\nExample for subregulation (2)(b)\nAn effectiveness test indicates a deficiency in the control measure.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 444\n(3) In reviewing and revising the emergency plan, the operator must\nconsult with the emergency service organisations referred to in\nregulation 557(2).\n(4) A health and safety representative for workers at a major hazard\nfacility may request a review if the representative reasonably\nbelieves that:\n(b) the operator has not adequately conducted a review in\n","sortOrder":571},{"sectionNumber":"560","sectionType":"section","heading":"Safety case must be provided","content":"560 Safety case must be provided\nThe operator of a determined major hazard facility must provide the\nregulator with a completed safety case for the major hazard facility,\nthat has been prepared in accordance with regulation 561, within\n24 months after the facility was determined to be a major hazard\nNote for regulation 560\n","sortOrder":572},{"sectionNumber":"561","sectionType":"section","heading":"Content","content":"561 Content\n(1) The operator must prepare the safety case in accordance with the\nsafety case outline prepared or altered under this Division.\n(2) A safety case must contain the following:\n(a) a summary of the identification conducted under\nregulation 554, including a list of all major incidents identified;\n(b) a summary of the safety assessment conducted under\nregulation 555;\n(c) a summary of the major hazard facility's emergency plan;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 445\n(d) a summary of the major hazard facility's safety management\nsystem;\n(e) a description of any arrangements made in relation to the\nsecurity of the major hazard facility;\n(f) a description of the consultation with workers that took place\nunder regulation 575 in the preparation of the safety case;\n(g) the additional matters specified in Schedule 18.\n(3) The safety case must include any further information that is\nnecessary to ensure that all information contained in the safety\ncase is accurate and up-to-date.\n(4) A safety case must demonstrate:\n(a) that the major hazard facility's safety management system will,\nonce implemented, control risks arising from major incidents\n(b) the adequacy of the measures to be implemented by the\noperator to control risks associated with the occurrence and\npotential occurrence of major incidents.\n(5) The operator must include in the safety case a signed statement\n(a) the information provided under subregulations (1) and (2) is\naccurate and up-to-date; and\n(b) as a consequence of conducting the safety assessment, the\noperator has a detailed understanding of all aspects of risk to\nhealth and safety associated with major incidents that may\noccur; and\n(c) the control measures to be implemented by the operator:\n(i) will eliminate the risk of a major incident occurring, so far\nas is reasonably practicable; and\n(ii) if it is not reasonably practicable to eliminate the risk of a\nmajor incident occurring – will minimise the risk so far as\nis reasonably practicable; and\n(iii) in the event of a major incident occurring – will minimise\nits magnitude and the severity of its health and safety\nconsequences so far as is reasonably practicable; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 446\n(d) all persons to be involved in the implementation of the safety\nmanagement system have the knowledge and skills necessary\nto enable them to carry out their role safely and competently.\n(6) If the operator is a body corporate, the safety case must be signed\nby the most senior executive officer of the body corporate who\nresides in the Territory.\n","sortOrder":573},{"sectionNumber":"562","sectionType":"section","heading":"Coordination for multiple facilities","content":"562 Coordination for multiple facilities\n(1) The regulator may require the operators of 2 or more major hazard\nfacilities to coordinate the preparation of the safety cases for their\nmajor hazard facilities if the regulator is satisfied on reasonable\ngrounds that such coordination is necessary in the interests of the\nsafe operation and effective safety management of any or all of\nthose major hazard facilities.\n(2) If the regulator requires the coordinated preparation of safety\ncases, each operator must provide the other operators with\ninformation concerning any circumstances at the operator's facility\nthat could constitute a major incident hazard in relation to any of the\nother major hazard facilities.\n(3) In complying with this regulation, the operator is not required to\ndisclose information that may expose the major hazard facility to a\nmajor incident hazard in relation to the security of the major hazard\n","sortOrder":574},{"sectionNumber":"563","sectionType":"section","heading":"Review","content":"563 Review\nThe operator of a determined major hazard facility must review and\nas necessary revise the major hazard facility's safety case after any\nreview is conducted under regulation 559.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 447\nNotes for regulation 563\n2 The operator of a licensed major hazard facility is required to notify the\nregulator of any change in relation to certain information about the licence\n(see regulation 588).\nPart 9.4 Licensed major hazard facilities – risk\nmanagement\nNote for Part 9.4\nThis Part applies to a major hazard facility that is licensed under Part 9.7.\n","sortOrder":575},{"sectionNumber":"564","sectionType":"section","heading":"Identification of major incidents and major incident hazards","content":"564 Identification of major incidents and major incident hazards\n(1) The operator of a licensed major hazard facility must identify:\n(a) all major incidents that could occur in the course of the\noperation of the major hazard facility; and\n(b) all major incident hazards for the major hazard facility,\nincluding major incident hazards relating to the security of the\n(2) In complying with subregulation (1), the operator must have regard\nto any advice and recommendations given by:\n(b) any government department or agency with a regulatory role\n(3) The operator must document:\n(a) all identified major incidents and major incident hazards; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 448\n(b) the criteria and methods used in identifying the major incidents\n(c) any external conditions under which the major incident\nhazards, including those relating to the security of the major\nhazard facility, might give rise to the major incidents.\n(4) All major incidents and major incident hazards identified and\ndocumented under regulation 554 in relation to the major hazard\nfacility are taken to have been identified and documented under this\n","sortOrder":576},{"sectionNumber":"565","sectionType":"section","heading":"Safety assessment","content":"565 Safety assessment\nThe operator of a licensed major hazard facility must keep a copy of\nthe safety assessment documented under regulation 555 as revised\nunder Part 9.3 and this Part at the facility.\nNote for regulation 565\n","sortOrder":577},{"sectionNumber":"566","sectionType":"section","heading":"Control of risk","content":"566 Control of risk\n(1) The operator of a licensed major hazard facility must implement risk\ncontrol measures that:\n(a) eliminate, so far as is reasonably practicable, the risk of a\nmajor incident occurring; or\n(b) if it is not reasonably practicable to eliminate that risk –\nminimise that risk so far as is reasonably practicable.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 449\n(2) The operator of a licensed major hazard facility must implement risk\ncontrol measures designed to minimise, in the event of a major\nincident occurring, its magnitude and the severity of its\nconsequences to persons both on-site and off-site.\n","sortOrder":578},{"sectionNumber":"567","sectionType":"section","heading":"Emergency plan","content":"567 Emergency plan\n(1) The operator of a licensed major hazard facility must keep a copy of\nthe major hazard facility's emergency plan prepared under\nregulation 557 as revised under Part 9.3 and this Part at the facility.\n(2) The operator must test the emergency plan in accordance with the\nrecommendations made by the emergency service organisations\nreferred to in regulation 557(2).\n(3) The operator must immediately implement the emergency plan if:\n(a) a major incident occurs in the course of the operation of the\nmajor hazard facility; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 450\n(b) an event occurs that could reasonably be expected to lead to\na major incident.\n(4) The operator must notify the regulator and the emergency service\norganisations referred to in regulation 557(2) of the occurrence of\nan incident or event referred to in regulation 557(3) as soon as\npracticable after the incident or event occurs.\n","sortOrder":579},{"sectionNumber":"568","sectionType":"section","heading":"Safety management system","content":"568 Safety management system\n(1) The operator of a licensed major hazard facility must implement the\nmajor hazard facility's safety management system established\nunder regulation 558 as revised under Part 9.3 and this Part.\n(2) The operator must use the safety management system as the\nprimary means of:\n(a) ensuring the health and safety of workers engaged or caused\nto be engaged by the operator and workers whose activities in\ncarrying out work are influenced or directed by the operator\nwhile the workers are at work in the operation of the major\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 451\nhazard facility; and\n(b) ensuring that the health and safety of other persons is not put\nat risk from work carried out as part of the operation of the\nNote for regulation 568\nThe operator of a licensed major hazard facility is required to notify the regulator\nof any change in relation to certain information about the licence (see\nregulation 588).\n","sortOrder":580},{"sectionNumber":"569","sectionType":"section","heading":"Review of risk management","content":"569 Review of risk management\n(1) The operator of a licensed major hazard facility must review and as\nnecessary revise the following, in accordance with this regulation:\n(a) the safety assessment for the facility in order to ensure the\nadequacy of the control measures to be implemented by the\noperator;\n(b) the major hazard facility's emergency plan;\n(c) the major hazard facility's safety management system.\n(2) Without limiting subregulation (1), the operator must conduct a\nreview and revision in the following circumstances:\n(a) a modification to the major hazard facility is proposed;\n(b) a control measure implemented under regulation 566 does not\nminimise the relevant risk so far as is reasonably practicable;\n(c) a new major hazard risk is identified;\n(d) the results of consultation by the operator under Part 9.5\nindicate that a review is necessary;\nsubregulation (5);\n(f) the regulator requires the review;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 452\n(g) at least once every 5 years.\nExample for subregulation (2)(a)\nAn effectiveness test indicates a deficiency in the control measure.\n(3) In reviewing and revising the safety assessment, the operator must\ncomply with the requirements set out in regulation 555(2),\n(3) and (4).\n(4) In reviewing and revising the emergency plan, the operator must\nconsult with the emergency service organisations referred to in\nregulation 557(2).\n(5) A health and safety representative for workers at a major hazard\nfacility may request a review if the representative reasonably\nbelieves that:\n(b) the operator has not adequately conducted a review in\n","sortOrder":581},{"sectionNumber":"570","sectionType":"section","heading":"Safety case – review","content":"570 Safety case – review\nThe operator of a licensed major hazard facility must review and as\nnecessary revise the safety case after any review is conducted\nunder regulation 569.\nNotes for regulation 570\n2 The operator of a licensed major hazard facility is required to notify the\nregulator of any change in relation to certain information about the licence\n(see regulation 588).\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 453\n","sortOrder":582},{"sectionNumber":"571","sectionType":"section","heading":"Information for visitors","content":"571 Information for visitors\nThe operator of a licensed major hazard facility must ensure that a\nperson other than a worker who enters the major hazard facility is\nas soon as practicable:\n(a) informed about hazards at the major hazard facility that may\naffect that person; and\n(b) instructed in safety precautions the person should take; and\n(c) instructed in the actions the person should take if the\nemergency plan is implemented while the person is on-site.\nNote for regulation 571\n","sortOrder":583},{"sectionNumber":"572","sectionType":"section","heading":"Information for local community – general","content":"572 Information for local community – general\n(1) The operator of a licensed major hazard facility must ensure the\nprovision of the following information to the local community and the\nlocal authority:\n(a) the name and location of the major hazard facility;\n(b) the name, position and contact details of a contact person\nfrom whom information may be obtained;\n(c) a general description of the major hazard facility's operations;\n(d) the means by which the local community will be informed of a\nmajor incident occurring;\n(e) the actions, as specified in the major hazard facility's\nemergency plan, that members of the local community should\ntake if a major incident occurs;\n(f) a summary of the safety case for the major hazard facility.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 454\n(2) The operator must ensure that the information provided under\nsubregulation (1) is:\n(a) set out and expressed in a way that is readily accessible and\nunderstandable to persons who are not familiar with the major\nhazard facility and its operations; and\n(b) reviewed and as necessary revised if a modification is made\nto the major hazard facility; and\n(c) sent in writing to any community or public library serving the\nlocal community.\n(3) In complying with subregulation (1), the operator is not required to\ndisclose information that may expose the major hazard facility to a\nmajor incident hazard in relation to the security of the major hazard\n(4) The operator of a licensed major hazard facility who receives a\nwritten request from a person who reasonably believes that the\noccurrence of a major incident at the major hazard facility may\nadversely affect his or her health or safety must give that person a\ncopy of the information provided to the local community under this\n","sortOrder":584},{"sectionNumber":"573","sectionType":"section","heading":"Information for local community – major incident","content":"573 Information for local community – major incident\n(1) As soon as practicable after a major incident occurs, the operator of\nthe major hazard facility must take all reasonable steps to provide\nthe persons specified in subregulation (2) with information about the\nmajor incident, including:\n(a) a general description of the major incident; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 455\n(b) a description of the actions the operator has taken and\nproposes to take to prevent any recurrence of the major\nincident or the occurrence of a similar major incident; and\n(c) recommended actions that the local authority and members of\nthe local community should take to eliminate or minimise risks\nto health and safety.\n(2) The persons to whom information about a major incident must be\ngiven are:\n(a) the local community, if a member of the local community was\naffected by the major incident; and\n(b) the local authority; and\n(c) any government department or agency with a regulatory role\n","sortOrder":585},{"sectionNumber":"574","sectionType":"section","heading":"Safety role for workers","content":"574 Safety role for workers\n(1) The operator of a determined major hazard facility must, within the\ntime specified in the safety case outline for the major hazard facility,\nimplement a safety role for the workers at the major hazard facility\nthat enables them to contribute to:\n(a) the identification of major incidents and major incident hazards\nunder regulation 554; and\n(b) the consideration of control measures in the conduct of the\nsafety assessment under regulation 555; and\n(c) the conduct of a review under regulation 559.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 456\n(2) The operator of a licensed major hazard facility must implement a\nsafety role for workers at the facility so as to enable them to\ncontribute to the conduct of a review under regulation 569.\n","sortOrder":586},{"sectionNumber":"575","sectionType":"section","heading":"Operator of major hazard facility must consult with workers","content":"575 Operator of major hazard facility must consult with workers\n(1) For the purposes of section 49(f) of the Act, the operator of a\ndetermined major hazard facility must consult with workers at the\nmajor hazard facility in relation to the following:\n(a) the preparation of the safety case outline for the major hazard\nfacility;\n(b) the preparation, testing and implementation of the major\nhazard facility's emergency plan;\n(c) the establishment and implementation of the major hazard\nfacility's safety management system;\n(d) the conduct of a review under regulation 559;\n(e) the implementation of the workers' safety role under\nregulation 574(1);\n(f) the preparation and review of the major hazard facility's safety\ncase.\n\nPart 9.6 Duties of workers at licensed major hazard facilities\nWork Health and Safety (National Uniform Legislation) Regulations 2011 457\n(2) For the purposes of section 49(f) of the Act, the operator of a\nlicensed major hazard facility must consult with workers at the\nmajor hazard facility in relation to the following:\n(a) the testing and implementation of the major hazard facility's\nemergency plan;\n(b) the implementation of the major hazard facility's safety\nmanagement system;\n(c) the conduct of a review under regulation 569;\n(d) the implementation of the workers' safety role under\nregulation 574(2);\n(e) a review of the major hazard facility's safety case.\nNotes for regulation 575\n2 See section 49 of the Act for other consultation duties of a person\nconducting a business or undertaking.\nPart 9.6 Duties of workers at licensed major hazard\n576 Duties\n(1) While at work, a worker at a licensed major hazard facility must:\n(a) comply with any procedure imposed by the operator as a\ncontrol measure in relation to major incidents, including the\ntaking of corrective action under the procedure; and\n(b) comply with any procedure in the emergency plan, including\nthe taking of corrective action under the plan; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 458\n(c) immediately inform the operator about any circumstance that\nthe worker believes may cause a major incident; and\n(d) inform his or her supervisor about any corrective action taken\nby the worker.\n(2) A worker is not required to comply with subregulation (1) if to do so\nwould risk the health or safety of the worker or of another worker or\nother person.\n","sortOrder":587},{"sectionNumber":"577","sectionType":"section","heading":"Who may apply for a licence","content":"577 Who may apply for a licence\nOnly an operator of a determined major hazard facility who is taken\nto be a suitable operator under regulation 543 may apply for a\nmajor hazard facility licence for that facility.\n","sortOrder":588},{"sectionNumber":"578","sectionType":"section","heading":"Application for major hazard facility licence","content":"578 Application for major hazard facility licence\n(1) An application for a major hazard facility licence must be made in\nthe manner and form required by the regulator.\n(a) the operator's name;\n(b) whether or not the operator is a body corporate;\n(c) if the operator conducts the business or undertaking under a\n(d) any other evidence of the operator's identity required by the\n(e) the safety case prepared under Part 9.3, Division 4;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 459\n(f) if the operator is an individual:\n(i) a declaration as to whether or not the operator has ever\n(iii) a declaration as to whether or not the operator has ever\n(iv) details of any enforceable undertaking declared under\n(v) if the operator has previously been refused a major\nhazard facility licence under a corresponding WHS law,\na declaration giving details of that refusal; and\n(vi) if the operator has previously held a major hazard facility\nlicence under the Act or these Regulations or under a\ncorresponding WHS law, a declaration:\nand\nthe operator had been disqualified from applying\nfor a major hazard facility licence; and\ndisqualification;\n(g) if the operator is a body corporate, the information referred to\nin paragraph (f) in relation to:\n(i) the operator; and\n(ii) each officer of the operator.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 460\n","sortOrder":589},{"sectionNumber":"579","sectionType":"section","heading":"Additional information","content":"579 Additional information\n(1) If an application for a major hazard facility licence does not contain\nsufficient information to enable the regulator to make a decision\nwhether or not to grant the licence, the regulator may ask the\noperator to provide additional information.\n(3) If an operator does not provide the additional information by the\nNote for regulation 579\n","sortOrder":590},{"sectionNumber":"580","sectionType":"section","heading":"Decision on application","content":"580 Decision on application\n(1) Subject to this regulation, the regulator must grant a major hazard\nfacility licence if satisfied about the matters referred to in\n(b) the safety case for the facility has been prepared in\naccordance with Part 9.3, Division 4;\n(c) the operator is able to operate the major hazard facility safely\nand competently;\n(d) the operator is able to comply with any conditions that will\napply to the licence.\n(3) The regulator may refuse to grant a major hazard facility licence if it\nbecomes aware of circumstances that satisfy it that the following\npersons are not suitable persons to exercise management or\ncontrol over the major hazard facility:\n(a) if the operator is an individual – the operator;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 461\n(b) if the operator is a body corporate – any officer of the body\ncorporate.\n(4) The regulator must refuse to grant a major hazard facility licence if\nsatisfied that the operator, in making the application, has:\n(5) If the regulator decides to grant the licence, it must notify the\noperator within 14 days after making the decision.\n(6) If the regulator does not make a decision within 6 months after\nunder regulation 579, the regulator is taken to have refused to grant\nNote for regulation 580\nA refusal to grant a major hazard facility licence (including under\nsubregulation (6)) is a reviewable decision (see regulation 676).\n","sortOrder":591},{"sectionNumber":"581","sectionType":"section","heading":"Matters to be taken into account","content":"581 Matters to be taken into account\n(1) For the purposes of regulation 580(3), if the operator is an\nindividual, the regulator must have regard to all relevant matters,\ncorresponding WHS law of which the operator has been\n(b) any enforceable undertaking the operator has entered into\nunder the Act or under a corresponding WHS law;\noperator under the Act or these Regulations or under a\n(ii) any condition imposed on the licence, if granted, and the\nreason the condition was imposed; and\nincluding any disqualification from applying for a major\nhazard facility licence;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 462\n(d) the operator's record in relation to any matters arising under\nlaw;\n(e) any advice or recommendations received from any agency of\nthe Crown with responsibility in relation to national security.\n(2) For the purposes of regulation 580(3), if the operator is a body\ncorporate, the regulator must have regard to all relevant matters,\nincluding the matters referred to in subregulation (1), in relation to:\n","sortOrder":592},{"sectionNumber":"582","sectionType":"section","heading":"When decision is to be made","content":"582 When decision is to be made\nThe regulator must make a decision in relation to an application for\na major hazard facility licence within 6 months after receiving the\napplication or the additional information requested under\nregulation 579.\n","sortOrder":593},{"sectionNumber":"583","sectionType":"section","heading":"Refusal to grant major hazard facility licence – process","content":"583 Refusal to grant major hazard facility licence – process\n(1) If the regulator proposes to refuse to grant a major hazard facility\nlicence, the regulator must give a written notice to the operator:\n(a) informing the operator of the reasons for the proposed refusal;\nand\n(b) whether or not the operator has made a submission – decide\n(c) within 14 days after making the decision, give the operator\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 463\n","sortOrder":594},{"sectionNumber":"584","sectionType":"section","heading":"Conditions of licence","content":"584 Conditions of licence\non a major hazard facility licence.\n(a) additional control measures which must be implemented in\nrelation to the carrying out of work or activities under the\n(b) the recording or keeping of additional information;\n(c) the provision of additional information, training and instruction\nor the giving of specified information, training and instruction\nto additional persons or classes of persons;\n(d) the provision of additional information to the regulator;\n(e) if the operator is a person conducting a business or\nundertaking, the additional class of persons who may carry out\nwork or activities on the operator's behalf.\nNotes for regulation 584\n","sortOrder":595},{"sectionNumber":"585","sectionType":"section","heading":"Duration of licence","content":"585 Duration of licence\nSubject to this Part, a major hazard facility licence takes effect on\nthe day it is granted and, unless cancelled earlier, expires on the\nday determined by the regulator, which must be not more than\n5 years after the day the licence was granted.\n","sortOrder":596},{"sectionNumber":"586","sectionType":"section","heading":"Licence document","content":"586 Licence document\n(1) If the regulator grants a major hazard facility licence, the regulator\nmust issue to the operator a licence document in the form\n(a) the name of the operator;\n(b) if the operator conducts the business or undertaking under a\nbusiness name – that business name;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 464\n(c) the location of the major hazard facility;\n(d) any conditions imposed on the licence by the regulator;\n(e) the date on which the licence was granted;\n(f) the expiry date of the licence.\n","sortOrder":597},{"sectionNumber":"587","sectionType":"section","heading":"Licence document to be available","content":"587 Licence document to be available\n(1) The operator of the major hazard facility must keep the licence\ndocument available for inspection under the Act.\nthe operator's possession because:\n(a) it has been returned to the regulator under regulation 593; or\n(b) the operator has applied for, but has not received, a\nreplacement licence under regulation 594.\n","sortOrder":598},{"sectionNumber":"588","sectionType":"section","heading":"Changes to information","content":"588 Changes to information\n(1) The operator of a licensed major hazard facility must give the\nregulator written notice of any change to any material particular in\nany information given at any time by the operator to the regulator in\nrelation to the licence within 14 days after the operator becomes\naware of the change.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 465\nA change to the quantity of the hazardous chemicals present or likely to be\npresent at the facility.\napplication for grant or renewal of the licence or in any other\n","sortOrder":599},{"sectionNumber":"589","sectionType":"section","heading":"Amendment imposed by regulator","content":"589 Amendment imposed by regulator\n(1) The regulator may, on its own initiative, amend a major hazard\nfacility licence, including by amending the licence to:\n(a) vary or delete a condition of the licence; or\n(b) impose a new condition on the licence.\n(2) If the regulator proposes to amend a licence, the regulator must\ngive the operator a written notice:\nand\namendment.\nproposed amendment – consider that submission; and\n(b) whether or not the operator has made a submission – decide:\nconsideration of any submission made by the operator;\nand\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 466\n(c) within 14 days after making that decision, give the operator\nwritten notice that:\n(i) sets out the amendment if any; and\n(iii) specifies the date (being not less than 28 days after the\noperator is given the notice) on which the amendment, if\nany, takes effect.\nNote for regulation 589\nA decision to amend a licence is a reviewable decision (see regulation 676).\n","sortOrder":600},{"sectionNumber":"590","sectionType":"section","heading":"Amendment on application by operator","content":"590 Amendment on application by operator\n(1) The regulator, on application by the operator of a licensed major\nhazard facility, may amend the major hazard facility licence,\nincluding by amending the licence to vary or delete a condition of\nthe licence.\n(2) If the regulator proposes to refuse to amend the licence, the\nregulator must give the operator a written notice:\n(a) informing the operator of the proposed refusal to amend the\nlicence and the reasons for the proposed refusal; and\nproposed refusal – consider that submission; and\n(b) whether or not the operator has made a submission – decide:\nconsideration of any submission made by the operator;\nand\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 467\n(c) within 14 days after making that decision, give the operator\nwritten notice of the decision in accordance with this\nsubregulation (3)(c) must specify the date (not being less than\n28 days after the operator is given the decision notice) on which the\n(5) If the regulator refuses to make the amendment applied for or\nmakes a different amendment, the notice under subregulation (3)(c)\nmust:\noperator is given the decision notice) on which the\nNote for regulation 590\n","sortOrder":601},{"sectionNumber":"591","sectionType":"section","heading":"Minor corrections to major hazard facility licence","content":"591 Minor corrections to major hazard facility licence\nThe regulator may make minor amendments to a major hazard\nfacility licence, including an amendment:\n(c) that does not impose a significant burden on the operator.\n","sortOrder":602},{"sectionNumber":"592","sectionType":"section","heading":"Regulator to give amended licence document to operator","content":"592 Regulator to give amended licence document to operator\nIf the regulator amends a major hazard facility licence and\nconsiders that the licence document requires amendment, the\nregulator must give the operator an amended licence document\nwithin 14 days after making the decision to amend the licence.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 468\n","sortOrder":603},{"sectionNumber":"593","sectionType":"section","heading":"Operator to return licence","content":"593 Operator to return licence\nIf a major hazard facility licence is amended, the operator of the\nlicensed major hazard facility must return the licence document to\nthe regulator for amendment at the written request of the regulator\nand within the time specified in the request.\nNote for regulation 593\n","sortOrder":604},{"sectionNumber":"594","sectionType":"section","heading":"Replacement licence document","content":"594 Replacement licence document\n(1) The operator of a licensed major hazard facility must notify the\nregulator as soon as practicable if the licence document is lost,\nstolen or destroyed.\n(2) If a licence document for a licensed major hazard facility is lost,\nstolen or destroyed, the operator may apply to the regulator for a\nreplacement document.\nAn operator is required to keep the licence document available for inspection\n(see regulation 587).\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 469\nmust give the operator written notice of this decision, including the\nreasons for the decision, within 14 days after making the decision.\nNote for regulation 594\nA refusal to issue a replacement licence document is a reviewable decision (see\n","sortOrder":605},{"sectionNumber":"595","sectionType":"section","heading":"Regulator may renew licence","content":"595 Regulator may renew licence\nThe regulator may renew a major hazard facility licence on\napplication by the operator.\n","sortOrder":606},{"sectionNumber":"596","sectionType":"section","heading":"Application for renewal","content":"596 Application for renewal\n(1) An application for renewal of a major hazard facility licence must be\n(2) The application must include a copy of the safety case for the major\nhazard facility as revised under regulation 570.\n(4) The application must be made not less than 6 months before the\nlicence to be renewed expires.\n","sortOrder":607},{"sectionNumber":"597","sectionType":"section","heading":"Licence continues in force until application is decided","content":"597 Licence continues in force until application is decided\nIf the operator of a licensed major hazard facility applies under\nregulation 596 for the renewal of a major hazard facility licence, the\nlicence is taken to continue in force from the day it would, apart\nfrom this regulation, have expired until the operator is given notice\nof the decision on the application.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 470\n","sortOrder":608},{"sectionNumber":"598","sectionType":"section","heading":"Provisions relating to renewal of licence","content":"598 Provisions relating to renewal of licence\nFor the purposes of this Division:\n(a) regulation 579 applies as if a reference in that regulation to an\n(b) regulations 580 (except subregulation (6)), 581, 584 and 585\n(c) regulation 583 applies as if a reference in that regulation to a\nNote for regulation 598\n","sortOrder":609},{"sectionNumber":"599","sectionType":"section","heading":"Status of major hazard facility licence during review","content":"599 Status of major hazard facility licence during review\n(1) This regulation applies if the regulator gives the operator written\n(2) If the operator does not apply for an external review, the licence\ncontinues to have effect until the last of the following events:\n(b) the end of the period for applying for an external review.\n(3) If the operator applies for an external review, the licence continues\nto have effect until the earlier of the following events:\n(a) the operator withdraws the application for review;\n(4) The licence continues to have effect under this regulation even if its\n","sortOrder":610},{"sectionNumber":"600","sectionType":"section","heading":"Transfer of major hazard facility licence","content":"600 Transfer of major hazard facility licence\n(1) The regulator, on the application of the operator of a major hazard\nfacility, may transfer a major hazard facility licence to another\nperson who is to become the operator of the major hazard facility, if\nsatisfied that the proposed operator will achieve a standard of\nhealth and safety in the operation of the facility that is at least\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 471\nequivalent to the standard that the current operator has achieved.\n(2) An application must be:\n(a) made in the manner and form required by the regulator; and\n(b) accompanied by the relevant fee.\n(3) The regulator may transfer the licence subject to any conditions that\nthe regulator considers necessary and appropriate to ensure that\nthe new operator will be able to achieve a standard of health and\nsafety in the operation of the facility that is at least equivalent to the\nstandard achieved by the existing operator.\n(4) On the completion of the transfer, the person to whom the licence is\ntransferred becomes the operator of the major hazard facility for the\npurposes of this Chapter.\nNotes for regulation 600\n1 A decision to refuse to transfer a major hazard facility licence is a\nDivision 5 Suspension and cancellation of major hazard\nfacility licence\n601 Cancellation of major hazard facility licence – on operator's\napplication\n(1) The operator of a licensed major hazard facility may apply to the\nregulator to cancel the licence.\n(2) An application must be:\n(a) made in the manner and form required by the regulator; and\n(b) accompanied by the relevant fee.\n(3) The regulator must conduct an inquiry into the inventory and\noperations of the facility before deciding on an application to cancel\na licence.\n(4) The regulator must cancel a major hazard facility licence if:\n(a) the quantity of Schedule 15 chemicals present or likely to be\npresent at the facility does not exceed their threshold quantity;\nand\n(b) it is unlikely that a major incident will occur at the facility.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 472\n(5) If the regulator, under this regulation, cancels the licence of a\nfacility that was determined to be a major hazard facility under\nPart 9.2, the regulator must revoke the determination.\nNotes for regulation 601\n1 A decision to refuse to cancel a licence is a reviewable decision (see\n602 Suspension or cancellation of licence – on regulator's initiative\n(1) The regulator, on its own initiative, may suspend or cancel a major\nhazard facility licence if satisfied about one or more of the following:\n(a) the operator has failed to ensure that the facility is operated\nsafely and competently;\n(b) the operator has failed to ensure compliance with a condition\nof the licence;\n(c) the operator, in the application for the grant or renewal of the\nlicence or on request by the regulator for additional\nbeen given in that application or on that request.\n(2) If the regulator suspends or cancels a major hazard facility licence,\nthe regulator may disqualify the operator from applying for a further\nmajor hazard facility licence.\nNote for regulation 602\nA decision to suspend a licence, to cancel a licence or to disqualify the operator\nfrom applying for a further licence is a reviewable decision (see regulation 676).\n","sortOrder":611},{"sectionNumber":"603","sectionType":"section","heading":"Matters to be taken into account","content":"603 Matters to be taken into account\n(1) In making a decision under regulation 602, the regulator must have\nregard to the following:\n(a) any submissions made by the operator under regulation 604;\n(b) any advice received from a corresponding regulator;\n(c) any advice or recommendations received from any agency of\nthe Crown with responsibility in relation to national security.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 473\n(2) For the purposes of regulation 602(1)(a) and (b), if the operator is\nan individual, the regulator must have regard to all relevant matters,\ncorresponding WHS law, of which the operator has been\n(b) any enforceable undertaking the operator has entered into\noperator under the Act or these Regulations or under a\n(ii) any condition imposed on the licence, if granted, and the\nreason the condition was imposed; and\nincluding any disqualification from applying for a major\nhazard facility licence;\n(d) the operator's record in relation to any matters arising under\nlaw.\n(3) For the purposes of regulation 602(1)(a) and (b), if the operator is a\nbody corporate, the regulator must have regard to all relevant\nmatters, including the matters referred to in subregulation (2), in\nrelation to:\n","sortOrder":612},{"sectionNumber":"604","sectionType":"section","heading":"Notice to and submissions by operator","content":"604 Notice to and submissions by operator\nBefore suspending or cancelling a major hazard licence, the\nregulator must give the operator a written notice of the proposed\nsuspension or cancellation and any proposed disqualification:\nmake a submission in relation to the proposed suspension or\ncancellation and any proposed disqualification.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 474\n","sortOrder":613},{"sectionNumber":"605","sectionType":"section","heading":"Notice of decision","content":"605 Notice of decision\n(1) The regulator must give the operator of a major hazard facility\nwritten notice of a decision under regulation 602 to suspend or\ncancel the major hazard facility licence within 14 days after making\nthe decision.\n(iii) whether or not the operator is required to take any action\n(iv) whether or not the operator is disqualified from applying\nfor a further major hazard facility licence during the\n(iii) whether or not the operator is disqualified from applying\nfor a further major hazard facility licence; and\n(d) if the operator is disqualified from applying for a further major\nhazard facility licence, state:\n(iii) whether or not the operator is required to take any action\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 475\n","sortOrder":614},{"sectionNumber":"606","sectionType":"section","heading":"Immediate suspension","content":"606 Immediate suspension\n(1) The regulator may suspend a major hazard facility licence on a\nground referred to in regulation 602 without giving notice under\nregulation 604 if satisfied that:\n(a) a person may be exposed to an imminent serious risk to his or\nher health or safety if the work carried out under the major\nhazard facility licence were not suspended; or\n(b) a corresponding regulator has suspended a major hazard\nfacility licence held by the operator under this regulation as\n(a) the regulator must give the operator of the major hazard\nfacility written notice of the suspension and the reasons for the\n(a) give notice under regulation 604 within 14 days after giving the\n(b) make its decision under regulation 602.\nremains suspended until the decision is made under regulation 602.\n","sortOrder":615},{"sectionNumber":"607","sectionType":"section","heading":"Operator to return licence document","content":"607 Operator to return licence document\nAn operator, on receiving a notice under regulation 605, must return\nthe licence document to the regulator in accordance with the notice.\nNote for regulation 607\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 476\n","sortOrder":616},{"sectionNumber":"608","sectionType":"section","heading":"Regulator to return licence document after suspension","content":"608 Regulator to return licence document after suspension\nThe regulator must return the licence document to the operator\nwithin 14 days after the suspension ends.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 477\n","sortOrder":617},{"sectionNumber":"609","sectionType":"section","heading":"Definitions","content":"609 Definitions\ncurrent risk management plan, for a mine site, means the last risk\nmanagement plan for the mine site given to the regulator under\nregulation 612 or 615(2).\nmine operator, see regulation 610.\nmine site means:\n(a) in relation to mining activity for which a mining authorisation is\nrequired – the area of land to which the mining authorisation\nrelates; or\n(b) in relation to any other mining activity – the area of land on\nwhich the mining activity is carried on.\nmine site hazard, for a mine site, means a hazard relating to\nmining activity or a related activity carried on at the mine site that\ncould give rise to risks to health and safety.\nmining activity means exploration for, or mining of, minerals (as\ndefined in section 13A of the Environment Protection Act 2019).\nmining authorisation means one of the following:\n(a) a mineral title, as defined in section 11(1) of the Mineral Titles\nAct 2010;\n(b) a non-compliant existing interest, as defined in section 204(1)\nof the Mineral Titles Act 2010;\n(c) a Part III authority, as defined in section 5(1) of the Atomic\nEnergy Act 1953 (Cth).\nrelated activity means any of the following:\n(a) processing of minerals, tailings, spoil heaps or waste dumps\nmined or created during the carrying on of mining activity;\n(b) decommissioning or rehabilitation of land, plant or a structure\nused in carrying on mining activity or an activity mentioned in\nparagraph (a);\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 478\n(c) an activity incidental or related to mining activity or an activity\nmentioned in paragraph (a) or (b);\n(d) the care and maintenance of land, plant and structures used in\ncarrying on mining activity or an activity mentioned in\nparagraph (a), (b) or (c) during a suspension of that activity.\nExamples for definition related activity, paragraph (c)\n1 Removal, handling, transport or storage of minerals or other material.\n2 Construction, operation, maintenance or removal of plant or a structure.\n610 Meaning of mine operator\n(1) The mine operator for a mine site is:\n(a) the person (the entitlement holder) conducting the business\nor undertaking who:\n(i) if a mining authorisation is required for the mining activity\ncarried on at the mine site – holds the mining\nauthorisation; or\n(ii) otherwise – has a right or entitlement to carry on mining\nactivity at the mine site; or\n(b) the person conducting the business or undertaking who:\n(i) has management and control of mining activity at the\nmine site; and\n(ii) is appointed in writing by the entitlement holder to be the\nmine operator for the mine site.\n(2) An appointment for subregulation (1)(b)(ii) is of no effect unless:\n(a) the appointee consents in writing to the appointment; and\n(b) copies of the appointment and consent have been given to the\n(3) The appointment ceases to have effect if written notice is given to\nthe regulator:\n(a) by the entitlement holder that the appointment has been\nterminated; or\n(b) by the appointee that it has withdrawn its consent.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 479\n","sortOrder":618},{"sectionNumber":"Part 10","sectionType":"part","heading":"2 Mine operator's duty of care","content":"Part 10.2 Mine operator's duty of care\n","sortOrder":619},{"sectionNumber":"611","sectionType":"section","heading":"Mine operator's duty of care","content":"611 Mine operator's duty of care\nThe mine operator for a mine site must manage risks to the health\nand safety of a worker at the mine site associated with mining\nactivity or a related activity carried on at the mine site.\nNote for regulation 611\n","sortOrder":620},{"sectionNumber":"612","sectionType":"section","heading":"Requirement for risk management plan","content":"612 Requirement for risk management plan\nThe mine operator for a mine site must not permit mining activity or\na related activity to be carried on at the mine site unless the mine\noperator has given to the regulator a risk management plan for the\nmine site that has been certified in accordance with regulation 614.\nNote for regulation 612\n","sortOrder":621},{"sectionNumber":"613","sectionType":"section","heading":"Content of risk management plan","content":"613 Content of risk management plan\nThe risk management plan for a mine site must set out the\n(a) the mine site hazards identified by the mine operator under\nregulation 34, including high consequence, low probability\nevents;\n(b) the risks to health and safety at the mine site that could arise\nfrom those mine site hazards, including for each risk:\n(i) the nature of the risk; and\n(ii) the likelihood of the risk arising; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 480\n(iii) the likely seriousness of the consequences if it does\narise;\n(c) the control measures to be implemented by the mine operator\nunder regulations 35 and 36, including:\n(i) what the measures are; and\n(ii) how they will be implemented; and\n(iii) how their effectiveness will be monitored and reviewed;\n(d) a fitness to work program for the mine site setting out how the\nmine operator will manage risks to health and safety at the\nmine site that could arise from fatigue or the consumption of\nalcohol or drugs;\n(e) a health monitoring program as mentioned in regulation 616;\n(f) the emergency plan prepared by the mine operator for the\nmine site under regulation 43;\n(g) the training to be provided to a worker at the mine site who\nmay be exposed to a mine site hazard;\n(h) the records particular to the risk management plan that must\nbe kept;\n(i) the management structure of the mine operator, including:\n(i) the positions in the structure; and\n(ii) the areas of responsibility and accountability of each\nposition;\n(j) the name and qualifications of the person who prepared the\nrisk management plan.\nNote for regulation 613\nA risk management plan for a mine site relates only to work health and safety\nmatters. Management of risk relating to other matters, such as environmental\nrisks, is regulated under other legislation.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 481\n","sortOrder":622},{"sectionNumber":"614","sectionType":"section","heading":"Certification of risk management plan","content":"614 Certification of risk management plan\n(1) A person must not certify a risk management plan for a mine site for\nregulation 612 or 615(2) unless the person is a competent person\nand is satisfied that:\n(a) the mine operator has discharged its duty under regulation 34\nto identify mine site hazards, including high consequence, low\nprobability events; and\n(b) the mine operator has identified the risks to health and safety\nat the mine site that could arise from those mine site hazards;\nand\n(c) the mine site hazards and risks have been specified in\naccordance with regulation 613(a) and (b); and\n(d) the specified control measures (including the fitness to work\nprogram), and specified method of monitoring and reviewing\ntheir effectiveness, are suitable and adequate to discharge the\nmine operator's duty under regulations 35 and 36; and\n(e) the specified health monitoring program complies with\nregulation 616; and\n(f) the specified training is suitable and adequate to discharge the\nmine operator's duties under regulation 39 to provide training\nto a worker who may be exposed to mine site hazards; and\n(g) the specified records are suitable and adequate for the risk\nmanagement plan; and\n(h) the management structure of the mine operator is correctly\nspecified in accordance with regulation 613(i).\nspecified means set out in the risk management plan.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 482\n","sortOrder":623},{"sectionNumber":"615","sectionType":"section","heading":"Review of risk management plan","content":"615 Review of risk management plan\n(1) The mine operator for a mine site must review and as necessary\nrevise the current risk management plan for the mine site if either of\nthe following occurs:\n(a) a new risk to health and safety at the mine site is identified;\n(b) there is a change in the mine operator's control measures for\nmanaging risks to health and safety at the mine site.\n(2) If the risk management plan is revised, the mine operator must give\nto the regulator as soon as practicable after the requirement to\nrevise the plan arose a copy of the revised plan certified in\naccordance with regulation 614.\n","sortOrder":624},{"sectionNumber":"616","sectionType":"section","heading":"Health monitoring program","content":"616 Health monitoring program\n(1) For regulation 613(e), a health monitoring program is a program\nsetting out the health monitoring to be provided to a worker at the\nmine site:\n(a) who carries out work as part of mining activity or a related\nactivity carried on at the mine site; and\n(b) whose normal work exposes the worker to a mine site hazard.\n(2) The health monitoring program must require the following health\nmonitoring to be provided to a worker:\n(a) the worker's demographic, medical and occupational history;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 483\n(b) physical examination;\n(c) audiometric testing (as defined in regulation 58(3));\n(d) any other monitoring that forms part of the control measures to\nbe implemented by the mine operator under regulations 35\nand 36.\n(3) The health monitoring program must require the health monitoring\nto be provided:\n(a) for a worker:\n(i) within 90 days after he or she becomes a worker at the\nmine site for whom monitoring is required to be provided;\nand\n(ii) at least once every 2 years while the requirement for\nmonitoring continues; and\n(b) for a former worker who accepts an offer under\nregulation 618 – within 30 days after he or she ceases to be a\nworker at the mine site.\n(4) However, a health monitoring program need not require the\nprovision of health monitoring in relation to a mine site hazard if\nhealth monitoring is required to be provided in relation to that\nhazard under Chapter 7 or 8.\nChapters 7 and 8 require health monitoring to be provided in relation to exposure\nto hazardous chemicals or asbestos in certain circumstances.\nNote for Division 2\nDuties requiring the mine operator to identify hazards, manage risks and\nimplement control measures are imposed by the Act and Part 3.1 of these\nRegulations. This Division imposes some additional duties.\n","sortOrder":625},{"sectionNumber":"617","sectionType":"section","heading":"Duty to provide health monitoring for workers and former","content":"617 Duty to provide health monitoring for workers and former\nworkers\nA mine operator must ensure that health monitoring is provided to a\nworker or former worker in accordance with the health monitoring\nprogram in the current risk management plan for the mine site.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 484\nNote for regulation 617\n","sortOrder":626},{"sectionNumber":"618","sectionType":"section","heading":"Duty to offer health monitoring to former worker","content":"618 Duty to offer health monitoring to former worker\n(a) a person is a worker for whom the mine operator is required to\nprovide health monitoring; and\n(b) the person ceases to be a worker at the mine site; and\n(c) more than 12 months has elapsed since the person was last\nprovided with that health monitoring.\n(2) The mine operator must offer to provide health monitoring to the\n(3) The offer by the mine operator must be made before or when the\nperson ceases to be a worker at the mine site.\n(4) The offer may be accepted by the former worker no later than\n7 days after he or she ceases to be a worker at the mine site.\n","sortOrder":627},{"sectionNumber":"619","sectionType":"section","heading":"How health monitoring to be provided","content":"619 How health monitoring to be provided\n(1) A mine operator must pay all expenses relating to the provision of\nhealth monitoring required by the health monitoring program.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 485\n(2) A mine operator must ensure that health monitoring required by the\nhealth monitoring program is provided by a competent person.\n(3) The person who provides the health monitoring must, as soon as\npracticable after the monitoring is carried out:\n(a) give the results of the monitoring and an explanation of those\nresults to the worker or former worker and the mine operator;\nand\n(b) advise the mine operator of any remedial action the person\nconsiders ought to be taken.\n(4) A mine operator must keep a health monitoring report for a worker\nuntil the worker ceases to be a worker at the mine site.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 486\n(5) The mine operator must ensure that information contained in a\nhealth monitoring report for a worker or former worker is not\ndisclosed to another person without the written consent of the\nworker or former worker.\n","sortOrder":628},{"sectionNumber":"620","sectionType":"section","heading":"Duty to provide training","content":"620 Duty to provide training\nWithout limiting regulation 39, training required by the current risk\nmanagement plan for a mine site to be provided to a worker at the\nmine site, as mentioned in regulation 613(g), is training that must\nbe provided by the mine operator under regulation 39.\n","sortOrder":629},{"sectionNumber":"621","sectionType":"section","heading":"Duty to keep records","content":"621 Duty to keep records\nA mine operator must keep the records required by the current risk\nmanagement plan for the mine site, as mentioned in\nregulation 613(h).\nNote for regulation 621\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 487\n","sortOrder":630},{"sectionNumber":"676","sectionType":"section","heading":"Which decisions under these Regulations are reviewable","content":"676 Which decisions under these Regulations are reviewable\n(1) The following table sets out:\n(a) decisions made under these Regulations that are reviewable\nunder this Part (reviewable decisions); and\n(b) who is eligible to apply for review of a reviewable decision (the\neligible person).\nHigh risk work licences\n1 regulation 89\n2 regulation 91\n2A regulation 91A\n2B regulation 91A\n3 regulation 98\n4 regulation 104\n5 regulation 106\n6 regulation 106\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 488\n7 regulation 106\n7A regulation 106\n(Variation of licence conditions)\nAccreditation of assessors\n8 regulation 118\n(Refusal to grant accreditation)\n9 regulation 120\n(Refusal to grant accreditation)\n10 regulation 121\naccreditation)\n11 regulation 121\naccreditation)\n12 regulation 127\n(Refusal to issue replacement\naccreditation document)\n13 regulation 132\n(Refusal to renew accreditation)\n14 regulation 133\n(Suspension of accreditation)\n15 regulation 133\n(Cancellation of accreditation)\n16 regulation 133\n(Disqualification of assessor from applying\nfor a further accreditation)\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 489\nRegistration of Plant Designs\n17 regulation 256\n(Refusal to register plant design)\n18 regulation 257\n(refusal to register plant design\n19 regulation 258\nregistration of plant design)\nRegistration of Plant\n20 regulation 269\n(Refusal to register item of plant)\n21 regulation 270\n(Refusal to register item of plant)\n22 regulation 271\nregistration of item of plant)\n23 regulation 271\nregistration of item of plant)\n24 regulation 279\n(Refusal to renew registration of item of\nplant)\n25 regulation 283\n(Amendment of registration, on regulator's\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 490\n26 regulation 284\n(Refusal to amend registration on\napplication (or a decision to make a\ndifferent amendment))\n27 regulation 288\n(Refusal to issue replacement registration\n27A regulation 288B\n(Decision to cancel registration)\nGeneral Construction Induction Training\n28 regulation 322\n(Refusal to issue general construction\ninduction training card)\n29 regulation 322\n(Refusal to issue replacement general\nconstruction induction training card)\nCard holder\n30 regulation 323\n(Cancellation of general construction\ninduction training card)\nCard holder\nHazardous chemicals and lead\n31 regulation 384\n(Refusal to grant authorisation to use,\nhandle or store a prohibited or restricted\ncarcinogen)\n32 regulation 386\n(Cancellation of authorisation to use,\nhandle or store a prohibited or restricted\ncarcinogen)\nAuthorisation holder\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 491\n33 regulation 393\n(Deciding a process to be a lead process)\nA person conducting a\nthat carries out the lead\nprocess\nA worker whose interests\nare affected by the\n34 regulation 407\n(Determining a different frequency for\nbiological monitoring of workers at a\nworkplace, or a class of workers, carrying\nout lead risk work)\nA person conducting a\nthat carries out lead risk\nwork\nA worker whose interests\nare affected by the\nAsbestos removal licences and asbestos assessor licences\n35 regulation 497\n36 regulation 501\n37 regulation 502\n38 regulation 502\n39 regulation 508\n(Amendment of licence, on regulator's\n40 regulation 509\n(Refusal to amend licence on application\n(or a decision to make a different\namendment))\n41 regulation 513\n42 regulation 517\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 492\n43 regulation 520\n44 regulation 520\n45 regulation 520\nMajor hazard facilities\nDetermination of facility to be major hazard facility\n46 regulation 541\n(Determination of facility to be a major\nhazard facility, on making inquiry)\n47 regulation 541\n(Decision not to determine proposed\nfacility to be a major hazard facility)\n48 regulation 542\n(Determination of major hazard facility)\n49 regulation 543\n(Determination of suitability of operator)\n50 regulation 544\n(Imposition of a condition on a\ndetermination of a major hazard facility)\nLicensing of major hazard facility\n51 regulation 580\n52 regulation 584\n53 regulation 584\n54 regulation 589\n(Amendment of licence, on regulator's\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 493\n55 regulation 590\n(Refusal to amend licence, on application\n(or a decision to make a different\namendment))\n56 regulation 594\n57 regulation 598\n58 regulation 600\n(Refusal to transfer licence, on\napplication)\nProposed operator of\nfacility\n59 regulation 601\n(Refusal to cancel licence, on application)\n60 regulation 602\n61 regulation 602\n62 regulation 602\nExemptions\n63 regulation 684\n(Refusal to exempt person (or a class of\npersons) from compliance with any of\nthese Regulations)\n64 regulation 686\n(Refusal to exempt person from\nrequirement to hold a high risk work\n65 regulation 688\n(Refusal to exempt operator of MHF from\ncompliance with any of these Regulations,\non application)\n65A regulation 689A(1)\n(Refusal to exempt a particular type of\nengineered stone from regulation 529D)\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 494\n66 regulation 691\n(Imposing condition on an exemption\ngranted on application under Part 11.2)\n67 regulation 696\n(Refusal to grant exemption)\n68 regulation 697\n(Amendment of an exemption granted on\napplication under Part 11.2)\n69 regulation 697\n(Cancellation of an exemption granted on\napplication under Part 11.2)\n(2) Unless the contrary intention appears, a reference in this Part to a\ndecision includes a reference to:\n(a) making, suspending, revoking or refusing to make an order,\ndetermination or decision; or\n(b) giving, suspending, revoking or refusing to give a direction,\napproval, consent or permission; or\n(c) granting, issuing, amending, renewing, suspending,\ncancelling, revoking or refusing to grant, issue, amend or\nrenew an authorisation; or\n(d) imposing or varying a condition; or\n(e) making a declaration, demand or requirement; or\n(f) retaining, or refusing to deliver up, a thing; or\n(g) doing or refusing to do any other act or thing; or\n(h) being taken to refuse or do any act or thing.\n","sortOrder":631},{"sectionNumber":"677","sectionType":"section","heading":"Application","content":"677 Application\nThis Division does not apply to a reviewable decision made under:\n(a) Chapter 9; or\n(b) Part 11.2.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 495\n","sortOrder":632},{"sectionNumber":"678","sectionType":"section","heading":"Application for internal review","content":"678 Application for internal review\n(1) Subject to subregulation (2), an eligible person in relation to a\nreviewable decision may apply to the regulator for review (an\ninternal review) of the decision within:\n(a) 28 days after the day on which the decision first came to the\neligible person's notice; or\n(b) any longer time the regulator allows.\n(2) An eligible person in relation to a reviewable decision under\nregulation 89(5), 118(5), 256(5), 269(5) or 497(5) may apply to the\nregulator for review (an internal review) of the decision within:\n(a) 28 days after the day on which the 120 day period referred to\nin that provision; or\n(b) any longer time the regulator allows.\n(3) The application must be made in the manner and form required by\n","sortOrder":633},{"sectionNumber":"679","sectionType":"section","heading":"Internal reviewer","content":"679 Internal reviewer\n(1) The regulator may appoint a person or body to review decisions on\napplications under this Division.\n(2) The person who made the reviewable decision cannot be an\ninternal reviewer in relation to that decision.\n","sortOrder":634},{"sectionNumber":"680","sectionType":"section","heading":"Decision of internal reviewer","content":"680 Decision of internal reviewer\n(1) The internal reviewer must review the reviewable decision and\nmake a decision as soon as practicable and within 14 days after the\napplication for internal review, or the additional information\nrequested under subregulation (3), is received.\n(2) The decision may be:\n(a) to confirm or vary the reviewable decision; or\n(b) to set aside the reviewable decision and substitute another\ndecision that the internal reviewer considers appropriate.\n(3) The internal reviewer may ask the applicant to provide additional\ninformation in support of the application for review.\n(4) The applicant must provide the additional information within the\ntime (being not less than 7 days) specified by the internal reviewer\nin the request for information.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 496\n(5) If the applicant does not provide the additional information within\nthe required time, the reviewable decision is taken to have been\nconfirmed by the internal reviewer at the end of that time.\n(6) If the reviewable decision is not varied or set aside within the\n14 day period referred to in subregulation (1), the reviewable\ndecision is taken to have been confirmed by the internal reviewer.\n","sortOrder":635},{"sectionNumber":"681","sectionType":"section","heading":"Decision on internal review","content":"681 Decision on internal review\nWithin 14 days of making the decision on the internal review, the\ninternal reviewer must give the applicant written notice of:\n(a) the decision on the internal review; and\n(b) the reasons for the decision.\n","sortOrder":636},{"sectionNumber":"682","sectionType":"section","heading":"Internal review – reviewable decision continues","content":"682 Internal review – reviewable decision continues\nSubject to any provision to the contrary in relation to a particular\ndecision, an application for an internal review does not affect the\noperation of the reviewable decision or prevent the taking of any\nlawful action to implement or enforce the decision.\n","sortOrder":637},{"sectionNumber":"683","sectionType":"section","heading":"Application for external review","content":"683 Application for external review\n(1) An eligible person may apply to the Work Health Court for review\n(an external review) of:\n(a) a reviewable decision made by the regulator under:\n(i) Chapter 9; or\n(ii) Part 11.2; or\n(b) a decision made, or taken to have been made, on an internal\nreview.\n(2) The application must be made within:\n(a) 28 days after the day on which the decision first came to the\neligible person's notice; or\n(b) any longer time the Work Health Court allows.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 497\n","sortOrder":638},{"sectionNumber":"684","sectionType":"section","heading":"General power to grant exemptions","content":"684 General power to grant exemptions\n(1) The regulator may exempt a person or class of persons from\ncompliance with any of these Regulations.\n(2) The exemption may be granted on the regulator's own initiative or\non the written application of one or more persons.\n(3) This regulation is subject to the limitations set out in this Part.\n(4) This regulation does not apply to an exemption from:\n(a) a provision requiring a person to hold a high risk work licence;\nor\n(b) a provision of Chapter 9 relating to a major hazard facility or\nproposed major hazard ffacility; or\n(c) regulation 529D in relation to exempting a type of engineered\nstone from that regulation.\nNote for regulation 684\n","sortOrder":639},{"sectionNumber":"685","sectionType":"section","heading":"Matters to be considered in granting exemptions","content":"685 Matters to be considered in granting exemptions\nIn deciding whether or not to grant an exemption under\nregulation 684 the regulator must have regard to all relevant\nmatters, including the following:\n(a) whether the granting of the exemption will result in a standard\nof health and safety at the relevant workplace, or in relation to\nthe relevant undertaking, that is at least equivalent to the\nstandard that would be achieved by compliance with the\nrelevant provision or provisions;\n(b) whether the requirements of paragraph (a) will be met if the\nregulator imposes certain conditions in granting the exemption\nand those conditions are complied with;\n(c) whether exceptional circumstances justify the grant of the\nexemption;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 498\n(d) if the proposed exemption relates to a particular thing –\nwhether the regulator is satisfied that the risk associated with\nthe thing is not significant if the exemption is granted;\n(e) whether the applicant has carried out consultation in relation\nto the proposed exemption in accordance with Part 5,\nDivisions 1 and 2 of the Act.\nDivision 2 High risk work licences\n","sortOrder":640},{"sectionNumber":"686","sectionType":"section","heading":"High risk work licence – exemption","content":"686 High risk work licence – exemption\n(1) The regulator may exempt a person or class of persons from\ncompliance with a provision of these Regulations requiring the\nperson or class of persons to hold a high risk work licence.\n(2) The exemption may be granted on the written application of any\nperson concerned.\nNote for regulation 686\n","sortOrder":641},{"sectionNumber":"687","sectionType":"section","heading":"High risk work licence – regulator to be satisfied about certain","content":"687 High risk work licence – regulator to be satisfied about certain\n(1) The regulator must not grant an exemption under regulation 686\nunless satisfied that granting the exemption will result in a standard\nof health and safety that is at least equivalent to the standard that\nwould have been achieved without that exemption.\n(2) For the purposes of subregulation (1), the regulator must have\nregard to all relevant matters, including whether or not:\n(a) the obtaining of the high risk work licence would be\nimpractical; and\n(b) the competencies of the person to be exempted exceed those\nrequired for a high risk work licence; and\n(c) any plant used by the person can be modified in a way that\nreduces the risk associated with using that plant.\n","sortOrder":642},{"sectionNumber":"688","sectionType":"section","heading":"Major hazard facility – exemption","content":"688 Major hazard facility – exemption\n(1) The regulator may exempt the operator of a major hazard facility or\nproposed major hazard facility from compliance with any provision\nof these Regulations relating to that facility.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 499\n(2) The exemption may be granted on the written application of the\noperator of the major hazard facility or proposed major hazard\nNote for regulation 688\n","sortOrder":643},{"sectionNumber":"689","sectionType":"section","heading":"Major hazard facility – regulator to be satisfied about certain","content":"689 Major hazard facility – regulator to be satisfied about certain\n(1) The regulator must not grant an exemption under regulation 688\nunless satisfied that:\n(a) one or more Schedule 15 chemicals are present or likely to be\npresent at the facility; and\n(b) the quantity of the Schedule 15 chemicals exceeds the\nthreshold quantity of the Schedule 15 chemicals periodically\nbecause they are solely the subject of intermediate temporary\nstorage; and\n(c) the Schedule 15 chemicals are in one or more containers with\nthe capacity of each container being not more than a total of\n500 kg; and\n(d) granting the exemption will result in a standard of health and\nsafety in relation to the operation of the facility that is at least\nequivalent to the standard that would be achieved by\ncompliance with the relevant provision or provisions.\n(2) For the purposes of subregulation (1)(d) the regulator must have\nregard to all relevant matters, including whether or not:\n(a) the applicant is complying with the Act and these Regulations;\nand\n(b) the applicant has processes and procedures in place which\nwill keep the quantity of the Schedule 15 chemical or\nchemicals present or likely to be present at or below the\nthreshold quantity for the Schedule 15 chemical or chemicals\nas often as practicable; and\n(c) the applicant has implemented adequate control measures to\nminimise the risk of a major incident occurring.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 500\n","sortOrder":644},{"sectionNumber":"689A","sectionType":"section","heading":"Engineered stone – exemption","content":"689A Engineered stone – exemption\n(1) The regulator may exempt a type of engineered stone from\nregulation 529D.\n(2) A person conducting a business or undertaking is exempt from\ncompliance with regulation 529D if the work involves a type of\nengineered stone that is the subject of an exemption granted under\nsubregulation (1) or a corresponding WHS law that is equivalent to\nNote for regulation 689A\n","sortOrder":645},{"sectionNumber":"689B","sectionType":"section","heading":"Engineered stone – application for exemption","content":"689B Engineered stone – application for exemption\n(1) A person with an interest in having an exemption granted under\nregulation 689A(1) may apply to the regulator for an exemption.\n(2) However, before the person can apply under subregulation (1), the\nperson must give each social partner SWA member:\n(a) a written notice stating:\n(i) the person intends to make the application; and\n(ii) the social partner SWA member may give the person\nsubmissions for the regulator about the application within\nthe reasonable period stated in the notice; and\n(iii) the person must provide the social partner SWA\nmember's submission to the regulator as part of the\nperson's application; and\n(b) a copy of the proposed application for the exemption.\n(3) The person's application must be:\n(a) in writing; and\n(b) accompanied by the written notice the person gives each\nsocial partner SWA member under subregulation (2); and\n(c) accompanied by any submissions received by the person from\nsocial partner SWA members under subregulation (2).\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 501\nsocial partner SWA member means:\n(a) each of the 2 members of Safe Work Australia who represent\nthe interests of workers in Australia; and\n(b) each of the 2 members of Safe Work Australia who represent\nthe interests of employers in Australia.\n","sortOrder":646},{"sectionNumber":"689C","sectionType":"section","heading":"Engineered stone – notifying persons of application for","content":"689C Engineered stone – notifying persons of application for\nexemption\n(1) The regulator must give the application documents in relation to an\napplication for an exemption under regulation 689A(1) to each\ncorresponding regulator.\n(2) The regulator may also give the application documents for an\napplication for an exemption under regulation 689A(1) to the\n(a) an employer organisation that includes employers who\nengage in work involving engineered stone;\n(b) a union representing employees whose work includes work\ninvolving engineered stone;\n(c) a person who has the qualifications, knowledge, skills and\nexperience relating to engineered stone.\napplication documents, in relation to an application for an\nexemption under regulation 689A(1), means:\n(a) a written notice stating:\n(i) the regulator has received the application; and\n(ii) the person receiving the notice may make submissions\nto the regulator about the application within the\nreasonable period set out in the notice; and\n(b) a copy of:\n(i) the application; and\n(ii) any submissions that the regulator receives in relation to\nthe application under regulation 689B(3)(c).\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 502\n","sortOrder":647},{"sectionNumber":"689D","sectionType":"section","heading":"Engineered stone – regulator to be satisfied about certain","content":"689D Engineered stone – regulator to be satisfied about certain\n(1) The regulator must not grant an exemption under\nregulation 689A(1) unless satisfied that granting the exemption will\nresult in a standard of health and safety that is at least equivalent to\nthe standard that would have been achieved without that\nexemption.\n(2) For the purposes of subregulation (1), the regulator must have\nregard to all relevant matters, including:\n(a) any submissions received under regulation 689B(3)(c) or\n689C; and\n(b) whether the regulator is satisfied that, if the exemption were\ngranted, the risk associated with the type of engineered stone\nthat is the subject of the application would not be significant;\nand\n(c) if Safe Work Australia publishes a document under\nregulation 689E – the relevant matters contained in the\n","sortOrder":648},{"sectionNumber":"689E","sectionType":"section","heading":"Safe Work Australia may issue and publish document in","content":"689E Safe Work Australia may issue and publish document in\nrelation to exemptions\n(1) Safe Work Australia may issue a document setting out the matters\nto be considered when granting an exemption under this Division.\n(2) Safe Work Australia must publish the document on the Safe Work\nAustralia website.\n","sortOrder":649},{"sectionNumber":"690","sectionType":"section","heading":"Application for exemption","content":"690 Application for exemption\nAn application for an exemption must be made in the manner and\nform required by the regulator.\nNotes for regulation 690\n1 The application must be in writing (see regulation 684(2)).\n2 The regulator may grant an exemption on its own initiative (see\nregulation 684(2)).\n3 See section 268 of the Act for offences relating to the giving of false or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 503\n","sortOrder":650},{"sectionNumber":"691","sectionType":"section","heading":"Conditions of exemption","content":"691 Conditions of exemption\non an exemption granted under this Part.\n(2) Without limiting subregulation (1), conditions may require the\napplicant to do one or more of the following:\n(a) monitor risks;\n(b) monitor the health of persons at the workplace who may be\naffected by the exemption;\n(c) keep certain records;\n(d) use a stated system of work;\n(e) report certain matters to the regulator;\n(f) give notice of the exemption to persons who may be affected\nby the exemption.\nNote for regulation 691\nA decision to impose a condition is a reviewable decision (see regulation 676).\n","sortOrder":651},{"sectionNumber":"692","sectionType":"section","heading":"Form of exemption document","content":"692 Form of exemption document\nThe regulator must prepare an exemption document that states the\n(a) the name of the applicant for the exemption (if any);\n(b) the person or class of persons to whom the exemption will\napply, if applicable;\n(c) the work or thing to which the exemption relates, if applicable;\n(d) the circumstances in which the exemption will apply;\n(e) the provisions of these Regulations to which the exemption\napplies;\n(f) any conditions on the exemption;\n(g) the date on which the exemption takes effect;\n(h) the duration of the exemption.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 504\n","sortOrder":652},{"sectionNumber":"693","sectionType":"section","heading":"Compliance with conditions of exemption","content":"693 Compliance with conditions of exemption\nA person to whom the exemption is granted must:\n(a) comply with the conditions of the exemption; and\n(b) ensure that any person under the management or control of\nthat person complies with the conditions of the exemption.\n","sortOrder":653},{"sectionNumber":"694","sectionType":"section","heading":"Notice of decision in relation to exemption","content":"694 Notice of decision in relation to exemption\n(1) The regulator must give a copy of the exemption document referred\nto in regulation 692, within 14 days after making the decision to\ngrant the exemption, to:\n(a) if a person applied for the exemption – the applicant; or\n(b) if the regulator granted the exemption on its own initiative –\neach person (other than persons to whom regulation 695\napplies) to whom the exemption will apply.\n(2) If the regulator grants an exemption under regulation 689A(1), the\nregulator must notify each corresponding regulator that the\nexemption is granted.\n","sortOrder":654},{"sectionNumber":"695","sectionType":"section","heading":"Publication of exemption","content":"695 Publication of exemption\n(1) This regulation applies in relation to an exemption that:\n(a) relates to a class of persons; or\n(b) is granted under regulation 689A(1).\n(2) The regulator must publish a copy of the exemption:\n(a) on the regulator's website; and\n(b) in the Gazette.\n(3) If the regulator grants an exemption under regulation 689A(1), the\nregulator must publish on the regulator's website the reasons for\nthe decision within 14 days after the day the exemption is granted.\n","sortOrder":655},{"sectionNumber":"696","sectionType":"section","heading":"Notice of refusal of exemption","content":"696 Notice of refusal of exemption\n(1) If the regulator refuses to grant an exemption, the regulator must\ngive the applicant for the exemption written notice of the refusal\nwithin 14 days after making that decision.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 505\n(2) The notice must state the regulator's reasons for the refusal.\nNote for regulation 696\nA refusal to grant an exemption is a reviewable decision (see regulation 676).\n","sortOrder":656},{"sectionNumber":"697","sectionType":"section","heading":"Amendment or cancellation of exemption","content":"697 Amendment or cancellation of exemption\nThe regulator may at any time amend or cancel an exemption.\nNote for regulation 697\nA decision to amend or cancel an exemption is a reviewable decision (see\n","sortOrder":657},{"sectionNumber":"698","sectionType":"section","heading":"Notice of amendment or cancellation","content":"698 Notice of amendment or cancellation\n(1) The regulator must give written notice of the amendment or\ncancellation of an exemption, within 14 days after making the\ndecision to amend or cancel the exemption, to:\n(a) if a person applied for the exemption – the applicant; or\n(b) if the regulator granted the exemption on its own initiative –\neach person (other than persons to whom subregulation (2)\napplies) to whom the exemption applies.\n(2) If the exemption affects a class of persons or is granted under\nregulation 689A(1), the regulator must publish notice of the\namendment or cancellation of the exemption in the Gazette.\n(3) The notice must state the regulator's reasons for the amendment or\ncancellation.\n(4) The amendment or cancellation takes effect:\n(a) on the publication of the notice in the Gazette, or on a later\ndate specified in the notice; or\n(b) if the notice is not required to be published in the Gazette, on\nthe giving of the notice to the applicant under subregulation (1)\nor on a later date specified in the notice.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 506\n","sortOrder":658},{"sectionNumber":"699","sectionType":"section","heading":"Incident notification – prescribed serious illnesses","content":"699 Incident notification – prescribed serious illnesses\nFor the purposes of section 36 of the Act, each of the following\nconditions is a serious illness:\n(a) any infection to which the carrying out of work is a significant\ncontributing factor, including any infection that is reliably\nattributable to carrying out work:\n(i) with micro-organisms; or\n(ii) that involves providing treatment or care to a person; or\n(iii) that involves contact with human blood or body\nsubstances; or\n(iv) that involves handling or contact with animals, animal\nhides, skins, wool or hair, animal carcasses or animal\nwaste products;\n(b) the following occupational zoonoses contracted in the course\nof work involving handling or contact with animals, animal\nhides, skins, wool or hair, animal carcasses or animal waste\nproducts:\n(i) Q fever;\n(ii) Anthrax;\n(iii) Leptospirosis;\n(iv) Brucellosis;\n(v) Hendra Virus;\n(vi) Avian Influenza;\n(vii) Psittacosis.\nNote for section 699\nOther legislation may also require notification of conditions mentioned in this\nregulation. See, for example, the Notifiable Diseases Act 1981.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 507\n","sortOrder":659},{"sectionNumber":"700","sectionType":"section","heading":"Inspectors' identity cards","content":"700 Inspectors' identity cards\nFor the purposes of section 157(1) of the Act, an identity card given\nby the regulator to an inspector must include the following:\n(a) a recent photograph of the inspector in the form specified by\nthe regulator;\n(b) the inspector's signature;\n(c) the date (if any) on which the inspector's appointment ends;\n(d) any conditions to which the inspector's appointment is subject,\nincluding the kinds of workplaces in relation to which the\ninspector may exercise his or her compliance powers.\n","sortOrder":660},{"sectionNumber":"701","sectionType":"section","heading":"Review of decisions under the Act – stay of decision","content":"701 Review of decisions under the Act – stay of decision\nFor the purposes of section 228(6)(a) of the Act, the prescribed\nperiod is 14 days from the date on which the decision was made on\nthe internal review.\n","sortOrder":661},{"sectionNumber":"702","sectionType":"section","heading":"Confidentiality of information – exception relating","content":"702 Confidentiality of information – exception relating\nadministration or enforcement of other laws\nA corresponding WHS law is prescribed for the purposes of\nsection 271(3)(c)(ii) of the Act.\n","sortOrder":662},{"sectionNumber":"703","sectionType":"section","heading":"Definitions","content":"703 Definitions\ninfringement notice, see regulation 705.\ninfringement notice offence, see regulation 704(1).\nprescribed amount, see regulation 704(2).\n","sortOrder":663},{"sectionNumber":"704","sectionType":"section","heading":"Infringement notice offence and prescribed amount payable","content":"704 Infringement notice offence and prescribed amount payable\n(1) An infringement notice offence is an offence against a provision of\nthe Act or these Regulations specified in Schedule 19.\n(2) The prescribed amount for an infringement notice offence is the\namount specified for the offence in Schedule 19.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 508\n","sortOrder":664},{"sectionNumber":"705","sectionType":"section","heading":"When infringement notice may be given","content":"705 When infringement notice may be given\nIf an inspector reasonably believes a person has committed an\ninfringement notice offence, the inspector may give a notice (an\ninfringement notice) to the person.\n","sortOrder":665},{"sectionNumber":"706","sectionType":"section","heading":"Contents of infringement notice","content":"706 Contents of infringement notice\n(1) The infringement notice must specify the following:\n(a) the name and address of the person, if known;\n(b) the date the infringement notice is given to the person;\n(c) the date, time and place of the infringement notice offence;\n(d) a description of the offence;\n(e) the prescribed amount payable for the offence;\n(f) the enforcement agency, as defined in the Fines and Penalties\n(Recovery) Act 2001, to whom the prescribed amount is\npayable.\n(2) The infringement notice must include a statement to the effect of\n(a) the person may expiate the infringement notice offence and\navoid any further action in relation to the offence by paying the\nprescribed amount to the specified enforcement agency within\n28 days after the notice is given;\n(b) the person may elect under section 21 of the Fines and\nPenalties (Recovery) Act 2001 to have the matter dealt with by\na court instead of under that Act by completing a statement of\nelection and giving it to the specified enforcement agency;\n(c) if the person does nothing in response to the notice,\nenforcement action may be taken under the Fines and\nPenalties (Recovery) Act 2001, including (but not limited to)\naction for the following:\n(i) suspending the person's licence to drive;\n(ii) seizing personal property of the person;\n(iii) deducting an amount from the person's wages or salary;\n(iv) registering a statutory charge on land owned by the\nperson;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 509\n(v) making a community work order for the person and\nimprisonment of the person if the person breaches the\norder.\n(3) Also, the infringement notice must include an appropriate form for\nmaking the statement of election mentioned in subregulation (2)(b).\n","sortOrder":666},{"sectionNumber":"707","sectionType":"section","heading":"Payment by cheque","content":"707 Payment by cheque\nIf the person tenders a cheque in payment of the prescribed\namount, the amount is not taken to have been paid unless the\ncheque is cleared on first presentation.\n","sortOrder":667},{"sectionNumber":"708","sectionType":"section","heading":"Withdrawal of infringement notice","content":"708 Withdrawal of infringement notice\n(1) The regulator may withdraw the infringement notice by written\nnotice given to the person.\n(2) The notice must be given:\n(a) within 28 days after the infringement notice is given to the\n(b) before payment of the prescribed amount.\n","sortOrder":668},{"sectionNumber":"709","sectionType":"section","heading":"Application of Part 11.3","content":"709 Application of Part 11.3\n(1) This Part does not prejudice or affect the start or continuation of\nproceedings for an infringement notice offence for which an\ninfringement notice has been given unless the offence is expiated.\n(2) Also, this Part does not:\n(a) require an infringement notice to be given; or\n(b) affect the liability of a person to be prosecuted in a court for an\noffence for which an infringement notice has not been given;\nor\n(c) prevent more than 1 infringement notice for the same offence\nbeing given to a person.\n(3) If more than 1 infringement notice for the same offence has been\ngiven to a person, the person may expiate the offence by paying\nthe prescribed amount in accordance with any of the notices.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 510\nChapter 12 Transitional provisions for Work Health and\nSafety (National Uniform Legislation) Act 2011\nNote for Chapter 12\nChapter 12 applies in relation to mining operations with modification. See\nregulation 831.\n","sortOrder":669},{"sectionNumber":"710","sectionType":"section","heading":"Definitions","content":"710 Definitions\nexisting, in relation to plant, means in existence immediately\nbefore 1 January 2012.\nexisting business means a business or undertaking that was\nbeing conducted immediately before 1 January 2012.\nexisting workplace means a place that was a workplace for the\npurposes of the old WHS Act immediately before 1 January 2012.\nNUL followed by a provision designation, means the provision of\nthat designation in these Regulations.\nExamples for definition NUL\n1 NUL regulation 256 means regulation 256 of these Regulations.\n2 NUL Schedule 3 means Schedule 3 of these Regulations.\nold WHS Act means the Workplace Health and Safety Act 2007 as\nin force immediately before 1 January 2012.\nold WHS Authority means the Authority under the old WHS Act.\nold WHS Regulations means the Workplace Health and Safety\nRegulations 1992 as in force immediately before 1 January 2012.\nold WHS followed by a provision designation, means the provision\nof that designation of the old WHS Regulations.\nExamples for definition old WHS\n1 old WHS regulation 35 means regulation 35 of the Workplace Health and\nSafety Regulations 1992 as in force immediately before 1 January 2012.\n2 old WHS Part 5 means Part 5 of the Workplace Health and Safety\nRegulations 1992 as in force immediately before 1 January 2012.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 511\nunfinished application means an application that was made under\nthe old WHS Regulations before 1 January 2012 but, as at\n1 January 2012, had not been determined.\n","sortOrder":670},{"sectionNumber":"711","sectionType":"section","heading":"Interpretation Act 1978 not affected","content":"711 Interpretation Act 1978 not affected\nThis Chapter does not limit the operation of Part III of the\nInterpretation Act 1978.\n","sortOrder":671},{"sectionNumber":"712","sectionType":"section","heading":"Duty to provide first aid","content":"712 Duty to provide first aid\nworkplace is not required to comply with NUL regulation 42 if the\nregulation 52 is complied with as if it had not been repealed.\n","sortOrder":672},{"sectionNumber":"713","sectionType":"section","heading":"Duty to prepare, maintain and implement emergency plans","content":"713 Duty to prepare, maintain and implement emergency plans\nworkplace is not required to comply with NUL regulation 43 if the\nregulation 47(4) is complied with as if it had not been repealed.\n","sortOrder":673},{"sectionNumber":"714","sectionType":"section","heading":"Remote or isolated work","content":"714 Remote or isolated work\nnot required to comply with NUL regulation 48 in relation to remote\nor isolated work if the person ensures that, in relation to the work,\nold WHS regulations 38 and 39 are complied with as if they had not\n","sortOrder":674},{"sectionNumber":"715","sectionType":"section","heading":"Flammable or combustible materials not to be accumulated","content":"715 Flammable or combustible materials not to be accumulated\nUntil 1 January 2014, NUL regulation 53 does not apply in relation\n","sortOrder":675},{"sectionNumber":"716","sectionType":"section","heading":"Falling objects","content":"716 Falling objects\nUntil 1 January 2014, NUL regulations 54 and 55 do not apply in\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 512\n","sortOrder":676},{"sectionNumber":"717","sectionType":"section","heading":"Noise – audiometric testing","content":"717 Noise – audiometric testing\nUntil 1 January 2016, a person conducting an existing business is\nnot required to comply with NUL regulation 58 in relation to a\nworker if the person ensures that, in relation to that worker's risk of\nhearing loss associated with noise, old WHS regulations 38,\n39 and 42 are complied with as if they had not been repealed.\n","sortOrder":677},{"sectionNumber":"718","sectionType":"section","heading":"Confined space entry permits","content":"718 Confined space entry permits\nOn 1 January 2012, a permit issued under old WHS\nregulation 61A(5) that was in force immediately before\n1 January 2012 becomes a confined space entry permit under NUL\nregulation 67.\n","sortOrder":678},{"sectionNumber":"719","sectionType":"section","heading":"Confined spaces – signage","content":"719 Confined spaces – signage\nnot required to comply with NUL regulation 68 in relation to a\nconfined space if the person ensures that, in relation to that space,\nold WHS regulations 50 and 61A are complied with as if they had\nnot been repealed.\n","sortOrder":679},{"sectionNumber":"720","sectionType":"section","heading":"Confined spaces – communications, safety monitoring and","content":"720 Confined spaces – communications, safety monitoring and\nemergency procedures\nnot required to comply with NUL regulations 69 or 74 in relation to a\nconfined space if the person ensures that, in relation to that space,\nold WHS regulation 61A(4) is complied with as if it had not been\n","sortOrder":680},{"sectionNumber":"721","sectionType":"section","heading":"Falls – management of risk","content":"721 Falls – management of risk\nworkplace is not required to comply with NUL regulation 78 if the\nperson ensures that, in relation to the risk of falls at the workplace,\nold WHS regulations 38 and 39 are complied with as if they had not\n","sortOrder":681},{"sectionNumber":"722","sectionType":"section","heading":"Falls – specific requirements to minimise risk","content":"722 Falls – specific requirements to minimise risk\nworkplace is not required to comply with NUL regulation 79 if the\nregulation 47A is complied with as if it had not been repealed.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 513\n","sortOrder":682},{"sectionNumber":"723","sectionType":"section","heading":"Falls – emergency and rescue procedures","content":"723 Falls – emergency and rescue procedures\nUntil 1 January 2014, NUL regulation 80 does not apply in relation\n","sortOrder":683},{"sectionNumber":"724","sectionType":"section","heading":"Demolition work – notice of work","content":"724 Demolition work – notice of work\nnot required to comply with NUL regulation 142 in relation to\ndemolition work if the person ensures that, in relation to that work,\nold WHS regulation 26 is complied with as if it had not been\n","sortOrder":684},{"sectionNumber":"725","sectionType":"section","heading":"Electrical equipment – inspection and testing","content":"725 Electrical equipment – inspection and testing\nnot required to comply with NUL regulations 150 and 151 in relation\nto electrical equipment if the person ensures that, in relation to that\nequipment, old WHS regulation 62 is complied with as if it had not\n","sortOrder":685},{"sectionNumber":"726","sectionType":"section","heading":"Electrical work on energised electrical equipment","content":"726 Electrical work on energised electrical equipment\nUntil 1 January 2014, NUL regulations 154 to 162 do not apply in\n","sortOrder":686},{"sectionNumber":"727","sectionType":"section","heading":"Residual current devices – use of socket outlets in hostile","content":"727 Residual current devices – use of socket outlets in hostile\noperating environments\nUntil 1 January 2014, a person is not required to comply with NUL\nregulation 164 in relation to electrical equipment if the person\nensures that, in relation to that equipment, old WHS regulation 65 is\ncomplied with as if it had not been repealed.\n","sortOrder":687},{"sectionNumber":"728","sectionType":"section","heading":"Residual current devices – testing","content":"728 Residual current devices – testing\nnot required to comply with NUL regulation 165 in relation to\nelectrical equipment if the person ensures that, in relation to that\nequipment, old WHS regulation 65(3) and (4) is complied with as if\nit had not been repealed.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 514\n","sortOrder":688},{"sectionNumber":"729","sectionType":"section","heading":"Overhead and underground electric lines","content":"729 Overhead and underground electric lines\nUntil 1 January 2014, NUL regulation 166 does not apply in relation\nNote for regulation 729\nThis regulation does not affect the operation of the Electrical Reform Act 2000,\nwhich also imposes obligations in relation to electric lines in certain\ncircumstances.\n","sortOrder":689},{"sectionNumber":"730","sectionType":"section","heading":"Duties of designers","content":"730 Duties of designers\n(1) If a designer commenced designing plant or a structure before\n(a) the new upstream duties imposed on a designer do not apply\nin relation to the designing of the plant or structure; and\n(b) the old upstream duties imposed on the designer in relation to\nthe designing of the plant or structure continue to apply as if\nthe old WHS Act had not been repealed.\nnew upstream duties means the duties imposed under NUL\nregulations 59(1) and (2), 61(1) to (3), 64, 187 to 192 and 228\nto 230.\nWHS regulations 9, 61 and 84, and clause 7 of the National\nStandard for Construction Work [NOHSC:1016 (2005)] as adopted\nby old WHS regulation 133A, immediately before 1 January 2012.\n(3) This regulation expires on 1 January 2015.\n","sortOrder":690},{"sectionNumber":"731","sectionType":"section","heading":"Duties of manufacturers","content":"731 Duties of manufacturers\n(1) If a manufacturer commenced any process associated with the\nmanufacture of plant or a structure before 1 January 2012:\n(a) the new upstream duties imposed on a manufacturer do not\napply in relation to the manufacture of the plant or structure;\nand\n(b) the old upstream duties imposed on the manufacturer in\nrelation to the manufacture of the plant or structure continue to\napply as if the old WHS Act had not been repealed.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 515\nNUL regulations 59(3) and (4), 61(4) to (6), 64, 193 to 195 and 231.\nWHS regulations 10, 61 and 85 immediately before\n","sortOrder":691},{"sectionNumber":"732","sectionType":"section","heading":"Duties of importers","content":"732 Duties of importers\n(1) If an importer commenced any steps constituting the importation of\nplant or a structure before 1 January 2012:\n(a) the new upstream duties imposed on an importer do not apply\nin relation to the importation of the plant or structure; and\n(b) the old upstream duties imposed on the importer in relation to\nthe importation of the plant or structure continue to apply as if\nthe old WHS Act had not been repealed.\nNUL regulations 59(5), 61(7), 64, 196, 197 and 232.\nWHS regulations 11 and 86 immediately before 1 January 2012.\n","sortOrder":692},{"sectionNumber":"733","sectionType":"section","heading":"Duties of suppliers","content":"733 Duties of suppliers\n(1) If a supplier commenced any process associated with the supply of\nplant or a structure before 1 January 2012:\n(a) the new upstream duties imposed on a supplier do not apply\nin relation to the supply of the plant or structure; and\n(b) the old upstream duties imposed on the supplier in relation to\nthe supply of the plant or structure continue to apply as if the\nold WHS Act had not been repealed.\nNUL regulations 59(6), 61(8), 64, 198 to 200 and 233.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 516\nWHS regulations 11, 61 and 86 immediately before\n","sortOrder":693},{"sectionNumber":"734","sectionType":"section","heading":"Duties of persons installing, constructing or commissioning","content":"734 Duties of persons installing, constructing or commissioning\n(1) If a person to whom section 26 of the Act applies (an installer)\ncommenced any process associated with the installation,\nconstruction or commissioning of plant or a structure before\n(a) the new upstream duties imposed on an installer do not apply\nin relation to the installation, construction or commissioning of\nthe plant or structure; and\n(b) the old upstream duties imposed on the installer in relation to\nthe installation, construction or commissioning of the plant or\nstructure continue to apply as if the old WHS Act had not been\nNUL regulations 201, 202 and 234.\nWHS regulations 12 and 87 immediately before 1 January 2012.\n(3) This regulation expires on 1 January 2015.\n","sortOrder":694},{"sectionNumber":"735","sectionType":"section","heading":"References to upstream duty provisions","content":"735 References to upstream duty provisions\n(1) A reference in these Regulations to something done or required to\nbe done under a new upstream provision includes a reference to\nthe equivalent thing done or required to be done under the\ncorresponding provision of the old WHS regulations mentioned in\nthis Part.\nA reference to information required to be provided under section 22 of the Act\nabout plant that was being designed before 1 January 2012 includes a reference\nto information required to be provided about the plant under sections 56 and 57\nof the old WHS Act as continued by section 279 of the Act.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 517\nnew upstream provision means section 22 to 26 of the Act or a\nprovision of these Regulations mentioned in the definition new\nupstream duties in NUL regulation 730, 731, 732, 733 or 734.\n","sortOrder":695},{"sectionNumber":"736","sectionType":"section","heading":"Definitions","content":"736 Definitions\nconverted licence means a licence that becomes a high risk work\nlicence under NUL regulation 737 or 738.\nexisting licence means a licence under old WHS Part 3 that was in\nforce immediately before 1 January 2012, other than an Asbestos\nRemoval licence.\n","sortOrder":696},{"sectionNumber":"737","sectionType":"section","heading":"Continuation of licences for high risk work","content":"737 Continuation of licences for high risk work\n(1) On 1 January 2012, an existing licence of a type listed in table 737\nbecomes a high risk work licence of the class listed in the table for\nthat type of existing licence.\n(2) The converted licence remains in force until the date on which the\nexisting licence would have expired under the old\nHowever, NUL regulation 739 may affect the duration of concrete placing boom,\nstandard boiler operation and reciprocating steam engine licences.\nTable 737\n1 Basic Scaffolding Basic scaffolding\n(NUL Schedule 3, item 1)\n2 Intermediate Scaffolding Intermediate scaffolding\n(NUL Schedule 3, item 2)\n3 Advanced Scaffolding Advanced scaffolding\n(NUL Schedule 3, item 3)\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 518\n4 Dogging Dogging\n(NUL Schedule 3, item 4)\n5 Basic Rigging Basic rigging\n(NUL Schedule 3, item 5)\n6 Intermediate Rigging Intermediate rigging\n(NUL Schedule 3, item 6)\n7 Advanced Rigging Advanced rigging\n(NUL Schedule 3, item 7)\n8 Tower Crane Operation,\nif item 9 does not apply\nTower crane\n(NUL Schedule 3, item 8)\n","sortOrder":697},{"sectionNumber":"9","sectionType":"section","heading":"Tower Crane Operation,","content":"9 Tower Crane Operation,\nif stated to be for the operation of\nself-erecting tower cranes\nSelf-erecting tower cranes\n(NUL Schedule 3, item 9)\n10 Derrick Crane Operation Derrick crane\n(NUL Schedule 3, item 10)\n11 Portal Boom Crane Operation Portal boom crane\n(NUL Schedule 3, item 11)\n12 Bridge and Gantry Crane\nOperation\nBridge and gantry crane\n(NUL Schedule 3, item 12)\n13 Vehicle Loading Crane Operation Vehicle loading crane\n(NUL Schedule 3, item 13)\n14 Slewing Mobile Crane Operation\n(up to 20 tonne)\ncapacity up to 20 t\n(NUL Schedule 3, item 15)\n15 Slewing Mobile Crane Operation\n(up to 60 tonne)\ncapacity up to 60 t\n(NUL Schedule 3, item 16)\n16 Slewing Mobile Crane Operation\n(up to 100 tonne)\ncapacity up to 100 t\n(NUL Schedule 3, item 17)\n17 Slewing Mobile Crane Operation\n(open)\ncapacity over 100 t\n(NUL Schedule 3, item 18)\n18 Hoist Operation (Cantilever\nPlatform)\nMaterials hoist\n(NUL Schedule 3, item 19)\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 519\n19 Hoist Operation (Personnel and\nMaterials)\nPersonnel and materials hoist\n(NUL Schedule 3, item 20)\n20 Elevating Work Platform Operation Boom-type elevating work platform\n(NUL Schedule 3, item 21)\n21 Concrete Placing Boom Operation Concrete placing boom\n(NUL Schedule 3, item 22)\n22 Forklift Truck Operation,\nif item 22 does not apply\nForklift truck\n(NUL Schedule 3, item 24)\n23 Forklift Truck Operation,\nif stated to be for the operation of\norder-picking forklift trucks\nOrder-picking forklift truck\n(NUL Schedule 3, item 25)\n24 Basic Boiler Operation Standard boiler operation\n(NUL Schedule 3, item 26)\n25 Intermediate Boiler Operation Standard boiler operation\n(NUL Schedule 3, item 26)\n26 Advanced Boiler Operation Advanced boiler operation\n(NUL Schedule 3, item 27)\n27 Turbine Operation Turbine operation\n(NUL Schedule 3, item 28)\n28 Reciprocating Steam Engine\nOperation\nReciprocating steam engine\n(NUL Schedule 3, item 29)\n","sortOrder":698},{"sectionNumber":"738","sectionType":"section","heading":"Continuation of non-slewing mobile crane licences","content":"738 Continuation of non-slewing mobile crane licences\n(1) On 1 January 2012, an existing licence for Non-slewing Mobile\nCrane Operation becomes both of the following:\n(a) a non–slewing mobile crane high risk work licence as\nmentioned in NUL Schedule 3, item 14;\n(b) a reach stacker high risk work licence as mentioned in\nNUL Schedule 3, item 23.\n(2) Each of the converted licences remains in force until the date on\nwhich the existing licence would have expired under the old\nHowever, NUL regulation 739 may affect the duration of a reach stacker licence.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 520\n","sortOrder":699},{"sectionNumber":"738A","sectionType":"section","heading":"Former Intermediate Boiler Operation licence","content":"738A Former Intermediate Boiler Operation licence\n(1) This regulation applies in relation to an existing licence for\nIntermediate Boiler Operation that became a standard boiler\noperation high risk work licence on 1 January 2012.\n(2) Until 1 July 2015, in addition to work that is authorised to be carried\nout under a standard boiler operation high risk work licence, the\nconverted licence authorises the licence holder to carry out work of\nthe class that the existing licence authorised the licence holder to\ncarry out immediately before 1 January 2012.\n","sortOrder":700},{"sectionNumber":"739","sectionType":"section","heading":"Licences for high risk work in classes with changed","content":"739 Licences for high risk work in classes with changed\ncompetency requirements\n(1) This regulation applies in relation to a converted licence of one of\nthe following classes:\n(a) concrete placing boom;\n(b) reach stacker;\n(c) standard boiler operation;\n(d) reciprocating steam engine.\n(2) If the expiry date of the licence is on or after 1 July 2015, the\nlicence is subject to a condition that the licence holder must give to\nthe regulator, before 1 July 2015, a copy of a certification\nmentioned in NUL regulation 87(2)(f) for the relevant class of\n(3) If the expiry date of the licence is before 1 July 2015, an application\nfor the renewal of the licence made before 1 July 2015 must include\neither:\n(a) a copy of a certification as mentioned in NUL\nregulation 87(2)(f) for the relevant class of licence; or\n(b) a statement that the licence holder has not yet obtained that\ncertification.\n(4) If the application includes a statement as mentioned in\nsubregulation (3)(b):\n(a) NUL regulation 89(2)(e) does not apply; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 521\n(b) if it is renewed, the licence is subject to a condition that the\nlicence holder must give to the regulator, before 1 July 2015, a\ncopy of a certification as mentioned in NUL regulation 87(2)(f)\nfor the relevant class of licence.\n(5) If the licence holder does not comply with a condition imposed by\nsubregulation (2) or (4)(b), the licence expires on 1 July 2015.\n","sortOrder":701},{"sectionNumber":"740","sectionType":"section","heading":"Conditions on converted licences","content":"740 Conditions on converted licences\nA converted licence is subject to any conditions to which the\nexisting licence was subject immediately before 1 January 2012.\n","sortOrder":702},{"sectionNumber":"741","sectionType":"section","heading":"Non-renewal of certain converted licences","content":"741 Non-renewal of certain converted licences\nA converted licence that was, immediately before 1 January 2012, a\nlicence to which old WHS regulation 174 applied cannot be\nrenewed under these Regulations.\n","sortOrder":703},{"sectionNumber":"742","sectionType":"section","heading":"Existing licences suspended","content":"742 Existing licences suspended\nIf, immediately before 1 January 2012, an existing licence was\nsuspended, the converted licence is suspended until the date on\nwhich the suspension would have ended under the old WHS\nRegulations.\n","sortOrder":704},{"sectionNumber":"743","sectionType":"section","heading":"Unfinished applications for licences","content":"743 Unfinished applications for licences\n(1) An unfinished application for the grant or renewal of a licence, or\nthe issue of a replacement licence, under old WHS Part 3 (other\nthan an Asbestos Removal licence) is to be dealt with and\ndetermined (including as to the exercise of any right of review or\nappeal) in accordance with the old WHS Act as if it had not been\n(2) If the licence is granted, NUL regulations 737 to 740 apply as if the\nlicence had been in force immediately before 1 January 2012.\n(3) If the licence is renewed, NUL regulations 737(2) or 738(2) apply as\nif the licence had been renewed immediately before\n","sortOrder":705},{"sectionNumber":"744","sectionType":"section","heading":"Applications for issue of reach stacker licences before","content":"744 Applications for issue of reach stacker licences before\n(1) This regulation applies in relation to an application for a reach\nstacker high risk work licence that is made before 1 July 2015.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 522\n(2) The application does not need to include a copy of a certification as\nmentioned in NUL regulation 87(2)(f) for a reach stacker high risk\nwork licence if it includes:\n(a) a copy of a certification as mentioned in\nNUL regulation 87(2)(f) for a non–slewing mobile crane high\nrisk work licence; and\n(b) evidence that the applicant has experience in the operation of\na reach stacker.\n(3) If the regulator is satisfied that the application includes the\ncertification and evidence mentioned in subregulation (2),\nNUL regulation 89(2)(e) does not apply.\n(4) If a licence is granted to a person who provides the certification and\nevidence mentioned in subregulation (2), the licence is subject to a\ncondition that the person must give to the regulator, before\n1 July 2015, a copy of a certification as mentioned in\nNUL regulation 87(2)(f) for a reach stacker licence.\n(5) If the licence holder does not comply with the condition imposed by\nsubregulation (4), the licence expires on 1 July 2015.\n","sortOrder":706},{"sectionNumber":"745","sectionType":"section","heading":"Applications for issue of other licences with new competency","content":"745 Applications for issue of other licences with new competency\nrequirements before 1 July 2015\n(1) This regulation applies in relation to an application for a high risk\nwork licence in one of the following classes that is made before\n1 July 2015:\n(a) concrete placing boom;\n(b) standard boiler operation;\n(c) reciprocating steam engine.\n(2) The application does not need to include a copy of a certification as\nmentioned in NUL regulation 87(2)(f) if it includes written evidence\nthat the applicant has met the training and qualification\nrequirements that applied under old WHS regulation 17(2) for:\n(a) in the case of a concrete placing boom high risk work\nlicence – a Concrete Placing Boom Operation licence; or\n(b) in the case of a standard boiler operation high risk work\nlicence – a Basic Boiler Operation licence; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 523\n(c) in the case of a reciprocating steam engine high risk work\nlicence – a Reciprocating Steam Engine Operation licence.\n(3) If the regulator is satisfied that the application includes written\nevidence as mentioned in subregulation (2),\nNUL regulation 89(2)(e) does not apply.\n(4) If a licence is granted to a person who provides the evidence\nmentioned in subregulation (2), the licence is subject to a condition\nthat the person must give to the regulator, before 1 July 2015, a\ncopy of a certification as mentioned in NUL regulation 87(2)(f) for\nthe relevant class of licence.\n(5) If the licence holder does not comply with the condition imposed by\nsubregulation (4), the licence expires on 1 July 2015.\n","sortOrder":707},{"sectionNumber":"746","sectionType":"section","heading":"Registered assessors become accredited assessors","content":"746 Registered assessors become accredited assessors\nbefore 1 January 2012, registered under old WHS regulation 28.\n(2) On 1 January 2012, the person becomes an accredited assessor\nunder NUL Part 4.5, Division 2.\n(3) If the person was registered under old WHS regulation 28 on or\nafter 1 July 2010, the person's accreditation expires 3 years after\nthe person was registered.\n(4) If the person was registered under old WHS regulation 28 before\n1 July 2010, the person's accreditation expires:\n(a) if the person had, before 1 January 2012, been recognised by\nthe old WHS Authority as having the workplace assessor\ncompetencies mentioned in clause 6.11(a) of the National\nStandard for Licensing Persons Performing High Risk Work –\n3 years after the person was so recognised; or\n(b) otherwise – on 1 July 2012.\n","sortOrder":708},{"sectionNumber":"747","sectionType":"section","heading":"Unfinished applications for registration","content":"747 Unfinished applications for registration\n(1) An unfinished application for registration under old WHS\nregulation 28 is to be dealt with and determined (including as to the\nexercise of any right of review or appeal) in accordance with the old\nWHS Act as if it had not been repealed.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 524\n(2) If the registration is granted, NUL regulation 746 applies as if the\n","sortOrder":709},{"sectionNumber":"748","sectionType":"section","heading":"Interpretation","content":"748 Interpretation\ndive supervisor means a person appointed under\nNUL regulation 177.\nharvesting or scientific diving work means general diving work\nthat is carried out for the purpose of:\n(a) harvesting pearls or food (including fishing); or\n(b) professional scientific research, natural resource management\nor scientific research as an educational activity.\nother diving work means general diving work that is not harvesting\nor scientific diving work.\n","sortOrder":710},{"sectionNumber":"749","sectionType":"section","heading":"Medical certificates","content":"749 Medical certificates\nUntil 1 July 2012, a worker carrying out general diving work is not\nrequired to hold a current certificate of medical fitness that complies\nwith NUL regulation 169 if, in relation to the worker, old\nWHS regulation 168(b) is complied with as if it had not been\n","sortOrder":711},{"sectionNumber":"750","sectionType":"section","heading":"Competence of workers – general diving work","content":"750 Competence of workers – general diving work\n(1) A person may carry out harvesting or scientific diving work without\ncomplying with NUL regulation 171(a):\n(a) if the person was engaged to carry out harvesting or scientific\ndiving work on a regular basis during 2011:\n(i) if the person had, before 1 January 2012, logged at least\n60 hours of harvesting or scientific diving work – until\n1 January 2015; or\n(ii) otherwise – until 1 July 2012; or\n(b) if paragraph (a) does not apply and the person is engaged to\ncarry out harvesting or scientific diving work after\n1 January 2012 but before 1 July 2012 – until 6 months after\nthe person commences that work.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 525\n(2) The person may carry out other diving work without complying with\nregulation 171(a):\n(a) if the person was engaged to carry out general diving work on\na regular basis during 2011:\n(i) if the person had, before 1 January 2012, logged at least\n15 hours of general diving work – until 1 January 2015;\nor\n(ii) otherwise – until 1 July 2012; or\n(b) if paragraph (a) does not apply and the person is engaged to\ncarry out other diving work after 1 January 2012 but before\n1 July 2012 – until 6 months after the person commences that\n","sortOrder":712},{"sectionNumber":"751","sectionType":"section","heading":"Competence of persons supervising general diving work","content":"751 Competence of persons supervising general diving work\nUntil 1 January 2015, NUL regulation 5(1), definition competent\nperson, paragraph (b) and NUL regulation 174 do not apply.\n","sortOrder":713},{"sectionNumber":"752","sectionType":"section","heading":"Management of risks to health and safety","content":"752 Management of risks to health and safety\nUntil 1 January 2015, a person conducting an existing business\nundertaking general diving work is not required to comply with\nNUL regulation 176 if the person ensures that, in relation to that\ndiving work, old WHS regulations 38, 39 and 168 are complied with\nas if they had not been repealed.\n","sortOrder":714},{"sectionNumber":"753","sectionType":"section","heading":"Appointment of competent persons to supervise diving work","content":"753 Appointment of competent persons to supervise diving work\nUntil 1 January 2015, NUL regulation 177 does not apply in relation\n","sortOrder":715},{"sectionNumber":"754","sectionType":"section","heading":"Dive plans","content":"754 Dive plans\nnot required to comply with NUL regulations 178 or 179 in relation\nto diving work if the person ensures that, in relation to that work, old\nWHS regulations 43 and 168(e) are complied with as if they had not\n","sortOrder":716},{"sectionNumber":"755","sectionType":"section","heading":"Dive safety logs","content":"755 Dive safety logs\nUntil 1 January 2015, NUL regulations 180 and 181 do not apply in\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 526\n","sortOrder":717},{"sectionNumber":"756","sectionType":"section","heading":"Record keeping","content":"756 Record keeping\nnot required to comply with NUL regulation 182 in relation to diving\nwork if the person ensures that, in relation to the keeping of records\nabout that work, old WHS regulations 38 and 168 are complied with\nas if they had not been repealed.\n","sortOrder":718},{"sectionNumber":"757","sectionType":"section","heading":"High risk diving work – person conducting business or","content":"757 High risk diving work – person conducting business or\nUntil 1 January 2015, a person is not required to comply with\nNUL regulation 183 in relation to high risk diving work if the person\nensures that, in relation to that work, old WHS regulation 168 is\ncomplied with as if it had not been repealed.\n","sortOrder":719},{"sectionNumber":"758","sectionType":"section","heading":"High risk diving work – competence of diver","content":"758 High risk diving work – competence of diver\nUntil 1 January 2015, a person is not required to comply with\nNUL regulation 184 if the person is competent to perform the work\nwithin the meaning of old WHS regulation 168(b) as in force\nimmediately before 1 January 2012.\n","sortOrder":720},{"sectionNumber":"759","sectionType":"section","heading":"Guarding","content":"759 Guarding\nUntil 1 January 2014, a person with management or control of\nexisting plant is not required to comply with NUL regulation 208 if\nthe person ensures that, in relation to that plant, old\nWHS regulation 125(b) is complied with as if it had not been\n","sortOrder":721},{"sectionNumber":"760","sectionType":"section","heading":"Operational controls, emergency stops and warning devices","content":"760 Operational controls, emergency stops and warning devices\nUntil 1 January 2014, NUL regulations 210 to 212 do not apply in\nrelation to existing plant.\n","sortOrder":722},{"sectionNumber":"761","sectionType":"section","heading":"Protective structures","content":"761 Protective structures\nUntil 1 January 2015, NUL regulations 216 and 217 do not apply in\nrelation to existing plant.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 527\n","sortOrder":723},{"sectionNumber":"762","sectionType":"section","heading":"Scaffolds","content":"762 Scaffolds\nexisting scaffold is not required to comply with NUL regulation 225 if\nthe person ensures that, in relation to that scaffold, old\nWHS regulation 133 is complied with as if it had not been repealed.\n","sortOrder":724},{"sectionNumber":"763","sectionType":"section","heading":"Major inspection of registered mobile cranes and tower cranes","content":"763 Major inspection of registered mobile cranes and tower cranes\nUntil 1 January 2015, a person with management or control of an\nexisting crane is not required to comply with NUL regulation 235 if\nthe person ensures that, in relation to the inspection of the crane:\n(a) old WHS regulation 87B is complied with as if it had not been\nrepealed; and\n(b) any inspection carried out for the purposes of compliance with\nold WHS regulation 87B is carried out in accordance with\nAS 1418 (Cranes, hoists and winches).\n","sortOrder":725},{"sectionNumber":"764","sectionType":"section","heading":"Operation of amusement devices","content":"764 Operation of amusement devices\nNUL regulation 238 if the person ensures that, in relation to the\noperation of that device, old WHS regulation 120 is complied with\nas if it had not been repealed.\n","sortOrder":726},{"sectionNumber":"765","sectionType":"section","heading":"Competent person for inspection of amusement devices","content":"765 Competent person for inspection of amusement devices\nbefore 1 January 2012, registered under old WHS regulation 33 as\nan inspector of designated plant with authority to inspect\namusement devices.\n(2) Until 1 January 2015, the person is taken to be a competent person\nfor the purposes of NUL regulation 241(5)(b).\n","sortOrder":727},{"sectionNumber":"766","sectionType":"section","heading":"Annual inspection of amusement devices","content":"766 Annual inspection of amusement devices\nNUL regulation 241 if the person ensures that, in relation to the\ninspection of the device, old WHS regulations 99, 100 and 120 are\ncomplied with as if they had not been repealed.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 528\n","sortOrder":728},{"sectionNumber":"767","sectionType":"section","heading":"Logbook and manuals for amusement devices","content":"767 Logbook and manuals for amusement devices\nNUL regulation 242 if the person ensures that, in relation to that\ndevice, old WHS regulation 105 is complied with as if it had not\n","sortOrder":729},{"sectionNumber":"768","sectionType":"section","heading":"Continuation of registration of designs","content":"768 Continuation of registration of designs\n(1) This regulation applies in relation to a design of plant that:\n(a) was registered under old WHS regulation 90 immediately\nbefore 1 January 2012; and\n(b) is required to be registered under NUL Part 5.3, Division 1.\n(2) On 1 January 2012:\n(a) the registration becomes registration under NUL Part 5.3,\nDivision 3; and\n(b) the design registration number issued under old\nWHS regulation 90(5)(a) becomes the plant design\nregistration number for the design under NUL regulation 260.\n(3) A person is not required to comply with NUL regulation 260(3) or (4)\nin relation to that plant design registration number until\n(4) As soon as practicable after 1 January 2012 the regulator must\nissue to the registration holder a registration document as\nmentioned in NUL regulation 261 for that design.\n","sortOrder":730},{"sectionNumber":"769","sectionType":"section","heading":"Conditions continued","content":"769 Conditions continued\nA registration converted by NUL regulation 768(2)(a) into\nregistration under NUL Part 5.3, Division 3 is subject to any\nconditions to which the registration was subject immediately before\n","sortOrder":731},{"sectionNumber":"770","sectionType":"section","heading":"Unfinished applications for registration","content":"770 Unfinished applications for registration\n(1) An unfinished application for registration of a design, or an\nalteration to a registered design, under old WHS regulation 90 is to\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 529\nbe dealt with and determined (including as to the exercise of any\nright of review or appeal) in accordance with the old WHS Act as if\nit had not been repealed.\n(2) If the registration is granted, NUL regulation 768 applies as if the\n","sortOrder":732},{"sectionNumber":"771","sectionType":"section","heading":"Old verification procedures may be used for 2 years","content":"771 Old verification procedures may be used for 2 years\n(1) Until 1 January 2014, an application under NUL regulation 249 for\nthe registration of the design of an item of plant does not need to\ninclude a design verification statement as mentioned in\nNUL regulation 250(2)(f) if it includes a verification statement that\ncomplies with old WHS regulation 90(2)(a) and (3)(b) as if it had not\n(2) A design verifier is not required to comply with NUL regulation 253\nin relation to the design verification process for a design if the\nverifier started the process before 1 January 2012 and completes it\nbefore 1 January 2014.\n","sortOrder":733},{"sectionNumber":"772","sectionType":"section","heading":"Registration of designs for new classes of plant","content":"772 Registration of designs for new classes of plant\n(1) This regulation applies in relation to the design of an item of plant\n(a) is of a kind that is required to be registered under\nNUL Part 5.3, Division 3; but\n(b) was not required to be registered under old\nWHS regulation 90.\n(2) Despite NUL regulation 243, the design is not required to be\nregistered if plant of that design had been manufactured before\n1 January 2012 or is first manufactured before 1 January 2014.\n","sortOrder":734},{"sectionNumber":"773","sectionType":"section","heading":"Definition","content":"773 Definition\nIn this Subdivision:\nconverted registration means registration that is converted by\nNUL regulation 774(2) into registration under NUL Part 5.3,\nDivision 4.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 530\n","sortOrder":735},{"sectionNumber":"774","sectionType":"section","heading":"Continuation of registration of certificated items of plant","content":"774 Continuation of registration of certificated items of plant\n(1) This regulation applies in relation to an item of plant if:\n(a) immediately before 1 January 2012:\n(i) the item of plant was registered under old\nWHS regulation 95; and\n(ii) a certificate of inspection in respect of the plant was in\nforce under old WHS regulation 99; and\n(b) the item of plant is required to be registered under\nNUL Part 5.3, Division 2.\n(2) On 1 January 2012:\n(a) the registration becomes registration under NUL Part 5.3,\nDivision 4; and\n(b) the identification number issued under old\nWHS regulation 95(4)(b) becomes the plant registration\nnumber for the item of plant under NUL regulation 273; and\n(c) the certificate of registration issued under old\nWHS regulation 95(4)(a) becomes the registration document\nfor the item of plant under NUL regulation 274.\n(3) The converted registration is subject to a condition that the\nregistration holder must give to the regulator, before\n1 January 2014, a copy of the certificate mentioned in\nsubregulation (1)(a)(ii).\n(4) If the registration holder does not comply with the condition\nimposed by subregulation (3), the registration expires on\n(5) A person is not required to comply with NUL regulation 273(3) or (4)\nin relation to the plant's registration number until 1 January 2014.\n","sortOrder":736},{"sectionNumber":"775","sectionType":"section","heading":"Conditions continued","content":"775 Conditions continued\nA converted registration is subject to any conditions to which the\nregistration was subject immediately before 1 January 2012.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 531\n","sortOrder":737},{"sectionNumber":"776","sectionType":"section","heading":"Duration of converted registrations","content":"776 Duration of converted registrations\nA converted registration expires:\n(a) if the item of plant was registered before 1 January 2001 – on\n1 January 2014; or\n(b) if the item of plant was registered on or after 1 January 2001\nbut before 1 January 2006 – on 1 January 2015; or\n(c) if the item of plant was registered on or after 1 January 2006\nbut before 1 January 2009 – on 1 January 2016; or\n(d) if the item of plant was registered on or after 1 January 2009\nbut before 1 January 2011 – on 1 January 2017; or\n(e) if the item of plant was registered on or after 1 January 2011 –\non 1 January 2018.\n","sortOrder":738},{"sectionNumber":"777","sectionType":"section","heading":"Unfinished applications for registration","content":"777 Unfinished applications for registration\n(1) An unfinished application for registration of an item of plant under\nold WHS regulation 95 is to be dealt with and determined (including\nas to the exercise of any right of review or appeal) in accordance\nwith the old WHS Act as if it had not been repealed.\n(2) If registration is granted, NUL regulation 774 applies as if the\n","sortOrder":739},{"sectionNumber":"778","sectionType":"section","heading":"Registration of items of plant in new classes","content":"778 Registration of items of plant in new classes\n(1) This regulation applies in relation to an item of plant that:\n(a) is of a kind that is required to be registered under\nNUL Part 5.3, Division 4; and\n(b) was not required to be registered under old\nWHS regulation 95; and\n(c) was in existence immediately before 1 January 2012.\n(2) Despite NUL regulation 246, the item of plant is not required to be\nregistered under NUL Part 5.3, Division 4 until 1 January 2014.\n","sortOrder":740},{"sectionNumber":"779","sectionType":"section","heading":"Competent person for plant inspections","content":"779 Competent person for plant inspections\nbefore 1 January 2012, registered under old WHS regulation 33 as\nan inspector of designated plant.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 532\n(2) Until 1 January 2014, the person is taken to be a competent person\nunder NUL regulation 267 in respect of plant of the kind the person\nwas authorised to inspect immediately before 1 January 2012.\nDivision 1 Duties relating to construction work\n","sortOrder":741},{"sectionNumber":"780","sectionType":"section","heading":"Trenches","content":"780 Trenches\nnot required to comply with NUL regulation 306 in relation to the\nexcavation of a trench if the person ensures that, in relation to that\nexcavation, old WHS regulation 145 is complied with as if it had not\n","sortOrder":742},{"sectionNumber":"781","sectionType":"section","heading":"Principal contractor – management plans","content":"781 Principal contractor – management plans\nUntil 1 January 2014, the principal contractor for a construction\nproject that started before 1 January 2012 is not required to comply\nwith NUL regulations 308 to 314 if the person ensures that, in\nrelation to that project, old WHS regulation 133A is complied with\nas if it have not been repealed.\n","sortOrder":743},{"sectionNumber":"782","sectionType":"section","heading":"Definitions","content":"782 Definitions\nNT Code means the Northern Territory Code of Practice for\nInduction for Construction Work.\nunfinished application means an application that was made under\nthe NT Code before 1 January 2012 but, as at 1 January 2012, had\nnot been determined.\nwhite card means a construction induction card issued under the\nNT Code.\n","sortOrder":744},{"sectionNumber":"783","sectionType":"section","heading":"Continuation of existing cards","content":"783 Continuation of existing cards\nOn 1 January 2012, a white card that was in force immediately\nbefore 1 January 2012 becomes a general construction induction\ntraining card.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 533\n","sortOrder":745},{"sectionNumber":"784","sectionType":"section","heading":"Unfinished applications for registration","content":"784 Unfinished applications for registration\n(1) An unfinished application for the issue of a white card, or a\nreplacement white card, is to be dealt with and determined\n(including as to the exercise of any right of review or appeal) in\naccordance with the NT Code and old WHS Act as if that Act had\nnot been repealed.\n(2) If the card is issued, NUL regulation 783 applies as if the card had\nbeen in force immediately before 1 January 2012.\n","sortOrder":746},{"sectionNumber":"786","sectionType":"section","heading":"Introductory period for GHS","content":"786 Introductory period for GHS\n(1) This regulation applies in relation to a provision of these\nRegulations that makes provision for a matter by reference to\ncompliance with the GHS.\n(2) Until 1 January 2023, a person is taken to comply with the provision\nto the extent it requires compliance with the GHS if the person\ncomplies with the GHS 3 to the extent that it relates to the matter.\nNote for regulation 786\nThis regulation applies in relation to the whole of these Regulations. Most\nprovisions relating to the GHS are in Chapter 7, however a number of definitions\nin NUL regulation 5 and NUL regulations 471, 472, 483 and 484 also make\nreference to the GHS.\n","sortOrder":747},{"sectionNumber":"787","sectionType":"section","heading":"Abandoned tanks","content":"787 Abandoned tanks\nUntil 1 January 2014, NUL regulation 367 does not apply in relation\nto a tank that was an abandoned tank immediately before\n","sortOrder":748},{"sectionNumber":"788","sectionType":"section","heading":"Reports of health monitoring to regulator","content":"788 Reports of health monitoring to regulator\nnot required to comply with NUL regulation 376 in relation to a\nworker if the person ensures that, in relation to the worker, old\nWHS regulation 69E(1)(b) is complied with as if it had not been\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 534\n","sortOrder":749},{"sectionNumber":"789","sectionType":"section","heading":"Pipeline builder's duties","content":"789 Pipeline builder's duties\n(1) Until 1 January 2014, NUL regulation 390 does not apply in relation\nto a pipeline.\n(2) However, if:\n(a) building of the pipeline commences before 1 January 2014; or\n(b) a circumstance mentioned in NUL regulation 390(3)(a) to (e)\noccurs before 1 January 2014;\nthe builder must comply with NUL regulation 390 in relation to that\ncircumstance before 1 January 2014.\n(3) A builder is not required to give to the regulator information about a\npipeline that was given to the old WHS Authority before\n1 January 2012 in accordance with clause 56 of NOHSC:1015.\nbuilder means a person to whom NUL regulation 390 applies.\n","sortOrder":750},{"sectionNumber":"790","sectionType":"section","heading":"Management of risks – existing pipelines","content":"790 Management of risks – existing pipelines\nUntil 1 January 2014, NUL regulation 391(2) and (3) do not apply in\nrelation to a pipeline that was, immediately before 1 January 2012,\nbeing used to transfer hazardous chemicals.\n","sortOrder":751},{"sectionNumber":"791","sectionType":"section","heading":"Lead risk work","content":"791 Lead risk work\nUntil 1 January 2014, NUL regulations 402 to 404 do not apply in\n","sortOrder":752},{"sectionNumber":"792","sectionType":"section","heading":"Definitions","content":"792 Definitions\nDG licence means a licence for the storage of dangerous goods\nunder Part I, Division 2 of the Dangerous Goods Regulations 1995\nas in force immediately before 1 January 2012.\nNOHSC:1015 means the National Standard for Storage and\nHandling of Workplace Dangerous Goods [NOHSC:1015(2001)] as\nin force immediately before 1 January 2012.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 535\n","sortOrder":753},{"sectionNumber":"793","sectionType":"section","heading":"New manifest requirements for existing workplace","content":"793 New manifest requirements for existing workplace\n(b) immediately before 1 January 2012, neither of the following\nwere required in relation to the storage or handling of the\nchemicals at the workplace:\n(i) a DG licence;\n(ii) a manifest under clause 40 of NOHSC:1015.\n(2) Until 1 January 2014, NUL regulations 347 and 348 do not apply in\nrelation to the person conducting the existing business at that\n","sortOrder":754},{"sectionNumber":"794","sectionType":"section","heading":"Existing DG licence holders","content":"794 Existing DG licence holders\n(b) immediately before 1 January 2012, a DG licence was in force\nin relation to the storage of those chemicals at that workplace.\n(2) Until the date on which the DG licence was due to expire, the\nperson is not required to comply with NUL regulations 347 and 348\nin relation to that workplace if the person ensures that, in relation to\nthe workplace, clauses 40 and 45 of NOHSC:1015 are complied\nwith.\n","sortOrder":755},{"sectionNumber":"795","sectionType":"section","heading":"Existing manifests and notifications under NOHSC:1015","content":"795 Existing manifests and notifications under NOHSC:1015\n(b) immediately before 1 January 2012, a manifest of dangerous\ngoods was kept for the workplace under clause 40 of\nNOHSC:1015; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 536\n(c) a notification was given to the old WHS Authority under\nclause 45 of NOHSC:1015 not more than 12 months before\n(2) Until the re-notification date, the person is not required to comply\nwith NUL regulations 347 and 348 in relation to that workplace if the\nperson ensures that, in relation to the workplace, clauses 40 and 45\nof NOHSC:1015 are complied with.\nre-notification date means the date 12 months after the\nnotification mentioned in subregulation (1)(c) was given to the old\nWHS Authority.\n","sortOrder":756},{"sectionNumber":"796","sectionType":"section","heading":"Significant change of chemicals","content":"796 Significant change of chemicals\n(1) This Division ceases to apply in relation to a workplace if there is a\nsignificant change in the Schedule 11 hazardous chemicals at the\n(2) There is a significant change in the Schedule 11 hazardous\nchemicals at a workplace if the type or quantity of Schedule 11\nhazardous chemicals being used, handled or stored at the\nworkplace changes in such a way that, had the change occurred\nbefore 1 January 2012:\n(a) a DG licence would have been required to be obtained, or an\nexisting DG would have been required to be amended; or\n(b) a re-notification would have been required to be provided\nunder clause 45(c)(ii) of NOHSC:1015.\n","sortOrder":757},{"sectionNumber":"797","sectionType":"section","heading":"Asbestos registers and management plans","content":"797 Asbestos registers and management plans\nUntil 1 January 2015, NUL regulations 425 to 430, 448 to 450 and\n463 do not apply in relation to an existing workplace.\n","sortOrder":758},{"sectionNumber":"798","sectionType":"section","heading":"Naturally occurring asbestos","content":"798 Naturally occurring asbestos\nUntil 1 January 2014, NUL Part 8.4 does not apply in relation to an\nexisting workplace.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 537\n","sortOrder":759},{"sectionNumber":"799","sectionType":"section","heading":"Training","content":"799 Training\nnot required to comply with NUL regulation 445 in relation to a\nworker if the person ensures that, in relation to the worker's\ninvolvement in asbestos removal work or asbestos-related work, old\nWHS regulation 43 is complied with as if it had not been repealed.\n","sortOrder":760},{"sectionNumber":"800","sectionType":"section","heading":"Demolition and refurbishment","content":"800 Demolition and refurbishment\nnot required to comply with NUL regulations 451 to 457 in relation\nto a demolition or refurbishment if the person ensures that, in\nrelation to that demolition or refurbishment, old WHS regulation 151\nis complied with as if the old WHS Regulations had not been\n","sortOrder":761},{"sectionNumber":"801","sectionType":"section","heading":"Nominated supervisors","content":"801 Nominated supervisors\n(1) Until 1 January 2015, in NUL Chapter 8 a reference to a nominated\nsupervisor for asbestos removal work is a reference to a competent\nperson whose name has been give to the regulator by the asbestos\nremovalist carrying out the work as a supervisor of work carried out\nby the removalist.\ncompetent person means:\n(a) for Class A asbestos removal work – the holder of a converted\nlicence authorising the person to carry out Class A asbestos\nremoval work who has held that licence for at least 3 years; or\n(b) for Class B asbestos removal work – the holder of a converted\nlicence authorising the person to carry out Class B asbestos\nremoval work who has held that licence for at least 1 year.\nconverted licence, see NUL regulation 811.\n","sortOrder":762},{"sectionNumber":"802","sectionType":"section","heading":"VET training for workers","content":"802 VET training for workers\nUntil 1 January 2015, an asbestos removalist is not required to\ncomply with NUL regulation 460(1) in relation to a worker if the\nremovalist ensures that, in relation to the worker, old\nWHS regulation 43 is complied with as if it had not been repealed.\nNote for regulation 802\nThe operation of NUL regulation 460 is also affected by NUL regulation 810.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 538\n","sortOrder":763},{"sectionNumber":"803","sectionType":"section","heading":"Asbestos removal control plans","content":"803 Asbestos removal control plans\nUntil 1 January 2014, an asbestos removalist is not required to\ncomply with NUL regulations 464 and 465 in relation to asbestos\nremoval work that was commissioned before 1 January 2012 if the\nremovalist ensures that, in relation to the work, section 58 of the old\nWHS Act is complied with as if it had not been repealed.\nNote for regulation 803\nThe operation of NUL regulations 464 and 465 is also affected by NUL\nregulation 810.\n","sortOrder":764},{"sectionNumber":"804","sectionType":"section","heading":"Information and access","content":"804 Information and access\nUntil 1 January 2014, NUL regulations 467 to 470 do not apply.\nNote for regulation 804\nThe operation of NUL regulations 467 and 470 is also affected by\nNUL regulation 810.\n","sortOrder":765},{"sectionNumber":"805","sectionType":"section","heading":"Decontamination and disposal of waste","content":"805 Decontamination and disposal of waste\nUntil 1 January 2014, NUL regulations 471, 472, 483 and 484 do\nnot apply in relation to asbestos removal work that was\ncommissioned before 1 January 2012.\nNote for regulation 805\nNUL regulation 786 contains transitional arrangements in relation to the GHS.\n","sortOrder":766},{"sectionNumber":"806","sectionType":"section","heading":"Clearance certificates","content":"806 Clearance certificates\n(1) Until 1 January 2016, NUL regulation 473(2)(a) and (b) apply as if\nthe word \"independent\" had been omitted.\n(2) Until 1 January 2015, a person is taken to be a competent person\nfor the purposes of NUL regulation 473(2)(b) if the person:\n(a) is a competent person within the meaning of NUL regulation 5,\ndefinition competent person, paragraph (g); or\n(b) is the holder of a converted licence (as defined in NUL\nregulation 811) authorising the person to carry out Class B\nasbestos removal work and has held that licence for at least\n1 year.\nNote for regulation 806\nThe operation of NUL regulation 473 is also affected by NUL regulation 810.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 539\n","sortOrder":767},{"sectionNumber":"807","sectionType":"section","heading":"Air-monitoring – class A asbestos removal work","content":"807 Air-monitoring – class A asbestos removal work\nundertaking is not required to comply with NUL regulations 475\nor 476 in relation to asbestos removal work if the person ensures\nthat, in relation to the work, old WHS regulation 41 is complied with\nas if it had not been repealed.\n","sortOrder":768},{"sectionNumber":"808","sectionType":"section","heading":"Independence of air monitoring","content":"808 Independence of air monitoring\nUntil 1 January 2015, NUL regulations 475 and 477(1)(e) apply as if\neach reference to the word \"independent\" had been omitted.\nNote for regulation 808\nThe operation of NUL regulations 475 and 477 is also affected by\nNUL regulations 807 and 810.\n","sortOrder":769},{"sectionNumber":"809","sectionType":"section","heading":"Asbestos-related work","content":"809 Asbestos-related work\nundertaking is not required to comply with NUL regulations 479\nto 481 in relation to asbestos-related work if the person ensures\nthat, in relation to the work, old WHS regulations 43 and 68 are\ncomplied with as if they had not been repealed.\n","sortOrder":770},{"sectionNumber":"810","sectionType":"section","heading":"Licence holder duties imposed on person conducting","content":"810 Licence holder duties imposed on person conducting\nUntil 1 January 2015, a reference in NUL Part 8.7 or 8.8 to a\nlicensed asbestos removalist:\n(a) is taken to be a reference to an asbestos removalist; and\n(b) is taken to not be a reference to the holder of a converted\nlicence (as defined in NUL regulation 811) who is not an\nasbestos removalist.\nNotes for regulation 810\n1 An asbestos removalist is a person conducting a business or undertaking\nwho carries out asbestos removal work, whether or not the person is\nlicensed. A worker carrying out the work is not an asbestos removalist\nunless the worker is also the person conducting the business or\nundertaking.\n2 The operation of some provisions in NUL Parts 8.7 and 8.8 is also affected\nby other regulations in this Division.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 540\n","sortOrder":771},{"sectionNumber":"811","sectionType":"section","heading":"Definitions","content":"811 Definitions\nconverted licence means a licence that becomes an asbestos\nremoval licence or asbestos assessor licence under\nNUL regulation 812.\nexisting licence means an Asbestos Removal licence under old\nWHS Part 3 that was in force immediately before 1 January 2012.\n","sortOrder":772},{"sectionNumber":"812","sectionType":"section","heading":"Continuation of Asbestos Removal licences","content":"812 Continuation of Asbestos Removal licences\n(1) On 1 January 2012, an existing licence authorising the licence\nholder to carry out work involving friable asbestos that was issued\nbefore 1 January 2009 becomes both of the following:\n(a) a Class A asbestos removal licence;\n(b) an asbestos assessor licence.\n(2) On 1 January 2012, an existing licence authorising the licence\nholder to carry out work involving friable asbestos that was issued\non or after 1 January 2009 becomes a Class A asbestos removal\n(3) On 1 January 2012, an existing licence to which subregulations (1)\nand (2) do not apply becomes a Class B asbestos removal licence.\n(4) Each of the converted licences remains in force until\nSubregulation (4) applies regardless of the date on which the existing licence\nwould have expired. The duration of a converted asbestos assessor licence may\nalso be affected by subregulations (5) and (6).\n(5) A converted asbestos assessor licence is subject to a condition that\nthe licence holder must, before 1 July 2012, satisfy the regulator\nthat the person is competent to carry out work as a licensed\nasbestos assessor.\n(6) If the licence holder does not comply with a condition imposed by\nsubregulation (5), the licence expires on 1 July 2012.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 541\n","sortOrder":773},{"sectionNumber":"813","sectionType":"section","heading":"Conditions on converted licences","content":"813 Conditions on converted licences\nA converted licence is subject to any conditions to which it was\nsubject immediately before 1 January 2012.\n","sortOrder":774},{"sectionNumber":"814","sectionType":"section","heading":"Non-renewal of converted licences","content":"814 Non-renewal of converted licences\nA converted licence cannot be renewed under these Regulations.\nNote for regulation 814\nThis regulation does not prevent the licensee applying for a new licence under\nthese Regulations.\n","sortOrder":775},{"sectionNumber":"815","sectionType":"section","heading":"Existing licences suspended","content":"815 Existing licences suspended\nIf, immediately before 1 January 2012, an existing licence was\nsuspended, the converted licence is suspended until the date on\nwhich the suspension would have ended under the old\n","sortOrder":776},{"sectionNumber":"816","sectionType":"section","heading":"Unfinished applications for Asbestos Removal licences","content":"816 Unfinished applications for Asbestos Removal licences\n(1) An unfinished application for the grant or renewal of an Asbestos\nRemoval licence, or the issue of a replacement Asbestos Removal\nlicence, under old WHS Part 3 is to be dealt with and determined\n(including as to the exercise of any right of review or appeal) in\naccordance with the old WHS Act as if it had not been repealed.\n(2) If the licence is granted or renewed, NUL regulations 812 to 814\napply as if the licence had been in force immediately before\n","sortOrder":777},{"sectionNumber":"817","sectionType":"section","heading":"Applications for issue of licences before 1 January 2015","content":"817 Applications for issue of licences before 1 January 2015\n(1) This regulation applies in relation to an application for an asbestos\nremoval licence or asbestos assessor licence that is made before\n(2) An application for an asbestos removal licence does not need to\ninclude the information required by NUL regulation 493(1)(c)\nor 494(1)(c) if it includes written evidence that each named\nsupervisor has met the training and qualification requirements that\napplied under old WHS regulation 17(2) for an Asbestos Removal\nlicence immediately before 1 January 2012.\n(3) An application for an asbestos assessor licence does not need to\ninclude the information required by NUL regulation 495(b) if it\nincludes written evidence that the applicant has met the training\nand qualification requirements that applied under old WHS\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 542\nregulation 17(2) for an Asbestos Removal licence immediately\nbefore 1 January 2012.\n(4) If the application does not include the information required by NUL\nregulation 493(1)(c), 494(1)(c) or 495(b), NUL regulation 497(1)(b)\ndoes not apply.\n(5) Despite NUL regulation 503, if a licence is granted on an\napplication that does not include the information required by\nNUL regulation 493(1)(c), 494(1)(c) or 495(b), the licence expires\non 1 January 2015 and cannot be renewed.\nThis subregulation does not prevent the licensee applying for a new licence.\n(6) Despite NUL Schedule 2, if the application does not include the\ninformation required by NUL regulation 493(1)(c), 494(1)(c)\nor 495(b), the fee payable with the application is:\n(a) if the application is made during 2012 – $1 310 or\n(b) if the application is made during 2013 or 2014 – $655.\n","sortOrder":778},{"sectionNumber":"818","sectionType":"section","heading":"Requirement to be licensed and related obligations","content":"818 Requirement to be licensed and related obligations\nundertaking is not required to comply with NUL regulation 485(2)\nor 487(2) if the worker who is directed or allowed to carry out the\nremoval holds, or is supervised by another worker who holds, the\nrequisite asbestos removal licence.\n","sortOrder":779},{"sectionNumber":"819","sectionType":"section","heading":"Definitions","content":"819 Definitions\naccepted safety report, means a safety report under Part 7 of\nNOHSC:1014 that is accepted by the relevant public authority as\ncomplying with NOHSC:1014.\nconverted major hazard facility means a facility that becomes a\ndetermined major hazard facility under NUL regulation 821.\nDG licence for a facility, means a licence under Part I, Division 2 of\nthe Dangerous Goods Regulations 1995 authorising the storage of\nSchedule 15 chemicals at the facility.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 543\nNOHSC:1014 means the National Standard for Control of Major\nHazard Facilities [NOHSC:1014(2002)] as incorporated into the old\nWHS Regulations by old WHS regulation 168BA.\nrelevant public authority has the same meaning as it has in\nNOHSC:1014.\n","sortOrder":780},{"sectionNumber":"820","sectionType":"section","heading":"Notifications continued","content":"820 Notifications continued\n(1) A notification about a facility given under clause 5.1 of\nNOHSC:1014 before 1 January 2012 is taken to be a notification\ngiven by the operator of the facility under NUL regulation 536\nor 537.\n(2) The giving of that notification is taken to be sufficient compliance by\nthe operator with NUL regulation 536 or 537.\n(3) However, if the notification did not include all the information\nrequired by NUL regulation 538 to be included in a notification, the\noperator must provide the additional information to the regulator\nbefore 1 July 2012.\n","sortOrder":781},{"sectionNumber":"821","sectionType":"section","heading":"Classifications continued as determinations","content":"821 Classifications continued as determinations\n(1) If a facility was, immediately before 1 January 2012, classified\nunder clause 5.5 of NOHSC:1014 as a major hazard facility, on\n(a) the facility becomes a determined major hazard facility; and\n(b) the classification becomes a determination made under\nNUL regulation 542.\n(2) If a facility was, immediately before 1 January 2012, classified\nunder clause 5.6 of NOHSC:1014 as a major hazard facility, on\n(a) the facility becomes a determined major hazard facility; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 544\n(b) the classification becomes a determination made under NUL\nregulation 541.\n(3) If a facility was, immediately before 1 January 2012, classified\nunder clause 5.6 of NOHSC:1014 as not being a major hazard\nfacility, on 1 January 2012 the classification becomes a\ndetermination under NUL regulation 541 that the facility is not a\n(4) The determination is taken to have been made when the\nclassification was made.\n(5) The determination is subject to any conditions to which the\nclassification was subject immediately before 1 January 2012.\n(6) NUL regulation 545(1) and (2) do not apply in relation a\ndetermination mentioned in subregulation (1) to (3).\n","sortOrder":782},{"sectionNumber":"822","sectionType":"section","heading":"Accepted safety reports continued as safety cases etc.","content":"822 Accepted safety reports continued as safety cases etc.\nfacility if, immediately before 1 January 2012, there was an\naccepted safety report for the facility.\n(2) If NUL Part 9.3 applies in relation to the facility, Division 2 of that\nPart does not apply in relation to the facility.\nNUL Part 9.3 will not apply if the facility is a licensed major hazard facility.\n(3) All hazards and events identified and documented under clause 6.1\nof NOHSC:1014 are taken to have been identified and documented\nunder NUL regulation 554.\n(4) On 1 January 2012, the documented risk assessment for the facility\nunder clause 6.1 of NOHSC:1014 becomes the safety assessment\nfor the facility as if it had been prepared under NUL regulation 555.\n(5) On 1 January 2012, the emergency plans for the facility under\nclauses 6.2(d) and 9 of NOHSC:1014 become the emergency plan\nfor the facility as if they had been prepared under\nNUL regulation 557.\n(6) On 1 January 2012, the safety management system for the facility\nunder clause 6.3 of NOHSC:1014 becomes the safety management\nsystem for the facility as if it had been established under NUL\nregulation 558.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 545\n(7) On 1 January 2012, the accepted safety report for the facility\nbecomes the safety case for the facility as if it had been prepared\nand given to the regulator under NUL Part 9.3, Division 4.\n(8) If a provision of these Regulations requires a document mentioned\nin this regulation to have been prepared in a particular way or to\ncontain particular information and that requirement did not apply\nunder NOHSC:1014, the provision is not required to be complied\nwith until the next review of risk management for the facility is\nrequired under NUL regulation 569.\n(9) For the purposes of NUL regulation 569(2)(g), the first review\nconducted under NUL regulation 569 must be conducted not more\nthan 5 years after the date on which an accepted safety report for\nthe facility was last accepted by the relevant public authority under\nNOHSC:1014.\n","sortOrder":783},{"sectionNumber":"823","sectionType":"section","heading":"Determined facilities without accepted safety reports","content":"823 Determined facilities without accepted safety reports\nfacility if, immediately before 1 January 2012, there was not an\naccepted safety report for the facility.\n(2) Despite NUL regulation 549(1), the operator of the facility must\napply for a major hazard facility licence before 1 January 2015, or\nany longer period allowed under NUL regulation 549(2).\n(3) Despite NUL regulation 560, the operator of the facility must\nprovide the regulator with a completed safety case for the facility\nwithin the period within which the operator is required to apply for a\nmajor hazard facility licence for the facility.\n","sortOrder":784},{"sectionNumber":"824","sectionType":"section","heading":"Continuation of licence for facility with accepted safety report","content":"824 Continuation of licence for facility with accepted safety report\nfacility if, immediately before 1 January 2012:\n(a) there was an accepted safety report for the facility; and\n(b) a DG licence was in force for the facility.\n(2) On 1 January 2012, the DG licence becomes a major hazard facility\nlicence held by the operator of the converted major hazard facility.\n(3) The major hazard facility licence remains in force until the date on\nwhich the DG licence would have expired.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 546\n(4) The major hazard facility licence is subject to any conditions to\nwhich the DG licence was subject immediately before\n(5) NUL regulation 596(4) does not apply in relation to an application\nfor the renewal of the licence made before 1 January 2014.\n","sortOrder":785},{"sectionNumber":"825","sectionType":"section","heading":"Application for renewal of DG licence made but not determined","content":"825 Application for renewal of DG licence made but not determined\nfacility if:\n(a) before 1 January 2012, an application was made for the\nrenewal of a DG licence for the facility; and\n(b) as at 1 January 2012, that application had not been\ndetermined; and\n(c) the DG licence becomes a major hazard facility licence under\nNUL regulation 824.\n(2) On 1 January 2012, the application becomes an application under\nNUL Part 9.7, Division 3 for the renewal of the major hazard facility\n(3) NUL regulation 596 does not apply in relation to the application if it\nwas made in the manner and form required under the Dangerous\nGoods Regulations 1995.\nHowever, if necessary information has not been provided it may be requested by\nthe regulator under NUL regulations 598(a) and 579.\n","sortOrder":786},{"sectionNumber":"826","sectionType":"section","heading":"Renewal fees for converted major hazard facility licences","content":"826 Renewal fees for converted major hazard facility licences\n(a) a DG licence for a facility becomes a major hazard facility\nlicence under NUL regulation 824; and\n(b) an application for the renewal of the major hazard facility\nlicence is made before 1 January 2013; and\n(c) the safety case review date for the facility is on or after\n(2) Despite NUL Schedule 2, the fee payable with the application for\nrenewal is the fee set out in table 826.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 547\nsafety case review date means the date 5 years after the date on\nwhich an accepted safety report for the facility was last accepted by\nthe relevant public authority under NOHSC:1014.\ntier, for a facility, see Schedule 2.\nTable 826\nSafety case\nrenewal date\nFee\nTier 1 facility Tier 2 facility Tier 3 facility\n1 During 2013 $2 000 $5 000 $9 000\n2 During 2014 $4 000 $10 000 $18 000\n3 During 2015 $6 000 $15 000 $27 000\n4 During 2016 $8 000 $20 000 $36 000\n827 Keeping of documents\n(a) a provision of these Regulations (the new provision) requires\na document to be kept for a particular period of time; and\n(b) a provision of the old WHS Regulations (the old provision)\nrequired the keeping of a similar document.\n(2) The documents required to be kept under the new provision include\ndocuments that, immediately before 1 January 2012, were required\nto be kept under the old provision.\n","sortOrder":787},{"sectionNumber":"828","sectionType":"section","heading":"Things done for purposes of continued provisions","content":"828 Things done for purposes of continued provisions\nIf a provision of this Chapter enables a person to comply with a\nprovision of these Regulations (the new provision) by ensuring\nthat a provision of the old WHS Regulations (the old provision) is\ncomplied with, anything done for the purposes of compliance with\nthe old provision is taken to have been done for the purposes of\ncompliance with the new provision.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 548\n","sortOrder":788},{"sectionNumber":"829","sectionType":"section","heading":"Recognition of interstate things","content":"829 Recognition of interstate things\n(1) A reference in these Regulations to something done or in force\nunder a corresponding WHS law includes a reference to a thing that\nis, under an interstate transitional law, taken to be, or continued as,\na thing done or in force under the corresponding WHS law.\ninterstate transitional law means a law of another jurisdiction that\nmakes transitional arrangements consequent on the enactment of a\n\n","sortOrder":789},{"sectionNumber":"Part 13","sectionType":"part","heading":"Transitional provisions for Work Health and Safety (National Uniform","content":"Chapter 13 Transitional provisions for Work Health and Safety (National Uniform\nLegislation) Amendment Regulations 2012\nWork Health and Safety (National Uniform Legislation) Regulations 2011 549\nChapter 13 Transitional provisions for Work Health and\nAmendment Regulations 2012\n","sortOrder":790},{"sectionNumber":"830","sectionType":"section","heading":"Definitions","content":"830 Definitions\nexisting mine site means a mine site at which mining activity or a\nrelated activity was being carried out immediately before\nold WHS followed by a provision designation, means the provision\nof that designation of the old WHS Regulations.\nold WHS Act means the Workplace Health and Safety Act 2007 as\nin effect immediately before 1 March 2012 under section 33 of the\nWork Health and Safety (National Uniform Legislation)\nImplementation Act 2011.\nold WHS Authority means the Authority under the old WHS Act.\nold WHS Regulations means the Workplace Health and Safety\nRegulations 1992 as in effect immediately before 1 March 2012\nunder section 33 of the Work Health and Safety (National Uniform\nLegislation) Implementation Act 2011.\n(2) Terms defined in Chapter 10 have the same meanings in this\nChapter as in Chapter 10.\n","sortOrder":791},{"sectionNumber":"831","sectionType":"section","heading":"Application of Chapter 12 to mining operations","content":"831 Application of Chapter 12 to mining operations\nChapter 12 applies in relation to mining operations (as defined in\nsection 33(2) of the Work Health and Safety (National Uniform\nLegislation) Implementation Act 831) as if:\n(a) the definitions old WHS Act and old WHS Regulations in\nregulation 710 were replaced by the definitions of those terms\nin regulation 830(1); and\n(b) each other reference in Chapter 12 to 1 January 2012 were a\nreference to 1 March 2012.\n\nChapter 13 Transitional provisions for Work Health and Safety (National Uniform\nLegislation) Amendment Regulations 2012\nWork Health and Safety (National Uniform Legislation) Regulations 2011 550\n","sortOrder":792},{"sectionNumber":"832","sectionType":"section","heading":"Continuation of existing risk management plans","content":"832 Continuation of existing risk management plans\n(1) This regulation applies in relation to an existing mine site if:\n(a) before 1 March 2012 a risk management plan for the mine site\nthat complied with old WHS regulation 39B and Part 11A had\nbeen given to the old WHS Authority under section 58 of the\nold WHS Act; and\n(b) as at 1 March 2012 no requirement to amend that plan had\narisen under old WHS regulation 39B(3).\n(2) On 1 March 2012 the risk management plan mentioned in\nsubregulation (1)(a) becomes the risk management plan for the\nmine site for Chapter 10.\n(3) The plan is taken to have been prepared, certified and given to the\nregulator in accordance with regulations 612 to 614.\n(4) Before 1 January 2015 the mine operator must review and as\nnecessary revise the risk management plan under regulation 615\n(even if an event mentioned in regulation 615(1)(a) or (b) has not\noccurred) to ensure that the plan complies with Chapter 10.\n","sortOrder":793},{"sectionNumber":"833","sectionType":"section","heading":"Mine operator","content":"833 Mine operator\n(1) This regulation applies in relation to an existing mine site if:\n(a) regulation 832 applies in relation to the mine site; and\n(b) the person named as the mine operator in the risk\nmanagement plan for the mine site is not the entitlement\nholder for the mine site (as defined in regulation 610(1)(a)).\n(2) On 1 March 2012 the person named as the mine operator becomes\nthe mine operator for the mine site under regulation 610(1)(b) as if\nthe person had been appointed in accordance with that regulation.\n\n","sortOrder":794},{"sectionNumber":"Part 15","sectionType":"part","heading":"Transitional matters for Work Health and Safety (National Uniform","content":"Chapter 15 Transitional matters for Work Health and Safety (National Uniform\nLegislation) Amendment (Engineered Stone)\nWork Health and Safety (National Uniform Legislation) Regulations 2011 551\n","sortOrder":795},{"sectionNumber":"Part 14","sectionType":"part","heading":"Transitional matters for Work Health and","content":"Chapter 14 Transitional matters for Work Health and\nAmendment Regulations 2016\n","sortOrder":796},{"sectionNumber":"834","sectionType":"section","heading":"Application of Chapter 6 to construction projects","content":"834 Application of Chapter 6 to construction projects\n(1) Chapter 6, as in force before the commencement, continues to\napply to a construction project, the cost of which is less than\n$500 000 but not less than $250 000, if the construction phase of\nthe project began before the commencement.\ncommencement means commencement of the Work Health and\nSafety (National Uniform Legislation) Amendment\nRegulations 2016.\nChapter 15 Transitional matters for Work Health and\nAmendment (Engineered Stone)\n","sortOrder":797},{"sectionNumber":"835","sectionType":"section","heading":"Particular work involving engineered stone – exception if","content":"835 Particular work involving engineered stone – exception if\ncarried out under pre-2024 contract\n(1) Regulation 529D does not apply to work that involves installing\nengineered stone benchtops, panels or slabs if the work is carried\nout:\n(a) under a contract originally entered into on or before\n31 December 2023; and\n(b) on or before 31 December 2024.\n(2) Regulation 529D does not apply to work if:\n(a) the work involves supplying or processing engineered stone\nbenchtops, panels or slabs to be installed under a contract\nreferred to in subregulation (1)(a); and\n(b) the work occurs on or before 31 December 2024; and\n(c) for work that involves processing the engineered stone – the\nprocessing is controlled.\n\nChapter 15 Transitional matters for Work Health and Safety (National Uniform\nLegislation) Amendment (Engineered Stone)\nWork Health and Safety (National Uniform Legislation) Regulations 2011 552\n","sortOrder":798},{"sectionNumber":"836","sectionType":"section","heading":"Application of Part 8A.3 to processing of engineered stone","content":"836 Application of Part 8A.3 to processing of engineered stone\ncarried out before 1 July 2024\n(1) Regulation 529G(2) does not apply to a person conducting a\nbusiness or undertaking carrying out work, or directing or allowing a\nworker to carry out work, to which regulation 529G(1) applies if:\n(a) carrying out of the work commenced before 1 July 2024; and\n(b) the work continues to be carried out on or after 1 July 2024;\nand\n(c) the person gives the regulator a written notice described in\nregulation 529G(2) in relation to the work as soon as\npracticable after 1 July 2024.\n(2) A notice given under subregulation (1)(c) is taken, for the purposes\nof Part 8A.3, to be a notice given under regulation 529G(2).\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 553\nregulation 4\nNote for Schedule 1\n","sortOrder":799},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"appears in some corresponding WHS laws but is not required in the","content":"Schedule 1 appears in some corresponding WHS laws but is not required in the\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 554\nregulation 5(1), definition relevant fee\nThis Schedule specifies fees to be paid under these Regulations.\nTable 2.1\nRegulation Nature of fee Fee\n(revenue units)\nHealth and safety representative training\n21(1A) Application for approval 1 210\nHigh risk work licence\n87(3) Application for grant 62\n98(4)(b) Application for replacement licence document 31\n101(3) Application for renewal 51\nAccreditation of assessor\n116(3) Application for grant 217\n127(4)(b) Application for replacement accreditation document 54\n130(2) Application for renewal 95\nPlant\n250(4) Application for registration of design 85\n266(3) Application for registration of item of plant 58\n277(3) Application for renewal of registration of item of plant 66\n288(4)(b) Application for replacement registration document 25\nConstruction induction training cards\n319(4) Application for issue 21\n321(3)(b) Application for replacement 21\nAsbestos removal licence or asbestos assessor licence\n492(3) Application for grant of asbestos removal licence\nApplication for grant of asbestos assessor licence\n2 642\n513(4)(b) Application for replacement licence document 35\n516(3) Application for renewal of asbestos removal licence\nApplication for renewal of asbestos assessor licence\n2 642\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 555\nMajor hazard facilities\n578(3) Application for grant of licence:\nfor tier 1 facility 8 065\nfor tier 2 facility 20 162\nfor tier 3 facility 36 291\n594(4)(b) Application for replacement licence document 41\n596(3) Application for renewal of licence\nfor tier 1 facility 8 065\nfor tier 2 facility 20 162\nfor tier 3 facility 36 291\n600(2)(b) Application for transfer of licence 404\n601(2)(b) Application for cancellation of licence 41\n2 Tiers for major hazard facility fees\n(1) A major hazard facility is a tier 1 facility if Schedule 15 chemicals\nare present or likely to be present at the facility only for the purpose\nof one or more of the following:\n(a) storage;\n(b) repacking;\n(c) distribution.\n(2) A major hazard facility is a tier 2 facility if it is not a tier 1 facility or\na tier 3 facility.\n(3) A major hazard facility is a tier 3 facility if Schedule 15 chemicals\nare used, or to be used, at the facility in multiple or complex\nprocesses at high or low temperatures or pressures.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 556\n","sortOrder":800},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"High risk work licences and classes of high","content":"Schedule 3 High risk work licences and classes of high\nrisk work\nregulation 81\nTable 3.1\nScaffolding work\n1 Basic scaffolding Scaffolding work involving any of the\n(a) modular or prefabricated scaffolds;\n(b) cantilevered materials hoists with a\nmaximum working load of 500 kg;\n(c) ropes;\n(d) gin wheels;\n(e) safety nets and static lines;\n(f) bracket scaffolds (tank and formwork);\nbut excluding scaffolding work involving\nequipment, loads or tasks listed in\nitems 2(2)(a) to (g) and 3(2)(a) to (c)\n2 Intermediate\nscaffolding\n(1) Scaffolding work included in the class of basic\nscaffolding; and\n(2) Scaffolding work involving any of the\n(a) cantilevered crane loading platforms;\n(b) cantilevered scaffolds;\n(c) spur scaffolds;\n(d) barrow ramps and sloping platforms;\n(e) scaffolding associated with perimeter\nsafety screens and shutters;\n(f) mast climbing work platforms;\n(g) tube and coupler scaffolds (including\ntube and coupler covered ways and\ngantries);\nbut excluding scaffolding work involving\nequipment, loads or tasks listed in\nitem 3(2)(a) to (c)\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 557\n3 Advanced scaffolding (1) Scaffolding work included in the class of\nintermediate scaffolding; and\n(2) Scaffolding work involving any of the\n(a) cantilevered hoists;\n(b) hung scaffolds, including scaffolds hung\nfrom tubes, wire ropes or chains;\n(c) suspended scaffolds\nDogging and rigging work\n4 Dogging Dogging work\n5 Basic rigging (1) Dogging work\n(2) Rigging work involving any of the following:\n(a) structural steel erection;\n(b) hoists;\n(c) precast concrete members of a\nstructure;\n(d) safety nets and static lines;\n(e) mast climbing work platforms;\n(f) perimeter safety screens and shutters;\n(g) cantilevered crane loading platforms;\nbut excluding rigging work involving\nequipment, loads or tasks listed in items 6(b)\nto (f) and 7(b) to (e)\n6 Intermediate rigging Rigging work involving any of the following:\n(a) rigging work in the class basic rigging;\n(b) hoists with jibs and self-climbing hoists;\n(c) cranes, conveyors, dredges and\nexcavators;\n(d) tilt slabs;\n(e) demolition of structures or plant;\n(f) dual lifts;\nbut excluding rigging work involving\nequipment listed in item 7(b) to (e)\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 558\n7 Advanced rigging Rigging work involving any of the following:\n(a) rigging work in the class intermediate\nrigging;\n(b) gin poles and shear legs;\n(c) flying foxes and cable ways;\n(d) guyed derricks and structures;\n(e) suspended scaffolds and fabricated\nhung scaffolds\nCrane and hoist operation\n8 Tower crane Use of a tower crane\n9 Self-erecting tower\nUse of a self-erecting tower crane\n10 Derrick crane Use of a derrick crane\n11 Portal boom crane Use of a portal boom crane\n12 Bridge and gantry\nUse of a bridge crane or gantry crane that is:\n(a) controlled from a permanent cabin or control\nstation on the crane; or\n(b) remotely controlled and having more than\n3 powered operations;\nincluding the application of load estimation and\nslinging techniques to move a load\n13 Vehicle loading crane Use of a vehicle loading crane with a capacity of\n10 m t or more, including the application of load\nestimation and slinging techniques to move a load\n14 Non-slewing mobile\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 559\n15 Slewing mobile\ncapacity up to 20 t\n20 t or less\n16 Slewing mobile\ncapacity up to 60 t\n60 t or less\n17 Slewing mobile\ncapacity up to 100 t\n100 t or less\n18 Slewing mobile\ncapacity over 100 t\nUse of a slewing mobile crane with a capacity\nexceeding 100 t\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 560\n19 Materials hoist Use of a materials hoist\n20 Personnel and\nmaterials hoist\nUse of a personnel and materials hoist\nUse of a materials hoist\n21 Boom-type elevating\nwork platform\nUse of a boom-type elevating work platform where\nthe length of the boom is 11 m or more\n22 Concrete placing\nboom\nUse of a concrete placing boom\nReach stackers\n23 Reach stacker Operation of a reach stacker of greater than 3 t\ncapacity that incorporates an attachment for lifting,\nmoving and travelling with a shipping container,\nbut does not include a portainer crane\nForklift operation\n24 Forklift truck Use of a forklift truck other than an order picking\nforklift truck\n25 Order-picking forklift\ntruck\nUse of an order-picking forklift truck\nPressure equipment operation\n26 Standard boiler\nOperation of a boiler with a single fuel source that\ndoes not have a preheater, superheater or\neconomiser attached\n27 Advanced boiler\nOperation of a boiler, including a standard boiler,\nwhich may have one or more of the following:\n(a) multiple fuel sources;\n(b) pre-heater;\n(c) superheater;\n(d) economiser\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 561\n28 Steam turbine\nOperation of a steam turbine that has an output of\n500 kW or more and:\n(a) is multi-wheeled; or\n(b) is capable of a speed greater than 3600 rpm;\nor\n(c) has attached condensers; or\n(d) has a multistaged heat exchange extraction\nprocess\n29 Reciprocating steam\nengine\nOperation of a reciprocating steam engine where\nthe diameter of any piston exceeds 250 mm\n1 Boom-type elevating work platform\nFor the purposes of table 3.1, item 21, the length of a boom is the\ngreater of the following:\n(a) the vertical distance from the surface supporting the boom\ntype elevating work platform to the floor of the platform, with\nthe platform extended to its maximum height;\n(b) the horizontal distance from the centre point of the boom's\nrotation to the outer edge of the platform, with the platform\nextended to its maximum distance.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 562\n","sortOrder":801},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"High risk work licences – competency","content":"Schedule 4 High risk work licences – competency\nregulation 81\nThis Schedule sets out the qualifications for high risk work licences.\nTable 4.1\n1 Basic scaffolding Licence to erect, alter and dismantle scaffolding\nbasic level\n2 Intermediate\nscaffolding\nbasic level; and\nintermediate level\n3 Advanced scaffolding Licence to erect, alter and dismantle scaffolding\nbasic level; and\nintermediate level; and\nadvanced level\n4 Dogging Licence to perform dogging\n5 Basic rigging Licence to perform dogging; and\nLicence to perform rigging basic level\n6 Intermediate rigging Licence to perform dogging; and\nLicence to perform rigging basic level; and\nLicence to perform rigging intermediate level\n7 Advanced rigging Licence to perform dogging; and\nLicence to perform rigging basic level; and\nLicence to perform rigging intermediate level; and\nLicence to perform rigging advanced level\n8 Tower crane Licence to operate a tower crane\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 563\n9 Self-erecting tower\nLicence to operate a self-erecting tower crane\n10 Derrick crane Licence to operate a derrick crane\n11 Portal boom crane Licence to operate a portal boom crane\n12 Bridge and gantry\nLicence to operate a bridge and gantry crane\n13 Vehicle loading crane Licence to operate a vehicle loading crane\n(capacity 10 m t and above)\n14 Non-slewing mobile\nLicence to operate a non-slewing mobile crane\n(greater than 3 t capacity)\n15 Slewing mobile crane\n20 t\n20 t)\n16 Slewing mobile crane\n60 t\n60 t)\n17 Slewing mobile crane\n100 t\n100 t)\n18 Slewing mobile crane\n– with a capacity over\n100 t\nLicence to operate a slewing mobile crane (over\n100 t)\n19 Materials hoist Licence to operate a materials hoist\n20 Personnel and\nmaterials hoist\nLicence to operate a personnel and materials\nhoist\n21 Boom-type elevating\nwork platform\nLicence to operate a boom-type elevating work\nplatform (boom length 11 m or more)\n22 Concrete placing\nboom\nLicence to operate a concrete placing boom\n23 Reach stacker Licence to operate a reach stacker of greater than\n3 t capacity\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 564\n24 Forklift truck Licence to operate a forklift truck\n25 Order-picking forklift\ntruck\nLicence to operate an order-picking forklift truck\n26 Standard boiler\nLicence to operate a standard boiler\n27 Advanced boiler\nLicence to operate a standard boiler; and\nLicence to operate an advanced boiler\n28 Steam turbine\nLicence to operate a steam turbine\n29 Reciprocating steam\nengine operation\nLicence to operate a reciprocating steam engine\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 565\nregulations 243 and 246\nPart 1 Plant requiring registration of design\n1 Items of plant requiring registration of design\n1.1 Pressure equipment, other than pressure piping, and categorised\nas hazard level A, B, C or D according to the criteria in Section 2.1\nof AS 4343:2014 (Pressure equipment – Hazard levels).\n1.2 Gas cylinders covered by Section 1 of AS 2030.1:2009 (Gas\ncylinders – General Requirements).\n1.3 Tower cranes including self-erecting tower cranes.\n1.4 Lifts, escalators and moving walkways.\n1.5 Building maintenance units.\n1.6 Hoists with a platform movement exceeding 2.4 m, designed to lift\npeople.\n1.7 Work boxes designed to be suspended from cranes.\n1.8 Amusement devices classified by Section 2.1 of AS 3533.1:2009\n(Amusement rides and devices – Design and construction), except\ndevices specified in clause 2(2).\n1.8A Passenger ropeways.\n1.9 Concrete placing booms.\n1.10 Prefabricated scaffolding.\n1.11 Boom-type elevating work platforms.\n1.12 Gantry cranes with a safe working load greater than 5 t or bridge\ncranes with a safe working load of greater than 10 t, and any gantry\ncrane or bridge crane which is designed to handle molten metal or\nSchedule 11 hazardous chemicals.\n1.13 Vehicle hoists.\n1.14 Mast climbing work platforms.\n1.15 Mobile cranes with a rated capacity of greater than 10 t.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 566\n2 Exceptions\n(1) The items of plant listed in clause 1 do not include:\n(a) a heritage boiler; or\n(ab) any pressure equipment (other than a gas cylinder) excluded\nfrom the scope of AS/NZS 1200:2015 (Pressure equipment);\nor\n(b) a crane or hoist that is manually powered; or\n(ba) a reach stacker; or\n(c) an elevating work platform that is a scissor lift or a vertically\nmoving platform; or\n(d) a tow truck.\nNote for subclause (1)(ab)\nSee paragraph A3 of Appendix A to AS/NZS 1200:2015 (Pressure equipment).\n(2) The following devices are excluded from clause 1.8:\n(a) class 1 devices;\n(b) playground devices;\n(c) water slides where water facilitates patrons to slide easily,\npredominantly under gravity, along a static structure;\n(d) wave generators where patrons do not come into contact with\nthe parts of machinery used for generating water waves;\n(e) inflatable devices, other than inflatable devices (continuously\nblown) with a platform height of 3 metres or more.\n","sortOrder":802},{"sectionNumber":"Part 2","sectionType":"part","heading":"Items of plant requiring registration","content":"Part 2 Items of plant requiring registration\n3 Items of plant requiring registration\n3.1 Boilers categorised as hazard level A, B or C according to criteria in\nSection 2.1 of AS 4343:2014 (Pressure equipment – Hazard\nlevels).\n3.2 Pressure vessels categorised as hazard level A, B or C according\nto the criteria in Section 2.1 of AS 4343:2014 (Pressure\nequipment – Hazard levels), except:\n(a) gas cylinders; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 567\n(b) LP Gas fuel vessels for automotive use; and\n(c) serially produced vessels.\n3.3 Tower cranes including self-erecting tower cranes.\n3.4 Lifts, escalators and moving walkways.\n3.5 Building maintenance units.\n3.6 Amusement devices classified by Section 2.1 of AS 3533.1:2009\n(Amusement rides and devices – Design and construction), except\ndevices specified in clause 4(2).\n3.7 Concrete placing booms.\n3.8 Mobile cranes with a rated capacity of greater than 10 t.\n4 Exceptions\n(1) The items of plant listed in clause 3 do not include:\n(a) any pressure equipment (other than a gas cylinder) excluded\nfrom the scope of AS/NZS 1200:2015 (Pressure equipment);\nor\n(b) a crane or hoist that is manually powered; or\n(c) a reach stacker.\nNote for subclause (1)(a)\nSee paragraph A3 of Appendix A to AS/NZS 1200:2015 (Pressure equipment).\n(2) The following devices are excluded from clause 3.6:\n(a) class 1 devices;\n(b) playground devices;\n(c) water slides where water facilitates patrons to slide easily,\npredominantly under gravity, along a static structure;\n(d) wave generators where patrons do not come into contact with\nthe parts of machinery used for generating water waves;\n(e) inflatable devices, other than inflatable devices (continuously\nblown) with a platform height of 3 metres or more.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 568\nregulation 5(1), definition GHS\nThe tables in this Schedule replace some of the tables in the GHS.\nTable 6.1 Classification of mixtures containing respiratory or skin\nsensitisers\nclassified as either a respiratory sensitiser or a skin sensitiser that\nwould trigger classification of the mixture.\nSkin sensitiser\nRespiratory sensitiser\nAll physical\nstates\nSolid/liquid Gas\n1 Skin sensitiser Category 1 ≥ 1.0%\n2 Skin sensitiser\nSub-category 1A\n≥ 0.1%\n3 Skin sensitiser\nSub-category 1B\n≥ 1.0%\n4 Respiratory sensitiser\n≥ 1.0% ≥ 0.2%\n5 Respiratory sensitiser\nSub-category 1A\n≥ 0.1% ≥ 0.1%\n6 Respiratory sensitiser\nSub-category 1B\n≥ 1.0% ≥ 0.2%\nNote for table 6.1\nTable 6.1 replaces table 3.4.5 in:\n(a) the GHS, p 159; and\n(b) the GHS 3, p 151.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 569\nTable 6.2 Classification of mixtures containing carcinogens\nclassified as a carcinogen that would trigger classification of the\nmixture.\ncarcinogen\ncarcinogen\n1 Category 1 carcinogen ≥ 0.1%\n2 Category 2 carcinogen ≥ 1.0%\nNotes for table 6.2\n1 The concentration limits in table 6.2 apply to solids and liquids (w/w units)\n2 Table 6.2 replaces table 3.6.1 in:\n(a) the GHS, p 174; and\n(b) the GHS 3, p 166.\nTable 6.3 Classification of mixtures containing reproductive toxicants\nclassified as a reproductive toxicant or for effects on or via lactation\nthat would trigger classification of the mixture.\nreproductive\nreproductive\nAdditional\ncategory for\neffects on or\nvia lactation\n1 Category 1 reproductive\n≥ 0.3%\n2 Category 2 reproductive\n≥ 3.0%\n3 Additional category for\neffects on or via lactation\n≥ 0.3%\nNotes for table 6.3\n1 The concentration limits in table 6.3 apply to solids and liquids (w/w units)\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 570\n2 Table 6.3 replaces table 3.7.1 in:\n(a) the GHS, p 187; and\n(b) the GHS 3, p 180.\nTable 6.4 Classification of mixtures containing specific target organ\ntoxicants (single exposure)\nclassified as a specific target organ toxicant that would trigger\nclassification of the mixture.\nCategory 1 Category 2\n1 Category 1 specific target\nconcentration ≥ 10% 1.0% ≤ concentration\n< 10%\n2 Category 2 specific target\nconcentration ≥ 10%\nNotes for table 6.4\n1 The concentration limits in table 6.4 apply to solids and liquids (w/w units)\n2 Table 6.4 replaces table 3.8.2 in:\n(a) the GHS, p 197; and\n(b) the GHS 3, p 192.\nTable 6.5 Classification of mixtures containing specific target organ\ntoxicants (repeated exposure)\nclassified as a specific target organ toxicant that would trigger\nclassification of the mixture.\nCategory 1 Category 2\n1 Category 1 specific target\nconcentration ≥ 10% 1.0% ≤ concentration\n< 10%\n2 Category 2 specific target\nconcentration ≥ 10%\nNotes for table 6.5\n1 The concentration limits in table 6.5 apply to solids and liquids (w/w units)\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 571\n2 Table 6.5 replaces table 3.9.3 in:\n(a) the GHS, p 207; and\n(b) the GHS 3, p 203.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 572\nregulations 330 and 331\n1 Safety data sheets – content\n(1) A safety data sheet for a hazardous chemical must:\n(a) contain unit measures expressed in Australian legal units of\nmeasurement under the National Measurement Act 1960\n(Cth); and\n(b) state the date it was last reviewed or, if it has not been\nreviewed, the date it was prepared; and\n(c) state the name, and the Australian address and business\ntelephone number of:\n(ii) the importer; and\n(d) state an Australian business telephone number from which\ninformation about the chemical can be obtained in an\n(e) be in English.\n(2) A safety data sheet for a hazardous chemical must state the\nfollowing information about the chemical:\n(a) Section 1: Identification;\n(b) Section 2: Hazard(s) identification;\n(c) Section 3: Composition and information on ingredients, in\naccordance with Schedule 8;\n(d) Section 4: First aid measures;\n(e) Section 5: Firefighting measures;\n(f) Section 6: Accidental release measures;\n(g) Section 7: Handling and storage;\n(h) Section 8: Exposure controls and personal protection;\n(i) Section 9: Physical and chemical properties;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 573\n(j) Section 10: Stability and reactivity;\n(k) Section 11: Toxicological information;\n(l) Section 12: Ecological information;\n(m) Section 13: Disposal considerations;\n(n) Section 14: Transport information;\n(o) Section 15: Regulatory information;\n(p) Section 16: Any other relevant information.\n(3) The safety data sheet must use the headings and be set out in the\norder set out in subclause (2).\n(4) The safety data sheet must be in English.\nNote for clause 1\nRegulations 330 and 331 provide that clause 2 will apply instead of clause 1 in\ncertain cases.\n2 Safety data sheets – research chemical, waste product or\nsample for analysis\nFor the purposes of regulation 331, a safety data sheet for a\nhazardous chemical that is a research chemical, waste product or\nsample for analysis must:\n(a) be in English; and\n(b) state the name, Australian address and business telephone\n(ii) the importer; and\n(c) state that full identification or hazard information is not\navailable for the chemical, and in the absence of full\nidentification or hazard information, a precautionary approach\nmust be taken by a person using, handling or storing the\n(d) state the chemical identity or structure of the chemical or\nchemical composition, as far as is reasonably practicable; and\n(e) state any known or suspected hazards; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 574\n(f) state any precautions that a person using, handling or storing\nthe chemical must take to the extent that the precautions have\nbeen identified.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 575\nSchedule 7, clause 1(2)(c)\nThis Schedule sets out the way in which the ingredients of a\nhazardous chemical must be disclosed in Section 3 of a safety data\nsheet prepared under these Regulations.\n2 Identity of ingredients to be disclosed\n(1) This clause applies if an ingredient in a hazardous chemical causes\nthe correct classification of the chemical to include a hazard class\nand hazard category referred to in table 8.1.\n(2) The identity of the ingredient must be disclosed in English on the\nlabel and safety data sheet of the hazardous chemical.\nTable 8.1\nItem\nGHS hazard class\nGHS hazard category\n1 Acute toxicity – oral Category 1\n2 Acute toxicity – dermal Category 1\n3 Acute toxicity – inhalation Category 1\n4 Respiratory sensitiser Category 1\n5 Skin sensitiser Category 1\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 576\nItem\nGHS hazard class\nGHS hazard category\n6 Mutagenicity Category 1A\n7 Carcinogenicity Category 1A\n8 Toxic to reproduction Category 1A\nAdditional category for\neffects on or via lactation\n9 Target organ toxicity – single\nexposure\n10 Target organ toxicity – repeat\nexposure\n11 Aspiration hazards Category 1\n12 Skin corrosion or irritation Category 1A\nCategory 1C\n13 Serious eye damage or eye irritation Category 1\n3 Generic names used to disclose identity of ingredients\n(1) This clause applies if an ingredient of a hazardous chemical must\nbe disclosed under clause 2.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 577\n(2) The ingredient:\n(a) may be disclosed by its generic name if:\n(i) the ingredient causes the correct classification of the\nhazardous chemical to include a hazard class and\nhazard category referred to in table 8.2; and\n(ii) the ingredient does not cause the correct classification of\nthe hazardous chemical to include any other hazard\nclass and hazard category in table 8.1; and\n(iii) the identity of the ingredient is commercially confidential;\nand\n(iv) an exposure standard for the ingredient has not been\nestablished; or\n(b) in any other case – must be disclosed by its chemical identity.\nTable 8.2\nItem\nHazard class and hazard category\n1 Acute toxicity (category 4)\n2 Aspiration hazard (category 1)\n3 Serious eye damage or eye irritation (category 2))\n4 Skin corrosion or irritation (category 2)\n5 Specific target organ toxicity (single exposure) (category 3)\n4 Disclosing proportions of ingredients\n(1) This clause applies if an ingredient of a hazardous chemical must\nbe disclosed under clause 2.\n(2) The proportion of the ingredient to the hazardous chemical must be\ndisclosed:\n(a) if the exact proportion of the ingredient is not commercially\nconfidential – as the exact proportion of the chemical,\nexpressed as a percentage by weight or volume; or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 578\n(b) if the exact proportion of the ingredient is commercially\nconfidential – as one of the following ranges within which the\nexact proportion fits, expressed as a percentage by weight or\nvolume:\n(i) <10%;\n(ii) 10 – 30%;\n(iii) 30 – 60%;\n(iv) > 60%;\n(v) a range that is narrower than the range set out in\nsubparagraph (i), (ii), (iii) or (iv).\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 579\nSchedule 9 Classification, packaging and labelling\nregulations 329, 334 and 335\nPart 1 Correct classification\n1 Correct classification of a substance, mixture or article\n(1) A substance or mixture (other than a research chemical, sample for\nanalysis or waste product) is correctly classified if a determination\nis made about whether the substance or mixture can be classified\ninto a hazard class under the GHS including a mixture classification\nreferred to in Schedule 6.\nNote for subclause (1)\n(2) A substance or mixture that is a research chemical, sample for\nanalysis or waste product is correctly classified if, so far as is\nreasonably practicable having regard to the known or suspected\nproperties of the substance or mixture:\n(a) a determination is made about the identity of the substance or\nmixture; and\n(b) a determination is made about whether the substance or\nmixture can be classified into a hazard class under the GHS.\n(3) An article that contains a substance or mixture that may be\nreleased during the use, handling or storage of the article is\ncorrectly classified if the substance or mixture is correctly classified.\nPart 2 Correct packing\n2 Correctly packing hazardous chemicals\n(1) A hazardous chemical is correctly packed if the chemical is packed\nin a container that:\n(a) is in sound condition; and\n(b) will safely contain the chemical for the time the chemical is\nlikely to be packed; and\n(c) is made of material that is compatible with, and will not be\nadversely affected by, the chemical; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 580\n(d) does not usually contain food or beverages and cannot be\nmistakenly identified as containing food or beverages.\n(2) Despite subclause (1), a hazardous chemical supplied by a retailer\nto a person, in a container provided by the person, is only correctly\npacked if:\n(a) for a hazardous chemical with a classification that includes\nflammable gases or gases under pressure – the container:\n(i) has a capacity less than the capacity stated for a\nhazardous chemical stored in bulk; and\n(ii) complies with the ADG Code; or\n(b) in any other case – the container:\n(i) has a capacity that does not exceed the capacity stated\nfor a hazardous chemical stored in bulk; and\n(ii) is clearly marked with the product identifier or chemical\nidentity; and\n(iii) complies with subclause (1)(a) to (d).\nPart 3 Correct labelling\nNote for Part 3\nMore than one clause of this Part may apply to a hazardous chemical depending\non the nature of the hazardous chemical, its container and other matters.\n3 Labelling hazardous chemicals – general\n(1) A hazardous chemical is correctly labelled if the chemical is packed\nin a container that has a label in English including the following:\n(c) for each ingredient of the chemical – the identity and\nproportion disclosed in accordance with Schedule 8;\n(d) any hazard pictogram consistent with the correct classification\nof the chemical;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 581\n(e) any hazard statement, signal word and precautionary\nstatement consistent with the correct classification of the\nchemical;\n(f) any information about the hazards, first aid and emergency\nprocedures relevant to the chemical, not otherwise included in\nthe hazard statement or precautionary statement referred to in\nparagraph (e);\n(g) if the chemical has an expiry date – the expiry date.\n(2) The label may include any other information that does not\ncontradict or cast doubt on the matters referred to in subclause (1).\n(3) This clause is subject to clauses 4 to 10 of this Schedule.\n4 Labelling hazardous chemicals – small container\n(1) This clause applies if a hazardous chemical is packed in a\ncontainer that is too small for a label attached to it to include all the\ninformation referred to in clause 3(1).\n(c) a hazard pictogram or hazard statement consistent with the\ncorrect classification of the chemical;\n(d) any other information referred to in clause 3(1) that it is\nreasonably practicable to include.\n5 Labelling hazardous chemicals – research chemicals or\nsamples for analysis\n(1) This clause applies to a hazardous chemical that is a research\nchemical or sample for analysis.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 582\n6 Labelling hazardous chemicals – decanted or transferred\n(1) This clause applies if:\n(a) a hazardous chemical is decanted or transferred from the\ncontainer in which it is packed; and\n(i) will not be used immediately; or\n(ii) is supplied to someone else.\n7 Labelling hazardous chemicals – known hazards\n(1) This clause applies to a hazardous chemical if:\n(a) the chemical is not being supplied to another workplace; and\n(b) the hazards relating to the chemical are known to the workers\ninvolved in using, handling or storing the chemical.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 583\n8 Labelling hazardous chemicals – waste products\n(1) This clause applies to a waste product if it is reasonably likely that\nthe waste product is a hazardous chemical.\n(2) The waste product is correctly labelled if it is packed in a container\nthat has a label in English including the following for the hazardous\nchemical:\n(c) a hazard pictogram and hazard statement consistent with the\n9 Labelling hazardous chemicals – explosives\n(1) This clause applies to a hazardous chemical that may be classified\nin the explosives hazard class.\npacked in a container that has a label in English that:\n(a) complies with the Australian Code for the Transport of\nExplosives by Road and Rail; and\n(b) includes the following:\n(i) the proper shipping name and UN number;\n(ii) any hazard pictogram consistent with the correct\n(iii) any hazard statement consistent with the correct\n(iv) any precautionary statement consistent with the correct\nhazards.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 584\n10 Labelling hazardous chemicals – agricultural and veterinary\n(1) A hazardous chemical that is an agricultural or veterinary chemical\nis correctly labelled if:\n(a) the chemical is labelled in accordance with the requirements\nof the Australian Pesticides and Veterinary Medicines\nAuthority; and\n(b) the label is in English and includes the following:\n(i) any hazard statement consistent with the correct\nclassification of the chemical;\n(ii) any precautionary statement consistent with the correct\nclassification of the chemical.\n(2) In this clause, agricultural or veterinary chemical means an\nagricultural chemical product or veterinary chemical product under\nthe Agricultural and Veterinary Chemicals Code Act 1994 (Cth).\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 585\nSchedule 10 Prohibited carcinogens, restricted carcinogens\nand restricted hazardous chemicals\nregulations 340 and 380 to 384\nNote for Schedule 10\nThe prohibition of the use of carcinogens listed in table 10.1, column 2 and the\nrestriction of the use of carcinogens listed in table 10.2, column 2 apply to the\npure substance and where the substance is present in a mixture at a\nconcentration greater than 0.1%, unless otherwise specified.\nTable 10.1 Prohibited carcinogens\nItem\nProhibited carcinogen [CAS number]\n1 2-Acetylaminofluorene [53-96-3]\n2 Aflatoxins\n3 4-Aminodiphenyl [92-67-1]\n4 Benzidine [92-87-5] and its salts (including benzidine\ndihydrochloride [531-85-1])\n5 bis(Chloromethyl) ether [542-88-1]\n6 Chloromethyl methyl ether [107-30-2] (technical grade which\ncontains bis(chloromethyl) ether)\n7 4-Dimethylaminoazobenzene [60-11-7] (Dimethyl Yellow)\n8 2-Naphthylamine [91-59-8] and its salts\n9 4-Nitrodiphenyl [92-93-3]\nTable 10.2 Restricted carcinogens\nItem\nRestricted carcinogen\n[CAS Number]\n1 Acrylonitrile [107-13-1] All\n2 Benzene [71-43-2] All uses involving benzene as a\nfeedstock containing more than\n50% of benzene by volume\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 586\nItem\nRestricted carcinogen\n[CAS Number]\n3 Cyclophosphamide\n[50-18-0]\nWhen used in preparation for\ntherapeutic use in hospitals and\noncological treatment facilities, and\nin manufacturing operations\n4 3,3'-Dichlorobenzidine\n[91-94-1] and its salts\n(including\n3,3'-Dichlorobenzidine\ndihydrochloride [612-83-9])\nAll\n5 Diethyl sulfate [64-67-5] All\n6 Dimethyl sulfate [77-78-1] All\n7 Ethylene dibromide\n[106-93-4]\nWhen used as a fumigant\n8 4,4'-Methylene\nbis(2-chloroaniline)\n[101-14-4] MOCA\nAll\n9 3-Propiolactone [57-57-8]\n(Beta-propiolactone)\nAll\n10 o-Toluidine [95-53-4] and\no-Toluidine hydrochloride\n[636-21-5]\nAll\n11 Vinyl chloride monomer\n[75-01-4]\nAll\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 587\nTable 10.3 Restricted hazardous chemicals\nItem\nRestricted hazardous\n1 Antimony and its compounds For abrasive blasting at a\nas antimony\n2 Arsenic and its compounds For abrasive blasting at a\nas arsenic\n3 Benzene (benzol), if the\nsubstance contains more than\n1% by volume\n4 Beryllium and its compounds For abrasive blasting at a\nas beryllium\n5 Cadmium and its compounds For abrasive blasting at a\nas cadmium\n6 Carbon disulphide (carbon\nbisulphide)\n7 Chromate For wet abrasive blasting\n8 Chromium and its compounds For abrasive blasting at a\nconcentration of greater than 0.5%\n(except as specified for wet\nblasting) as chromium\n9 Cobalt and its compounds For abrasive blasting at a\nas cobalt\n10 Free silica (crystalline silicon\ndioxide)\nFor abrasive blasting at a\nconcentration of greater than 1%\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 588\nItem\nRestricted hazardous\n11 Lead and compounds For abrasive blasting at a\nas lead or which would expose the\noperator to levels in excess of\nthose set in the regulations\ncovering lead\n12 Lead carbonate For spray painting\n13 Methanol (methyl alcohol), if the\nsubstance contains more than\n1% by volume\n14 Nickel and its compounds For abrasive blasting at a\nas nickel\n15 Nitrates For wet abrasive blasting\n16 Nitrites For wet abrasive blasting\n17 Radioactive substance of any\nkind where the level of radiation\nexceeds 1 Bq/g\nFor abrasive blasting, so far as is\nreasonably practicable\n18 Tetrachloroethane For spray painting\n19 Tetrachloromethane (carbon\ntetrachloride)\n20 Tin and its compounds For abrasive blasting at a\nas tin\n21 Tributyl tin For spray painting\nNote for table 10.3\nRegulation 382 deals with polychlorinated biphenyls (PCBs).\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 589\nregulations 347 to 350, 361, 390 and 391\nTable 11.1\n1 Flammable\ngases\nCategory 1A, category 1B\nor any combination of\ncategories 1A and 1B\n200 L 5 000 L\n2 Gases under\npressure\nWith acute toxicity,\ncategories 1, 2, 3 or 4\n50 L 500 L\n3 With skin corrosion\ncategories 1A, 1B or 1C\n50 L 500 L\n4 Not specified elsewhere in\nthis Table\n1 000 L 10 000 L\n5 Flammable\nliquids\nCategory 1 50 L 500 L\n6 Category 2 250 L 2 500 L\n7 Category 3 1 000 L 10 000 L\n8 Any combination of\nchemicals from items 5 to\n7 where none of the items\nexceeds the quantities in\ncolumns 4 or 5 on their\nown\n1 000 L 10 000 L\n9 Category 4 10 000 L 100 000 L\n10 Self-reactive\nType A 5 kg or 5 L 50 kg or\n50 L\n11 Type B 50 kg or 50 L 500 kg or\n12 Type C to F 250 kg or\n13 Flammable\nCategory 1 250 kg 2 500 kg\n14 Category 2 1 000 kg 10 000 kg\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 590\n15 Any combination of\nchemicals from items 11\nto 14 where none of the\nor\n16 Pyrophoric\nliquids and\npyrophoric\n17 Self-heating\nand mixtures\nCategory 1 250 kg or\n18 Category 2 1 000 kg or\nor\n19 Any combination of\nchemicals from items 16\nto 18 where none of the\nor\n20 Substances\nwhich in\ncontact with\nwater emit\nflammable\ngas\n21 Category 2 250 kg or\n22 Category 3 1 000 kg or\nor\n23 Any combination of\nchemicals from items 20\nto 22 where none of the\nor\n24 Oxidising\nliquids and\noxidising\n25 Category 2 250 kg or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 591\n26 Category 3 1 000 kg or\nor\n27 Any combination of\nchemicals from items 24\nto 26 where none of the\nor\n28 Organic\nperoxides\nType A 5 kg or 5 L 50 kg or\n50 L\n29 Type B 50 kg or 50 L 500 kg or\n30 Type C to F 250 kg or\n31 Any combination of\nchemicals from items 29\nand 30 where none of the\n250 kg or\n32 Acute toxicity Category 1 50 kg or 50 L 500 kg or\n33 Category 2 250 kg or\n34 Category 3 1 000 kg or\nor\n35 Any combination of\nchemicals from items 32\nto 34 where none of the\nor\n36 Skin\ncorrosion\nCategory 1A 50 kg or 50 L 500 kg or\n37 Category 1B 250 kg or\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 592\n38 Category 1C 1 000 kg or\nor\n39 Corrosive to\nmetals\nCategory 1 1 000 kg or\nor\n40 Any combination of\nchemicals from items 36\nto 39 where none of the\nor\n41 Unstable\nexplosives\n5 kg or 5 L 50 kg or\n50 L\n42 Unstable\nAny combination of\nchemicals from items 10,\n28 and 41 where none of\nthe items exceeds the\n5 kg or 5 L 50 kg or\n50 L\n43 Aerosols Category 1, category 2,\ncategory 3 or any\ncombination of categories\n1, 2 and 3\n5 000 L 10 000 L\nNotes for table 11.1\n1 In item 2, gases under pressure with acute toxicity, category 4 only applies\nup to a LC50 of 5000 ppmV. This is equivalent to dangerous goods of\nDivision 2.3.\n2 Item 43 includes flammable aerosols.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 593\n1 Determination of classification of flammable liquids\nFor the purposes of this table, if a flammable liquid category 4 is\nused, handled or stored in the same spill compound as one or more\nflammable liquids of categories 1, 2 or 3, the total quantity of\nflammable liquids categories 1, 2 or 3 must be determined as if the\nflammable liquid category 4 had the same classification as the\nflammable liquid in the spill compound with the lowest flash point.\nExample for clause 1\nFor placarding and manifest purposes, a spill compound containing 1000 L of\nflammable liquid category 1 and 1 000 L of flammable liquid category 4 is\nconsidered to contain 2 000 L of flammable liquid category 1.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 594\nregulation 347(2)\n1 Manifest – general information\nThe manifest of hazardous chemicals must include:\n(a) the name of the person conducting the business or\nundertaking; and\n(b) the address of the workplace; and\n(c) the date the manifest was last amended or, if it has not been\namended, the date it was prepared; and\n(d) business hours and after hours telephone numbers for at least\n2 persons who may be contacted if there is a notifiable\nincident at the workplace.\n2 Manifest – bulk storage and containers\n(1) This clause applies if a hazardous chemical is stored at a\nworkplace in bulk or in a container.\n(2) For each hazardous chemical stored in bulk other than in a\ncontainer, the manifest of hazardous chemicals must include:\n(a) the name of the chemical; and\n(b) the quantity of the chemical stored.\n(3) For each container storing the hazardous chemical, the manifest of\nhazardous chemicals must include:\n(a) the identification number or code of the container; and\n(b) the type and capacity of the container; and\n(c) for a fixed vertical tank used to store fire risk hazardous\nchemicals – the diameter of the tank.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 595\n3 Manifest – identification of hazardous chemical\nThe manifest of hazardous chemicals must include:\n(a) for a hazardous chemical, other than a flammable liquid\ncategory 4, unstable explosive, organic peroxide type A or\nself-reactive substance type A:\n(i) the proper shipping name as stated in Table 3.2.3 of the\nADG Code for the chemical; and\n(ii) the UN number as stated in Table 3.2.3 of the ADG\nCode for the hazardous chemical; and\n(iii) the class and division of the hazardous chemical as\nstated in Table 3.2.3 of the ADG Code; and\n(b) for a flammable liquid category 4:\n(i) the product identifier; and\n(ii) the words \"combustible liquid\"; and\n(c) for an unstable explosive, organic peroxide type A or\nself-reactive substance type A:\n(i) the name of the hazardous chemical stated in the ADG\nCode, Appendix A; and\n(ii) the words \"goods too dangerous to be transported\".\n4 Manifest – storage area for packaged hazardous chemicals\n(1) This clause applies if:\n(a) a storage area:\n(i) contains, or is likely to contain, a packaged hazardous\nchemical, or a hazardous chemical in an IBC; and\n(ii) is required under these Regulations to have a placard;\nand\n(b) the hazardous chemicals are dangerous goods under the\nADG Code.\n(2) The manifest of hazardous chemicals must include:\n(a) the identification number or code for the storage area; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 596\n(b) for hazardous chemicals with an assigned class specified in\nTable 3.2.3 of the ADG Code – the largest quantity of each\nclass of hazardous chemicals likely to be kept in the storage\narea; and\n(c) for the specified hazardous chemicals that are likely to be kept\nin the storage area:\n(i) the proper shipping name of the hazardous chemical as\nspecified in Table 3.2.3 of the ADG Code; and\n(ii) the class to which the hazardous chemical is assigned\nas specified in Table 3.2.3 of the ADG Code; and\n(iii) the largest quantity of the hazardous chemical likely to\nbe kept in the storage area; and\n(d) for an unstable explosive, organic peroxide type A or\nself-reactive substance type A that is likely to be kept in the\nstorage area:\n(i) the name of the hazardous chemical; and\n(ii) the words \"goods too dangerous to be transported\"; and\n(iii) the largest quantity of the hazardous chemical likely to\nbe kept in the storage area; and\n(e) for hazardous chemicals with an assigned class specified in\nTable 3.2.3 of the ADG Code – the class to which the\nhazardous chemical is assigned; and\n(f) for flammable liquids category 4 – the words \"combustible\nliquid\".\n(3) In this clause:\nspecified hazardous chemicals means any of the following:\n(a) flammable liquid category 1;\n(b) self-reactive substances type B;\n(c) substances which in contact with water emit flammable gas\ncategory 1;\n(d) pyrophoric liquids category 1;\n(e) pyrophoric solids category 1;\n(f) organic peroxides type B;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 597\n(g) acute toxicity category 1;\n(h) oxidising solids category 1;\n(i) oxidising liquids category 1;\n(j) skin corrosion category 1A;\n(k) gases under pressure with acute toxicity categories 1, 2 or 3\nor skin corrosion categories 1A, 1B or 1C.\n5 Manifest – hazardous chemicals being manufactured\nFor each area in which hazardous chemicals are manufactured, the\nmanifest must include:\n(a) the identification number or code of the area; and\n(b) a description of the hazardous chemicals manufactured in the\narea; and\n(c) the average and largest quantity of each hazardous chemical\nlikely to be manufactured in the area.\n6 Manifest – hazardous chemicals in transit\n(1) This clause applies to hazardous chemicals at a workplace if the\nhazardous chemicals are:\n(a) dangerous goods under the ADG Code in transit at the\n(b) accompanied by dangerous goods transport documents (the\ntransport documents) in relation to the hazardous chemicals\nthat comply with the ADG Code.\n(2) The person conducting a business or undertaking at the workplace\nis taken to comply with clauses 4 and 5 in relation to the hazardous\nchemicals if the manifest includes a compilation of the transport\ndocuments.\n7 Manifest – plan of workplace\nThe manifest of hazardous chemicals at a workplace must include a\nscale plan of the workplace that:\n(a) shows the location of:\n(i) containers and other storage of hazardous chemicals in\nbulk; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 598\n(ii) storage areas for packaged hazardous chemicals and\nIBCs; and\n(iii) each area where hazardous chemicals are\nmanufactured or generated; and\n(b) includes a description in words of the location of:\n(i) the things referred to in paragraph (a); and\n(ii) hazardous chemicals in transit; and\n(c) provides the identification number or code, and a legend for\nthe identification numbers and codes, for the things referred to\nin paragraph (a); and\n(d) shows the location of:\n(i) the main entrance and other places of entry to and exit\nfrom the workplace; and\n(ii) essential site services, including fire services and\nisolation points for fuel and power; and\n(iii) all drains on the site; and\n(iv) the manifest; and\n(e) includes the direction of true north; and\n(f) describes the nature of the occupancy of adjoining sites or\npremises.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 599\nregulations 349(2) and 350(2)\n1 Displaying placards\nin relation to a hazardous chemical.\n(2) The person must ensure that the placard is:\n(a) clearly legible by persons approaching the placard; and\n(b) separate from any other sign or writing that contradicts,\nqualifies or distracts attention from the placard; and\n(c) if a placard quantity of the hazardous chemical is contained in\na building:\n(i) located as close as is reasonably practicable to the main\nentrance of the building; and\n(ii) located at the entrance to each room or walled section of\nthe building in which the hazardous chemical is used,\nhandled or stored; and\n(d) if the hazardous chemical is contained in a container or\noutside storage area – located next to the container or outside\nstorage area; and\n(e) for a placard to which clause 3 applies – located at each\nentrance to the workplace where an emergency service\norganisation may enter the workplace; and\n(f) for a placard to which clause 4 applies – located on or next to\neach container or storage area in which the hazardous\nchemicals are stored; and\n(g) for a placard to which clause 6 applies – located at each\nentrance to a storage area in which the hazardous chemicals\nare stored.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 600\n2 Maintaining placards\nA person who is required to display a placard must:\n(a) amend the placard as soon as practicable if:\n(i) the type or quantity of hazardous chemical used,\nhandled or stored at the workplace changes; and\n(ii) the change requires the information displayed on the\nplacard to be amended; and\n(b) ensure that the placard is:\n(i) kept clean; and\n(ii) maintained in good repair; and\n(iii) not covered or obscured.\n3 Outer warning placards – requirements\nundertaking at a workplace must display an outer warning placard\nat the workplace in relation to a hazardous chemical.\nNote for subclause (1)\nRegulation 349 sets out when an outer warning placard is required, and states\nthat it is not required for retail fuel outlets.\n(2) The outer warning placard must:\n(a) comply with the form shown in figure 13.1; and\n(b) display the word \"HAZCHEM\" in red letters on a white or silver\nbackground.\nFigure 13.1 Form and dimensions of outer warning placard\n(3) In this clause:\nred means the colour \"signal red\" in accordance with\nAS 2700S-2011 (R13) (Colour standards for general purposes –\nsignal red).\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 601\n4 Placards for particular hazardous chemicals stored in bulk\nin relation to the storage in bulk of any of the following hazardous\nchemicals:\n(a) gases under pressure, including flammable gases and\nflammable aerosols;\n(b) flammable liquids category 1, 2 or 3;\n(c) flammable solids category 1 or 2, self-reactive substances\ntypes B to F, self heating substances category 1 or 2 or\nsubstances that, in contact with water, emit flammable gases;\n(d) organic peroxides types B to F, oxidising solids and oxidising\nliquids category 1, 2 or 3;\n(e) acute toxicity category 1, 2 or 3;\n(f) skin corrosion category 1A, 1B or 1C and corrosive to metals\ncategory 1.\n(a) comply with the template in figure 13.2; and\n(b) subject to subclause (4)(b) and (c), have dimensions not less\nthan those shown in figure 13.2.\n(3) The placard must include the following in figure 13.2 for the\nhazardous chemical:\n(a) in space (p) – the proper shipping name for the hazardous\nchemical as specified in Table 3.2.3 of the ADG Code;\n(b) in space (q) – the UN Number for the hazardous chemical as\nspecified in Table 3.2.3 of the ADG Code;\n(c) in space (r) – the Hazchem Code for the hazardous chemical\nas specified in Table 3.2.3 of the ADG Code;\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 602\n(d) in space (s) – the class label and subsidiary risk label for the\nhazardous chemical as specified in Table 3.2.3 of the ADG\nCode.\nFigure 13.2 Template for a placard for a hazardous chemical\nstored in bulk\n(4) For subclause (3)(a) to (c), the numerals and letters used for\nshowing the proper shipping name, UN number and Hazchem\nCode must be:\n(a) black on a white background, unless a letter of the Hazchem\nCode is white on a black background; and\n(b) if the proper shipping name requires a single line only – at\nleast 100 mm high; and\n(c) if the proper shipping name requires 2 lines – at least 50 mm\nhigh.\n(5) For subclause (3)(d):\n(a) the class label and subsidiary risk label (if any) must have the\nform and colouring stated in the ADG Code for the hazardous\n(b) the class label must have:\n(i) if there is a subsidiary risk label – sides not less than\n200 mm; or\n(ii) in any other case – sides of not less than 250 mm; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 603\n(c) if there is a subsidiary risk label – the subsidiary risk label\nmust have sides of not less than 150 mm; and\n(d) if there are 2 or more subsidiary risk labels – the width of the\nright-hand part of the placard may be extended.\n5 Placards for unstable explosives, organic peroxides type A or\nself-reactive substances type A stored in bulk\nin relation to unstable explosives, organic peroxides type A or\nself-reactive substances type A that are stored in bulk.\n(a) comply with the form in figure 13.2; and\n(b) have dimensions not less than those shown in figure 13.2.\n(3) The placard must include the following, as indicated in figure 13.2,\nfor the hazardous chemical:\n(a) in space (p) – the name stated in the ADG Code for the\nhazardous chemical;\n(b) in space (q) – the space left blank;\n(c) in space (r) – the space left blank;\n(d) in space (s) – the label in figure 13.3.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 604\nFigure 13.3 Label for unstable explosive, organic peroxide\ntype A or self reactive substance type A\n(4) For subclause (3)(a), the letters used for showing the name must\nbe:\n(a) black on a white background; and\n(b) if the name requires a single line only – at least 100 mm high;\nand\n(c) if the name requires 2 lines – at least 50 mm high.\n(5) For subclause (3)(d), the label must have sides of not less than\n250 mm.\n6 Placards for packaged Schedule 11 hazardous chemicals\n(other than flammable liquids category 4) and IBCs\nin relation to the storage of:\n(a) packaged Schedule 11 hazardous chemicals (other than\nflammable liquids category 4); or\n(b) a Schedule 11 hazardous chemical in an IBC.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 605\n(a) be in the form shown in figure 13.4; and\n(b) be of sufficient size to accommodate the labels to be included\non the placard; and\n(c) have a white or silver background; and\n(d) include each required class label:\n(i) in the form and colouring stated in the ADG Code for the\nhazardous chemical; and\n(ii) with sides not less than 100 mm.\n(3) The placard must include the following:\n(a) for a Schedule 11 hazardous chemical (other than unstable\nexplosive, organic peroxide type A, self-reactive substance\ntype A) present in a storage area at the workplace – the class\nlabel as stated in the ADG Code for each category of\nhazardous chemicals present in at least the placard quantity;\nor\n(b) for a flammable liquid category 4 stored with flammable liquids\nin a storage area at the workplace – a class 3 class label as\nstated in the ADG Code; or\n(c) for an unstable explosive, organic peroxide type A or\nself-reactive substance type A – the label in figure 13.3.\nFigure 13.4 General form of placard for packaged Schedule 11\nhazardous chemicals\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 606\n(4) If hazardous chemicals in an IBC at the workplace are Schedule 11\nhazardous chemicals intended for transport, and not intended for\nuse at the workplace:\n(a) the IBC must display a placard in accordance with the ADG\nCode; and\n(b) the storage area at the workplace must display a placard in\naccordance with this clause.\n7 Placards for flammable liquids category 4 packaged or in bulk\nin relation to the storage of:\n(a) a packaged flammable liquid category 4; or\n(b) a flammable liquid category 4 in bulk.\n(a) be in the form shown in figure 13.5; and\n(b) have dimensions not less than those shown in figure 13.5; and\n(c) have black letters on a white or silver background.\nFigure 13.5 Placard for flammable liquid category 4\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 607\nregulations 368, 370 and 406\nTable 14.1 Hazardous chemicals (other than lead) requiring health\nmonitoring\nItem\n1 Acrylonitrile Demographic, medical and occupational\n2 Arsenic (inorganic) Demographic, medical and occupational\nperipheral nervous system and skin\nUrinary inorganic arsenic\n3 Benzene Demographic, medical and occupational\nBaseline blood sample for haematological\nprofile\n4 Cadmium Demographic, medical and occupational\nrespiratory system\nStandard respiratory questionnaire to be\ncompleted\nStandardised respiratory function tests\nincluding for example, FEV 1, FVC and\nFEV 1/FVC\nUrinary cadmium and β2–microglobulin\nHealth advice, including counselling on the\neffect of smoking on cadmium exposure\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 608\nItem\n5 Chromium (inorganic) Demographic, medical and occupational\nrespiratory system and skin\nWeekly skin inspection of hands and\nforearms by a competent person\n6 Creosote Demographic, medical and occupational\nHealth advice, including recognition of\nphotosensitivity and skin changes\nneurological system and skin, noting any\nabnormal lesions and evidence of skin\nsensitisation\nRecords of personal exposure, including\nphotosensitivity\n7 Crystalline silica Demographic, medical and occupational\nStandardised respiratory questionnaire to\nbe completed\nStandardised respiratory function test, for\nexample, FEV 1, FVC and FEV 1/FVC\nChest X-ray full size PA view\n8 Isocyanates Demographic, medical and occupational\nCompletion of a standardised respiratory\nquestionnaire\nPhysical examination of the respiratory\nsystem and skin\nStandardised respiratory function tests, for\nexample, FEV 1, FVC and FEV 1/FVC\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 609\nItem\n9 Mercury (inorganic) Demographic, medical and occupational\nPhysical examination with emphasis on\ndermatological, gastrointestinal,\nneurological and renal systems\nUrinary inorganic mercury\n10 4,4'-Methylene bis\n(2 chloroaniline)\n(MOCA)\nUrinary total MOCA\nDipstick analysis of urine for haematuria\nUrine cytology\n11 Organophosphate\npesticides\nhistory including pattern of use\nBaseline estimation of red cell and plasma\ncholinesterase activity levels by the Ellman\nor equivalent method\nEstimation of red cell and plasma\ncholinesterase activity towards the end of\nthe working day on which organophosphate\npesticides have been used\n12 Pentachlorophenol\n(PCP)\nskin, noting any abnormal lesions or effects\nof irritancy\nUrinary total pentachlorophenol\nDipstick urinalysis for haematuria and\nproteinuria\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 610\nItem\n13 Polycyclic aromatic\nhydrocarbons (PAH)\nRecords of personal exposure, including\nphotosensitivity\nHealth advice, including recognition of\nphotosensitivity and skin changes\n14 Thallium Demographic, medical and occupational\nUrinary thallium\n15 Vinyl chloride Demographic, medical and occupational\nTable 14.2 Lead requiring health monitoring\nItem\nLead\n1 Lead (inorganic) Demographic, medical and occupational\nBiological monitoring\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 611\nSchedule 15 Hazardous chemicals at major hazard facilities\n(and their threshold quantity)\nChapter 9\n1 Definitions\nIn this Schedule:\nClass has the same meaning as in the ADG Code.\nDivision has the same meaning as in the ADG Code.\nPacking Group has the same meaning as in the ADG Code.\nsubsidiary risk has the same meaning as in the ADG Code.\n2 Relevant hazardous chemicals\nThe hazardous chemicals that characterise a workplace as a facility\nfor the purposes of these Regulations are the chemicals specifically\nreferred to in table 15.1 and chemicals that belong to the types,\nclasses and categories referred to in table 15.2.\n3 Threshold quantity of one hazardous chemical\n(1) In relation to each hazardous chemical referred to in clause 2,\ncolumn 3 of Tables 15.1 and 15.2 provides a quantity that is\ndescribed as the \"threshold quantity\" of that chemical.\n(2) If a hazardous chemical is referred to in table 15.1, the threshold\nquantity of the chemical is that described in table 15.1, whether or\nnot the chemical also belongs to a type, class or category referred\nto in table 15.2.\n(3) If a hazardous chemical is not referred to in table 15.1, and the\nchemical belongs to a type, class or category referred to in\ntable 15.2, the threshold quantity of that chemical is that of the\ntype, class or category to which it belongs.\n(4) If a hazardous chemical is not referred to in table 15.1, and the\nchemical appears to belong to more than one of the types, classes\nor categories referred to in table 15.2, the threshold quantity of\nthat chemical is that of the relevant type, class or category which\nhas the lower or lowest threshold quantity.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 612\n[ ] Q\nq\n....\nQ\nq\nQ\nq\nn\nn\ny\ny\nx\nx +++\n4 Threshold quantity of more than one hazardous chemical\n(1) If there is more than one hazardous chemical, a threshold quantity\nof chemicals exists where, if a number of chemicals are present,\nthe result of the following aggregation formula exceeds 1:\nwhere:\nx, y, [....] and n are the hazardous chemicals present or likely to be\npresent;\nqx, qy, [....] and qn is the total quantity of hazardous chemicals x, y,\n[....] and n present or likely to be present, other than:\n(a) a hazardous chemical that is present or likely to be present in\nan isolated quantity less than 2% of its threshold quantity;\n(b) hazardous chemicals that are solely the subject of\nintermediate temporary storage, while in transit by road or rail\n(unless it is reasonably foreseeable that, despite the transitory\nnature of the storage, hazardous chemicals are or are likely to\nbe present frequently or in significant quantities);\nQ x, Q y, [....] and Q n is the individual threshold quantity for each\nhazardous chemical x, y, [....] and n.\n(2) A hazardous chemical is present or likely to be present in an\nisolated quantity, for the purposes of definition qx, qy, [....] and qn,\nparagraph (a) if its location at the facility is such that it cannot, on its\nown, act as an initiator of a major incident.\n5 How table 15.1 must be used\n(1) The UN number listed in table 15.1 against the named hazardous\nchemical does not restrict the meaning of the name, which also\napplies to hazardous chemicals that fall outside the UN number.\nExamples for subclause (1)\n1 The hazardous chemicals are too dangerous to be transported.\n2 The hazardous chemicals are part of mixtures covered by a different UN\nnumber.\n(2) Any hazardous chemicals that are covered by the listed UN\nnumbers must be included in the quantity of the chemical named.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 613\n6 How table 15.2 must be used\n(1) The quantities specified for explosives in table 15.2 relate to the\nweight of explosive exclusive of packagings, casings and other\nnon-explosive components.\n(2) If explosives of different hazard divisions are present in the same\narea or storage, all of the explosives must, before table 15.2 is\napplied, be classified in accordance with the following table:\nDivision 1.1 1.2 1.3 1.4 1.5 1.6\n1.1 1.1 1.1 1.1 1.1 1.1 1.1\n1.2 1.1 1.2 1.1 1.2 1.1 1.2\n1.3 1.1 1.1 1.3 1.3 1.1 1.3\n1.4 1.1 1.2 1.3 1.4 1.5 1.6\n1.5 1.1 1.1 1.1 1.5 1.5 1.5\n1.6 1.1 1.2 1.3 1.6 1.5 1.6\nTable 15.1\nItem\n1 ACETONE CYANOHYDRIN 1541 20\n2 ACETYLENE 1001 50\n3 ACROLEIN 1092 200\n4 ACRYLONITRILE 1093 200\n5 ALLYL ALCOHOL 1098 20\n6 ALLYLAMINE 2334 200\n7 AMMONIA, ANHYDROUS, LIQUEFIED or\nAMMONIA SOLUTIONS, relative density\nless than 0.880 at 15°C in water, with more\nthan 50% ammonia\n1005 200\n8 AMMONIUM NITRATE FERTILISERS 2067\n5 000\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 614\nItem\n9 AMMONIUM NITRATE, with not more than\n0.2% combustible substances, including\nany organic substance calculated as\ncarbon, to the exclusion of any other added\nsubstance\n1942 2 500\n10 ARSENIC PENTOXIDE, Arsenic (V) Acid\nand other salts\n1559 10\n11 ARSENIC TRIOXIDE, Arsenious (III) Acid\nand other salts\n1561 0.1\n12 ARSINE 2188 1.0\n13 BROMINE or BROMINE SOLUTIONS 1744 100\n14 CARBON DISULFIDE 1131 200\n15 CHLORINE 1017 25\n16 DIOXINS – 0.1\n17 ETHYL NITRATE – 50\n18 ETHYLENE DIBROMIDE 1605 50\n19 ETHYLENE OXIDE 1040 50\n20 ETHYLENEIMINE 1185 50\n21 FLUORINE 1045 25\n22 FORMALDEHYDE\n(greater than 90%)\n– 50\n23 HYDROFLUORIC ACID SOLUTION\n(greater than 50%)\n1790 50\n24 HYDROGEN 1049 50\n25 HYDROGEN CHLORIDE\n– Anhydrous\n– Refrigerated Liquid\n26 HYDROGEN CYANIDE 1051\n27 HYDROGEN FLUORIDE 1052 50\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 615\nItem\n28 HYDROGEN SULFIDE 1053 50\n29 LP GASES 1011\n30 METHANE or NATURAL GAS 1971\n31 METHYL BROMIDE 1062 200\n32 METHYL ISOCYANATE 2480 0.15\n33 OXIDES OF NITROGEN, including nitrous\noxide, nitrogen dioxide and nitrogen trioxide\n34 OXYGEN 1072\n2 000\n35 PHOSGENE 1076 0.75\n36 PROPYLENE OXIDE 1280 50\n37 PROPYLENEIMINE 1921 200\n38 SODIUM CHLORATE, solid 1495 200\n39 SULFUR DICHLORIDE 1828 1\n40 SULFUR DIOXIDE, LIQUEFIED 1079 200\n41 SULFURIC ANHYDRIDE (Alt. SULFUR\nTRIOXIDE)\n1829 75\n42 TITANIUM TETRACHLORIDE 1838 500\n43 TOLUENE DIISOCYANATE 2078 200\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 616\nTable 15.2\nItem\nHazardous\nDescription\n1 Explosive\nExplosive of Division 1.1A 10\nAll other explosives of Division 1.1 50\nExplosive of Division 1.2 200\nExplosive of Division 1.3 200\n2 Compressed\nand liquefied\ngases\nCompressed or liquefied gases of\nDivision 2.1 or Subsidiary Risk 2.1\nLiquefied gases of Subsidiary Risk 5 200\nCompressed or liquefied gases that meet\nthe criteria for Very Toxic in table 15.3\nCompressed or liquefied gases that meet\nthe criteria for Toxic in table 15.3\n3 Flammable\nLiquids that meet the criteria for Class 3\nPacking Group I Materials (except for crude\noil in remote locations)\nCrude oil in remote locations that meet the\ncriteria for Class 3 Packing Group I\n2 000\nLiquids that meet the criteria for Class 3\nPacking Group II or III\n50 000\nLiquids with flash points <61°C kept above\ntheir boiling points at ambient conditions\nMaterials that meet the criteria for\nDivision 4.1 Packing Group I\nSpontaneously combustible materials that\nmeet the criteria for Division 4.2 Packing\nGroup I or II\nMaterials that liberate flammable gases or\nreact violently on contact with water which\nmeet the criteria for Division 4.3 Packing\nGroup I or II\nMaterials that belong to Classes 3 or 8\nPacking Group I or II which have Hazchem\ncodes of 4WE (materials that react violently\nwith water)\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 617\nItem\nHazardous\nDescription\n4 Oxidising\nOxidising material listed in Appendix A to the\nADG Code\nOxidising materials that meet the criteria for\nDivision 5.1 Packing Group I or II\n5 Peroxides Peroxides that are listed in Appendix A to the\nADG Code\nOrganic Peroxides that meet the criteria for\nDivision 5.2\n6 Toxic solids\nand liquids\nMaterials that meet the criteria for Very Toxic\nin table 15.3 except materials that are\nclassified as Infectious Substances\n(Division 6.2) or as Radioactive (Class 7)\nMaterials that meet the criteria for Toxic in\ntable 15.3\nTable 15.3 Criteria for toxicity\nDescription Oral Toxicity1\nLD50 (mg/kg)\nDermal Toxicity2\nLD50 (mg/kg)\nInhalation Toxicity3\nLC50 (mg/L)\nVery Toxic LD50 ≤ 5 LD50 ≤ 40 LC50 ≤ 0.5\nToxic 5 < LD50 ≤ 50 40 < LD50 ≤ 200 0.5 < LC50 ≤ 2\nKey for table 15.3\n1 In rats\n2 In rats or rabbits\n3 4 hours in rats\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 618\n","sortOrder":803},{"sectionNumber":"Sch 16","sectionType":"schedule","heading":"Matters to be included in emergency plan for","content":"Schedule 16 Matters to be included in emergency plan for\nmajor hazard facility\nregulation 557\n1 Site and hazard detail\n1.1 The location of the facility, including its street address and the\nnearest intersection (if any).\nNote for subclause 1.1\nSufficient detail must be provided to enable a person not familiar with the site to\nfind it.\n1.2 A map:\n(a) showing the site of the major hazard facility; and\n(b) showing land use and occupancy in the surrounding area, and\nany other closely located major hazard facilities and\nhazardous chemical storage sites; and\n(c) identifying all potentially hazardous inventories in the area that\nare known to the operator and the location of all staging points\nfor emergency service organisations.\n1.3 An inventory of all hazardous chemicals present or likely to be\npresent at the facility, and their location.\n1.4 A brief description of the nature of the facility and its operation.\n1.5 The maximum number of persons, including workers, likely to be\npresent at the facility on a normal working day.\n1.6 The emergency planning assumptions, including emergency\nmeasures planned for identified incidents and likely areas affected.\n1.7 The protective resources available to control an incident.\n1.8 The emergency response procedures.\n1.9 The infrastructure (on-site and off-site) likely to be affected by a\nmajor incident.\n2 Command structure and site personnel\n2.1 The command philosophy and structure to be activated in an\nemergency, so that it is clear what actions will be taken, who will\ntake these actions and how, when and where they will be taken.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 619\n2.2 Details of the person who can clarify the content of the emergency\nplan if necessary.\n2.3 The contact details of, and the means of contacting, the persons at\nthe facility responsible for liaising with emergency service\norganisations.\n2.4 A list of 24 hour emergency contacts.\n2.5 Arrangements for assisting emergency service organisations and\nnearby facilities with control actions taken in the surrounding area.\n3 Notifications\n3.1 In the event of the occurrence of a major incident or an event that\ncould reasonably be expected to lead to a major incident,\nprocedures for notifying the emergency service organisations with\nwhich the emergency plan was prepared under regulation 557.\n3.2 After a major incident has occurred, procedures for providing the\nlocal community and the local authority for the local authority area\nin which the facility and the surrounding area are located with\ninformation about the major incident under regulation 573.\n3.3 On-site and off-site warning systems.\n3.4 Contact details for emergency service organisations and other\nsupport services that can assist in providing resources and\nimplementing evacuation plans in the event of a major incident.\n3.5 On-site communication systems.\n4 Resources and equipment\n4.1 On-site emergency resources, including emergency equipment,\npersonnel, gas detectors, wind velocity detectors, sand, lime,\nneutralising agents, absorbents, spill bins and decontamination\n4.2 Off-site emergency resources, including arrangements for obtaining\nadditional external resources (specific to the likely major incidents)\nto assist the control of major incidents and major incident hazards.\n5 Procedures\n5.1 Procedures for the safe evacuation of, and accounting for, all\npeople on site.\n5.2 Procedures and control points for utilities, including gas, water and\nelectricity.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 620\n5.3 Procedures for the control of any incident involving Schedule 15\nchemicals.\n5.4 Procedures for decontamination following an incident involving\nSchedule 15 chemicals.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 621\n","sortOrder":804},{"sectionNumber":"Sch 17","sectionType":"schedule","heading":"Additional matters to be included in safety","content":"Schedule 17 Additional matters to be included in safety\nmanagement system of major hazard facility\nregulation 558\n1 Safety policy and safety objectives\n1.1 A description of the means by which the operator's safety policy\nand specific safety objectives are to be communicated to all\npersons who are to participate in the implementation of the safety\nmanagement system.\n1.2 The safety policy must include an express commitment to ongoing\nimprovement of all aspects of the safety management system.\n2 Organisation and personnel\n2.1 The identification (according to position description and location) of\nthe persons who are to participate in the implementation of the\nsafety management system, and a description of the command\nstructure in which these persons work and of the specific tasks and\nresponsibilities allocated to them.\n2.2 A description of the means of ensuring that these persons have the\nknowledge and skills necessary to enable them to undertake their\nallocated tasks and discharge their allocated responsibilities, and\nthat they retain such knowledge and skills.\n3 Operational controls\n3.1 A description of the procedures and instructions for:\n(a) the safe operation of plant (including as to inspection and\nmaintenance); and\n(b) the mechanical integrity of plant; and\n(c) plant processes; and\n(d) the control of abnormal operations and emergency shut down\nor decommissioning.\n3.2 Provision of adequate means of achieving isolation of the major\nhazard facility or any part of the major hazard facility in the event of\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 622\n3.3 Provision of adequate means of gaining access for service and\nmaintenance of the major hazard facility or any part of the major\n3.4 A description of the roles of persons and of the interfaces between\npersons and plant.\n3.5 Provision for alarm systems.\n4 Duties of operators\n4.1 A description of the means by which the operator proposes to\ncomply with the Act and with Part 9.3 Division 3 and Parts 9.4\nand 9.5 of these Regulations.\n4.2 In relation to each part of the documented safety management\nsystem that describes the means of compliance with a provision of\nChapter 9, an annotation or cross-reference identifying the specific\nprovision being complied with.\n5 Management of change\nA description of the procedures for planning modifications to major\nhazard facilities.\n6 Principles and standards\n6.1 A statement of the principles, especially the design principles and\nengineering standards, being used to ensure the safe operation of\nthe major hazard facility.\n6.2 A description of any technical standards, whether published or\nproprietary, being relied on in relation to such principles and\nstandards.\n7 Performance monitoring\n7.1 Performance standards for measuring the effectiveness of the\nsafety management system, that:\n(a) relate to all aspects of the safety management system; and\n(b) are sufficiently detailed to ensure that the ability of the\noperator to ensure the effectiveness of all aspects of the\nsafety management system is apparent from the\ndocumentation; and\n(c) include steps to be taken to continually improve all aspects of\nthe safety management system.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 623\n7.2 A description of the way in which these performance standards are\nto be met.\n7.3 Performance indicators for the effectiveness of control measures\nimplemented, including:\n(a) tests of the effectiveness of the control measures; and\n(b) indicators of the failure of any control measure; and\n(c) actions to be taken in reporting any such failure; and\n(d) other corrective actions to be taken in the event of any such\nfailure.\n8 Audit\nProvision for the auditing of performance against the performance\nstandards, including the methods, frequency and results of the audit\nprocess.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 624\nSchedule 18 Additional matters to be included in safety\ncase for a major hazard facility\nregulation 561\nPart 1 Facility description\n1 The facility\n1.1 A brief description of the nature of the facility and its operation,\nincluding a description of on-site activities and processes that\ninvolve or will involve Schedule 15 chemicals.\n1.2 A description of the Schedule 15 chemicals and any other\nhazardous chemicals present or likely to be present at the facility,\n(a) their identification by name and by any other means\nnecessary for a clear identification; and\n(b) the quantity present or likely to be present at the major hazard\nfacility; and\n(c) their physical, chemical and toxicological characteristics, and\nany other hazardous characteristics, both immediate and\ndelayed; and\n(d) their physical and chemical behaviour under normal conditions\nof use or under foreseeable abnormal conditions.\n1.3 A description of the chemical and physical processes associated\nwith any Schedule 15 chemicals present or likely to be present at\nthe facility, including:\n(a) the main units of plant used in those processes; and\n(b) a process flow drawing, or set of flow drawings, describing the\nprocesses.\n1.4 A drawing of the major hazard facility's general layout, containing\nthe location of:\n(a) the main process units; and\n(b) the main storage areas; and\n(c) major incident hazards and major incident initiators.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 625\n1.5 In relation to proposed changes at the major hazard facility for\nwhich no new control measures are implemented:\n(a) a description of any proposed changes to the major hazard\nfacility that would:\n(i) alter the production capacity or profile of the major\nhazard facility; or\n(ii) involve the deletion, addition or modification of any\nprocesses; and\n(b) a statement as to how existing control measures and WHS\nmanagement systems are capable of maintaining the safe\noperation of the major hazard facility.\n2 The surrounding area\n2.1 A detailed scale plan of the facility and its surrounding area\nshowing:\n(a) the location of the facility within the surrounding area; and\n(b) topographical information; and\n(c) land use, occupancy and activities in the surrounding area and\nany other closely located major hazard facilities and\nhazardous chemical storage sites; and\n(d) the location of any identified external conditions (including\nother major hazard facilities or other facilities that could affect\nthe safety of the major hazard facility).\n2.2 Graphically presented demographic information for the local\ncommunity, including surrounding land uses permitted by the local\nauthority.\n2.3 Meteorological data relevant to the estimation of the effects of any\nmajor incident.\nPart 2 Safety information\n3 Control measures to limit the consequences of major incidents\n3.1 A detailed description of:\n(a) the instrumentation and other equipment installed in the facility\nand the processes and procedures in place that are the\ncontrol measures to be implemented by the operator; and\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 626\n(b) the critical operating parameters for those control measures;\nand\n(c) key personnel and resources (internal and external) available\nto intervene in the event of any failure of a control measure,\nwhether or not that failure results in a major incident; and\n(d) a summary of the emergency plan, including specific\ninformation about how the plan can be expected to limit the\nconsequences of a major incident; and\n(e) the means of ensuring that there is at all times in place a\ncommand structure for the major hazard facility that applies in\nthe event of an emergency, and that this command structure\nhas been communicated to workers throughout the major\n3.2 In item 3.1:\ncritical operating parameters means the upper or lower\nperformance limits of any equipment, process or procedure,\ncompliance with which is necessary to avoid a major incident.\nfailure of a control measure means:\n(a) if the control measure is a positive action or event – the\nnon-occurrence or the defective occurrence of that action or\nevent; or\n(b) if the control measure consists of a limitation on an operational\nactivity, process or procedure – the breach of that limitation.\n4 Performance monitoring\nA detailed description of the performance standards and\nperformance indicators required by Schedule 17, item 7 to be\nincluded in the safety management system.\n5 Safety management system\n5.1 At all points in the safety case where the matter addressed is\ncovered by the safety management system, a clear reference to the\nrelevant part of the documented safety management system.\n5.2 A description of those parts of the documented safety management\nsystem that address the ongoing effective implementation and\nongoing review and revision of the safety management system.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 627\n6 Safety and reliability of facility structures and plant\nA description of the steps taken to ensure that safety and reliability\nare incorporated into the design and construction of all aspects of\nthe major hazard facility itself, whether the operator is directly\nengaged in the design and construction or has engaged another\nperson to carry out the design and construction.\n7 Major incident history\nA summary of the major incidents that have occurred at the major\nhazard facility over the previous 5 years.\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 628\nSchedule 19 Infringement notice offences and prescribed\namounts\nregulation 704\nTable 19.1\nWork Health and Safety (National Uniform Legislation) Act 2011\nsection 38(1) $720 $3 600\nsection 38(7) $360 $1 800\nsection 39(1) $720 $3 600\nsection 43(1) or (2) $1 440 $7 200\nsection 70(1)(c), (d) or (e) $720 $3 600\nsection 70(2) $720 $3 600\nsection 72(7) $720 $3 600\nsection 74(1) $144 $720\nsection 75(1) $360 $1 800\nsection 79(3) $720 $3 600\nsection 79(4) $720 $3 600\nsection 97(1) $360 $1 800\nsection 193 $720 $3 600\nsection 210(1) or (2) $360 $1 800\nsection 273 $360 $1 800\nWork Health and Safety (National Uniform Legislation) Regulations 2011\nregulation 22(3) $432 $2 160\nregulation 39(2) or (3) $720 $3 600\nregulation 41(1) or (2) $720 $3 600\nregulation 42(1) or (2) $720 $3 600\nregulation 46(2) or (4) $432 $2 160\nregulation 48(2) $720 $3 600\nregulation 50(1) $720 $3 600\nregulation 50(2) $144 $720\nregulation 50(3) $432 $2 160\nregulation 66(2) or (5) $432 $2 160\nregulation 67(4) $720 $3 600\nregulation 68(1) $432 $2 160\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 629\nregulation 69 $720 $3 600\nregulation 72(1) or (2) $720 $3 600\nregulation 76(1) $720 $3 600\nregulation 76(2) $144 $720\nregulation 77(2), (3) or (4) $144 $720\nregulation 77(5) $432 $2 160\nregulation 78(3) or (4) $720 $3 600\nregulation 79(2) $720 $3 600\nregulation 80(2), (3) or (4) $720 $3 600\nregulation 85(1), (2) or (3) $432 $2 160\nregulation 85(4) $144 $720\nregulation 94(1) $144 $720\nregulation 96 $144 $720\nregulation 97 $144 $720\nregulation 98(1) $144 $720\nregulation 111 $144 $720\nregulation 124(1) or (2) $144 $720\nregulation 125(1) $144 $720\nregulation 126 $144 $720\nregulation 127(1) $144 $720\nregulation 139 $144 $720\nregulation 142(1) $144 $720\nregulation 170 $144 $720\nregulation 175(1), (2) or (3) $144 $720\nregulation 180 $144 $720\nregulation 181(2), (3) or (4) $144 $720\nregulation 182(2), (3) or (5) $144 $720\nregulation 182(4) $432 $2 160\nregulation 224(1) or (2) $432 $2 160\nregulation 226(1), (3) or (4) $144 $720\nregulation 228 $144 $720\nregulation 229(1) or (2) $144 $720\nregulation 230(1), (2) or (3) $144 $720\nregulation 237(2), (4) or (5) $144 $720\nregulation 238(2) $720 $3 600\nregulation 253 $432 $2 160\nregulation 254 $432 $2 160\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 630\nregulation 260(3), (4) or (5) $144 $720\nregulation 262(1) $144 $720\nregulation 273(3) or (4) $144 $720\nregulation 275(1) $144 $720\nregulation 282(1) $144 $720\nregulation 287 $144 $720\nregulation 288(1) $144 $720\nregulation 295(1) $432 $2 160\nregulation 296 $432 $2 160\nregulation 298(1) $432 $2 160\nregulation 299(1) $720 $3 600\nregulation 300(1) or (2) $720 $3 600\nregulation 301 $432 $2 160\nregulation 302 $432 $2 160\nregulation 303(1), (2) or (4) $144 $720\nregulation 303(3) $432 $2 160\nregulation 304(2), (3) or (4) $432 $2 160\nregulation 304(5) $144 $720\nregulation 308 $432 $2 160\nregulation 312 $432 $2 160\nregulation 313(1), (2) or (4) $144 $720\nregulation 313(3) $432 $2 160\nregulation 316 $432 $2 160\nregulation 317(1) $432 $2 160\nregulation 326(1) or (2) $144 $720\nregulation 378(1) or (2) $144 $720\nregulation 387(2) $432 $2 160\nregulation 388(2) or (3) $432 $2 160\nregulation 390(2) or (3) $144 $720\nregulation 391(3) $144 $720\nregulation 409(1) $432 $2 160\nregulation 415(2) $432 $2 160\nregulation 418(2) $144 $720\nregulation 419(1) $720 $3 600\nregulation 423(2) $144 $720\nregulation 425(1) or (2) $432 $2 160\nregulation 426 $432 $2 160\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 631\nregulation 427(1) or (2) $432 $2 160\nregulation 429(5) $432 $2 160\nregulation 432(5) $432 $2 160\nregulation 434 $720 $3 600\nregulation 438(1) or (2) $432 $2 160\nregulation 444(1) or (2) $144 $720\nregulation 445(3) or (4) $144 $720\nregulation 446(1) or (3) $432 $2 160\nregulation 449 $720 $3 600\nregulation 450 $720 $3 600\nregulation 451(5) $432 $2 160\nregulation 458(1) or (3) $720 $3 600\nregulation 461(1) or (2) $144 $720\nregulation 464(3) $432 $2 160\nregulation 465(1), (2) or (3) $432 $2 160\nregulation 466(1) or (3) $432 $2 160\nregulation 482(3) $432 $2 160\nregulation 505(1) $144 $720\nregulation 506(1) $144 $720\nregulation 507(1) $144 $720\nregulation 512 $144 $720\nregulation 513(1) $144 $720\nregulation 525 $144 $720\nregulation 529 $432 $2 160\nregulation 529C $720 $3 600\nregulation 529CA(1) $720 $3 600\nregulation 529CA(4) $144 $720\nregulation 529CB(1) $720 $3 600\nregulation 529CC(1) or (2) $720 $3 600\nregulation 529CC(3) $432 $2 160\nregulation 529CD(1) $720 $3 600\nregulation 529CAD(2) or (3) $144 $720\nregulation 529CE $720 $3 600\nregulation 529D $720 $3 600\nregulation 529G(2) $432 $2 160\nregulation 529H(1) $432 $2 160\nregulation 529J(2) $432 $2 160\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 632\nregulation 529K $432 $2 160\nregulation 555(4) $720 $3 600\nregulation 572(4) $144 $720\nregulation 587(1) $144 $720\nregulation 588(1) $144 $720\nregulation 593 $144 $720\nregulation 594(1) $144 $720\nregulation 607 $144 $720\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 633\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nWork Health and Safety (National Uniform Legislation) Regulations (SL No. 59, 2011)\nNotified 30 December 2011\nCommenced 1 January 2012 (r 2)\nWork Health and Safety (National Uniform Legislation) Amendment Regulations 2012\n(SL No. 8, 2012)\nNotified 1 March 2012\nCommenced 1 March 2012 (r 2)\nWork Health and Safety (National Uniform Legislation) Amendment Regulations (No. 2)\n2012 (SL No. 53, 2012)\nNotified 20 December 2012\nCommenced 20 December 2012\nWork Health and Safety (National Uniform Legislation) Amendment Regulations 2013\n(SL No. 26, 2013)\nNotified 28 June 2013\nCommenced 28 June 2013\nEmergency Management Act 2013 (Act No. 27, 2013)\nAssent date 8 November 2013\nCommenced 27 November 2013 (Gaz S63, 27 November 2013)\n(No. 2) 2013 (SL No. 40, 2013)\nNotified 19 December 2013\nCommenced 19 December 2013\nWork Health and Safety (National Uniform Legislation) Amendment Regulations 2014\n(SL No. 20, 2014)\nNotified 1 July 2014\nCommenced 1 July 2014\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 634\n(No. 2) 2014 (SL No.40, 2014)\nNotified 24 December 2014\nCommenced 24 December 2014\n(No. 3) 2014 (SL No. 45, 2014)\nNotified 24 December 2014\nCommenced 24 December 2014\nPorts Management (Repeals and Related Consequential Amendments) Act 2015 (Act\nNo. 12, 2015)\nAssent date 22 May 2015\nCommenced pt 4 (other than ss 52 and 54 to 56): 9 June 2015; ss 52 and\n54 to 56: nc (Act rep by Act No. 20, 2020, before comm);\nrem: 1 July 2015 (Gaz S57, 9 June 2015, p 2)\nWork Health and Safety (National Uniform Legislation) Amendment Regulations 2016\n(SL No. 1, 2016)\nNotified 9 January 2016\nCommenced 4 April 2016 (r 2)\nWork Health and Safety (National Uniform Legislation) Amendment Regulations 2017\n(SL No. 19, 2017)\nNotified 29 June 2017\nCommenced 1 July 2017 (r 2)\nWork Health and Safety (National Uniform Legislation) Amendment Regulations 2019\n(SL No. 22, 2019)\nNotified 21 August 2019\nCommenced 21 August 2019\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nWork Health and Safety (National Uniform Legislation) Amendment Regulations 2020\n(SL No. 16, 2020)\nNotified 1 July 2020\nCommenced 1 July 2020\nWork Health and Safety (National Uniform Legislation) Amendment (Infringement\nOffences) Regulations 2020 (SL No. 20, 2020)\nNotified 29 July 2020\nCommenced 29 July 2020\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 635\nWork Health and Safety (National Uniform Legislation) Amendment (Hazardous\nChemicals) Regulations 2020 (SL No. 34, 2020)\nNotified 23 December 2020\nCommenced 1 January 2021 (r 2)\nJustice Legislation Amendment Regulations 2021 (SL No. 18, 2021)\nNotified 3 November 2021\nCommenced 3 November 2021\nElectrical Safety Act 2022 (Act No. 3, 2022)\nAssent date 14 April 2022\nCommenced 1 July 2024 (s 2(2))\nWork Health and Safety (National Uniform Legislation) Amendment Regulations 2022\n(SL No. 6, 2022)\nDate made 24 May 2022\nCommenced 25 May 2022 (r 2)\nWork Health and Safety (National Uniform Legislation) Amendment Regulations 2023\n(SL No. 4, 2023)\nDate made 2 March 2023\nCommenced 1 July 2023 (r 2)\nStatute Law Amendment (National Cabinet) Act 2023 (Act No. 9, 2023)\nAssent date 20 April 2023\nCommenced 21 April 2023 (s 2)\nWork Health and Safety (National Uniform Legislation) Further Amendment\nRegulations 2023 (SL No. 16, 2023)\nDate made 29 June 2023\nCommenced 1 July 2023 (r 2)\nEnvironment Protection Legislation Amendment Act 2023 (Act No. 34, 2023)\nAssent date 6 December 2023\nCommenced pt 1, pt 3, div 1, ss 207 and 219 and pt 5: 7 December 2023\n(s 2(1)); pt 3, div 2: 1 March 2024 (s 2(2), s 2 Environment\nProtection Legislation Amendment (Chain of Responsibility)\nAct 2022 (Act No. 32, 2022) and (Gaz G4, 15 February 2024,\np 1); pt 4: 1 July 2024 (Gaz G4, 15 February 2024, p 2);\nrem: 1 March 2024 (Gaz G4, 15 February 2024, p 2)\nWork Health and Safety (National Uniform Legislation) Amendment (Engineered Stone)\nRegulations 2023 (SL No. 25, 2023)\nDate made 21 December 2023\nCommenced 22 December 2023 (r 2)\nWork Health and Safety (National Uniform Legislation) Amendment (Engineered Stone)\nRegulations 2024 (SL No. 17, 2024)\nDate made 27 June 2024\nCommenced 1 July 2024 (r 2)\nWork Health and Safety (National Uniform Legislation) Amendment (Crystalline Silica\nSubstances) Regulations 2024 (SL No. 21, 2024)\nDate made 30 July 2024\nCommenced rr 4 – 8: 1 September 2024; rem: 31 July 2024 (r 2)\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 636\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: rr 1, 5, 7, 21, 25, 144, 146, 166,\n328, 354, 419, 492, 500, 530, 532, 609, 699, 706, 710, 711, 729, 792, 819,\n825, 830 and 831 and sch 19.\n4 LIST OF AMENDMENTS\nr 5 amd No. 8, 2012, rr 4 and 10; Act No. 27, 2013, s 128; No. 40, 2014, r 3;\nNo. 1, 2016, r 4; No. 19, 2017, r 4; No. 22, 2019, r 4; No. 16, 2020, r 4;\nNo. 34, 2020, r 4; Act No. 39, 2019, s 370; Act No. 9, 2023, s 19; No. 4, 2023,\nr 4; Act No. 3, 2022, s 299; No. 25, 2023, r 4; No. 17, 2024, r 4; No. xx, 2024,\nr 4\nr 5A ins Act No. 9, 2023, s 20\nr 6A amd No. 40, 2014, r 4\nr 10 amd No. 8, 2012, r 10\nr 21 amd No. 8, 2012, r 5; No. 40, 2014, r 37; No. 19, 2017, r 5\nr 25 amd No. 40, 2014, r 37\nr 43 amd No. 40, 2014, r 37\npt 3.2\ndiv 11 hdg ins No. 4, 2023, r 5\nrr 55A – 55B ins No. 4, 2023, r 5\nr 55C ins No. 4, 2023, r 5\namd No. 16, 2023, r 4\nr 55D ins No. 4, 2023, r 5\nr 82 amd No. 40, 2014, r 5\nr 84 amd No. 40, 2014, r 37\nr 85 amd No. 40, 2014, r 6\nr 87 amd No. 40, 2014, r 37\nr 91A ins No. 40, 2014, r 7\nr 93 amd No. 40, 2014, r 8\nr 96 amd No. 1, 2016, r 5\nr 98 amd No. 1, 2016, r 6\nr 101 amd No. 40, 2014, r 37\nr 104 amd No. 40, 2014, r 37\nr 106 amd No. 40, 2014, r 9\nr 108 sub No. 40, 2014, r 10\nr 109 amd No. 40, 2014, r 11\nr 127 amd No. 1, 2016, r 7\npt 4.7 hdg rep Act No. 3, 2022, s 300\ndiv 1 hdg rep Act No. 3, 2022, s 300\nr 144 amd No. 25, 2023, r 5\nr 145 – 146 rep Act No. 3, 2022, s 300\ndiv 2 hdg rep Act No. 3, 2022, s 300\nr 147 rep Act No. 3, 2022, s 300\ndiv 3 hdg rep Act No. 3, 2022, s 300\nrr 148 – 151 rep Act No. 3, 2022, s 300\ndiv 4 hdg rep Act No. 3, 2022, s 300\nr 152 sub No. 40, 2014, r 12\nrr 153 – 157 rep Act No. 3, 2022, s 300\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 637\nr 158 amd No. 40, 2014, r 37\nrr 159 – 160 rep Act No. 3, 2022, s 300\nr 161 amd No. 40, 2014, r 37\nr 162 rep Act No. 3, 2022, s 300\ndiv 5 hdg rep Act No. 3, 2022, s 300\nr 163 amd No. 25, 2023, r 6\ndiv 6 hdg rep Act No. 3, 2022, s 300\nr 164 amd No. 26, 2013, r 3\nr 165 rep Act No. 3, 2022, s 300\ndiv 7 hdg rep Act No. 3, 2022, s 300\nr 166 rep Act No. 3, 2022, s 300\nr 167 amd No. 40, 2014, r 37\nr 169 amd No. 40, 2014, r 37\nr 171 sub No. 40, 2014, r 13\namd No. 22, 2019, r 5\nr 171A ins No. 40, 2014, r 13\namd No. 22, 2019, r 6\nr 172 amd No. 40, 2014, r 14\nr 173 amd No. 40, 2014, r 37; No. 22, 2019, r 7\nrr 174 – 175 amd No. 40, 2014, r 37\nr 183 amd No. 22, 2019, r 8\nr 184 amd No. 22, 2019, r 9\npt 4.9 hdg ins No. 25, 2023, r 7\nrep No. 17, 2024, r 5\nr 184A ins No. 25, 2023, r 7\nrep No. 17, 2024, r 5\nr 215 amd No. 40, 2014, r 15\nr 217 rep No. 40, 2014, r 16\nr 221 amd No. 25, 2023, r 8\nr 223 amd No. 34, 2020, r 5\nr 235 amd No. 40, 2014, r 17\npt 5.2\ndiv 4\nsdiv 2 hdg amd No. 40, 2014, r 18\nrr 238 – 241 sub No. 40, 2014, r 19\nr 242 amd No. 40, 2014, r 37\nr 244 amd No. 40, 2014, r 20\nr 252 amd No. 40, 2014, r 21\nr 257 amd No. 40, 2014, r 37\nr 266 amd No. 40, 2014, r 37\nr 269 amd No. 40, 2014, r 37\nr 288 amd No. 1, 2016, r 8\npt 5.3\ndiv 6 hdg ins No. 40, 2014, r 22\nrr 288A –\n288D ins No. 40, 2014, r 22\nr 292 amd No. 1, 2016, r 9\nr 318 sub No. 40, 2014, r 23\nr 320 amd No. 6, 2022, r 4\nr 325 rep No. 1, 2016, r 10\nr 328 amd No. 19, 2017, r 6; No. 22, 2019, r 10\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 638\nr 335 amd No. 19, 2017, r 7\nr 338 amd No. 34, 2020, r 6\nr 341 amd No. 19, 2017, r 8; No. 34, 2020, r 7\nr 342 amd No. 40, 2014, r 24; No. 19, 2017, r 9; No. 34, 2020, r 8\nr 348 amd No. 40, 2014, r 25\nr 359 amd No. 40, 2014, r 37\nr 394 amd No. 22, 2019, r 11\nr 394A ins No. 22, 2019, r 12\nr 407 amd No. 22, 2019, r 13\nr 415 amd No. 22, 2019, r 14\nr 417 amd No. 22, 2019, r 15\nr 418 amd No. 40, 2014, r 26; No. 34, 2020, r 9\nr 421 amd No. 40, 2014, r 27\nr 459 amd No. 19, 2017, r 10\npt 8.8 hdg amd No. 19, 2017, r 11\nr 475 amd No. 19, 2017, r 12\nr 491 amd No. 40, 2014, r 37\nr 492 amd No. 40, 2014, r 28\nr 498 amd No. 40, 2014, r 37\nr 513 amd No. 1, 2016, r 11\nrr 516 – 517 amd No. 40, 2014, r 37\nch 8A hdg ins No. 17, 2024, r 6\nsub No. xx, 2024, r 5\npt 8A.1 hdg ins No. 17, 2024, r 6\nsub No. xx, 2024, r 6\nrr 529A – 529C ins No. 17, 2024, r 6\nsub No. xx, 2024, r 6\nrr 529CA –\n529CE ins No. xx, 2024, r 6\npt 8A.2 hdg ins No. 17, 2024, r 6\nr 529Dins No. 17, 2024, r 6\nrr 529E – 529F ins No. 17, 2024, r 6\npt 8A.3 hdg ins No. 17, 2024, r 6\nrr 529G – 529K ins No. 17, 2024, r 6\npt 8A.4 hdg ins No. 17, 2024, r 6\nr 529L ins No. 17, 2024, r 6\namd No. 21, 2024 r 10\npt 8A.5 hdg ins No. 17, 2024, r 6\nr 529M ins No. 17, 2024, r 6\nr 530 amd Act No. 12, 2015, s 63\nr 532 amd Act No. 12, 2015, s 64\nr 547 amd No. 40, 2014, r 29\nr 594 amd No. 1, 2016, r 12\nr 598 amd No. 40, 2014, r 37\nch 10 hdg sub No. 8, 2012, r 6\npt 10.1 hdg ins No. 8, 2012, r 6\nr 609 ins No. 8, 2012, r 6\namd Act No. 34, 2023, s 247\nr 610 ins No. 8, 2012, r 6\npt 10.2 hdg ins No. 8, 2012, r 6\nr 611 ins No. 8, 2012, r 6\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 639\npt 10.3 hdg ins No. 8, 2012, r 6\npt 10.3\ndiv 1 hdg ins No. 8, 2012, r 6\nrr 612 – 616 ins No. 8, 2012, r 6\npt 10.3\ndiv 2 hdg ins No. 8, 2012, r 6\nrr 617 – 621 ins No. 8, 2012, r 6\nr 676 amd No. 40, 2014, r 30; No. 17, 2024, r 7\nr 684 amd No. 17, 2024, r 8\nr 689 amd No. 40, 2014, r 37\npt 11.2\ndiv 3A hdg ins No. 17, 2024, r 9\nrr 689A – 689E ins No. 17, 2024, r 9\nr 692 amd No. 17, 2024, r 10\nr 694 amd No. 17, 2024, r 11\nr 695 sub No. 17, 2024, r 12\nr 698 amd No. 17, 2024, r 13\nr 700 amd No. 40, 2014, r 37\nch 12 note ins No. 8, 2012, r 7\nrr 712 – 716 amd No. 53, 2012, r 5\nr 717 amd No. 26, 2013, r 4; No. 45, 2014, r 3\nrr 719 – 724 amd No. 53, 2012, r 5\nr 725 amd No. 53, 2012, r 5\nrr 726 – 728 amd No. 53, 2012, r 5\nr 729 amd No. 53, 2012, r 5\nr 730 amd No. 26, 2013, r 5\nrr 731 – 733 amd No. 53, 2012, r 5\nr 734 amd No. 26, 2013, r 6\nr 738A ins No. 26, 2013, r 7\namd No. 20, 2014, r 3\nr 739 amd No. 26, 2013, r 8; No. 20, 2014, r 4\nr 744 amd No. 26, 2013, r 9; No. 20, 2014, r 5\nr 745 amd No. 26, 2013, r 10; No. 20, 2014, r 6\nr 750 amd No. 53, 2012, r 5; No. 40, 2013, r 3\nr 751 amd No. 53, 2012, r 5; No. 40, 2013, r 4\nr 752 amd No. 53, 2012, r 5; No. 40, 2013, r 5\nr 753 amd No. 53, 2012, r 5; No. 40, 2013, r 6\nr 754 amd No. 53, 2012, r 5; No. 40, 2013, r 7\nr 755 amd No. 53, 2012, r 5; No. 40, 2013, r 8\nr 756 amd No. 53, 2012, r 5; No. 40, 2013, r 9\nr 757 amd No. 53, 2012, r 5; No. 40, 2013, r 10\nr 758 amd No. 53, 2012, r 3; No. 40, 2013, r 11\nrr 759 – 760 amd No. 53, 2012, r 5\nr 761 amd No. 53, 2012, r 5; No. 40, 2013, r 12\nr 762 amd No. 53, 2012, r 5\nr 763 amd No. 53, 2012, r 5; No. 40, 2013, r 13\nr 764 amd No. 53, 2012, r 5\nr 765 amd No. 53, 2012, r 5; No. 40, 2013, r 14\nr 766 amd No. 53, 2012, r 5; No. 40, 2013, r 15\nrr 767 – 768 amd No. 53, 2012, r 5\nr 771 amd No. 53, 2012, r 4\nr 772 amd No. 53, 2012, r 5\nr 774 amd No. 53, 2012, r 5\nr 776 amd No. 53, 2012, r 5; No. 26, 2013, r 11\nrr 778 – 781 amd No. 53, 2012, r 5\n\nWork Health and Safety (National Uniform Legislation) Regulations 2011 640\nr 785 amd No. 53, 2012, r 5; No. 40, 2013, r 16; No. 45, 2014, r 4\nrep No. 1, 2016, r 13\nr 786 amd No. 34, 2020, r 10\nrr 787 – 791 amd No. 53, 2012, r 5\nr 793 amd No. 53, 2012, r 5\nr 797 amd No. 26, 2013, r 12; No. 20, 2014, r 7\nr 798 amd No. 53, 2012, r 5\nr 799 amd No. 53, 2012, r 5; No. 40, 2013, r 17\nr 800 amd No. 26, 2013, r 13; No. 20, 2014, r 8\nr 801 amd No. 26, 2013, r 14\nr 802 amd No. 26, 2013, r 15\nrr 803 – 805 amd No. 53, 2012, r 5\nr 806 amd No. 26, 2013, r 16; No. 45, 2014, r 5\nr 807 amd No. 26, 2013, r 17\nr 808 amd No. 26, 2013, r 18\nr 809 amd No. 53, 2012, r 5; No. 40, 2013, r 18\nr 810 amd No. 26, 2013, r 19\nr 812 amd No. 26, 2013, r 20\nr 817 amd No. 26, 2013, r 21\nr 818 amd No. 26, 2013, r 22\nr 823 amd No. 26, 2013, r 23\nr 824 amd No. 53, 2012, r 5\nch 13 hdg ins No. 8, 2012, r 8\nrr 830 – 831 ins No. 8, 2012, r 8\nr 832 ins No. 8, 2012, r 8\namd No. 26, 2013, r 24\nr 833 ins No. 8, 2012, r 8\nch 14 hdg ins No. 1, 2016, r 14\nr 834 ins No. 1, 2016, r 14\nch 15 hdg ins No. 17, 2024, r 14\nrr 835 – 836 ins No. 17, 2024, r 14\nsch 2 amd No. 8, 2012, r 9; No. 40, 2014, r 31; No. 18, 2021, r 4\nsch 3 amd No. 40, 2014, r 32; No. 19, 2017, r 13\nsch 4 amd No. 19, 2017, r 14\nsch 5 amd No. 40, 2014, r 33; No. 19, 2017, r 15; No. 34, 2020, r 11\nsch 6 amd No. 40, 2014, r 34; No. 34, 2020, r 12\nsch 7 amd No. 34, 2020, r 13\nsch 8 amd No. 34, 2020, r 14\nsch 10 amd No. 40, 2014, r 35\nsch 11 amd No. 34, 2020, r 15\nsch 13 amd No. 40, 2014, r 37; No. 19, 2017, r 16; No. 25, 2023, r 9\nsch 15 amd No. 8, 2012, r 10; No. 40, 2014, r 36\nsch 16 amd No. 40, 2014, r 37\nsch 19 amd No. 20, 2020, r 4; No. 34, 2020, r 16; Act No. 3, 2022, s 301; No. 21,\n2024, r 8 and r 9","sortOrder":805}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":966},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The Regulations have expanded significantly beyond their original 2011 scope. Major additions include: Chapter 8A (crystalline silica/engineered stone) added in 2024 responding to silicosis crisis; enhanced psychosocial risk provisions (Division 11 of Part 3.2); strengthened lead exposure monitoring with transitional periods and reproductive health protections; and expanded major hazard facility requirements. The original framework has grown from approximately 500 pages to accommodate emerging hazards and national harmonization developments."},"complexity_factors":["Extensive cross-referencing between Parts, Divisions, and Schedules (e.g., Schedule 3-19 contain detailed technical requirements)","Multiple nested exception clauses (e.g., regulation 419 contains 5 sub-exceptions to the general prohibition on asbestos work)","47+ defined terms in regulation 5 alone, many with their own sub-definitions and technical specifications","Conditional logic throughout (e.g., 'if reasonably practicable' appears hundreds of times with layered alternatives)","19 Schedules containing detailed technical tables (e.g., Schedule 11 placard quantities, Schedule 14 health monitoring requirements)","Dual penalty structures for individuals vs. body corporates with strict liability offences","Transitional provisions spanning multiple amendment years (2012, 2016, 2024) with complex grandfathering","Interplay with corresponding WHS laws of other jurisdictions for mutual recognition","Multiple licensing and accreditation schemes (high-risk work, asbestos removal, assessors, major hazard facilities) with their own application, renewal, suspension, and cancellation procedures","Recent 2024 engineered stone amendments adding new Chapter 8A with notification and exemption schemes"],"plain_english_summary":"These are the **Work Health and Safety (National Uniform Legislation) Regulations 2011** for the Northern Territory, as updated to September 2024. They set out detailed rules for keeping workers safe across a wide range of workplace hazards.\n\n**What this legislation does:**\n\nThe Regulations flesh out the duties in the Work Health and Safety Act by prescribing specific requirements for:\n\n- **Workplace representation** – how health and safety representatives are elected, trained, and how workplace issues get resolved\n- **Risk management** – mandatory steps for identifying hazards, assessing risks, and applying the \"hierarchy of controls\" (eliminate first, then substitute, isolate, engineer, administrate, and finally use personal protective equipment)\n- **Specific hazardous work** – detailed rules for:\n  - *Noise* exposure and hearing protection\n  - *Manual handling* to prevent musculoskeletal injuries\n  - *Confined spaces* – entry permits, atmospheric monitoring, rescue procedures\n  - *Working at heights* – fall prevention and arrest systems\n  - *High-risk work* – licensing for crane operators, forklift drivers, scaffolders, etc.\n  - *Diving work* – medical fitness, dive plans, and supervision\n- **Plant and equipment** – design, manufacture, import, supply, installation, and registration requirements for machinery; specific controls for mobile plant, cranes, lifts, pressure equipment, lasers, and amusement devices\n- **Construction work** – safe work method statements for high-risk construction, excavation controls, and principal contractor duties including WHS management plans\n- **Hazardous chemicals** – classification, labelling, safety data sheets, registers and manifests, placarding, storage systems, health monitoring for exposed workers, and special rules for lead and carcinogens\n- **Asbestos** – identification, registers, management plans, removal licensing (Class A and B), clearance inspections, and assessor licensing\n- **Crystalline silica** – new 2024 provisions prohibiting engineered stone benchtops and requiring silica risk control plans for high-risk processing\n- **Major hazard facilities** – licensing, safety cases, and emergency planning for sites storing large quantities of dangerous chemicals\n- **Mines** – risk management plans and health monitoring programs\n\n**Who it affects:**\n\nAnyone conducting a business or undertaking (PCBUs), employers, workers, designers, manufacturers, importers, suppliers, and installers of plant or structures. It also covers specific high-risk industries like construction, demolition, diving, and chemical handling.\n\n**Why it matters:**\n\nThese Regulations translate broad safety duties into concrete, enforceable requirements. They establish licensing systems for high-risk activities, mandate specific controls for known killers (falls, confined spaces, asbestos, silica), create paper trails through registers and documentation, and set penalties for non-compliance. The 2024 updates include significant new restrictions on engineered stone containing crystalline silica, reflecting evolving health evidence."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Based on the available information, this appears to be a standard amending reprint of the existing 2011 Regulations rather than a fundamental change in scope. The regulations continue to operate within their established framework of national uniform WHS legislation. Without access to the specific amendment content, no evidence of scope expansion or contraction beyond the original intent can be confirmed."},"complexity_factors":["Regulations are subordinate legislation that must be read alongside the parent Work Health and Safety Act, requiring understanding of two instruments simultaneously","Extremely broad scope covering virtually all industries and workplace types, each with different applicable provisions","Highly technical subject matter including engineering standards, chemical thresholds, and industry-specific safety requirements","Frequent cross-referencing to Australian Standards and other external technical documents that are incorporated by reference","This is a reprint amendment — identifying what has actually changed from the prior version requires comparison with earlier reprints","Applies only in the Northern Territory under 'national uniform legislation' framework, creating jurisdictional complexity as other states have near-identical but separately enacted versions","Dual audience complexity: obligations differ significantly depending on whether you are a worker, employer, designer, manufacturer, or supplier","Limited metadata provided — the specific amendments made by this 2024 instrument are not detailed in the extract, making precise analysis difficult"],"plain_english_summary":"## Work Health and Safety (National Uniform Legislation) Regulations 2011 — 2024 Update\n\nThis is an update (amendment) to the **Work Health and Safety Regulations** that apply in the Northern Territory. These regulations sit underneath the main Work Health and Safety Act and fill in the detailed, practical rules about how workplaces must operate safely.\n\n**What do these regulations cover?**\nThe WHS Regulations set out the specific duties and requirements for:\n- **Employers and business owners** (called 'persons conducting a business or undertaking') — what safety systems, processes, and protections they must have in place\n- **Workers** — their rights and responsibilities on the job\n- **Designers, manufacturers, and suppliers** of plant and substances — safety standards for equipment and chemicals\n- **Specific hazards** such as working at heights, confined spaces, hazardous chemicals, electrical safety, and more\n\n**Who does this affect?**\nPractically **every employer and worker** in the Northern Territory. If you run a business, manage a worksite, or go to work, these rules apply to you.\n\n**Why does this update matter?**\nThis is a reprint/amendment (Reprint No. REPW025R1) that came into force on **1 September 2024**. This means some of the rules have been changed or clarified. Anyone responsible for workplace safety compliance — business owners, safety officers, HR managers — should check what has changed to make sure their workplace is still meeting its legal obligations.\n\n**Key point:** Failing to comply with WHS Regulations can result in significant fines and, in serious cases, criminal prosecution."}},"importantCases":[],"_links":{"self":"/api/acts/work-health-and-safety-national-uniform-legislation-regulations-2011","history":"/api/acts/work-health-and-safety-national-uniform-legislation-regulations-2011/history","analysis":"/api/acts/work-health-and-safety-national-uniform-legislation-regulations-2011/analysis","conflicts":"/api/acts/work-health-and-safety-national-uniform-legislation-regulations-2011/conflicts","importantCases":"/api/acts/work-health-and-safety-national-uniform-legislation-regulations-2011/important-cases","documents":"/api/acts/work-health-and-safety-national-uniform-legislation-regulations-2011/documents"}}