{"id":"sl-2011-36","name":"Work Health and Safety Regulation 2011","slug":"work-health-and-safety-regulation-2011","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"36 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173948,"registerId":"act-sl-2011-36-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"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 525\n3.1 Boom-type elevating work platform 531\n","sortOrder":0},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"High risk work licences—competency","content":"Schedule 4 High risk work licences—competency\nrequirements 532\n4.1 Purpose—sch 4 532\n","sortOrder":1},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Registration of plant and plant designs 535","content":"Schedule 5 Registration of plant and plant designs 535\n","sortOrder":2},{"sectionNumber":"Part 5","sectionType":"part","heading":"1 Plant requiring registration of design 535","content":"Part 5.1 Plant requiring registration of design 535\n5.1 Items of plant requiring registration of design 535\n5.2 Exceptions 536\nPart 5.2 Items of plant requiring registration 538\n5.3 Items of plant requiring registration 538\n5.4 Exceptions 539\n","sortOrder":3},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"Classification of mixtures 540","content":"Schedule 6 Classification of mixtures 540\n6.1 Purpose of this schedule 540\n","sortOrder":4},{"sectionNumber":"Sch 7","sectionType":"schedule","heading":"Safety data sheets 545","content":"Schedule 7 Safety data sheets 545\n7.1 Safety data sheets—content 545\n7.2 Safety data sheets—research chemical, waste product or sample for\nanalysis 546\n","sortOrder":5},{"sectionNumber":"Sch 8","sectionType":"schedule","heading":"Disclosure of ingredients in safety data sheet 548","content":"Schedule 8 Disclosure of ingredients in safety data sheet 548\n8.1 Purpose of this schedule 548\n8.2 Identity of ingredients to be disclosed 548\n8.3 Generic names used to disclose identity of ingredients 550\n8.4 Disclosing proportions of ingredients 551\n\nPage\ncontents 31\nSchedule 9 Classification, packaging and labelling\nrequirements 552\nPart 9.1 Correct classification 552\n9.1 Correct classification of a substance, mixture or article 552\nPart 9.2 Correct packing 553\n9.2 Correctly packing hazardous chemicals 553\nPart 9.3 Correct labelling 554\n9.3 Labelling hazardous chemicals—general 554\n9.4 Labelling hazardous chemicals—small container 555\n9.5 Labelling hazardous chemicals—research chemicals or samples for\nanalysis 555\n9.6 Labelling hazardous chemicals—decanted or transferred chemicals 556\n9.7 Labelling hazardous chemicals—known hazards 556\n9.8 Labelling hazardous chemicals—waste products 557\n9.9 Labelling hazardous chemicals—explosives 557\n9.10 Labelling hazardous chemicals—agricultural and veterinary chemicals 558\n","sortOrder":6},{"sectionNumber":"Sch 10","sectionType":"schedule","heading":"Prohibited carcinogens, restricted","content":"Schedule 10 Prohibited carcinogens, restricted\ncarcinogens and restricted hazardous\nchemicals 559\n","sortOrder":7},{"sectionNumber":"Sch 11","sectionType":"schedule","heading":"Placard and manifest quantities 563","content":"Schedule 11 Placard and manifest quantities 563\n11.1 Determination of classification of flammable liquids 568\n","sortOrder":8},{"sectionNumber":"Sch 12","sectionType":"schedule","heading":"Manifest requirements 569","content":"Schedule 12 Manifest requirements 569\n12.1 Manifest—general information 569\n12.2 Manifest—bulk storage and containers 569\n12.3 Manifest—identification of hazardous chemical 570\n12.4 Manifest—storage area for packaged hazardous chemicals 571\n\nPage\ncontents 32 Work Health and Safety Regulation 2011\n12.5 Manifest—hazardous chemicals being manufactured 573\n12.6 Manifest—hazardous chemicals in transit 573\n12.7 Manifest—plan of workplace 574\n","sortOrder":9},{"sectionNumber":"Sch 13","sectionType":"schedule","heading":"Placard requirements 575","content":"Schedule 13 Placard requirements 575\n13.1 Displaying placards 575\n13.2 Maintaining placards 576\n13.3 Outer warning placards—requirements 576\n13.4 Placards for particular hazardous chemicals stored in bulk 577\n13.5 Placards for unstable explosives, organic peroxides type A or self-\nreactive substances type A stored in bulk 580\n13.6 Placards for packaged Schedule 11 hazardous chemicals (other than\nflammable liquids category 4) and IBCs 582\n13.7 Placards for flammable liquids category 4 packaged or in bulk 583\n","sortOrder":10},{"sectionNumber":"Sch 14","sectionType":"schedule","heading":"Requirements for health monitoring 585","content":"Schedule 14 Requirements for health monitoring 585\n","sortOrder":11},{"sectionNumber":"Sch 15","sectionType":"schedule","heading":"Hazardous chemicals at major hazard","content":"Schedule 15 Hazardous chemicals at major hazard\nfacilities (and their threshold quantity) 589\n15.1 Definitions—sch 15 589\n15.2 Relevant hazardous chemicals 589\n15.3 Threshold quantity of one hazardous chemical 589\n15.4 Threshold quantity of more than 1 hazardous chemical 590\n15.5 How table 15.6.2 must be used 591\n15.6 How table 15.6.3 must be used 591\n","sortOrder":12},{"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 599\n16.1 Site and hazard detail 599\n16.2 Command structure and site personnel 600\n16.3 Notifications 600\n16.4 Resources and equipment 601\n16.5 Procedures 601\n\nPage\ncontents 33\n","sortOrder":13},{"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 602\n17.1 Safety policy and safety objectives 602\n17.2 Organisation and personnel 602\n17.3 Operational controls 602\n17.4 Duties of operators 603\n17.5 Management of change 603\n17.6 Principles and standards 603\n17.7 Performance monitoring 604\n17.8 Audit 604\n","sortOrder":14},{"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 605\n","sortOrder":15},{"sectionNumber":"Part 18","sectionType":"part","heading":"1 Facility description 605","content":"Part 18.1 Facility description 605\n18.1 The facility 605\n18.2 The surrounding area 606\nPart 18.2 Safety information 608\n18.3 Control measures to limit the consequences of major incidents 608\n18.4 Performance monitoring 609\n18.5 Safety management system 609\n18.6 Safety and reliability of facility structures and plant 609\n18.7 Major incident history 609\nDictionary 610\n1 About the endnotes 657\n2 Abbreviation key 657\n3 Legislation history 658\n4 Amendment history 664\n\nPage\ncontents 34 Work Health and Safety Regulation 2011\n5 Earlier republications 713\n6 Expired transitional or validating provisions 717\n\n1 Name of regulation\nThis regulation is the Work Health and Safety Regulation 2011.\n5 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation, and includes references (signpost definitions) to other\nterms defined elsewhere.\nFor example, the signpost definition ‘VET course—see the National\nVocational Education and Training Regulator Act 2011 (Cwlth).’ means\nthat the term ‘VET course’ is defined in that Act and the definition applies\nto this regulation.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n","sortOrder":16},{"sectionNumber":"6A","sectionType":"section","heading":"Offences are offences of strict liability","content":"6A Offences are offences of strict liability\nStrict liability applies to each physical element of each offence under\nthis regulation unless otherwise stated in the section containing the\noffence.\n\nPreliminary Chapter 1\nIntroductory matters Part 1.1\n","sortOrder":17},{"sectionNumber":"6B","sectionType":"section","heading":"Offences against regulation—application of Criminal","content":"6B Offences against regulation—application of Criminal\nCode etc\nOther legislation applies in relation to offences against this\nregulation.\nNote Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this regulation\n(see Code, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\n","sortOrder":18},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of person conducting a business or","content":"7 Meaning of person conducting a business or\nundertaking—persons excluded—Act, s 5 (6)\n(1) For the purposes of the Act, section 5 (6) (Meaning of person\nconducting a business or undertaking), a strata title body corporate\nthat is responsible for any common areas used only for residential\npurposes may be taken not to be a person conducting a business or\nundertaking in relation to those premises.\n(2) Subsection (1) does not apply if the strata title body corporate\nengages any worker as an employee.\n(3) For the purposes of the Act, section 5 (6), an incorporated association\nmay be taken not to be a person conducting a business or undertaking\nif the incorporated association consists of a group of volunteers\nworking together for 1 or more community purposes where—\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.\n\nstrata title body corporate means an owners corporation for a units\nplan under the Unit Titles (Management) Act 2011, section 8 (Owners\ncorporation—establishment).\n","sortOrder":19},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of supply—Act, s 6 (3) (b)","content":"8 Meaning of supply—Act, s 6 (3) (b)\nFor the purposes of the Act, section 6 (3) (b) (Meaning of supply), a\nsupply of a thing does not include the supply of a thing by a person\nwho does not control the supply and has no authority to make\ndecisions about the supply.\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\n","sortOrder":20},{"sectionNumber":"9","sectionType":"section","heading":"Provisions linked to health and safety duties in Act—","content":"9 Provisions linked to health and safety duties in Act—\nAct, sch 3, s 1.1\nIf a note at the foot of a provision of this regulation states ‘WHS Act’\nfollowed by a reference to a section number, the regulation provision\nsets out the way in which a person’s duty or obligation under that\nsection of the Act is to be performed in relation to the matters and to\nthe extent set out in the regulation provision.\nNote 1 A failure to comply with a duty or obligation under a section of the Act\nmentioned in a ‘WHS Act’ note is an offence to which a penalty applies.\nNote 2 A note at the foot of a provision forms part of this regulation (see Act,\ns 9).\n\nPreliminary Chapter 1\nIntroductory matters Part 1.1\n","sortOrder":21},{"sectionNumber":"9A","sectionType":"section","heading":"Meaning of corresponding WHS law—Act, dict","content":"9A Meaning of corresponding WHS law—Act, dict\nFor the Act, dictionary, definition of corresponding WHS law, the\nfollowing laws are prescribed:\n(a) the following laws of the Commonwealth:\nNote A reference to an Act includes a reference to any regulation\nor statutory instrument made or in force under the Act (see\nLegislation Act, s 104).\n(ii) the Occupational Health and Safety Act 1991 (repealed);\nNote A reference to a repealed Act includes a reference to any\nregulation or statutory instrument made under that Act (see\nLegislation Act, s 104).\n(b) the following laws of NSW:\n(ii) the Occupational Health and Safety Act 2000 (repealed);\n(c) the following laws of Victoria:\n(i) the Occupational Health and Safety Act 2004;\n(ii) the Occupational Health and Safety Act 1985 (repealed);\n(d) the following laws of Queensland:\n(ii) the Workplace Health and Safety Act 1995 (repealed);\n\n(e) the following laws of Western Australia:\n(i) the Work Health and Safety Act 2020;\n(ii) the Industrial Relations Act 1979;\n(iii) the Occupational Safety and Health Act 1984 (repealed);\n(iv) any other law relating to work health and safety matters;\n(f) the following laws of South Australia:\n(i) the Work Health and Safety Act 2012;\n(ii) the Occupational Health, Safety and Welfare Act 1986\n(repealed);\n(g) the following laws of Tasmania:\n(i) the Work Health and Safety Act 2012;\n(ii) the Workplace Health and Safety Act 1995 (repealed);\n(h) the following laws of the Northern Territory:\n(i) the Work Health and Safety (National Uniform\nLegislation) Act 2011;\n(ii) the Workplace Health and Safety Act 2007 (repealed);\n(iii) any other law relating to work health and safety matters.\n\nApplication of Act to dangerous goods and high risk plant Chapter 1\nApplication Part 1.2\n","sortOrder":22},{"sectionNumber":"10","sectionType":"section","heading":"Application of the Act to dangerous goods and high risk","content":"10 Application of the Act to dangerous goods and high risk\nplant—Act, sch 1, s 5\nThe following provisions of the Act are excluded from the operation\nof the Act, schedule 1 (Application of Act to dangerous goods and\nhigh risk plant):\n(a) division 5.2 (Consultation with workers);\n(b) division 5.3 (Health and safety representatives);\n(c) division 5.4 (Health and safety committees);\n(d) division 5.5 (Issue resolution);\n(e) division 5.6 (Right to cease or direct cessation of unsafe work);\n(f) division 5.7 (Provisional improvement notices);\n(g) division 5.8 (Part not to apply to prisoners);\n(h) part 6 (Discriminatory, coercive and misleading conduct);\n(i) part 7 (Workplace entry by WHS entry permit-holders).\n","sortOrder":23},{"sectionNumber":"10A","sectionType":"section","heading":"Application of the Act to dangerous goods—","content":"10A Application of the Act to dangerous goods—\nAct, sch 1, s 6, definition of dangerous goods\nDangerous goods under the ADG Code listed in table 328, column 2,\nare prescribed as dangerous goods if the quantity of the goods at the\npremises at or in which the goods are stored or handled is more than\nthe relevant threshold for the goods mentioned in table 328,\ncolumn 3.\n\n","sortOrder":24},{"sectionNumber":"Part 1","sectionType":"part","heading":"Application of Act to dangerous goods and high risk plant","content":"Chapter 1 Application of Act to dangerous goods and high risk plant\n","sortOrder":25},{"sectionNumber":"11","sectionType":"section","heading":"Application of this regulation","content":"11 Application of this regulation\nA duty imposed on a person under a provision of this regulation in\nrelation to health and safety does not limit or affect any duty the\nperson has under the Act or, unless otherwise expressly provided, any\nother provision of this regulation.\n","sortOrder":26},{"sectionNumber":"12","sectionType":"section","heading":"Assessment of risk in relation to a class of hazards,","content":"12 Assessment of risk in relation to a class of hazards,\ntasks, circumstances or things\nIf this regulation requires an assessment of risks to health and safety\nassociated with a hazard, task, thing or circumstance, an assessment\nof risks associated with a class of hazards, tasks, things or\ncircumstances 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 worker\nor other person being exposed to a greater, additional or\ndifferent risk to health and safety than if the risk assessment\nwere carried out in relation to each individual hazard, task, thing\nor circumstance.\n\nApplication of Act to dangerous goods and high risk plant Chapter 1\nIncorporated documents Part 1.3\n","sortOrder":27},{"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, or\nmentioned in, this regulation is to be read as a reference to that\ndocument as in force at the time the document is applied, adopted,\nincorporated or mentioned unless express provision is made to the\ncontrary.\nNote A person is required to comply with an Australian Standard or\nAustralian/New Zealand Standard that is applied by this regulation only\nto the extent this regulation provides.\nFor example, in the definition of boiler, par (b) (iii) (C), there is an\nexception that mentions AS 2593:2004. The definition does not require a\nperson to comply with AS 2593:2004, but particular equipment must be\ncertified in compliance with AS 2593:2004 to fall within the exception.\nThe reference to an Australian Standard in this case is part of a\ndescription of equipment excluded from the definition of boiler. As a\nresult, the equipment is not covered by particular provisions of this\nregulation relating to high risk work.\n","sortOrder":28},{"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 mentioned in, this regulation is inconsistent with any provision in\nthis regulation, the provision of this regulation prevails.\n\nChapter 1 Application of Act to dangerous goods and high risk plant\n","sortOrder":29},{"sectionNumber":"15","sectionType":"section","heading":"Disapplication of Legislation Act, s 47 (5) and (6)","content":"15 Disapplication of Legislation Act, s 47 (5) and (6)\n(1) The Legislation Act, section 47 (5) does not apply in relation to an\ninstrument applied, adopted or incorporated as in force at a particular\ntime under this regulation unless the instrument is expressed to be a\nnotifiable instrument.\nExamples—instruments to which s 47 (5) does not apply\n1 an Australian Standard\n2 the Globally Harmonised System of Classification and Labelling of Chemicals\n(GHS)\n3 the Australian Miniature Boiler Safety Committee Code (AMBSC)\n(2) The Legislation Act, section 47 (6) does not apply in relation to an\ninstrument applied, adopted or incorporated as in force from time to\ntime under this regulation unless the instrument is expressed to be a\nnotifiable instrument.\nExamples—instruments to which s 47 (6) does not apply\n1 the Australian Code for the Transport of Dangerous Goods by Road and Rail\n(ADG Code)\n2 the Standard for the Uniform Scheduling of Medicines and Poisons\n\nWork groups Division 2.1.1\n","sortOrder":30},{"sectionNumber":"Part 2","sectionType":"part","heading":"Representation and","content":"Chapter 2 Representation and\nparticipation\n","sortOrder":31},{"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 represented;\nand\n(b) has regard to the need for a health and safety representative for\nthe work group to be readily accessible to each worker in the\nwork group.\nNote Under the Act, a work group may be determined for workers at more than\n1 workplace (see s 51 (3)) or for workers carrying out work for 2 or more\npersons conducting businesses or undertakings at 1 or more workplaces\n(see Act, subdiv 5.3.3).\n","sortOrder":32},{"sectionNumber":"17","sectionType":"section","heading":"Matters to be taken into account in negotiations—","content":"17 Matters to be taken into account in negotiations—\nAct, s 52 (6) and s 56 (4)\nFor the purposes of the Act, section 52 (6) (Negotiations for\nagreement for work group) and section 56 (4) (Negotiation of\nagreement for work groups of multiple businesses), negotiations for\nand determination of work groups and variation of agreements\nconcerning work groups must take into account all relevant matters\n(a) the number of workers;\n\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 or\nsimilar 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(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;\n1 employee\n2 contractor\n(k) the pattern of work carried out by workers;\n1 full-time\n2 part-time\n3 casual\n4 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\nHealth and safety representatives Division 2.1.2\n","sortOrder":33},{"sectionNumber":"18","sectionType":"section","heading":"Procedures for election of health and safety","content":"18 Procedures for election of health and safety\nrepresentatives—Act, s 61 (2)\n(1) This section sets out minimum procedural requirements for the\nelection of a health and safety representative for a work group for the\npurposes of the Act, section 61 (2) (Procedure for election of health\nand safety representatives).\n(2) The person conducting the election must take all reasonable steps to\nensure 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 which\nthe election is to be held as soon as practicable after the date is\ndetermined;\n(b) all workers in the work group are given an opportunity to—\n(i) nominate for the position of health and safety\nrepresentative; and\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","sortOrder":34},{"sectionNumber":"19","sectionType":"section","heading":"Person conducting business or undertaking must not","content":"19 Person conducting business or undertaking must not\ndelay election\nnot unreasonably delay the election of a health and safety\nrepresentative.\n\n","sortOrder":35},{"sectionNumber":"20","sectionType":"section","heading":"Removal of health and safety representatives—","content":"20 Removal of health and safety representatives—\nAct, s 64 (2) (d)\n(1) For the purposes of the Act, section 64 (2) (d) (Term of office of\nhealth and safety representative), the majority of the members of a\nwork group may remove a health and safety representative for the\nwork group if the members sign a written declaration that the health\nand safety representative should no longer represent the work group.\n(2) A member of the work group nominated by the members who signed\nthe 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 removed;\n(ii) each person conducting a business or undertaking in which\na 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 when\nthe persons mentioned in subsection (2) (a) and the majority of\nmembers of the work group have been informed of the removal.\n","sortOrder":36},{"sectionNumber":"21","sectionType":"section","heading":"Training for health and safety representatives—Act,","content":"21 Training for health and safety representatives—Act,\ns 72 (1) and s 72A (2)\n(1) For the purposes of the Act, section 72 (1) (Obligation to train health\nand safety representatives) and section 72A (Obligation to train health\nand safety representatives—major construction project), a health and\nsafety representative is entitled to attend the following courses of\ntraining in work health and safety:\n(a) an initial course of training of 5 days;\n\nHealth and safety representatives Division 2.1.2\n(b) 1 day’s refresher training each year, with the entitlement to the\nfirst refresher training commencing 1 year after the initial\ntraining.\n(2) In approving a course of training in work health and safety for the\npurposes of the Act, section 72 (1) and section 72A (2), the regulator\nmay have regard to any relevant matters, including—\n(a) the content and quality of the curriculum, including its relevance\nto the powers and functions of a health and safety representative;\nand\nis to provide the course.\nNote 1 This section 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\nfurther training.\nNote 2 Under the Legislation Act, s 46, the power to approve a course of training\nincludes a power to amend or repeal the approval.\n","sortOrder":37},{"sectionNumber":"21A","sectionType":"section","heading":"Establishing a health and safety committee—major","content":"21A Establishing a health and safety committee—major\nconstruction project—Act, s 75 (1) (b)\n(1) This section applies in relation to a major construction project.\n(2) The principal contractor for the major construction project must\nestablish a health and safety committee for the project.\n(3) The health and safety committee must be established within\n2 months after the day work on the major construction project\ncommences.\n\n","sortOrder":38},{"sectionNumber":"21B","sectionType":"section","heading":"Training for health and safety committee members—","content":"21B Training for health and safety committee members—\nmajor construction project—Act, s 79A (2)\n(1) For the purposes of the Act, section 79A (2) (Obligation to train\nhealth and safety committee members—major construction project),\nmembers of the health and safety committee are entitled to attend a\ncourse of training in work health and safety that is not less than\n4 hours of training.\n(2) In approving a course of training in work health and safety for the\npurposes of the Act, section 79A (2) (a), 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 health and safety\ncommittee; and\nis to provide the course.\nNote This section prescribes a course of training to which a health and safety\ncommittee member is entitled. In addition to the course, the health and\nsafety committee member and the principal contractor for the major\nconstruction project may agree that the member will attend or receive\nfurther training.\n\nIssue resolution Part 2.2\n","sortOrder":39},{"sectionNumber":"22","sectionType":"section","heading":"Agreed procedure—minimum requirements","content":"22 Agreed procedure—minimum requirements\n(1) This section sets out minimum requirements for an agreed procedure\nfor issue resolution at a workplace.\n(2) The agreed procedure for issue resolution at a workplace must include\nthe steps set out in section 23.\nensure that the agreed procedure for issue resolution at the\nworkplace—\n(a) complies with subsection (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":40},{"sectionNumber":"23","sectionType":"section","heading":"Default procedure—Act, s 81 (2)","content":"23 Default procedure—Act, s 81 (2)\n(1) This section sets out the default procedure for issue resolution for the\npurposes of the Act, section 81 (2) (Resolution of health and safety\nissues).\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 or\ncommunicate with each other to attempt to resolve the issue.\n\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 affected\nby 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(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 be\nset out in a written agreement if any party to the issue requests this.\nNote Under the Act, parties to an issue include not only a person conducting a\nbusiness or undertaking, a worker and a health and safety representative,\nbut also representatives of these persons (see Act, s 80).\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 worker’s\nhealth and safety representative.\n\nCessation of unsafe work Part 2.3\nPart 2.3 Cessation of unsafe work\n","sortOrder":41},{"sectionNumber":"24","sectionType":"section","heading":"Continuity of engagement of worker—Act, s 88","content":"24 Continuity of engagement of worker—Act, s 88\nFor the purposes of the Act, section 88 (Continuity of engagement of\nworker), the prescribed purposes are the assessment of eligibility for,\nor the calculation of benefits for, any benefit or entitlement associated\nwith the worker’s engagement, including 1 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\nPart 2.4 Workplace entry by WHS entry\npermit-holders\n","sortOrder":42},{"sectionNumber":"25","sectionType":"section","heading":"Training requirements for WHS entry permits—Act, s 131","content":"25 Training requirements for WHS entry permits—Act, s 131\nand s 133\n(1) The prescribed training for the purposes of the Act, section 131\n(Application for WHS entry permit) and section 133 (Eligibility\ncriteria), is training, that is provided or approved by the regulator, in\nrelation to the following:\n(a) the right of entry requirements under the Act, part 7 (Workplace\nentry by WHS entry permit-holders);\n(b) the issue resolution requirements under the Act and this\n(c) the duties under, and the framework of, the Act and this\n(d) the requirements for the management of risks under the Act,\nsection 17 (Management of risks);\n(e) the meaning of reasonably practicable as set out in the Act,\nsection 18 (What is reasonably practicable in ensuring health\nand safety);\n(f) the relationship between the Act and this regulation and the Fair\nWork Act 2009 (Cwlth).\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 this regulation.\n(3) For the purpose of approving training, the regulator may have regard\nto any relevant matters including—\n(a) the content and quality of the curriculum, including its relevance\nto the powers and functions of a WHS permit-holder; and\n\nWorkplace entry by WHS entry permit-holders Part 2.4\nis to provide the training.\nNote Under the Legislation Act, s 46, the power to approve training includes a\npower to amend or repeal the approval.\n","sortOrder":43},{"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(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":44},{"sectionNumber":"27","sectionType":"section","heading":"Notice of entry—general","content":"27 Notice of entry—general\nA notice of entry under the Act, part 7 (Workplace entry by WHS\nentry permit-holders) 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\n(iii) the section of the Act under which the WHS entry\npermit-holder is entering or proposing to enter the\n(iv) the name and address of the workplace entered or proposed\nto be entered;\n(v) the date of entry or proposed entry;\n(vi) the additional information and other matters required under\nsection 28, section 29 or section 30 (as applicable).\n","sortOrder":45},{"sectionNumber":"28","sectionType":"section","heading":"Additional requirements—entry under Act, s 117—Act,","content":"28 Additional requirements—entry under Act, s 117—Act,\ns 119\nA notice of entry under the Act, section 119 (Notice of entry) in\nrelation to an entry under the Act, section 117 (Entry to inquire into\nsuspected contraventions) 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 declaration stating—\n(i) that the union is entitled to represent the industrial interests\nof a worker who carries out work at the workplace entered\nand is a member, or eligible to be a member, of that union;\nand\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, that\n\nWorkplace entry by WHS entry permit-holders Part 2.4\n","sortOrder":46},{"sectionNumber":"29","sectionType":"section","heading":"Additional requirements—entry under Act, s 120—Act,","content":"29 Additional requirements—entry under Act, s 120—Act,\ns 120\nA notice of entry under the Act, section 120 (Entry to inspect\nemployee records or information held by another person) in relation\nto an entry under 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, or\nof the classes of records and documents, directly relevant to the\nsuspected contravention, that are proposed to be inspected;\n(c) a declaration stating—\n(i) that the union is entitled to represent the industrial interests\nof a worker who is a member, or eligible to be a member,\nof 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, that\nworker; and\n(iv) that the records and documents proposed to be inspected\nrelate to that contravention.\n\n","sortOrder":47},{"sectionNumber":"30","sectionType":"section","heading":"Additional requirements—entry under Act, s 121—Act,","content":"30 Additional requirements—entry under Act, s 121—Act,\ns 122\nA notice of entry under the Act, section 122 (Notice of entry) in\nrelation to an entry under the Act, section 121 (Entry to consult and\nadvise workers) must also include a declaration stating—\n(a) that the union is entitled to represent the industrial interests of a\nworker who carries out work at the workplace proposed to be\nentered and is a member, or eligible to be a member, of that\nunion; and\n(b) the provision in the union’s rules that entitles the union to\nrepresent the industrial interests of that worker.\n","sortOrder":48},{"sectionNumber":"31","sectionType":"section","heading":"Register of WHS entry permit-holders—Act, s 151","content":"31 Register of WHS entry permit-holders—Act, s 151\nFor the purposes of the Act, section 151 (Register of WHS entry\npermit-holders), the regulator must publish 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\nManaging risks to health and safety Part 3.1\nChapter 3 General risk and workplace\nPart 3.1 Managing risks to health and\nsafety\n32 Application—pt 3.1\nThis part applies to a person conducting a business or undertaking\nwho has a duty under this regulation to manage risks to health and\n","sortOrder":49},{"sectionNumber":"33","sectionType":"section","heading":"Specific requirements must be complied with","content":"33 Specific requirements must be complied with\nAny specific requirements under this regulation for the management\nof risk must be complied with when implementing the requirements\nof this part.\n1 a requirement not to exceed an exposure standard\n2 a duty to implement a specific control measure\n3 a duty to assess risk\n","sortOrder":50},{"sectionNumber":"34","sectionType":"section","heading":"Duty to identify hazards","content":"34 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 health\nand safety.\n\n","sortOrder":51},{"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 and\nsafety—minimise those risks so far as is reasonably practicable.\n","sortOrder":52},{"sectionNumber":"36","sectionType":"section","heading":"Hierarchy of control measures","content":"36 Hierarchy of control measures\n(1) This section applies if it is not reasonably practicable for a duty holder\nto 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 section.\n(3) The duty holder must minimise risks, so far as is reasonably\npracticable, by doing 1 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 and\nuse of suitable personal protective equipment.\nNote A combination of the controls set out in this section may be used to\nminimise risks, so far as is reasonably practicable, if a single control is\nnot sufficient for the purpose.\n\nManaging risks to health and safety Part 3.1\n","sortOrder":53},{"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":54},{"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 measures\nimplemented under this regulation so as to maintain, so far as is\nreasonably practicable, a work environment that is without risks to\nhealth or safety.\n(2) Without limiting subsection (1), the duty holder must review and, as\nnecessary, revise a control measure in the following circumstances:\n(a) the control measure does not control the risk it was implemented\nto control so far as is reasonably practicable;\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(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 not\neffectively 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\nthis regulation indicate that a review is necessary;\nsubsection (4).\n\n(3) Without limiting subsection (2) (b), a change at the workplace\nincludes—\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 reasonably\nbelieves that—\n(a) a circumstance mentioned in subsection (2) (a), (b), (c) or (d)\nand\n(b) the duty holder has not adequately reviewed the control measure\nin response to the circumstance.\n\nInformation, training and instruction Division 3.2.1\n","sortOrder":55},{"sectionNumber":"Div 3","sectionType":"division","heading":"2.1 Information, training and instruction","content":"Division 3.2.1 Information, training and instruction\n","sortOrder":56},{"sectionNumber":"39","sectionType":"section","heading":"Provision of information, training and instruction—","content":"39 Provision of information, training and instruction—\nAct, s 19\n(1) This section applies for the purposes of the Act, section 19 (Primary\nduty of care) to a person conducting a business or undertaking.\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 the\ninformation, training and instruction provided under this section is\nprovided in a way that is readily understandable by any person to\nwhom it is provided.\n\n","sortOrder":57},{"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 normal\nworking conditions and in an emergency;\n(b) work areas have space for work to be carried out without risk to\nhealth and safety;\n(c) floors and other surfaces are designed, installed and maintained\nto allow work to be carried out without risk to health 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.\n\nGeneral working environment Division 3.2.2\n","sortOrder":58},{"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 adequate\nfacilities for workers, including toilets, drinking water, washing\nfacilities and eating facilities.\n(2) The person conducting a business or undertaking at a workplace must\nensure, so far as is reasonably practicable, that the facilities provided\nunder subsection (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 section, a person conducting a business or\nundertaking must have regard to all relevant matters, including the\n(c) the size, location and nature of the workplace;\n(d) the number and composition of the workers at the workplace.\n\n","sortOrder":59},{"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 equipment;\nand\n(c) access to facilities for the administration of first-aid.\n(a) an adequate number of workers are trained to administer\nfirst-aid 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 section, the person conducting the business\nor undertaking must have regard to all relevant matters, including the\n(c) the size and location of the workplace;\n\nEmergency plans Division 3.2.4\n(d) the number and composition of the workers and other persons at\nDivision 3.2.4 Emergency plans\n","sortOrder":60},{"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(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 by\nthe person conducting the business or undertaking to\ncoordinate the emergency response and all persons at the\n(b) testing of the emergency procedures, including the frequency of\ntesting;\n(c) information, training and instruction to relevant workers in\nrelation to implementing the emergency procedures.\n\nmaintain the emergency plan for the workplace so that it remains\neffective.\n(3) For the purposes of subsections (1) and (2), 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 at\nimplement the emergency plan for the workplace in the event of an\n","sortOrder":61},{"sectionNumber":"44","sectionType":"section","heading":"Provision to workers and use of personal protective","content":"44 Provision to workers and use of personal protective\n(1) This section applies if personal protective equipment is to be used to\nminimise a risk to health and safety in relation to work at a workplace\nin accordance with section 36 (Hierarchy of control measures).\n\nPersonal protective equipment Division 3.2.5\n(2) The person conducting a business or undertaking who directs the\ncarrying out of work must provide the personal protective equipment\nto workers at the workplace, unless the personal protective equipment\nhas been provided by another person conducting a business or\nundertaking.\n(3) The person conducting the business or undertaking who directs the\ncarrying out of work must ensure that personal protective equipment\nprovided under subsection (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 minimise\nrisk to the worker who uses it, including by ensuring that the\nequipment 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 practicable.\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\n(b) the storage and maintenance of personal protective equipment.\nNote 2 A person conducting a business or undertaking must not charge or impose\na levy on a worker for the provision of personal protective equipment (see\nAct, s 273).\n","sortOrder":62},{"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 practicable,\n(a) personal protective equipment to be used or worn by any person\nother than a worker at the workplace is capable of minimising\nrisk to the person’s health and safety; and\n(b) the person uses or wears the equipment.\n","sortOrder":63},{"sectionNumber":"46","sectionType":"section","heading":"Duties of worker","content":"46 Duties of worker\nprovides a worker with personal protective equipment.\n(2) The worker must, so far as the worker is reasonably able, use or wear\nthe equipment in accordance with any information, training or\nreasonable instruction by the person conducting the business or\nundertaking.\n\nRemote or isolated work Division 3.2.6\n(3) The worker must not intentionally misuse or damage the equipment.\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":64},{"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 conducting\nthe business or undertaking at the workplace.\nDivision 3.2.6 Remote or isolated work\n","sortOrder":65},{"sectionNumber":"48","sectionType":"section","heading":"Remote or isolated work—Act, s 19","content":"48 Remote or isolated work—Act, s 19\nthe health and safety of a worker associated with remote or isolated\nwork, in accordance with part 3.1 (Managing risks to health and\nsafety).\n\nDivision 3.2.7 Managing risks from airborne contaminants\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 attendance of\nemergency services workers.\nremote or isolated work, in relation to a worker, means work that is\nisolated from the assistance of other persons because of location, time\nor the nature of the work.\nDivision 3.2.7 Managing risks from airborne\ncontaminants\n","sortOrder":66},{"sectionNumber":"48A","sectionType":"section","heading":"Exposure standards","content":"48A Exposure standards\n(1) The Minister may declare exposure standards in the Workplace\nExposure Standard for Airborne Contaminants for this regulation\n(other than part 4.1 (Noise)).\nNote The Workplace Exposure Standard for Airborne Contaminants does not\nneed to be notified under the Legislation Act because s 47 (5) does not\napply (see s 15 and Legislation Act, s 47 (7)). The Standard is available\nat www.safeworkaustralia.gov.au.\n(2) A declaration is a notifiable instrument.\n\nManaging risks from airborne contaminants Division 3.2.7\n","sortOrder":67},{"sectionNumber":"49","sectionType":"section","heading":"Ensuring exposure standards for substances and","content":"49 Ensuring exposure standards for substances and\nmixtures not exceeded\nensure that no person at the workplace is exposed to a substance or\nmixture in an airborne concentration that exceeds the exposure\nstandard for the substance or mixture.\n","sortOrder":68},{"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 an\nexposure standard applies if—\n(a) the person is not certain on reasonable grounds whether or not\nthe airborne concentration of the substance or mixture at the\nworkplace 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\nsubsection (1) are recorded, and kept for 30 years after the date the\nrecord is made.\n\nensure that the results of air monitoring carried out under\nsubsection (1) are readily accessible to persons at the workplace who\nmay be exposed to the substance or mixture.\n","sortOrder":69},{"sectionNumber":"51","sectionType":"section","heading":"Managing risks to health and safety—Act, s 19","content":"51 Managing risks to health and safety—Act, s 19\nmanage risks to health and safety associated with a hazardous\natmosphere at the workplace, in accordance with part 3.1 (Managing\nrisks to health and safety).\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 fire\nrisk; 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":70},{"sectionNumber":"52","sectionType":"section","heading":"Ignition sources—Act, s 19","content":"52 Ignition sources—Act, s 19\nmanage risks to health and safety associated with an ignition source\nin a hazardous atmosphere at the workplace, in accordance with\npart 3.1 (Managing risks to health and safety).\n\nStorage of flammable or combustible substances Division 3.2.9\n(2) This section does not apply if the ignition source is part of a deliberate\nprocess or activity at the workplace.\nDivision 3.2.9 Storage of flammable or combustible\n","sortOrder":71},{"sectionNumber":"53","sectionType":"section","heading":"Flammable and combustible substances not to be","content":"53 Flammable and combustible substances not to be\naccumulated\nensure that, if flammable or combustible substances are kept at the\nworkplace, the substances are kept at the lowest practicable quantity\nfor 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.\nDivision 3.2.10 Falling objects\n","sortOrder":72},{"sectionNumber":"54","sectionType":"section","heading":"Management of risk of falling objects—Act, s 19","content":"54 Management of risk of falling objects—Act, s 19\nsafety), risks to health and safety associated with an object falling on\na person if the falling object is reasonably likely to injure the person.\n\n","sortOrder":73},{"sectionNumber":"55","sectionType":"section","heading":"Minimising risk associated with falling objects","content":"55 Minimising risk associated with falling objects\n(1) This section applies if it is not reasonably practicable to eliminate the\nrisk mentioned in section 54.\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 section.\n(3) The person provides adequate protection against the risk if the person\nprovides 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\n","sortOrder":74},{"sectionNumber":"55A","sectionType":"section","heading":"Meaning of psychosocial hazard—div 3.2.11","content":"55A Meaning of psychosocial hazard—div 3.2.11\nFor this division, a 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\nPsychosocial risks Division 3.2.11\n(iv) workplace interactions or behaviours; and\n(b) may cause psychological harm (whether or not it may also cause\nphysical harm).\n","sortOrder":75},{"sectionNumber":"55B","sectionType":"section","heading":"Meaning of psychosocial risk—div 3.2.11","content":"55B Meaning of psychosocial risk—div 3.2.11\nFor this division, a psychosocial risk is a risk to the health or safety\nof a worker or other person arising from a psychosocial hazard.\n","sortOrder":76},{"sectionNumber":"55C","sectionType":"section","heading":"Managing psychosocial risks","content":"55C Managing psychosocial risks\nA person conducting a business or undertaking must—\n(a) manage psychosocial risks in accordance with part 3.1\n(Managing risks to health and safety); and\n(b) implement the control measures required by section 55D.\n","sortOrder":77},{"sectionNumber":"55D","sectionType":"section","heading":"Psychosocial risks—control measures","content":"55D Psychosocial risks—control measures\n(1) A person conducting a business or undertaking must implement\ncontrol measures to—\n(a) eliminate psychosocial risks so far as is reasonably practicable;\nand\n(b) if it is not reasonably practicable to eliminate psychosocial\nrisks—minimise the risks so far as is reasonably practicable.\n(2) In determining the control measures to implement, the person must\nhave regard to all relevant matters, including—\n(a) the duration, frequency or severity of the exposure of workers\nand other persons to any psychosocial hazards; and\n(b) how the psychosocial hazards may interact or combine; and\n(c) the design of work, including job demands and tasks; and\n\n(d) the systems of work, including how work is managed, organised\nand supported; and\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; and\n(f) the design and layout, and environmental conditions, of\nworkers’ accommodation; and\n(g) the plant, substances and structures at the workplace; and\n(h) workplace interactions or behaviours; and\n(i) the information, training, instruction and supervision provided\nto workers.\nworkers’ accommodation means premises to which the Act,\nsection 19 (4) applies.\n\nNoise Part 4.1\n","sortOrder":78},{"sectionNumber":"56","sectionType":"section","heading":"Meaning of exposure standard for noise","content":"56 Meaning of exposure standard for noise\n(1) In this regulation:\nexposure standard for noise, in relation to a person, means—\n(a) LAeq,8h of 85 dB(A); or\n(b) LC,peak of 140 dB(C).\nLAeq,8h means the eight-hour equivalent continuous A-weighted\nsound pressure level in decibels (dB(A)) referenced to\n20 micropascals, determined in accordance with\nAS/NZS 1269.1:2005 (Occupational noise management—\nMeasurement and assessment of noise immission and exposure).\nNote AS/NZS 1269.1:2005 does not need to be notified under the Legislation\nAct because s 47 (5) does not apply (see s 15 and Legislation Act,\ns 47 (7)). The standard may be purchased at www.standards.org.au.\nLC,peak means the C-weighted peak sound pressure level in decibels\n(dB(C)) referenced to 20 micropascals, determined in accordance\nwith AS/NZS 1269.1:2005 (Occupational noise management—\nMeasurement and assessment of noise immission and exposure).\n","sortOrder":79},{"sectionNumber":"57","sectionType":"section","heading":"Managing risk of hearing loss from noise—Act, s 19","content":"57 Managing risk of hearing loss from noise—Act, s 19\nsafety), risks to health and safety relating to hearing loss associated\nwith noise.\n\nensure that the noise that a worker is exposed to at the workplace does\nnot exceed the exposure standard for noise.\n","sortOrder":80},{"sectionNumber":"58","sectionType":"section","heading":"Audiometric testing","content":"58 Audiometric testing\n(1) This section applies in relation to a worker who is frequently required\nby the person conducting the business or undertaking to use personal\nprotective equipment to protect the worker from the risk of hearing\nloss associated with noise that exceeds the exposure standard for\nnoise.\n(2) The person conducting the business or undertaking who provides the\npersonal protective equipment as a control measure must provide\naudiometric 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 tone\nair conduction threshold tests.\n\nNoise Part 4.1\n","sortOrder":81},{"sectionNumber":"59","sectionType":"section","heading":"Duties of designers, manufacturers, importers and","content":"59 Duties of designers, manufacturers, importers and\nsuppliers of plant\n(1) A designer of plant must ensure that the plant is designed so that its\nnoise emission is as low as is reasonably practicable.\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 emission\nof 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\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 emission\nis 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 is\nrequired to give a supplier under subsection (2), (4) or (5); and\n(b) give that information to any person to whom the supplier\n\nHazardous manual tasks Part 4.2\n","sortOrder":82},{"sectionNumber":"60","sectionType":"section","heading":"Managing risks to health and safety—Act, s 19","content":"60 Managing risks to health and safety—Act, s 19\nhealth and safety relating to a musculoskeletal disorder associated\nwith a hazardous manual task, in accordance with part 3.1 (Managing\nrisks to health and safety).\n(2) In determining the control measures to implement under\nsubsection (1), the person conducting the business or undertaking\nmust have regard to all relevant matters that may contribute to a\nmusculoskeletal 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 things\ninvolved in carrying out the hazardous manual task.\n\n","sortOrder":83},{"sectionNumber":"61","sectionType":"section","heading":"Duties of designers, manufacturers, importers and","content":"61 Duties of designers, manufacturers, importers and\nsuppliers of plant or structures\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 structure.\n(2) If it is not reasonably practicable to comply with subsection (1), the\ndesigner must ensure that the plant or structure is designed so that the\nneed for any hazardous manual task to be carried out in connection\nwith the plant or structure is minimised so far as is reasonably\npracticable.\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 minimise\nthe need for any hazardous manual task to be carried out in connection\nwith the plant or structure.\n\nHazardous manual tasks Part 4.2\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 plant\nor structure.\n(5) If it is not reasonably practicable to comply with subsection (4), the\nmanufacturer must ensure that the plant or structure is manufactured\nso that 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(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 minimise\nthe need for any hazardous manual task to be carried out in connection\nwith the plant or structure.\n(7) An importer of plant or a structure must take all reasonable steps to—\n(a) obtain the information the designer or manufacturer is required\nto give under subsection (3) or (6); and\n\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 is\nrequired to give a supplier under subsection (3), (6) or (7); and\n(b) give that information to any person to whom the supplier\n\nPreliminary Division 4.3.1\n","sortOrder":84},{"sectionNumber":"Div 4","sectionType":"division","heading":"3.1 Preliminary","content":"Division 4.3.1 Preliminary\n","sortOrder":85},{"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(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":86},{"sectionNumber":"63","sectionType":"section","heading":"Application to emergency services workers","content":"63 Application to emergency services workers\nSection 67 (Confined space entry permit) and section 68 (Signage) do\nnot apply to the entry into a confined space by an emergency services\nworker if, at the direction of the emergency service organisation, the\nworker is—\n(a) rescuing a person from the space; or\n(b) providing first-aid to a person in the space.\n\nDivision 4.3.2 Duties of designer, manufacturer, importer, supplier, installer and\nconstructor of plant or structure\nDivision 4.3.2 Duties of designer, manufacturer,\nimporter, supplier, installer and\nconstructor of plant or structure\n","sortOrder":87},{"sectionNumber":"64","sectionType":"section","heading":"Duty to eliminate or minimise risk","content":"64 Duty to eliminate or minimise risk\n(1) This section applies in relation to plant or a structure that includes a\nspace 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 person\ninadvertently entering the space are eliminated, so far as is\nreasonably 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 exit;\nand\n(iii) the risk to the health and safety of any person who enters\nthe space is eliminated so far as is reasonably practicable\nor, if it is not reasonably practicable to eliminate the risk,\nthe risk is minimised so far as is reasonably practicable.\n\nDivision 4.3.3 Duties of person conducting business\nor undertaking\n","sortOrder":88},{"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 as\nis reasonably practicable, that a worker does not enter a confined\nspace before this division has been complied with in relation to that\nspace.\n","sortOrder":89},{"sectionNumber":"66","sectionType":"section","heading":"Managing risks to health and safety—Act, s 19","content":"66 Managing risks to health and safety—Act, s 19\n(1) A person conducting a business or undertaking must manage, in\naccordance with part 3.1 (Managing risks to health and safety), risks\nto health and safety associated with a confined space at a workplace\nincluding risks associated with entering, working in, on or in the\nvicinity of the confined space (including a risk of a person\ninadvertently entering the confined space).\n(2) A person conducting a business or undertaking must ensure that a risk\nassessment is conducted by a competent person for the purposes of\nsubsection (1).\n(3) The person must ensure that a risk assessment conducted under\nsubsection (2) is recorded in writing.\n\n(4) For the purposes of subsections (1) and (2), the person conducting a\nbusiness or undertaking must have regard to all relevant matters,\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 the\nproposed method of working;\n(e) the type of emergency procedures, including rescue procedures,\nrequired.\n(5) The person conducting a business or undertaking must ensure that a\nrisk assessment under this section is reviewed and as necessary\nrevised by a competent person to reflect any review and revision of\ncontrol measures under part 3.1 (Managing risks to health and safety).\n","sortOrder":90},{"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 unless\nthe person has issued a confined space entry permit for the work.\n\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) state 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 work\nin the space; and\n(d) contain space for an acknowledgment that work in the confined\nspace has been completed and that all persons have left the\n(3) The control measures stated in a confined space permit must—\n(a) be based on a risk assessment conducted under section 66\n(Managing risks to health and safety—Act, s 19); 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 section 69\n(Communication and safety monitoring).\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\n(b) the acknowledgment mentioned in subsection (2) (d) is\ncompleted by the competent person.\n","sortOrder":91},{"sectionNumber":"68","sectionType":"section","heading":"Signage","content":"68 Signage\n(1) A person conducting a business or undertaking must ensure that signs\nthat comply with subsection (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(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 space.\n","sortOrder":92},{"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\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.\n","sortOrder":93},{"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(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 under\nsubsection (1), the person must minimise that risk so far as is\n","sortOrder":94},{"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; and\n\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(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 than\n19.5% by volume—any worker carrying out work in the space\nis provided with air-supplied respiratory equipment.\npurging means the method used to displace any contaminant from a\nNote 1 Section 44 applies to the use of personal protective equipment, including\nthe equipment provided under s (2).\nNote 2 Section 50 applies to airborne contaminants.\n\n","sortOrder":95},{"sectionNumber":"72","sectionType":"section","heading":"Specific control—flammable gases and vapours","content":"72 Specific control—flammable gases and vapours\n(1) A person conducting a business or undertaking must ensure, so far as\nis reasonably practicable, that while work is being carried out in a\nconfined space, the concentration of any flammable gas, vapour or\nmist in the atmosphere of the space is less than 5% of its LEL.\n(2) If it is not reasonably practicable to limit the atmospheric\nconcentration of a flammable gas, vapour or mist in a confined space\nto less than 5% of its LEL and the atmospheric concentration of the\nflammable 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 ensure\nthat any worker is immediately removed from the space.\n","sortOrder":96},{"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.\n\n","sortOrder":97},{"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; and\n(b) ensure that the procedures are practised as necessary to ensure\nthat 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 an\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; and\n(c) plant, equipment and personal protective equipment provided\nfor first-aid or emergency rescue are maintained in good\nworking order.\nNote 2 See pt 3.2 for general provisions relating to first-aid, personal protective\nequipment and emergency plans.\n\n","sortOrder":98},{"sectionNumber":"75","sectionType":"section","heading":"Personal protective equipment in emergencies","content":"75 Personal protective equipment in emergencies\n(1) This section applies in relation to a worker who is to enter a confined\nspace in order to carry out first-aid or rescue procedures in an\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 an\nairborne contaminant; or\n(c) there is a serious risk of the atmosphere in the space becoming\naffected in the way mentioned in paragraph (a) or (b) while the\nworker 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(b) there is a serious risk of an engulfment occurring while the\nworker is in the space.\nNote 2 Section 44 applies to the use of personal protective equipment, including\nthe equipment provided under this section.\n\n","sortOrder":99},{"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 hazards;\n(c) the selection, fit, use, wearing, testing, storage and maintenance\nof 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 confined\nspace;\n(e) emergency procedures.\n(2) The person must ensure that a record of all training provided to a\nworker under this section is kept for 2 years.\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\n(ii) carry out any function in relation to work in a confined\nspace or the emergency procedures established under\nsection 74 (Emergency procedures), but who is not\nrequired to enter the space; or\n(b) any person supervising a worker mentioned in paragraph (a).\n","sortOrder":100},{"sectionNumber":"77","sectionType":"section","heading":"Confined space entry permit and risk assessment must","content":"77 Confined space entry permit and risk assessment must\nbe kept\n(1) This section applies if a person conducting a business or\nundertaking—\n(a) prepares a risk assessment under section 66 (Managing risks to\nhealth and safety—Act, s 19); or\n(b) issues a confined space entry permit under section 67 (Confined\nspace entry permit).\n(b) a copy of the confined space entry permit at least until the work\nto which it relates is completed.\nthe assessment or permit relates, the person must keep the copy of the\nassessment or permit (as applicable) for at least 2 years after the\n\nor permit must be kept under this section, a copy is available for\nor permit must be kept under this section, a copy is available to any\nrelevant worker on request.\n\nFalls Part 4.4\n","sortOrder":101},{"sectionNumber":"78","sectionType":"section","heading":"Management of risk of fall—Act, s 19","content":"78 Management of risk of fall—Act, s 19\nsafety), risks to health and safety associated with a fall by a person\nfrom 1 level to another that is reasonably likely to cause injury to the\nperson or any other person.\n(2) Subsection (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 as\nis reasonably practicable, that any work that involves the risk of a fall\nto which subsection (1) applies is carried out on the ground or on a\nsolid 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\n(b) any area within the workplace mentioned in subsection (2).\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 fall;\nand\n(c) an even and readily negotiable surface and gradient; and\n(d) a safe means of entry and exit.\n","sortOrder":102},{"sectionNumber":"79","sectionType":"section","heading":"Specific requirements to minimise risk of fall","content":"79 Specific requirements to minimise risk of fall\n(1) This section applies if it is not reasonably practicable for the person\nconducting a business or undertaking at a workplace to eliminate the\nrisk of a fall to which section 78 applies.\n(2) The person must minimise the risk of a fall by providing adequate\nprotection against the risk in accordance with this section.\n(3) The person provides adequate protection against the risk if the person\nprovides 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\nFalls Part 4.4\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 workplace\n3 providing safe work procedures, safe sequencing of work, safe use of ladders,\npermit systems and appropriate signs\nNote A combination of the controls set out in this subsection may be used to\nminimise risks so far as is practicable if a single control is not sufficient\nfor the purpose.\n(4) This section 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.\nNote Section 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.\n\n","sortOrder":103},{"sectionNumber":"80","sectionType":"section","heading":"Emergency and rescue procedures","content":"80 Emergency and rescue procedures\nprovides a fall arrest system as a control measure.\n(2) Without limiting section 79, the person must establish emergency\nprocedures, including rescue procedures, in relation to the use of the\nfall arrest system.\n(3) The person must ensure that the emergency procedures are tested so\nthat they are effective.\n(4) The person must provide relevant workers with suitable and adequate\ninformation, training and instruction in relation to the emergency\nprocedures.\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\n","sortOrder":104},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"5.1.1 Requirement to be licensed","content":"Subdivision 4.5.1.1 Requirement to be licensed\n","sortOrder":105},{"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 person\nholds a high risk work licence for that class of high risk work, except\nas provided in section 82.\nNote 1 See the Act, s 43 (Requirements for authorisation of work).\nNote 2 Sch 3 (High risk work licences and classes of high risk work) sets out\nthe high risk work licences and classes of high risk work that are within\nthe scope of each licence.\nSch 4 (High risk work licences—competency requirements) sets out the\nqualifications required for a high risk work licence.\n","sortOrder":106},{"sectionNumber":"82","sectionType":"section","heading":"Exceptions","content":"82 Exceptions\n(1) A person who carries out high risk work is not required to be licensed\nto 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\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 section 91 (2) (Refusal to grant high risk work\nlicence—process) of a decision to refuse to grant the\n(1B) A person who carries out high risk work is not required to be licensed\nto carry out the work if the work is carried out while an accredited\nassessor is conducting an assessment of the person’s competency in\nrelation to the work.\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 disposal\nof the plant at that workplace or moving the plant within the\n(b) the plant is operated or used without a load except when standard\nweight loads with predetermined fixing points are used for\ncalibration of the plant.\n(3) For the purposes of subsection (2) (a):\nmoving includes operating the plant in order to load the plant onto, or\nunload it from, a 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\n(b) the person carrying out the work holds a licence in relation to\nrigging, which qualifies the person to carry out the work.\nNote See sch 3 (High risk work licences and classes of high risk work) for the\nclasses 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":107},{"sectionNumber":"83","sectionType":"section","heading":"Recognition of high risk work licences in other","content":"83 Recognition of high risk work licences in other\n(1) In this subdivision, a reference to a high risk work licence includes a\n(a) that was issued under a corresponding WHS law; and\n","sortOrder":108},{"sectionNumber":"84","sectionType":"section","heading":"Duty of person conducting business or undertaking to","content":"84 Duty of person conducting business or undertaking to\nensure direct 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 section 82 (1) (a) (Exceptions) provides direct\nsupervision of the person except in the circumstances set out in\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\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 supervising\nperson of the work of that person for the purposes of—\n(a) directing, demonstrating, monitoring and checking the person’s\nwork in a way that is appropriate to the person’s level of\ncompetency; and\n(b) ensuring a capacity to respond in an emergency situation.\n","sortOrder":109},{"sectionNumber":"85","sectionType":"section","heading":"Evidence of licence—duty of person conducting business","content":"85 Evidence of licence—duty of person conducting business\nor undertaking\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 high\nrisk work licence for that work.\nnot direct or allow a worker to carry out high risk work in the\ncircumstances mentioned in section 82 (1) (Exceptions) unless the\nperson sees written evidence provided by the worker that the worker\nis undertaking the course of training mentioned in section 82 (1) (a).\n\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 mentioned in section 82 (1A) unless the person sees\nwritten evidence provided by the worker that the worker—\n(a) in the circumstances mentioned in section 82 (1A) (a)—holds a\ncertification mentioned in section 82 (1A); and\n(b) in the circumstances mentioned in section 82 (1A) (b)—\n(i) holds a certification mentioned in section 82 (1A); and\n(ii) has applied for the relevant licence within the period\nmentioned in section 82 (1A) (b).\nnot direct or allow a worker to supervise high risk work as mentioned\nin section 82 (1) and section 84 (Duty of person conducting business\nor undertaking to ensure direct supervision) unless the person sees\nwritten evidence that the worker holds the relevant high risk work\nlicence for that high risk work.\nkeep a record of the written evidence provided—\n(a) under subsection (1) or (2)—for at least 1 year after the high risk\nwork is carried out;\n\n(b) under subsection (3)—for at least 1 year after the last occasion\non which the worker performs the supervision work.\nSubdivision 4.5.1.2 Licensing process\n","sortOrder":110},{"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 (High\nrisk work licences—competency requirements) may apply for a high\nrisk work licence.\n","sortOrder":111},{"sectionNumber":"87","sectionType":"section","heading":"Application for high risk work licence","content":"87 Application for high risk work licence\n(1) This section applies to an application for a high risk work licence.\n(a) the applicant’s name and home address;\n(b) a photograph of the applicant in the form required by the\n(c) evidence of the applicant’s age;\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 VET\ncourse, or each of the specified VET courses, for the high\nrisk work licence applied for; and\n\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 this\nregulation 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 entered\ninto an enforceable undertaking under the Act or under any\ncorresponding 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 under\na corresponding WHS law, a declaration—\n(i) describing any condition imposed on that licence; and\n(ii) stating whether or not that licence had been suspended or\ncancelled and, if so, whether or not the applicant had been\ndisqualified from applying for any licence; and\n\n(iii) giving details of any suspension, cancellation or\ndisqualification.\n","sortOrder":112},{"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 applicant\nto provide additional information.\nstated, the application is to be taken to have been withdrawn.\n","sortOrder":113},{"sectionNumber":"89","sectionType":"section","heading":"Decision on application","content":"89 Decision on application\n(1) Subject to subsection (3), the regulator must grant a high risk work\nlicence if satisfied about the matters mentioned in subsection (2).\n\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(d) the applicant is at least 18 years of age;\n(e) the applicant has provided the certification required under\nsection 87 (2) (f) (Application for high risk work licence);\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 satisfied\n(a) the applicant is disqualified under a corresponding WHS law\nfrom holding an equivalent licence; or\n(b) the applicant, in making the application, has—\n(i) given information that is false or misleading in a material\nbeen given.\n(4) If the regulator decides to grant the licence, it must notify the\nunder section 88 (Additional information), the regulator is taken to\nhave refused to grant the licence applied for.\nNote A refusal to grant a high risk work licence (including under s (5)) is a\n\n","sortOrder":114},{"sectionNumber":"90","sectionType":"section","heading":"Matters to be taken into account","content":"90 Matters to be taken into account\nFor the purposes of section 89 (2) (f), the regulator must have regard\nto all relevant matters, including the following:\ncorresponding WHS law of which the applicant has been\n(b) in relation to any equivalent licence applied for or held by the\napplicant under the Act or this regulation or under a\n(c) any enforceable undertaking the applicant has entered into under\n(d) the applicant’s record in relation to any matters arising under the\nAct or this regulation or under a corresponding WHS law.\n","sortOrder":115},{"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—\nand\n(b) advising the applicant that the applicant may, by a stated date\n\nproposed refusal to grant the licence—consider that submission;\nand\nNote A decision to refuse to grant a licence is a reviewable decision\n","sortOrder":116},{"sectionNumber":"91A","sectionType":"section","heading":"Conditions of licence","content":"91A Conditions of licence\na high risk work licence.\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(2A) A licence under this division includes a condition that, if the licensee\nis issued with an infringement notice under the Magistrates Court\n\n(3) The regulator must give the licence-holder written notice of any\nconditions imposed by the licence.\n","sortOrder":117},{"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":118},{"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 the\ninclusion of a copy signature;\n(e) the class of high risk work licence and a description of the work\nwithin the scope of the licence;\n(f) the date on which the licence was granted;\n(g) the expiry date of the licence.\n(3) For the purposes of subsection (2) (e), if the regulator grants more\nthan 1 class of high risk work licence to a person, the licence\ndocument must contain a description of each class of licence and the\nwork that is within the scope of each licence.\n\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 section 92 (Duration of licence), if a licence document is\nissued under subsection (4), the licences to which that licence\ndocument related expire on the date that the first of those licences\nexpires.\n","sortOrder":119},{"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\nlicence-holder’s possession because—\n(a) it has been returned to the regulator under section 97\n(Licence-holder to return licence); or\n(b) the licence-holder has applied for, but has not received, a\nreplacement licence document under section 98 (Replacement\nlicence document).\n","sortOrder":120},{"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 of\nthe competency of the licence-holder to carry out the high risk work\ncovered by the licence if the regulator reasonably believes that the\nlicence-holder may not be competent to carry out that work.\n1 the training or competency assessment of the licence-holder did not meet the\nstandard required to hold the licence\n2 the regulator receives information that the licence-holder has carried out high\nrisk work incompetently\n\nSubdivision 4.5.1.3 Amendment of licence document\n","sortOrder":121},{"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 home address, within 14 days of the change\noccurring.\n","sortOrder":122},{"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 return\nthe licence document to the regulator for amendment at the written\nrequest of the regulator and within the time stated in the request.\n","sortOrder":123},{"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(2) If a licence document is lost, stolen or destroyed, the licence-holder\nmay apply to the regulator for a replacement document.\nNote A licence-holder is required to keep the licence document available for\ninspection (see s 94).\n\n(4) An application for a replacement licence document must include a\ndeclaration describing the circumstances in which the original\ndocument was lost, stolen or destroyed.\n(5) The regulator must issue a replacement licence document if satisfied\n(6) If the regulator refuses to issue a replacement licence document, it\nmust give the licence-holder written notice of this decision, including\nthe reasons for the decision, within 14 days after making the decision.\nNote A decision to refuse to replace a licence is a reviewable decision (see\ns 676).\n","sortOrder":124},{"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.\nSubdivision 4.5.1.4 Renewal of high risk work licence\n","sortOrder":125},{"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\n","sortOrder":126},{"sectionNumber":"101","sectionType":"section","heading":"Application for renewal","content":"101 Application for renewal\n(1) This section applies to an application for renewal of a high risk work\n(a) the name and home address of the applicant;\n(b) if required by the regulator, a photograph of the applicant in the\nform 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 his\nor her competency to carry out the high risk work, including by\nobtaining any reassessment directed under section 95\n(Reassessment of competency of licence-holder).\n(3) The application must be made before the expiry of the licence.\n","sortOrder":127},{"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 section 101 for the renewal of a high\nrisk work licence, the licence is taken to continue in force from the\nday it would, apart from this section, have expired until the\nlicence-holder is given notice of the decision on the application.\n\n","sortOrder":128},{"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 regulator\nallows.\nNote 1 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 mentioned in par (a) or (b) would be an application for a\nnew licence under s 87.\nNote 2 It is an offence to make a false or misleading statement, give false or\n","sortOrder":129},{"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) section 88 (Additional information) applies as if a reference in\n(b) section 89 (except subsection (5)) (Decision on application),\nsection 90 (Matters to be taken into account), section 91A\n(Conditions of licence) and section 92 (Duration of licence)\napply as if a reference in those sections to the grant of a licence\nwere a reference to the renewal of a licence; and\n(c) section 91 (Refusal to grant high risk work licence—process)\napplies as if a reference in that section to a refusal to grant a\nlicence were a reference to a refusal to renew a licence.\n\n(2) The regulator may renew a high risk work licence granted to a person\nunder a corresponding WHS law unless that licence is renewed under\nthat law.\n","sortOrder":130},{"sectionNumber":"105","sectionType":"section","heading":"Status of licence during review","content":"105 Status of licence during review\n(1) This section applies if the regulator gives a licence-holder written\nnotice of its decision to refuse to renew the licence.\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, the\nlicence continues to have effect until the earlier of the following\n(4) If the licence-holder does not apply for an external review, the licence\ncontinues to have effect until the end of the time for applying for an\nexternal review.\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 section even if its\n\nSubdivision 4.5.1.5 Suspension and cancellation of high risk\nwork licence\n","sortOrder":131},{"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 1 or more of the following:\n(a) the licence-holder has failed to take reasonable care to carry out\nthe 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 section 95 (Reassessment of\ncompetency of licence-holder);\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 certification\nthat was obtained on the basis of the giving of false or\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\n(b) another licence under this regulation to carry out work which\nrequires skills that are the same as or similar to those required\nfor the work authorised by the licence that has been suspended\nor 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 subsection (3) takes effect when the\nsuspension of the licence ends.\nNote 1 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\nNote 2 A variation of licence conditions is a reviewable decision (see s 676).\n","sortOrder":132},{"sectionNumber":"107","sectionType":"section","heading":"Matters taken into account","content":"107 Matters taken into account\n(1) In making a decision under section 106, the regulator must have\nregard to—\n(a) any submissions made by the licence-holder under section 108;\nand\n(b) any advice received from a corresponding regulator.\n(2) For the purposes of section 106 (1) (a), the regulator must have regard\nto all relevant matters, including the following:\ncorresponding WHS law, of which the licence-holder has been\n\n(b) in relation to any equivalent licence applied for or held by the\nlicence-holder under the Act or this regulation or under a\n(c) any enforceable undertaking the licence-holder has entered into\nunder the Act or a corresponding WHS law;\n(d) the licence-holder’s record in relation to any matters arising\nunder the Act or this regulation or under a corresponding\nWHS law.\n","sortOrder":133},{"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 subsection (1) must—\n(a) outline all relevant allegations, facts and circumstances known\n(b) advise the licence-holder that the licence-holder may, by a stated\ndate (being not less than 28 days after giving the notice), make\na submission in relation to the proposed suspension or\ncancellation, any proposed disqualification and any proposed\nvariation of licence conditions.\n\n","sortOrder":134},{"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 section 106 (Suspension or cancellation of licence) to\nsuspend or cancel a high risk work licence within 14 days after\nmaking the decision.\n(iii) whether the licence-holder is required to undergo\nthe suspension ends; and\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—\n(A) the variation; and\n(B) that the variation will take effect when the suspension\nends; and\n(iii) whether or not the licence-holder is disqualified from\napplying for a further licence; and\n\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\nthe disqualification ends; and\n(iv) any other class of high risk work licence or other licence\nunder this regulation the licence-holder is disqualified from\napplying for during the period of suspension or\ndisqualification; and\n","sortOrder":135},{"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\nmentioned in section 106 (Suspension or cancellation of licence)\nwithout giving notice under section 108 (Notice to and submissions\nby licence-holder) 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 licence\nheld by the licence-holder under this section as applying in the\n(a) the regulator must give the licence-holder written notice of the\nsuspension and the reasons for the suspension; and\n\n(a) give notice under section 108 within 14 days after giving the\n(b) make its decision under section 106.\nsuspension ends at the end of the 14-day period.\nsuspended until the decision is made under section 106.\n","sortOrder":136},{"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 section 109 (Notice of\n","sortOrder":137},{"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 must\nreturn the licence document to the licence-holder within 14 days after\nthe licence suspension ends.\n\nDemolition work Part 4.6\n","sortOrder":138},{"sectionNumber":"142","sectionType":"section","heading":"Notice of demolition work","content":"142 Notice of demolition work\n(1) Subject to subsection (3), 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 section at least 5 days before the\nwork commences:\n(a) demolition of a structure, or a part of a structure that is\nload-bearing or otherwise related to the physical integrity of the\nstructure, that is at least 6m in height;\n(b) demolition work involving load shifting machinery on a\nsuspended floor;\n(c) demolition work involving explosives;\n(d) demolition of a structure or part of a structure that contains, or\nhas contained, loose-fill asbestos insulation.\nNote 2 If a form is approved under the Act, s 277 for the notice, the form must\nbe used.\n(2) Subsection (3) applies to an emergency service organisation in\nrelation to demolition work carried out or proposed to be carried out\nby an emergency services worker at the direction of the emergency\nservice organisation in responding to an emergency.\n\n(3) An emergency service organisation must give notice under\nsubsection (1) as soon as practicable (whether before or after the work\nis carried out).\n(4) In this section, a reference to the height of a structure is a reference\nto the height of the structure measured from the lowest level of the\nground immediately adjacent to the base of the structure at the point\nat which the height is to be measured to its highest point.\nloose-fill asbestos insulation—see the Dangerous Substances\nAct 2004, section 47I.\n\nPreliminary Division 4.7.1\n","sortOrder":139},{"sectionNumber":"Part 4","sectionType":"part","heading":"7 General electrical safety in","content":"Part 4.7 General electrical safety in\nworkplaces and energised\nelectrical work\n","sortOrder":140},{"sectionNumber":"144","sectionType":"section","heading":"Meaning of electrical equipment—pt 4.7","content":"144 Meaning of electrical equipment—pt 4.7\n(1) In this part:\n(a) means any apparatus, appliance, cable, conductor, fitting,\ninsulator, material, meter or wire that—\n(i) is used for controlling, generating, supplying, transforming\nor transmitting electricity at a voltage greater than\nextra-low voltage; or\n(ii) is operated by electricity at a voltage greater than extra-low\nvoltage; or\n(iii) is part of an electrical installation located in an area in\nwhich the atmosphere presents a risk to health and safety\nfrom fire or explosion; or\n(iv) is, or is part of, an active impressed current cathodic\nprotection system within the meaning of AS 2832.1:2015\n(Cathodic protection of metals—Pipes and cables); but\nNote AS 2832.1:2015 does not need to be notified under the\nLegislation Act, s 47 (7)). The standard may be purchased\nat www.standards.org.au.\n\n(b) does not include any apparatus, appliance, cable, conductor,\nfitting, insulator, material, meter or wire that is part of a vehicle\nthat is a car or motorcycle if—\n(i) the equipment is part of a unit of the vehicle that provides\npropulsion for the vehicle; or\n(ii) the electricity source for the equipment is a unit of the\nvehicle that provides propulsion for the vehicle.\ncar—see the Road Transport (Vehicle Registration)\nmotorbike—see the Road Transport (Vehicle Registration)\nmotorcycle means a motorbike or motortrike.\nmotortrike—see the Road Transport (Vehicle Registration)\n","sortOrder":141},{"sectionNumber":"145","sectionType":"section","heading":"Meaning of electrical installation—pt 4.7","content":"145 Meaning of electrical installation—pt 4.7\n(1) In this part:\nelectrical installation means a group of items of electrical equipment\n(a) are permanently electrically connected together; and\n(b) can be supplied with electricity from the works of an electricity\nsupply authority or from a generating source.\n(2) An item of electrical equipment may be part of more than 1 electrical\ninstallation.\n\nPreliminary Division 4.7.1\n(3) In subsection (1) (a)—\n(a) an item of electrical equipment connected to electricity by a plug\nand socket outlet is not permanently electrically connected; and\n(b) connection achieved through using works of an electricity\nsupply authority is not a consideration in determining whether\nor not electrical equipment is electrically connected.\n","sortOrder":142},{"sectionNumber":"146","sectionType":"section","heading":"Meaning of electrical work—pt 4.7","content":"146 Meaning of electrical work—pt 4.7\nelectrical work—\n(a) means—\n(i) connecting electricity supply wiring to electrical\nequipment or disconnecting electricity supply wiring from\nelectrical equipment; or\n(ii) installing, removing, adding, testing, replacing, repairing,\naltering or maintaining electrical equipment or an electrical\ninstallation; but\n(b) does not include the following:\n(i) work that involves connecting electrical equipment to an\nelectricity supply by means of a flexible cord plug and\nsocket outlet;\n(ii) work on a non-electrical component of electrical\nequipment, if the person carrying out the work is not\nexposed to an electrical risk;\npainting electrical equipment covers and repairing hydraulic\ncomponents of an electrical motor\n\n(iii) replacing electrical equipment or a component of electrical\nequipment if that task can be safely performed by a person\nwho does not have expertise in carrying out electrical\nreplacing a fuse or a light bulb\n(iv) assembling, making, modifying or repairing electrical\nequipment as part of a manufacturing process;\n(v) building or repairing ducts, conduits or troughs, where\nelectrical wiring is or will be installed if—\n(A) the ducts, conduits or troughs are not intended to be\nearthed; and\n(B) the wiring is not energised; and\n(C) the work is supervised by a licensed electrical worker;\n(vi) locating or mounting electrical equipment, or fixing\nelectrical equipment in place, if this task is not performed\nin relation to the connection of electrical equipment to an\nelectricity supply;\n(vii) assisting a licensed electrical worker to carry out electrical\nwork if—\n(A) the assistant is directly supervised by the licensed\nelectrical worker; and\n(B) the assistance does not involve physical contact with\nany energised electrical equipment;\n(viii) carrying out electrical work, other than work on energised\nelectrical equipment, in order to meet eligibility\nrequirements in relation to becoming a licensed electrical\n\nGeneral risk management Division 4.7.2\nDivision 4.7.2 General risk management\n","sortOrder":143},{"sectionNumber":"147","sectionType":"section","heading":"Risk management—Act, s 19","content":"147 Risk management—Act, s 19\nmanage risks to health and safety associated with electrical risks at\nthe workplace, in accordance with part 3.1 (Managing risks to health\nand safety).\nelectrical risks associated with the design, construction, installation, protection,\nmaintenance and testing of electrical equipment and electrical installations at a\nworkplace\nDivision 4.7.3 Electrical equipment and electrical\ninstallations\n","sortOrder":144},{"sectionNumber":"148","sectionType":"section","heading":"Electrical equipment and electrical installations—div 4.7.3","content":"148 Electrical equipment and electrical installations—div 4.7.3\nIn this division, a reference to electrical equipment or an electrical\ninstallation in relation to a person conducting a business or\nundertaking is a reference to electrical equipment or an electrical\ninstallation that is under the person’s management or control.\n","sortOrder":145},{"sectionNumber":"149","sectionType":"section","heading":"Unsafe electrical equipment","content":"149 Unsafe electrical equipment\nensure that any unsafe electrical equipment at the workplace—\n(a) is disconnected (or isolated) from its electricity supply; and\n(b) once disconnected (or isolated)—\n(i) is not reconnected until it is repaired or tested and found to\nbe safe; or\n\nDivision 4.7.3 Electrical equipment and electrical installations\n(ii) is replaced or permanently removed from use.\n(2) For the purposes of this section, electrical equipment or a component\nof electrical equipment is unsafe if there are reasonable grounds for\nbelieving it to be unsafe.\n","sortOrder":146},{"sectionNumber":"150","sectionType":"section","heading":"Inspection and testing of electrical equipment","content":"150 Inspection and testing of electrical equipment\nensure that electrical equipment is regularly inspected and tested by a\ncompetent person if the electrical equipment is—\n(a) supplied with electricity through an electrical socket outlet; and\n(b) used in an environment in which the normal use of electrical\nequipment exposes the equipment to operating conditions that\nare likely to result in damage to the equipment or a reduction in\nits expected life span, including conditions that involve\nexposure to moisture, heat, vibration, mechanical damage,\ncorrosive chemicals or dust.\n(2) In the case of electrical equipment that is new and unused at the\nworkplace, the person conducting the business or undertaking—\n(a) is not required to comply with subsection (1); and\n\nElectrical equipment and electrical installations Division 4.7.3\n(b) must ensure that the equipment is inspected for obvious damage\nbefore being used.\nNote 2 However, electrical equipment that is unsafe must not be used (see s 149).\n(3) The person must ensure that a record of any testing carried out under\nsubsection (1) is kept until the electrical equipment is—\n(a) next tested; or\n(b) permanently removed from the workplace or disposed of.\n(4) The record of testing—\n(a) must state the following:\n(i) the name of the person who carried out the testing;\n(ii) the date of the testing;\n(iii) the outcome of the testing;\n(iv) the date on which the next testing must be carried out; and\n(b) may be in the form of a tag attached to the electrical equipment\ntested.\n","sortOrder":147},{"sectionNumber":"151","sectionType":"section","heading":"Untested electrical equipment not to be used","content":"151 Untested electrical equipment not to be used\nA person conducting a business or undertaking must ensure, so far as\nis reasonably practicable, that electrical equipment is not used if the\nequipment—\n(a) is required to be tested under section 150; or\n\n(b) has not been tested.\nDivision 4.7.4 Electrical work on energised electrical\n","sortOrder":148},{"sectionNumber":"152","sectionType":"section","heading":"Application—div 4.7.4","content":"152 Application—div 4.7.4\nThis division does not apply to work carried out by or on behalf of an\nelectricity supply authority on the electrical equipment, including\nelectric line-associated equipment, controlled or operated by the\nauthority to transform, transmit or supply electricity.\n","sortOrder":149},{"sectionNumber":"153","sectionType":"section","heading":"Persons conducting a business or undertaking—div 4.7.4","content":"153 Persons conducting a business or undertaking—div 4.7.4\nIn this division (except section 156 (De-energised equipment must\nnot be inadvertently re-energised), section 159 (Unauthorised access\nto equipment being worked on) and section 160 (Contact with\nequipment being worked on)), a reference to a person conducting a\nbusiness or undertaking in relation to electrical work is a reference\nto the person conducting the business or undertaking who is carrying\nout the electrical work.\n","sortOrder":150},{"sectionNumber":"154","sectionType":"section","heading":"Electrical work on energised electrical equipment—","content":"154 Electrical work on energised electrical equipment—\nprohibited\nSubject to this division, a person conducting a business or\nundertaking must ensure that electrical work is not carried out on\nelectrical equipment while the equipment is energised.\n\n","sortOrder":151},{"sectionNumber":"155","sectionType":"section","heading":"Duty to determine whether equipment is energised","content":"155 Duty to determine whether equipment is energised\n(1) A person conducting a business or undertaking must ensure that,\nbefore electrical work is carried out on electrical equipment, the\nequipment is tested by a competent person to determine whether or\nnot it is energised.\nNote 2 Section 157 allows electrical testing to be carried out on electrical\nequipment for the purposes of this section. Section 161 sets out how the\ntesting is to be carried out.\n(2) The person conducting a business or undertaking must ensure that—\n(a) each exposed part is treated as energised until it is isolated and\ndetermined not to be energised; and\n(b) each high-voltage exposed part is earthed after being\nde-energised.\n","sortOrder":152},{"sectionNumber":"156","sectionType":"section","heading":"De-energised equipment must not be inadvertently","content":"156 De-energised equipment must not be inadvertently\nre-energised\nelectrical equipment that has been de-energised to allow electrical\nwork to be carried out on it is not inadvertently re-energised while the\nwork is being carried out.\n\n","sortOrder":153},{"sectionNumber":"157","sectionType":"section","heading":"Electrical work on energised electrical equipment—when","content":"157 Electrical work on energised electrical equipment—when\npermitted\nelectrical work on energised electrical equipment is not carried out\n(a) it is necessary in the interests of health and safety that the\nelectrical work is carried out on the equipment while the\nequipment is energised; or\nIt may be necessary that life-saving equipment remain energised and\noperating while electrical work is carried out on the equipment.\n(b) it is necessary that the electrical equipment to be worked on is\nenergised in order for the work to be carried out properly; or\n(c) it is necessary for the purposes of testing required under\nsection 155 (Duty to determine whether equipment is\nenergised); or\n(d) there is no reasonable alternative means of carrying out the\n(2) The electrical work that may be carried out under subsection (1) (a),\n(b) and (d) may include testing of the energised electrical equipment.\n","sortOrder":154},{"sectionNumber":"158","sectionType":"section","heading":"Preliminary steps","content":"158 Preliminary steps\n(1) A person conducting a business or undertaking must ensure the\nfollowing before electrical work on energised electrical equipment\ncommences:\n(a) a risk assessment is conducted in relation to the proposed\nelectrical work;\n\n(b) the area where the electrical work is to be carried out is clear of\nobstructions so as to allow for easy access and exit;\n(c) the point at which the electrical equipment can be disconnected\nor isolated from its electricity supply is—\n(i) clearly marked or labelled; and\n(ii) clear of obstructions so as to allow for easy access and exit\nby the worker who is to carry out the electrical work or any\nother competent person; and\n(iii) capable of being operated quickly;\n(d) the person authorises the electrical work after consulting with\nthe person with management or control of the workplace.\n(2) For the purposes of subsection (1) (a), the risk assessment must be—\n(a) conducted by a competent person; and\n(b) recorded.\nNote Section 12 permits risk assessments to be conducted, in certain\ncircumstances, to a class of hazards, tasks, things or circumstances.\n(3) Subsection (1) (c) does not apply to electrical work on electrical\nequipment if—\n(a) the work is to be carried out on the supply side of the main\nswitch on the main switchboard for the equipment; and\n(b) the point at which the equipment can be disconnected from its\nelectricity supply is not reasonably accessible from the work\nlocation.\n\n","sortOrder":155},{"sectionNumber":"159","sectionType":"section","heading":"Unauthorised access to equipment being worked on","content":"159 Unauthorised access to equipment being worked on\nA person conducting a business or undertaking must ensure that only\npersons authorised by the person conducting the business or\nundertaking enter the immediate area in which electrical work on\nenergised electrical equipment is being carried out.\n","sortOrder":156},{"sectionNumber":"160","sectionType":"section","heading":"Contact with equipment being worked on","content":"160 Contact with equipment being worked on\nA person conducting a business or undertaking must ensure that,\nwhile electrical work is being carried out on energised electrical\nequipment, all persons are prevented from creating an electrical risk\nby inadvertently making contact with an exposed energised\ncomponent of the equipment.\n","sortOrder":157},{"sectionNumber":"161","sectionType":"section","heading":"How the work is to be carried out","content":"161 How the work is to be carried out\nelectrical work on energised electrical equipment is carried out—\n(a) by a competent person who has tools, testing equipment and\npersonal protective equipment that—\n(i) are suitable for the work; and\n(ii) have been properly tested; and\n(iii) are maintained in good working order; and\n(b) in accordance with a safe work method statement prepared for\nthe work; and\n\n(c) subject to subsection (5), with a safety observer present who has\nthe competence and qualifications stated in subsection (4).\n(2) The person conducting a business or undertaking must ensure, so far\nas is reasonably practicable, that the person who carries out the\nelectrical work uses the tools, testing equipment and personal\nprotective equipment properly.\n(3) For the purposes of subsection (1) (b), the safe work method\nstatement must—\n(a) identify the electrical work; and\n(b) state hazards associated with that electrical work and risks\nassociated with those hazards; and\n(c) describe the measures to be implemented to control the risks;\nand\n(d) describe how the risk control measures are to be implemented,\nmonitored and reviewed.\n(4) For the purposes of subsection (1) (c)—\n(a) the safety observer must be competent—\n(i) to implement control measures in an emergency; and\n(ii) to rescue and resuscitate the worker who is carrying out the\nwork, if necessary; and\n(b) the safety observer must have been assessed in the previous\n12 months as competent to rescue and resuscitate a person.\n\n(5) A safety observer is not required if—\n(a) the work consists only of testing; and\n(b) the person conducting the business or undertaking has\nconducted a risk assessment under section 158 (1) (a)\n(Preliminary steps) that shows that there is no serious risk\nassociated with the proposed work.\n","sortOrder":158},{"sectionNumber":"162","sectionType":"section","heading":"Record keeping","content":"162 Record keeping\nprepares—\n(a) a risk assessment under section 158 (Preliminary steps); or\n(b) a safe work method statement under section 161.\n(b) a copy of the safe work method statement until the work to\nwhich it relates is completed.\nthe assessment or statement relates, the person must keep the\nassessment or statement (as applicable) for at least 2 years after the\n\nElectrical equipment and installations and construction work—additional\nduties\nDivision 4.7.5\nor statement must be kept under this section, a copy is readily\naccessible to any worker engaged by the person to carry out electrical\nwork to which the assessment or statement relates.\nor statement must be kept under this section, a copy is available for\nDivision 4.7.5 Electrical equipment and installations\nand construction work—additional\nduties\n","sortOrder":159},{"sectionNumber":"163","sectionType":"section","heading":"Duty of person conducting business or undertaking","content":"163 Duty of person conducting business or undertaking\ncarrying out of construction work must comply with\nAS/NZS 3012:2019 (Electrical installations—Construction and\ndemolition sites).\nNote 2 AS/NZS 3012:2019 does not need to be notified under the\nLegislation Act because s 47 (5) does not apply (see s 15 and the\n\n(2) For the purposes of subsection (1), AS/NZS 3012:2019 (Electrical\ninstallations—Construction and demolition sites) applies as if any\nterm that is defined in that Standard and that is also defined in the Act\nor this regulation has the same meaning as it has in the Act or this\nregulation.\n(3) If any requirement in AS/NZS 3012:2019 (Electrical installations—\nConstruction and demolition sites) deals with the same matter as a\nrequirement under this part, it is sufficient that the person conducting\nthe business or undertaking complies with the requirement in\nAS/NZS 3012:2019 as modified by subsection (2).\n","sortOrder":160},{"sectionNumber":"164","sectionType":"section","heading":"Use of socket outlets in hostile operating environment","content":"164 Use of socket outlets in hostile operating environment\n(1) This section applies in the following circumstances:\n(a) electrical equipment is used in an environment in which the\nnormal use of electrical equipment exposes the equipment to\noperating conditions that are likely to result in damage to the\nequipment or a reduction in its expected life span, including\nconditions that involve exposure to moisture, heat, vibration,\nmechanical damage, corrosive chemicals or dust;\n(b) electrical equipment is moved between different locations in\ncircumstances where damage to the equipment or to a flexible\nelectricity supply cord is reasonably likely;\n(c) electrical equipment is frequently moved during its normal use;\n(d) electrical equipment forms part of, or is used in connection with,\nan amusement device.\n\nResidual current devices Division 4.7.6\n(2) In a circumstance set out in subsection (1), a person conducting a\nbusiness or undertaking at a workplace must ensure, so far as is\nreasonably practicable, that any electrical risk associated with the\nsupply of electricity to the electrical equipment through a socket\noutlet is minimised by the use of an appropriate residual current\ndevice.\n(3) Without limiting subsection (2), the residual current device must have\na tripping current that does not exceed 30mA if electricity is supplied\nto the equipment through a socket outlet not exceeding 20A.\n(4) Subsection (2) does not apply if the supply of electricity to the\n(a) does not exceed 50V AC; or\n(b) is DC; or\n(c) is provided through an isolating transformer that provides at\nleast an equivalent level of protection; or\n(d) is provided from a non-earthed socket outlet supplied by an\nisolated winding portable generator that provides at least an\nequivalent level of protection.\nNote The Electricity Safety Act 1971 and the Building Act 2004 also deal with\nresidual current devices.\n\nDivision 4.7.7 Overhead and underground electric lines\n","sortOrder":161},{"sectionNumber":"165","sectionType":"section","heading":"Testing of residual current devices","content":"165 Testing of residual current devices\n(1) A person with management or control of a workplace must take all\nreasonable steps to ensure that residual current devices used at the\nworkplace are tested regularly by a competent person to ensure that\nthe devices are operating effectively.\n(2) The person must keep a record of all testing of a residual current\ndevice (other than any testing conducted daily) until the earlier of the\nfollowing occurs:\n(a) the device is next tested;\n(b) the device is permanently removed from use.\nDivision 4.7.7 Overhead and underground electric\nlines\n","sortOrder":162},{"sectionNumber":"166","sectionType":"section","heading":"Duty of person conducting a business or undertaking","content":"166 Duty of person conducting a business or undertaking\nensure, so far as is reasonably practicable, that no person, plant or\nthing at the workplace comes within an unsafe distance of an\noverhead or underground electric line.\n\nOverhead and underground electric lines Division 4.7.7\n(2) If it is not reasonably practicable to ensure the safe distance of a\nperson, plant or thing from an overhead or underground electric line,\nthe person conducting the business or undertaking at the workplace\nmust ensure that—\n(a) a risk assessment is conducted in relation to the proposed work;\nand\n(b) control measures implemented are consistent with—\n(i) the risk assessment; and\n(ii) if an electricity supply authority is responsible for the\nelectric line—any requirements for the authority under the\nElectricity Safety Act 1971, the Utilities Act 2000 and the\nUtilities (Technical Regulation) Act 2014.\nNote 2 The Electricity Safety Act 1971, the Utilities Act 2000 and the Utilities\n(Technical Regulation) Act 2014 will also apply to the person conducting\nthe business or undertaking.\n(3) An electricity supply authority is taken to have complied with this\nsection if the authority has complied with the requirements of the\nElectricity Safety Act 1971, the Utilities Act 2000 and the Utilities\n(Technical Regulation) Act 2014 relating to the work of an electricity\nsupply authority.\n\n","sortOrder":163},{"sectionNumber":"167","sectionType":"section","heading":"Purpose—pt 4.8","content":"167 Purpose—pt 4.8\nThe purpose of this part is to impose duties on a person conducting a\nbusiness 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.\nDivision 4.8.2 General diving work—fitness and\ncompetence of worker\n","sortOrder":164},{"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\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":165},{"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(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 general\ndiving work, including, in the case of a person who is under\n18 years of age, any particular conditions applicable to the\nage of the person.\n\nDivision 4.8.2 General diving work—fitness and competence of worker\n","sortOrder":166},{"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.\n","sortOrder":167},{"sectionNumber":"171","sectionType":"section","heading":"Competence of worker—general diving work—","content":"171 Competence of worker—general diving work—\nqualifications—Act, s 44\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 acquired\nthe relevant competencies for that type of general diving work.\n(2) This section does not apply in relation to incidental diving work or\nlimited scientific diving work.\nrelevant competencies means the competencies stated in\nAS/NZS 2815 (Training and certification of occupational divers) that\nare relevant to the type of general diving work to which subsection (1)\napplies.\nNote AS/NZS 2815 does not need to be notified under the Legislation Act\n","sortOrder":168},{"sectionNumber":"171A","sectionType":"section","heading":"Competence of worker—general diving work—knowledge","content":"171A Competence of worker—general diving work—knowledge\nand skill—Act, s 44\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\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 proposed\nto be carried out;\n(g) diving physiology, emergency procedures and first aid.\n","sortOrder":169},{"sectionNumber":"172","sectionType":"section","heading":"Competence of worker—incidental diving work—Act, s 44","content":"172 Competence of worker—incidental diving work—Act, s 44\n(1) A person must not carry out incidental diving work unless the\nperson—\n(a) has the knowledge and skill mentioned in section 171A; and\n(b) has relevant diving experience; and\n(c) is accompanied and supervised in the water by a person who has\nthe competencies mentioned in section 171.\n(2) In this section, a person has relevant diving experience if the person\nhas logged at least 15 hours of diving, of which at least 8 hours and\n20 minutes were spent diving between 10m above and any depth\nbelow the maximum depth at which the diving work is to be carried\nout.\n\nDivision 4.8.2 General diving work—fitness and competence of worker\n","sortOrder":170},{"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\nsection 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 section, a person has relevant diving experience if the person\nhas logged at least 60 hours diving of which at least 8 hours and\n20 minutes were spent diving between 10m above and any depth\nbelow the maximum depth at which the limited scientific diving work\nis to be carried out.\n","sortOrder":171},{"sectionNumber":"174","sectionType":"section","heading":"Competence of competent person supervising general","content":"174 Competence of competent person supervising general\ndiving work—Act, s 44\nA person appointed under section 177 (Appointment of competent\nperson to supervise diving work) must not perform any function\nassociated with that appointment unless the person has—\n(a) the qualification stated in section 171; and\n(b) experience in the type of diving work to be supervised.\n\n","sortOrder":172},{"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.\nnot direct or allow a person appointed under section 177\n(Appointment of competent person to supervise diving work) to\nperform any of the functions associated with that appointment unless\nthe person conducting the business or undertaking sees written\nevidence provided by the person appointed that the person appointed\nhas the competence required under section 174.\n(3) A person conducting a business or undertaking must keep the written\nevidence given to the person—\n(a) under subsection (1)—for at least 1 year after the diving work is\ncarried out; and\n(b) under subsection (2)—for at least 1 year after the last occasion\non which the person performs a function associated with the\nappointment.\n\n","sortOrder":173},{"sectionNumber":"176","sectionType":"section","heading":"Management of risks to health and safety—Act, s 19","content":"176 Management of risks to health and safety—Act, s 19\nmanage risks to health and safety associated with general diving\nwork, in accordance with part 3.1 (Managing risks to health and\nsafety).\n(2) A person conducting a business or undertaking must ensure that a risk\nassessment is conducted by a competent person for the purposes of\nsubsection (1).\n(3) The person must ensure that a risk assessment conducted under\nsubsection (2) is recorded in writing.\n","sortOrder":174},{"sectionNumber":"177","sectionType":"section","heading":"Appointment of competent person to supervise diving","content":"177 Appointment of competent person to supervise diving\nwork\nappoint 1 or more competent persons to—\n(a) supervise general diving work carried out in the business or\n\n(b) perform other functions under this division.\nNote 2 See s 174 for the qualifications of the competent person.\n","sortOrder":175},{"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 dive\nplan for the dive—\n(a) is prepared by a competent person appointed under section 177;\nor\n(b) has been prepared by a competent person appointed under\nsection 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 used\nin 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 in\nthe control of risks associated with those hazards;\n(f) emergency procedures.\n\n","sortOrder":176},{"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 is\ncarried out in accordance with the dive plan prepared for it.\n(2) A person conducting a business or undertaking must ensure that a\ncompetent person appointed by the person under section 177 gives\nworkers instruction in relation to the dive plan before commencing\nthe diving work to which the plan relates.\n","sortOrder":177},{"sectionNumber":"180","sectionType":"section","heading":"Additional control—dive safety log to be kept","content":"180 Additional control—dive safety log to be kept\nA person conducting a business or undertaking at a workplace where\ngeneral diving work is carried out must keep a dive safety log that\ncontains the following information about each dive carried out by a\nworker:\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 out;\n(c) the name of the competent person appointed under section 177\nto 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(g) any incident, difficulty, discomfort or injury that occurs or is\nexperienced during the dive;\n\n(h) if the dive was carried out using a dive computer—the dive time;\n(i) if the dive was carried out using dive tables—the repetitive dive\ngroup, if available, and either the bottom time or the dive time;\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 the\ngas; and\n(ii) the maximum operating depth of the mixed gas; and\n(iii) the minimum operating depth of the bottom mix.\n","sortOrder":178},{"sectionNumber":"181","sectionType":"section","heading":"Use of dive safety log","content":"181 Use of dive safety log\n(1) This section applies to a person conducting a business or undertaking\nat a workplace where general diving work is carried out.\n(2) The person conducting the business or undertaking must ensure that,\nafter each dive carried out in connection with the general diving work\nis completed, the return of each diver is verified in the dive safety log,\nas soon as practicable after the return, by—\n(a) the diver; and\n\n(b) a competent person appointed under section 177 to supervise the\ndiving 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 section 177 to supervise the diving\nwork makes and verifies entries in the dive safety log of the number\nof 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 that\nthe dive safety log is kept for at least 1 year after the last entry is\nmade.\n(5) In this section, an event is verified in the dive safety log—\n(a) by signing; or\n(b) if the log is electronic, by entering the verifier’s unique\nidentifier.\n\n","sortOrder":179},{"sectionNumber":"182","sectionType":"section","heading":"Record keeping","content":"182 Record keeping\nprepares—\n(a) a risk assessment under section 176 (Management of risks to\nhealth and safety—Act, s 19); or\n(b) a dive plan under section 178 (Additional control—dive plan).\n(b) a copy of the dive plan until the work to which it relates is\ncompleted.\nthe assessment or dive plan relates, the person must keep the\nassessment or dive plan (as applicable) for at least 2 years after the\nor dive plan must be kept under this section, a copy is readily\naccessible to any worker engaged by the person to carry out the work\nto which the assessment or dive plan relates.\n\nor dive plan must be kept under this section, a copy is available for\n","sortOrder":180},{"sectionNumber":"183","sectionType":"section","heading":"Duties of person conducting business or undertaking—","content":"183 Duties of person conducting business or undertaking—\nA person conducting a business or undertaking at a workplace where\nhigh risk diving work is carried out must ensure that the following are\nin accordance with AS/NZS 2299.1:2015 (Occupational diving\noperations—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.\nNote AS/NZS 2299.1:2015 does not need to be notified under the\n\nHigh risk diving work Division 4.8.4\n","sortOrder":181},{"sectionNumber":"184","sectionType":"section","heading":"Duty of worker—competence—Act, s 44","content":"184 Duty of worker—competence—Act, s 44\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 1 AS/NZS 2299.1:2015 does not need to be notified under the\nNote 2 See the Act, s 44.\n\nPart 5.1 General duties for plant and\nNote This part extends to plant outside the workplace as provided for in the\nAct, sch 1 (Application of Act to dangerous goods and high risk plant).\n","sortOrder":182},{"sectionNumber":"185","sectionType":"section","heading":"Application—pt 5.1 to plant","content":"185 Application—pt 5.1 to plant\n(1) Subject to this section, this part applies to all plant.\n(2) Subject to subsection (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—pt 5.1 to structures\nThis part applies to structures as provided in this part.\nDivision 5.1.2 Duties of persons conducting\ndesign plant\n187 Provision of information to manufacturer\nA designer of plant must ensure, when the design of the plant is made\navailable to the manufacturer of the plant, that the manufacturer is\nprovided with—\n(a) information to enable the plant to be manufactured in\naccordance with the design specifications; and\n\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 plant\nthat 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 are\nnecessary for the safe use of the plant; and\n(v) the emergency procedures (if any) that are required to be\nimplemented if there is a malfunction of the plant.\nNote 2 A designer also has duties under the Act, s 22 (Duties of persons\nconducting businesses or undertakings that design plant, substances or\nstructures).\n","sortOrder":183},{"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 there\nis a hazard in the design of plant for which the designer has not\nprovided a control measure, the designer must—\n(a) revise the information originally supplied to the manufacturer to\n(i) the risk is eliminated so far as is reasonably practicable; or\n(ii) if it is not reasonably practicable to eliminate the risk, the\nrisk is minimised so far as is reasonably practicable; or\n\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.\nNote 2 A designer also has duties under the Act, s 22 (Duties of persons\nconducting businesses or undertakings that design plant, substances or\nstructures).\n","sortOrder":184},{"sectionNumber":"189","sectionType":"section","heading":"Guarding","content":"189 Guarding\n(1) This section applies if a designer of plant uses guarding as a control\nmeasure.\n(2) The designer must ensure, so far as is reasonably practicable, that the\nguarding designed for that purpose will prevent access to the danger\npoint 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\nnecessary during operation, maintenance or cleaning of the\nplant—the guarding is a permanently fixed physical barrier; or\n(b) if access to the area of the plant requiring guarding is necessary\nduring operation, maintenance or cleaning of the plant—the\nguarding is an interlocked physical barrier that allows access to\nthe area being guarded at times when that area does not present\na risk and prevents access to that area at any other time; or\n\n(c) if it is not reasonably practicable to use guarding mentioned in\nparagraph (a) or (b)—the guarding used is a physical barrier that\ncan only be altered or removed by the use of tools; or\n(d) if it is not reasonably practicable to use guarding mentioned in\nparagraph (a), (b) or (c)—the design includes a\npresence-sensing safeguarding system that eliminates any risk\narising from the area of the plant requiring guarding while a\nperson or any part of a person is in the area being guarded.\n(4) The designer must ensure that the guarding is designed—\n(a) to be of solid construction and securely mounted so as to resist\nimpact 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 may\nbreak or cause workpieces to be ejected from the plant, the designer\nmust ensure, so far as is reasonably practicable, that the guarding will\ncontrol any risk from those broken or ejected parts and workpieces.\n\n(6) Despite anything to the contrary in this section, the designer must\nensure—\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 plant\nis not in normal operation; and\n(b) if the guarding is removed, that, so far as is reasonably\npracticable, the plant cannot be restarted unless the guarding is\nreplaced.\n","sortOrder":185},{"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 function\nand 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\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 out\nthe 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(ii) if it is not reasonably practicable to eliminate the risk, is\n","sortOrder":186},{"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 1 person\nand more than 1 emergency stop control is fitted, the designer of the\nplant must ensure that the design provides for the multiple emergency\nstop controls to be of the ‘stop and lock-off’ type so that the plant\ncannot be restarted after an emergency stop control has been used\nunless that emergency stop control is reset.\n\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 provides—\n(a) for the stop control to be prominent, clearly and durably marked\nand immediately accessible to each operator of the plant; 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","sortOrder":187},{"sectionNumber":"192","sectionType":"section","heading":"Warning devices","content":"192 Warning devices\n(1) This section 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 the\ndevice to be positioned on the plant to ensure the device will work to\nbest effect.\n\nDuties of persons conducting businesses or undertakings that\nDivision 5.1.3\nDivision 5.1.3 Duties of persons conducting\n193 Control of risk—Act, s 23\n(1) A manufacturer of plant must ensure the following:\n(a) that the plant is manufactured and inspected having regard to the\ninformation provided to the manufacturer by the designer of the\nplant under the Act and this regulation;\n(b) if the information provided to the manufacturer by the designer\nof the plant under the Act and this regulation requires the plant\nto be tested—that the plant is tested in accordance with that\ninformation;\n(c) if, during the manufacturing process, any hazard is identified in\nthe design of the plant for which the designer has not provided\na control measure—\n(i) that the hazard is not incorporated into the manufacture of\nthe plant; and\n(ii) that the designer of the plant is given written notice of the\nhazard 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 inform\nthe designer about the hazard in accordance with subsection (1)—\n(a) the risk is eliminated, so far as is reasonably practicable; or\n\n","sortOrder":188},{"sectionNumber":"Div 5","sectionType":"division","heading":"1.3 Duties of persons conducting businesses or undertakings that","content":"Division 5.1.3 Duties of persons conducting businesses or undertakings that\n(b) if it is not reasonably practicable to eliminate the risk, the risk is\nNote WHS Act—s 23 (see s 9).\n(3) A manufacturer to whom subsection (1) (c) applies must not\nmanufacture the plant until—\n(a) the designer gives the manufacturer the revised information or\nwritten instruction under section 188 (Hazard identified in\ndesign during manufacture); or\n(b) the manufacturer eliminates or minimises the risk under\nNote WHS Act—s 23 (see s 9).\n(4) If the designer notifies a manufacturer of plant under section 188, the\nmanufacturer may proceed in accordance with the designer’s original\n","sortOrder":189},{"sectionNumber":"194","sectionType":"section","heading":"Guarding","content":"194 Guarding\n(1) A manufacturer of plant must ensure that guarding used as a control\nmeasure is of solid construction and securely mounted so as to resist\nimpact or shock.\n(2) A manufacturer of plant must ensure—\n(a) that any guarding used as a control measure in relation to plant\nis of a kind that can be removed to allow maintenance and\ncleaning of the plant at any time that the plant is not in normal\noperation; and\n\nDuties of persons conducting businesses or undertakings that\nDivision 5.1.3\n(b) if the guarding is removed—that, so far as is reasonably\npracticable, the plant cannot be restarted unless the guarding is\nreplaced.\n","sortOrder":190},{"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 be\nprovided to the manufacturer by the designer of the plant\nunder—\n(i) the Act, section 22 (4) (a) and (c) (Duties of persons\nconducting businesses or undertakings that design plant,\nsubstances or structures); and\n(ii) section 187 (Provision of information to manufacturer);\nand\n(iii) section 188 (Hazard identified in design during\nmanufacture); and\n(b) ensure that a person to whom the manufacturer supplies the plant\nis, at the time of supply, provided with the information provided\nto the manufacturer by the designer under the Act,\nsection 22 (4) (a) and (c) and section 187; and\n\nDivision 5.1.4 Duties of persons conducting businesses or undertakings that import plant\n(c) if the manufacturer acts in accordance with\nsection 193 (1) (c) (Control of risk—Act, s 23)—ensure that a\nperson to whom the manufacturer supplies the plant is provided\nwith the information, applicable to the plant, that is required to\nbe provided by the designer under the Act, section 22 (4) (a)\nand (c) and section 188.\nDivision 5.1.4 Duties of persons conducting\nimport plant\n","sortOrder":191},{"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 a\nmanufacturer under the Act, section 23 (4) (a) and\n(c) (Duties of persons conducting businesses or\nundertakings that manufacture plant, substances or\nstructures); and\n(ii) the information that would be required to be provided by\nthe designer of the plant to the manufacturer under\nsection 187 (Provision of information to manufacturer)\nand section 188 (Hazard identified in design during\nmanufacture); and\n\nDuties of persons conducting businesses or undertakings that import plant Division 5.1.4\n","sortOrder":192},{"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 accordance\nwith 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 the\nrisks; 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.\n\nDivision 5.1.5 Duties of persons conducting businesses or undertakings that supply plant\nDivision 5.1.5 Duties of persons conducting\nsupply plant\n198 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 be\nprovided by the manufacturer under the Act, section 23 (4) (a)\nand (c) (Duties of persons conducting businesses or\nundertakings that manufacture plant, substances or structures)\nand this regulation; and\n(b) ensure that, when the plant is supplied, the person to whom the\nplant is supplied is given the information obtained by the\nsupplier under paragraph (a).\n","sortOrder":193},{"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 reasonably\npracticable, that any faults in the plant are identified.\n(2) A supplier of second-hand plant must ensure that the person to whom\nthe plant is supplied is, before the plant is supplied, given written\nnotice—\n(a) of the condition of the plant; and\n(b) of any faults identified under subsection (1); and\n\nconstruct or commission plant or structures\nDivision 5.1.6\n(c) if appropriate, that the plant should not be used until the faults\nare rectified.\n(3) This section does not apply to plant to be used for scrap or spare parts.\n","sortOrder":194},{"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 the\nplant is supplied, inform the person to whom the plant is supplied,\neither in writing or by marking the plant, that the plant is being\nsupplied for scrap or spare parts and that the plant in its current form\nis not to be used as plant.\nDivision 5.1.6 Duties of persons conducting\ninstall, construct or commission plant\nor structures\n","sortOrder":195},{"sectionNumber":"201","sectionType":"section","heading":"Duties of persons conducting businesses or","content":"201 Duties of persons conducting businesses or\nundertakings that install, construct or commission plant\nundertaking that installs, constructs or commissions plant that is to be\nused, or could reasonably be expected to be used, as, or at, a\n\nDivision 5.1.6 Duties of persons conducting businesses or undertakings that install,\nconstruct or commission plant or structures\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 this\nregulation; or\n(b) the instructions provided by a competent person to the extent\nthat those instructions relate to health and safety.\n","sortOrder":196},{"sectionNumber":"202","sectionType":"section","heading":"Duties of persons conducting businesses or","content":"202 Duties of persons conducting businesses or\nundertakings that install, construct or commission\nundertaking that installs, constructs or commissions a structure that is\nto be used, or could reasonably be expected to be used, as or at, a\n(2) The person must ensure that the structure is installed, constructed or\ncommissioned having regard to—\n(a) the information provided by the designer, manufacturer,\nimporter or supplier of the structure under the Act and this\nregulation; or\n(b) the instructions provided by a competent person to the extent\nthat those instructions relate to health and safety.\n\nDivision 5.1.7 General duties of a person\nconducting a business or undertaking\ninvolving the management or control\nof plant\nNote A person with management or control of plant at a workplace is the\nperson conducting a business or undertaking at the workplace to the\nextent that the business or undertaking involves the management or\ncontrol of plant in whole or in part at the workplace. See the dictionary,\ndefinition of person with management or control of plant at a workplace\nand the Act, s 21.\n","sortOrder":197},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"1.7.1 Management of risks","content":"Subdivision 5.1.7.1 Management of risks\n","sortOrder":198},{"sectionNumber":"203","sectionType":"section","heading":"Management of risks to health and safety—Act, s 21","content":"203 Management of risks to health and safety—Act, s 21\nA person with management or control of plant at a workplace must\nmanage risks to health and safety associated with plant, in accordance\nNote WHS Act—s 21 (see s 9).\nSubdivision 5.1.7.2 Additional control measures for general\n","sortOrder":199},{"sectionNumber":"204","sectionType":"section","heading":"Control of risks arising from installation or","content":"204 Control of risks arising from installation or\ncommissioning\n(1) A person with management or control of plant at a workplace must\nnot commission the plant unless the person has established that the\nplant is, so far as is reasonably practicable, without risks to the health\nand safety of any person.\n\n(2) A person with management or control of plant at a workplace must\nnot decommission or dismantle the plant unless the decommissioning\nor dismantling can be carried out, so far as is reasonably practicable,\nwithout risks to the health and safety of any person.\n(3) A person with management or control of plant at a workplace must\nensure that a person who installs, assembles, constructs, commissions\nor decommissions or dismantles the plant is a competent person.\n(4) A person with management or control of plant at a workplace must\nensure that a person who installs, assembles, constructs, commissions\nor decommissions or dismantles the plant is provided with the\navailable information for eliminating or minimising risks to health or\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 risks\nassociated with these activities are monitored.\n\n","sortOrder":200},{"sectionNumber":"205","sectionType":"section","heading":"Preventing unauthorised alterations to or interference","content":"205 Preventing unauthorised alterations to or interference\nwith plant\nThe person with management or control of plant at a workplace must,\nso far as is reasonably practicable, prevent alterations to or\ninterference with the plant that are not authorised by the person.\n","sortOrder":201},{"sectionNumber":"206","sectionType":"section","heading":"Proper use of plant and controls","content":"206 Proper use of plant and controls\ntake all reasonable steps to ensure that plant is used only for the\npurpose for which it was designed, unless the person has determined\nthat the proposed use does not increase the risk to health 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 the\nplant must ensure that the risk associated with the proposed use is\nassessed by a competent person.\n\n(3) The person with management or control of plant at a workplace must\ntake all reasonable steps to ensure that all health and safety features\nand warning devices (including guarding, operational controls,\nemergency stops and warning devices) are used in accordance with\nthe instructions and information provided by that person under\nsection 39 (Provision of information, training and instruction—Act,\ns 19).\n","sortOrder":202},{"sectionNumber":"207","sectionType":"section","heading":"Plant not in use","content":"207 Plant not in use\nThe person with management or control of plant at a workplace must\nensure, so far as is reasonably practicable, that plant that is not in use\nis left in a state that does not create a risk to the health or safety of\nany person.\n","sortOrder":203},{"sectionNumber":"208","sectionType":"section","heading":"Guarding","content":"208 Guarding\n(1) This section 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\nnecessary during operation, maintenance or cleaning of the\nplant, the guarding is a permanently fixed physical barrier; or\n\n(b) if access to the area of the plant requiring guarding is necessary\nduring operation, maintenance or cleaning of the plant, the\nguarding is an interlocked physical barrier that allows access to\nthe area being guarded at times when that area does not present\na risk and prevents access to that area at any other time; or\n(c) if it is not reasonably practicable to use guarding mentioned in\nparagraph (a) or (b), the guarding used is a physical barrier that\ncan only be altered or removed by the use of tools; or\n(d) if it is not reasonably practicable to use guarding mentioned in\nparagraph (a), (b) or (c), the guarding includes a\npresence-sensing safeguarding system that eliminates any risk\narising from the area of the plant requiring guarding while a\nperson 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 that\nthe 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\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\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 section, 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 plant\nis not in normal operation; and\n(b) if guarding is removed, that, so far as is reasonably practicable,\nthe plant cannot be restarted unless the guarding is replaced.\n","sortOrder":204},{"sectionNumber":"209","sectionType":"section","heading":"Guarding and insulation from heat and cold","content":"209 Guarding and insulation from heat and cold\nThe person with management or control of plant at a workplace must\nensure, so far as is reasonably practicable, that any pipe or other part\nof the plant associated with heat or cold is guarded or insulated so that\nthe plant is without risks to the health and safety of any person.\n\n","sortOrder":205},{"sectionNumber":"210","sectionType":"section","heading":"Operational controls","content":"210 Operational controls\nensure that any operator’s controls are—\n(a) identified on the plant so as to indicate their nature and function\nand 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 person\nwho is carrying out the maintenance or cleaning of the\nplant—cannot be operated except by a person authorised\nby the person with management or control of the plant for\nthat purpose; and\n\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":206},{"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 more\nthan 1 person and more than 1 emergency stop control is fitted, the\nperson with management or control of plant at the workplace must\nensure that the multiple emergency stop controls are of the ‘stop and\nlock-off’ type so that the plant cannot be restarted after an emergency\nstop control has been used unless that 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 control\nis coloured red; and\n\n(c) the stop control cannot be adversely affected by electrical or\nelectronic circuit malfunction.\n","sortOrder":207},{"sectionNumber":"212","sectionType":"section","heading":"Warning devices","content":"212 Warning devices\n(1) This section 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 that\nthe device is positioned on the plant to ensure that the device will\nwork to best effect.\n","sortOrder":208},{"sectionNumber":"213","sectionType":"section","heading":"Maintenance and inspection of plant","content":"213 Maintenance and inspection of plant\nensure that the maintenance, inspection and, if necessary, testing of\nthe plant is carried out by a competent person.\n(2) The maintenance, inspection and testing must be carried out—\n(a) in accordance with the manufacturer’s recommendations, if any;\nor\n(b) if there are no manufacturer’s recommendations, in accordance\nwith the recommendations of a competent person; or\n\n(c) in relation to inspection, if it is not reasonably practicable to\ncomply with paragraph (a) or (b), annually.\nSubdivision 5.1.7.3 Additional control measures for certain\nNote 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 the dictionary, definition\nof person with management or control of plant at a workplace and the\nAct, s 21.\n","sortOrder":209},{"sectionNumber":"214","sectionType":"section","heading":"Powered mobile plant—general control of risk—Act, s 21","content":"214 Powered mobile plant—general control of risk—Act, s 21\nThe person with management or control of powered mobile plant at a\nworkplace must in accordance with part 3.1 (Managing risks to health\nand safety), manage risks to health and safety associated with the\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 WHS Act—s 21 (see s 9).\n","sortOrder":210},{"sectionNumber":"215","sectionType":"section","heading":"Powered mobile plant—specific control measures","content":"215 Powered mobile plant—specific control measures\n(1) This section applies to a person with management or control of\npowered mobile plant at a workplace.\n\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 no\nperson other than the operator rides on the plant unless the person is\nprovided with a level of protection that is equivalent to that provided\nto 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 subsection (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 persons\nwho may be at risk from the movement of the plant.\n\n","sortOrder":211},{"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 with\na 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 may\nbe lowered or removed for the period during which the tractor is used\nin such a situation (but only if other measures to minimise the risk of\nroll-over are in place).\n(3) This section 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 560kg or a mass of 15 000kg\nor 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.\n","sortOrder":212},{"sectionNumber":"1","sectionType":"section","heading":"Historical activity—a historical display, parade, demonstration or","content":"1 Historical activity—a historical display, parade, demonstration or\nre-enactment.\n","sortOrder":213},{"sectionNumber":"2","sectionType":"section","heading":"Activity ancillary to a historical activity— restoring, maintaining, modifying","content":"2 Activity ancillary to a historical activity— restoring, maintaining, modifying\nor housing a tractor used, or to be used, for a historical activity.\nroll-over protective structure means a structure designed to protect a\ntractor operator from injury if the tractor rolls over in any direction.\nNote Section 214 and s 215 also apply to a tractor.\n\n","sortOrder":214},{"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 a\nworkplace 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 operator\nof the truck and other persons at or near the workplace that arise\nfrom systems of work and the environment in which the truck is\nused—\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 a\nworkplace must ensure that the truck is not used to carry a passenger\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(ii) located within the zone of protection that is provided by the\noperator protective device required to be fitted to the\nindustrial lift truck.\n\n(3) The person with management or control of an industrial lift truck at a\nworkplace must take all reasonable steps to ensure that a passenger in\nan industrial lift truck is seated in a seat that complies with\nsubsection (2) (b).\nNote 2 Section 214 and s 215 also apply to an industrial lift truck.\n","sortOrder":215},{"sectionNumber":"219","sectionType":"section","heading":"Plant that lifts or suspends loads","content":"219 Plant that lifts or suspends loads\n(1) This section applies in relation to plant that is used to lift or suspend\npersons or things.\n(2) The person with management or control of plant at a workplace must\nensure, so far as is reasonably practicable, that the plant used is\nspecifically designed to lift or suspend the load.\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 than\nif specifically designed plant were used; and\n(b) if the plant is lifting or suspending persons, the use of the plant\ncomplies with section 220.\n\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 lifted\nor 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 no\nloads are suspended or travel over a person unless the plant is\nspecifically designed for that purpose.\n(6) The person must ensure, so far as is reasonably practicable, that loads\nare lifted or suspended in a way that ensures that the load remains\nunder control during the activity.\n(7) The person must ensure, so far as is reasonably practicable, that no\nload is lifted simultaneously by more than 1 item of plant unless the\nmethod of lifting ensures that the load placed on each item of plant\ndoes not exceed the design capacity of the plant.\n\n","sortOrder":216},{"sectionNumber":"220","sectionType":"section","heading":"Exception—plant not specifically designed to lift or","content":"220 Exception—plant not specifically designed to lift or\nsuspend a person\n(1) For the purposes of section 219 (3) (b), the person with management\nor control of the plant at a workplace must ensure that—\n(a) the persons are lifted or suspended in a work box that is securely\nattached to the plant; and\n(b) the persons in the work box remain substantially within the work\nbox while they are being lifted or suspended; and\n(c) if there is a risk of a person falling from a height, a safety harness\nis provided and worn by the person in order to prevent, so far as\nis reasonably practicable, injury to the person as a result of the\nfall; 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 failure\nin its normal operation.\n(2) This section 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.\nNote Pt 4.4 (except s 79) applies to the matters in s (2).\n","sortOrder":217},{"sectionNumber":"221","sectionType":"section","heading":"Plant used in connection with tree lopping","content":"221 Plant used in connection with tree lopping\n(1) Section 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 a\nharness with a crane to place the person in a tree to carry out tree\nlopping does not create a greater risk to health or safety than\nusing plant specifically designed to lift a person or climb a tree;\nand\n\n(b) the tree lopping is carried out by a person who is a competent\nperson in the use of the harness mentioned in paragraph (a); and\n(c) a crane is used to put the competent person in the tree to lop it;\nand\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.\nNote AS/NZS 1891.1:2020 does not need to be notified under the\n","sortOrder":218},{"sectionNumber":"222","sectionType":"section","heading":"Industrial robots","content":"222 Industrial robots\n(1) This section applies to a person with management or control of an\nindustrial robot or other remotely or automatically energised plant at\na workplace.\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 control\nthe risks to health and safety.\n\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 area in\nthe 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":219},{"sectionNumber":"223","sectionType":"section","heading":"Lasers","content":"223 Lasers\n(1) This section applies to the person with management or control, at a\nworkplace, of laser equipment that may create a risk to health and\n(2) The person must ensure that laser equipment intended for use on plant\nis designed, constructed and installed so as to prevent accidental\nirradiation of any person.\n(3) The person must ensure that laser equipment on plant is protected so\nthat any operator of the plant or other person is not exposed to direct\nradiation, radiation produced by reflection or diffusion or secondary\nradiation.\n\n(4) The person must ensure that the visual equipment used for the\nobservation or adjustment of laser equipment on plant does not create\na 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(6) The person must ensure that Class 3B and Class 4 lasers (within the\nmeaning of AS 2397:2015—Safe use of lasers in the building and\nconstruction industry) are not used in construction work.\nNote AS 2397:2015 does not need to be notified under the Legislation Act\n","sortOrder":220},{"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\nperson; and\n\n(b) any gas cylinder that is inspected is marked with a current\ninspection mark showing the date of the most recent inspection.\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(b) a gas cylinder is only filled with gas for which that cylinder is\ndesigned.\n","sortOrder":221},{"sectionNumber":"225","sectionType":"section","heading":"Scaffolds","content":"225 Scaffolds\n(1) This section 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 4m.\n\n(2) The person with management or control of a scaffold at a workplace\nmust ensure that the scaffold is not used unless the person receives\nwritten confirmation from a competent person, who has inspected the\nscaffold, that construction of the scaffold has been completed.\n(3) The person with management or control of a scaffold at a workplace\nmust ensure that the scaffold and its supporting structure are\ninspected 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 with\nmanagement 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 by\na competent person before use of the scaffold is resumed.\n\n(5) The person with management or control of a scaffold at a workplace\nmust ensure that unauthorised access to the scaffold is prevented\nwhile the scaffold is incomplete or unattended.\n","sortOrder":222},{"sectionNumber":"226","sectionType":"section","heading":"Plant with presence-sensing safeguarding system—","content":"226 Plant with presence-sensing safeguarding system—\nrecords\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 the\nplant for the period set out in subsection (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 the\nplant 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\n(4) The person must make the record available to any person to whom\n\nPart 5.2 Additional duties relating to\nregistered plant and plant\nNote 1 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 the dictionary, definition\nof person with management or control of plant at a workplace and the\nAct, s 21.\nNote 2 This part applies in addition to pt 5.1.\nNote 3 In this part, plant includes a structure (see dict).\n","sortOrder":223},{"sectionNumber":"227","sectionType":"section","heading":"Application—pt 5.2","content":"227 Application—pt 5.2\nThis part applies to—\n(a) plant that is required to be registered under part 5.3 (Registration\nof plant designs and items of plant); or\n(b) plant the design of which is required to be registered under\npart 5.3.\nDivision 5.2.2 Duty of person conducting a business\nor undertaking who designs plant to\n","sortOrder":224},{"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\n(Registration of plant designs and items of plant), the designer of that\nplant must make a record that contains—\n(a) the method used to determine the control measures for the plant\nand the control measures that result from that determination; and\n\nDuty of person conducting a business or undertaking who designs plant to\nDivision 5.2.2\n(b) a copy of the information provided to a manufacturer under the\nAct, section 22 (Duties of persons conducting businesses or\nundertakings that design plant, substances or structures) in\nrelation to that plant; and\n(c) a copy of the information provided to a manufacturer under\nsection 187 (Provision of information to manufacturer) in\nrelation to that plant; and\n(d) if applicable, a copy of the information provided to a\nmanufacturer under section 188 (Hazard identified in design\nduring manufacture) in relation to that plant.\n","sortOrder":225},{"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\n(Registration of plant designs and items of plant), the designer of the\nplant must record any published technical standard, including any\npart of a published technical standard, that was used to design the\n(2) If the designer of the plant has not used published technical standards\nto design the plant, the designer must record any engineering\nprinciples used to design the plant.\n\nDivision 5.2.2 Duty of person conducting a business or undertaking who designs plant to\n","sortOrder":226},{"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\nsection 228 and section 229 are kept available for inspection under\nthe Act.\n(2) A designer of plant must ensure that the records made under\nsection 228 and section 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 section 228\nand section 229 for the design life of the plant.\n\nDuties of a person conducting a business or undertaking Division 5.2.3\nDivision 5.2.3 Duties of a person conducting a\n","sortOrder":227},{"sectionNumber":"231","sectionType":"section","heading":"Duty of persons conducting businesses or undertakings","content":"231 Duty of persons conducting businesses or undertakings\nthat manufacture plant\nA manufacturer must not supply plant stated in schedule 5, part 5.1\n(Plant requiring registration of design), unless the design of that plant\nis registered under part 5.3 (Registration of plant designs and items\nof plant).\n","sortOrder":228},{"sectionNumber":"232","sectionType":"section","heading":"Duty of persons conducting businesses or undertakings","content":"232 Duty of persons conducting businesses or undertakings\nthat import plant\nAn importer must not supply plant stated in schedule 5, part 5.1 (Plant\nrequiring registration of design), unless the design of that plant is\nregistered under part 5.3 (Registration of plant designs and items of\n","sortOrder":229},{"sectionNumber":"233","sectionType":"section","heading":"Duty of persons conducting businesses or undertakings","content":"233 Duty of persons conducting businesses or undertakings\nthat supply plant\nA supplier must not supply plant stated in schedule 5, part 5.1 (Plant\nrequiring registration of design), unless the design of that plant is\nregistered under part 5.3 (Registration of plant designs and items of\n\n","sortOrder":230},{"sectionNumber":"234","sectionType":"section","heading":"Duty of persons conducting businesses or undertakings","content":"234 Duty of persons conducting businesses or undertakings\nthat commission plant\nundertaking that commissions plant.\n(2) The person must not commission an item of plant that is stated in\nschedule 5, part 5.2 (Items of plant requiring registration) for use in a\nworkplace unless that item of plant is registered under part 5.3\n(Registration of plant designs and items of plant).\n(3) Nothing in subsection (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 5.2.4 Duties of a person conducting a\nbusiness or undertaking involving the\nSubdivision 5.2.4.1 Control measures for registered plant\n235 Major inspection of registered mobile cranes and tower\ncranes\n(1) This section applies to the person with management or control of a\nregistered mobile crane or tower crane at a workplace.\n(2) The person must ensure that a major inspection of the crane is carried\nout by, or under the supervision of, a competent person—\n(a) at the end of the design life recommended by the manufacturer\nfor the crane; or\n\n(b) if there are no manufacturer’s recommendations—in accordance\nwith the recommendations of a competent person; or\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 section.\ncompetent person means a person who—\n(a) has acquired through training, qualification or experience the\nknowledge and skills to carry out a major inspection of the plant;\nor\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\nsubsection (4) (b) if the regulator considers that exceptional\ncircumstances exist.\n(6) In this section:\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\n","sortOrder":231},{"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 a\nlift) 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 openings\ninto the lift well by someone other than a person who is\nperforming work in the lift well; and\n(ii) secure working platforms or equivalent arrangements are\nprovided 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 prevent,\nso far as is reasonably practicable, falling objects from striking\nthe person or otherwise causing a risk.\n(2) The person must ensure that there is a safe means of entry to and exit\nfrom the base of the lift well.\n(3) The person must ensure that there is fixed, in a prominent place in the\nlift, a sign that states the safe working load stated in the design of the\nlift.\n\n","sortOrder":232},{"sectionNumber":"237","sectionType":"section","heading":"Records of plant","content":"237 Records of plant\n(1) This section applies in relation to plant that is required to be registered\nunder part 5.3 (Registration of plant designs and items of plant).\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 the\nplant for the period set out in subsection (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(5) The person must make the record available to any person to whom\n\nSubdivision 5.2.4.2 Control measures for amusement\ndevices and passenger ropeways\n","sortOrder":233},{"sectionNumber":"238","sectionType":"section","heading":"Operation of amusement devices and passenger","content":"238 Operation of amusement devices and passenger\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 before\nit is operated on each day on which it is to be operated; and\n(b) the amusement device or passenger ropeway is operated without\npassengers before it is operated with passengers on each day on\nwhich it is to be operated; and\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(3) The reference in subsection (1) to instruction and training in the\nproper operation of a device or ropeway includes a reference to\ninstruction and training in carrying out the checks and operation\nrequired under subsection (2) (a) and (b).\n\n","sortOrder":234},{"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","sortOrder":235},{"sectionNumber":"240","sectionType":"section","heading":"Maintenance, inspection and testing of amusement","content":"240 Maintenance, inspection and testing of amusement\ndevices and passenger ropeways\npassenger ropeway at a workplace must ensure that the maintenance,\ninspection and, if necessary, testing of the device or ropeway is\ncarried 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\n(ii) if a maintenance manual for the device or ropeway has\nbeen prepared by a competent person—the requirements of\nthe maintenance manual.\n(2) A person is not a competent person to carry out a detailed inspection\nof an amusement device or passenger ropeway that includes an\nelectrical installation unless the person is qualified, or is assisted by a\nperson who is qualified, to inspect electrical installations.\n","sortOrder":236},{"sectionNumber":"241","sectionType":"section","heading":"Annual inspection of amusement devices and passenger","content":"241 Annual inspection of amusement devices and passenger\npassenger ropeway at a workplace must ensure that a detailed\ninspection of the device or ropeway is carried out at least once every\n12 months by a competent person.\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 detailed\ninspection;\n(b) a check of the log book for the amusement device or passenger\nropeway;\n(c) a check that maintenance and inspections of the amusement\ndevice or passenger ropeway have been undertaken under\nsection 240;\n\n(d) a check that any required tests have been carried out, and that\nappropriate records have been maintained;\n(e) a detailed inspection of the amusement device or passenger\nropeway to ensure compliance with the Act and this regulation\n(including a specific inspection of the critical components of the\namusement device or passenger ropeway).\n(3) The regulator may extend the date for an inspection by up to 35 days\nif an inspection is scheduled to coincide with the same event each\nyear.\n(4) If the date is extended under subsection (3), the new date is the date\nfrom which future annual inspections of the amusement device or\npassenger ropeway are determined.\ncompetent person means a person who—\n(a) in the case of an inflatable device (continuously blown) with a\nplatform height less than 9m—has acquired through training,\nqualification or experience the knowledge and skills to inspect\nthe 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; or\n(ii) is 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\nsubsection (5), definition of competent person, paragraph (b) (ii) if\nthe regulator considers that exceptional circumstances 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 section.\n\n","sortOrder":237},{"sectionNumber":"242","sectionType":"section","heading":"Log book and manuals for amusement device","content":"242 Log book and manuals for amusement device\n(1) The person with management or control of an amusement device at a\nworkplace, in addition to complying with the record-keeping\nrequirements of section 237 (Records of plant), must ensure that—\n(a) the log book for the amusement device records the details\nrequired under subsection (1A); and\n(b) the log book and operating and maintenance manuals for the\namusement device are kept with the amusement device.\n(1A) The log book for an amusement device must record—\n(a) for each time the device is erected—details (including the date)\nof the erection; and\n(b) for each time the device is stored—details of the storage; and\n(c) details of the maintenance of the device; and\n(d) for each day the device is operated—the number of hours it is\noperated; and\n(e) the total number of hours the device has ever been operated; and\n(f) details of any faults, or other matters relevant to the safety of the\ndevice, identified during its operation; and\n(g) the following details for each person operating the device:\n(i) the person’s name;\n(ii) whether the person has been provided with instruction and\ntraining in the proper operation of the device;\n\n(iii) for each time instruction or training in the proper operation\nof the device is provided to the person—\n(A) the date of the instruction or training; and\n(B) a summary of the instruction or training; and\n(C) the name and qualifications of the instructor or\ntrainer; and\n(h) details of each statutory notice issued in relation to the device,\n(i) the date the notice was issued; and\n(ii) the reasons for issuing the notice; and\n(iii) any action taken in response to the notice; and\n(iv) for a notice given under a corresponding WHS law—the\nlocation of the device when the notice was issued.\nNote See also s 238 (2) (c).\n(2) The person with management or control of an amusement device at a\nworkplace must ensure that persons involved in the commissioning,\ninstallation, use, storage and testing, and the decommissioning,\ndismantling and disposal, of an amusement device are given—\n(a) the log book for the amusement device; and\n(b) the operating and maintenance manuals for the amusement\ndevice.\n\n(3) The person with management or control of an amusement device at a\nworkplace must make the log book for the device available to any\nperson to whom the person relinquishes control of the device.\nstatutory notice means—\n(a) an improvement notice, prohibition notice or infringement\nnotice; or\n(b) an improvement notice, prohibition notice or infringement\nnotice under a corresponding WHS law.\n\nPlant designs to be registered Division 5.3.1\nPart 5.3 Registration of plant designs and\nitems of plant\nNote In this part, plant includes a structure (see dict).\nDivision 5.3.1 Plant designs to be registered\n","sortOrder":238},{"sectionNumber":"243","sectionType":"section","heading":"Plant design to be registered—Act, s 42","content":"243 Plant design to be registered—Act, s 42\nThe design of an item of plant stated in schedule 5, part 5.1 (Plant\nrequiring registration of design) must be registered under this part.\n","sortOrder":239},{"sectionNumber":"244","sectionType":"section","heading":"Altered plant designs to be registered—Act, s 42","content":"244 Altered plant designs to be registered—Act, s 42\n(1) If the design of an item of plant stated in schedule 5, part 5.1 (Plant\nrequiring registration of design) that is registered under this part is\naltered, the altered design must be registered under this part.\n(2) In this section, a reference to the alteration of a design is a reference\nto an alteration that may affect health or safety.\n(3) This section does not apply in relation to a tower crane or a gantry\ncrane 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 crane\nis altered in accordance with a site-specific design prepared for\nthe purpose of the safe operation of the crane at the new location;\nand\n(c) the design of the crane is not altered in any other way.\n\n","sortOrder":240},{"sectionNumber":"245","sectionType":"section","heading":"Recognition of designs registered by corresponding","content":"245 Recognition of designs registered by corresponding\nregulator\n(1) A design of an item of plant is not required to be registered under this\npart if the design is registered under a corresponding WHS law.\n(2) A design mentioned in subsection (1) that is altered is not required to\nbe registered under this part if the altered design is registered by the\ncorresponding regulator that registered the original design.\n","sortOrder":241},{"sectionNumber":"246","sectionType":"section","heading":"Items of plant to be registered—Act, s 42","content":"246 Items of plant to be registered—Act, s 42\n(1) An item of plant stated in schedule 5, part 5.2 (Items of plant requiring\nregistration) must be registered under 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":242},{"sectionNumber":"247","sectionType":"section","heading":"Recognition of plant registered by corresponding","content":"247 Recognition of plant registered by corresponding\nregulator\nAn item of plant is not required to be registered under this part if the\nplant is registered under a corresponding WHS law.\nDivision 5.3.3 Registration process for plant\n","sortOrder":243},{"sectionNumber":"248","sectionType":"section","heading":"Application—div 5.3.3","content":"248 Application—div 5.3.3\nThis division applies to the registration of a design of an item of plant\nstated in schedule 5, part 5.1 (Plant requiring registration of design).\n\n","sortOrder":244},{"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 item\nof plant may apply to the regulator for the registration of the design\nof 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 plant.\n","sortOrder":245},{"sectionNumber":"250","sectionType":"section","heading":"Application for registration","content":"250 Application for registration\n(1) This section applies to an application for registration of the design of\nan item of plant.\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 designer’s\nobligations under the Act, section 22 (Duties of persons\nconducting businesses or undertakings that design plant,\nsubstances or structures) in relation to the design; and\n(ii) stating the published technical standards and engineering\nprinciples used in the design;\n(f) a design verification statement that accords with section 251;\n(g) representational drawings of the design;\n\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 must\nbe capable of being kept in an electronic form.\n","sortOrder":246},{"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 design\nverifier for the design; and\n(b) state that the design was produced in accordance with published\ntechnical standards or engineering principles stated in the\nstatement; 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":247},{"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 subsection (1), a person is not eligible to be a design verifier\nfor the design of an item of plant if the person was involved in the\nproduction of the design.\n\n","sortOrder":248},{"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 stated in schedule 5,\npart 5.1 (Plant requiring registration of design) must document the\ndesign verification process carried out by that person and the results\nof that process.\n","sortOrder":249},{"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 design\nof an item of plant stated in schedule 5, part 5.1 (Plant requiring\nregistration of design) if the person—\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.\n","sortOrder":250},{"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\nstated, the application is taken to have been withdrawn.\n","sortOrder":251},{"sectionNumber":"256","sectionType":"section","heading":"Decision on application","content":"256 Decision on application\n(1) Subject to subsection (3), the regulator must grant the registration if\nsatisfied about the matters mentioned in subsection (2).\n(a) the application has been made in accordance with this division;\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\n(4) If the regulator decides to grant the registration, it must notify the\nunder section 255, the regulator is taken to have refused to grant the\nregistration applied for.\nNote A refusal to grant a registration (including under s (5)) is a reviewable\n","sortOrder":252},{"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 regulator\nand\n(b) advising the applicant that the applicant may, by a stated date\nproposed refusal to grant the registration—consider that\nwhether to grant or refuse to grant the registration; and\nNote A refusal to grant a registration is a reviewable decision (see s 676).\n\n","sortOrder":253},{"sectionNumber":"258","sectionType":"section","heading":"Conditions of registration","content":"258 Conditions of registration\nthe 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.\nNote 1 A person must comply with the conditions of registration (see Act, s 45).\nNote 2 A decision to impose a condition on a registration is a reviewable decision\n","sortOrder":254},{"sectionNumber":"259","sectionType":"section","heading":"Duration of registration of plant design","content":"259 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","sortOrder":255},{"sectionNumber":"260","sectionType":"section","heading":"Plant design registration number","content":"260 Plant design registration number\n(1) This section applies if the regulator registers a design of an item of\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\n(4) The manufacturer, supplier or importer of plant to whom a plant\ndesign registration number is given under this section must give that\nnumber 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","sortOrder":256},{"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\ndetermined by the regulator.\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\n","sortOrder":257},{"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) Subsection (1) does not apply if the registration document is not in\nthe registration holder’s possession because—\n(a) it has been returned to the regulator under section 287\n(Registration holder to return registration document); or\n(b) the registration holder has applied for, but has not received, a\nreplacement registration document under section 288\n(Replacement registration document).\n","sortOrder":258},{"sectionNumber":"263","sectionType":"section","heading":"Disclosure of design information","content":"263 Disclosure of design information\n(1) Subject to this section, the regulator must not disclose to any person\nany confidential information provided by an applicant for registration\nof a design of an item of plant.\n(2) The regulator may disclose information about a plant design in either\nof 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 of\nthe 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 at a\nworkplace of plant manufactured to the design; or\n\n(b) a health and safety representative of those workers.\n(4) The regulator may provide the person with management or control of\nplant with the minimum information about the plant design that is\nnecessary for the safe operation of the plant if the registration holder\nfor the design of the plant cannot be located or no longer exists.\nDivision 5.3.4 Registration process for an item of\n","sortOrder":259},{"sectionNumber":"264","sectionType":"section","heading":"Application—div 5.3.4","content":"264 Application—div 5.3.4\nThis division applies in relation to the registration of an item of plant\nstated in schedule 5, part 5.2 (Items of plant requiring registration) as\nrequiring registration.\n","sortOrder":260},{"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":261},{"sectionNumber":"266","sectionType":"section","heading":"Application for registration","content":"266 Application for registration\n(1) This section applies to an application for registration of an item of\n(b) whether or not the applicant is a body corporate;\n(e) sufficient information to clearly identify the item of plant;\n\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 the\ndesign;\n(h) a statement that the item of plant has been inspected by a\ncompetent person and assessed by that person as being safe to\noperate;\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":262},{"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 be\ninspected.\n\n","sortOrder":263},{"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.\nstated, the application is taken to have been withdrawn.\n","sortOrder":264},{"sectionNumber":"269","sectionType":"section","heading":"Decision on application","content":"269 Decision on application\n(1) Subject to subsection (3), the regulator must grant the registration if\nsatisfied about the matters mentioned in subsection (2).\n(a) the application has been made in accordance with this division;\n(b) the item of plant is not registered under a corresponding\nWHS law;\n(c) the item of plant is—\n(i) located in the ACT; or\n(ii) located outside the ACT and circumstances exist that\n(d) if the applicant is an individual, the applicant—\n\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\nsection 268, the regulator is taken to have refused to grant the\nregistration applied for.\nNote A refusal to grant a registration (including under s (5)) is a reviewable\n","sortOrder":265},{"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 regulator\nand\n\n(b) advising the applicant that the applicant may, by a stated date,\n(being not less than 28 days after giving the notice) make a\nproposed refusal to grant the registration—consider that\nwhether to grant or refuse to grant the registration; and\nNote A refusal to grant a registration is a reviewable decision (see s 676).\n","sortOrder":266},{"sectionNumber":"271","sectionType":"section","heading":"Conditions of registration","content":"271 Conditions of registration\nthe 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.\nNote 1 A person must comply with the conditions of registration (see Act, s 45).\nNote 2 A decision to impose a condition on a registration is a reviewable decision\n","sortOrder":267},{"sectionNumber":"272","sectionType":"section","heading":"Duration of registration","content":"272 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\n","sortOrder":268},{"sectionNumber":"273","sectionType":"section","heading":"Plant registration number","content":"273 Plant registration number\n(1) This section 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(3) The registration holder must give the plant registration number to the\nperson with management or control of the plant at a workplace as\nsoon 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 item\nof plant.\n","sortOrder":269},{"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\ndetermined by the regulator.\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\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(g) the expiry date of the registration.\n","sortOrder":270},{"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) Subsection (1) does not apply if the registration document is not in\nthe registration holder’s possession because—\n(a) it has been returned to the regulator under section 287\n(Registration holder to return registration document); or\n(b) the registration holder has applied for, but has not received, a\nreplacement registration document under section 288\n(Replacement registration document).\n","sortOrder":271},{"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":272},{"sectionNumber":"277","sectionType":"section","heading":"Application for renewal","content":"277 Application for renewal\n(1) This section applies to an application for renewal of a registration of\nan item of plant.\n(b) any evidence of identity required by the regulator;\n\nbusiness name, that business name and a certificate or other\n(d) the registration number of the item of plant;\n(e) a declaration that the item of plant has been maintained,\ninspected and tested in accordance with section 213\n(Maintenance and inspection of plant).\n(3) The application must be made before the expiry of the registration.\n","sortOrder":273},{"sectionNumber":"278","sectionType":"section","heading":"Registration continues in force until application is","content":"278 Registration continues in force until application is\ndecided\nIf a registration holder applies under section 277 for the renewal of a\nregistration, the registration is taken to continue in force from the day\nit would, apart from this section, have ended until the registration\nholder is given notice of the decision on the application.\n","sortOrder":274},{"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 section 213 (Maintenance and inspection of\n\n(2) For the purposes of this division—\n(a) section 268 (Additional information) applies as if a reference in\nthat section to an application for registration were a reference to\nan application to renew registration; and\n(b) section 269 (except subsection (5)) (Decision on application),\nsection 271 (Conditions of registration) and section 272\n(Duration of registration) apply as if a reference in those sections\nto the grant of a registration were a reference to the renewal of a\nregistration; and\n(c) section 270 (Refusal of registration—process) applies as if a\nreference in that section to a refusal to grant a registration were\na reference to a refusal to renew a registration.\nNote A refusal to renew a registration is a reviewable decision (see s 676).\n","sortOrder":275},{"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 continues\nto have effect in accordance with this section.\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\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\napplying for an external review.\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 section even if its\nDivision 5.3.5 Changes to registration and\nregistration documents\n","sortOrder":276},{"sectionNumber":"281","sectionType":"section","heading":"Application—div 5.3.5","content":"281 Application—div 5.3.5\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","sortOrder":277},{"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\n(b) any of the information mentioned in section 250 (Application\nfor registration), section 255 (1) (Additional information),\nsection 266 (Application for registration) or section 268 (1)\n(Additional information) within 14 days after the registration\nholder becomes aware of the change.\napplication for grant of the registration or in any other circumstance.\n(3) Without limiting subsection (1), a registration holder for an item of\nplant must give written notice to the regulator if—\n(a) the item of plant is altered to an extent or in a way that requires\nthe 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":278},{"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—\n\n(b) advising the registration holder that the registration holder may\namendment within a stated period (being not less than 28 days\nfrom the date of the notice).\n(3) After the date stated in a notice under subsection (2), the regulator\nproposed amendment—consider that submission; and\n(b) whether or not the registration holder has made a submission—\nconsideration of any submission made by the registration\nholder; and\nholder written notice that—\n(i) sets out the amendment, if any, or states that no amendment\nis to be made; and\namendment—sets out the regulator’s reasons for making\n(iii) states the date (being not less than the 28 days after the\nregistration holder is given the notice) on which the\namendment, if any, takes effect.\nNote A decision to amend a registration is a reviewable decision (see s 676).\n\n","sortOrder":279},{"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 a\nregistration, including by amending the registration to vary or delete\na condition of the registration.\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 refusal;\nand\n(b) advising the registration holder that the registration holder may,\nby a stated date (being not less than 28 days after giving the\nnotice), make a submission to the regulator in relation to the\nproposed refusal.\n(3) After the date stated in a notice under subsection (2), the regulator\nproposed refusal—consider that submission; and\n(b) whether or not the registration holder has made a submission—\ndecide;\nconsideration of any submission made by the registration\nholder; and\nholder written notice of the decision in accordance with this\n\nsubsection (3) (c) must state the date (being not less than 28 days after\nthe registration holder is given the notice) on which the amendment\ntakes effect.\n(5) If the regulator refuses to make the amendment or makes a different\namendment, the notice under subsection (3) (c) must—\nregulator’s decision; and\n(ii) state the date (being not less than 28 days after the\nlicence-holder is given the notice) on which the\n","sortOrder":280},{"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\nholder.\n","sortOrder":281},{"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\n","sortOrder":282},{"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 within\nthe time stated in the request.\n","sortOrder":283},{"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 practicable\nif the registration document is lost, stolen or destroyed.\n(2) If a registration document is lost, stolen or destroyed, the registration\nholder may apply to the regulator for a replacement document.\nNote A registration holder is required to keep a registration document available\nfor inspection (see s 275).\n(4) An application for a replacement registration document must include\na declaration describing the circumstances in which the original\ndocument was lost, stolen or destroyed.\n(5) The regulator must issue a replacement registration document if\nsatisfied that the original document was lost, stolen or destroyed.\n\n(6) If the regulator refuses to issue a replacement registration document,\nit must give the registration holder written notice of this decision,\nincluding the reasons for the decision within 14 days of making the\nNote A refusal to issue a replacement registration document is a reviewable\n","sortOrder":284},{"sectionNumber":"288A","sectionType":"section","heading":"Application—div 5.3.6","content":"288A Application—div 5.3.6\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","sortOrder":285},{"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 A decision to cancel a registration is a reviewable decision (see s 676).\n","sortOrder":286},{"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 reasons\nfor it; and\n\nCancellation of registration Division 5.3.6\n(b) advising the registration holder that the registration holder may\ncancellation within a stated period (being not less than 28 days\nfrom the date of the notice).\nproposed 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\nholder written notice that—\n(i) states whether or not the registration is cancelled; and\ncancellation—sets out the regulator’s reasons for\ncancelling the registration; and\n(iii) states the date on which the cancellation, if any, takes\neffect.\nNote A decision to cancel a registration is a reviewable decision (see s 676).\n","sortOrder":287},{"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 section\n288C must return the registration document to the regulator at the\nwritten request of the regulator within the time stated in the request.\n\n","sortOrder":288},{"sectionNumber":"289","sectionType":"section","heading":"Meaning of construction work—ch 6","content":"289 Meaning of construction work—ch 6\nIn this chapter:\nconstruction work—\n(a) means any work carried out in connection with the construction,\nalteration, conversion, fitting-out, commissioning, renovation,\nrepair, maintenance, refurbishment, demolition,\ndecommissioning or dismantling of a structure; and\n(b) includes the following:\n(i) any installation or testing carried out in connection with an\nactivity mentioned in paragraph (a);\n(ii) the removal from the workplace of any product or waste\nresulting from demolition;\n(iii) the prefabrication or testing of elements, at a place\nspecifically established for the construction work, for use\nin construction work;\n(iv) the assembly of prefabricated elements to form a structure,\nor the disassembly of prefabricated elements forming part\nof a structure;\n(v) the installation, testing or maintenance of an essential\nservice in relation to a structure;\n(vi) any work connected with an excavation;\n\n(vii) any work connected with any preparatory work or site\npreparation (including landscaping as part of site\npreparation) carried out in connection with an activity\nmentioned in paragraph (a);\n(viii) an activity mentioned in paragraph (a), that is carried out\non, under or near water, including work on buoys and\nobstructions to navigation; but\n(c) does not include any of the following:\n(i) the manufacture of plant;\n(ii) the prefabrication of elements, other than at a place\nspecifically established for the construction work, for use\nin construction work;\n(iii) the construction or assembly of a structure that once\nconstructed or assembled is intended to be transported to\nanother place;\n(iv) testing, maintenance or repair work of a minor nature\ncarried out in connection with a structure;\n(v) mining or the exploration for or extraction of minerals.\n","sortOrder":289},{"sectionNumber":"290","sectionType":"section","heading":"Meaning of structure—ch 6","content":"290 Meaning of structure—ch 6\n(1) In this chapter, structure has the same meaning as it has in the Act.\n1 a roadway or pathway\n2 a ship or submarine\n3 foundations, earth retention works and other earthworks, including river works\nand sea defence works\n4 formwork, falsework or any other structure designed or used to provide\nsupport, access or containment during construction work\n\n5 an airfield\n6 a dock, harbour, channel, bridge, viaduct, lagoon or dam\n7 a sewer or sewerage or drainage works\nNote Terms used in this regulation have the same meaning that they have in\nthe Work Health and Safety Act 2011 (see Legislation Act, s 148). See\nalso the dictionary, note 3.\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 containment\nduring work in connection with construction work; or\n(b) work on the plant relates to work that is carried out in connection\nwith construction work; or\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 more\npersons conducting businesses or undertakings at any point in\nNote This chapter does not apply to the manufacture of plant (see s 289 (c) (i)).\n","sortOrder":290},{"sectionNumber":"291","sectionType":"section","heading":"Meaning of high risk construction work—ch 6","content":"291 Meaning of high risk construction work—ch 6\nhigh risk construction work means construction work that—\n(a) involves a risk of a person falling more than 2m; or\n(b) is carried out on a telecommunication tower; or\n\n(c) involves demolition of an element of a structure that is\nload-bearing or otherwise related to the physical integrity of the\nstructure; 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 than 1.5m;\nor\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(n) is carried out on, in or adjacent to a road, railway (including light\nrail), shipping lane or other traffic corridor that is in use by\ntraffic other than pedestrians; 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 of\ntemperature; or\n\n(q) is carried out in or near water or other liquid that involves a risk\nof drowning; or\n(r) involves diving work; or\n(s) involves processing crystalline silica material using a power tool\nor another mechanical method.\ncrystalline silica material—see section 418A (1).\nlight rail—see the Road Transport (General) Act 1999, dictionary.\nmechanical method—see section 418A (1).\nprocess—see section 418A (1).\n","sortOrder":291},{"sectionNumber":"292","sectionType":"section","heading":"Meaning of construction project—ch 6","content":"292 Meaning of construction project—ch 6\nconstruction project means a project—\n(a) that involves construction work; and\n(b) where—\n(i) the cost of the construction work is $250 000 or more; or\n(ii) the construction work involves the demolition or\nrefurbishment of a structure containing loose-fill asbestos\ninsulation.\nloose-fill asbestos insulation—see the Dangerous Substances\nAct 2004, section 47I.\n\n","sortOrder":292},{"sectionNumber":"293","sectionType":"section","heading":"Meaning of principal contractor—ch 6","content":"293 Meaning of principal contractor—ch 6\n(1) In this chapter, a person conducting a business or undertaking that\ncommissions a construction project is, subject to this section, the\nprincipal contractor for the project.\n(2) If the person mentioned in subsection (1) engages another person\nconducting a business or undertaking as principal contractor for the\nconstruction project and authorises the person to have management\nor control of the workplace and to discharge the duties of a principal\ncontractor under this chapter, the person so engaged is the principal\ncontractor 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 to\nundertake a construction project in relation to the premises, the person\nso engaged is the principal contractor for the project if the person\nhas management or control of the workplace.\n(4) A construction project has only 1 principal contractor at any specific\nNote A person with management or control of a workplace must comply with\nthe Act, s 20.\n\n","sortOrder":293},{"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\nPart 6.2 Duties of designer of structure\nand person who commissions\nconstruction work\n","sortOrder":294},{"sectionNumber":"294","sectionType":"section","heading":"Person who commissions work must consult with","content":"294 Person who commissions work must consult with\ndesigner\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 any\npart of the structure about how to ensure that risks to health and safety\narising 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 to\nthe hazards and risks at the workplace where the construction work is\nto be carried out.\n","sortOrder":295},{"sectionNumber":"295","sectionType":"section","heading":"Designer must give safety report to person who","content":"295 Designer must give safety report to person who\ncommissions design\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 states\nthe hazards relating to the design of the structure that, so far as the\ndesigner is reasonably aware—\n(a) create a risk to the health or safety of persons who are to carry\nout any construction work on the structure or part; and\n\nDuties of designer of structure and person who commissions construction\nwork\nPart 6.2\n(b) are associated only with the particular design and not with other\ndesigns of the same type of structure.\n(2) If the person conducting a business or undertaking who commissions\na construction project did not commission the design of the\nconstruction project, the person must take all reasonable steps to\nobtain a copy of the written report mentioned in subsection (1) in\nrelation to that design.\n","sortOrder":296},{"sectionNumber":"296","sectionType":"section","heading":"Person who commissions project must give information","content":"296 Person who commissions project must give information\nto principal contractor\nIf a person conducting a business or undertaking that commissions a\nconstruction project engages a principal contractor for the project, the\nperson must give the principal contractor any information the person\nhas in relation to hazards and risks at or in the vicinity of the\nworkplace where the construction work is to be carried out.\n\nPart 6.3 Duties of person conducting\nNote As a principal contractor is a person conducting a business or\nundertaking, this part also applies to a principal contractor.\n","sortOrder":297},{"sectionNumber":"297","sectionType":"section","heading":"Management of risks to health and safety—Act, s 19","content":"297 Management of risks to health and safety—Act, s 19\nA person conducting a business or undertaking must manage risks\nassociated with the carrying out of construction work in accordance\n","sortOrder":298},{"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 reasonably\npracticable, that the workplace is secured from unauthorised access.\n(2) In complying with subsection (1), the person must have regard to all\nrelevant matters, including—\n(a) risks to health and safety arising from unauthorised access to the\n(b) the likelihood of unauthorised access occurring; and\nthe proximity of the workplace to places frequented by children, including\nschools, parks and shopping precincts\n(c) to the extent that unauthorised access to the workplace cannot\nbe prevented—how to isolate hazards within the workplace.\n\nHigh risk construction work—safe work method statements Division 6.3.2\n","sortOrder":299},{"sectionNumber":"Div 6","sectionType":"division","heading":"3.2 High risk construction work—safe","content":"Division 6.3.2 High risk construction work—safe\nwork method statements\n","sortOrder":300},{"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\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) state hazards relating to the high risk construction work and risks\nto 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 in\nwhich the high risk construction work is carried out; and\n\nDivision 6.3.2 High risk construction work—safe work method statements\n(ii) if the high risk construction work is carried out in\nconnection with a construction project—the\nWHS management plan that has been prepared for the\n(b) be set out and expressed in a way that is readily accessible and\nunderstandable to persons who use it.\n","sortOrder":301},{"sectionNumber":"300","sectionType":"section","heading":"Compliance with safe work method statement","content":"300 Compliance with safe work method statement\ncarrying out of high risk construction work must put in place\narrangements for ensuring that high risk construction work is carried\nout in accordance with the safe work method statement for the 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 ensure\nthat 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\nHigh risk construction work—safe work method statements Division 6.3.2\n","sortOrder":302},{"sectionNumber":"301","sectionType":"section","heading":"Safe work method statement—copy to be given to","content":"301 Safe work method statement—copy to be given to\nprincipal contractor\nA person conducting a business or undertaking that includes carrying\nout high risk construction work in connection with a construction\nproject must, before the high risk construction work commences,\nensure that a copy of the safe work method statement for the work is\ngiven to the principal contractor.\n","sortOrder":303},{"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 safe\nwork method statement is reviewed and as necessary revised if\nrelevant control measures are revised under section 38 (Review of\ncontrol measures).\n","sortOrder":304},{"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 subsection (2), a person conducting a business or\nundertaking must keep a copy of the safe work method statement until\nthe high risk construction work to which it relates is completed.\n\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(3) The person must ensure that for the period for which the statement\nmust be kept under this section, a copy is readily accessible to any\nworker engaged by the person to carry out the high risk construction\n(4) The person must ensure that for the period for which the statement\nmust be kept under this section, a copy is available for inspection\nunder the Act.\n","sortOrder":305},{"sectionNumber":"304","sectionType":"section","heading":"Excavation work—underground essential services","content":"304 Excavation work—underground essential services\ninformation\n(1) This section applies in relation to a part of a workplace where\nexcavation work is being carried out and any adjacent areas.\n\nExcavation Work Division 6.3.3\n(2) A person with management or control of the workplace must take all\nreasonable steps to obtain current underground essential services\ninformation about the areas mentioned in subsection (1) before\ndirecting or allowing the excavation work to commence.\n(3) The person with management or control of the workplace must\nprovide the information obtained under subsection (2) to any person\nengaged 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 subsection (3) must have regard to the information\nmentioned in subsection (2) in carrying out or directing or allowing\nthe carrying out of the excavation work.\nNote 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 ensure\nthat the information mentioned in subsection (2) is available for\ninspection under the Act for the period stated in subsection (6).\n\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 after\nthe incident occurs; and\n(b) in every other case—until the excavation work is completed.\n(7) In this section:\nunderground essential services means essential services that use\npipes, cables or other associated plant located underground.\nunderground essential services information, in relation to proposed\nexcavation 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":306},{"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—Act, s 19\nhealth and safety associated with excavation work, in accordance\n(2) The risks this section 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\nExcavation Work Division 6.3.3\n(d) a person working in an excavation being exposed to an airborne\ncontaminant.\n(3) In complying with subsection (1), the person must have regard to all\nrelevant matters, including the following:\n(a) the nature of the excavation;\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":307},{"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 1.5m 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 subsection (1), the person must have regard to all\nrelevant matters, including—\n(a) risks to health and safety arising from unauthorised access to the\nwork 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 trench\nare adequately supported by doing 1 or more of the following:\n(a) shoring by shielding or other comparable means;\n(b) benching;\n\n(c) battering.\n(4) Subsection (3) does not apply if the person receives written advice\nfrom a geotechnical engineer that all sides of the trench are safe from\ncollapse.\n(5) An advice under subsection (4)—\n(a) may be subject to a condition that stated natural occurrences\nmay create a risk of collapse; and\n(b) must state the period of time to which the advice applies.\n\nPart 6.4 Additional duties of principal\n","sortOrder":308},{"sectionNumber":"307","sectionType":"section","heading":"Application—pt 6.4","content":"307 Application—pt 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 are\nadditional to the duties imposed under part 6.3 (Duties of person\nconducting business or undertaking).\nNote As a principal contractor has management or control of a workplace, the\nprincipal contractor is also subject to duties imposed by the Act and this\nregulation on a person with management or control of a workplace.\n","sortOrder":309},{"sectionNumber":"308","sectionType":"section","heading":"Specific control measure—signage identifying principal","content":"308 Specific control measure—signage identifying principal\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\n","sortOrder":310},{"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 the\nproject commences.\n(2) A WHS management plan must include the following:\n(a) the names, positions and health and safety responsibilities of all\npersons at the workplace whose positions or roles involve\nspecific health and safety responsibilities in connection with the\nproject;\n(b) the arrangements in place, between any persons conducting a\nbusiness or undertaking at the workplace where the construction\nproject is being undertaken, for consultation, co-operation and\nthe co-ordination of activities in relation to compliance with\ntheir duties under the Act and this regulation;\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 arrangements\nfor ensuring that all persons at the workplace are informed of\nthese rules;\n(e) the arrangements for the collection and any assessment,\nmonitoring and review of safe work method statements at the\n\n","sortOrder":311},{"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 far\nas is reasonably practicable, that each person who is to carry out\nconstruction 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\nsection 313 (Copy of WHS management plan must be kept).\n","sortOrder":312},{"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 far\nas 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\n","sortOrder":313},{"sectionNumber":"312","sectionType":"section","heading":"High risk construction work—safe work method","content":"312 High risk construction work—safe work method\nstatements\nThe principal contractor for a construction project must take all\nreasonable steps to obtain a copy of the safe work method statement\nrelating to high risk construction work before the high risk\nconstruction work commences.\nNote 2 The WHS management plan contains arrangements for co-operation\nbetween persons conducting a business or undertaking at the construction\nproject workplace, including in relation to the preparation of safe work\nmethod statements (see s 309 (2) (b) and (e)).\n","sortOrder":314},{"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 subsection (2), the principal contractor for a construction\nproject must ensure that a copy of the WHS management plan for the\nproject is kept until the project to which it relates is completed.\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 occurs.\n\n(3) The person must ensure that, for the period for which the\nWHS management plan must be kept under this section, a copy is\nreadily accessible to any person who is to carry out construction work\nin connection with the construction project.\n(4) The person must ensure that for the period for which the\nWHS management plan must be kept under this section, a copy is\navailable for inspection under the Act.\nWHS management plan means the initial plan and all revised\nversions of the plan.\n","sortOrder":315},{"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) division 3.2.2 (General working environment);\n(b) division 3.2.3 (First-aid);\n(c) division 3.2.4 (Emergency plans);\n(d) division 3.2.5 (Personal protective equipment);\n(e) division 3.2.7 (Managing risks from airborne contaminants);\n(f) division 3.2.8 (Hazardous atmospheres);\n\n(g) division 3.2.9 (Storage of flammable or combustible\nsubstances);\n(h) division 3.2.10 (Falling objects);\n(i) part 4.4 (Falls).\nNote 2 All persons conducting a business or undertaking at the construction\nproject workplace have these same duties (see pt 3.2 and Act, s 19). The\nAct, s 16 provides for situations in which more than 1 person has the same\nduty.\n","sortOrder":316},{"sectionNumber":"315","sectionType":"section","heading":"Further health and safety duties—specific risks—","content":"315 Further health and safety duties—specific risks—\nAct, s 20\nThe principal contractor for a construction project must in accordance\nwith part 3.1 (Managing risks to health and safety) manage risks to\nhealth and safety associated 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(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.\n\nGeneral construction induction training requirements Division 6.5.1\nPart 6.5 General construction induction\ntraining\nDivision 6.5.1 General construction induction\ntraining requirements\n316 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.\n","sortOrder":317},{"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\n(b) if the worker completed the training more than 2 years\npreviously—the worker has carried out construction work in the\npreceding 2 years.\n(2) The person conducting the business or undertaking must ensure\n(a) the worker holds a general construction induction training card;\nor\n(b) if the worker has applied for but not yet been issued with a\ngeneral construction induction training card, the worker holds a\ngeneral construction induction training certification, issued\nwithin the preceding 60 days.\n","sortOrder":318},{"sectionNumber":"318","sectionType":"section","heading":"Recognition of general construction induction training","content":"318 Recognition of general construction induction training\ncards issued in other jurisdictions\n(1) In this part (other than division 6.5.2), a reference to a general\nconstruction induction training card includes a reference to a similar\ncard issued under a corresponding WHS law.\n(2) Subsection (1) does not apply to a card that is cancelled in the\nDivision 6.5.2 General construction induction\ntraining cards\n","sortOrder":319},{"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 ACT may apply to the regulator for a general\nconstruction induction training card.\n\nGeneral construction induction training cards Division 6.5.2\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(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 completed\n(4) 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 mentioned in\nsubsection (3) (b) (ii), at any time after completion of the\n(5) The regulator must issue a general construction induction training\ncard to the applicant if—\n(a) the application has been made in accordance with this section;\nand\n(b) the regulator is satisfied that the applicant has successfully\ncompleted general construction induction training.\n\n(6) The regulator must make a decision on the application as soon as\npracticable.\n(7) If the regulator has not decided on the application within 60 days, the\napplicant is taken to hold a general construction induction training\ncard until a decision is made.\n","sortOrder":320},{"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(v) that the card was issued in the ACT; and\n(b) contain the card-holder’s signature.\n","sortOrder":321},{"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 the\nregulator for a replacement card.\nNote A card-holder is required to keep the card available for inspection under\ns 326.\n\nGeneral construction induction training cards Division 6.5.2\n(3) An application for a replacement general construction induction\ntraining card must include a declaration about the circumstances in\nwhich the card was lost, stolen or destroyed.\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":322},{"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 training\ncard 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(c) produced a general construction induction training certification\nthat had been obtained on the basis of the giving of false or\nNote A decision to refuse to issue or replace a general construction induction\ntraining card is a reviewable decision (see s 676).\n\n","sortOrder":323},{"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\nNote A decision to cancel a general construction induction training card is a\n","sortOrder":324},{"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\nDuties of workers Division 6.5.3\n","sortOrder":325},{"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 section 319 (5) (Issue of card), a\ngeneral induction training certification held by the worker, until\na decision is made on the application for the general construction\ninduction training card.\n(2) A card-holder, on receiving a cancellation notice under\nsection 324 (2) (Cancellation of card—process), must return the card\nin accordance with the notice.\n(3) Subsection (1) (a) does not apply if the card is not in the possession\nof 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 section 321 (Replacement card).\n\n","sortOrder":326},{"sectionNumber":"327","sectionType":"section","heading":"Alteration of general construction induction training card","content":"327 Alteration of general construction induction training card\nA person who holds a general construction induction training card\nmust not intentionally or recklessly alter the card.\n\nApplication—pt 7.1 Division 7.1.1\nNote Most of the obligations in this part apply to persons conducting\nbusinesses or undertakings at a workplace. However, some obligations\napply to persons in different capacities, for example importers and\nsuppliers of hazardous chemicals.\n","sortOrder":327},{"sectionNumber":"328","sectionType":"section","heading":"Application—pt 7.1","content":"328 Application—pt 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 applies to the handling or storage of dangerous goods\nmentioned in table 328, column 2, other than at a workplace, only if\nthe quantity of the dangerous goods is more than the threshold\nquantity mentioned in table 328, column 3 for the dangerous good.\nNote The Act, sch 1, applies the Act to the storage and handling of prescribed\ndangerous goods even if they are not at a workplace or for use in carrying\nout work (see also s 10 and s 10A).\n\nTable 328\nitem\ndangerous goods\nthreshold quantities\n1 liquefied petroleum gas\n(LP gas)\n(dangerous goods\nclass 2.1)\nif the LP gas is stored in packages outside a building,\nand connected by piping to appliances within the\nbuilding that contain the gas—500L (water capacity)\n2 compressed gas of\nclass 2.1\n(excluding LP gas),\nclass 2.2 or\ncompressed oxygen\n(a) if the dangerous goods as a whole form part\nof a welding set or are used or intended to be\nused with a portable flame torch and each\ndangerous good is in 1 or more containers—\n50L (aggregate capacity of the containers); or\n(b) if the compressed oxygen or gas is used or\nintended to be used for medical purposes—nil\n3 dangerous goods\nclass 3\n250L\n4 pool chlorine and spa\nsanitising agents\n5 sodium hypochlorite\ndesignated by\nUN number 1791\n100L\n6 dangerous goods\nclass 9\n7 dangerous goods\npacking group 1\n5kg or L\n8 C1 combustible liquids 1 000L\n9 dangerous goods\nclass 2.3\nnil\n10 any dangerous goods\nother than those stated\nabove\n(2) This part does not apply to a pipeline that is regulated under the Gas\nSafety Act 2000 or the Utilities (Technical Regulation) Act 2014.\n\nApplication—pt 7.1 Division 7.1.1\n(3) This part does not apply to hazardous chemicals and explosives being\ntransported by road, rail, sea or air if the transport is regulated under\nthe following:\n(a) the Dangerous Goods (Road Transport) Act 2009;\nNote The Technical Instructions for the Safe Transport of Dangerous\nGoods by Air does not need to be notified under the Legislation Act\nbecause s 47 (5) does not apply (see s 15 and\nLegislation Act, s 47 (7)). The Instructions are available at\nwww.icao.int.\n(b) The Technical Instructions for the Safe Transport of Dangerous\nGoods by Air, published by the International Civil Aviation\nOrganisation;\nNote The Technical Instructions for the Safe Transport of Dangerous\nGoods by Air do not need to be notified under the Legislation Act\nbecause s 47 (5) does not apply (see s 15 and Legislation Act,\ns 47 (7)). The Instructions are available at www.icao.int.\n(c) the Dangerous Goods Regulations, published by the\nInternational Air Transport Association.\nNote The Dangerous Goods Regulations do not need to be notified\nand Legislation Act, s 47 (7)). The Regulations are available at\nwww.iata.org.\n(4) This part does not apply to the following hazardous chemicals in the\ncircumstances 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 25kg or 25L;\n(d) hazardous chemicals in portable firefighting or medical\nequipment for use in a workplace;\n\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 sections and schedule 7 (Safety\ndata sheets), does not apply to substances, mixtures or articles\ncategorised only as explosives under the GHS:\n(a) section 329 (Classification of hazardous chemicals);\n(b) section 330 (Manufacturer or importer to prepare and provide\nsafety data sheets);\n(c) section 339 (Supplier to provide safety data sheets);\n(d) section 344 (Person conducting business or undertaking to\nobtain and give access to safety data sheets);\n(e) section 345 (Changes to safety data sheets).\nNote Explosives are regulated under the Dangerous Substances (Explosives)\nRegulation 2004.\n(6) This part does not apply to the following:\n(a) food and beverages within the meaning of the Australia New\nZealand Food Standards Code that are in a package and form\nintended for human consumption;\nNote The Australia New Zealand Food Standards Code does not need to\nbe notified under the Legislation Act because s 47 (5) does not\napply (see s 15 and Legislation Act, s 47 (7)). The Code is\navailable at www.legislation.gov.au.\n(b) tobacco, or products made of tobacco;\n\n(c) therapeutic goods within the meaning of the Therapeutic Goods\nAct 1989 (Cwlth) at the point of intentional intake by or\nadministration to humans;\nNote The Therapeutic Goods Act 1989 (Cwlth) does not need to be\n(d) veterinary chemical products within the meaning of the\nAgvet Code at the point of intentional administration to animals.\n(7) In this section:\nAustralia New Zealand Food Standards Code—see the Food\nStandards Australia New Zealand Act 1991 (Cwlth), section 4.\n","sortOrder":328},{"sectionNumber":"Div 7","sectionType":"division","heading":"1.2 Obligations relating to safety data","content":"Division 7.1.2 Obligations relating to safety data\nsheets and other matters\n","sortOrder":329},{"sectionNumber":"Subdiv 7","sectionType":"subdivision","heading":"1.2.1 Obligations of manufacturers and","content":"Subdivision 7.1.2.1 Obligations of manufacturers and\nimporters\nNote 1 A manufacturer or importer of hazardous chemicals may also be a person\nconducting a business or undertaking at a workplace.\nNote 2 A manufacturer or importer is defined in the Act, s 23 or s 24 as a person\nconducting a business or undertaking of manufacturing or importing.\n","sortOrder":330},{"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 must,\nbefore first supplying it to a workplace—\n(a) determine whether the substance, mixture or article is a\nhazardous chemical; and\n\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 9.1 (Correct classification).\n","sortOrder":331},{"sectionNumber":"330","sectionType":"section","heading":"Manufacturer or importer to prepare and provide safety","content":"330 Manufacturer or importer to prepare and provide safety\ndata sheets\n(1) A manufacturer or importer of a hazardous chemical must prepare a\nsafety data sheet for the hazardous chemical—\n(a) before first manufacturing or importing the hazardous chemical;\nor\n(b) if that is not practicable—as soon as practicable after first\nmanufacturing or importing the hazardous chemical and before\nfirst supplying it to a workplace.\n(2) The safety data sheet must comply with schedule 7,\nsection 7.1 (Safety data sheets—content) unless section 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 that it\ncontains correct, current information.\n\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(b) asks for the safety data sheet.\n(5) Subsections (3) and (4) do not apply to a manufacturer or importer of\na hazardous chemical who has not manufactured or imported the\nhazardous chemical in the past 5 years.\n","sortOrder":332},{"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 or\nsample for analysis; and\n(b) it is not reasonably practicable for a manufacturer or importer of\nthe hazardous chemical to comply with schedule 7, section 7.1\n(Safety data sheets—content).\n(2) The manufacturer or importer must prepare a safety data sheet for the\nhazardous chemical that complies with schedule 7,\nsection 7.2 (Safety data sheets—research chemical, waste product or\nsample for analysis).\n\n","sortOrder":333},{"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 section 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(b) requests the manufacturer or importer of the hazardous chemical\nto give the registered medical practitioner the chemical identity\nof 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 treat\nthe patient; and\n(d) gives an undertaking to the manufacturer or importer to give the\nmanufacturer 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 the\nregistered medical practitioner the chemical identity of an ingredient\nof the hazardous chemical as soon as practicable.\n\n","sortOrder":334},{"sectionNumber":"333","sectionType":"section","heading":"Emergency disclosure of chemical identities to","content":"333 Emergency disclosure of chemical identities to\nemergency service worker\nThe manufacturer or importer of a hazardous chemical must give an\nemergency service worker the chemical identity of an ingredient of\nthe hazardous chemical as soon as practicable after the worker\nrequests it.\n","sortOrder":335},{"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 9.2 (Correctly packing hazardous chemicals) as soon\nas practicable after manufacturing or importing the hazardous\nchemical.\n","sortOrder":336},{"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 chemical.\n(2) A hazardous chemical is correctly labelled if—\n(a) the selection and use of label elements is in accordance with the\nGHS and it complies with schedule 9, part 9.3 (Correct\nlabelling); or\n\n(b) the label includes content that complies with another labelling\nrequirement imposed by this regulation, any other territory law\nor Commonwealth law and the content is the same, or\nsubstantially the same, as the content that is required by\nschedule 9, part 9.3.\n(3) This section does not apply to a hazardous chemical if—\n(a) the hazardous chemical is a consumer product that is labelled in\naccordance with the Standard for the Uniform Scheduling of\nMedicines and Poisons, as in force or remade from time to time;\nand\nNote The Standard for the Uniform Scheduling of Medicines and\nPoisons does not need to be notified under the Legislation Act\nbecause s 47 (6) does not apply (see s 15 and Legislation Act,\ns 47 (7)). The Standard is available at www.legislation.gov.au.\n(b) the container for the hazardous chemical has its original label;\nand\n(c) it is reasonably foreseeable that the hazardous chemical will be\nused 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 out\nby a worker using the hazardous chemical.\n(4) This section does not apply to hazardous chemicals in transit.\n(5) This section does not apply to a hazardous chemical that is—\n(a) therapeutic goods within the meaning of the Therapeutic Goods\nAct 1989 (Cwlth); and\nNote The Therapeutic Goods Act 1989 (Cwlth) does not need to be\n\n(b) in a form intended for human consumption, for administration\nto or by a person or use by a person for therapeutic purposes;\nand\n(c) labelled in accordance with that Act or an order made under that\nAct.\n(6) This section does not apply to cosmetics and toiletries.\n(7) This section 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 Standard for the Uniform Scheduling of Medicines and\nPoisons, part 4, schedule 4, if the chemical product is\npackaged and supplied in a form intended for direct\nadministration to an animal for therapeutic purposes; or\n(ii) the Standard for the Uniform Scheduling of Medicines and\nPoisons, part 4, schedule 8.\n(8) This section does not apply to a substance seized by a police officer\nunder the Drugs of Dependence Act 1989.\n\nSubdivision 7.1.2.2 Obligations of suppliers\nNote 1 A supplier of hazardous chemicals may also be a person conducting a\nbusiness or undertaking at a workplace.\nNote 2 A supplier is defined in the Act, s 25 as a person who conducts a business\nor undertaking of supplying.\nNote 3 An operator of a major hazard facility is required to notify certain\nquantities of hazardous chemicals under pt 9.2.\n","sortOrder":337},{"sectionNumber":"336","sectionType":"section","heading":"Restriction on age of person who can supply hazardous","content":"336 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.\n1 decanting fuel into a fuel container\n2 refuelling a car\n","sortOrder":338},{"sectionNumber":"337","sectionType":"section","heading":"Retailer or supplier packing hazardous chemicals","content":"337 Retailer or supplier packing hazardous chemicals\n(1) The supplier of a hazardous chemical must not supply the hazardous\nchemical for use at another workplace if the supplier knows or ought\nreasonably to know that the hazardous chemical is not correctly\npacked.\n\n(2) A retailer who supplies a hazardous chemical in a container provided\nby the person supplied with the chemical must ensure that the\nhazardous chemical is correctly packed.\n","sortOrder":339},{"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 hazardous\nchemical to another workplace if the supplier knows or ought\nreasonably to know that the hazardous chemical is not correctly\nlabelled in accordance with section 335 (Labelling hazardous\nchemicals).\n(2) Subsection (1) does not apply to a hazardous chemical manufactured\nor imported before 1 January 2023 that was, at the time it was\nmanufactured or imported, labelled in accordance with GHS 3.\n","sortOrder":340},{"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 that\nthe current safety data sheet for the hazardous chemical is provided\nwith the hazardous chemical—\n(a) when the hazardous chemical is first supplied to the workplace;\nand\n\n(b) if the safety data sheet for the hazardous chemical is amended—\nwhen the hazardous chemical is first supplied to the workplace\nafter the safety data sheet is amended.\n(2) A hazardous chemical is taken to be first supplied to a workplace if\nthe supply is the first supply of the hazardous chemical to the\nworkplace within 5 years.\n(3) The supplier of a hazardous chemical to a workplace must ensure that\nthe current safety data sheet for the hazardous chemical is provided\nto a person at the workplace if the person asks for the safety data\nsheet.\n(4) This section does not apply to a supplier of a hazardous chemical if—\n(a) the hazardous chemical is a consumer product; or\n(b) the supplier is a retailer.\nNote A manufacturer or importer is required to prepare a safety data sheet\nunder s 330.\n","sortOrder":341},{"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 (Prohibited carcinogens) must not supply the\nsubstance unless the person to be supplied with the substance gives\nthe supplier evidence that—\n(a) the substance is to be used, handled or stored for genuine\nresearch or analysis; and\n\n(i) the regulator has authorised the person to use, handle or\nstore the substance under section 384 (Authorisation to\nuse, handle or store prohibited carcinogens and restricted\ncarcinogens); or\n(ii) the regulator has granted an exemption under part 11.2\n(Exemptions) to the person to use, handle or store the\nsubstance.\n(2) The supplier of a restricted carcinogen referred to in an item in\nschedule 10, table 10.2 (Restricted carcinogens), column 2 must not\nsupply the substance for a use referred to in column 3 for the item\nunless the person to be supplied with the substance gives the supplier\nevidence that—\n(a) the regulator has authorised the person to use, handle or store\nthe substance under section 384; or\n(b) the regulator has granted an exemption to the person under\npart 11.2 to use, handle or store the substance.\n(3) A supplier under subsection (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\n(4) The supplier must keep the record for 5 years after the substance was\nlast supplied to the person.\nSubdivision 7.1.2.3 Obligations of persons conducting\n","sortOrder":342},{"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 section 335\n(Labelling hazardous chemicals).\nNote 2 Handling—see the Act, dictionary.\n(2) Subsection (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\n(c) manufactured or imported before 1 January 2023 that was, at the\ntime it was manufactured or imported, labelled in accordance\nwith GHS 3.\nNote 1 Section 338 applies if the chemical is being supplied to another\n","sortOrder":343},{"sectionNumber":"342","sectionType":"section","heading":"Labelling hazardous chemicals—containers","content":"342 Labelling hazardous chemicals—containers\nensure that a hazardous chemical is correctly labelled in accordance\nwith section 335 (Labelling hazardous chemicals) if the hazardous\nchemical is—\n(a) manufactured at the workplace; or\n(b) transferred or decanted from its original container at the\n(1A) Subsection (1) does not apply to a hazardous chemical—\n(a) manufactured at the workplace, or transferred or decanted from\nits original container at the workplace, before 1 January 2017\nthat was, at the time it was manufactured, or transferred or\ndecanted from its original container, labelled in accordance with\nthe National Code of Practice for the Labelling of Workplace\nSubstances [NOHSC: 2012 (1994)] as in force at that time; or\n(b) manufactured at the workplace before 1 January 2023 that was,\nat the time it was manufactured, labelled in accordance with\nGHS 3; or\n\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\naccordance with GHS 3.\nNote 1 Section 338 applies if the chemical is being supplied to another\nensure, so far as is reasonably practicable, that a container that stores\na hazardous chemical is correctly labelled in accordance with\nsection 335 while the container contains the hazardous chemical.\n(2A) Subsection (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\n(c) manufactured or imported before 1 January 2023 that was, at the\ntime it was manufactured or imported, labelled in accordance\nwith GHS 3.\nNote 1 Section 338 applies if the chemical if in the container is being\nsupplied to another workplace.\nensure that a container labelled for a hazardous chemical is used only\nfor the use, handling or storage of the hazardous chemical.\n(4) This section 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":344},{"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 chemical\nin pipe work is identified by a label, sign or another way on, or near,\nthe pipe work.\n\n","sortOrder":345},{"sectionNumber":"344","sectionType":"section","heading":"Person conducting business or undertaking to obtain and","content":"344 Person conducting business or undertaking to obtain and\ngive access to safety data sheets\nobtain the current safety data sheet for a hazardous chemical prepared\nin accordance with this regulation from the manufacturer, importer or\nsupplier of the hazardous chemical in the following circumstances:\n(a) either—\n(i) not later than when the hazardous chemical is first supplied\nfor use at the workplace; or\n(ii) if the person is not able to obtain the safety data sheet under\nsubparagraph (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 amended—\neither—\n(i) not later than when the hazardous chemical is first supplied\nto the workplace after the safety data sheet is amended; or\n(ii) if the person is not able to obtain the amended safety data\nsheet under subparagraph (i)—as soon as practicable after\nthe hazardous chemical is first supplied to the workplace\nafter the safety data sheet is amended and before the\nhazardous chemical supplied is used at the workplace.\n(2) The 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 within 5 years.\n\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.\nExample—readily accessible\navailable in electronic form at the workplace\n(4) Subsections (1) and (3) do not apply to a hazardous chemical that—\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 the\nhazardous 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 out\nby a worker using the hazardous chemical.\n\n(5) In the circumstances referred to in subsection (4), the person must\nensure that sufficient information about the safe use, handling and\nstorage of the hazardous chemical is readily accessible to—\n(a) a worker 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.\n(6) The person must ensure that the current safety data sheet for the\nhazardous chemical is readily accessible to a person at the workplace\nif the person—\n(a) is likely to be affected by the hazardous chemical; and\n(b) asks for the safety data sheet.\n","sortOrder":346},{"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 chemical;\nand\n(ii) changes the safety data sheet in a way that is consistent\nwith the duties of the importer or manufacturer under\nsection 330 (Manufacturer or importer to prepare and\nprovide safety data sheets); or\n\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 the\noriginal safety data sheet.\nNote 2 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 s 330 (3) (b)).\nDivision 7.1.3 Register and manifest of hazardous\nSubdivision 7.1.3.1 Hazardous chemicals register\n346 Hazardous chemicals register\n(a) a register of hazardous chemicals used, handled or stored at the\nworkplace 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 listed.\n\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\nchemical; and\n(b) anyone else who is likely to be affected by a hazardous chemical\n(4) This section does not apply to a hazardous chemical if—\n(a) the hazardous chemical is in transit, unless there is a significant\nor frequent presence of the hazardous chemical in transit at the\nworkplace; or\n(b) the hazardous chemical is a consumer product and the person is\nnot required to obtain a safety data sheet for the hazardous\nchemical under section 344 (Person conducting business or\nundertaking to obtain and give access to safety data sheets).\nSubdivision 7.1.3.2 Manifest of Schedule 11 hazardous\nNote Section 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":347},{"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 must,\nif the quantity of a Schedule 11 hazardous chemical or group of\nSchedule 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\n(b) amend the manifest as soon as practicable if—\n(i) the type or quantity of Schedule 11 hazardous chemical or\ngroup of Schedule 11 hazardous chemicals that must be\nlisted in the manifest changes; or\n(ii) there is a significant change in the information required to\nbe recorded in the manifest.\n(2) A manifest of Schedule 11 hazardous chemicals must comply with\nschedule 12 (Manifest requirements).\n(3) The person must keep the manifest—\n(a) in a place determined in agreement with the primary emergency\nservice organisation; and\n(b) available for inspection under the Act; and\n(c) readily accessible to the emergency service organisation.\n\n","sortOrder":348},{"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\nSchedule 11 hazardous chemical or group of Schedule 11 hazardous\nchemicals that exceeds the manifest quantity is used, handled or\nstored, or is to be used, handled or stored, at the workplace.\n(2) The notice under subsection (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 workplace\nor at least 14 days before that first use handling or storage\n(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\nSchedule 11 hazardous chemical or group of Schedule 11\nhazardous chemicals at the workplace or at least 14 days before\nthat change (whichever is earlier).\n(3) The notice under subsection (1) must include the following:\n(a) the name and ABN of the person conducting the business or\n(b) the type of business or undertaking conducted;\n(c) if the workplace was previously occupied by someone else—the\nname 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\n(e) the manifest prepared by the person conducting the business or\nundertaking under section 347;\n(f) in the case of a notice under subsection (2) (b)—details of the\nchanges to the manifest.\nensure that the regulator is given written notice as soon as practicable\nafter the Schedule 11 hazardous chemical or group of Schedule 11\nhazardous chemicals ceases to be used, handled or stored at the\nworkplace if it is not likely to be used, handled or stored at the\nworkplace in the future.\n(5) The notice under subsection (4) must include the information referred\nto in subsection (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.\nNote 3 An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\n\n","sortOrder":349},{"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 stored\nat the workplace exceeds the placard quantity for the Schedule 11\nhazardous chemical or group of Schedule 11 hazardous chemicals.\n(2) An outer warning placard must comply with schedule 13 (Placard\nrequirements).\n(3) This section 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\nPlacards Division 7.1.4\n","sortOrder":350},{"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 the\ntotal quantity of a Schedule 11 hazardous chemical or group of\nSchedule 11 hazardous chemicals stored at the workplace exceeds the\nplacard quantity for the Schedule 11 hazardous chemical or group of\nSchedule 11 hazardous chemicals.\n(2) A placard must comply with schedule 13 (Placard requirements).\n(3) This section does not apply to a Schedule 11 hazardous chemical or\ngroup 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 IBC,\nthat is intended for transport and a placard is displayed on the\ncontainer 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 vehicle.\nNote IBC—see the dictionary.\n\nDivision 7.1.5 Control of risk—obligations of\npersons conducting businesses or\nSubdivision 7.1.5.1 General obligations relating to\nmanagement of risk\n351 Management of risks to health or safety—Act, s 19\n(1) A person conducting a business or undertaking must manage, in\naccordance with part 3.1 (Managing risks to health and safety), risks\nto health and safety associated with using, handling, generating or\nstoring a hazardous chemical at a workplace.\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 between\nthe hazardous chemical and another substance or mixture,\nincluding a substance that may be generated by the reaction;\n(c) the nature of the work to be carried out with the hazardous\nchemical;\n(d) any structure, plant or system of work—\n(i) that is used in the use, handling, generation or storage of\nthe hazardous chemical; or\n(ii) that could interact with the hazardous chemical at the\n\n","sortOrder":351},{"sectionNumber":"352","sectionType":"section","heading":"Review of control measures","content":"352 Review of control measures\nIn addition to the circumstances in section 38 (Review of control\nmeasures), a person conducting a business or undertaking at a\nworkplace must ensure that any measures implemented to control\nrisks in relation to a hazardous chemical at the workplace are\nreviewed and, as necessary, revised in any of the following\ncircumstances:\n(a) after any change to the safety data sheet for the hazardous\nchemical or the register of hazardous chemicals;\n(b) if the person obtains a health monitoring report for a worker\nunder division 7.1.6 (Health monitoring) that contains—\n(i) test results that indicate that the worker has been exposed\nto the hazardous chemical and has an elevated level of\nmetabolites in their body for that hazardous chemical; 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, including\nwhether the worker can continue to carry out the work\nusing, handling, generating or storing the hazardous\nchemical that triggered the requirement for health\nmonitoring;\n(c) if monitoring carried out under section 50 (Monitoring airborne\ncontaminant levels) determines that the airborne concentration\nof the hazardous chemical at the workplace exceeds the relevant\nexposure standard;\n\n(d) at least once every 5 years.\n","sortOrder":352},{"sectionNumber":"353","sectionType":"section","heading":"Safety signs","content":"353 Safety signs\n(1) This section applies if a safety sign is required to control an identified\nrisk in relation to using, handling, generating or storing hazardous\nchemicals at a workplace.\ndisplay 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 the\nhazardous 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\n","sortOrder":353},{"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) Subsection (1) does not apply if the hazardous chemical undergoes\nthe physical or chemical reaction in a manufacturing process or as\npart of a deliberate process or activity at the workplace.\ntake all reasonable steps to ensure that a hazardous chemical is used,\nhandled, generated or stored so as not to contaminate food, food\npackaging or personal use products.\nExamples—personal use products\n cosmetics\n face washer\n(4) Subsection (3) does not apply to the use of a hazardous chemical for\nagricultural purposes when used in accordance with the Environment\nProtection Regulation 2005.\n\n","sortOrder":354},{"sectionNumber":"355","sectionType":"section","heading":"Specific control—fire and explosion","content":"355 Specific control—fire and explosion\nA person conducting a business or undertaking at a workplace must,\nif there is a possibility of fire or explosion in a hazardous area being\ncaused by an ignition source being introduced into the area, ensure\nthat the ignition source is not introduced into the area (from outside\nor within the space).\n","sortOrder":355},{"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 chemical\nused, handled or stored at the workplace does not become unstable,\ndecompose 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\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 for\nthe chemical or by the manufacturer of the hazardous chemical;\nand\n(b) if a hazardous chemical used, handled or stored at the workplace\nis known to be unstable above a particular temperature—the\nhazardous chemical is used, handled or stored at or below that\ntemperature.\n(3) This section 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 deliberate\nprocess 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\nSubdivision 7.1.5.2 Spills and damage\n","sortOrder":356},{"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 risk\nfrom a spill or leak of a hazardous chemical in a solid or liquid form,\nprovision is made in each part of the workplace where the hazardous\nchemical is used, handled, generated or stored for a spill containment\nsystem that contains within the workplace any part of the hazardous\nchemical that spills or leaks, and any resulting effluent.\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.\ncompatible, for 2 or more substances, mixtures or items, means that\nthe substances, mixtures or items do not react together to cause a fire,\nexplosion, harmful reaction or evolution of flammable, toxic or\ncorrosive vapour.\n\n","sortOrder":357},{"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 are\nprotected against damage caused by an impact or excessive loads.\nSubdivision 7.1.5.3 Emergency plans and safety equipment\n","sortOrder":358},{"sectionNumber":"359","sectionType":"section","heading":"Fire protection and firefighting equipment","content":"359 Fire protection and firefighting equipment\nensure the following:\n(a) the workplace is provided with fire protection and firefighting\nequipment that is designed and built for the types of hazardous\nchemicals at the workplace in the quantities in which they are\nused, handled, generated or stored at the workplace, and the\nconditions under which they are used, handled, generated or\nstored, 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 firefighting equipment is compatible with\nfirefighting equipment used by the primary emergency service\norganisation;\n(c) the fire protection and firefighting equipment is properly\ninstalled, tested and maintained;\n\n(d) a dated record is kept of the latest testing results and\nmaintenance until the next test is conducted.\n(2) If a part of the fire protection and firefighting equipment provided at\nthe workplace becomes unserviceable or inoperative, the person must\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 the\nrisks.\n(3) The person must ensure that the fire protection and firefighting\nequipment is returned to full operation as soon as practicable.\n\n","sortOrder":359},{"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 ensure\nthat equipment is always available at the workplace for use in an\nNote 2 A person conducting a business or undertaking must comply with\ndiv 3.2.4.\n","sortOrder":360},{"sectionNumber":"361","sectionType":"section","heading":"Emergency plans","content":"361 Emergency plans\n(1) This section applies if the quantity of a Schedule 11 hazardous\nchemical used, handled, generated or stored at a workplace exceeds\nthe manifest quantity for that hazardous chemical.\ngive a copy of the emergency plan prepared under division 3.2.4\n(Emergency plans) for the workplace to the primary emergency\nservice organisation.\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 with\nthe recommendation.\n\n","sortOrder":361},{"sectionNumber":"362","sectionType":"section","heading":"Safety equipment","content":"362 Safety equipment\n(1) This section applies if safety equipment is required to control an\nidentified risk in relation to using, handling, generating or storing\nhazardous chemicals at a workplace.\nensure that the safety equipment is provided, maintained and readily\naccessible to persons at the workplace.\nSubdivision 7.1.5.4 Storage and handling systems\n","sortOrder":362},{"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 the\nworkplace for the use, handling or storage of hazardous chemicals—\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\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 or\nstorage of hazardous chemicals for the activity to be carried out\nsafely.\ninformation provided at a training course\n","sortOrder":363},{"sectionNumber":"364","sectionType":"section","heading":"Containers for hazardous chemicals used, handled or","content":"364 Containers for hazardous chemicals used, handled or\nstored in bulk\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 work\nor attachments to prevent—\n(i) damage to the container, the associated pipe work or\nattachments; and\n(ii) a notifiable incident.\n\n","sortOrder":364},{"sectionNumber":"365","sectionType":"section","heading":"Stopping use and disposing of handling systems","content":"365 Stopping use and disposing of handling systems\n(1) This section applies to a system used at a workplace for the use,\nhandling or storage of hazardous chemicals if a person conducting a\nbusiness or undertaking at the workplace intends that the system no\nlonger be used for the use, handling or storage of the hazardous\nchemicals or be disposed of.\n(2) The person must ensure, so far as is reasonably practicable, that the\nsystem is free of the hazardous chemicals when the system stops\nbeing 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 chemicals\nfrom the system, the person must correctly label the system.\nNote 2 For correctly labelling hazardous chemicals, see subdiv 7.1.2.3.\n","sortOrder":365},{"sectionNumber":"366","sectionType":"section","heading":"Stopping use of underground storage and handling","content":"366 Stopping use of underground storage and handling\nsystems\n(1) This section applies in relation to a system used at a workplace for\nthe use, handling or storage of hazardous chemicals underground if a\nperson conducting a business or undertaking at the workplace intends\nthat the system no longer be used for the use, handling or storage of\nthe hazardous chemicals or be disposed of.\n\n(2) The person must ensure, so far as is reasonably practicable, that the\nsystem is removed.\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":366},{"sectionNumber":"367","sectionType":"section","heading":"Notification of abandoned tank","content":"367 Notification of abandoned tank\n(1) This section applies to a person conducting a business or undertaking\nat 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 tank\nas soon as practicable after the tank is abandoned.\n\ntank means a container, other than an IBC, designed to use, handle or\nstore hazardous chemicals in bulk and includes fittings, closures and\nother equipment attached to the container.\n","sortOrder":367},{"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 is\na significant risk to the worker’s health because of exposure to\na hazardous chemical referred to in schedule 14, table 14.1,\ncolumn 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, column 2) and\neither—\n(i) valid techniques are available to detect the effect on the\nworker’s health; or\n\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 hazardous\nchemical has resulted in the biological exposure standard\nbeing exceeded.\nNote 2 Exposure standard—see the dictionary.\n","sortOrder":368},{"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.\n","sortOrder":369},{"sectionNumber":"370","sectionType":"section","heading":"Duty to ensure that appropriate health monitoring is","content":"370 Duty to ensure that appropriate health monitoring is\nprovided\nhealth monitoring of a worker referred to in section 368 (Duty to\nprovide health monitoring) includes health monitoring of a type\nreferred to in an item in schedule 14, table 14.1, column 3 in relation\nto a hazardous chemical referred to in column 2 for the item, unless—\n(a) an equal or better type of health monitoring is available; and\n\n(b) the use of that other type of monitoring is recommended by a\nregistered medical practitioner with experience in health\n","sortOrder":370},{"sectionNumber":"371","sectionType":"section","heading":"Duty to ensure health monitoring is supervised by","content":"371 Duty to ensure health monitoring is supervised by\nregistered medical practitioner with experience\nhealth monitoring of a worker referred to in section 368 (Duty to\nprovide health monitoring) is carried out by or under the supervision\nof a registered medical practitioner with experience in health\n","sortOrder":371},{"sectionNumber":"372","sectionType":"section","heading":"Duty to pay costs of health monitoring","content":"372 Duty to pay costs of health monitoring\nrelating to health monitoring referred to in section 368 (Duty to\nprovide health monitoring).\n\n1 of them to commission the health monitoring, the costs of the health\nmonitoring for which any of those persons is liable must be\n","sortOrder":372},{"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\ntriggered the requirement for health monitoring;\n(d) if the worker has started that work—how long the worker has\n\n","sortOrder":373},{"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 section 368 (Duty to provide health\nmonitoring) must take all reasonable steps to obtain a health\nmonitoring report from the registered medical practitioner who\ncarried out or supervised the monitoring as soon as practicable after\nthe monitoring is carried out in relation to a worker.\n(d) the date of the health monitoring;\n(e) any test results that indicate whether or not the worker has been\nexposed 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 or\n(h) whether medical counselling is required for the worker in\n\n","sortOrder":374},{"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 commissioned\n","sortOrder":375},{"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 is\na copy of the health monitoring report relating to a worker to the\n(a) any advice that test results indicate that the worker may have\nthe 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 or\nworker can continue to carry out the work using, handling,\ngenerating or storing hazardous chemicals that triggered the\nrequirement for health monitoring.\n\n","sortOrder":376},{"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 under\nsection 368 (Duty to provide health monitoring) must give a copy of\nthe 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.\n","sortOrder":377},{"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.\n\nInduction, information, training and supervision Division 7.1.7\nsection 376 (Duty to give health monitoring report to regulator) or\nsection 377 (Duty to give health monitoring report to relevant persons\nDivision 7.1.7 Induction, information, training and\nsupervision\n","sortOrder":378},{"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(b) operates, tests, maintains, repairs or decommissions a storage or\nhandling 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 chemical;\nand\n(b) the information, training and instruction required under\nsection 39 (Provision of information, training and instruction—\nAct, s 19).\nNote In addition, the Act, s 19 (3) (f) requires the provision of information,\ntraining, instruction and supervision.\n\nDivision 7.1.8 Prohibition, authorisation and\n","sortOrder":379},{"sectionNumber":"380","sectionType":"section","heading":"Using, handling and storing prohibited carcinogens","content":"380 Using, handling and storing prohibited carcinogens\nto use, handle or store, a prohibited carcinogen referred to in\nschedule 10, table 10.1, column 2 unless—\n(a) the prohibited carcinogen is used, handled or stored for genuine\nresearch or analysis; and\n(b) the regulator has authorised the use, handling or storage of the\nprohibited carcinogen under section 384 (Authorisation to use,\nhandle or store prohibited carcinogens and restricted\ncarcinogens).\n","sortOrder":380},{"sectionNumber":"381","sectionType":"section","heading":"Using, handling and storing restricted carcinogens","content":"381 Using, handling and storing restricted carcinogens\nto use, handle or store, a restricted carcinogen referred to in an item\nin schedule 10, table 10.2, column 2 for a purpose referred to in\ncolumn 3 for the item unless the regulator has authorised the use,\nhandling or storage of the restricted carcinogen under section 384\n(Authorisation to use, handle or store prohibited carcinogens and\nrestricted carcinogens).\n\nProhibition, authorisation and restricted use Division 7.1.8\n","sortOrder":381},{"sectionNumber":"382","sectionType":"section","heading":"Using, handling and storing restricted hazardous","content":"382 Using, handling and storing restricted hazardous\nto use, handle or store, a restricted hazardous chemical referred to in\nan item in schedule 10, table 10.3, column 2 for a purpose referred to\nin column 3 for the item.\nto use, handle or store, polychlorinated biphenyls (PCBs) unless the\nuse, 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.\n","sortOrder":382},{"sectionNumber":"383","sectionType":"section","heading":"Application for authorisation to use, handle or store","content":"383 Application for authorisation to use, handle or store\nprohibited and 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\nschedule 10 (Prohibited carcinogens, restricted carcinogens and\nrestricted hazardous chemicals) 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\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 carcinogen;\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","content":"384 Authorisation to use, handle or store prohibited\ncarcinogens and restricted carcinogens\n(1) If a person applies under section 383, the regulator may grant an\nauthorisation to use, handle or store a prohibited carcinogen or\nrestricted carcinogen under this section.\n(2) The regulator may authorise the person to use, handle or store a\nprohibited carcinogen referred to in an item in schedule 10, table 10.1\nat the workplace only if the carcinogen will be used, handled or stored\nonly for genuine research or analysis.\n\nProhibition, authorisation and restricted use Division 7.1.8\n(3) The regulator may authorise the person to use, handle or store a\nrestricted carcinogen referred to in an item in schedule 10, table 10.2\nat the workplace only if the carcinogen will be used, handled or stored\nonly for a use referred to in column 3 for the item.\n(4) The regulator may impose any conditions on the authorisation that the\nregulator considers necessary to achieve the objectives of the Act or\nthis regulation.\n(5) The regulator must refuse to authorise the use, handling or storage of\nthe carcinogen for a use not referred to in this section.\nNote A decision to refuse an authorisation is a reviewable decision (see s 676).\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 section 383 for authorisation to use,\nhandle or store a prohibited carcinogen or restricted carcinogen must\ngive the regulator written notice of any change in the information\ngiven in the application before the change or as soon as practicable\nafter the person becomes aware of the change.\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\nsection 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 since\nthe authorisation was granted.\nNote A decision to cancel an authorisation is a reviewable decision (see s 676).\n\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 is\nauthorised under section 384 to use, handle or store a prohibited\ncarcinogen or restricted carcinogen at the workplace; and\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 the\nworker 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\nat a workplace is authorised under section 384 to use, handle or store\na prohibited carcinogen or restricted carcinogen 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\nPipelines Division 7.1.9\n(b) keep a copy of each authorisation given to the person including\nany conditions imposed on the authorisation.\n(3) The person must keep the records for 30 years after the authorisation\nends.\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 chemicals\nthrough 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, structure,\nequipment or substance that is not part of the pipeline does not affect\nthe hazardous chemicals or the pipeline in a way that increases risk.\n\n","sortOrder":389},{"sectionNumber":"390","sectionType":"section","heading":"Pipeline builder's duties","content":"390 Pipeline builder's duties\n(1) This section applies to a person who intends to build a pipeline that\nwill—\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, renewal\nand 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 in\nthe 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\nsubsection (2)—when the information changes;\n(d) if part of the pipeline is to be repaired—before the pipeline is\nrepaired;\n\nPipelines Division 7.1.9\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","content":"391 Management of risks to health and safety by pipeline\noperator—Act, s 19\n(1) A person conducting a business or undertaking at a workplace who is\nthe operator of a pipeline (the operator) used to transfer hazardous\nchemicals must manage, in accordance with part 3.1 (Managing risks\nto health and safety), risks to health and safety associated with the\ntransfer of the hazardous chemicals through the pipeline.\n(2) The operator of a pipeline used to transfer a hazardous chemical must\nensure, 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\n(3) The operator of a pipeline that transfers a Schedule 11 hazardous\nchemical into a public place must ensure that the regulator is notified\nof—\n(a) the supplier of the hazardous chemical; and\n(b) the receiver of the hazardous chemical; and\n(c) the correct classification of the hazardous chemical.\n\nLead process Division 7.2.1\nNote In workplaces where lead processes are carried out, this part applies in\naddition to pt 7.1.\n","sortOrder":391},{"sectionNumber":"392","sectionType":"section","heading":"Meaning of lead process—pt 7.2","content":"392 Meaning of lead process—pt 7.2\nIn this part, a lead process consists of any of the following carried out\nat 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 or\nrepair of, or parts of, batteries containing lead that involves the\nmanipulation of dry lead compounds, or pasting or casting lead;\n(c) breaking up or dismantling batteries containing lead, or sorting,\npacking and handling plates or other parts containing lead that\nare removed or recovered from the batteries;\n(d) spraying molten lead metal or alloys containing more than 5%\nby 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(h) machine sanding or buffing surfaces coated with paint\ncontaining more than 1% by dry weight of lead;\n\n(i) a process by which electric arc, oxyacetylene, oxy gas, plasma\narc or a flame is applied for welding, cutting or cleaning, to the\nsurface of metal coated with lead or paint containing more than\n1% 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 than\n50% 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 square metre and the temperature of the\nmolten material does not exceed 450°C;\n(o) using a power tool, including abrasive blasting and high pressure\nwater jets, to remove a surface coated with paint containing\nmore than 1% by dry weight of lead and handling waste\ncontaining lead resulting from the removal;\n(p) a process that exposes a person to lead dust or lead fumes arising\nfrom manufacturing or testing detonators or other explosives\nthat contain lead;\n(q) a process that exposes a person to lead dust or lead fumes arising\nfrom firing weapons at an indoor firing range;\n\nLead process Division 7.2.1\n(r) foundry processes involving—\n(i) melting or casting lead alloys containing more than 1% by\nweight of lead metal in which the temperature of the\nmolten material exceeds 450°C; or\n(ii) dry machine grinding, discing, buffing or cutting by power\ntools lead alloys containing more than 1% by weight of\nlead metal;\n(s) a process decided by the regulator to be a lead process under\nsection 393.\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 unless\nthe regulator is satisfied on reasonable grounds that the process\ncreates a risk to the health of a worker at the workplace having regard\nto blood lead levels of workers, or airborne lead levels, at the\nNote A decision that a process is a lead process is a reviewable decision\n(3) The regulator must, within 14 days after the day a decision is made\nunder subsection (1), give written notice of the decision to the person\nconducting a business or undertaking at the workplace.\n\n","sortOrder":393},{"sectionNumber":"394","sectionType":"section","heading":"Meaning of lead risk work—pt 7.2","content":"394 Meaning of lead risk work—pt 7.2\nlead risk work means work carried out in a lead process that is likely\nto cause the blood lead level of a worker carrying out the work to\nexceed—\n(a) for a female of reproductive capacity—5μg/dL (0.24μmol/L); or\n(b) in any other case—20μg/dL (0.97μmol/L).\n","sortOrder":394},{"sectionNumber":"395","sectionType":"section","heading":"Duty to give information about health risks of lead","content":"395 Duty to give information about health risks of lead\n(1) A person conducting a business or undertaking that carries out a lead\nprocess 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 7.2.4 (Health\nmonitoring).\n\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 7.2.4.\n","sortOrder":395},{"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 lead\nis confined to a lead process area at the workplace.\n","sortOrder":396},{"sectionNumber":"397","sectionType":"section","heading":"Cleaning methods","content":"397 Cleaning methods\nensure, so far as is reasonably practicable, that a lead process area at\nthe workplace is kept clean.\n(2) The person must ensure that the methods used to clean a lead process\narea—\n(a) do not create a risk to the health of persons in the immediate\nvicinity of the area; and\n\n(b) do not have the potential to spread the contamination of lead.\n","sortOrder":397},{"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, drink,\nchew gum, smoke or carry materials used for smoking in a lead\nprocess 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 lead\n","sortOrder":398},{"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 clothing;\nand\n(b) minimise ingestion of lead; and\n\n(c) avoid the spread of lead contamination.\n(2) The person must ensure, so far as is reasonably practicable, that\nworkers at the workplace remove clothing and equipment that is or is\nlikely to be contaminated with lead, and wash their hands and faces,\nbefore entering an eating or drinking area at the workplace.\n","sortOrder":399},{"sectionNumber":"400","sectionType":"section","heading":"Laundering, disposal and removal of personal protective","content":"400 Laundering, disposal and removal of personal protective\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 accept\nlead-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 re-used for lead process\n\n(i) is decontaminated before it is removed from the lead\nprocess area; or\nthe lead process area—is kept in the sealed container until\nit is re-used for lead process work.\n(2) The person must ensure that a sealed container referred to in\nsubsection (1) is decontaminated before being removed from the lead\nprocess area.\nNote 2 Section 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 section; or\n(b) disposed of.\n\n","sortOrder":400},{"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 section 415 (Removal of worker from lead risk\nwork);\n(b) the person obtains a health monitoring report for a worker under\ndivision 7.2.4 (Health monitoring) that contains—\n(i) test results that indicate that the worker has reached or\nexceeded the relevant blood lead level for that worker\nunder section 415; 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 lead risk work that triggered the\nrequirement for health monitoring; or\n(iii) any recommendation that the person conducting the\nbusiness or undertaking take remedial measures, including\na recommendation that the worker be removed from\ncarrying out lead risk work at the workplace;\n(c) the control measure does not control the risk it was implemented\nto control so far as is reasonably practicable;\n1 results of any monitoring\n2 a notifiable incident occurs because of the risk\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 not\neffectively control;\n(e) a new relevant hazard or risk is identified;\n\n(f) the results of consultation by the person under the Act or this\nregulation indicate that a review is necessary;\n(g) a health and safety representative requests a review under\nsubsection (3);\n(h) the regulator requires the review;\n(i) at least once every 5 years.\n(2) Without limiting subsection (1) (d), a change at the workplace\nincludes—\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 reasonably\nbelieves that—\n(a) a circumstance referred to in subsection (1) (a) to (f) affects or\nmay affect the health and safety of a member of the work group\nrepresented by the health and safety representative; and\n(b) the duty holder has not adequately reviewed the control measure\nin response to the circumstance.\n\nLead risk work Division 7.2.3\n","sortOrder":401},{"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 undertaking at\nthe workplace to determine if lead risk work is carried out in the\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 relation\nto the use of lead at the workplace.\n(3) In assessing a lead process, the person must not have regard to the\neffect of using personal protective equipment on the health and safety\nof workers at the workplace.\n\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 out\nin the process.\n","sortOrder":402},{"sectionNumber":"403","sectionType":"section","heading":"Notification of lead risk work","content":"403 Notification of lead risk work\n(1) Subject to subsection (5), if a person conducting a business or\nundertaking at a workplace determines that work at the workplace is\nlead risk work, the person must give the regulator written notice\nwithin 7 days after the determination is made that the work is lead\nrisk work.\n(2) A notice under this section must state the kind of lead process being\ncarried out that includes the lead risk work.\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 worker\nwho is likely to be exposed to lead, and the worker’s health and\nsafety representative.\n(4) Subsection (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\n(b) providing first aid to a person.\n(5) The emergency service organisation must give notice under\nsubsection (1) as soon as practicable after determining that the work\nis lead risk work.\n","sortOrder":403},{"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 section 403 before the change or as soon as\npracticable after the person becomes aware of the change.\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 worker\nwho is likely to be exposed to lead, and the worker’s health and\nsafety representative.\n","sortOrder":404},{"sectionNumber":"405","sectionType":"section","heading":"Duty to provide health monitoring before first","content":"405 Duty to provide health monitoring before first\ncommencing lead risk work\nensure that health monitoring is provided to a worker—\n(a) before the worker first commences lead risk work for the person;\nand\n\n(b) 1 month after the worker first commences lead risk work for the\n(2) If work is identified as lead risk work after a worker commences the\nwork, the person conducting the business or undertaking must ensure\nthat health monitoring of the worker is provided—\n(a) as soon as practicable after the lead risk work is identified; and\n(b) 1 month after the first monitoring of the worker under\nparagraph (a).\n","sortOrder":405},{"sectionNumber":"406","sectionType":"section","heading":"Duty to ensure that appropriate health monitoring is","content":"406 Duty to ensure that appropriate health monitoring is\nprovided\nSubject to section 407, a person conducting a business or undertaking\nmust ensure that health monitoring of a worker referred to in\nsection 405 includes health monitoring of a type referred to in an item\nin schedule 14, table 14.2 (Lead requiring health monitoring)\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\n\n","sortOrder":406},{"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 lead\nrisk work for the person to be carried out at the following times:\n(a) for females not of reproductive capacity and males—\n(i) if the last monitoring shows a blood lead level of less than\n10μg/dL (0.48μmol/L)—6 months after the last biological\n(ii) if the last monitoring shows a blood lead level of 10μg/dL\n(0.48μmol/L) or more but less than 20μg/dL\n(0.97μmol/L)—3 months after the last biological\n(iii) if the last monitoring shows a blood lead level of 20μg/dL\n(0.97μmol/L) or more—6 weeks after the last biological\nmonitoring of the worker;\n(b) for females of reproductive capacity—\n(i) if the last monitoring shows a blood lead level of less than\n5μg/dL (0.24μmol/L)—3 months after the last biological\n(ii) if the last monitoring shows a blood lead level of 5μg/dL\n(0.24μmol/L) or more but less than 10μg/dL\n(0.48μmol/L)—6 weeks after the last biological\nmonitoring of the worker.\n\n(2) The person must increase the frequency of biological monitoring of a\nworker who carries out lead risk work if the worker carries out an\nactivity that is likely to significantly change the nature or increase the\nduration 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, carrying\nout 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 subsection (3)\nwithin 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\nsubsection (4).\nNote 2 A determination of a different frequency for biological monitoring is a\nNote 3 Biological monitoring, blood lead level, lead risk work (see dict).\n\n","sortOrder":407},{"sectionNumber":"408","sectionType":"section","heading":"Duty to ensure health monitoring is supervised by","content":"408 Duty to ensure health monitoring is supervised by\nregistered medical practitioner with relevant experience\nhealth monitoring of a worker referred to in this division is carried\nout by, or under the supervision of, a registered medical practitioner\nwith experience in health monitoring.\n","sortOrder":408},{"sectionNumber":"409","sectionType":"section","heading":"Duty to pay costs of health monitoring","content":"409 Duty to pay costs of health monitoring\nrelating to health monitoring referred to in this division.\n1 of them to commission the health monitoring, the costs of the health\nmonitoring for which any of those persons is liable must be\n\n","sortOrder":409},{"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 that\nhas triggered the requirement for health monitoring;\n(d) if the worker has started that work, how long the worker has\n","sortOrder":410},{"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 reasonable\nsteps to obtain a health monitoring report from the registered medical\npractitioner who carried out or supervised the monitoring as soon as\npracticable after the monitoring is carried out in relation to a worker.\n\n(d) the date of health monitoring;\n(e) if a blood sample is taken—the date the blood sample is taken;\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\nsection 415 (Removal of worker from lead risk work);\n(i) any advice that test results indicate that the worker may have\nthe lead risk work that triggered the requirement for health\nmonitoring;\n(j) any recommendation that the person conducting the business or\nNote The duty under s 415 to remove a worker from carrying out lead\nrisk work applies even if there is no recommendation of a\nregistered medical practitioner to do so.\n(k) whether medical counselling is required for the worker in\n\n","sortOrder":411},{"sectionNumber":"412","sectionType":"section","heading":"Duty to give health monitoring report to worker","content":"412 Duty to give health monitoring report to worker\n","sortOrder":412},{"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 is\na copy of the health monitoring report relating to the worker to the\n(a) test results that indicate that the worker has reached or exceeded\nthe relevant blood lead level for that person under section 415\n(Removal of worker from lead risk work); or\n(b) any advice that test results indicate that the worker may have\nor\n(c) any recommendation that the person conducting the business or\nworker can continue to carry out the work that triggered the\nrequirement for health monitoring.\n\n","sortOrder":413},{"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.\n","sortOrder":414},{"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 is\ncarrying 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) for females not of reproductive capacity and males—\n30μg/dL (1.45μmol/L); or\n(ii) for females of reproductive capacity—10μg/dL\n(0.48μmol/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\n(c) there is an indication that a risk control measure has failed and,\nas a result, the worker’s blood lead level is likely to reach the\nrelevant level for the worker referred to in paragraph (a).\n(2) The person must notify the regulator as soon as practicable if a worker\nis removed from carrying out lead risk work under subsection (1).\n","sortOrder":415},{"sectionNumber":"416","sectionType":"section","heading":"Duty to ensure medical examination if worker removed","content":"416 Duty to ensure medical examination if worker removed\nfrom lead risk work\n(1) This section applies if a worker is removed from carrying out lead\nrisk work under section 415.\n(2) The person conducting the business or undertaking who removes the\nworker from carrying out lead risk work must arrange for the worker\nto be medically examined by a registered medical practitioner with\nexperience in health monitoring within 7 days after the day the\nworker is removed.\n(3) The person must consult the worker in the selection of the registered\nmedical practitioner.\n\n","sortOrder":416},{"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\nsection 415 (Removal of worker from lead risk work); and\n(b) the person conducting a business or undertaking at the\nworkplace who removed the worker expects the worker to return\nto carrying out lead risk work at the workplace.\n(2) The person conducting the business or undertaking must arrange for\nhealth 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(3) The person conducting the business or undertaking must ensure that\nthe worker does not return to carrying out lead risk work until—\n(a) the worker’s blood lead level is less than—\n(i) for females not of reproductive capacity and males—\n20μg/dL (0.97μmol/L); or\n(ii) for females of reproductive capacity—5μg/dL\n(0.24μmol/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\n","sortOrder":417},{"sectionNumber":"418","sectionType":"section","heading":"Health monitoring records","content":"418 Health monitoring records\n(b) for at least 30 years after the record is made.\nsection 412 (Duty to give health monitoring report to worker),\nsection 413 (Duty to give health monitoring report to regulator) or\nsection 414 (Duty to give health monitoring report to relevant persons\n\n","sortOrder":418},{"sectionNumber":"418A","sectionType":"section","heading":"Definitions—ch 7A","content":"418A Definitions—ch 7A\nairborne crystalline silica means an airborne contaminant containing\nrespirable crystalline silica.\nClass H vacuum means a vacuum that complies with the\nrequirements of Class H of AS/NZS 60335.2.69:2017 (Household\nand similar electrical appliances – Safety, Part 2.69: Particular\nrequirements for wet and dry vacuum cleaners, including power\nbrush, for commercial use), or requirements equivalent to the\nstandard.\nClass M vacuum means a vacuum that complies with the\nrequirements of Class M of AS/NZS 60335.2.69:2017 (Household\nand similar electrical appliances – Safety, Part 2.69: Particular\nrequirements for wet and dry vacuum cleaners, including power\nbrush, for commercial use), or requirements equivalent to the\nstandard.\nNote AS/NZS 60335.2.69.2017 does not need to be notified under the\ncrystalline silica—\n(a) means crystalline polymorphs of silica; and\n(b) includes the following substances:\n(i) cristobalite;\n(ii) quartz;\n\n(iii) tridymite;\n(iv) tripoli.\ncrystalline silica control measure—each of the following control\nmeasures is a crystalline silica control measure in relation to the\nprocessing of engineered stone, stone-substitute material or other\ncrystalline silica material:\n(a) a water delivery system supplying a continuous feed of water\nover the processing area is used to suppress airborne crystalline\nsilica produced by the processing;\n(b) a wet dust suppression method;\n(c) the attachment of a Class H vacuum to the tool used for\nprocessing;\n(d) for other crystalline silica material containing less than 25%\ncrystalline silica—the attachment of a Class M vacuum to the\ntool used for processing;\n(e) the use of a local exhaust ventilation system;\n(f) the isolation of the place where the processing occurs from other\nworkers.\ncrystalline silica material means—\n(a) engineered stone; or\n(b) natural stone containing crystalline silica; or\n(c) any of the following containing crystalline silica:\n(i) a concrete or cement product;\n(ii) a brick, paver or other similar block;\n(iii) a ceramic wall or floor tile;\n(iv) grout, mortar or render;\n(v) plasterboard;\n\n(vi) a porcelain product;\n(vii) sintered stone;\n(viii) a roof tile.\nNote An item mentioned in par (b) or par (c) containing crystalline silica and\nother materials may be engineered stone (see def engineered stone).\nengineered stone—\n(a) means an artificial product that—\n(i) contains 1% or more crystalline silica, determined as a\n(ii) is created by combining natural stone with other materials;\nand\nExamples—other materials\npigment, resin, water\n(iii) becomes hardened; but\n(b) does not include any of the following:\n(i) a concrete or cement product;\n(ii) a brick, paver or other similar block;\n(iii) a ceramic wall or floor tile;\n(iv) grout, mortar or render;\n(v) plasterboard;\n(vi) a porcelain product;\n(vii) sintered stone;\n(viii) a roof tile.\nhigh risk crystalline silica work means work carried out in a\nworkplace in relation to a crystalline silica process that is reasonably\nlikely to result in a risk to the health of a person at the workplace.\n\nmechanical method does not include a method that involves plant or\na tool that—\n(a) relies exclusively on manual power for its operation; and\n(b) is designed to be primarily supported by hand.\nporcelain product does not include a porcelain product containing\nresin.\nprocess includes crush, cut, drill, grind, polish, sand or trim.\nrespiratory protective equipment means personal protective\nequipment that—\n(a) is designed to protect the wearer from inhaling airborne\ncrystalline silica; 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 AS/NZS 1716:2012 and AS/NZS 1715:2009 do not need to be\n(see s 15 and Legislation Act, s 47 (7)). The standards may be\nsintered stone does not include a sintered stone product containing\nresin.\nstone-substitute material means—\n(a) engineered stone; or\n(b) either of the following containing crystalline silica:\n(i) a porcelain product;\n(ii) sintered stone.\n\nwet dust suppression method—\n(a) means a method of suppressing airborne crystalline silica that\ninvolves the use of water or other suitable liquid, or a wetting\nagent; and\n(b) includes using a continuous feed of water, or an emulsion, spray,\ncurtain, mist or foam of water or other suitable liquid over the\nplace where airborne crystalline silica is produced.\n(2) For subsection (1), definition of high risk crystalline silica work, a\nperson may not rely upon a control measure required under this\nchapter when assessing if work is likely to result in a risk to the health\nof a person at the workplace.\ncrystalline silica process consists of 1 or more of the following\nprocesses carried out at a workplace:\n(a) the use of a power tool or another mechanical method to—\n(i) crush, drill, grind, polish, sand or trim material containing\ncrystalline silica; or\n(ii) carry out any other activity involving material containing\ncrystalline silica that produces airborne crystalline silica;\n(b) the use of a roadheader on an excavated face if the material in\nthe face contains crystalline silica;\n(c) a process that exposes a person to airborne crystalline silica\narising from the manufacture or handling of material that\ncontains crystalline silica;\n(d) the mechanical screening of crushed material containing\ncrystalline silica;\n(e) a quarrying process involving material containing crystalline\nsilica;\n\n(f) a tunnelling process involving material containing crystalline\nsilica;\n(g) any other process prescribed by regulation.\nlocal exhaust ventilation system means an engineering control that\nreduces worker exposure to airborne crystalline silica in the\nworkplace by capturing the emission of airborne crystalline silica at\nthe source and transporting it to a safe emission point, filter or\nscrubber.\n\n","sortOrder":419},{"sectionNumber":"Part 7A","sectionType":"part","heading":"2 General controls on work","content":"Part 7A.2 General controls on work\ninvolving crystalline silica\n","sortOrder":420},{"sectionNumber":"418B","sectionType":"section","heading":"Dry processing of stone-substitute material—prohibition","content":"418B Dry processing of stone-substitute material—prohibition\nnot process, or direct or allow a worker to process, stone-substitute\nmaterial with a power tool or by using another mechanical method to\nprocess the material unless—\n(a) a water delivery system supplying a continuous feed of water\nover the processing area is used to suppress airborne crystalline\nsilica produced by the processing; and\n(b) at least 1 other crystalline silica control measure is used.\n418BAA Uncontrolled processing of other crystalline silica\nmaterial—prohibition\nnot process, or direct or allow a worker to process, crystalline silica\nmaterial other than stone-substitute material with a power tool or by\nusing another mechanical method to process the material unless at\nleast 1 crystalline silica control measure is used.\n\nPart 7A.2 General controls on work involving crystalline silica material\n","sortOrder":421},{"sectionNumber":"418C","sectionType":"section","heading":"Control measures for processing stone-substitute","content":"418C Control measures for processing stone-substitute\nensure that the risk of processing stone-substitute material with a\npower tool or by using another mechanical method to process the\nmaterial is—\nminimised so far as is reasonably practicable by—\n(i) using a water delivery system supplying a continuous feed\nof water over the processing area to suppress airborne\ncrystalline silica produced by the processing; and\n(ii) using at least 1 other crystalline silica control measure; and\n(iii) ensuring each worker at the workplace who may be\nexposed to airborne crystalline silica produced by the\nprocessing—\n(A) is provided with respiratory protective equipment;\nand\n(B) wears the respiratory protective equipment while the\nprocessing is carried out.\n\n418CAA Control measures for processing other crystalline silica\nensure that the risk of processing crystalline silica material other than\nstone-substitute material with a power tool or by using another\nmechanical method to process the material is—\nminimised so far as is reasonably practicable by using the\n(i) a water delivery system supplying a continuous feed of\nwater over the processing area to suppress airborne\ncrystalline silica produced by the processing and at least 1\nother crystalline silica control measure;\n(ii) if it is not reasonably practicable to use a control measure\nmentioned in subparagraph (i)—a wet dust suppression\nmethod and at least 1 other crystalline silica control\nmeasure;\n(iii) if it is not reasonably practicable to use a control measure\nmentioned in subparagraph (ii)—attaching an approved\nvacuum to the tool used for processing and at least 1 other\ncrystalline silica control measure;\n(iv) if it is not reasonably practicable to use a control measure\nmentioned in subparagraph (iii)—a wet dust suppression\nmethod or attaching an approved vacuum to the tool used\nfor processing or a fully enclosed operator cabin fitted with\na high efficiency air filtration system;\n\nPart 7A.2 General controls on work involving crystalline silica material\n(v) if it is not reasonably practicable to use the control measure\nmentioned in subparagraph (iv)—at least 1 crystalline\nsilica control measure and respiratory protective\nequipment.\napproved vacuum means—\n(a) a Class H vacuum; or\n(b) for other crystalline silica material containing less than 25%\ncrystalline silica—a Class M vacuum.\n","sortOrder":422},{"sectionNumber":"418D","sectionType":"section","heading":"Duty to train workers about crystalline silica awareness","content":"418D Duty to train workers about crystalline silica awareness\nundertaking must ensure that the following people are trained in a\ncourse in crystalline silica awareness declared under\nsubsection (2) (a):\n(a) a worker engaged by the person who the person reasonably\nbelieves will carry out high risk crystalline silica work in the\nbusiness or undertaking;\n(b) a worker engaged by the person in an occupation declared under\nsubsection (2) (b).\n\n(2) The Minister may declare—\n(a) a VET course, or other course or qualification, in crystalline\nsilica awareness; and\n(b) an occupation for which training in crystalline silica awareness\nis required.\n(3) A declaration is a notifiable instrument.\n(4) The person must ensure that a record is kept of the training undertaken\n(b) for 5 years after the day the worker stops working for the person.\n(5) The person must keep the record available for inspection under the\nAct.\n\n","sortOrder":423},{"sectionNumber":"418E","sectionType":"section","heading":"Meaning of processing—pt 7A.3","content":"418E Meaning of processing—pt 7A.3\nprocessing, in relation to engineered stone, means using a power tool\nor other mechanical method to process the stone, and includes\ncrushing, cutting, drilling, grinding, polishing, sanding or trimming\nthe stone.\n","sortOrder":424},{"sectionNumber":"Div 7A","sectionType":"division","heading":"3.2 Work involving engineered stone","content":"Division 7A.3.2 Work involving engineered stone\nbenchtops, panels or slabs\n","sortOrder":425},{"sectionNumber":"418F","sectionType":"section","heading":"Work involving engineered stone benchtops, panels or","content":"418F Work involving engineered stone benchtops, panels or\nslabs—prohibition\nA person conducting a business or undertaking must not carry out, or\ndirect or allow a worker to carry out, work that involves\nmanufacturing, supplying, processing or installing engineered stone\nbenchtops, panels or slabs.\n","sortOrder":426},{"sectionNumber":"418G","sectionType":"section","heading":"Work involving engineered stone benchtops, panels or","content":"418G Work involving engineered stone benchtops, panels or\nslabs—exception for particular supply and installation\nSection 418F 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\nEngineered stone Part 7A.3\nWork involving engineered stone benchtops, panels or slabs Division 7A.3.2\n","sortOrder":427},{"sectionNumber":"418H","sectionType":"section","heading":"Work involving engineered stone benchtops, panels or","content":"418H Work involving engineered stone benchtops, panels or\nslabs—exception for particular processing\n(1) Section 418F 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\nengineered stone installed—\n(A) before 1 July 2024; or\n(B) in circumstances mentioned in section 418G; or\n(iv) to dispose of engineered stone, whether it is installed or\nnot; and\n(b) is controlled.\ncontrolled—work involving processing engineered stone benchtops,\npanels or slabs is controlled if any risk associated with the work is—\nminimised so far as is reasonably practicable by—\n(i) using a water delivery system supplying a continuous feed\nof water over the processing area to suppress airborne\ncrystalline silica produced by the processing; and\n(ii) using at least 1 other crystalline silica control measure; and\n\nDivision 7A.3.3 Regulator to be notified of particular processing of engineered stone\n(iii) ensuring each worker at the workplace who may be\nexposed to airborne crystalline silica produced by the\nprocessing—\n(A) is provided with respiratory protective equipment;\nand\n(B) wears the respiratory protective equipment while the\nwork is carried out.\nDivision 7A.3.3 Regulator to be notified of particular\nprocessing of engineered stone\n","sortOrder":428},{"sectionNumber":"418I","sectionType":"section","heading":"Notification of particular processing of engineered stone","content":"418I Notification of particular processing of engineered stone\n(1) This section applies if work that involves processing engineered stone\nbenchtops, panels or slabs is carried out—\n(a) to remove, repair or make minor modifications to installed\nengineered stone; or\n(b) to dispose of engineered stone, whether it is installed or not.\n(2) Before the work is carried out, a person conducting a business or\nundertaking carrying out, or directing or allowing a worker to carry\nout, the work mentioned in subsection (1) must give the regulator\nwritten notice—\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(d) stating any other information in relation to the work required by\n\nEngineered stone Part 7A.3\nRegulator to be notified of particular processing of engineered stone Division 7A.3.3\n(3) Subsection (2) does not apply if—\n(a) the person conducting the business or undertaking does not\nknow, and could not reasonably be expected to know, before the\nwork is carried out that the work involves processing engineered\nstone benchtops, panels or slabs; and\n(b) as soon as practicable after the person conducting the business\nor undertaking becomes aware that the work involves processing\nengineered stone benchtops, panels or slabs, the person gives the\nregulator written notice under subsection (2) in relation to the\n(4) If the regulator receives written notice under subsections (2) or (3),\nthe regulator must give the person conducting the business or\nundertaking acknowledgment of receipt of the notice.\n","sortOrder":429},{"sectionNumber":"418J","sectionType":"section","heading":"Duty to keep notice given under div 7A.3.3","content":"418J Duty to keep notice given under div 7A.3.3\nA person conducting a business or undertaking who gives the\nregulator written notice under this division must, for a period of\n5 years beginning on the day the notice is given to the regulator—\n(a) keep a copy of the notice; and\n(b) ensure a copy of the notice is readily accessible; and\n(c) allow a person to access a copy of the notice upon request.\n\n","sortOrder":430},{"sectionNumber":"Part 8","sectionType":"part","heading":"1 Prohibitions and authorised","content":"Part 8.1 Prohibitions and authorised\nconduct\n","sortOrder":431},{"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,\ndirect or allow a worker to carry out, work involving asbestos.\n(2) In this section, work involves asbestos if the work involves\nmanufacturing, supplying, transporting, importing, storing,\nremoving, using, installing, handling, treating, disposing of or\ndisturbing asbestos or ACM.\n(3) Subsection (1) does not apply if the work involving asbestos is any of\nthe following:\n(a) genuine research and analysis;\n(b) sampling and identification in accordance with this regulation;\n(c) maintenance of, or service work on, non-friable asbestos or\nACM, fixed or installed before 31 December 2003, in\naccordance with this regulation;\n(d) removal or disposal of asbestos or ACM, including demolition,\nin accordance with this regulation;\n(e) the transport and disposal of asbestos or asbestos waste in\naccordance with the Environment Protection Act 1997 and the\nDangerous Goods (Road Transport) Act 2009;\n\nProhibitions and authorised conduct Part 8.1\n(f) demonstrations, education or practical training in relation to\nasbestos or ACM;\n(g) display, or preparation or maintenance for display, of an artefact\nor thing that is, or includes, asbestos or ACM;\n(h) management in accordance with this regulation 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 than\n(j) laundering asbestos-contaminated clothing in accordance with\nthis regulation;\n(ja) work that is being carried out in accordance with a prohibited\nasbestos notice issued under the Act, section 197B;\n(k) minor or routine maintenance work, or other minor work, in\naccordance with this regulation.\n(3A) The Minister may declare work to be minor or routine maintenance\nwork, or other minor work, for subsection (3) (k).\n(3B) A declaration is a notifiable instrument.\n(4) Subsection (1) does not apply if the regulator approves the method\nadopted for managing risk associated with asbestos.\n\n(5) Subsection (1) does not apply to the following:\n(a) soil that a licensed asbestos assessor 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);\nNote AS 4964:2004 does not need to be notified under the\nand Legislation Act, s 47 (7)). The standard may be\n(b) naturally occurring asbestos managed in accordance with an\nasbestos management plan prepared under section 432\n(Naturally occurring asbestos—asbestos management plan).\n\nGeneral duty Part 8.2\nPart 8.2 General duty\n","sortOrder":432},{"sectionNumber":"420","sectionType":"section","heading":"Exposure to airborne asbestos at workplace—Act, s 19","content":"420 Exposure to airborne asbestos at workplace—Act, s 19\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 is not reasonably practicable to eliminate exposure to\nairborne asbestos—exposure is minimised so far as is\nensure that the exposure standard for asbestos is not exceeded at the\n(3) Subsections (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 section 477 (Removing friable\nasbestos); and\n(b) in which negative pressure is used in accordance with that\n\nPart 8.3 Management of asbestos and\nassociated risks\n","sortOrder":433},{"sectionNumber":"421","sectionType":"section","heading":"Application—pt 8.3","content":"421 Application—pt 8.3\n(1) This part does not apply to naturally occurring asbestos.\n(2) Section 425 (Asbestos register), section 426 (Review of asbestos\nregister), section 427 (Access to asbestos register), section 428\n(Transfer of asbestos register by person relinquishing management or\ncontrol), section 429 (Asbestos management plan) and section 430\n(Review of asbestos management plan) do not apply to any part of\nresidential premises that is used only for residential purposes.\n","sortOrder":434},{"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, so\nfar as is reasonably practicable, that all asbestos or ACM at the\nworkplace is identified by a licensed asbestos assessor.\n(2) A person with management or control of a workplace must—\n(a) if material at the workplace cannot be identified but a licensed\nasbestos assessor 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 the\npart of the workplace; and\n(c) if the workplace is residential premises and an approved\nwarning sign is displayed at the residential premises—assume\nthat asbestos is present at the workplace.\n\n(3) Subsection (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 not\npresent.\n(4) If asbestos or ACM is assumed to be present at a workplace, it is taken\nto be identified at the workplace.\n","sortOrder":435},{"sectionNumber":"422A","sectionType":"section","heading":"Asbestos risk assessment","content":"422A Asbestos risk assessment\n(1) This section applies if friable asbestos is identified, or taken to be\nidentified, at a workplace under section 422.\n(a) a written assessment (a risk assessment) is made of the risk\nassociated with the friable asbestos at the workplace; and\n(b) the risk assessment is undertaken by a licensed asbestos\nassessor; and\n(3) The risk assessment must—\n(a) take account of the following:\n(i) the condition of the friable asbestos;\n(ii) the likelihood of anyone being exposed to the friable\n(iii) whether the nature or location of any work to be carried out\nis likely to disturb the friable asbestos;\n(iv) the result of any air monitoring at the workplace; and\n(b) set out the control measures considered, or used, for control of\nthe risks associated with the friable asbestos.\n\n","sortOrder":436},{"sectionNumber":"422B","sectionType":"section","heading":"Asbestos risk assessment—review","content":"422B Asbestos risk assessment—review\n(1) A person with management or control of a workplace must ensure\nthat the risk assessment for the workplace is reviewed by a licensed\nasbestos assessor if any of the following apply:\n(a) there is evidence of which the person is, or should be, aware\n(i) the risk assessment is no longer valid or adequate; or\n(ii) the control measures set out in the risk assessment are no\nlonger valid or adequate;\n(b) a significant change is proposed for the premises, or for work\npractices or procedures, relevant to the risk assessment;\n(c) there is a change in the condition of the friable asbestos.\n(2) A review of a risk assessment need not include more than a visual\ninspection of the friable asbestos if the licensed asbestos assessor\nconsiders that the inspection is sufficient to adequately assess the risk.\n","sortOrder":437},{"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 only\nby—\n(a) a NATA-accredited laboratory accredited for the relevant test\nmethod; or\nNote NATA—see the dictionary.\n(b) a laboratory approved by the regulator in accordance with\nguidelines published by Safe Work Australia; or\n\n(c) a laboratory operated by the regulator.\n","sortOrder":438},{"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 section 422 (Asbestos to be identified or\nassumed at workplace) is clearly indicated; and\n(b) if it is reasonably practicable to do so, indicate the presence and\nlocation of the asbestos or ACM by a label.\n","sortOrder":439},{"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\n(3) The asbestos register must—\n(a) record any asbestos or ACM identified at the workplace under\nsection 422 (Asbestos to be identified or assumed at workplace),\nor likely to be present at the workplace from time to time\n(i) the date on which the asbestos or ACM was identified; and\n(ii) details of any analysis confirming the presence of asbestos\nor ACM in material at the workplace; and\n(iii) if asbestos or ACM is identified at the workplace by a\nlicensed asbestos assessor—the name of the licensed\nasbestos assessor; and\n(iv) the location, type and condition of the asbestos or ACM; or\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(3A) If a risk assessment is made of the workplace under section 422A, the\nasbestos register must include the risk assessment.\n(4) The person is not required to prepare an asbestos register for a\nworkplace if a register has already been prepared for that workplace.\n(5) Subject to subsection (6), this section applies to buildings whenever\nconstructed.\n(6) This section 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 to\n\n","sortOrder":440},{"sectionNumber":"426","sectionType":"section","heading":"Review of asbestos register","content":"426 Review of asbestos register\n(1) A person with management or control of a workplace where an\nasbestos register is kept must ensure that the register is reviewed and\nas necessary revised if—\n(a) the asbestos management plan is reviewed under section 430\n(Review of asbestos management plan); 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(2) A person with management or control of a workplace where an\nasbestos register is kept must ensure that the register records—\n(a) the date of each review; and\n(b) the name of each person who conducted the review; and\n(c) the review’s findings and conclusions.\n","sortOrder":441},{"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—\nand\n\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 control\nof the workplace must ensure that the person is given a copy of the\nasbestos register.\n","sortOrder":442},{"sectionNumber":"428","sectionType":"section","heading":"Transfer of asbestos register by person relinquishing","content":"428 Transfer of asbestos register by person relinquishing\nmanagement or control\nIf a person with management or control of a workplace plans to\nrelinquish management or control of the workplace, the person must\nensure, so far as is reasonably practicable, that the asbestos register is\ngiven to the person, if any, assuming management or control of the\n","sortOrder":443},{"sectionNumber":"429","sectionType":"section","heading":"Asbestos management plan","content":"429 Asbestos management plan\n(1) This section applies if asbestos or ACM is—\n(a) identified at a workplace under section 422 (Asbestos to be\nidentified or assumed at workplace); or\n(b) likely to be present at a workplace from time to time.\n\nthat a written plan (an asbestos management plan) for the workplace\nis 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(4) An asbestos management plan must include—\n(a) if a risk assessment has been made of the workplace under\nsection 422A—the risk assessment; and\n(b) information about the following:\n(i) the identification of asbestos or ACM;\na reference or link to the asbestos register for the workplace and\nsignage and labelling\n(ii) decisions, and reasons for decisions, about the\nmanagement of asbestos at the workplace;\nsafe work procedures and control measures\n(iii) procedures for detailing incidents or emergencies\ninvolving asbestos or ACM at the workplace;\n(iv) workers carrying out work involving asbestos.\nconsultation, responsibilities, information and training\n\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—\nand\n","sortOrder":444},{"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 and\nas 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 at\nthe workplace;\n(d) a health and safety representative requests a review under\nsubsection (2);\n\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 representative\nreasonably believes that—\n(a) a circumstance mentioned in subsection (1) (a), (b) or (c) affects\nor may affect the health and safety of a member of the work\ngroup represented by the health and safety representative; and\n(b) the person with management or control of the workplace has not\nadequately reviewed the asbestos management plan in response\n\nPart 8.4 Management of naturally\noccurring asbestos\n","sortOrder":445},{"sectionNumber":"431","sectionType":"section","heading":"Naturally occurring asbestos—Act, s 20","content":"431 Naturally occurring asbestos—Act, s 20\nThe person with management or control of a workplace must manage,\nin accordance with part 3.1 (Managing risks to health and safety),\nrisks to health and safety associated with naturally occurring asbestos\n","sortOrder":446},{"sectionNumber":"432","sectionType":"section","heading":"Naturally occurring asbestos—asbestos management","content":"432 Naturally occurring asbestos—asbestos management\nplan\n(1) This section applies if naturally occurring asbestos is—\n(a) identified at a workplace; or\n(b) likely to be present at a workplace.\nthat a written plan (an asbestos management plan) for the workplace\nis prepared in relation to the naturally occurring asbestos.\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\nManagement of naturally occurring asbestos Part 8.4\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 of\nnaturally occurring asbestos at the workplace;\nsafe work procedures and control measures\n(c) procedures for detailing incidents or emergencies involving\nnaturally occurring asbestos at the workplace;\n(d) workers carrying out work involving naturally occurring\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 occurring\nasbestos at the workplace is readily accessible to—\nand\n\n","sortOrder":447},{"sectionNumber":"433","sectionType":"section","heading":"Naturally occurring asbestos—review of asbestos","content":"433 Naturally occurring asbestos—review of asbestos\nmanagement 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 plan\nis no longer adequate for managing naturally occurring asbestos at the\na control measure is revised under s 38\n","sortOrder":448},{"sectionNumber":"434","sectionType":"section","heading":"Training in relation to naturally occurring asbestos","content":"434 Training in relation to naturally occurring asbestos\nA person conducting a business or undertaking must ensure that the\ntraining required under section 445 (Duty to train workers about\nasbestos awareness) and section 445A (Duty to train workers about\nworking with asbestos) includes training in the hazards and risks\nassociated with naturally occurring asbestos for workers who carry\nout work where naturally occurring asbestos is likely to be found.\n\n","sortOrder":449},{"sectionNumber":"435","sectionType":"section","heading":"Duty to provide health monitoring","content":"435 Duty to provide health monitoring\nhealth monitoring is provided, in accordance with section 436, to a\nworker carrying out work for the business or undertaking if the\nworker is—\n(a) carrying out licensed asbestos removal work at a workplace and\nis at risk of exposure to asbestos when carrying out the work; or\n(b) is carrying out other ongoing asbestos removal work or\nasbestos-related work and is at risk of exposure to asbestos when\ncarrying out the work.\n(2) For the purposes of subsection (1) (a), the person must ensure that the\nhealth monitoring of the worker commences before the worker carries\nout 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\n","sortOrder":450},{"sectionNumber":"436","sectionType":"section","heading":"Duty to ensure appropriate health monitoring provided","content":"436 Duty to ensure appropriate health monitoring provided\nA person conducting a business or undertaking must ensure that the\nhealth monitoring of a worker mentioned in section 435 includes—\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\n","sortOrder":451},{"sectionNumber":"437","sectionType":"section","heading":"Duty to ensure health monitoring supervised by","content":"437 Duty to ensure health monitoring supervised by\nregistered medical practitioner with relevant experience\nhealth monitoring of a worker mentioned in section 435 (Duty to\nprovide health monitoring) is carried out by or under the supervision\nof a registered medical practitioner with experience in health\n\n","sortOrder":452},{"sectionNumber":"438","sectionType":"section","heading":"Duty to pay costs of health monitoring","content":"438 Duty to pay costs of health monitoring\nrelating to health monitoring mentioned in section 435 (Duty to\nprovide health monitoring).\none of them to commission the health monitoring, the costs of the\nhealth monitoring for which any of those persons is liable must be\n","sortOrder":453},{"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\ntriggered the requirement for health monitoring;\n\n(d) if the worker has started that work, how long the worker has\n","sortOrder":454},{"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 mentioned in section 435 (Duty to provide health\nmonitoring) must take all reasonable steps to obtain a health\nmonitoring report from the registered medical practitioner who\ncarried out or supervised the monitoring as soon as practicable after\nthe monitoring is carried out in relation to a worker.\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 or\n\n(g) whether medical counselling is required for the worker in\n","sortOrder":455},{"sectionNumber":"441","sectionType":"section","heading":"Duty to give health monitoring report to worker","content":"441 Duty to give health monitoring report to worker\n","sortOrder":456},{"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 is\na copy of the health monitoring report relating to a worker to the\n(a) any advice that test results indicate that the worker may have\nor\n(b) any recommendation that the person conducting the business or\nworker can continue to carry out the work mentioned in\nsection 435 (Duty to provide health monitoring).\n\n","sortOrder":457},{"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.\n","sortOrder":458},{"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.\n\nTraining Division 8.5.2\nsection 442 (Duty to give health monitoring report to regulator) or\nsection 443 (Duty to give health monitoring report to relevant persons\n","sortOrder":459},{"sectionNumber":"445","sectionType":"section","heading":"Duty to train workers about asbestos awareness","content":"445 Duty to train workers about asbestos awareness\nundertaking must ensure that the following people are trained in a\ncourse in asbestos awareness declared under subsection (1A) (a):\n(a) a worker engaged by the person who the person reasonably\nbelieves will work with asbestos or ACM while the worker is\ncarrying out work in the business or undertaking;\n(b) a worker engaged by the person in an occupation declared under\nsubsection (1A) (b).\n(1A) The Minister may declare—\n(a) a course in asbestos awareness; and\n(b) an occupation for which training in a course in asbestos\nawareness is required.\n(1B) A declaration is a notifiable instrument.\n(2) This section does not apply in relation to a licensed asbestos\nremovalist or a licensed asbestos assessor.\n\n(3) The person must ensure that a record is kept of the training undertaken\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","sortOrder":460},{"sectionNumber":"445A","sectionType":"section","heading":"Duty to train workers about working with asbestos","content":"445A Duty to train workers about working with asbestos\nundertaking must ensure that a worker engaged by the person in an\noccupation declared under subsection (2) (a) is trained in a course in\nworking safely with asbestos declared under subsection (2) (b).\nMaximum penalty:\n(a) in the case of an individual—$6 000; or\n(b) in the case of a body corporate—$30 000.\n(2) The Minister may declare—\n(a) an occupation for which training in a course in working safely\nwith asbestos is required; and\n\nControl on use of certain equipment Division 8.5.3\n(b) a course in working safely with asbestos.\n(3) A declaration is a notifiable instrument.\n(4) This section does not apply in relation to a licensed asbestos\nremovalist or a licensed asbestos assessor.\n(5) The person must ensure that a record is kept of the training undertaken\n(b) for 5 years after the day the worker ceases working for the\n(6) The person must keep the record available for inspection under the\nAct.\n","sortOrder":461},{"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 direct\nor allow a worker to use, either of the following on asbestos or ACM:\n(a) high-pressure water spray;\n\n(b) compressed air.\n(2) Subsection (1) (a) does not apply to the use of a high-pressure water\nspray for firefighting or fire protection purposes.\n(3) A person conducting a business or undertaking must not use, or direct\nor allow a worker to use, any of the following equipment on asbestos\nor 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 asbestos\ninto the atmosphere.\ncontrolled—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\n","sortOrder":462},{"sectionNumber":"447","sectionType":"section","heading":"Application—pt 8.6","content":"447 Application—pt 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 as mentioned in\nsection 419 (3) (k).\nNote The Minister may declare work to be minor or routine maintenance work,\nor other minor work, under s 419 (3A).\n","sortOrder":463},{"sectionNumber":"448","sectionType":"section","heading":"Review of asbestos register","content":"448 Review of asbestos register\nThe person with management or control of a workplace must ensure\nthat, 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.\nthe register identifies an inaccessible area that is likely to contain asbestos and the\narea is likely to be accessible because of demolition\n\n","sortOrder":464},{"sectionNumber":"449","sectionType":"section","heading":"Duty to give asbestos register to person conducting","content":"449 Duty to give asbestos register to person conducting\nbusiness or undertaking of demolition or refurbishment\nThe person with management or control of a workplace must ensure\nthat the person conducting a business or undertaking who carries out\nthe demolition or refurbishment is given a copy of the asbestos\nregister before the demolition or refurbishment is commenced.\n","sortOrder":465},{"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 the\nasbestos register from the person with management or control of the\nworkplace, before the person commences the demolition or\nrefurbishment.\n","sortOrder":466},{"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\n(2) The person conducting a business or undertaking who is to carry out\nthe demolition or refurbishment must not carry out the demolition or\nrefurbishment until the structure or plant has been inspected to\ndetermine whether asbestos or ACM is fixed to or installed in the\nstructure or plant.\n(3) The person conducting a business or undertaking who is to carry out\nthe demolition or refurbishment must ensure that the determination is\nundertaken by a licensed asbestos assessor.\n(4) The person conducting a business or undertaking who is to carry out\nthe demolition or refurbishment must assume that asbestos or ACM\nis fixed to or installed in the structure or plant if—\n(a) the licensed asbestos assessor is, on reasonable grounds,\nuncertain whether or not asbestos is fixed to or installed in the\nstructure or plant; or\n(b) part of the structure or plant is inaccessible and likely to be\ndisturbed; or\n(c) the structure or plant is at residential premises and an approved\nwarning sign is displayed at the residential premises.\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 or\nundertaking who is to carry out the demolition or refurbishment must\ninform—\n(a) if the workplace is residential premises—\n(i) the occupier of the premises; and\n\n(ii) the owner of the premises; and\n(b) in any other case—the person with management or control of\n","sortOrder":467},{"sectionNumber":"452","sectionType":"section","heading":"Identification and removal of asbestos before demolition","content":"452 Identification and removal of asbestos before demolition\n(1) This section applies if a structure or plant at a workplace is to be\ndemolished.\n(2) This section does not apply—\n(a) in an emergency to which section 454 (Emergency procedure)\napplies; 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\n(b) so far as is reasonably practicable, that the asbestos is removed\nbefore the demolition is commenced.\n(4) Subsection (3) (b) does not apply if the purpose of the demolition is\nto gain access to the asbestos.\n\n","sortOrder":468},{"sectionNumber":"453","sectionType":"section","heading":"Identification and removal of asbestos before demolition","content":"453 Identification and removal of asbestos before demolition\nof residential premises\n(1) A person conducting a business or undertaking that is to carry out the\ndemolition of residential premises must ensure—\n(a) that all asbestos that is likely to be disturbed by the demolition\nis identified; and\n(b) so far as is reasonably practicable, that the asbestos is removed\nbefore the demolition is commenced.\n(2) This section does not apply in an emergency to which section 455\n(Emergency procedure—residential premises) applies.\n(3) Subsection (1) (b) does not apply if the purpose of the demolition is\nto gain access to the asbestos.\n","sortOrder":469},{"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 developed\nthat will, so far as is reasonably practicable, reduce the risk of\nexposure of workers and persons in the vicinity of the\ndemolition site to asbestos to below the exposure standard; and\n\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 emergency;\nand\n(b) before the demolition is commenced.\n(4) For the purposes of this section, 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":470},{"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\n(2) A person conducting a business or undertaking who is to carry out the\ndemolition of the residential premises must ensure so far as is\nreasonably practicable, that, before the demolition is commenced, a\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 emergency;\nand\n(b) before the demolition is commenced.\n(4) For the purposes of this section, 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":471},{"sectionNumber":"456","sectionType":"section","heading":"Identification and removal of asbestos before","content":"456 Identification and removal of asbestos before\nrefurbishment\n(1) This section applies if a structure or plant at a workplace is to be\nrefurbished.\n(2) This section does not apply to residential premises.\n\n(3) The person with management or control of the workplace, or of the\nstructure or plant, must ensure that—\n(a) all asbestos that is likely to be disturbed by the refurbishment is\nidentified; and\n(b) so far as is reasonably practicable, the asbestos is removed\nbefore the refurbishment is commenced.\n","sortOrder":472},{"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 that—\n(a) all asbestos that is likely to be disturbed by the refurbishment is\nidentified; and\n(b) so far as is reasonably practicable, the asbestos is removed\nbefore the refurbishment is commenced.\n\n","sortOrder":473},{"sectionNumber":"458","sectionType":"section","heading":"Duty to ensure asbestos removalist is licensed","content":"458 Duty to ensure asbestos removalist is licensed\nA person conducting a business or undertaking that commissions the\nremoval of asbestos must ensure that the asbestos removal work is\ncarried out by a licensed asbestos removalist who is licensed to carry\nout the work.\nNote 1 Licensed asbestos removalist—see the dictionary.\nNote 3 For certain asbestos removal work that involves building work, a licensed\nasbestos removalist must also be, or be supervised by, a licensed builder\nunder the Construction Occupations (Licensing) Act 2004.\n","sortOrder":474},{"sectionNumber":"459","sectionType":"section","heading":"Asbestos removal supervisor must be present","content":"459 Asbestos removal supervisor must be present\nA licensed asbestos removalist must ensure that the nominated\nasbestos removal supervisor for asbestos removal work is present at\nthe asbestos removal area whenever the removal work is being carried\nout.\n\n","sortOrder":475},{"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.\nNote 1 Licensed asbestos removal work—see the dictionary.\n(2) A licensed asbestos removalist must provide appropriate training to a\nworker carrying out licensed asbestos removal work at a workplace\nto ensure that the work is carried out in accordance with the asbestos\nremoval 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 Unless this section applies, the obligation to provide training to workers\ncarrying out unlicensed asbestos removal work is set out in s 445.\n","sortOrder":476},{"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\n(b) for 5 years after the day the worker stopped carrying out licensed\nasbestos removal work for the removalist.\n(2) The licensed asbestos removalist must ensure that the training record\nis readily accessible at the asbestos removal area and available for\n","sortOrder":477},{"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\nA licensed asbestos removalist must give the following information\nto a person likely to be engaged to carry out licensed asbestos removal\nwork before the person is engaged to carry out the work:\n(a) the health risks and health effects associated with exposure to\n(b) the need for, and details of, health monitoring of a worker\ncarrying out licensed asbestos removal work.\n\n","sortOrder":478},{"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) Subsection (1) does not apply if the asbestos removal work is to be\ncarried out at residential premises.\n","sortOrder":479},{"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 is\ncommissioned to undertake.\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\n","sortOrder":480},{"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 subsection (2), a licensed asbestos removalist must ensure\nthat a copy of the asbestos removal control plan prepared under\nsection 464 is kept until the asbestos removal work to which it relates\nis completed.\n(2) If a notifiable incident occurs in connection with the asbestos removal\nwork to which the asbestos removal control plan relates, the licensed\nasbestos removalist must keep the asbestos removal control plan for\nat least 2 years after the incident occurs.\n(3) The licensed asbestos removalist must ensure that, for the period for\nwhich the asbestos removal control plan must be kept under this\nsection, 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; and\n(b) available for inspection under the Act.\n\n","sortOrder":481},{"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(2) Despite subsection (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 respirable\nasbestos fibres; or\n(b) an unexpected breakdown of an essential service that requires\nimmediate rectification to enable the service to continue.\n(3) If the asbestos must be removed immediately, the licensed asbestos\nremovalist 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 subsection (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\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 licensed asbestos assessor engaged to carry out\na clearance inspection and issue a clearance certificate for the\n(ca) if air monitoring of the asbestos removal area is required under\nsection 475 (Air monitoring—asbestos removal requiring\nClass A asbestos removal licence)—the name of the\nindependent licensed asbestos assessor engaged to undertake the\nair monitoring.\n(d) the name and contact details of the person for whom the work is\nto 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\n(j) the estimated quantity of asbestos to be removed;\n(k) the number of workers who are to carry out the asbestos removal\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":482},{"sectionNumber":"467","sectionType":"section","heading":"Licensed asbestos removalist must inform certain","content":"467 Licensed asbestos removalist must inform certain\npersons about intended asbestos removal work\n(1) This section applies if a licensed asbestos removalist is to carry out\nlicensed asbestos removal work at a workplace.\n(2) The licensed asbestos removalist must, before commencing the\nlicensed asbestos removal work, inform the person with management\nor control of the workplace—\n(a) that licensed asbestos removal work is to be carried out at the\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 workplace;\n(c) the occupier of the residential premises;\n(d) the owner of the residential premises;\n\n(e) anyone occupying premises in the immediate vicinity of the\n","sortOrder":483},{"sectionNumber":"468","sectionType":"section","heading":"Person with management or control of workplace must","content":"468 Person with management or control of workplace must\ninform persons about asbestos removal work\n(1) This section applies if the person with management or control of a\nworkplace is informed that asbestos removal work is to be carried out\n(2) The person must ensure that the following persons are informed that\nasbestos removal work is to be carried out at the workplace and when\nthe 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 following\npersons are informed that asbestos removal work is to be carried out\nat the workplace and when the work is to commence, before the work\ncommences:\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\n","sortOrder":484},{"sectionNumber":"469","sectionType":"section","heading":"Signage and barricades for asbestos removal work","content":"469 Signage and barricades for asbestos removal work\nA licensed asbestos removalist must ensure that—\n(a) signs alerting persons to the presence of asbestos are placed to\nindicate where the asbestos removal work is being carried out;\nand\n(b) barricades are erected to delineate the asbestos removal area.\n","sortOrder":485},{"sectionNumber":"470","sectionType":"section","heading":"Limiting access to asbestos removal area","content":"470 Limiting access to asbestos removal area\n(1) This section 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 out\n(2) Subject to subsection (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 this regulation or another law to be in the\nasbestos removal area.\n\n(3) The person may refuse to allow access to an asbestos removal area at\nthe workplace to anyone who does not comply with—\n(a) a control measure implemented for the workplace in relation to\nasbestos; or\n(b) a direction of the licensed asbestos removalist.\n(4) A person mentioned in subsection (2) (a), (b) or (c) has access to an\nasbestos removal area subject to any direction of the licensed asbestos\nremovalist.\n(5) If a person mentioned in subsection (2) (a), (b) or (c) has access to an\nasbestos removal area, the person must comply with any direction of\nthe licensed asbestos removalist.\n","sortOrder":486},{"sectionNumber":"471","sectionType":"section","heading":"Decontamination facilities","content":"471 Decontamination facilities\n(1) A licensed asbestos removalist must ensure that facilities are\navailable to decontaminate 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 section 470 (2) (b).\n\n(2) A licensed asbestos removalist must ensure that nothing that is likely\nto be contaminated with asbestos is removed from the asbestos\nremoval 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,\nbefore being removed—\n(i) decontaminated; and\n(ii) labelled in accordance with the GHS to indicate the\npresence of asbestos.\n","sortOrder":487},{"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 subsections (2) and (3), a licensed asbestos removalist must\nensure that asbestos waste—\n(a) is contained and labelled in accordance with the GHS before the\nwaste is removed from an asbestos removal area; and\n(b) is disposed of as soon as practicable at a site authorised to accept\nasbestos waste.\n\n(2) A licensed 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 asbestos\nwaste area; and\ncompletion of the asbestos removal 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 re-used for asbestos removal\npurposes; and\n(i) is decontaminated before it is removed from the asbestos\nremoval area; or\nthe asbestos removal area—is kept in the sealed container\nuntil it is re-used for asbestos removal purposes.\n\n(3) A licensed asbestos removalist must ensure that a sealed container\nmentioned in subsection (2) is decontaminated and labelled in\naccordance with the GHS to indicate the presence of asbestos before\nbeing removed from the asbestos removal area.\n","sortOrder":488},{"sectionNumber":"473","sectionType":"section","heading":"Clearance inspection","content":"473 Clearance inspection\n(1) This section 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, an independent licensed asbestos\nassessor carries out a clearance inspection of—\n(a) the asbestos removal area; and\n(b) the area surrounding the asbestos removal area, including access\nand egress pathways.\n(3) In this part:\nclearance inspection means an inspection of an asbestos removal\narea after asbestos removal work has been completed to verify that\nthe area is safe for normal use, that—\n(a) includes a visual inspection; and\n\n(b) may include air monitoring.\nNote If it is not reasonably practicable for the licensed asbestos assessor to be\nindependent, the person or licensed asbestos removalist may apply to the\nregulator for an exemption under pt 11.2 from the requirement that the\nassessor be independent.\n","sortOrder":489},{"sectionNumber":"474","sectionType":"section","heading":"Clearance certificates","content":"474 Clearance certificates\n(1) This section applies if a clearance inspection has been made in\naccordance with section 473.\n(2) The licensed asbestos assessor who carried out the clearance\ninspection must issue a clearance certificate, in accordance with this\nsection, before the asbestos removal area at the workplace is\nre-occupied.\n(3) The licensed asbestos assessor must ensure that the asbestos removal\narea does not pose a risk to health and safety from exposure to\n(4) The licensed asbestos assessor must not issue a clearance certificate\nunless satisfied that—\n(a) the asbestos removal area, and the area immediately surrounding\nit, are free from visible asbestos contamination; and\n\n(b) if the assessor undertook air monitoring as part of the clearance\ninspection—the monitoring shows asbestos below\n0.01 fibres/mL.\n(5) The clearance certificate must be in writing and must state that—\n(a) the assessor found no visible asbestos residue from asbestos\nremoval work in the area, or in the vicinity of the area, where\nthe work was carried out; and\n(b) if air monitoring was carried out by the assessor as part of the\nclearance inspection—the airborne asbestos fibre level was less\nthan 0.01 asbestos fibres/mL.\n\nPart 8.8 Asbestos removal requiring\nClass A asbestos removal\n","sortOrder":490},{"sectionNumber":"475","sectionType":"section","heading":"Air monitoring—asbestos removal requiring Class A","content":"475 Air monitoring—asbestos removal requiring Class A\nasbestos removal licence\n(1) A person conducting a business or undertaking who commissions\nasbestos removal work requiring a Class A asbestos removal licence\nat a workplace must ensure that an independent licensed asbestos\nassessor undertakes air monitoring of the asbestos removal area at the\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 asbestos\nremoval area at the premises.\n(3) The air monitoring must be carried out—\n(a) immediately before the licensed asbestos removal work\ncommences; and\n(b) while the licensed asbestos removal work is carried out.\n\nPart 8.8 Asbestos removal requiring Class A asbestos removal licence\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 workplace;\n(c) a person conducting a business or undertaking at the workplace;\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 given\nto 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 workplace;\n(d) a person conducting a business or undertaking at the workplace;\n(e) the occupier of the residential premises;\n(f) the owner of the residential premises;\n(g) other persons at the workplace.\n\n(6) An independent licensed asbestos assessor, who undertakes air\nmonitoring for the purposes of this section, must use the membrane\nfilter method for the air monitoring.\n","sortOrder":491},{"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 requiring\na 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 at\n0.02 fibres/mL or more—immediately—\n(i) investigate the cause of the respirable asbestos fibre level;\nand\n(ii) implement controls to prevent exposure of anyone to\nasbestos; and\n(iii) prevent the further release of respirable asbestos fibres; and\n(b) if respirable asbestos fibre levels are recorded at the asbestos\nremoval area at 0.02 fibres/mL or more—immediately—\n(i) order the asbestos removal work to stop; and\n(ii) notify the regulator; and\n(iii) investigate the cause of the respirable asbestos fibre level;\nand\n(iv) implement controls to prevent exposure of anyone to\nasbestos; and\n\nPart 8.8 Asbestos removal requiring Class A asbestos removal licence\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 reaches or exceeds 0.02 fibres/mL, the removalist\nmust ensure that the asbestos removal work does not resume until air\nmonitoring shows that the recorded respirable asbestos fibre level is\nbelow 0.01 fibres/mL.\n","sortOrder":492},{"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 of\nrespirable asbestos fibres;\n(b) negative pressure is used;\n(c) the wet method of asbestos removal is used;\n(d) the asbestos removal work does not commence until the air\nmonitoring is commenced by a licensed asbestos assessor;\n(e) air monitoring is undertaken during the asbestos removal work,\nat times decided by the independent licensed asbestos assessor\nundertaking the monitoring.\n\n(2) A licensed asbestos removalist must ensure that any enclosure used\nin removing friable asbestos is tested for leaks.\n(3) The licensed removalist must not dismantle an enclosure for a friable\nasbestos removal area until the removalist receives results of air\nmonitoring, showing that the recorded respirable asbestos fibre level\nwithin the enclosure is below 0.01 fibres/mL, from—\n(a) if the friable asbestos is removed from residential premises—the\nlicensed asbestos assessor who undertook the air monitoring; or\n(b) in any other case—the person who commissioned the Class A\n(4) 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 asbestos\nfibre.\n(5) The person who commissioned the removal of the friable asbestos\nmust obtain a clearance certificate from a licensed asbestos assessor\nafter the enclosure for the friable asbestos removal area has been\ndismantled.\n\n","sortOrder":493},{"sectionNumber":"478","sectionType":"section","heading":"Application—pt 8.9","content":"478 Application—pt 8.9\nThis part applies in relation to asbestos-related work.\n","sortOrder":494},{"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 subsection (1), the person must ensure that the\nsample is analysed only by—\n(a) a NATA-accredited laboratory accredited for the relevant test\nmethod; or\nNote NATA—see the dictionary.\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) Subsection (1) does not apply if the person assumes that asbestos is\npresent.\n\n","sortOrder":495},{"sectionNumber":"480","sectionType":"section","heading":"Duty to give information about health risks of","content":"480 Duty to give information about health risks of\nasbestos-related work\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\n(b) the need for, and details of, health monitoring of a worker\ncarrying out asbestos-related work.\n","sortOrder":496},{"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 to\nindicate where the asbestos-related work is being carried out;\nand\n(c) barricades are erected to delineate the asbestos-related work\narea.\n\n","sortOrder":497},{"sectionNumber":"482","sectionType":"section","heading":"Air monitoring","content":"482 Air monitoring\nensure that a licensed asbestos assessor carries out air monitoring of\nthe work 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(2) If the licensed asbestos assessor determines that the exposure\nstandard has been exceeded at any time in a work area, the person\nconducting the business or undertaking must, so far as is reasonably\npracticable—\n(a) determine the workers and other persons who were in the work\narea 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 about\npossible exposure to respirable asbestos fibres.\n(3) The person conducting the business or undertaking must ensure that\ninformation about exposure to respirable asbestos fibres, including\nthe determination made by the licensed asbestos assessor and the\nresults of the air monitoring, is readily accessible to the workers and\nother persons mentioned in subsection (2).\n\n","sortOrder":498},{"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(c) workers carrying out the asbestos-related work;\n(d) other persons who have access to the asbestos removal area\nunder section 470 (2) (b) or (c) (Limiting access to asbestos\nremoval area).\n(2) The person must ensure that nothing that is likely to be contaminated\nwith asbestos is removed from the asbestos-related work area unless\nthe 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\n","sortOrder":499},{"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 subsection (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 the\nwaste is removed from an asbestos-related work area; and\n(b) is disposed of as soon as practicable at a site authorised to accept\nasbestos 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 is\ndecontaminated 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 the\nsealed container until it is re-used for the purposes of\nasbestos-related work; and\n\n(i) is decontaminated before it is removed from the asbestos\nremoval area; or\nthe asbestos removal area, is kept in the sealed container\nuntil it is re-used for the purposes of asbestos-related work.\n(3) The person must ensure that a sealed container mentioned in\nsubsection (2) is decontaminated and labelled in accordance with the\nGHS to indicate the presence of asbestos before being removed from\nthe asbestos-related work area.\n\n","sortOrder":500},{"sectionNumber":"Div 8","sectionType":"division","heading":"10.1 Asbestos removalists—requirement to be licensed","content":"Division 8.10.1 Asbestos removalists—requirement to be licensed\nPart 8.10 Licensing of asbestos\nremovalists and asbestos\nassessors\nDivision 8.10.1 Asbestos removalists—requirement\nto be licensed\n","sortOrder":501},{"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 work\nis carried out, holds a Class A asbestos removal licence:\n(a) friable asbestos;\n(b) except as provided in section 486, ACD.\n(2) A person who conducts a business or undertaking must not direct or\nallow a worker to carry out the removal of the following unless the\nperson holds a Class A asbestos removal licence:\n(a) friable asbestos;\n(b) except as provided in section 486, ACD.\nNote See the Act, s 43 (2) (Requirements for authorisation of work).\n","sortOrder":502},{"sectionNumber":"486","sectionType":"section","heading":"Exception to requirement to hold Class A asbestos","content":"486 Exception to requirement to hold Class A asbestos\nremoval licence\nA Class A asbestos removal licence is not required for the removal of\nACD that is associated with the removal of non-friable asbestos.\n\nAsbestos removalists—requirement to be licensed Division 8.10.1\n","sortOrder":503},{"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 work\nis carried out, holds a Class B asbestos removal licence or a Class A\nasbestos removal licence:\n(a) non-friable asbestos or ACM;\n(b) ACD associated with the removal of non-friable asbestos or\nACM.\nNote See the Act, s 43 (1) (Requirements for authorisation of work).\n(2) A person who conducts a business or undertaking must not direct or\nallow a worker to carry out the removal of the following unless the\nperson holds a Class B asbestos removal licence or a Class A asbestos\nremoval licence:\n(a) non-friable asbestos or ACM;\n(b) ACD associated with the removal of non-friable asbestos or\nACM.\nNote See the Act, s 43 (2) (Requirements for authorisation of work).\n","sortOrder":504},{"sectionNumber":"488","sectionType":"section","heading":"Recognition of asbestos removal licences in other","content":"488 Recognition of asbestos removal licences in other\n(1) In this division, a reference to an asbestos removal licence includes a\n(a) granted under a corresponding WHS law; and\n(1A) A person who holds an equivalent licence (other than a licensee who\nalso holds a licence granted under an ACT law) must notify the\nregulator before undertaking asbestos removal work in the ACT for\nthe first time after the commencement of this subsection, that the\nlicensee intends to undertake the work in the ACT.\n\nDivision 8.10.2 Asbestos assessors—requirement to be licensed\nDivision 8.10.2 Asbestos assessors—requirement to\nbe licensed\n489 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 asbestos removal work;\n(b) clearance inspections for asbestos removal work;\n(c) issuing clearance certificates in relation to asbestos removal\n(d) identifying the location, type and condition of asbestos or ACM,\nincluding by taking samples;\n(e) assessing the risk resulting from the identified asbestos or ACM;\n(f) advising on how the asbestos or ACM should be managed;\n(g) reporting about the work mentioned in paragraphs (a) to (e).\nNote See the Act, s 43 (1) (Requirements for authorisation of work).\n","sortOrder":505},{"sectionNumber":"490","sectionType":"section","heading":"Recognition of asbestos assessor licences in other","content":"490 Recognition of asbestos assessor licences in other\n(1) In this division, a reference to an asbestos assessor licence includes a\n(a) granted under a corresponding WHS law; and\n\n(1A) A person who holds an equivalent licence (other than a licensee who\nalso holds a licence granted under an ACT law) must notify the\nregulator before undertaking asbestos assessor work in the ACT for\nthe first time after the commencement of this subsection, that the\nlicensee intends to undertake the work in the ACT.\n","sortOrder":506},{"sectionNumber":"491","sectionType":"section","heading":"Who may apply for licence","content":"491 Who may apply for 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 section 495\n(Content of application—asbestos assessor licence) may apply for an\nasbestos assessor licence.\n","sortOrder":507},{"sectionNumber":"492","sectionType":"section","heading":"Application for asbestos removal licence or asbestos","content":"492 Application for asbestos removal licence or asbestos\nassessor licence\n(1) This section applies to an application for—\n(a) an asbestos removal licence; or\n(b) an asbestos assessor licence.\n(a) the name and address of the applicant;\n(aa) 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\n(d) if, in the case of an asbestos removal licence, the applicant\nconducts the business or undertaking under a business name—\nthat business name and a certificate or other written evidence of\nthe 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\nAct or this regulation, the Construction Occupations\n(Licensing) Act 2004, or under any corresponding WHS\n(iii) a declaration as to whether or not the applicant has been\nconvicted or found guilty of any offence in relation to the\nunlawful disposal of hazardous waste under the\nEnvironment Protection Act 1997 or the Dangerous Goods\n(Road Transport) Act 2009; 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\nentered into an enforceable undertaking under the Act, the\nConstruction Occupations (Licensing) Act 2004, or under\nany corresponding WHS law; and\n\n(vi) details of any enforceable undertaking declared under\nsubparagraph (v); and\n(vii) if the applicant has previously been refused an equivalent\nlicence under the Construction Occupations (Licensing)\nAct 2004 or a corresponding WHS law, a declaration\ngiving details of that refusal; and\n(viii) if the applicant has previously held an equivalent licence\nunder the Construction Occupations (Licensing) Act 2004\nor a corresponding WHS law, a declaration—\napplicant had been disqualified from applying for any\nlicence; and\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 section 493 (Content of\napplication—Class A asbestos removal licence) or 494 (Content\nof application—Class B asbestos removal licence), as\napplicable;\n\n(i) in the case of an asbestos assessor licence—the additional\ninformation referred to in section 495 (Content of application—\nasbestos assessor licence).\n","sortOrder":508},{"sectionNumber":"493","sectionType":"section","heading":"Content of application—Class A asbestos removal","content":"493 Content of application—Class A asbestos removal\n(1) For the purposes of section 492 (2) (h), an application for a Class A\nasbestos removal licence must include the following:\n(a) the names of 1 or more competent persons who have been\nengaged by the applicant to supervise the asbestos removal work\nto 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 the\nspecified VET course for the supervision of asbestos removal\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 and\ninformation referred to in subsection (1) (b), (c) and (d) must relate\nto the applicant.\n\n","sortOrder":509},{"sectionNumber":"494","sectionType":"section","heading":"Content of application—Class B asbestos removal","content":"494 Content of application—Class B asbestos removal\n(1) For the purposes of section 492 (2) (h) (Application for asbestos\nremoval licence or asbestos assessor licence), an application for a\nClass B asbestos removal licence must include the following:\n(a) the name of 1 or more competent persons who have been\nengaged by the applicant to supervise the asbestos removal work\nto 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 the\nspecified VET course for the supervision of asbestos removal\n(d) evidence that each named supervisor has at least 1 year of\nrelevant industry experience.\n(2) If the applicant is an individual who proposes to supervise the\ncarrying out of the Class B asbestos removal work, the statement and\ninformation referred to in subsection (1) (b), (c) and (d) must relate\nto the applicant.\n","sortOrder":510},{"sectionNumber":"495","sectionType":"section","heading":"Content of application—asbestos assessor licence","content":"495 Content of application—asbestos assessor licence\nFor the purposes of section 492 (2) (i) (Application for asbestos\nremoval licence or asbestos assessor licence), 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\nassessment and removal industry practice; and\n(i) a copy of a certification held by the applicant in relation to\nthe specified VET course for asbestos assessor work; or\n\n(ii) evidence that the applicant holds a tertiary qualification in\noccupational health and safety, industrial hygiene, science,\nbuilding construction or environmental health.\n","sortOrder":511},{"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 the\nlicence, the regulator may ask the applicant to provide additional\n(a) specify the date (being not less than 28 days after the request)\nby which the additional information is to be given; and\nspecified, the application is to be taken to have been withdrawn.\n","sortOrder":512},{"sectionNumber":"497","sectionType":"section","heading":"Decision on application","content":"497 Decision on application\n(1) Subject to subsection (3), the regulator must grant an asbestos\nremoval licence or asbestos assessor licence if satisfied about—\n(a) the matters referred to in subsection (2); and\n(b) the additional matters referred to in section 498 (Class A\nasbestos removal licence—regulator to be satisfied about\nadditional matters) or section 499 (Class B asbestos removal\nlicence—regulator to be satisfied about additional matters), as\napplicable.\n\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 to\nwhich the licence relates are carried out safely and competently;\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—\n(a) the applicant is disqualified under a corresponding WHS law\nfrom holding an equivalent licence; or\n(b) the applicant, in making the application, has—\n(i) given information that is false or misleading in a material\nbeen given.\n\n(4) If the regulator decides to grant the licence, it must notify the\nunder section 496, the regulator is taken to have refused to grant the\nlicence applied for.\nNote A refusal to grant a licence (including under s (5)) is a reviewable\n","sortOrder":513},{"sectionNumber":"498","sectionType":"section","heading":"Class A asbestos removal licence—regulator to be","content":"498 Class A asbestos removal licence—regulator to be\nsatisfied about additional matters\nFor the purposes of section 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(C) the specified VET course for the Class B asbestos\n(iii) has at least 3 years of relevant industry experience; and\n(b) the applicant has a certified safety management system in place.\n\n","sortOrder":514},{"sectionNumber":"499","sectionType":"section","heading":"Class B asbestos removal licence—regulator to be","content":"499 Class B asbestos removal licence—regulator to be\nsatisfied about additional matters\nFor the purposes of section 497 (1) (b) (Decision on application), in\nrelation to a Class B asbestos removal licence, the regulator must be\nsatisfied that each supervisor 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(ii) the specified VET course for the Class B asbestos removal\n(c) has at least 1 year of relevant industry experience.\n","sortOrder":515},{"sectionNumber":"500","sectionType":"section","heading":"Matters to be taken into account","content":"500 Matters to be taken into account\n(1) For the purposes of section 497 (2) (e) and (f) (Decision on\napplication), the regulator must have regard to all relevant matters,\n(a) any offence under the Act or this regulation, the Construction\nWHS law of which the applicant has been convicted or found\nguilty;\n(b) any offence in relation to the unlawful disposal of hazardous\nwaste under the Environment Protection Act 1997 or the\nDangerous Goods (Road Transport) Act 2009 of which the\napplicant has been convicted or found guilty;\n\n(c) any enforceable undertaking the applicant has entered into under\n(d) in relation to any equivalent licence applied for or held by the\napplicant under the Act or this regulation, the Construction\nWHS law—\n(e) the record of the applicant in relation to any matters arising\n(Licensing) Act 2004 or under a corresponding WHS law.\n(2) For the purposes of section 497 (2) (e) and (f), if the applicant is a\nbody corporate, the regulator must have regard to all relevant matters,\nincluding the matters referred to in subsection (1), in relation to—\n","sortOrder":516},{"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\nand\n(b) advising the applicant that the applicant may, by a specified date\n(being not less than 28 days after the day the notice is given),\nrefusal.\n\n(2) After the date specified in a notice under subsection (1), the regulator\nproposed refusal to grant the licence—consider that submission;\nand\n(c) within 14 days after making the decision, give the applicant\nNote A refusal to grant a licence is a reviewable decision (see s 676).\n","sortOrder":517},{"sectionNumber":"502","sectionType":"section","heading":"Conditions of licence","content":"502 Conditions of licence\nan asbestos removal licence or asbestos assessor licence.\n(a) control measures which must be implemented in relation to the\ncarrying 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 the\nterm 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(f) the circumstances in which work or activities authorised by the\nlicence may be carried out.\n\n(3) A licence under this part includes a condition that, if the licensee is\nissued with an infringement notice under the Magistrates Court\n","sortOrder":518},{"sectionNumber":"503","sectionType":"section","heading":"Duration of licence","content":"503 Duration of licence\nSubject to this part, an asbestos removal licence or asbestos assessor\nlicence takes effect on the day it is granted and, unless cancelled\nearlier, expires 5 years after that day.\n","sortOrder":519},{"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 under\na business name—the business name;\n(c) in the case of an asbestos removal licence—the class of asbestos\nremoval licence and a description of the work within the scope\nof 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\n","sortOrder":520},{"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\nlicence-holder's possession because—\n(a) it has been returned to the regulator under section 512 (Licence-\nholder to return licence); and\n(b) the licence-holder has applied for, but has not received, a\nreplacement licence document under section 513 (Replacement\nlicence document).\nDivision 8.10.4 Amendment of licence and licence\n","sortOrder":521},{"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 change\nto any material particular in any information given at any time by the\nlicence-holder to the regulator in relation to the licence within 14 days\nafter the day the licence-holder becomes aware of the change.\napplication for grant or renewal of the licence or in any other\ncircumstance.\n\n","sortOrder":522},{"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 regulator\nby 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 the\nchange, ask the regulator to amend the licence under section 509\n(Amendment on application by licence-holder) to make that\nchange; and\n(b) if the change is to add a supervisor—give the regulator the\ninformation about the supervisor referred to in section 498\n(Class A asbestos removal licence—regulator to be satisfied\nabout additional matters) or section 499 (Class B asbestos\nremoval licence—regulator to be satisfied about additional\nmatters).\n(2) If the change referred to in subsection (1) is to add a supervisor, that\nsupervisor is not a nominated supervisor for the purposes of this\nregulation until the regulator has approved the nomination.\n","sortOrder":523},{"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 removal\nlicence or asbestos assessor licence, including by amending the\nlicence 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 give\nthe licence-holder written notice—\n\nnotice is given), make a submission to the regulator in relation\nto the proposed 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—\nconsideration of any submission made by the\nlicence-holder; and\n(c) within 14 days after making that decision, give the\nlicence-holder written notice that—\n(i) sets out the amendment, if any, or states that no amendment\nis to be made; and\namendment—sets out the regulator's reasons for making\n(iii) specifies the date (being not less than the 28 days after the\nday the licence-holder is given the notice) on which the\namendment, if any, takes effect.\nNote A decision to amend a licence is a reviewable decision (see s 676).\n\n","sortOrder":524},{"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 by\namending the licence to vary or delete a condition of the licence.\n(2) If the regulator proposes to refuse to amend the licence, the regulator\nmust 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 is given), make a submission to the regulator in relation\nto the proposed 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—\nconsideration of any submission made by the\nlicence-holder; and\n(c) within 14 days after making that decision, give the\nlicence-holder written notice of the decision in accordance with\nthis section.\n\nsubsection (3) (c) must specify the date (being not less than 28 days\nafter the day the licence-holder is given the notice) on which the\n(5) If the regulator refuses to make the amendment applied for or makes\na different amendment, the notice under subsection (3) (c) must—\nregulator's decision; and\n(ii) specify the date (being not less than 28 days after the\nlicence-holder is given the notice) on which the\n","sortOrder":525},{"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-holder.\n","sortOrder":526},{"sectionNumber":"511","sectionType":"section","heading":"Regulator to give amended licence to holder","content":"511 Regulator to give amended licence to 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\nlicence document within 14 days after making the decision to amend\nthe licence.\n\n","sortOrder":527},{"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 licence\nthat has been amended must return the licence document to the\nregulator for amendment at the written request of the regulator and\nwithin the time specified in the request.\n","sortOrder":528},{"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 the\nlicence 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.\nNote 4 A licence-holder is required to keep the licence document available for\ninspection (see s 505).\n(3) The application must include a declaration describing the\ncircumstances in which the original document was lost, stolen or\ndestroyed.\n(4) The regulator must issue a replacement licence document if satisfied\n\nRenewal of licence Division 8.10.5\n(5) If the regulator refuses to issue a replacement licence document, it\nmust give the licence-holder written notice of this decision, including\nthe reasons for the decision, within 14 days after making the decision.\nNote A refusal to issue a replacement licence document is a reviewable\n","sortOrder":529},{"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":530},{"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":531},{"sectionNumber":"516","sectionType":"section","heading":"Application for renewal","content":"516 Application for renewal\n(1) This section applies to an application for renewal of an asbestos\nremoval licence or asbestos assessor licence.\n(a) the name and address of the applicant;\n(b) if required by the regulator of an applicant who is an individual,\na photograph of the applicant in the form required by the\n(c) any other evidence of the applicant's identity required by the\n(d) written evidence that the applicant has obtained any retraining\nor reassessment or taken any other action required under\nsection 502 (Conditions of licence);\n\n(e) a declaration by the applicant that the applicant or a supervisor\nnamed by the applicant, as applicable, has maintained the\ncompetency required to carry out the work covered by the\n(3) The application must be made before the expiry of the licence.\n","sortOrder":532},{"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) section 496 (Additional information) applies as if a reference in\n(b) section 497 (Decision on application) (except subsection (5)),\nsection 500 (Matters to be taken into account),\nsection 502 (Conditions of licence) and section 503 (Duration of\nlicence) apply as if a reference in those sections to the grant of a\nlicence were a reference to the renewal of a licence; and\n(c) section 501 (Refusal to grant licence—process) applies as if a\nreference in that section to a refusal to grant a licence were a\nreference to a refusal to renew a licence.\n(2) The regulator must not renew an asbestos removal licence unless the\nregulator is satisfied about the matters referred to in section 518.\n(3) The regulator must not renew an asbestos removal licence or asbestos\nassessor licence granted to a person under a corresponding WHS law\nif that licence is renewed under that law.\n\nRenewal of licence Division 8.10.5\n(4) If a licence-holder applies under section 516 for the renewal of an\nasbestos removal licence or asbestos assessor licence, the licence is\ntaken to continue in force from the day it would, apart from this\nsubsection, have expired until the licence-holder is given notice of the\ndecision on the application.\n","sortOrder":533},{"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 section 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 authorised\nby the licence; and\n(ii) has appropriate experience in the asbestos removal work to\nbe authorised by the licence; and\n(b) asbestos removal work of the type authorised by the licence has\nbeen carried out on behalf of the applicant during the term of the\n","sortOrder":534},{"sectionNumber":"519","sectionType":"section","heading":"Status of licence during review","content":"519 Status of licence during review\n(1) This section applies if the regulator gives a licence-holder written\nnotice of its decision to refuse to renew the licence.\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\n(3) If the licence-holder applies for an internal review of the decision, the\nlicence continues to have effect until the earlier of the following\n(4) If the licence-holder does not apply for an external review, the licence\ncontinues to have effect until the end of the time for applying for an\nexternal review.\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 section even if its\nDivision 8.10.6 Suspension and cancellation of\n","sortOrder":535},{"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 or\nasbestos assessor licence if satisfied about 1 or more of the following:\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-holder,\nto undergo retraining or reassessment during the term of the\n\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\nlicence-holder 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.\nNote Section 507 provides for a licence-holder to notify the regulator of any\nchange in a nominated supervisor.\n(3) For the purposes of subsection (1) (b), a licence-holder complies with\na condition on the licence that requires the licence-holder or a\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\n(b) another licence under this regulation to carry out work which\nrequires skills that are the same as or similar to those required\nfor the work authorised by the licence that has been suspended\nor cancelled.\nNote 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\n","sortOrder":536},{"sectionNumber":"521","sectionType":"section","heading":"Matters taken into account","content":"521 Matters taken into account\n(1) In making a decision under section 520, the regulator must have\nregard to—\n(a) any submissions made by the licence-holder under section 522;\nand\n(b) any advice received from a corresponding regulator.\n(2) For the purposes of section 520 (1) (a) and (b), if the licence-holder\nis an individual, the regulator must have regard to all relevant matters,\n(a) any offence under the Act or this regulation, the Construction\nWHS law, of which the licence-holder has been convicted or\nfound guilty;\n(b) any enforceable undertaking the licence-holder has entered into\n(Licensing) Act 2004 or a corresponding WHS law;\n\n(c) in relation to any equivalent licence applied for or held by the\nlicence-holder under the Act or this regulation, the Construction\nWHS law—\n(d) the record of the licence-holder in relation to any matters arising\n(Licensing) Act 2004 or under a corresponding WHS law.\n(3) For the purposes of section 520 (1) (a) and (b), if the licence-holder\nis a body corporate, the regulator must have regard to all relevant\nmatters, including the matters referred to in subsection (2), in relation\nto—\n","sortOrder":537},{"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-holder\na written notice of the proposed suspension or cancellation and any\nproposed disqualification—\n(a) outlining all relevant allegations, facts and circumstances known\nnotice is given), make a submission in relation to the proposed\nsuspension or cancellation and any proposed disqualification.\n\n","sortOrder":538},{"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 section 520 (Suspension or cancellation of licence) to\nsuspend or cancel an asbestos removal licence or asbestos assessor\nlicence within 14 days after making the decision.\n(iii) whether the licence-holder is required to undergo\nthe suspension ends; and\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\nthe disqualification ends; and\n\n(iv) any other class of licence under this regulation that the\nlicence-holder is disqualified from applying for; and\n","sortOrder":539},{"sectionNumber":"524","sectionType":"section","heading":"Immediate suspension","content":"524 Immediate suspension\n(1) The regulator may suspend an asbestos removal licence or asbestos\nassessor licence on a ground referred to in section 520 (Suspension or\ncancellation of licence) without giving notice under section 522\n(Notice to and submissions by licence-holder), 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 licence\nheld by the licence-holder under this section as applying in the\n(a) the regulator must give the licence-holder written notice of the\nsuspension and the reasons for the suspension; and\n(a) give notice under section 522 within 14 days after giving the\n(b) make its decision under section 520.\nsuspension ends at the end of the 14 day period.\nsuspended until the decision is made under section 520.\n\n","sortOrder":540},{"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 section 523 (Notice of\n","sortOrder":541},{"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-holder\nwithin 14 days after the licence suspension ends.\n","sortOrder":542},{"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 asbestos\nremoval licence.\n","sortOrder":543},{"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","sortOrder":544},{"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.\n\nApplication and interpretation Division 9.1.1\n","sortOrder":545},{"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 Offshore Petroleum and\nGreenhouse Gas Storage Act 2006 (Cwlth).\n(2) This chapter does not apply in relation to a pipeline that is regulated\nunder the Gas Safety Act 2000 or the Utilities (Technical Regulation)\nAct 2014.\n","sortOrder":546},{"sectionNumber":"531","sectionType":"section","heading":"Meaning of major incident—ch 9","content":"531 Meaning of major incident—ch 9\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 emanating\nfrom an immediate or imminent exposure to the occurrence.\n(2) Without limiting subsection (1), an occurrence includes any of the\n(a) escape, spillage or leakage;\n(b) implosion, explosion or fire.\n\n","sortOrder":547},{"sectionNumber":"532","sectionType":"section","heading":"Meaning of hazardous chemicals that are present or likely","content":"532 Meaning of hazardous chemicals that are present or likely\nto be present\n(1) In this regulation, a reference 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(b) the maximum capacity of storage tanks and vessels used for the\nhazardous chemicals; and\n(c) the maximum capacity of other storage areas at the facility that\ncould 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 the\nevent of failure, escape into the facility from pipe work that is\nsituated 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 ships\nthat are from time to time present at the facility in the course of\nthe facility’s operations.\n(2) Subsection (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 mine\nis a facility or a major hazard facility.\n\nApplication and interpretation Division 9.1.1\n","sortOrder":548},{"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—\nch 9\n(1) In this chapter, the operator of a facility is the person conducting the\nbusiness 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, operator of a proposed facility means—\n(a) the operator of a proposed facility that is an existing workplace;\nor\n(b) the person who is to be the operator of a proposed facility that is\nbeing designed or constructed.\n(3) If more than 1 person is an operator of the facility within the meaning\nof subsection (1)—\n(a) 1 of those persons must be selected as the operator of the facility\nfor 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 the nomination in a notification under\nsection 536 (Operators of certain facilities must notify\nregulator).\n(5) The person selected under subsection (3) is the operator of the facility\nfor the purposes of this chapter.\n\n(6) If a selection is not made, each of the following persons is taken to be\nan operator of the facility for the purposes of this chapter:\n(a) each operator within the meaning of subsection (1) who is an\nindividual;\n(b) for each operator within the meaning of subsection (1) that is a\nbody corporate—each officer of the body corporate.\n","sortOrder":549},{"sectionNumber":"534","sectionType":"section","heading":"Meaning of modification of a major hazard facility","content":"534 Meaning of modification of a major hazard facility\n(1) In this regulation, a reference to a modification of a major hazard\nfacility is a reference to a change or proposed change at the major\nhazard 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(2) For the purposes of subsection (1), a change or proposed change at\na major hazard facility means a change or proposed change of any\nkind, 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 the\nmajor hazard facility;\n\nRequirement to be licensed Division 9.1.2\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":550},{"sectionNumber":"535","sectionType":"section","heading":"A major hazard facility must be licensed—Act, s 41","content":"535 A major hazard facility must be licensed—Act, s 41\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\nNote See the Act, s 41 (Requirements for authorisation of workplaces).\n(2) A facility that is determined to be a major hazard facility under\nsection 541 (Determination in relation to facility, on inquiry) must be\nNote See the Act, s 41 (Requirements for authorisation of workplaces).\n(3) Despite subsection (1) or (2), a determined major hazard facility is\nexempt 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(Determinations about major hazard facilities).\n(4) The operator of a licensed major hazard facility must hold the licence\nfor the major hazard facility.\n\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\nsection 546 (When regulator may revoke a determination);\n(b) the end of the period for applying for a licence given under\nsection 549 (Time in which major hazard facility licence must\nbe applied for), unless an application for a licence for the facility\nis made within that period;\n(c) the grant of a licence for the facility under part 9.7 (Licensing of\nmajor hazard facilities);\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 of\nthat decision, unless an application for external review is\nmade within that period; or\n(ii) the making of the decision on the external review.\nNote 1 The licensing process is provided for in pt 9.7.\nNote 2 Under pt 9.2, an operator of a determined major hazard facility is taken\nto be a suitable operator if no determination is made under s 543.\nNote 3 Under pt 9.3, the operator of a determined major hazard facility is given\na limited time to prepare the major hazard facility to be licensed,\nincluding by preparing a safety case.\n\nRequirement to be licensed Division 9.1.2\nNote 4 Pt 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\nsuitable person 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\n","sortOrder":551},{"sectionNumber":"Part 9","sectionType":"part","heading":"2 Determinations about major","content":"Part 9.2 Determinations about major\nhazard facilities\n","sortOrder":552},{"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 present\nor likely to be present in a quantity that exceeds 10% of their\nthreshold quantity must notify the regulator of this circumstance in\naccordance 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 become\naware, of the circumstance giving rise to the requirement to\nnotify; or\n(b) within any longer period that the regulator determines if\nsatisfied on application by the operator that there is a reasonable\nexcuse for the delayed notification.\n","sortOrder":553},{"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.\nNote 1 Proposed facility—see the dictionary.\nNote 2 Likely to be present—see s 532.\n\n(2) Any notification under this section must include the information\nrequired by section 538 (with any necessary changes).\n","sortOrder":554},{"sectionNumber":"538","sectionType":"section","heading":"Content of notification","content":"538 Content of notification\n(1) This section applies to a notification under section 536 (Operators of\ncertain facilities must notify 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 subsection (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 can\ncommunicate 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 subsection (2) (b) must include the\n(a) the operator’s name;\n(b) whether or not the operator is a body corporate;\n\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\nAct or this regulation or under any corresponding WHS\n(iii) a declaration as to whether or not the operator has ever\nentered into an enforceable undertaking under the Act or\nunder any corresponding WHS law; and\nNote Corresponding WHS law—see s 9A.\n(iv) details of any enforceable undertaking declared under\n(v) if the operator has previously been refused a major hazard\nfacility licence under a corresponding WHS law, a\ndeclaration 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—\noperator had been disqualified from applying for a\nmajor hazard facility licence; and\n\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.\nNote A fee may be determined under the Act, s 278 for this provision.\n","sortOrder":555},{"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 section 536 (Operators of certain facilities must\nnotify regulator) or section 537 (Notification—proposed facilities)\ndiscloses, or if for some other reason the regulator reasonably\nsuspects, 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 quantity;\nor\n(b) the operator of the facility (or proposed facility) may not be a\nsuitable person to operate the facility (or proposed facility).\n","sortOrder":556},{"sectionNumber":"540","sectionType":"section","heading":"Inquiry procedure","content":"540 Inquiry procedure\n(1) This section sets out the procedure for an inquiry.\n(2) The regulator must give a written notice to the person referred to in\nsubsection (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\n(3) Notice under subsection (2) must be given—\n(a) for an inquiry about a facility in relation to which a notification\nhas been given under section 536 (Operators of certain facilities\nmust notify regulator) or section 537 (Notification—proposed\nfacilities)—to the contact person identified in the notification;\nand\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 Commonwealth government department or agency, or\nterritory authority or administrative unit, with a regulatory\nrole in relation to major hazard facilities; and\n(c) decide whether or not to make a determination under section 541\nor section 542 (Determination in relation to over-threshold\nfacility); and\n(d) if it decides to make a determination under section 541 or\nsection 542—decide whether or not to make a determination in\nrelation to the operator under section 543 (Suitability of facility\noperator).\n\n","sortOrder":557},{"sectionNumber":"541","sectionType":"section","heading":"Determination in relation to facility, on inquiry","content":"541 Determination in relation to facility, on inquiry\n(1) This section 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(2) The regulator may determine the facility or proposed facility to be a\nmajor hazard facility if the regulator considers that there is a potential\nfor a major incident to occur at the facility or proposed facility having\nregard to all relevant matters, including—\n(a) the quantity and combination of Schedule 15 chemicals present\nor 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.\nNote 1 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 dict, def major hazard facility).\nNote 2 A determination that a facility is a major hazard facility, or that a\nproposed facility is not a major hazard facility, is a reviewable decision\n","sortOrder":558},{"sectionNumber":"542","sectionType":"section","heading":"Determination in relation to over-threshold facility","content":"542 Determination in relation to over-threshold facility\n(1) This section applies if a notification under section 536 (Operators of\ncertain facilities must notify regulator) or section 537 (Notification—\nproposed facilities) discloses that the quantity of Schedule 15\nchemicals present or likely to be present at a facility (or proposed\nfacility) exceeds their threshold quantity.\n(2) The regulator must make a determination confirming the facility (or\nproposed facility) to be a major hazard facility.\nNote A determination that a facility is a major hazard facility is a reviewable\n\n","sortOrder":559},{"sectionNumber":"543","sectionType":"section","heading":"Suitability of facility operator","content":"543 Suitability of facility operator\n(1) This section applies if the regulator determines a facility or a\nproposed facility to be a major hazard facility under section 541\n(Determination in relation to facility, on inquiry) or section 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 section 540 (Inquiry procedure)\ninto the suitability of the operator; and\n(b) is satisfied on reasonable grounds that the operator is not a\nsuitable person to operate the major hazard facility or proposed\n(3) If no determination is made under this section, the operator of the\nmajor hazard facility or proposed major hazard facility is taken to be\na suitable person to operate the major hazard facility and to apply for\na major hazard facility licence.\nNote A determination that a person is not a suitable operator is a reviewable\n","sortOrder":560},{"sectionNumber":"544","sectionType":"section","heading":"Conditions on determination of major hazard facility","content":"544 Conditions on determination of major hazard facility\na determination made under section 541 (Determination in relation to\nfacility, on inquiry) or section 542 (Determination in relation to over-\nthreshold facility).\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\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 undertaking,\nthe additional class of persons who may carry out work or\nactivities on the operator’s behalf.\nNote 1 A condition may include the payment of a fee determined under the\nAct, s 278, for this provision.\nNote 2 Person includes a body corporate—see the Legislation Act, s 160.\n(3) The operator of a determined major hazard facility, in relation to\nwhich conditions are imposed under this section, must ensure that the\nconditions are complied with.\nNote A decision to impose a condition on a determination is a reviewable\n","sortOrder":561},{"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 be\nat least 28 days after the date of the notice; and\n(c) any conditions imposed on the determination under section 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 section 543 (Suitability of facility\noperator) is that—\n(a) the operator is not taken to be a suitable person to operate the\ndetermined major hazard facility; and\n\n(b) the exemption provided by section 535 (3) (A major hazard\nfacility must be licensed—Act, s 41) does not apply to the\ndetermined major hazard facility.\nNote For the effect of a determination under s 541 or s 542, see the\ndictionary, definition of determined major hazard facility.\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":562},{"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 for\nthe determination no longer apply.\n","sortOrder":563},{"sectionNumber":"547","sectionType":"section","heading":"Re-notification if quantity of Schedule 15 chemicals","content":"547 Re-notification if quantity of Schedule 15 chemicals\nincreases\n(1) This section applies to a facility or proposed facility—\n(a) at which the quantity of Schedule 15 chemicals present or likely\nto be present exceeds 10% of their threshold quantity but does\nnot exceed their threshold quantity; and\n(b) in relation to which notification was given under section 536\n(Operators of certain facilities must notify regulator) or\nsection 537 (Notification—proposed facilities); and\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\nsection 541 (Determination in relation to facility, on\ninquiry).\n\n(2) The operator of the facility or proposed facility must re-notify 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 re-\nnotification under this section, as if the re-notification were a\nnotification under section 536 (Operators of certain facilities must\nnotify regulator).\n","sortOrder":564},{"sectionNumber":"548","sectionType":"section","heading":"Notification by new operator","content":"548 Notification by new operator\n(1) This section applies—\n(a) in relation to a determined major hazard facility that is proposed\nto be operated by a new operator; and\n(b) whether or not a determination under section 543 (Suitability of\nfacility operator) was made 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 section 538 (2) (Content of notification) in relation to the\nproposed new operator.\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 subsection (2)\nwere a notification under section 536 (Operators of certain facilities\nmust notify regulator).\n\n","sortOrder":565},{"sectionNumber":"549","sectionType":"section","heading":"Time in which major hazard facility licence must be","content":"549 Time in which major hazard facility licence must be\napplied for\n(1) Subject to this section, the operator of a determined major hazard\nfacility 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 time\nto comply with part 9.3 (Duties of operators of determined major\nhazard facilities).\nNote The exemption from the requirement to be licensed is conditional on an\napplication for a licence being made within the time specified in this\nsection (see s 535 (3) and (5)).\n\nApplication—pt 9.3 Division 9.3.1\nPart 9.3 Duties of operators of\ndetermined major hazard\nNote 1 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\nto apply for a major hazard facility licence.\nNote 2 The Act and ch 7 continue to apply to a determined major hazard facility.\n","sortOrder":566},{"sectionNumber":"Div 9","sectionType":"division","heading":"3.1 Application—pt 9.3","content":"Division 9.3.1 Application—pt 9.3\n","sortOrder":567},{"sectionNumber":"550","sectionType":"section","heading":"Application—pt 9.3","content":"550 Application—pt 9.3\nThis part ceases to apply to a determined major hazard facility at the\nend of the exemption period applying to that facility under\nsection 535 (A major hazard facility must be licensed—Act, s 41).\nDivision 9.3.2 Determined major hazard facility—\nsafety case outline\n","sortOrder":568},{"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\n\nDivision 9.3.2 Determined major hazard facility—safety case outline\n","sortOrder":569},{"sectionNumber":"552","sectionType":"section","heading":"Safety case outline—content","content":"552 Safety case outline—content\nA safety case outline provided under section 551 must include the\n(a) a written plan for the preparation of the safety case, including\nkey steps and timelines, 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 the\nsafety case is provided to the regulator;\n(c) details of the resources that will be applied to the preparation of\nthe safety case, including the number of persons involved, their\nrelevant knowledge and experience and sources of technical\ninformation;\n(d) a description of the consultation with workers that—\n(i) occurred in the preparation of the safety case outline; and\n(ii) will occur in the preparation of the safety case;\n(e) a draft of the emergency plan prepared or to be prepared under\nsection 557 (Determined major hazard facility—emergency\nplan);\n(f) a summary of any arrangements that are to be made in relation\nto the security of the major hazard facility.\narrangements for preventing unauthorised access to the major hazard facility\n\nDetermined major hazard facility—safety case outline Division 9.3.2\n","sortOrder":570},{"sectionNumber":"553","sectionType":"section","heading":"Safety case outline—alteration","content":"553 Safety case outline—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 section 561 (Safety\ncase—content), the regulator may require the operator to alter the\noutline.\n(2) If the regulator proposes to require an operator to alter a safety case\noutline, 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 submission\nto the regulator in relation to the proposed requirement; and\n(c) specifying the date (being not less than 28 days) by which the\nsubmission must be made.\n(3) The regulator must—\nrequirement to alter a safety case outline—consider that\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 of\nthe decision, including details of the alteration required and the\nreasons why it is required.\n(4) The operator must alter the outline as required.\n\n(5) The operator must give the regulator a copy of a safety case outline\nthat has been altered—\n(a) under this section; or\n(b) by the operator on the operator’s initiative.\n(6) The safety case outline as altered becomes the safety case outline for\nthe major hazard facility.\nDivision 9.3.3 Determined major hazard facility—\nmanagement of risk\n","sortOrder":571},{"sectionNumber":"554","sectionType":"section","heading":"Determined major hazard facility—identification of major","content":"554 Determined major hazard facility—identification of major\nincidents 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 operation\nof 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 subsection (1), the operator must have regard to\nany advice and recommendations given by—\n\n(b) any Commonwealth government department or agency, or\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 hazards,\nincluding those relating to the security of the major hazard\nfacility, might give rise to the major incidents.\n","sortOrder":572},{"sectionNumber":"555","sectionType":"section","heading":"Determined major hazard facility—safety assessment","content":"555 Determined major hazard facility—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 incidents,\na safety assessment must involve a comprehensive and systematic\ninvestigation and analysis of all aspects of risks to health and safety\nassociated with all major incidents that could occur in the course of\nthe operation of the major hazard facility, including the following:\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\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, or\nboth), 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 implement.\n(5) The operator must keep a copy of the safety assessment at the major\n\n","sortOrder":573},{"sectionNumber":"556","sectionType":"section","heading":"Determined major hazard facility—control of risk—","content":"556 Determined major hazard facility—control of risk—\nAct, s 20\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 major\nincident 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 consequences\nto a person both on-site and off-site.\n","sortOrder":574},{"sectionNumber":"557","sectionType":"section","heading":"Determined major hazard facility—emergency plan","content":"557 Determined major hazard facility—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 incident\noccurring; and\n(b) includes all matters specified in schedule 16 (Matters to be\nincluded in emergency plan for major hazard facility); and\n(c) provides for testing of emergency procedures, including the\nfrequency of testing.\n\n(2) In preparing an emergency plan, the operator must consult with—\n(b) the chief health officer; and\n(c) in relation to the off-site health and safety consequences of a\nmajor incident occurring—SEMSOG.\nNote 1 Chief health officer—see the Legislation Act, dictionary, pt 1.\nNote 2 SEMSOG—see the dictionary.\n(3) The operator must ensure that the emergency plan addresses any\nrecommendation made by an entity consulted under subsection (2) in\nrelation to—\n(a) the testing of the emergency plan, including the manner in which\nit will be tested, the frequency of testing and whether or not\nemergency service organisations will participate in the testing;\nand\n(b) what incidents or events at the major hazard facility should be\nnotified to emergency service organisations.\n(4) The operator must have regard to any other recommendation or\nadvice given by an entity consulted under subsection (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 entities consulted under subsection (2); and\n(ii) any other relevant emergency service organisations.\n\n(6) The operator must test the emergency plan in accordance with the\nrecommendations made by the entities consulted under subsection (2)\nbefore applying for a licence for the 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 a\n(8) The operator must notify the entities consulted under subsection (2)\nof the occurrence of an incident or event referred to in\nsubsection (3) (b).\nNote 2 This section applies in addition to s 43.\n","sortOrder":575},{"sectionNumber":"558","sectionType":"section","heading":"Determined major hazard facility—safety management","content":"558 Determined major hazard facility—safety management\nsystem\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 section.\n\n(2) The operator of a determined major hazard facility must implement\nthe safety management system for the major hazard facility, so far as\nis 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 of\nensuring 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 broad\naims in relation to the safe operation of the major hazard facility;\nand\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(d) include the matters specified in schedule 17 (Additional matters\nto be included in safety management system of major hazard\nfacility); and\n(e) be readily accessible to persons who use it.\n\n","sortOrder":576},{"sectionNumber":"559","sectionType":"section","heading":"Determined major hazard facility—review of risk","content":"559 Determined major hazard facility—review of risk\n(1) The operator of a determined major hazard facility must review and,\nas necessary, revise the following in accordance with this section:\n(a) the safety assessment conducted under section 555 (Determined\nmajor hazard facility—safety assessment—Act, s 20) in order to\nensure the adequacy of the control measures to be implemented\nby 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 subsection (1), the operator must conduct a review\nand revision in the following circumstances:\n(a) a modification to the major hazard facility is proposed;\n(b) a control measure implemented under section 556 (Determined\nmajor hazard facility—control of risk—Act, s 20) does not\nminimise the relevant risk so far as is reasonably practicable;\nan effectiveness test indicates a deficiency in the control measure\n(c) a new major hazard risk is identified;\n(d) the results of consultation by the operator under part 9.5\n(Consultation and workers’ safety role) indicate that a review is\nnecessary;\nsubsection (4);\n(f) the regulator requires the review.\n\n(3) In reviewing and revising the emergency plan, the operator must\nconsult with the emergency service organisations referred to in\nsection 557 (2) (Determined major hazard facility—emergency\nplan).\n(4) A health and safety representative for workers at a major hazard\nfacility may request a review if the representative reasonably believes\n(a) a circumstance referred to in subsection (2) (a), (b), (c) or (d)\nand\n(b) the operator has not adequately conducted a review in response\nDivision 9.3.4 Determined major hazard facility—\nsafety case\n","sortOrder":577},{"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 section 561, within\n24 months after the facility was determined to be a major hazard\n\nDetermined major hazard facility—safety case Division 9.3.4\n","sortOrder":578},{"sectionNumber":"561","sectionType":"section","heading":"Safety case—content","content":"561 Safety case—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 section 554\n(Determined major hazard facility—identification of major\nincidents and major incident hazards), including a list of all\nmajor incidents identified;\n(b) a summary of the safety assessment conducted under\nsection 555 (Determined major hazard facility—safety\nassessment);\n(c) a summary of the major hazard facility’s emergency plan;\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 section 575 (Operator of major hazard facility must\nconsult with workers—Act, s 49 (f)) in the preparation of the\nsafety case;\n(g) the additional matters specified in schedule 18 (Additional\nmatters to be included in safety case for a major hazard facility).\n(3) The safety case must include any further information that is necessary\nto ensure that all information contained in the safety case is accurate\nand 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\n(b) the adequacy of the measures to be implemented by the operator\nto control risks associated with the occurrence and potential\noccurrence of major incidents.\n(5) The operator must include in the safety case a signed statement that—\n(a) the information provided under subsections (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(d) all persons to be involved in the implementation of the safety\nmanagement system have the knowledge and skills necessary to\nenable them to carry out their role safely and competently.\n(6) If the operator is a body corporate, the safety case must be signed by\nthe most senior executive officer of the body corporate who resides\nin the ACT.\n\nDetermined major hazard facility—safety case Division 9.3.4\n","sortOrder":579},{"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 safe\noperation and effective safety management of any or all of those\nmajor hazard facilities.\n(2) If the regulator requires the coordinated preparation of safety cases,\neach operator must provide the other operators with information\nconcerning any circumstances at the operator’s facility that could\nconstitute a major incident hazard in relation to any of the other major\nhazard facilities.\n(3) In complying with this section, the operator is not required to disclose\ninformation that may expose the major hazard facility to a major\nincident hazard in relation to the security of the major hazard facility.\n","sortOrder":580},{"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 section 559 (Determined major hazard\nfacility—review of risk management).\nNote 2 The operator of a licensed major hazard facility is required to notify the\nregulator of any change in relation to certain information about the\nlicence (see s 588).\n\nPart 9.4 Licensed major hazard\nfacilities—risk management\nNote This part applies to a major hazard facility that is licensed under pt 9.7.\n","sortOrder":581},{"sectionNumber":"564","sectionType":"section","heading":"Licensed major hazard facility—identification of major","content":"564 Licensed major hazard facility—identification of major\nincidents 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 operation\nof 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 subsection (1), the operator must have regard to\nany advice and recommendations given by—\n(b) any Commonwealth government department or agency, or\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\n(c) any external conditions under which the major incident hazards,\nincluding those relating to the security of the major hazard\nfacility, might give rise to the major incidents.\n(4) All major incidents and major incident hazards identified and\ndocumented under section 554 (Determined major hazard facility—\nidentification of major incidents and major incident hazards) in\nrelation to the major hazard facility are taken to have been identified\nand documented under this section.\n","sortOrder":582},{"sectionNumber":"565","sectionType":"section","heading":"Licensed major hazard facility—safety assessment","content":"565 Licensed major hazard facility—safety assessment\nThe operator of a licensed major hazard facility must keep a copy of\nthe safety assessment documented under section 555 (Determined\nmajor hazard facility—safety assessment) as revised under part 9.3\n(Duties of operators of determined major hazard facilities) and this\npart at the facility.\n","sortOrder":583},{"sectionNumber":"566","sectionType":"section","heading":"Licensed major hazard facility—control of risk—Act, s 20","content":"566 Licensed major hazard facility—control of risk—Act, s 20\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 major\nincident occurring; or\n(b) if it is not reasonably practicable to eliminate that risk—\nminimise that risk so far as is reasonably practicable.\n\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 consequences\nto persons both on-site and off-site.\n","sortOrder":584},{"sectionNumber":"567","sectionType":"section","heading":"Licensed major hazard facility—emergency plan","content":"567 Licensed major hazard facility—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\nsection 557 (Determined major hazard facility—emergency plan) as\nrevised under part 9.3 (Duties of operators of determined major\nhazard facilities) 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 section 557 (2) (Determined major hazard facility—\nemergency plan).\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\n(b) an event occurs that could reasonably be expected to lead to a\n(4) The operator must notify the regulator and the emergency service\norganisations referred to in section 557 (2) (Determined major hazard\nfacility—emergency plan) of the occurrence of an incident or event\nreferred to in section 557 (3) as soon as practicable after the incident\nor event occurs.\n","sortOrder":585},{"sectionNumber":"568","sectionType":"section","heading":"Licensed major hazard facility—safety management","content":"568 Licensed major hazard facility—safety management\nsystem\n(1) The operator of a licensed major hazard facility must implement the\nmajor hazard facility’s safety management system established under\nsection 558 (Determined major hazard facility—safety management\nsystem) as revised under part 9.3 (Duties of operators of determined\nmajor hazard facilities) and this part.\n(2) The operator must use the safety management system as the primary\nmeans of—\n(a) ensuring the health and safety of workers engaged or caused to\nbe 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\nhazard facility; and\n\n(b) ensuring that the health and safety of other persons is not put at\nrisk from work carried out as part of the operation of the major\nNote The operator of a licensed major hazard facility is required to notify\nthe regulator of any change in relation to certain information about\nthe licence (see s 588).\n","sortOrder":586},{"sectionNumber":"569","sectionType":"section","heading":"Licensed major hazard facility—review of risk","content":"569 Licensed major hazard facility—review of risk\n(1) The operator of a licensed major hazard facility must review and, as\nnecessary, revise the following in accordance with this section:\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 subsection (1), the operator must conduct a review\nand revision in the following circumstances:\n(a) a modification to the major hazard facility is proposed;\n(b) a control measure implemented under section 566 (Licensed\nmajor hazard facility—control of risk—Act, s 20) does not\nminimise the relevant risk so far as is reasonably practicable;\nan effectiveness test indicates a deficiency in the control measure\n(c) a new major hazard risk is identified;\n\n(d) the results of consultation by the operator under part 9.5\n(Consultation and workers’ safety role) indicate that a review is\nnecessary;\nsubsection (5);\n(f) the regulator requires the review;\n(g) at least once every 5 years.\n(3) In reviewing and revising the safety assessment, the operator must\ncomply with the requirements set out in section 555 (2), (3) and\n(4) (Determined major hazard facility—safety assessment).\n(4) In reviewing and revising the emergency plan, the operator must\nconsult with the emergency service organisations referred to in\nsection 557 (2) (Determined major hazard facility—emergency plan).\n(5) A health and safety representative for workers at a major hazard\nfacility may request a review if the representative reasonably believes\n(a) a circumstance referred to in subsection (2) (a), (b), (c) or (d)\nand\n(b) the operator has not adequately conducted a review in response\n\n","sortOrder":587},{"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 under\nsection 569 (Licensed major hazard facility—review of risk\nmanagement).\nNote 2 The operator of a licensed major hazard facility is required to notify the\nregulator of any change in relation to certain information about the\nlicence (see s 588).\n","sortOrder":588},{"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 as\nsoon 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 emergency\nplan is implemented while the person is on-site.\n","sortOrder":589},{"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\nSEMSOG:\n(a) the name and location of the major hazard facility;\n\n(b) the name, position and contact details of a contact person from\nwhom 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 emergency\nplan, that members of the local community should take if a\nmajor incident occurs;\n(f) a summary of the safety case for the major hazard facility.\nNote 2 SEMSOG—see the dictionary.\n(2) The operator must ensure that the information provided under\nsubsection (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 to\nthe major hazard facility; and\n(c) sent in writing to any community or public library serving the\nlocal community.\n(3) In complying with subsection (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\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 the person’s health or safety must give that person a\ncopy of the information provided to the local community under this\n","sortOrder":590},{"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 the\npersons specified in subsection (2) with information about the major\nincident, including—\n(a) a general description of the major incident; and\n(b) a description of the actions the operator has taken and proposes\nto take to prevent any recurrence of the major incident or the\noccurrence of a similar major incident; and\n(c) recommended actions that SEMSOG and members of the local\ncommunity should take to eliminate or minimise risks to health\nand 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) SEMSOG; and\n\n(c) any Commonwealth government department or agency, or\nNote SEMSOG—see the dictionary.\n\nPart 9.5 Consultation and workers’ safety\nrole\n","sortOrder":591},{"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 section 554 (Determined major hazard facility—\nidentification of major incidents and major incident hazards);\nand\n(b) the consideration of control measures in the conduct of the\nsafety assessment under section 555 (Determined major hazard\nfacility—safety assessment); and\n(c) the conduct of a review under section 559 (Determined major\nhazard facility—review of risk management).\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 contribute\nto the conduct of a review under section 569 (Licensed major hazard\nfacility—review of risk management).\n\nConsultation and workers’ safety role Part 9.5\n","sortOrder":592},{"sectionNumber":"575","sectionType":"section","heading":"Operator of major hazard facility must consult with","content":"575 Operator of major hazard facility must consult with\nworkers—Act, s 49 (f)\n(1) The operator of a determined major hazard facility must consult with\nworkers at the major 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 hazard\nfacility’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 section 559 (Determined major\nhazard facility—review of risk management);\n(e) the implementation of the workers’ safety role under section 574\n(1) (Safety role for workers);\n(f) the preparation and review of the major hazard facility’s safety\ncase.\n(2) The operator of a licensed major hazard facility must consult with\nworkers at the major 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 section 569 (Licensed major\nhazard facility—review of risk management);\n\n(d) the implementation of the workers’ safety role under\nsection 574 (2) (Safety role for workers);\n(e) a review of the major hazard facility’s safety case.\nNote 2 See the Act, s 49 for other consultation duties of a person conducting a\nbusiness or undertaking.\n\nDuties of workers at licensed major hazard facilities Part 9.6\nPart 9.6 Duties of workers at licensed\nmajor hazard facilities\n","sortOrder":593},{"sectionNumber":"576","sectionType":"section","heading":"Licensed major hazard facility—duties of workers","content":"576 Licensed major hazard facility—duties of workers\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 control\nmeasure in relation to major incidents, including the taking of\ncorrective action under the procedure; and\n(b) comply with any procedure in the emergency plan, including the\ntaking of corrective action under the plan; and\n(c) immediately inform the operator about any circumstance that the\nworker believes may cause a major incident; and\n(d) inform their supervisor about any corrective action taken by the\n(2) A worker is not required to comply with subsection (1) if to do so\nwould risk the health or safety of the worker or of another worker or\nother person.\n\nPart 9.7 Licensing of major hazard\n","sortOrder":594},{"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 section 543 (Suitability of facility\noperator) may apply for a major hazard facility licence for that\n","sortOrder":595},{"sectionNumber":"578","sectionType":"section","heading":"Application for major hazard facility licence","content":"578 Application for major hazard facility licence\n(1) This section applies to an application for a major hazard facility\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 division 9.3.4 (Determined major\nhazard facility—safety case);\n\n(f) if the operator is an individual—\n(i) a declaration as to whether or not the operator has ever\nAct or this regulation or under any corresponding WHS\n(iii) a declaration as to whether or not the operator has ever\nentered into an enforceable undertaking under the Act or\nunder any corresponding WHS law; and\n(iv) details of any enforceable undertaking declared under\n(v) if the operator has previously been refused a major hazard\nfacility licence under a corresponding WHS law, a\ndeclaration giving details of that refusal; and\n(vi) if the operator has previously held a major hazard facility\nlicence under the Act or this regulation or under a\ncorresponding WHS law, a declaration—\noperator had been disqualified from applying for a\nmajor hazard facility licence; and\n\n(g) if the operator is a body corporate, the information referred to in\nparagraph (f) in relation to—\n(i) the operator; and\n(ii) each officer of the operator.\n","sortOrder":596},{"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 operator\nto provide additional information.\n(a) specify the date (being not less than 28 days after the request)\nby which the additional information is to be given; and\n(3) If an operator does not provide the additional information by the date\nspecified, the application is to be taken to have been withdrawn.\n\n","sortOrder":597},{"sectionNumber":"580","sectionType":"section","heading":"Decision on application","content":"580 Decision on application\n(1) Subject to this section, the regulator must grant a major hazard facility\nlicence if satisfied about the matters referred to in subsection (2).\n(b) the safety case for the facility has been prepared in accordance\nwith division 9.3.4 (Determined major hazard facility—safety\ncase);\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 apply\nto 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 control\nover the major hazard facility:\n(a) if the operator is an individual—the operator;\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, the regulator must notify\nthe operator within 14 days after making the decision.\n\n(6) If the regulator does not make a decision within 6 months after\nunder section 579 (Additional information), the regulator is taken to\nhave refused to grant the licence applied for.\nNote A refusal to grant a major hazard facility licence (including under s (6))\nis a reviewable decision (see s 676).\n","sortOrder":598},{"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 section 580 (3) (Decision on application), if the\noperator is an individual, the regulator must have regard to all relevant\nmatters, including the following:\ncorresponding WHS law of which the operator has been\n(b) any enforceable undertaking the operator has entered into under\nthe Act or under a corresponding WHS law;\n(c) in relation to a major hazard facility licence applied for or held\nby the operator under the Act or this regulation or under a\n(ii) any condition imposed on the licence, if granted, and the\nreason the condition was imposed; and\n(d) the operator’s record in relation to any matters arising under the\nAct or this regulation or under a corresponding WHS law;\n\n(e) any advice or recommendations received from any territory or\nCommonwealth agency with responsibility in relation to\nnational security.\n(2) For the purposes of section 580 (3) (Decision on application), if the\noperator is a body corporate, the regulator must have regard to all\nrelevant matters, including the matters referred to in subsection (1),\nin relation to—\n","sortOrder":599},{"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 a\nmajor hazard facility licence within 6 months after receiving the\napplication or the additional information requested under section 579\n(Additional information).\n","sortOrder":600},{"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(2) After the date specified in a notice under subsection (1), the regulator\nrefusal to grant the licence—consider that submission; and\n(b) whether or not the operator has made a submission—decide\n\n(c) within 14 days after making the decision, give the operator\n","sortOrder":601},{"sectionNumber":"584","sectionType":"section","heading":"Conditions of licence","content":"584 Conditions of licence\n(1) The regulator may impose any conditions the regulator considers\nappropriate on 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.\n(3) A licence under this part includes a condition that, if the licensee is\nissued with an infringement notice under the Magistrates Court\n\n","sortOrder":602},{"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 the\nday it is granted and, unless cancelled earlier, expires on the day\ndetermined by the regulator, which must be not more than 5 years\nafter the day the licence was granted.\n","sortOrder":603},{"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 determined\nby the regulator.\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(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":604},{"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.\noperator’s possession because—\n(a) it has been returned to the regulator under section 593 (Operator\nto return licence); and\n\n(b) the operator has applied for, but has not received, a replacement\nlicence under section 594 (Replacement licence document).\nDivision 9.7.2 Amendment of licence and licence\n","sortOrder":605},{"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.\na change to the quantity of the hazardous chemicals present or likely to be present\nat the facility\napplication for grant or renewal of the licence or in any other\ncircumstance.\n","sortOrder":606},{"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 give\nthe operator a written notice—\n\nAmendment of licence and licence document Division 9.7.2\nsubmission to the regulator in relation to the proposed\namendment.\namendment—consider that submission; and\n(b) whether or not the operator has made a submission—decide—\nconsideration of any submission made by the operator; and\n(c) within 14 days after making that decision, give the operator\nwritten notice that—\n(i) sets out the amendment, if any; and\namendment—sets out the regulator’s reasons for making\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 A decision to amend a licence is a reviewable decision (see s 676).\n","sortOrder":607},{"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 the\n\n(2) If the regulator proposes to refuse to amend the licence, the regulator\nmust 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\nrefusal—consider that submission; and\n(b) whether or not the operator has made a submission—decide—\nconsideration of any submission made by the operator; and\n(c) within 14 days after making that decision, give the operator\nwritten notice of the decision in accordance with this section.\nsubsection (3) (c) must specify the date (being not less than 28 days\nafter the operator is given the decision notice) on which the\n(5) If the regulator refuses to make the amendment applied for or makes\na different amendment, the notice under subsection (3) (c) must—\nregulator’s decision; and\n\nAmendment of licence and licence document Division 9.7.2\n(ii) specify the date (being not less than 28 days after the\noperator is given the decision notice) on which the\n","sortOrder":608},{"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 facility\nlicence, including an amendment—\n(c) that does not impose a significant burden on the operator.\n","sortOrder":609},{"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 considers\nthat the licence document requires amendment, the regulator must\ngive the operator an amended licence document within 14 days after\nmaking the decision to amend the licence.\n","sortOrder":610},{"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 the\nregulator for amendment at the written request of the regulator and\nwithin the time specified in the request.\n\n","sortOrder":611},{"sectionNumber":"594","sectionType":"section","heading":"Replacement licence document","content":"594 Replacement licence document\n(1) The operator of a licensed major hazard facility must give written\nnotice to the regulator as soon as practicable if the licence document\nis lost, stolen 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.\nNote 1 An operator is required to keep the licence document available for\ninspection (see s 587).\nNote 3 If a form is approved under the Act, s 277 for this provision, the form\n(3) The application must include a declaration describing the\ncircumstances in which the original document was lost, stolen or\ndestroyed.\n(4) The regulator must issue a replacement licence document if satisfied\n(5) If the regulator refuses to issue a replacement licence document, the\nregulator must give the operator written notice of this decision,\nincluding the reasons for the decision, within 14 days after making\nthe decision.\nNote A refusal to issue a replacement licence document is a reviewable\n\nRenewal of major hazard facility licence Division 9.7.3\nDivision 9.7.3 Renewal of major hazard facility\n","sortOrder":612},{"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":613},{"sectionNumber":"596","sectionType":"section","heading":"Application for renewal","content":"596 Application for renewal\n(1) This section applies to an application for renewal of a major hazard\nfacility licence.\n(2) The application must include a copy of the safety case for the major\nhazard facility as revised under section 570 (Safety case—review).\n(3) The application must be made not less than 6 months before the\nlicence to be renewed expires.\n","sortOrder":614},{"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\nsection 596 (Application for renewal) for the renewal of a major\nhazard facility licence, the licence is taken to continue in force from\nthe day it would, apart from this section, have expired until the\noperator is given notice of the decision on the application.\n\nDivision 9.7.3 Renewal of major hazard facility licence\n","sortOrder":615},{"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) section 579 (Additional information) applies as if a reference in\n(b) section 580 (Decision on application) (except subsection (6)),\nsection 581 (Matters to be taken into account), section 584\n(Conditions of licence) and section 585 (Duration of licence)\napply as if a reference in those sections to the grant of a licence\nwere a reference to the renewal of a licence; and\n(c) section 583 (Refusal to grant major hazard facility licence—\nprocess) applies as if a reference in that section to a refusal to\ngrant a licence were a reference to a refusal to renew a licence.\n","sortOrder":616},{"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 section applies if the regulator gives the operator written notice\nof the regulator’s decision to refuse to renew the licence.\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 to\nhave effect until the earlier of the following events:\n(a) the operator withdraws the application for review;\n(b) ACAT makes a decision on the review.\n(4) The licence continues to have effect under this section even if its\n\nTransfer of major hazard facility licence Division 9.7.4\nDivision 9.7.4 Transfer of major hazard facility\n","sortOrder":617},{"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 person\nwho is to become the operator of the major hazard facility, if satisfied\nthat the proposed operator will achieve a standard of health and safety\nin the operation of the facility that is at least equivalent to the standard\nthat the current operator has achieved.\n(2) The regulator may transfer the licence subject to any conditions that\nthe regulator considers necessary and appropriate to ensure that the\nnew operator will be able to achieve a standard of health and safety\nin the operation of the facility that is at least equivalent to the standard\nachieved by the existing operator.\n(3) 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.\nNote A decision to refuse to transfer a major hazard facility licence is a\n\nDivision 9.7.5 Suspension and cancellation of major\nhazard facility licence\n","sortOrder":618},{"sectionNumber":"601","sectionType":"section","heading":"Cancellation of major hazard facility licence—on","content":"601 Cancellation of major hazard facility licence—on\noperator's application\n(1) The operator of a licensed major hazard facility may apply to the\nregulator to cancel the licence.\n(2) The regulator must conduct an inquiry into the inventory and\noperations of the facility before deciding on an application to cancel\na licence.\n(3) 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(4) If the regulator, under this section, cancels the licence of a facility\nthat was determined to be a major hazard facility under part 9.2\n(Determinations about major hazard facilities), the regulator must\nrevoke the determination.\nNote A decision to refuse to cancel a licence is a reviewable decision\n\n","sortOrder":619},{"sectionNumber":"602","sectionType":"section","heading":"Suspension or cancellation of licence—on regulator's","content":"602 Suspension or cancellation of licence—on regulator's\n(1) The regulator, on their own initiative, may suspend or cancel a major\nhazard facility licence if satisfied about 1 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 of\nthe 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 A decision to suspend a licence, to cancel a licence or to disqualify the\noperator from applying for a further licence is a reviewable decision\n","sortOrder":620},{"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 section 602 (Suspension or cancellation\nof licence—on regulator’s initiative), the regulator must have regard\nto the following:\n(a) any submissions made by the operator under section 604 (Notice\nto and submissions by operator);\n(b) any advice received from a corresponding regulator;\n\n(c) any advice or recommendations received from any territory or\nCommonwealth agency with responsibility in relation to\nnational security.\n(2) For the purposes of section 602 (1) (a) and (b) (Suspension or\ncancellation of licence—on regulator’s initiative), 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 under\n(c) in relation to a major hazard facility licence applied for or held\nby the operator under the Act or this regulation or under a\n(ii) any condition imposed on the licence, if granted, and the\nreason the condition was imposed; and\n(d) the operator’s record in relation to any matters arising under the\nAct or this regulation or under a corresponding WHS law.\n\n(3) For the purposes of section 602 (1) (a) and (b) (Suspension or\ncancellation of licence—on regulator’s initiative), if the operator is a\nbody corporate, the regulator must have regard to all relevant matters,\nincluding the matters referred to in subsection (2), in relation to—\n","sortOrder":621},{"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 facility licence, the\nregulator must give the operator a written notice of the proposed\nsuspension or cancellation and any proposed disqualification—\n(a) outlining all relevant allegations, facts and circumstances known\nsubmission in relation to the proposed suspension or\ncancellation and any proposed disqualification.\n","sortOrder":622},{"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 written\nnotice of a decision under section 602 (Suspension or cancellation of\nlicence—on regulator’s initiative) to suspend or cancel the major\nhazard facility licence within 14 days after making the decision.\n\n(iii) whether or not the operator is required to take any action\nbefore the suspension ends; and\n(iv) whether or not the operator is disqualified from applying\nfor a further major hazard facility licence during the\nsuspension; and\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\nbefore the disqualification ends; and\n","sortOrder":623},{"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 section 602 (Suspension or cancellation of\nlicence—on regulator’s initiative) without giving notice under\nsection 604 (Notice to and submissions by operator) if satisfied that—\n(a) a person may be exposed to an imminent serious risk to their\nhealth or safety if the work carried out under the major hazard\nfacility licence were not suspended; or\n\n(b) a corresponding regulator has suspended a major hazard facility\nlicence held by the operator under this section as applying in the\n(a) the regulator must give the operator of the major hazard facility\nwritten notice of the suspension and the reasons for the\nsuspension; and\n(a) give notice under section 604 within 14 days after giving the\n(b) make its decision under section 602.\nsuspension ends at the end of the 14 day period.\nsuspended until the decision is made under section 602.\n","sortOrder":624},{"sectionNumber":"607","sectionType":"section","heading":"Operator to return licence document","content":"607 Operator to return licence document\nAn operator, on receiving a notice under section 605 (Notice of\n","sortOrder":625},{"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 within\n14 days after the suspension ends.\n\n","sortOrder":626},{"sectionNumber":"Part 11","sectionType":"part","heading":"1 Review of decisions under this","content":"Part 11.1 Review of decisions under this\nregulation\n","sortOrder":627},{"sectionNumber":"676","sectionType":"section","heading":"Which decisions under this regulation are reviewable","content":"676 Which decisions under this regulation are reviewable\n(1) The following table sets out—\n(a) decisions made under this regulation that are reviewable under\nthis part (reviewable decisions); and\n(b) who is eligible to apply for review of a reviewable decision (the\neligible person).\nitem\nmade\nHigh risk work licences\n1 89—refusal to grant licence applicant\n2 91—refusal to grant licence applicant\n2A 91A—imposition of a condition when granting\n2B 91A—imposition of a condition when renewing\n3 98—refusal to issue replacement licence\n4 104—refusal to renew licence applicant\n5 106—suspension of licence licence-holder\n6 106—cancellation of licence licence-holder\n\nitem\nmade\n7 106—disqualification of licence-holder from\napplying for another licence\n7A 106—variation of licence conditions licence-holder\nRegistration of Plant Designs\n17 256—refusal to register plant design applicant\n18 257—refusal to register plant design applicant\n19 258—imposition of a condition when granting\nregistration of plant design\nRegistration of Plant\n20 269—refusal to register item of plant • applicant\n21 270—refusal to register item of plant • applicant\n22 271—imposition of a condition when granting\nregistration of item of plant\n23 271—imposition of a condition when renewing\nregistration of item of plant\n\nitem\nmade\n24 279—refusal to renew registration of item of\n25 283—amendment of registration, on regulator’s\n26 284—refusal to amend registration on\napplication (or a decision to make a different\namendment)\n27 288—refusal to issue replacement registration\n27A 288B—decision to cancel registration • registration holder\nGeneral Construction Induction Training\n28 322—refusal to issue general construction\ninduction training card\n29 322—refusal to issue replacement general\nconstruction induction training card\ncard-holder\n\nitem\nmade\n30 323—cancellation of general construction\ninduction training card\ncard-holder\nHazardous chemicals and lead\n31 384—refusal to grant authorisation to use,\nhandle or store a prohibited carcinogen or\n32 386—cancellation of authorisation to use,\nhandle or store a prohibited carcinogen or\nauthorisation holder\n33 393—deciding a process to be a lead process • a person conducting\na business or\nundertaking that\ncarries out the lead\n• a worker whose\ninterests are affected\nby the decision\n34 407—determining a different frequency for\nbiological monitoring of workers at a\nworkplace, or a class of workers, carrying out\nlead risk work\n• a person conducting\na business or\nundertaking that\ncarries out lead risk\nwork\n• a worker whose\ninterests are affected\nby the decision\nAsbestos removal licences and asbestos assessor licences\n35 497—refusal to grant licence applicant\n36 501—refusal to grant licence applicant\n37 502—imposition of a condition when granting\n\nitem\nmade\n38 502—imposition of a condition when renewing\n39 508—amendment of licence, on regulator’s\n40 509—refusal to amend licence on application\n(or a decision to make a different amendment)\n41 513—refusal to issue replacement licence\n42 517—refusal to renew licence applicant\n43 520—suspension of licence licence-holder\n44 520—cancellation of licence licence-holder\n45 520—disqualification of licence-holder from\napplying for another licence\nDetermination of facility to be a major hazard facility\n46 541—determination of facility to be a major\nhazard facility, on making inquiry\n47 541—decision not to determine proposed\nfacility to be a major hazard facility\n48 542—determination of major hazard facility • operator of facility\n49 543—determination of suitability of operator • operator of facility\n50 544—imposition of a condition on a\ndetermination of a major hazard facility\nLicensing of major hazard facility\n51 580—refusal to grant licence • operator of facility\n52 584—imposition of a condition when granting\n\nitem\nmade\n53 584—imposition of a condition when renewing\n54 589—amendment of licence, on regulator’s\n55 590—refusal to amend licence, on application\n(or a decision to make a different amendment)\n56 594—refusal to issue replacement licence\n57 598—refusal to renew licence • operator of facility\n58 600—refusal to transfer licence, on application • operator of facility\n• proposed operator of\n59 601—refusal to cancel licence, on application • operator of facility\n60 602—suspension of licence • operator of facility\n61 602—cancellation of licence • operator of facility\n62 602—disqualification of operator from applying\nfor another licence\nExemptions\n63 684—Refusal to exempt person (or a class of\npersons) from compliance with any provision of\nthis regulation\n64 686—refusal to exempt person from\nrequirement to hold a high risk work licence\n65 688—refusal to exempt operator of major\nhazard facility from compliance with any\nprovision of this regulation, on application\n66 691—imposing condition on an exemption\ngranted on application under pt 11.2\n\nitem\nmade\n67 696—refusal to grant exemption • applicant\n68 697—amendment of an exemption granted\nunder pt 11.2\n69 697—cancellation of an exemption granted on\napplication under pt 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, cancelling,\nrevoking or refusing to grant issue, amend or renew an\nauthorisation; 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":628},{"sectionNumber":"677","sectionType":"section","heading":"Application","content":"677 Application\nThis division does not apply to a reviewable decision made under—\n(a) chapter 9 (Major hazard facilities); or\n\nInternal review Division 11.1.2\n(b) part 11.2 (Exemptions).\n","sortOrder":629},{"sectionNumber":"678","sectionType":"section","heading":"Application for internal review","content":"678 Application for internal review\n(1) Subject to subsection (2), an eligible person in relation to a\nreviewable decision may apply to the regulator for review\n(an internal 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\nsection 89 (5) (Decision on application), section 256 (5) (Decision on\napplication), section 269 (5) (Decision on application) or\nsection 497 (5) (Decision on application) may apply to the regulator\nfor review (an internal review) of the decision within—\n(a) 28 days after the day on which the 120-day period mentioned in\nthat provision; or\n(b) any longer time the regulator allows.\nNote If a form is approved under the Act, s 277 for this provision, the form\n","sortOrder":630},{"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 internal\nreviewer in relation to that decision.\n\n","sortOrder":631},{"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 make\na decision as soon as practicable and within 14 days after the\napplication for internal review, or the additional information\nrequested under subsection (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 time\n(being not less than 7 days) stated by the internal reviewer in the\nrequest for information.\n(5) If the applicant does not provide the additional information within the\nrequired 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 14-day\nperiod mentioned in subsection (1), the reviewable decision is taken\nto have been confirmed by the internal reviewer.\n","sortOrder":632},{"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\nExternal review Division 11.1.3\n","sortOrder":633},{"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":634},{"sectionNumber":"Div 11","sectionType":"division","heading":"1.3 External review","content":"Division 11.1.3 External review\n","sortOrder":635},{"sectionNumber":"683","sectionType":"section","heading":"Application for external review","content":"683 Application for external review\n(1) An eligible person may apply to the ACAT for review (an external\nreview) of—\n(a) a reviewable decision made by the regulator under—\n(i) chapter 9 (Major hazard facilities); or\n(ii) part 11.2 (Exemptions); 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 ACAT allows.\n\n","sortOrder":636},{"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 this regulation.\n(2) The exemption may be granted on the regulator’s own initiative or on\nthe written application of 1 or more persons.\nNote 2 It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document\n(see Criminal Code, pt 3.4).\n(3) This section is subject to the limitations set out in this part.\n(4) This section 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 (Major hazard facilities) relating to a\nmajor hazard facility or proposed major hazard facility.\n\nGeneral Division 11.2.1\n","sortOrder":637},{"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 section 684\nthe regulator must have regard to all relevant matters, including the\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 relevant\nprovision 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(d) if the proposed exemption relates to a particular thing—whether\nthe regulator is satisfied that the risk associated with the thing is\nnot significant if the exemption is granted;\n(e) whether the applicant has carried out consultation in relation to\nthe proposed exemption in accordance with the Act, division 5.1\n(Consultation, cooperation and coordination between\nduty-holders) and division 5.2 (Consultation with workers).\n\n","sortOrder":638},{"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 this regulation requiring the person or\nclass of persons to hold a high risk work licence.\n(2) The exemption may be granted on the written application of any\nperson concerned.\n","sortOrder":639},{"sectionNumber":"687","sectionType":"section","heading":"High risk work licence—regulator to be satisfied about","content":"687 High risk work licence—regulator to be satisfied about\ncertain matters\n(1) The regulator must not grant an exemption under section 686 unless\nsatisfied that granting the exemption will result in a standard of health\nand safety that is at least equivalent to the standard that would have\nbeen achieved without that exemption.\n(2) For the purposes of subsection (1), the regulator must have regard to\nall relevant matters, including whether or not—\n(a) the obtaining of the high risk work licence would be impractical;\nand\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\nMajor hazard facilities Division 11.2.3\nDivision 11.2.3 Major hazard facilities\n","sortOrder":640},{"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 this regulation relating to that facility.\n(2) The exemption may be granted on the written application of the\noperator of the major hazard facility or proposed major hazard\n","sortOrder":641},{"sectionNumber":"689","sectionType":"section","heading":"Major hazard facility—regulator to be satisfied about","content":"689 Major hazard facility—regulator to be satisfied about\ncertain matters\n(1) The regulator must not grant an exemption under section 688 unless\nsatisfied that—\n(a) 1 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 threshold\nquantity of the Schedule 15 chemicals periodically because they\nare solely the subject of intermediate temporary storage; and\n(c) the Schedule 15 chemicals are in 1 or more containers with the\ncapacity of each container being not more than a total of 500kg;\nand\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 compliance\nwith the relevant provision or provisions.\n\n(2) For the purposes of subsection (1) (d), the regulator must have regard\nto all relevant matters, including whether or not—\n(a) the applicant is complying with the Act and this regulation; and\n(b) the applicant has processes and procedures in place which will\nkeep the quantity of the Schedule 15 chemical or chemicals\npresent or likely to be present at or below the threshold quantity\nfor the Schedule 15 chemical or chemicals as often as\n(c) the applicant has implemented adequate control measures to\nminimise the risk of a major incident occurring.\n","sortOrder":642},{"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.\nNote 1 The application must be in writing (see s 684 (2)).\nNote 2 The regulator may grant an exemption on its own initiative (see\ns 684 (2)).\nNote 3 See the Act, s 268 for offences relating to the giving of false or misleading\ninformation under the Act or this regulation.\n","sortOrder":643},{"sectionNumber":"691","sectionType":"section","heading":"Conditions of exemption","content":"691 Conditions of exemption\nan exemption granted under this part.\n(2) Without limiting subsection (1), conditions may require the applicant\nto do 1 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\nExemption process Division 11.2.4\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 by\nthe exemption.\nNote A decision to impose a condition is a reviewable decision (see s 676).\n","sortOrder":644},{"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 apply;\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 this regulation to which the exemption applies;\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","sortOrder":645},{"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 that\nperson complies with the conditions of the exemption.\n\n","sortOrder":646},{"sectionNumber":"694","sectionType":"section","heading":"Notice of decision in relation to exemption","content":"694 Notice of decision in relation to exemption\nThe regulator must give a copy of the exemption document\nmentioned in section 692 (Form of exemption document), within\n14 days after making the decision to grant 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 section 695 applies) to\nwhom the exemption will apply.\n","sortOrder":647},{"sectionNumber":"695","sectionType":"section","heading":"Publication of notice of exemption","content":"695 Publication of notice of exemption\n(1) This section applies to an exemption that relates to a class of persons.\n(2) The exemption is a notifiable instrument.\n","sortOrder":648},{"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 give\nthe applicant for the exemption written notice of the refusal within\n14 days after making that decision.\n(2) The notice must state the regulator’s reasons for the refusal.\nNote A refusal to grant an exemption is a reviewable decision (see s 676).\n","sortOrder":649},{"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 A decision to amend or cancel an exemption is a reviewable decision\n\nExemption process Division 11.2.4\n","sortOrder":650},{"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 subsection (2) applies)\nto whom the exemption applies.\n(2) If the exemption affects a class of persons—\n(a) for an amendment—the exemption as amended is a notifiable\ninstrument; and\n(b) for a cancellation—notice of the cancellation is a notifiable\ninstrument.\n(3) The notifiable instrument must state the regulator’s reasons for the\namendment or cancellation.\n(4) The amendment or cancellation takes effect—\n(a) for an amendment or cancellation mentioned in subsection (2)—\non the day after the exemption as amended, or notice of\ncancellation, is notified or on a later date stated in the notifiable\ninstrument; or\n(b) in any other case—on the giving of the notice to the applicant\nunder subsection (1) or on a later date stated in the notice.\n\n698AA Definitions—div 11.2.5\nIn this division:\ncrystalline silica material—see section 418A (1).\nengineered stone—see section 418A (1).\n698AB Exemptions under corresponding WHS laws—work\ninvolving engineered stone\nA person conducting a business or undertaking is exempt from\ncompliance with section 418F if the work involves a type of\nengineered stone that is the subject of an exemption—\n(a) granted in relation to the type of engineered stone under a\ncorresponding WHS law; and\n(b) notified to the regulator by a corresponding regulator.\n\nLicence register Part 11.2A\n","sortOrder":651},{"sectionNumber":"698A","sectionType":"section","heading":"Licence register","content":"698A Licence register\n(1) The regulator must keep a register for the following kinds of licence:\n(a) high risk work licence;\n(b) asbestos assessor licence;\n(ba) asbestos removal licence;\n(c) major hazard facility licence.\n(2) The register must include the following:\n(a) if the licensee operates a business in relation to the licence—\n(i) the registered business name and any trading name; and\n(ii) the ABN or ACN;\n(b) the licence type and number;\n(d) the expiry date for the licence;\n(e) if the licensee has been given an infringement notice—\ninformation about the infringement notice in accordance with a\nguideline determined by the Minister.\n(3) A guideline determined by the Minister is a notifiable instrument.\n(4) The information mentioned in subsection (2) must be available for\npublic inspection.\n(5) The regulator may correct a mistake, error or omission in the register.\n\n(6) In this section:\ninfringement notice means a notice issued under the Magistrates\nCourt (Work Health and Safety Infringement Notices)\nRegulation 2011.\n\nMiscellaneous Part 11.3\n","sortOrder":652},{"sectionNumber":"699","sectionType":"section","heading":"Incident notification—prescribed serious illnesses—","content":"699 Incident notification—prescribed serious illnesses—\nAct, s 36\nFor the purposes of the Act, section 36 (What is a serious injury or\nillness—pt 3), each of the following conditions 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 waste\nproducts;\n(b) the following occupational zoonoses contracted in the course of\nwork involving handling or contact with animals, animal hides,\nskins, wool or hair, animal carcasses or animal waste products:\n(i) Q fever;\n(ii) Anthrax;\n(iii) Leptospirosis;\n(iv) Brucellosis;\n(v) Hendra Virus;\n(vi) Avian Influenza;\n(vii) Psittacosis.\n\n","sortOrder":653},{"sectionNumber":"700","sectionType":"section","heading":"Inspectors’ identity cards—Act, s 157 (1) (e)","content":"700 Inspectors’ identity cards—Act, s 157 (1) (e)\nFor the purposes of the Act, section 157 (1) (e) (Identity cards), an\nidentity card given by the regulator to an inspector must include the\n(a) a recent photograph of the inspector in the form stated by the\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":654},{"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—\nAct, s 228 (6) (a)\nFor the purposes of the Act, section 228 (6) (a) (Stays of reviewable\ndecision on internal review), the prescribed period is 90 days.\n","sortOrder":655},{"sectionNumber":"702","sectionType":"section","heading":"Confidentiality of information—exception relating to","content":"702 Confidentiality of information—exception relating to\nadministration or enforcement of other laws\nA corresponding WHS law is prescribed for the purposes of the Act,\nsection 271A (3) (b).\n\nSchedule 3 High risk work licences and\nclasses of high risk work\n(see s 81)\nTable 3.1\nitem\nScaffolding work\n1 basic scaffolding scaffolding work involving any of the following:\n(a) modular or pre-fabricated scaffolds;\n(b) cantilevered materials hoists with a maximum\nworking load of 500kg;\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 equipment,\nloads or tasks listed in item 2 (2) (a) to (g) and\nitem 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 following:\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 safety\nscreens and shutters;\n(f) mast climbing work platforms;\n(g) tube and coupler scaffolds (including tube\nand coupler covered ways and gantries);\nbut excluding scaffolding work involving\nequipment, loads or tasks listed in item 3 (2) (a)\nto (c)\n\nitem\n3 advanced scaffolding (1) scaffolding work included in the class of\nintermediate scaffolding; and\n(2) scaffolding work involving any of the following:\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) pre-cast concrete members of a structure;\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 equipment,\nloads or tasks listed in item 6 (b) to (f) and\nitem 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 excavators;\n(d) tilt slabs;\n(e) demolition of structures or plant;\n(f) dual lifts;\nbut excluding rigging work involving equipment listed\nin item 7 (b) to (e)\n\nitem\n7 advanced rigging rigging work involving any of the following:\n(a) rigging work in the class intermediate rigging;\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 hung 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 metre tonnes or more, including the application of\n14 non-slewing mobile\n\nitem\n15 slewing mobile\nup to 20t\nuse of a slewing mobile crane with a capacity of 20t or\nless\n16 slewing mobile\nup to 60t\nuse of a slewing mobile crane with a capacity of 60t or\nless\n17 slewing mobile\nup to 100t\nuse of a slewing mobile crane with a capacity of 100t\nor less\n\nitem\n18 slewing mobile\nover 100t\nuse of a slewing mobile crane with a capacity\nexceeding 100t\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 the\nlength of the boom is 11m or more\n22 concrete placing boom use of a concrete placing boom\nReach stackers\n23 reach stacker operation of a reach stacker of greater than 3t capacity\nthat incorporates an attachment for lifting, moving and\ntravelling with a shipping container, but does not\ninclude 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 does\nnot have a pre-heater, superheater or economiser\nattached\n\nitem\n27 advanced boiler\noperation of a boiler, including a standard boiler,\nwhich may have 1 or more of the following:\n(a) multiple fuel sources;\n(b) pre-heater;\n(c) superheater;\n(d) economiser\n28 steam turbine operation operation of a steam turbine that has an output of\n500kWs or more and—\n(a) is multi-wheeled; or\n(b) is capable of a speed greater than 3 600\nrevolutions per minute; or\n(c) has attached condensers; or\n(d) has a multi-staged heat exchange extraction\n29 reciprocating steam\nengine\noperation of a reciprocating steam engine where the\ndiameter of any piston exceeds 250mm\n\nSection 3.1\n3.1 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-type\nelevating work platform to the floor of the platform, with the\nplatform 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\nSchedule 4 High risk work licences—competency requirements\nSchedule 4 High risk work licences—\ncompetency requirements\n(see s 81)\n4.1 Purpose—sch 4\nThis schedule sets out the qualifications for high risk work licences.\nTable 4.1\nitem\n1 basic scaffolding licence to erect, alter and dismantle scaffolding basic\nlevel\n2 intermediate\nscaffolding\nlicence to erect, alter and dismantle scaffolding basic\nlevel; and\nintermediate level\n3 advanced scaffolding licence to erect, alter and dismantle scaffolding basic\nlevel; 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\n\nHigh risk work licences—competency requirements Schedule 4\nitem\n8 tower crane licence to operate a tower crane\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 (capacity\n10 metre tonnes and above)\n14 non-slewing mobile\nlicence to operate a non-slewing mobile crane (greater\nthan 3t capacity)\n15 slewing mobile\nup to 20t\nlicence to operate a slewing mobile crane (up to 20t)\n16 slewing mobile\nup to 60t\nlicence to operate a slewing mobile crane (up to 60t)\n17 slewing mobile\nup to 100t\nlicence to operate a slewing mobile crane (up to 100t)\n18 slewing mobile\nover 100t\nlicence to operate a slewing mobile crane (over 100t)\n19 materials hoist licence to operate a materials hoist\n20 personnel and\nmaterials hoist\nlicence to operate a personnel and materials hoist\n21 boom-type elevating\nwork platform\nlicence to operate a boom-type elevating work\nplatform (boom length 11m or more)\n22 concrete placing boom licence to operate a concrete placing boom\n23 reach stacker licence to operate a reach stacker of greater than 3t\ncapacity\n\nSchedule 4 High risk work licences—competency requirements\nitem\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 operation licence to operate a steam turbine\n29 reciprocating steam\nengine operation\nlicence to operate a reciprocating steam engine\n\nPlant requiring registration of design Part 5.1\nSection 5.1\nSchedule 5 Registration of plant and plant\n(see s 243 and s 246)\nPart 5.1 Plant requiring registration of\ndesign\n5.1 Items of plant requiring registration of design\n Pressure equipment, other than pressure piping, and categorised as\nhazard level A, B, C or D according to the criteria in A 4343:2014\n(Pressure equipment—Hazard levels), section 2.1.\nNote AS 4343:2014 does not need to be notified under the Legislation Act\n Gas cylinders covered by AS 2030.1:2009 (Gas cylinders—General\nRequirements), section 1.1\nNote AS 2030.1:2009 does not need to be notified under the Legislation Act\n ower cranes including self-erecting tower cranes.\n Lifts, escalators and moving walkways.\n Building maintenance units.\n Hoists with a platform movement exceeding 2.4m, designed to lift\npeople.\n Work boxes designed to be suspended from cranes.\n\nSchedule 5 Registration of plant and plant designs\nPart 5.1 Plant requiring registration of design\nSection 5.2\n Amusement devices classified by AS 3533.1:2009 (Amusement rides\nand devices—Design and construction), section 2.1, except devices\nstated in this schedule, section 5.2 (2).\nNote AS 3533.1:2009 does not need to be notified under the Legislation Act\n5.1.8A Passenger ropeways.\n5.1.9 Concrete placing booms.\n5.1.10 Prefabricated scaffolding.\n Boom-type elevating work platforms.\n Gantry cranes with a safe working load greater than 5t or bridge\ncranes with a safe working load of greater than 10t, and any gantry\ncrane or bridge crane which is designed to handle molten metal or\nSchedule 11 hazardous chemicals.\n Vehicle hoists.\n Mast climbing work platforms.\n Mobile cranes with a rated capacity of greater than 10t.\n5.2 Exceptions\n(1) The items of plant listed in this schedule, section 5.1 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); or\nNote 1 See paragraph A3 of AS/NZS 1200:2015, Appendix A.\nNote 2 AS/NZS 1200:2015 does not need to be notified under the\n(b) a crane or hoist that is manually powered; or\n\nPlant requiring registration of design Part 5.1\nSection 5.2\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.\n(2) The following devices are excluded from subsection 5.1.8:\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 3m or more.\n\nSchedule 5 Registration of plant and plant designs\nPart 5.2 Items of plant requiring registration\nSection 5.3\nPart 5.2 Items of plant requiring\nregistration\n5.3 Items of plant requiring registration\n5.3.1 Boilers categorised as hazard level A, B or C according to criteria in\nAS 4343:2014 (Pressure equipment—Hazard levels), section 2.1.\n5.3.2 Pressure vessels categorised as hazard level A, B or C according to\nthe criteria in AS 4343:2014 (Pressure equipment—Hazard levels),\nsection 2.1, except—\n(a) gas cylinders; and\n(b) LP Gas fuel vessels for automotive use; and\n(c) serially produced vessels.\n5.3.3 Tower cranes including self-erecting tower cranes.\n5.3.4 Lifts, escalators and moving walkways.\n5.3.5 Building maintenance units.\n5.3.6 Amusement devices classified by AS 3533.1:2009 (Amusement rides\nand devices—Design and construction), section 2.1, except devices\nstated in this schedule, section 5.4 (2).\n5.3.7 Concrete placing booms.\n5.3.8 Mobile cranes with a rated capacity of greater than 10t.\n\nItems of plant requiring registration Part 5.2\nSection 5.4\n5.4 Exceptions\n(1) The items of plant listed in this schedule, section 5.3 do not include—\n(a) any pressure equipment (other than a gas cylinder) excluded\nfrom the scope of AS/NZS 1200:2015 (Pressure equipment); or\nNote 1 See paragraph A3 of AS/NZS 1200:2015, Appendix A.\nNote 2 AS/NZS 1200:2015 does not need to be notified under the\n(b) a crane or hoist that is manually powered; or\n(c) a reach stacker.\n(2) The following devices are excluded from this schedule,\nsubsection 5.3.6:\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 3m or more.\n\n(see dictionary, def of GHS)\n6.1 Purpose of this schedule\nThe tables in this schedule replace some of the tables in the GHS.\nTable 6.1 Classification of mixtures containing respiratory or skin sensitisers\nCut-off values/concentration limits of ingredients of a mixture classified as either\na respiratory sensitiser or a skin sensitiser that would trigger classification of the\nmixture.\nitem\nskin sensitiser\nrespiratory sensitiser\nall physical\nstates\nsolid gas\n1 skin sensitiser\n≥ 1.0%\n2 skin sensitiser\nsubcategory 1A\n≥ 0.1%\n3 skin sensitiser\nsubcategory 1B\n≥ 1.0%\n4 respiratory sensitiser\n≥ 1.0% ≥ 0.2%\n5 respiratory sensitiser\nsubcategory 1A\n≥ 0.1% ≥ 0.1%\n\nClassification of mixtures Schedule 6\nitem\n6 respiratory sensitiser\nsubcategory 1B\n≥ 1.0% ≥ 0.2%\nNote Table 6.1 replaces table 3.4.5 in—\n(a) the GHS, p 159; and\n(b) the GHS 3, p 151.\nTable 6.2 Classification of mixtures containing carcinogens\ncarcinogen that would trigger classification of the mixture.\nitem\ncategory 1 carcinogen category 2 carcinogen\n1 category 1 carcinogen ≥ 0.1%\n2 category 2 carcinogen ≥ 1.0%\nNote 1 The concentration limits in table 6.2 apply to solids and liquids\nNote 2 Table 6.2 replaces table 3.6.1 in—\n(a) the GHS, p 174; and\n(b) the GHS 3, p 166.\n\nTable 6.3 Classification of mixtures containing reproductive toxicants\nreproductive toxicant or for effects on or via lactation that would trigger\nclassification of the mixture.\nitem\nadditional\ncategory for effects\non or via lactation\n1 category 1\n≥ 0.3%\n2 category 2\n≥ 3.0%\n3 additional\ncategory for\neffects on or via\nlactation\n≥ 0.3%\nNote 1 The concentration limits in table 6.3 apply to solids and liquids\nNote 2 Table 6.3 replaces table 3.7.1 in—\n(a) the GHS, p 187; and\n(b) the GHS 3, p 180.\n\nClassification of mixtures Schedule 6\nTable 6.4 Classification of mixtures containing specific target organ toxicants\n(single exposure)\nspecific target organ toxicant that would trigger classification of the mixture.\nitem\ncategory 1 category 2\n1 category 1 specific\nconcentration ≥ 10% 1.0% ≤ concentration < 10%\n2 category 2 specific\nconcentration ≥ 10%\nNote 1 The concentration limits in table 6.4 apply to solids and liquids\nNote 2 Table 6.4 replaces table 3.8.2 in—\n(a) the GHS, p 197; and\n(b) the GHS 3, p 192.\n\nTable 6.5 Classification of mixtures containing specific target organ toxicants\n(repeated exposure)\nspecific target organ toxicant that would trigger classification of the mixture.\nitem\ncategory 1 category 2\n1 category 1 specific\nconcentration ≥ 10% 1.0% ≤ concentration < 10%\n2 category 2 specific\nconcentration ≥ 10%\nNote 1 The concentration limits in table 6.5 apply to solids and liquids\nNote 2 Table 6.5 replaces table 3.9.3 in—\n(a) the GHS, p 207; and\n(b) the GHS 3, p 203.\n\nSafety data sheets Schedule 7\nSection 7.1\nSchedule 7 Safety data sheets\n(see s 330 and s 331)\n7.1 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(Cwlth); and\nNote The National Measurement Act 1960 (Cwlth) does not need to be\n(b) state the date it was last reviewed or, if it has not been reviewed,\nthe 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\nemergency; and\n(e) be in English.\n(2) A safety data sheet for a hazardous chemical must state the following\ninformation 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 (Disclosure of ingredients in safety\ndata sheet);\n\nSchedule 7 Safety data sheets\nSection 7.2\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(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 order\nset out in subsection (2).\nNote Section 330 and s 331 provide that s 7.2 will apply instead of s 7.1 in\ncertain cases.\n7.2 Safety data sheets—research chemical, waste product or\nsample for analysis\nFor the purposes of section 331 (Safety data sheets—research\nchemical, waste product or sample for analysis), a safety data sheet\nfor a hazardous chemical that is a research chemical, waste product\nor sample for analysis must—\n(a) be in English; and\n\nSafety data sheets Schedule 7\nSection 7.2\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\nchemical; and\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(f) state any precautions that a person using, handling or storing the\nchemical must take to the extent that the precautions have been\nidentified.\n\nSchedule 8 Disclosure of ingredients in safety data sheet\nSection 8.1\nSchedule 8 Disclosure of ingredients in\nsafety data sheet\n(see sch 7, s 7.1 (2) (c))\n8.1 Purpose of this schedule\nThis schedule sets out the way in which the ingredients of a hazardous\nchemical must be disclosed in section 3 of a safety data sheet prepared\nunder this regulation.\nNote See sch 7, s 7.1 (2) (c).\n8.2 Identity of ingredients to be disclosed\n(1) This section applies if an ingredient in a hazardous chemical causes\nthe correct classification of the chemical to include a GHS hazard\nclass and GHS hazard category referred to in table 8.2.\n(2) The identity of the ingredient must be disclosed in English on the\nlabel and safety data sheet of the hazardous chemical.\nTable 8.2\nitem\nGHS hazard class\nGHS hazard category\n1 acute toxicity—oral category 1\n2 acute toxicity—dermal category 1\n3 acute toxicity—\ninhalation\n\nDisclosure of ingredients in safety data sheet Schedule 8\nSection 8.2\nitem\nGHS hazard class\nGHS hazard category\n4 respiratory sensitiser category 1\n5 skin sensitiser category 1\n6 mutagenicity category 1A\n7 carcinogenicity category 1A\n8 toxic to reproduction category 1A\nadditional category for effects on or via lactation\n9 target organ toxicity—\nsingle exposure\n10 target organ toxicity—\nsingle exposure\n11 aspiration hazards category 1\n12 skin corrosion or\nirritation\ncategory 1A\ncategory 1C\n13 serious eye damage or\neye irritation\n\nSchedule 8 Disclosure of ingredients in safety data sheet\nSection 8.3\n8.3 Generic names used to disclose identity of ingredients\n(1) This section applies if an ingredient of a hazardous chemical must be\ndisclosed under section 8.2.\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 hazard\ncategory referred to in table 8.3; and\n(ii) the ingredient does not cause the correct classification of\nthe hazardous chemical to include any other hazard class\nand hazard category in table 8.2; 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 8.3\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)\n\nDisclosure of ingredients in safety data sheet Schedule 8\nSection 8.4\n8.4 Disclosing proportions of ingredients\n(1) This section applies if an ingredient of a hazardous chemical must be\ndisclosed under section 8.2.\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, expressed\nas a percentage by weight or volume; or\n(b) if the exact proportion of the ingredient is commercially\nconfidential—as 1 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\nPart 9.1 Correct classification\nSection 9.1\n","sortOrder":656},{"sectionNumber":"Sch 9","sectionType":"schedule","heading":"Classification, packaging and","content":"Schedule 9 Classification, packaging and\nlabelling requirements\n(see s 329, s 334 and s 335)\nPart 9.1 Correct classification\n9.1 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 is\nmade about whether the substance or mixture can be classified into a\nhazard class under the GHS including a mixture classification\nreferred to in schedule 6 (Classification of mixtures).\nNote The sch 6 tables replace some tables in the GHS.\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 mixture\ncan be classified into a hazard class under the GHS.\n(3) An article that contains a substance or mixture that may be released\nduring the use, handling or storage of the article is correctly classified\nif the substance or mixture is correctly classified.\n\nCorrect packing Part 9.2\nSection 9.2\nPart 9.2 Correct packing\n9.2 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(d) does not usually contain food or beverages and cannot be\nmistakenly identified as containing food or beverages.\n(2) Despite subsection (1), a hazardous chemical supplied by a retailer to\na 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 hazardous\nchemical stored in bulk; and\n(ii) complies with the ADG Code; and\n(b) in any other case—the container—\n(i) has a capacity that does not exceed the capacity stated for\na hazardous chemical stored in bulk; and\n(ii) is clearly marked with the product identifier or chemical\nidentity; and\n(iii) complies with subsection (1) (a) to (d).\n\nSection 9.3\nNote More than 1 section of this part may apply to a hazardous chemical\ndepending on the nature of the hazardous chemical, its container and\nother matters.\n9.3 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 proportion\ndisclosed in accordance with schedule 8 (Disclosure of\ningredients in safety data sheet);\n(d) any hazard pictogram consistent with the correct classification\nof the chemical;\n(e) any hazard statement, signal word and precautionary statement\nconsistent with the correct classification of the chemical;\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 contradict\nor cast doubt on the matters referred to in subsection (1).\n(3) This section is subject to section 9.4 to section 9.10.\n\nCorrect labelling Part 9.3\nSection 9.4\n9.4 Labelling hazardous chemicals—small container\n(1) This section applies if a hazardous chemical is packed in a container\nthat is too small for a label attached to it to include all the information\nreferred to in section 9.3 (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 section 9.3 (1) that it is\nreasonably practicable to include.\n9.5 Labelling hazardous chemicals—research chemicals or\nsamples for analysis\n(1) This section applies to a hazardous chemical that is a research\nchemical or sample for analysis.\n\nSection 9.6\n9.6 Labelling hazardous chemicals—decanted or transferred\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.\n9.7 Labelling hazardous chemicals—known hazards\n(1) This section 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\nCorrect labelling Part 9.3\nSection 9.8\n9.8 Labelling hazardous chemicals—waste products\n(1) This section 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\n9.9 Labelling hazardous chemicals—explosives\n(1) This section applies to a hazardous chemical that may be classified in\nthe explosives hazard class.\npacked in a container that has a label in English that—\n(a) complies with the Australian Explosives Code; and\n(b) includes the following:\n(i) the proper shipping name and UN number;\n(ii) any hazard pictogram consistent with the correct\nclassification of the chemical in relation to health hazards;\n(iii) any hazard statement consistent with the correct\nclassification of the chemical in relation to health hazards;\n(iv) any precautionary statement consistent with the correct\nclassification of the chemical in relation to health hazards.\n\nSection 9.10\nAustralian Explosives Code means the Australian Code for the\nTransport of Explosives by Road and Rail, 3rd edition, published by\nthe Commonwealth, as in force from time to time.\nNote The Australian Code for the Transport of Explosives by Road and Rail,\n3rd edition does not need to be notified under the Legislation Act because\ns 47 (6) does not apply (see s 15 and Legislation Act, s 47 (7)). The Code\nis available at www.safeworkaustralia.gov.au.\n9.10 Labelling hazardous chemicals—agricultural and\nveterinary chemicals\n(1) A hazardous chemical that is an agricultural or veterinary chemical is\ncorrectly labelled if—\n(a) the chemical is labelled in accordance with the requirements of\nthe Australian Pesticides and Veterinary Medicines Authority;\nand\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.\nagricultural or veterinary chemical means an agricultural chemical\nproduct or veterinary chemical product under the Agvet Code.\n\nSchedule 10\nSchedule 10 Prohibited carcinogens,\nrestricted carcinogens and\nrestricted hazardous chemicals\n(see s 340 and s 380 to s 384)\nNote The prohibition of the use of carcinogens listed in table 10.1, column 2\nand the restriction of the use of carcinogens listed in table 10.2, column 2\napply to the pure substance and where the substance is present in a\nmixture at a concentration 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]\n","sortOrder":657},{"sectionNumber":"4","sectionType":"section","heading":"Benzidine [92-87-5] and its salts (including benzidine dihydrochloride","content":"4 Benzidine [92-87-5] and its salts (including benzidine dihydrochloride\n[531-85-1])\n5 bis(Chloromethyl) ether [542-88-1]\n","sortOrder":658},{"sectionNumber":"6","sectionType":"section","heading":"Chloromethyl methyl ether [107-30-2] (technical grade which contains","content":"6 Chloromethyl methyl ether [107-30-2] (technical grade which contains\nbis(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]\n\nSchedule 10 Prohibited carcinogens, restricted carcinogens and restricted hazardous\nTable 10.2 Restricted carcinogens\nitem\n[CAS number]\n1 acrylonitrile [107-13-1] all\n2 benzene [71-43-2] all uses involving benzene as a feedstock\ncontaining more than 50% of benzene by volume\n3 cyclophosphamide\n[50-18-0]\nwhen used in preparation for therapeutic use in\nhospitals and oncological treatment facilities, and\nin manufacturing operations\n4 3,3'-Dichlorobenzidine\n[91-94-1] and its salts\n(including 3,3'-\nDichlorobenzidine\ndihydrochloride\n[612-83-9])\nall\n5 diethyl sulfate [64-67-5] all\n6 dimethyl sulfate\n[77-78-1]\nall\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\nSchedule 10\nTable 10.3 Restricted hazardous chemicals\nitem\nrestricted hazardous\nchemical\n1 antimony and its\n0.1% as antimony\n2 arsenic and its\n0.1% as arsenic\n3 benzene (benzol), if the\nsubstance contains\nmore than 1% by\nvolume\n4 beryllium and its\n0.1% as beryllium\n5 cadmium and its\n0.1% as cadmium\n6 carbon disulphide\n(carbon bisulphide)\n7 chromate for wet abrasive blasting\n8 chromium and its\n0.5% (except as specified for wet blasting) as\nchromium\n9 cobalt and its\n0.1% as cobalt\n10 free silica (crystalline\nsilicon dioxide)\n1%\n11 lead and compounds for abrasive blasting at a concentration of greater than\n0.1% as lead or which would expose the operator to\nlevels in excess of those set in the sections covering\nlead\n12 lead carbonate for spray painting\n\nSchedule 10 Prohibited carcinogens, restricted carcinogens and restricted hazardous\nitem\nrestricted hazardous\nchemical\n13 methanol (methyl\nalcohol), if the\nsubstance contains\nmore than 1% by\nvolume\n14 nickel and its\n0.1% as nickel\n15 nitrates for wet abrasive blasting\n16 nitrites for wet abrasive blasting\n17 radioactive substance\nof any kind where the\nlevel of radiation\nexceeds 1 Bq/g\nfor abrasive blasting, so far as is reasonably\npracticable\n18 tetrachloroethane for spray painting\n19 tetrachloromethane\n(carbon tetrachloride)\n20 tin and its compounds for abrasive blasting at a concentration of greater than\n0.1% as tin\n21 tributyl tin for spray painting\nNote Section 382 deals with polychlorinated biphenyls (PCBs).\n\nSchedule 11 Placard and manifest\nquantities\n(see s 347 to s 350, s 361, s 390 and s 391)\nTable 11.1\n1 flammable gases category 1A or 1B or\na combination of the\ncategories\n200L 5 000L\n2 gases under pressure with acute toxicity,\ncategories 1, 2, 3 or\n50L 500L\n3 with skin corrosion\ncategories 1A, 1B or\n1C\n50L 500L\n4 not specified\nelsewhere in this\ntable\n1 000L 10 000L\n5 flammable liquids category 1 50L 500L\n6 category 2 250L 2 500L\n7 category 3 1 000L 10 000L\n8 any combination of\nitems 5 to 7 where\n1 000L 10 000L\n9 category 4 10 000L 100 000L\n\n10 self-reactive\ntype A 5kg or 5L 50kg or 50L\n11 type B 50kg or 50L 500kg or 500L\n12 type C to F 250kg or\n250L\n13 flammable solids category 1 250kg 2 500kg\n14 category 2 1 000kg 10 000kg\n15 any combination of\nitems 11 to 14 where\n16 pyrophoric liquids\nand pyrophoric solids\n17 self-heating\nsubstances and\nmixtures\ncategory 1 250kg\nor 250L\n18 category 2 1 000kg or\n19 any combination of\nitems 16 to 18 where\n\n20 substances which in\ncontact with water\nemit flammable gas\n21 category 2 250kg or\n250L\n22 category 3 1 000kg or\n23 any combination of\nitems 20 to 22 where\n24 oxidising liquids and\noxidising solids\n25 category 2 250kg or\n250L\n26 category 3 1 000kg or\n27 any combination of\nitems 24 to 26 where\n\n28 organic peroxides type A 5kg or 5L 50kg or 50L\n29 type B 50kg or 50L 500kg or 500L\n30 type C to F 250kg or\n250L\n31 any combination of\nitems 29 and 30\nwhere none of the\nitems exceeds the\n250kg or\n250L\n32 acute toxicity category 1 50kg or 50L 500kg or 500L\n33 category 2 250kg or\n250L\n34 category 3 1 000kg or\n35 any combination of\nitems 32 to 34 where\n36 skin corrosion category 1A 50kg or 50L 500kg or 500L\n37 category 1B 250kg or\n250L\n38 category 1C 1 000kg or\n39 corrosive to metals category 1 1 000kg or\n\n40 any combination of\nitems 36 to 39 where\n41 unstable explosives 5kg or 5L 50kg or 50L\n42 unstable chemicals any combination of\nitem 10, item 28 and\nitem 41 where none\nof the items exceeds\nthe quantities in\ncolumns 4 or 5 on\ntheir own\n5kg or 5L 50kg or 50L\n43 aerosols category 1, 2 or 3 or\nany combination of\ncategories 1, 2 or 3\n5 000L 10 000L\nNote 1 In item 2, gases under pressure with acute toxicity, category 4 only\napplies up to a LC50 of 5 000 ppmV. This is equivalent to dangerous\ngoods assigned as class 2, div 2.3 (Toxic gases) in the ADG Code.\nNote 2 Item 43 includes flammable aerosols.\n\nSection 11.1\n11.1 Determination of classification of flammable liquids\nFor the purposes of this table, if a flammable liquid category 4 is used,\nhandled or stored in the same spill compound as 1 or more flammable\nliquids of categories 1, 2 or 3, the total quantity of flammable liquids\ncategories 1, 2 or 3 must be determined as if the flammable liquid\ncategory 4 had the same classification as the flammable liquid in the\nspill compound with the lowest flash point.\nFor placarding and manifest purposes, a spill compound containing 1 000L of\nflammable liquid category 1 and 1 000L of flammable liquid category 4 is\nconsidered to contain 2 000L of flammable liquid category 1.\n\nSection 12.1\n(see s 347 (2))\n12.1 Manifest—general information\nThe manifest of hazardous chemicals must include—\n(a) the name of the person conducting the business or undertaking;\nand\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 incident\n12.2 Manifest—bulk storage and containers\n(1) This section applies if a hazardous chemical is stored at a workplace\nin bulk or in a container.\n(2) For each hazardous chemical stored in bulk other than in a container,\nthe 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.\nNote Fire risk hazardous chemical—see the dictionary.\n\nSection 12.3\n12.3 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 the ADG Code,\ntable 3.2.3 for the chemical; and\n(ii) the UN number as stated in the ADG Code, table 3.2.3 for\nthe hazardous chemical; and\n(iii) the class and division of the hazardous chemical as stated\nin the ADG Code, table 3.2.3; 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\nADG Code, Appendix A; and\n(ii) the words ‘goods too dangerous to be transported’.\n\nSection 12.4\n12.4 Manifest—storage area for packaged hazardous\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 this regulation to have a placard; and\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(b) for hazardous chemicals with an assigned class specified in the\nADG Code, table 3.2.3—the largest quantity of each class of\nhazardous chemicals likely to be kept in the storage area; 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 the ADG Code, table 3.2.3; and\n(ii) the class to which the hazardous chemical is assigned as\nspecified in the ADG Code, table 3.2.3; and\n(iii) the largest quantity of the hazardous chemical likely to be\nkept 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\nSection 12.4\n(iii) the largest quantity of the hazardous chemical likely to be\nkept in the storage area; and\n(e) for hazardous chemicals with an assigned class specified in the\nADG Code, table 3.2.3—the class to which the hazardous\nchemical is assigned; and\n(f) for flammable liquids category 4—the words ‘combustible\nliquid’.\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(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 or\nskin corrosion categories 1A, 1B or 1C.\n\nSection 12.5\n12.5 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.\n12.6 Manifest—hazardous chemicals in transit\n(1) This section 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 that\ncomply with the ADG Code.\n(2) The person conducting a business or undertaking at the workplace is\ntaken to comply with section 12.4 (Manifest—storage area for\npackaged hazardous chemicals) and section 12.5 in relation to the\nhazardous chemicals if the manifest includes a compilation of the\ntransport documents.\n\nSection 12.7\n12.7 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(ii) storage areas for packaged hazardous chemicals and IBCs;\nand\n(iii) each area where hazardous chemicals are manufactured or\ngenerated; 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 the\nidentification numbers and codes, for the things referred to in\nparagraph (a); and\n(d) shows the location of—\n(i) the main entrance and other places of entry to and exit from\nthe workplace; and\n(ii) essential site services, including fire services and isolation\npoints 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\nSection 13.1\n(see s 349 (2) and s 350 (2))\n13.1 Displaying placards\na hazardous chemical.\n(2) The person must ensure that the placard is—\n(a) clearly legible by a person approaching the placard; and\n(b) separate from any other sign or writing that contradicts, qualifies\nor distracts attention from the placard; and\n(c) if a placard quantity of the hazardous chemical is contained in a\nbuilding—\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 outside\nstorage area—located next to the container or outside storage\narea; and\n(e) for a placard to which section 13.3 (Outer warning placards—\nrequirements) applies—located at each entrance to the\nworkplace where an emergency service organisation may enter\nthe workplace; and\n\nSection 13.2\n(f) for a placard to which section 13.4 (Placards for particular\nhazardous chemicals stored in bulk) applies—located on or next\nto each container or storage area in which the hazardous\nchemicals are stored; and\n(g) for a placard to which section 13.6 (Placards for packaged\nSchedule 11 hazardous chemicals (other than flammable liquids\ncategory 4) and IBCs) applies—located at each entrance to a\nstorage area in which the hazardous chemicals are stored.\n13.2 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, handled\nor 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.\n13.3 Outer warning placards—requirements\nat a workplace must display an outer warning placard at the\nworkplace in relation to a hazardous chemical.\nNote Section 349 sets out when an outer warning placard is required to be\ndisplayed, and states that 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\n(b) display the word ‘HAZCHEM’ in red letters on a white or silver\nbackground.\n600 mm\nFigure 13.1 Form and dimensions of outer warning placard\nred means the colour ‘signal red’ in accordance with\nAS 2700S-2011 (R13) (Colour standards for general purposes—\nsignal red).\nNote AS 2700S-2011 (R13) does not need to be notified under the\n13.4 Placards for particular hazardous chemicals stored in\nbulk\nthe storage in bulk of any of the following hazardous chemicals:\n(a) gases under pressure, including flammable gases and flammable\naerosols;\n(b) flammable liquids category 1, 2 or 3;\n(c) flammable solids category 1 or 2, self-reactive substances types\nB to F, self-heating substances category 1 or 2 or substances\nthat, 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\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 subsection (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 the ADG Code, Table 3.2.3;\n(b) in space (q)—the UN Number for the hazardous chemical as\nspecified in the ADG Code, Table 3.2.3;\n(c) in space (r)—the Hazchem Code for the hazardous chemical as\nspecified in the ADG Code, Table 3.2.3;\n(d) in space (s)—the class label and subsidiary risk label for the\nhazardous chemical as specified in the ADG Code, Table 3.2.3.\n\nFigure 13.2 Template for a placard for a hazardous chemical\nstored in bulk\n(4) For subsection (3) (a) to (c), the numerals and letters used for\nshowing the proper shipping name, UN number and Hazchem Code\nmust be—\n(a) black on a white background, unless a letter of the\nHazchem Code is white on a black background; and\n(b) if the proper shipping name requires a single line only—at least\n100mm high; and\n(c) if the proper shipping name requires 2 lines—at least 50mm\nhigh.\n(5) For subsection (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\nchemical; and10 mm 10 mm 10 mm\n(q)\n(s)(p)\n(r)HAZCHEM\nUN No.\n10 mm\n380 mm 390 mm\n10 mm 10 mm5 mm\n135 mm 120 mm 120 mm\n800 mm\n200 mm\n250 mm\n150 mm\nClass\nLabel\nSubsidiary\nRisk Label\n\nSection 13.5\n(b) the class label must have—\n(i) if there is a subsidiary risk label—sides of not less than\n200mm; or\n(ii) in any other case—sides of not less than 250mm; and\n(c) if there is a subsidiary risk label—the subsidiary risk label must\nhave sides of not less than 150mm; 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.\n13.5 Placards for unstable explosives, organic peroxides\ntype A or self-reactive substances type A stored in bulk\nunstable explosives, organic peroxides type A or self-reactive\nsubstances 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\nSection 13.5\nFigure 13.3 Label for unstable explosive, organic peroxide type A or self-reactive\nsubstance type A\n(4) For subsection (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 100mm high;\nand\n(c) if the name requires 2 lines—at least 50mm high.\n(5) For subsection (3) (d), the label must have sides of not less than\n250mm.\n\nSection 13.6\n13.6 Placards for packaged Schedule 11 hazardous chemicals\n(other than flammable liquids category 4) and IBCs\nthe 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(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 100mm.\n(3) The placard must include—\n(a) for a Schedule 11 hazardous chemical (other than\nunstable explosive, organic peroxide type A or self-reactive\nsubstance type A) present in a storage area at the workplace—\nthe class label as stated in the ADG Code for each category of\nhazardous chemicals present in at least the placard quantity; or\n\nSection 13.7\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 stated\nin 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 hazardous chemicals\n(4) If hazardous chemicals in an IBC at the workplace are Schedule 11\nhazardous chemicals intended for transport, and not intended for use\nat the workplace—\n(a) the IBC must display a placard in accordance with the\nADG Code; and\n(b) the storage area at the workplace must display a placard in\naccordance with this section.\n13.7 Placards for flammable liquids category 4 packaged or in\nbulk\nthe storage of—\n(a) a packaged flammable liquid category 4; or\n(b) a flammable liquid category 4 in bulk.100 mm min\n\nSection 13.7\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 4COMBUSTIBLE LIQUID 100 mm\nlettering\n\nRequirements for health monitoring Schedule 14\nSchedule 14 Requirements for health\nmonitoring\n(see s 368, s 370 and s 406)\nTable 14.1 Hazardous chemicals (other than lead) requiring health monitoring\nitem\n1 acrylonitrile • demographic, medical and occupational history\n2 arsenic (inorganic) • demographic, medical and occupational history\nperipheral nervous system and skin\n• urinary inorganic arsenic\n3 benzene • demographic, medical and occupational history\n• baseline blood sample for haematological profile\n4 cadmium • demographic, medical and occupational history\n• physical examination with emphasis on\nrespiratory system\n• standard respiratory questionnaire to be\ncompleted\n• standardised respiratory function tests including\nfor example, FEV1, FVC and FEV1/FVC\n• urinary cadmium and β2-microglobulin\n• health advice, including counselling on the effect\nof smoking on cadmium exposure\n\nSchedule 14 Requirements for health monitoring\nitem\n5 chromium (inorganic) • demographic, medical and occupational history\nrespiratory system and skin\n• weekly skin inspection of hands and forearms by\na competent person\n6 creosote • demographic, medical and occupational history\n• health advice, including recognition of\nphotosensitivity and skin changes\nneurological system and skin, noting any\nabnormal lesions and evidence of skin\nsensitisation\n• records of personal exposure, including\nphotosensitivity\n7 crystalline silica • demographic, medical and occupational history\n• standardised respiratory questionnaire to be\ncompleted\n• standardised respiratory function test, for\nexample, FEV1, FVC and FEV1/FVC\n• chest X-ray full size PA view\n8 isocyanates • demographic, medical and occupational history\n• completion of a standardised respiratory\nquestionnaire\n• physical examination of the respiratory system\nand skin\n• standardised respiratory function tests, for\nexample, FEV1, FVC and FEV1/FVC\n\nRequirements for health monitoring Schedule 14\nitem\n9 mercury (inorganic) • demographic, medical and occupational history\n• physical examination with emphasis on\ndermatological, gastrointestinal, neurological and\nrenal systems\n• urinary inorganic mercury\n10 4,4'-Methylene bis\n(2-chloroaniline)\n(MOCA)\n• urinary total MOCA\n• dipstick analysis of urine for haematuria\n• urine cytology\n11 organophosphate\npesticides\nincluding pattern of use\n• baseline estimation of red cell and plasma\ncholinesterase activity levels by the Ellman or\nequivalent method\n• estimation of red cell and plasma cholinesterase\nactivity towards the end of the working day on\nwhich organophosphate pesticides have been used\n12 pentachlorophenol\n(PCP)\n• physical examination with emphasis on the skin,\nnoting any abnormal lesions or effects of irritancy\n• urinary total pentachlorophenol\n• dipstick urinalysis for haematuria and proteinuria\n13 polycyclic aromatic\nhydrocarbons (PAH)\n• records of personal exposure, including\nphotosensitivity\n• health advice, including recognition of\nphotosensitivity and skin changes\n\nSchedule 14 Requirements for health monitoring\nitem\n14 thallium • demographic, medical and occupational history\n• urinary thallium\n15 vinyl chloride • demographic, medical and occupational history\nTable 14.2 Lead requiring health monitoring\nitem\ncolumn 2 column 3\n1 lead (inorganic) • demographic, medical and occupational history\n• biological monitoring\n\nSection 15.1\nSchedule 15 Hazardous chemicals at major\nhazard facilities (and their\nthreshold quantity)\n(see dict, def Schedule 15 chemical and threshold quantity)\n15.1 Definitions—sch 15\nIn this schedule:\nclass—see the ADG Code.\ndivision—see the ADG Code.\npacking group—see the ADG Code.\nsubsidiary risk—see the ADG Code.\n15.2 Relevant hazardous chemicals\nThe hazardous chemicals that characterise a workplace as a facility\nfor the purposes of this regulation are the chemicals specifically\nreferred to in table 15.6.2 and chemicals that belong to the types,\nclasses and categories referred to in table 15.6.3.\n15.3 Threshold quantity of one hazardous chemical\n(1) In relation to each hazardous chemical referred to in section 15.2,\ntable 15.6.2, column 4 and table 15.6.3, column 4 provide a quantity\nthat is described as the threshold quantity of that chemical.\n(2) If a hazardous chemical is referred to in table 15.6.2, the threshold\nquantity of the chemical is that described in table 15.6.2, whether or\nnot the chemical also belongs to a type, class or category referred to\nin table 15.6.3.\n\nSection 15.4\n(3) If a hazardous chemical is not referred to in table 15.6.2, and the\nchemical belongs to a type, class or category referred to in\ntable 15.6.3, 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 15.6.2, and the\nchemical appears to belong to more than 1 of the types, classes or\ncategories referred to in table 15.6.3, the threshold quantity of that\nchemical is that of the relevant type, class or category which has the\nlower or lowest threshold quantity.\n15.4 Threshold quantity of more than 1 hazardous chemical\nIf there is more than 1 hazardous chemical, a threshold quantity of\nchemicals exists where, if a number of chemicals are present, the\nresult of the following aggregation formula exceeds 1:\nWhere—\n(a) x, y, [....] and n are the hazardous chemicals present or likely to\nbe present;\n(b) qx, qy, [....] and qn is the total quantity of hazardous chemicals\nx, y, [....] and n present or likely to be present, other than—\n(i) a hazardous chemical that is present or likely to be present\nin an isolated quantity of less than 2% of its threshold\nquantity; or\n(ii) hazardous chemicals that are solely the subject of\nintermediate temporary storage, while in transit by road or\nrail (unless it is reasonably foreseeable that, despite the\ntransitory nature of the storage, hazardous chemicals are,\nor are likely to be present frequently or in significant\nquantities);[....]\nx y n\nx y n\nq q q\nQ Q Q\n+ + +\n\nSection 15.5\n(c) Qx, Qy, [....] and Qn is the individual threshold quantity for each\nhazardous chemical x, y, [....] and n;\n(d) a hazardous chemical is present or likely to be present in an\nisolated quantity, for the purposes of paragraph (b) (i), if its\nlocation at the facility is such that it cannot, on its own, act as an\ninitiator of a major incident.\n15.5 How table 15.6.2 must be used\n(1) The UN number listed in table 15.6.2 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.\n1 The hazardous chemicals are too dangerous to be transported.\n2 The hazardous chemicals are part of mixtures covered by a different\nUN number.\n(2) Any hazardous chemicals that are covered by the listed UN numbers\nmust be included in the quantity of the chemical named.\n15.6 How table 15.6.3 must be used\n(1) The quantities specified for explosives in table 15.6.3 relate to the\nweight of explosive exclusive of packagings, casings and other non-\nexplosive components.\n(2) If explosives of different hazard divisions are present in the same area\nor storage, all of the explosives must, before table 15.6.3 is applied,\nbe classified in accordance with table 15.6.1.\n\nTable 15.6.1\nDiv.\n1.1\n1.2\n1.3\ncolumn 5\n1.4\ncolumn 6\n1.5\ncolumn 7\n1.6\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 15.6.2\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,\nliquefied or ammonia\nsolutions, relative density\nless than 0.880 at 15°C in\nwater, with more than 50%\nammonia\n1005 200\n8 ammonium nitrate\nfertilisers\n\nitem\n9 ammonium nitrate, with\nnot more than 0.2%\ncombustible substances,\nincluding any organic\nsubstance calculated as\ncarbon, to the exclusion of\nany other added substance\n1942 2500\n10 arsenic pentoxide,\narsenic (V) acid and other\nsalts\n1559 10\n11 arsenic trioxide,\narsenious (III) acid and\nother salts\n1561 01\n12 arsine 2188 1·0\n13 bromine or bromine\nsolutions\n1744 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\n\nitem\n25 hydrogen chloride\n—anhydrous\n—refrigerated liquid\n26 hydrogen cyanide 1051\n27 hydrogen fluoride 1052 50\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,\nincluding nitrous oxide,\nnitrogen dioxide and\nnitrogen trioxide\n34 oxygen 1072\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\n\nitem\n41 sulfuric anhydride\n(alt. sulfur trioxide)\n1829 75\n42 titanium tetrachloride 1838 500\n43 toluene diisocyanate 2078 200\nTable 15.6.3\nitem\n1 explosive materials explosive of\ndivision 1.1a\nall other explosives of\ndivision 1.1\nexplosive of\ndivision 1.2\nexplosive of\ndivision 1.3\n2 compressed and\nliquefied gases\nliquefied gases of\ndivision 2.1 or\nsubsidiary risk 2.1\nliquefied gases of\nsubsidiary risk 5\nliquefied gases that\nvery toxic in\ntable 15.6.4\nliquefied gases that\ntoxic in table 15.6.4\n\nitem\n3 flammable materials liquids that meet the\nmaterials (except for\ncrude oil in remote\nlocations)\ncrude oil in remote\nlocations that meet the\n2 000\nliquids that meet the\npacking group II or III\n50 000\nliquids with flash\npoints <61°C kept\nabove their boiling\npoints at ambient\nconditions\nmaterials that meet the\ncriteria for division 4.1\nspontaneously\ncombustible materials\nthat meet the criteria\nfor division 4.2\npacking group I or II\nmaterials that liberate\nflammable gases or\nreact violently on\ncontact with water\nwhich meet the criteria\nfor division 4.3\npacking group I or II\n\nitem\nmaterials that belong to\nclasses 3 or 8 packing\ngroup I or II which\nhave Hazchem codes\nof 4WE (materials that\nreact violently with\nwater)\n4 oxidising materials oxidising material\nlisted in Appendix A to\nthe ADG Code\noxidising materials that\ndivision 5.1 packing\ngroup I or II\n5 peroxides peroxides that are\nlisted in Appendix A to\nthe ADG Code\norganic peroxides that\ndivision 5.2\n6 toxic solids and liquids materials that meet the\ncriteria for very toxic\nin table 15.6.4 except\nmaterials that are\nclassified as infectious\n(division 6.2) or as\nradioactive (class 7)\nmaterials that meet the\ncriteria for toxic in\ntable 15.6.4\n\nTable 15.6.4\noral 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\n1 in rats\n2 in rats or rabbits\n3 4 hours in rats\n\nMatters to be included in emergency plan for major hazard facility Schedule 16\nSection 16.1\nSchedule 16 Matters to be included in\nemergency plan for major\n(see s 557 (1) (b))\n16.1 Site and hazard detail\n16.1.1 The location of the facility, including its street address and the nearest\nintersection (if any).\nNote Sufficient detail must be provided to enable a person not familiar with the\nsite to find it.\n16.1.2 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 hazardous\nchemical 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.\n16.1.3 An inventory of all hazardous chemicals present or likely to be\npresent at the facility, and their location.\n16.1.4 A brief description of the nature of the facility and its operation.\n16.1.5 The maximum number of persons, including workers, likely to be\npresent at the facility on a normal working day.\n16.1.6 The emergency planning assumptions, including emergency\nmeasures planned for identified incidents and likely areas affected.\n16.1.7 The protective resources available to control an incident.\n16.1.8 The emergency response procedures.\n\nSchedule 16 Matters to be included in emergency plan for major hazard facility\nSection 16.2\n16.1.9 The infrastructure (on-site and off-site) likely to be affected by a\n16.2 Command structure and site personnel\n16.2.1 The command philosophy and structure to be activated in an\nemergency, so that it is clear what actions will be taken, who will take\nthese actions and how, when and where they will be taken.\n16.2.2 Details of the person who can clarify the content of the emergency\nplan if necessary.\n16.2.3 The contact details of, and the means of contacting, the persons at the\nfacility responsible for liaising with emergency service organisations.\n16.2.4 A list of 24 hour emergency contacts.\n16.2.5 Arrangements for assisting emergency service organisations and\nnearby facilities with control actions taken in the surrounding area.\n16.3 Notifications\n16.3.1 In the event of the occurrence of a major incident or an event that\ncould reasonably be expected to lead to a major incident, procedures\nfor notifying the emergency service organisations with which the\nemergency plan was prepared under section 557 (Determined major\nhazard facility—emergency plan).\n16.3.2 After a major incident has occurred, procedures for providing the\nlocal community and SEMSOG with information about the major\nincident under section 573 (Information for local community—major\nincident).\n16.3.3 On-site and off-site warning systems.\n16.3.4 Contact details for emergency service organisations and other support\nservices that can assist in providing resources and implementing\nevacuation plans in the event of a major incident.\n16.3.5 On-site communication systems.\n\nMatters to be included in emergency plan for major hazard facility Schedule 16\nSection 16.4\n16.4 Resources and equipment\n16.4.1 On-site emergency resources, including emergency equipment,\npersonnel, gas detectors, wind velocity detectors, sand, lime,\nneutralising agents, absorbents, spill bins and decontamination\nequipment.\n16.4.2 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.\n16.5 Procedures\n16.5.1 Procedures for the safe evacuation of, and accounting for, all persons\non site.\n16.5.2 Procedures and control points for utilities, including gas, water and\nelectricity.\n16.5.3 Procedures for the control of any incident involving Schedule 15\nchemicals.\n16.5.4 Procedures for decontamination following an incident involving\nSchedule 15 chemicals.\n\nSchedule 17 Additional matters to be included in safety management system of\nSection 17.1\nSchedule 17 Additional matters to be\nincluded in safety management\nsystem of major hazard facility\n(see s 558)\n17.1 Safety policy and safety objectives\n17.1.1 A description of the means by which the operator’s safety policy and\nspecific safety objectives are to be communicated to all persons who\nare to participate in the implementation of the safety management\nsystem.\n17.1.2 The safety policy must include an express commitment to ongoing\nimprovement of all aspects of the safety management system.\n17.2 Organisation and personnel\n17.2.1 The identification (according to position description and location) of\nthe persons who are to participate in the implementation of the safety\nmanagement system, and a description of the command structure in\nwhich these persons work and of the specific tasks and\nresponsibilities allocated to them.\n17.2.2 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 that\nthey retain such knowledge and skills.\n17.3 Operational controls\n17.3.1 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\nAdditional matters to be included in safety management system of major\nSchedule 17\nSection 17.4\n(d) the control of abnormal operations and emergency shut down or\ndecommissioning.\n17.3.2 Provision of adequate means of achieving isolation of the major\nhazard facility or any part of the major hazard facility in the event of\nan emergency.\n17.3.3 Provision of adequate means of gaining access for service and\nmaintenance of the major hazard facility or any part of the major\n17.3.4 A description of the roles of persons and of the interfaces between\npersons and plant.\n17.3.5 Provision for alarm systems.\n17.4 Duties of operators\n17.4.1 A description of the means by which the operator proposes to comply\nwith the Act and with division 9.3.3 (Determined major hazard\nfacility—management of risk), part 9.4 (Licensed major hazard\nfacilities—risk management) and part 9.5 (Consultation and workers’\nsafety role).\n17.4.2 In relation to each part of the documented safety management system\nthat describes the means of compliance with a provision of chapter 9\n(Major hazard facilities), an annotation or cross-reference identifying\nthe specific provision being complied with.\n17.5 Management of change\nA description of the procedures for planning modifications to major\nhazard facilities.\n17.6 Principles and standards\n17.6.1 A statement of the principles, especially the design principles and\nengineering standards, being used to ensure the safe operation of the\n\nSchedule 17 Additional matters to be included in safety management system of\nSection 17.7\n17.6.2 A description of any technical standards, whether published or\nproprietary, being relied on in relation to such principles and\nstandards.\n17.7 Performance monitoring\n17.7.1 Performance standards for measuring the effectiveness of the safety\nmanagement 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 operator\nto ensure the effectiveness of all aspects of the safety\nmanagement system is apparent from the documentation; and\n(c) include steps to be taken to continually improve all aspects of\nthe safety management system.\n17.7.2 A description of the way in which these performance standards are to\nbe met.\n17.7.3 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.\n17.8 Audit\nProvision for the auditing of performance against the performance\nstandards, including the methods, frequency and results of the audit\n\nFacility description Part 18.1\nSection 18.1\nSchedule 18 Additional matters to be\nincluded in safety case for a\n(see s 561)\nPart 18.1 Facility description\n18.1 The facility\n18.1.1 A brief description of the nature of the facility and its operation,\nincluding a description of on-site activities and processes that involve\nor will involve Schedule 15 chemicals.\n18.1.2 A description of the Schedule 15 chemicals and any other hazardous\nchemicals present or likely to be present at the facility, including—\n(a) their identification by name and by any other means necessary\nfor 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.\n18.1.3 A description of the chemical and physical processes associated with\nany Schedule 15 chemicals present or likely to be present at the\nfacility, 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.\n\nSchedule 18 Additional matters to be included in safety case for a major hazard\nPart 18.1 Facility description\nSection 18.2\n18.1.4 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.\n18.1.5 In relation to proposed changes at the major hazard facility for which\nno 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 hazard\nfacility; or\n(ii) involve the deletion, addition or modification of any\nprocesses; and\n(b) a statement as to how existing control measures and work health\nand safety management systems are capable of maintaining the\nsafe operation of the major hazard facility.\n18.2 The surrounding area\n18.2.1 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 hazardous\nchemical 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).\n\nFacility description Part 18.1\nSection 18.2\n18.2.2 Graphically presented demographic information for the local\ncommunity, including surrounding land uses permitted by the\nterritory planning authority.\n18.2.3 Meteorological data relevant to the estimation of the effects of any\n\nSchedule 18 Additional matters to be included in safety case for a major hazard\nPart 18.2 Safety information\nSection 18.3\nPart 18.2 Safety information\n18.3 Control measures to limit the consequences of major\nincidents\n18.3.1 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 control\nmeasures to be implemented by the operator; and\n(b) the critical operating parameters for those control measures; and\n(c) key personnel and resources (internal and external) available to\nintervene 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 a command\nstructure in place for the major hazard facility that applies in the\nevent of an emergency, and that this command structure has\nbeen communicated to workers throughout the major hazard\n18.3.2 In this section:\ncritical operating parameters means the upper or lower performance\nlimits of any equipment, process or procedure, compliance with\nwhich is necessary to avoid a major incident.\n\nSafety information Part 18.2\nSection 18.4\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.\n18.4 Performance monitoring\nA detailed description of the performance standards and performance\nindicators required by schedule 17, section 17.7 (Performance\nmonitoring) to be included in the safety management system.\n18.5 Safety management system\n18.5.1 At all points in the safety case where the matter addressed is covered\nby the safety management system, a clear reference to the relevant\npart of the documented safety management system.\n18.5.2 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.\n18.6 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 the\nmajor hazard facility itself, whether the operator is directly engaged\nin the design and construction or has engaged another person to carry\nout the design and construction.\n18.7 Major incident history\nA summary of the major incidents that have occurred at the major\nhazard facility over the previous 5 years.\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• AS (see s 164 (1))\n• AS/NZS (see s 164 (2))\n• chief health officer\n• found guilty\n• in relation to\n• instrument\n• Legislation Act\n• person\n• territory planning authority.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Work Health and Safety Act 2011 (see Legislation Act, s 148). For\nexample, the following terms are defined in the Work Health and Safety\nAct 2011, dict:\n• asbestos (see s 197A)\n• asbestos containing material (ACM) (see s 197A)\n• compliance powers\n• construct\n• corresponding regulator\n• corresponding WHS law\n• demolition\n• design\n• designer (see s 22)\n• disclose\n• document\n• eligible person\n• employee record\n• handling\n• health\n\n• health and safety committee\n• health and safety representative\n• import\n• importer (see s 24)\n• inspector\n• internal reviewer\n• manufacturer (see s 23)\n• medical treatment\n• notifiable incident (see s 35)\n• parties\n• person conducting a business or undertaking (see s 5)\n• person with management or control of a workplace (see s 20)\n• person with management or control of plant at a workplace (see s 21)\n• plant\n• reasonably practicable\n• regulator\n• relevant worker\n• reviewable decisions\n• structure\n• substance\n• supplier\n• supply\n• union\n• volunteer\n• WHS entry permit\n• WHS entry permit-holder\n• worker (see s 7)\n• work group\n• workplace (see s 8).\nabrasive blasting means propelling a stream of abrasive material at\nhigh speed against a surface using compressed air, liquid, steam,\ncentrifugal wheels or paddles to clean, abrade, etch or otherwise\nchange the original appearance or condition of the surface.\n\nACD—see asbestos-contaminated dust or debris.\nACM—see asbestos containing material.\nADG Code means 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.\nNote The Australian Code for the Transport of Dangerous Goods by Road and\nRail, 7th edition does not need to be notified under the Legislation Act\nbecause s 47 (6) does not apply (see s 15 and Legislation Act, s 47 (7)).\nThe Code is available at www.ntc.gov.au.\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 means the Agricultural and Veterinary Chemicals Code\nset out in the schedule to the Agricultural and Veterinary Chemicals\nCode Act 1994 (Cwlth).\nairborne contaminant means a contaminant in the form of a fume,\nmist, gas, vapour or dust, and includes microorganisms.\nairborne crystalline silica, for chapter 7A (Crystalline silica)—see\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, in\nrelation to its use for that purpose, regulated under another Act\nor an Act of the Commonwealth; or\n\n(c) a boat or flotation device—\n(i) that is solely propelled by a person who is in or on the boat\nor device; and\n(ii) that is not attached to any mechanical elements or\nequipment outside the boat or device, and that does not rely\non any artificial flow of water to move; or\n(d) any plant specifically designed for a sporting, professional stunt,\ntheatrical or acrobatic purpose or activity; or\n(e) a coin-operated or token-operated device that—\n(i) is intended to be ridden, at the one time, by not more than\n4 children who must be below the age of 10 years; and\n(ii) is usually located in a shopping centre or similar public\nlocation; and\n(iii) does not necessarily have an operator.\napproved warning sign—see the Dangerous Substances (General)\nRegulation 2004, section 338.\narticle means a manufactured item, other than a fluid or particle,\n(a) is formed into a particular shape or design during manufacture;\nand\n(b) has hazard properties and a function that is wholly or partly\ndependent on the shape or design.\nasbestos-contaminated dust or debris (ACD) means dust or debris\nthat has settled within a workplace and is, or is assumed to be,\ncontaminated with asbestos.\nasbestos management plan—see section 429 and section 432.\nasbestos register—see section 425.\n\nasbestos-related work means work involving asbestos (other than\nasbestos removal work to which part 8.7 (Asbestos removal work)\napplies) that is permitted under the exceptions set out in\nsection 419 (3), (4) and (5).\nasbestos removalist means a person conducting a business or\nundertaking who carries out asbestos removal work.\nasbestos removal licence means a Class A asbestos removal licence\nor 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 (Licensing of asbestos removalists and asbestos\nassessors), Class A asbestos removal work or Class B asbestos\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 person\nexposed 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.\n\nboiler—\n(a) means—\n(i) a vessel, or an arrangement of vessels and interconnecting\nparts, in which steam or vapour is generated or in which\nwater or other liquid is heated at a pressure above that of\nthe atmosphere by the application of fire, the products of\ncombustion, electrical power or similar high temperature\nmeans; and\n(ii) the superheaters, reheaters, economisers, boiler piping,\nsupports, mountings, valves, gauges, fittings, controls,\nboiler setting and other equipment directly associated with\nthose vessels; but\n(b) does not include—\n(i) except in schedule 3 (High risk work licences and classes\nof high risk work) and schedule 4 (High risk work\nlicences—competency requirements), a fully flooded or\npressurised system where water or another liquid is heated\nto a temperature lower than the normal atmospheric boiling\ntemperature of the liquid; or\n(ii) for the purposes of part 5.2 (Additional duties relating to\nregistered plant and plant designs), part 5.3 (Registration\nof plant designs and items of plant), schedule 3 and\nschedule 4—a boiler designed or manufactured to the\nfollowing codes:\n(A) AMBSC part 1—Australian Miniature Boiler Safety\nCommittee Code for Copper Boilers;\n(B) AMBSC part 2—Australian Miniature Boiler Safety\nCommittee Code for Steel Boilers;\n(C) AMBSC Part 3—Australian Miniature Boiler Safety\nCommittee Code for Sub-Miniature Boilers;\n\n(D) AMBSC Part 4—Australian Miniature Boiler Safety\nCommittee Code for Duplex Steel Boilers; or\nNote The AMBSC does not need to be notified under the\nand Legislation Act, s 47 (7)). The AMBSC may be\npurchased at www.aals.asn.au.\n(iii) for schedule 3 and schedule 4—\n(A) a direct-fired process heater; or\n(B) boilers with less than 5m2 heating surface or 150kW\noutput; or\n(C) unattended boilers certified in compliance with\nAS 2593:2004 (Boilers—Safety management and\nsupervision systems).\nNote AS 2593:2004 does not need to be notified under the\nand Legislation Act, s 47 (7)). The standard may be\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(c) has 1 or more hoisting mechanisms arranged to traverse across\nthe bridge.\n\nbuilding maintenance equipment means a suspended platform and\nassociated equipment, including a building maintenance unit or a\nswing stage, that incorporates permanently installed overhead\nsupports to provide access to the faces of a building for maintenance,\nbut 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 for\nmaintenance.\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 500L or net mass of\nmore than 500kg; or\n(b) if the hazardous chemical is a solid—an undivided quantity\nexceeding 500kg.\ncapacity, of a container for chapter 7 (Hazardous chemicals), means\nthe internal volume of the container at a temperature of 15°C\nexpressed 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 fitness\nthat complies with section 169 (Certificate of medical fitness).\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.\n\ncertified safety management system, for chapter 8 (Asbestos), means\na safety management system that complies with AS 4801:2001\n(Occupational health and safety management systems), or an\nequivalent system determined by the regulator.\nNote AS 4801:2001 may be purchased at www.standards.org.au.\nchemical identity means a name, in accordance with the\nnomenclature systems of the International Union of Pure and Applied\nChemistry or the Chemical Abstracts Service, or a technical name,\nthat gives a chemical a unique identity.\nNote Nomenclature systems of the International Union of Pure and Applied\nChemistry are available at www.iupac.org. Nomenclature systems of the\nChemical Abstracts Service are available at www.cas.org.\nclass means—\n(a) in relation to high risk work—a class of work stated in\nschedule 3 (High risk work licences and classes of high risk\nwork); and\n(b) in relation to asbestos removal work—Class A asbestos removal\nwork or Class B asbestos removal work; and\n(c) for schedule 15—see schedule 15, section 15.1.\nClass A asbestos removal licence means a licence that authorises the\ncarrying out of Class A asbestos removal work and Class B asbestos\nremoval work by or on behalf of the licence-holder.\nClass A asbestos removal work means work that is required to be\nlicensed under section 485.\nClass B asbestos removal licence means a licence that authorises the\ncarrying out of Class B asbestos removal work by or on behalf of the\nlicence-holder.\nClass B asbestos removal work means work that is required to be\nlicensed under section 487, but does not include Class A asbestos\n\nClass H vacuum, for chapter 7A (Crystalline silica)—see\nclass label means a pictogram described in the ADG Code for a class,\nor division of a class, of dangerous goods.\nClass M vacuum, for chapter 7A (Crystalline silica)—see\nclearance certificate—see section 474.\nclearance inspection—see section 473 (3).\ncombustible dust means finely divided solid particles (including dust,\nfibres or flyings) that are—\n(a) suspended in air or settle out of the atmosphere under their own\nweight; and\n(b) able to burn or glow in the air; and\n(c) able to form an explosive mixture with air at atmospheric\npressure and normal temperature.\ncombustible substance—\n(a) means a substance that is combustible; and\n(b) includes dust, fibres, fumes, mists or vapours produced by the\nsubstance.\nwood, paper, oil, iron filings\ncompetency assessment, in part 4.5 (High risk work), means an\nassessment in relation to the completion of a specified VET course to\ncarry out a class of high risk work.\n\ncompetent person means—\n(a) for electrical work on energised electrical equipment or\nenergised electrical installations (other than testing mentioned\nin section 150 (Inspection and testing of electrical equipment)\nand section 165 (Testing of residual current devices)—a\nlicensed electrical worker; and\n(b) for general diving work—see—\n(i) section 174 (Competence of competent person supervising\ngeneral diving work—Act, s 44); and\n(ii) section 177 (Appointment of competent person to\nsupervise diving work); and\n(c) for a major inspection of a mobile crane or tower crane under\nsection 235 (Major inspection of registered mobile cranes and\ntower cranes)—see section 235; and\n(d) for inspection of amusement devices and passenger ropeways\nunder section 241 (Annual inspection of amusement devices and\npassenger ropeways)—see section 241; and\n(e) for design verification under section 252 (Who can be the design\nverifier)—a person who has the skills, qualifications,\ncompetence and experience to design the plant or verify the\ndesign; and\n(f) for any other case—a person who has acquired through training,\nqualification or experience the knowledge and skills to carry out\nthe 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\nconfined space—\n(a) means an enclosed or partially enclosed space that—\n(i) is not designed or intended primarily to be occupied by a\nperson; and\n(ii) is, or is designed or intended to be, at normal atmospheric\npressure while any person is in the space; and\n(iii) is, or is likely to be, a risk to health and safety from—\n(A) an atmosphere that does not have a safe oxygen level;\nor\n(B) contaminants, including airborne gases, vapours and\ndusts, that may cause injury from fire or explosion; or\n(C) harmful concentrations of any airborne contaminants;\nor\n(D) engulfment; but\n(b) does not include a mine shaft or the workings of a mine.\nconfined space entry permit means a confined space entry permit\nissued under section 67 (Confined space entry permit).\nconstruction project, for chapter 6 (Construction work)—see\nsection 292.\nconstruction work, for chapter 6 (Construction work)—see\nsection 289.\n\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 office—\nis packed in the way and quantity in which it is intended to be\nused for office work.\ncontainer, in relation to a hazardous chemical, means anything in or\nby 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 or\ncontrol measure, in relation to a risk to health and safety, means a\nmeasure to eliminate or minimise the risk.\nconveyor—\n(a) means equipment or apparatus operated by power other than\nmanual power and by which loads are raised, lowered or\ntransported or capable of being raised, lowered, transported, or\ncontinuously driven, by—\n(i) an endless belt, rope or chain or other similar means; or\n(ii) buckets, trays or other containers or fittings moved by an\nendless belt, rope, chain or similar means; or\n(iii) a rotating screw; or\n(iv) a vibration or walking beam; or\n\n(v) a powered roller conveyor if the rollers are driven by an\nendless belt, rope or chain or other similar means; and\n(b) 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.\ncrane—\n(a) means an appliance intended for raising or lowering a load and\nmoving it horizontally; and\n(b) includes the supporting structure of the crane and its\nfoundations; but\n(c) does not include any of the following:\n(i) an industrial lift truck;\n(ii) earthmoving machinery;\n(iii) an amusement device;\n(iv) a tractor;\n(v) an industrial robot;\n(vi) a conveyor;\n(vii) building maintenance equipment;\n(viii) a suspended scaffold;\n(ix) a lift.\ncrystalline silica, for chapter 7A (Crystalline silica)—see\ncrystalline silica control measure, for chapter 7A (Crystalline\nsilica)—see section 418A (1).\n\ncrystalline silica material, for chapter 7A (Crystalline silica)—see\ncurrent certificate of medical fitness means a certificate of medical\nfitness that—\n(a) was issued within the past 12 months; and\n(b) has not expired or been revoked.\ndemolition work—\n(a) means work to demolish or dismantle a structure, or part of a\nstructure that is load-bearing or otherwise related to the physical\nintegrity of the structure; but\n(b) does not include—\n(i) the dismantling of formwork, falsework, or other structures\ndesigned or used to provide support, access or containment\nduring construction work; or\n(ii) 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.\ndetermined major hazard facility means a facility that has been\ndetermined under section 541 (Determination in relation to facility,\non inquiry) or section 542 (Determination in relation to over-\nthreshold facility) to be a major hazard facility.\n\ndirect-fired process heater means an arrangement of 1 or more coils,\nlocated 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.\ndivision, for schedule 15—see schedule 15, section 15.1.\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 when\nthe load is out of the operator’s view.\nduty-holder, for part 3.1 (Managing risks to health and safety), means\na person mentioned in section 32 (Application—pt 3.1).\nEANx, for part 4.8 (Diving work), means a mixture of oxygen and\nnitrogen in which the volume of oxygen is at least 22%.\nearthmoving machinery—\n(a) means operator-controlled plant used to excavate, load,\ntransport, compact or spread earth, overburden, rubble, spoil,\naggregate or similar material; but\n(b) does not include a tractor or industrial lift truck.\n(a) for division 4.7.3 (Electrical equipment and electrical\ninstallations)—see section 148 (Electrical equipment and\nelectrical installations—div 4.7.3); and\n(b) for the remainder of part 4.7 (General electrical safety in\nworkplaces and energised electrical work)—see section 144\n(Meaning of electrical equipment—pt 4.7).\n\nelectrical installation—\n(a) for division 4.7.3 (Electrical equipment and electrical\ninstallations)—see section 148 (Electrical equipment and\nelectrical installations—div 4.7.3); and\n(b) for the remainder of part 4.7 (General electrical safety in\nworkplaces and energised electrical work)—see section 145\n(Meaning of electrical installation—pt 4.7).\nelectrical risk means risk to a person of death, shock or other injury\ncaused directly or indirectly by electricity.\nelectrical work—for part 4.7 (General electrical safety in workplaces\nand energised electrical work)—see section 146 (Meaning of\nelectrical work—pt 4.7).\nelectricity distributor—see the Utilities Act 2000, dictionary.\nelectricity supply authority means an electricity distributor.\nemergency service organisation means—\n(a) the Australian Federal Police; or\n(b) an emergency service.\nNote An emergency service means the ambulance service, the fire and rescue\nservice, the rural fire service or the SES (see Legislation Act, dict, pt 1).\nemergency services worker means—\n(a) a police officer; or\n(b) a member of an emergency service.\nNote An emergency service means the ambulance service, the fire and rescue\nservice, the rural fire service or the SES (see Legislation Act, dict, pt 1).\nengineered stone, for chapter 7A (Crystalline silica)—see\nengineering control means a control measure that is physical in\nnature, including a mechanical device or process.\n\nentry, by a person into a confined space, means the person’s head or\nupper body is in the confined space or within the boundary of the\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 Resources Act 2007 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 (Noise), means an exposure\nstandard declared by the Minister under section 48A.\nexposure standard for noise, in relation to a person—see section 56\n(Meaning of exposure standard for noise).\nexternal review means an external review under part 11.1 (Review of\ndecisions under this regulation).\nextra-low voltage means voltage that does not exceed 50V AC or\n120V ripple-free DC.\nfacility, for chapter 9 (Major hazard facilities), means a workplace at\nwhich Schedule 15 chemicals are present or likely to be present.\n\nfall arrest system means plant or material designed to arrest a fall.\n1 an industrial safety net\n2 a catch platform\n3 a safety harness system (other than a system that relies entirely on a restraint\ntechnique system)\nfault, in relation to plant, means a break or defect that may cause the\nplant to present a risk to health and safety.\nfemale of reproductive capacity, in part 7.2 (Lead), 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 flammable\ngases;\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\nstated in AS/NZS 2299.1:2015 (Occupational diving operations—\nStandard operational practice), Appendix M, clause M4.\nNote AS/NZS 2299.1:2015 does not need to be notified under the\nflammable gas—see the GHS.\n\nflammable liquid means a flammable liquid within the meaning of\nthe GHS that has a flash point of less than 93°C.\nforklift truck, for schedule 3 (High risk work licences and classes of\nhigh risk work) and schedule 4 (High risk work licences—\ncompetency requirements)—\n(a) means a powered industrial truck equipped with lifting media\nmade up of a mast and an elevating load carriage to which is\nattached a pair of fork arms or other arms that can be raised\n900mm or more above the ground; but\n(b) 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 ends\nby 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 across\nthe bridge.\ngas cylinder means a rigid vessel that—\n(a) does not exceed 3 000L water capacity and is without openings\nor integral attachments on the shell other than at the ends; and\n(b) is designed for the storage and transport of gas under pressure;\nand\n\n(c) is covered by AS 2030.1:2009 (Gas cylinders—General\nrequirements).\nNote AS 2030.1:2009 does not need to be notified under the Legislation Act\ngeneral construction induction training means training delivered in\nAustralia by an RTO for the specified VET course for general\nconstruction induction training.\ngeneral construction induction training card means—\n(a) for division 6.5.2 (General construction induction training\ncards)—a general construction induction training card issued\nunder division 6.5.2; and\n(b) in any other case—a general construction induction training card\nissued—\n(i) under division 6.5.2 or under a corresponding WHS law;\nor\n(ii) by an RTO under an agreement between the regulator and\nan RTO or a corresponding regulator and an RTO.\ngeneral construction induction training certification means a\ncertification for the completion of the specified VET course for\ngeneral diving work—\n(a) means work carried out in or under water while breathing\ncompressed gas; and\n(i) incidental diving work; and\n(ii) limited scientific diving work; but\n(c) does not include high risk diving work.\n\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, devices,\nprocesses or services.\nGHS means the Globally Harmonized System of Classification and\nLabelling of Chemicals, 7th revised edition, published by the United\nNations, as modified under schedule 6 (Classification of mixtures).\nNote 1 The Globally Harmonized System of Classification and Labelling of\nChemicals, 7th revised edition does not need to be notified under the\nAct, s 47 (7)). The System is available at www.unece.org.\nNote 2 The sch 6 tables replace some tables in the GHS.\nGHS 3 means the Globally Harmonized System of Classification and\nLabelling of Chemicals, 3rd revised edition, published by the United\nNations, as modified under schedule 6 (Classification of mixtures).\nNote 1 The Globally Harmonized System of Classification and Labelling of\nChemicals, 3rd revised edition does not need to be notified under the\nAct, s 47 (7)). The System is available at www.unece.org.\nNote 2 The sch 6 tables replace some tables in the GHS 3.\nhazard category means a division of criteria within a hazard class in\nthe GHS.\nhazard class means the nature of a physical, health or environmental\nhazard under the GHS.\n\nhazardous area means an area in which—\n(a) an explosive gas is present in the atmosphere in a quantity that\nrequires special precautions to be taken for the construction,\ninstallation and use of plant; or\n(b) a combustible dust is present, or could reasonably be expected\nto be present, in the atmosphere in a quantity that requires\nspecial precautions to be taken for the construction, installation\nand use of plant.\nhazardous atmosphere—see section 51 (2).\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 1 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 The sch 6 tables replace some tables in the GHS.\n\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 1 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.\n1 a task requiring a person to restrain live animals\n2 a task requiring a person to lift or move loads that are unstable or unbalanced\nor are difficult to grasp or hold\n3 a task requiring a person to sort objects on a conveyor belt\nhazard pictogram means a graphical composition, including a\nsymbol plus other graphical elements, that is assigned in the GHS to\na hazard class or hazard category.\nhazard statement means a statement assigned in the GHS to a hazard\nclass or hazard category describing the nature of the hazards of a\nhazardous chemical including, if appropriate, the degree of hazard.\nHazchem Code means a Hazchem Code under the ADG Code, also\nknown as an Emergency Action Code.\nhead or upper body means the area of a person’s body at or above the\nperson’s shoulders.\nhealth monitoring, of a person, means monitoring the person to\nidentify changes in the person’s health status because of exposure to\ncertain substances.\n\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.\nExample—historical activity\na historical display, parade, demonstration or re-enactment\nExample—activity ancillary to a historical activity\nrestoring, maintaining, modifying, servicing, repairing or housing a boiler\nused, or to be used, for a historical activity\nhigh risk construction work, for chapter 6 (Construction work)—see\nsection 291.\nhigh risk crystalline silica work, for chapter 7A (Crystalline silica)—\nhigh risk diving work—\n(a) means work—\n(i) carried out in or under water or any other liquid while\nbreathing compressed gas; and\n(ii) involving 1 or more of the following:\n(A) construction work;\nNote 1 Par (B) includes some additional\nconstruction-related activities.\nNote 2 For construction work generally, see ch 6.\nConstruction work—see s 289.\n(B) work of the kind described in section 289 (c) (iv);\n(C) inspection work carried out in order to determine\nwhether or not work described in subparagraph (A) or\n(B) is necessary;\n(D) the recovery or salvage of a large structure or large\nitem of plant for commercial purposes; but\n\n(b) 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.\nhigh risk work means any work set out in schedule 3 (High risk work\nlicences and classes of high risk work) as being within the scope of a\nhigh risk work licence.\nhigh risk work licence means any of the licences listed in schedule 3\n(High risk work licences and classes of high risk work).\nhoist—\n(a) means an appliance intended for raising or lowering a load or\npeople; and\n(b) includes an elevating work platform, a mast climbing work\nplatform, personnel and materials hoist, scaffolding hoist and\nserial hoist; but\n(c) does not include a lift or building maintenance equipment.\nIBC—see intermediate bulk container.\nignition source means a source of energy capable of igniting\nflammable or combustible substances.\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\nacting underwater is incidental to the business or undertaking of filming\n(b) involves limited diving.\n\nindependent, in relation to clearance inspections and air monitoring\nunder chapter 8 (Asbestos), means—\n(a) not involved in the removal of the asbestos; and\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—\n(a) means powered mobile plant, designed to move goods, materials\nor equipment that is equipped with an elevating load carriage\nand is in the normal course of use equipped with a load-holding\nattachment; but\n(b) does not include a mobile crane or earthmoving machinery.\nindustrial robot means plant that is a multifunctional manipulator and\nits 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 device\nthat is an inflatable device that relies on a continuous supply of air\npressure 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 occurring\nintermediate bulk container (or IBC)—see the ADG Code.\ninternal review means internal review under part 11.1 (Review of\ndecisions under this regulation).\nin transit, in relation to a thing, means that the thing is—\n(a) supplied to, or stored at, a workplace in containers that are not\nopened at the workplace; and\n\n(b) not used at the workplace; and\n(c) 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, for part 7.2 (Lead)—see section 392.\nlead process area means a workplace or part of a workplace where a\nlead process is carried out.\nlead risk work, for part 7.2 (Lead)—see section 394.\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 is\nlicensed—\n(i) to carry out air monitoring during asbestos removal work;\nand\n(ii) to carry out clearance inspections of asbestos removal\n(iii) to issue clearance certificates in relation to asbestos\n(iv) to identify the location, type and condition of asbestos or\nACM, including by taking samples; and\n(v) to assess the risk resulting from the identified asbestos or\nACM; and\n(vi) to advise on how the asbestos or ACM should be managed;\nand\n(vii) to report about the work mentioned in paragraphs (i) to (v);\nor\n\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 asbestos\nassessor licence.\nlicensed asbestos removalist means a person conducting a business\nor undertaking who is licensed under this regulation to carry out Class\nA asbestos removal work or Class B asbestos removal work.\nlicensed asbestos removal work means asbestos removal work for\nwhich a Class A asbestos removal licence or Class B asbestos\nremoval licence is required.\nlicensed electrical worker means a person who holds a licence under\nthe Construction Occupations (Licensing) Act 2004, in the class of\nelectrician.\nlicensed major hazard facility means a major hazard facility that is\nlift—\n(a) means plant that is, or is intended to be, permanently installed in\nor attached to a structure, in which people, goods or materials\nmay be raised or lowered within a car or cage, or on a platform\nand the movement of which is restricted by a guide or guides;\nand\n(i) a chairlift and stairway lift; and\n(ii) any supporting structure, machinery, equipment, gear, lift\nwell, enclosures and entrances.\n\nlimited diving means diving that does not involve any of the\n(a) diving to a depth below 30m;\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 research,\nnatural resource management or scientific research as an\neducational activity; and\n(b) involves only limited diving.\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 (Plant and\nstructures), includes repair 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\n(Determinations about major hazard facilities) to be a major\n\nmajor hazard facility licence means a licence granted under part 9.7\n(Licensing of major hazard facilities) in relation to a major hazard\nmajor incident, for chapter 9 (Major hazard facilities)—see\nsection 531.\nmajor incident hazard means a hazard that could cause, or contribute\nto causing, a major incident.\nmanifest means a written summary of the hazardous chemicals used,\nhandled or stored at a workplace.\nNote See sch 12 (Manifest requirements) for what a manifest must contain.\nmanifest quantity, in relation to a Schedule 11 hazardous chemical,\nmeans the manifest quantity referred to in Schedule 11, table 11.1,\ncolumn 5 for that hazardous chemical.\nmast climbing work platform means a hoist with a working platform\nused for temporary purposes to raise personnel and materials to the\nworking position by means of a drive system mounted on an\nextendable 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.\nmechanical method, for chapter 7A (Crystalline silica)—\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)].\n\nMinisterial Council means a body (however described) that consists\nof the Minister of the Commonwealth, and the Minister of each State\nand Territory, who is responsible, or principally responsible, for\nmatters relating to transport.\nmixture, for part 7.1 (Hazardous chemicals), means a combination of,\nor a solution composed of, 2 or more substances that do not react with\neach other.\nmobile crane means a crane capable of travelling over a supporting\nsurface without the need for fixed runways and relying only on\ngravity for stability.\nmodification, of a facility—see section 534.\nmusculoskeletal disorder—\n(a) means an injury to, or disease of, the musculoskeletal system,\nwhether occurring suddenly or over time; but\n(b) does not include an injury caused by crushing, entrapment or\ncutting resulting principally from the mechanical operation of\nNATA means the National Association of Testing Authorities,\nAustralia.\nNote The National Association of Testing Authorities is accessible at\nwww.nata.com.au.\nNATA-accredited laboratory means a testing laboratory accredited\nby NATA, or recognised by NATA either solely or with someone\nelse.\nnaturally occurring asbestos means the natural geological\noccurrence of asbestos minerals found in association with geological\ndeposits including rock, sediment or soil.\n\nnon-friable asbestos means material containing asbestos that is not\nfriable asbestos, including material containing asbestos fibres\nreinforced with a bonding compound.\nNote Non-friable asbestos may become friable asbestos through deterioration\n(see def friable asbestos).\nnon-slewing mobile crane—\n(a) means a mobile crane incorporating a boom or jib that cannot be\nslewed; and\n(i) an articulated mobile crane; and\n(ii) a locomotive crane; but\n(c) 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, of a facility or a proposed facility—see section 533.\noperator protective device, includes a roll-over protective structure,\nfalling object protective structure, operator restraining device and seat\nbelt.\norder-picking forklift truck, in schedule 3 (High risk work licences\nand classes of high risk work) and schedule 4 (High risk work\nlicences—competency requirements), means a forklift truck where\nthe operator’s controls are incorporated with the lifting media and\nelevate with the lifting media.\npackaged hazardous chemicals means Schedule 11 hazardous\nchemicals in a container with—\n(a) a capacity not exceeding 500L; or\n(b) a net mass not exceeding 500kg.\npacking group, for schedule 15—see schedule 15, section 15.1.\n\npassenger ropeway—\n(a) means a powered ropeway used for transporting, in a horizontal\nor inclined plane, passengers moved by a carrier that is—\n(i) attached to or supported by a moving rope; or\n(ii) attached to a moving rope but supported by a standing rope\nor other overhead structure; and\n(b) includes, in relation to the powered ropeway—\n(i) the prime mover; and\n(ii) any associated transmission machinery; and\n(iii) any supporting structure and equipment; but\n(c) does not include the following:\n(i) a cog railway;\n(ii) a cable car running on rails;\n(iii) a flying fox or similar device;\n(iv) an elevating system for vehicles or boat style carriers\nassociated with amusement devices.\nan elevating system for a log ride or boat flume ride\npersonal protective equipment means anything used or worn by a\nperson to minimise risk to the person’s health and safety, including\nair-supplied respiratory equipment.\npersonnel and materials hoist means a hoist that is—\n(a) a cantilever hoist, a tower hoist or several winches configured to\noperate as a hoist; and\n(b) intended to carry goods, materials or people.\n\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 and\npipe 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, in part 5.2 (Additional duties relating to registered plant and\nplant designs) and part 5.3 (Registration of plant designs and items of\nplant), includes a structure.\nplatform height, in relation to an inflatable device (continuously\nblown), means the height of the highest part of the device designed to\nsupport persons using it (the platform), as measured from the surface\nsupporting the device to the top surface of the platform when the\ndevice is inflated but unloaded.\nporcelain product, for chapter 7A (Crystalline silica)—\nportal boom crane means a boom crane or a jib crane that is mounted\non a portal frame that, in turn, is supported on runways along which\nthe crane travels.\npowered mobile plant means plant that is provided with some form\nof self-propulsion that is ordinarily under the direct control of an\noperator.\n\nprecautionary statement means a phrase prescribed by the GHS that\ndescribes measures that are recommended to be taken to prevent or\nminimise—\n(a) the adverse effects of exposure to a hazardous chemical; or\n(b) improper handling of a hazardous chemical.\npresence-sensing safeguarding system includes—\n(a) a sensing system that uses 1 or more forms of radiation either\nself-generated or otherwise generated by pressure; and\n(b) the interface between the final switching devices of the sensing\nsystem and the machine primary control elements; and\n(c) the machine stopping capabilities, by which the presence of a\nperson or part of a person within the sensing field will cause the\ndangerous parts of a machine to be brought to a safe state.\npresent or likely to be present, in relation to hazardous chemicals,\nincluding Schedule 15 chemicals, at a facility or proposed facility—\nsee section 532.\npressure equipment means boilers, pressure vessels and pressure\npiping.\npressure piping—\n(a) means an assembly of pipes, pipe fittings, valves and pipe\naccessories subject to internal or external pressure and used to\ncontain or convey fluid or to transmit fluid pressure; and\n(b) includes distribution headers, bolting, gaskets, pipe supports and\npressure containing accessories; but\n(c) does not include a boiler or pressure vessel.\n\npressure vessel—\n(a) means a vessel subject to internal or external pressure; and\n(i) interconnected parts and components, valves, gauges and\nother 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.\nprimary emergency service organisation means fire and rescue\nservice.\nNote Fire and rescue service—see the Legislation Act, dictionary, pt 1.\nprincipal contractor, in relation to a construction project, for\nchapter 6 (Construction work)—see section 293.\nprocess, for chapter 7A (Crystalline silica)—see section 418A (1).\nprocessing, in relation to engineered stone, for part 7A.3 (Engineered\nstone)—see section 418E.\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\n(ii) for a gas—0.1% or more, determined as a volume/volume\n(v/v) concentration.\n\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 major\nhazard facility due to the introduction of Schedule 15 chemicals\nor the addition of further Schedule 15 chemicals; or\n(b) a major hazard facility that is being designed or constructed.\npsychosocial hazard, for division 3.2.11 (Psychosocial risks)—\nsee section 55A.\npsychosocial risk, for division 3.2.11 (Psychosocial risks)—\nsee section 55B.\nquantity, for chapter 7 (Hazardous chemicals), 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 the\ncontainer or storage or handling system; and\n(b) for a hazardous chemical that is a liquid and is not a gas under\npressure and is in a container or storage or handling system—\nthe net capacity in litres of the container or storage or handling\nsystem; and\n(c) for a hazardous chemical that is a gas or gas under pressure in a\ncontainer or storage or handling system—the water capacity in\nlitres of the container or storage or handling system; 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 net\ncapacity of the part of the thing that comprises a hazardous\nchemical.\n\nreach stacker means a powered reach stacker that incorporates an\nattachment for lifting and lowering a shipping container.\nreciprocating steam engine—\n(a) means equipment that is driven by steam acting on a piston\ncausing the piston to move; and\n(b) includes an expanding (steam) reciprocating engine.\nregistered medical practitioner means a doctor.\nNote Doctor—see the Legislation Act, dictionary, pt 1.\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 (Cwlth).\nNote The National Vocational Education and Training Regulator Act 2011\n(Cwlth) does not need to be notified under the Legislation Act because\ns 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The Act\nis available at www.legislation.gov.au.\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 3μm wide; and\n(b) is more than 5μm long; and\n(c) has a length to width ratio of more than 3:1.\nrespiratory protective equipment, for chapter 7A (Crystalline\nsilica)—see section 418A (1).\n\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\n(ii) for a gas—0.1% or more, determined as a volume/volume\n(v/v) concentration.\nretailer means a person whose principal business is supplying\nconsumer products to members of the public who are not engaged in\nthe 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 or\nmembers of a structure to ensure the stability of those members;\nor\n(b) the setting up or dismantling of cranes or hoists.\nRTO (registered training organisation)—see registered training\norganisation.\nsafe oxygen level means a minimum oxygen content in air of 19.5%\nby volume under normal atmospheric pressure and a maximum\noxygen content in air of 23.5% by volume under normal atmospheric\npressure.\nsafety data sheet means a safety data sheet prepared under\nsection 330 (Manufacturer or importer to prepare and provide safety\ndata sheets) or section 331 (Safety data sheets—research chemical,\nwaste product or sample for analysis).\n\nSafe Work Australia means Safe Work Australia established under\nthe Safe Work Australia Act 2008 (Cwlth), section 5.\nNote The Safe Work Australia Act 2008 (Cwlth) does not need to be notified\nunder the Legislation Act because s 47 (5) does not apply (see s 15 and\nLegislation Act, s 47 (7)). The Act is available at\nsafe work method statement means—\n(a) in relation to electrical work on energised electrical\nequipment—a safe work method statement prepared under\nsection 161 (How the work is to be carried out); and\n(b) in relation to high risk construction work—a safe work method\nstatement mentioned in section 299 (Safe work method\nstatement required for high risk construction work) (as revised\nunder section 302 (Review of safe work method statement)).\nscaffold means a temporary structure specifically erected to support\naccess or working platforms.\nscaffolding work means erecting, altering or dismantling a temporary\nstructure that is or has been erected to support a platform and from\nwhich a person or object could fall more than 4m from the platform\nor the structure.\nSchedule 11 hazardous chemical means a hazardous chemical or\ncombination of hazardous chemicals specified in schedule 11,\ntable 11.1.\nSchedule 15 chemical means a hazardous chemical that—\n(a) is specified in schedule 15, table 15.6.2; or\n(b) belongs to a class, type or category of hazardous chemicals\nspecified in schedule 15, table 15.6.3.\n\nself-erecting tower crane means a crane—\n(a) that is not disassembled into a tower element and a boom or jib\nelement in the normal course of use; and\n(b) where the erection and dismantling processes are an inherent\npart of the crane’s function.\nSEMSOG—see the Emergencies Act 2004, section 141 (Security and\nEmergency Management Senior Officials Group).\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 to\nindicate to a label reader the relative severity level of a hazard, and to\nalert the reader to a potential hazard, under the GHS.\nsintered stone, for chapter 7A (Crystalline silica)—see\nslewing mobile crane means a mobile crane incorporating a boom or\njib that can be slewed, but does not include the following when\nconfigured for crane operation:\n(a) a front-end loader;\n(b) a backhoe;\n(c) an excavator;\n(d) other earth moving equipment.\nslinging techniques means the exercising of judgment in relation to\nthe suitability and condition of lifting gear and the method of slinging,\nby consideration of the nature of the load, its mass and its centre of\ngravity.\n\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 Conduct\nasbestos assessment associated with removal; or\n(f) in relation to high risk work—the relevant VET course specified\nin schedule 4.\nStandard for the Uniform Scheduling of Medicines and Poisons\nmeans the current Poisons Standard under the Therapeutic Goods\nAct 1989 (Cwlth).\nsteam turbine means equipment that is driven by steam acting on a\nturbine or rotor to cause a rotary motion.\nstone-substitute material, for chapter 7A (Crystalline silica)—see\nstructure, for chapter 6 (Construction work)—see section 290.\nsubsidiary risk, for schedule 15—see schedule 15, section 15.1.\nsubstance, in part 7.1 (Hazardous chemicals), means a chemical\nelement or compound in its natural state or obtained or generated by\na process—\n(a) including any additive necessary to preserve the stability of the\nelement or compound and any impurities deriving from the\nprocess; but\n\n(b) excluding any solvent that may be separated without affecting\nthe stability of the element or compound, or changing its\ncomposition.\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 occurring.\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 of chemical identity, means a name\nthat is—\n(a) ordinarily used in commerce, regulations and codes to identify\na substance or mixture, other than an International Union of Pure\nand Applied Chemistry or Chemical Abstracts Service name;\nand\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.\n\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, section 15.3; or\n(b) the aggregate threshold quantity of 2 or more hazardous\nchemicals as determined under schedule 15, section 15.4.\ntower crane—\n(a) means a boom crane or a jib crane mounted on a tower structure;\nand\n(b) in schedule 3 (High risk work licences and classes of high risk\nwork)—\n(i) for a jib crane—means the crane may be a horizontal or\nluffing jib type crane; and\n(ii) means the tower structure may be demountable or\npermanent; but\n(iii) does not include a self-erecting tower crane.\ntractor—\n(a) means a motor vehicle, whether wheeled or track mounted,\ndesigned to provide power and movement to any attached\nmachine or implement by a transmission shaft, belt or linkage\nsystem; but\n(b) does not include earthmoving machinery.\n\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 ground;\nand\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—see the ADG Code, Attachment 2.\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—see the National Vocational Education and Training\nRegulator Act 2011 (Cwlth).\nNote The National Vocational Education and Training Regulator Act 2011\n(Cwlth) does not need to be notified under the Legislation Act because\ns 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The Act\nis available at www.legislation.gov.au.\nwet dust suppression method, for chapter 7A (Crystalline silica)—\nWHS management plan, in relation to a construction project, means\na management plan prepared or revised under part 6.4 (Additional\nduties of principal contractor).\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.\n\nwork positioning system means any plant or structure, other than a\ntemporary work platform, that enables a person to be positioned and\nsafely supported at a location for the duration of the relevant work\nbeing carried out.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nWork Health and Safety Regulation 2011 SL2011-36\nnotified LR 19 December 2011\ns 1, s 2 commenced 19 December 2011 (LA s 75 (1))\ndiv 4.7.4, ss 168-170 commenced 1 July 2012 (s 2 (2))\ns 53, s 164, s 165, ss 171-175, div 4.8.3, div 4.8.4, div 5.2.2, div 5.2.3,\ns 235, pt 5.3, ss 309-311, s 313 commenced 1 January 2013 (s 2 (3))\nsch 3, table 3.1, item 23, sch 4, table 4.1, item 23 commenced\n1 July 2013 (s 2 (4))\nremainder commenced 1 January 2012 (s 2 (1) and see Work Health\nand Safety Act 2011 A2011-35, s 2 and CN2011-12)\nas amended by\nWork Health and Safety Amendment Regulation 2012 (No 1) SL2012-9\nnotified LR 19 March 2012\ns 1, s 2 taken to have commenced 1 January 2012 (LA s 75 (2))\nremainder taken to have commenced 1 January 2012 (s 2)\nWork Health and Safety Amendment Regulation 2012 (No 2)\nnotified LR 5 July 2012\ns 1, s 2 taken to have commenced 1 January 2012 (LA s 75 (2))\nremainder taken to have commenced 1 January 2012 (s 2)\nStatute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.25\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 3 pt 3.25 commenced 25 November 2013 (s 2)\nWork Health and Safety Amendment Regulation 2013 (No 1)\nSL2013-33\nnotified LR 20 December 2013\ns 1, s 2 commenced 20 December 2013 (LA s 75 (1))\nremainder commenced 1 January 2014 (s 2)\nStatute Law Amendment Act 2014 A2014-18 sch 3 pt 3.26\nnotified LR 20 May 2014\ns 1, s 2 commenced 20 May 2014 (LA s 75 (1))\nsch 3 pt 3.26 commenced 10 June 2014 (s 2 (1))\n\nWork Health and Safety Amendment Regulation 2014 (No 1)\nSL2014-10\nnotified LR 25 June 2014\ns 1, s 2 commenced 25 June 2014 (LA s 75 (1))\nremainder commenced 30 September 2014 (s 2)\nWork Health and Safety Amendment Regulation 2014 (No 2)\nSL2014-20\nnotified LR 26 August 2014\ns 1, s 2 commenced 26 August 2014 (LA s 75 (1))\nremainder commenced 2 September 2014 (s 2)\nWork Health and Safety Amendment Regulation 2014 (No 3)\nSL2014-27\nnotified LR 30 October 2014\ns 1, s 2 commenced 30 October 2014 (LA s 75 (1))\nremainder commenced 31 October 2014 (s 2)\nWork Health and Safety (Asbestos) Amendment Regulation 2014\n(No 1) SL2014-32\nnotified LR 4 December 2014\ns 1, s 2 commenced 4 December 2014 (LA s 75 (1))\ns 6, so far as it inserts s 460 (1), s 493 (1) (c), s 494 (1) (c),\ns 498 (a) (ii), s 499 (b), s 518 (a) (i) commenced 1 July 2015 (s 2 (1))\ns 6, so far as it inserts s 493 (1) (e), s 498 (b), s 520 (1) (e), and s 10\ncommenced 1 January 2016 (s 2 (2))\nremainder commenced 1 January 2015 (s 2 (3))\nDangerous Substances (Loose-fill Asbestos Eradication) Legislation\nAmendment Act 2015 A2015-6 sch 1 pt 1.9\nnotified LR 31 March 2015\ns 1, s 2 commenced 31 March 2015 (LA s 75 (1))\nsch 1 pt 1.9 commenced 17 April 2015 (s 2 and CN2015-6)\nPlanning, Building and Environment Legislation Amendment Act\n","sortOrder":659},{"sectionNumber":"2015","sectionType":"section","heading":"A2015-12 pt 9","content":"2015 A2015-12 pt 9\nnotified LR 20 May 2015\ns 1, s 2 commenced 20 May 2015 (LA s 75 (1))\npt 9 commenced 21 May 2015 (s 2)\n\nPlanning, Building and Environment Legislation Amendment Act\n2016 (No 2) A2016-24 pt 13\nnotified LR 11 May 2016\ns 1, s 2 commenced 11 May 2016 (LA s 75 (1))\npt 13 commenced 12 May 2016 (s 2 (1))\nEmergencies Amendment Act 2016 A2016-33 sch 1 pt 1.25\nnotified LR 20 June 2016\ns 1, s 2 commenced 20 June 2016 (LA s 75 (1))\nsch 1 pt 1.25 commenced 21 June 2016 (s 2)\nWork Health and Safety Amendment Regulation 2016 (No 1)\nSL2016-29\nnotified LR 8 September 2016\ns 1, s 2 commenced 8 September 2016 (LA s 75 (1))\nremainder commenced 9 September 2016 (s 2)\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.37\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.37 commenced 9 March 2017 (s 2)\nRoad Transport Reform (Light Rail) Legislation Amendment Act 2017\nA2017-21 sch 1 pt 1.17\nnotified LR 8 August 2017\ns 1, s 2 commenced 8 August 2017 (LA s 75 (1))\nsch 1 pt 1.17 commenced 15 August 2017 (s 2)\nWork Health and Safety Amendment Regulation 2017 (No 1)\nSL2017-24\nnotified LR 17 August 2017\ns 1, s 2 commenced 17 August 2017 (LA s 75 (1))\nremainder commenced 18 August 2017 (s 2)\nWork Health and Safety Amendment Regulation 2018 (No 1) SL2018-2\nnotified LR 28 March 2018\ns 1, s 2 commenced 28 March 2018 (LA s 75 (1))\nremainder commenced 29 March 2018 (s 2 and see Work Health and\nSafety Legislation Amendment Act 2018 A2018-8 s 2)\n\nWork Health and Safety Amendment Act 2018 A2018-26 pt 3\nnotified LR 15 August 2018\ns 1, s 2 commenced 15 August 2018 (LA s 75 (1))\npt 3 commenced 1 January 2019 (s 2)\nWork Health and Safety Amendment Regulation 2019 (No 1) SL2019-3\nnotified LR 21 February 2019\ns 1, s 2 commenced 21 February 2019 (LA s 75 (1))\nremainder commenced 1 July 2019 (s 2)\nLoose-fill Asbestos Legislation Amendment Act 2020 A2020-20 sch 1\npt 1.10\nnotified LR 27 May 2020\ns 1, s 2 commenced 27 May 2020 (LA s 75 (1))\nsch 1 pt 1.10 commenced 1 July 2020 (s 2)\nWork Health and Safety Amendment Regulation 2020 (No 1)\nnotified LR 30 June 2020\ns 1, s 2 commenced 30 June 2020 (LA s 75 (1))\ns 4, s 30 commenced 1 July 2020 (s 2 (2))\ns 5, ss 27-29 commenced 1 February 2021 (s 2 (3))\nremainder commenced 3 August 2020 (s 2 (1))\nEmployment and Workplace Safety Legislation Amendment Act 2020\nA2020-30 sch 1 pt 1.4\nnotified LR 9 July 2020\ns 1, s 2 commenced 9 July 2020 (LA s 75 (1))\nsch 1 pt 1.4 commenced 10 July 2020 (s 2 (1))\nWork Health and Safety Amendment Regulation 2021 (No 1) SL2021-1\nnotified LR 29 January 2021\ns 1, s 2 commenced 29 January 2021 (LA s 75 (1))\nremainder commenced 1 February 2021 (s 2 and see Work Health and\nSafety Amendment Regulation 2020 (No 1) SL2020-27 s 2 (3))\n\nWork Health and Safety Amendment Regulation 2022 (No 1)\nnotified LR 30 June 2022\ns 1, s 2 commenced 30 June 2022 (LA s 75 (1))\ns 10, s 11 commenced 1 July 2022 (s 2 (2))\nsch 1 commenced 1 July 2023 (s 2 (3))\nremainder commenced 14 July 2022 (s 2 (1))\nWork Health and Safety Amendment Regulation 2022 (No 2)\nnotified LR 17 October 2022\ns 1, s 2 commenced 17 October 2022 (LA s 75 (1))\nsch 1 commenced 1 July 2023 (s 2 (2) and see Work Health and\nSafety Amendment Regulation (No 1) SL2022-12 s 2 (3))\nremainder commenced 18 October 2022 (s 2 (1))\nWork Health and Safety Amendment Regulation 2022 (No 3)\nSL2022-15\nnotified LR 1 November 2022\ns 1, s 2 commenced 1 November 2022 (LA s 75 (1))\ns 4, s 5 commenced 31 January 2023 (s 2 (2))\nsch 1 commenced 1 July 2023 (s 2 (2) and see Work Health and\nSafety Amendment Regulation (No 2) SL2022-13 s 2 (3))\nremainder commenced 2 November 2022 (s 2 (1))\nWorkplace Legislation Amendment Act 2022 A2022-23 pt 5\nnotified LR 9 December 2022\ns 1, s 2 commenced 9 December 2022 (LA s 75 (1))\npt 5 commenced 9 June 2023 (s 2 (2))\nWork Health and Safety Amendment Regulation 2023 (No 1)\nSL2023-19\nnotified LR 28 August 2023\ns 1, s 2 commenced 28 August 2023 (LA s 75 (1))\ns 3, s 9 commenced 29 August 2023 (s 2 (1))\nremainder commenced 27 November 2023 (s 2 (2))\n\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.73\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.73 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nWork Health and Safety Amendment Regulation 2023 (No 2)\nSL2023-30\nnotified LR 24 November 2023\ns 1, s 2 commenced 24 November 2023 (LA s 75 (1))\nremainder commenced 27 November 2023 (s 2 and see Work Health\nand Safety Amendment Regulation 2023 (No 1), s 2 (2))\nWorkplace Legislation Amendment Act 2024 A2024-15 pt 5\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\npt 5 commenced 19 August 2024 (s 2 (2))\nWork Health and Safety Amendment Regulation 2024 (No 1)\nnotified LR 28 June 2024\ns 1, s 2 commenced 28 June 2024 (LA s 75 (1))\ns 32 commenced 1 November 2024 (s 2 (2))\nsch 1 amdt 1.1 commenced 19 August 2024 (s 2 (3))\nsch 1 amdt 1.2, amdt 1.3 commenced 1 November 2024 (LA s 79A\nand s 2 (2))\nremainder commenced 1 July 2024 (s 2 (1))\nCOAG Legislation Amendment Act 2025 A2025-1 pt 6\nnotified LR 20 February 2025\ns 1, s 2 commenced 20 February 2025 (LA s 75 (1))\npt 6 commenced 27 February 2025 (s 2)\nWork Health and Safety Amendment Regulation 2025 (No 1)\nSL2025-26\nnotified LR 28 November 2025\ns 1, s 2 commenced 28 November 2025 (LA s 75 (1))\nremainder commenced 29 November 2025 (s 2)\n\nCommencement\ns 2 om LA s 89 (4)\nMeaning of person conducting a business or undertaking—persons\nexcluded—Act, s 5 (6)\ns 7 am A2013-44 amdt 3.205\nMeaning of corresponding WHS law—Act, dict\ns 9A sub SL2024-8 s 4\nApplication of the Act to dangerous goods—Act, sch 1, s 6, definition of\ndangerous goods\ns 10A ins SL2018-2 s 4\nDocuments incorporated as in force when incorporated\ns 13 am A2022-23 s 47\nDisapplication of Legislation Act, s 47 (5) and (6)\ns 15 sub SL2018-2 s 5\nPerson conducting business or undertaking must not delay election\ns 19 am A2024-15 s 40\nTraining for health and safety representatives—Act, s 72 (1) and s 72A (2)\ns 21 hdg sub A2018-26 s 22\ns 21 am SL2014-20 s 4; SL2016-29 s 4, s 5; SL2017-24 s 4;\nA2018-26 s 23, s 24\nEstablishing a health and safety committee—major construction project—\nAct, s 75 (1) (b)\ns 21A ins A2018-26 s 25\nTraining for health and safety committee members—major construction\nproject—Act, s 79A (2)\ns 21B ins A2018-26 s 25\nAgreed procedure—minimum requirements\ns 22 am A2024-15 s 40\nTraining requirements for WHS entry permits—Act, s 131 and s 133\ns 25 am SL2014-20 s 5\nProvision of information, training and instruction—Act, s 19\ns 39 am A2024-15 s 41\nDuty in relation to general workplace facilities\ns 40 am A2024-15 s 41\nDuty to provide and maintain adequate and accessible facilities\ns 41 am A2024-15 s 41\n\nDuty to provide first-aid\ns 42 am A2024-15 s 41\nDuty to prepare, maintain and implement emergency plan\ns 43 am SL2014-20 s 6; A2024-15 s 41\nProvision to workers and use of personal protective equipment\ns 44 am A2024-15 s 41\nPersonal protective equipment used by other persons\ns 45 am A2024-15 s 41\nDuties of worker\ns 46 am A2024-15 s 40\nDuty of person other than worker\ns 47 am A2024-15 s 40\nRemote or isolated work—Act, s 19\ns 48 am A2017-4 amdt 3.218; A2024-15 s 41\nExposure standards\ns 48A ins SL2020-27 s 4\nEnsuring exposure standards for substances and mixtures not exceeded\ns 49 am A2024-15 s 41\nMonitoring airborne contaminant levels\ns 50 am A2024-15 ss 40-42\nFlammable and combustible substances not to be accumulated\ns 53 am A2024-15 s 41\nMinimising risk associated with falling objects\ns 55 am A2024-15 s 41\nPsychosocial risks\ndiv 3.2.11 hdg ins SL2023-19 s 4\nMeaning of psychosocial hazard—div 3.2.11\ns 55A ins SL2023-19 s 4\nMeaning of psychosocial risk—div 3.2.11\ns 55B ins SL2023-19 s 4\nManaging psychosocial risks\ns 55C ins SL2023-19 s 4\nsub A2024-15 s 36\nPsychosocial risks—control measures\ns 55D ins SL2023-19 s 4\nam A2024-15 s 37\nManaging risk of hearing loss from noise—Act, s 19\ns 57 am A2024-15 s 41\n\nAudiometric testing\ns 58 am A2024-15 s 41\nDuties of designers, manufacturers, importers and suppliers of plant\ns 59 am A2024-15 s 41\nDuties of designers, manufacturers, importers and suppliers of plant or\ns 61 am A2024-15 s 41\nApplication to emergency services workers\ns 63 hdg sub A2017-4 amdt 3.219\ns 63 am A2017-4 amdt 3.220\nDuty to eliminate or minimise risk\ns 64 am A2024-15 s 41\nEntry into confined space must comply with this division\ns 65 am A2024-15 s 41\nManaging risks to health and safety—Act, s 19\ns 66 am A2024-15 s 40, s 42\nConfined space entry permit\ns 67 am A2024-15 s 41\nSignage\ns 68 am A2024-15 s 40\nCommunication and safety monitoring\ns 69 am A2024-15 s 41\nSpecific control—connected plant and services\ns 70 am A2024-15 s 40\nSpecific control—atmosphere\ns 71 am A2024-15 s 41\nSpecific control—flammable gases and vapours\ns 72 am A2024-15 s 41\nSpecific control—fire and explosion\ns 73 am A2024-15 s 41\nEmergency procedures\ns 74 am A2024-15 s 41\nPersonal protective equipment in emergencies\ns 75 am A2024-15 s 41\nInformation, training and instruction for workers\ns 76 am A2024-15 s 41, s 42\nConfined space entry permit and risk assessment must be kept\ns 77 am A2024-15 s 40, s 42\n\nManagement of risk of fall—Act, s 19\ns 78 am A2024-15 s 41\nSpecific requirements to minimise risk of fall\ns 79 am A2024-15 s 41\nEmergency and rescue procedures\ns 80 am A2024-15 s 41\nExceptions\ns 82 am SL2014-20 s 7, s 8\nDuty of person conducting business or undertaking to ensure direct\nsupervision\ns 84 am A2024-15 s 41\nEvidence of licence—duty of person conducting business or undertaking\ns 85 am SL2014-20 ss 9-11; A2024-15 s 40, s 42\nApplication for high risk work licence\ns 87 am SL2014-20 s 12, s 13\ns 91A ins SL2014-20 s 14\nam SL2020-27 s 5\ns 93 am SL2014-20 s 15\ns 94 am A2024-15 s 42\nNotice of change of address\ns 96 am SL2016-29 s 6; A2024-15 s 42\nLicence-holder to return licence\ns 97 am A2024-15 s 42\ns 98 am SL2016-29 s 7; A2024-15 s 42\ns 101 am SL2014-20 s 16\ns 104 am SL2014-20 s 17, s 18\nSuspension or cancellation of licence\ns 106 am SL2014-20 ss 19-21\nNotice to and submissions by licence-holder\ns 108 sub SL2014-20 s 22\ns 109 am SL2014-20 s 23\n\nLicence-holder to return licence document\ns 111 am A2024-15 s 42\nNotice of demolition work\ns 142 am SL2014-27 ss 4-7; A2015–6 amdt 1.19; A2017-4\namdt 3.221; A2020-20 amdt 1.24; A2024-15 s 42\nMeaning of electrical equipment—pt 4.7\ns 144 am SL2023-19 s 5\nUnsafe electrical equipment\ns 149 am A2024-15 s 40\nInspection and testing of electrical equipment\ns 150 am A2024-15 s 40, s 42\nUntested electrical equipment not to be used\ns 151 am A2024-15 s 40\nApplication—div 4.7.4\ns 152 am SL2014-20 s 24\nElectrical work on energised electrical equipment—prohibited\ns 154 am A2024-15 s 41\nDuty to determine whether equipment is energised\ns 155 am A2024-15 s 41\nDe-energised equipment must not be inadvertently re-energised\ns 156 am A2024-15 s 41\nElectrical work on energised electrical equipment—when permitted\ns 157 am A2024-15 s 41\nPreliminary steps\ns 158 am A2024-15 s 41\nUnauthorised access to equipment being worked on\ns 159 am A2024-15 s 41\nContact with equipment being worked on\ns 160 am A2024-15 s 41\nHow the work is to be carried out\ns 161 am SL2014-20 s 25; A2024-15 s 41\nRecord keeping\ns 162 am A2024-15 s 40, s 42\nDuty of person conducting business or undertaking\ns 163 am SL2023-19 s 6; A2024-15 s 41\nUse of socket outlets in hostile operating environment\ns 164 am A2024-15 s 41\n\nTesting of residual current devices\ns 165 am A2024-15 s 40, s 42\nDuty of person conducting a business or undertaking\ns 166 am A2016-24 s 67; A2024-15 s 41\nPurpose—pt 4.8\ns 167 am SL2014-20 s 26\nPerson conducting business or undertaking must ensure fitness of workers\ns 168 am A2024-15 s 41\nCertificate of medical fitness\ns 169 am SL2014-20 s 27\nDuty to keep certificate of medical fitness\ns 170 am A2024-15 s 42\nCompetence of worker—general diving work—qualifications—Act, s 44\ns 171 hdg sub SL2020-27 s 6\ns 171 sub SL2014-20 s 28\nam SL2020-27 ss 7-9\nCompetence of worker—general diving work—knowledge and skill—\ns 171A hdg sub SL2020-27 s 10\ns 171A ins SL2014-20 s 28\nam SL2020-27 s 11, s 12\nCompetence of worker—incidental diving work—Act, s 44\ns 172 am SL2014-20 s 29\nCompetence of worker—limited scientific diving work—Act, s 44\ns 173 am SL2014-20 s 30; SL2020-27 s 13\nCompetence of competent person supervising general diving work—\ns 174 am SL2014-20 s 31\nEvidence of competence—duty of person conducting business or\ns 175 am A2024-15 s 42\nManagement of risks to health and safety—Act, s 19\ns 176 am A2024-15 s 40, s 42\nAppointment of competent person to supervise diving work\ns 177 am A2024-15 s 41\nAdditional control—dive plan\ns 178 am A2024-15 s 41\nDive plan must be complied with\ns 179 am A2024-15 s 41\n\nAdditional control—dive safety log to be kept\ns 180 am A2024-15 s 42\nUse of dive safety log\ns 181 am A2024-15 s 42\nRecord keeping\ns 182 am A2024-15 s 40, s 42\nDuties of person conducting business or undertaking—Act, s 44\ns 183 am SL2020-27 s 14; A2024-15 s 41\nDuty of worker—competence—Act, s 44\ns 184 am SL2020-27 s 14\nProvision of information to manufacturer\ns 187 am A2024-15 s 40\nHazard identified in design during manufacture\ns 188 am A2024-15 s 40\ns 189 am A2024-15 s 41\nOperational controls\ns 190 am A2024-15 s 41\nEmergency stop controls\ns 191 am A2024-15 s 41\nWarning devices\ns 192 am A2024-15 s 41\nControl of risk—Act, s 23\ns 193 am A2024-15 s 41\ns 194 am A2024-15 s 41\nInformation must be obtained and provided\ns 195 am A2024-15 s 40\nInformation to be obtained and provided by importer\ns 196 am A2024-15 s 40\nControl of risk\ns 197 am A2024-15 s 41\nInformation to be obtained and provided by supplier\ns 198 am A2024-15 s 40\nSupply of second-hand plant—duties of supplier\ns 199 am A2024-15 s 41\n\nSecond-hand plant to be used for scrap or spare parts\ns 200 am A2024-15 s 40\nconstruct or commission plant\ns 201 am A2024-15 s 41\nconstruct or commission structures\ns 202 am A2024-15 s 41\nControl of risks arising from installation or commissioning\ns 204 am A2024-15 s 41\nPreventing unauthorised alterations to or interference with plant\ns 205 am A2024-15 s 41\nProper use of plant and controls\ns 206 am A2024-15 s 41\nPlant not in use\ns 207 am A2024-15 s 41\ns 208 am A2024-15 s 41\nGuarding and insulation from heat and cold\ns 209 am A2024-15 s 41\nOperational controls\ns 210 am A2024-15 s 41\nEmergency stops\ns 211 am A2024-15 s 41\nWarning devices\ns 212 am A2024-15 s 41\nMaintenance and inspection of plant\ns 213 am A2024-15 s 40\nPowered mobile plant—specific control measures\ns 215 am SL2014-20 s 32; A2024-15 s 41\nRoll-over protection on tractors\ns 216 am A2024-15 s 41\nProtective structures on earthmoving machinery\ns 217 om SL2014-20 s 33\nIndustrial lift trucks\ns 218 am A2024-15 s 41\nPlant that lifts or suspends loads\ns 219 am A2024-15 s 41\n\nPlant used in connection with tree lopping\ns 221 am SL2023-19 s 7, s 8\nIndustrial robots\ns 222 am A2024-15 s 41\nLasers\ns 223 am SL2022-12 s 4; A2024-15 s 41\nPressure equipment\ns 224 am A2024-15 s 40\nScaffolds\ns 225 am A2024-15 s 41\nPlant with presence-sensing safeguarding system—records\ns 226 am A2024-15 s 42\nRecords and information\ns 228 am A2024-15 s 42\nRecord of standards or engineering principles used\ns 229 am A2024-15 s 42\nRecords to be available for inspection\ns 230 am A2024-15 s 42\nDuty of persons conducting businesses or undertakings that manufacture\ns 231 am A2024-15 s 41\nDuty of persons conducting businesses or undertakings that import plant\ns 232 am A2024-15 s 41\nDuty of persons conducting businesses or undertakings that supply plant\ns 233 am A2024-15 s 41\nDuty of persons conducting businesses or undertakings that commission\ns 234 am A2024-15 s 41\nMajor inspection of registered mobile cranes and tower cranes\ns 235 am SL2014-20 ss 34-36; A2024-15 s 40\nLifts\ns 236 am A2024-15 s 40\nRecords of plant\ns 237 am A2024-15 s 42\nControl measures for amusement devices and passenger ropeways\nsdiv 5.2.4.2 hdg sub SL2014-20 s 37\n\nOperation of amusement devices and passenger ropeways\ns 238 sub SL2014-20 s 38\nam A2022-23 s 48; A2024-15 s 41\nStorage of amusement devices and passenger ropeways\ns 239 sub SL2014-20 s 38\nMaintenance, inspection and testing of amusement devices and passenger\ns 240 sub SL2014-20 s 38\nAnnual inspection of amusement devices and passenger ropeways\ns 241 sub SL2014-20 s 38\nLog book and manuals for amusement device\ns 242 am A2022-23 ss 49-53; A2024-15 s 42\nAltered plant designs to be registered—Act, s 42\ns 244 am SL2014-20 s 39\nWho can be the design verifier\ns 252 am SL2014-20 s 40\nDuty of design verifier\ns 253 am A2024-15 s 40\nDesign verification statements not to be made in certain circumstances\ns 254 am A2024-15 s 40\nPlant design registration number\ns 260 am A2024-15 s 42\nRegistration document to be available\ns 262 am A2024-15 s 42\nApplication for registration\ns 266 am SL2014-20 s 41, s 42\ns 269 am SL2014-20 s 43\nPlant registration number\ns 273 am A2024-15 s 42\nRegistration document to be available\ns 275 am A2024-15 s 42\ns 282 am A2024-15 s 42\n\nRegistration holder to return registration document\ns 287 am A2024-15 s 42\nReplacement registration document\ns 288 am SL2016-29 s 8; A2024-15 s 42\nCancellation of registration\ndiv 5.3.6 hdg ins SL2014-20 s 44\nApplication—div 5.3.6\ns 288A ins SL2014-20 s 44\nRegulator may cancel registration\ns 288B ins SL2014-20 s 44\nCancellation process\ns 288C ins SL2014-20 s 44\nRegistration holder to return registration document\ns 288D ins SL2014-20 s 44\nMeaning of high risk construction work—ch 6\ns 291 am SL2014-32 s 4; A2017-21 amdt 1.39, amdt 1.40;\nSL2022-15 s 4, s 5; SL2024-8 s 5, s 6\nMeaning of construction project—ch 6\ns 292 sub SL2014-32 s 5\nam A2015–6 amdt 1.20; A2020-20 amdt 1.25\nPerson who commissions work must consult with designer\ns 294 am A2024-15 s 40\nDesigner must give safety report to person who commissions design\ns 295 am A2024-15 s 40\nPerson who commissions project must give information to principal\ns 296 am A2024-15 s 40\nSecurity of workplace\ns 298 am A2024-15 s 40\nSafe work method statement required for high risk construction work\ns 299 am A2024-15 s 41\nCompliance with safe work method statement\ns 300 am A2024-15 s 41\nSafe work method statement—copy to be given to principal contractor\ns 301 am A2024-15 s 40\nReview of safe work method statement\ns 302 am A2024-15 s 40\n\nSafe work method statement must be kept\ns 303 am A2024-15 s 40, s 42\nExcavation work—underground essential services information\ns 304 am A2024-15 s 40, s 42\nAdditional controls—trenches\ns 306 am A2024-15 s 41\nSpecific control measure—signage identifying principal contractor\ns 308 am A2024-15 s 40\nWHS management plan—preparation\ns 309 am A2024-15 s 41\nWHS management plan—duty to inform\ns 310 am A2024-15 s 40\nWHS management plan—review\ns 311 am A2024-15 s 40\nHigh risk construction work—safe work method statements\ns 312 am A2024-15 s 40\nCopy of WHS management plan must be kept\ns 313 am A2024-15 s 40, s 42\nFurther health and safety duties—specific regulations\ns 314 am A2024-15 s 41\nDuty to provide general construction induction training\ns 316 am A2024-15 s 40\nDuty to ensure worker has been trained\ns 317 am A2024-15 s 40\nRecognition of general construction induction training cards issued in other\ns 318 sub SL2014-20 s 45\nDuty of worker—competence—Act, s 44\ns 319 am SL2020-27 s 15\nDuties of workers\ns 326 am A2024-15 s 42\nAlteration of general construction induction training card\ns 327 am A2024-15 s 40\nHazardous chemicals\nch 7 hdg ins SL2018-2 s 6\nHazardous chemicals\npt 7.1 hdg ins SL2018-2 s 6\n\nApplication—pt 7.1\ndiv 7.1.1 hdg ins SL2018-2 s 6\nApplication—pt 7.1\ns 328 ins SL2018-2 s 6\nObligations relating to safety data sheets and other matters\ndiv 7.1.2 hdg ins SL2018-2 s 6\nObligations of manufacturers and importers\nsdiv 7.1.2.1 hdg ins SL2018-2 s 6\nClassification of hazardous chemicals\ns 329 ins SL2018-2 s 6\nManufacturer or importer to prepare and provide safety data sheets\ns 330 ins SL2018-2 s 6\nSafety data sheets—research chemical, waste product or sample for analysis\ns 331 ins SL2018-2 s 6\nEmergency disclosure of chemical identities to registered medical\ns 332 ins SL2018-2 s 6\nEmergency disclosure of chemical identities to emergency service worker\ns 333 ins SL2018-2 s 6\nPacking hazardous chemicals\ns 334 ins SL2018-2 s 6\nLabelling hazardous chemicals\ns 335 ins SL2018-2 s 6\nObligations of suppliers\nsdiv 7.1.2.2 hdg ins SL2018-2 s 6\nRestriction on age of person who can supply hazardous chemicals\ns 336 ins SL2018-2 s 6\nRetailer or supplier packing hazardous chemicals\ns 337 ins SL2018-2 s 6\n\nSupplier labelling hazardous chemicals\ns 338 ins SL2018-2 s 6\nam SL2022-12 s 5\nSupplier to provide safety data sheets\ns 339 ins SL2018-2 s 6\nSupply of prohibited and restricted carcinogens\ns 340 ins SL2018-2 s 6\nObligations of persons conducting businesses or undertakings\nsdiv 7.1.2.3 hdg ins SL2018-2 s 6\nLabelling hazardous chemicals—general requirement\ns 341 ins SL2018-2 s 6\nam SL2022-12 s 6; A2024-15 s 41\nLabelling hazardous chemicals—containers\ns 342 ins SL2018-2 s 6\nam SL2022-12 s 7, s 8; A2024-15 s 41\nLabelling hazardous chemicals—pipe work\ns 343 ins SL2018-2 s 6\nPerson conducting business or undertaking to obtain and give access to\nsafety data sheets\ns 344 ins SL2018-2 s 6\nChanges to safety data sheets\ns 345 ins SL2018-2 s 6\nRegister and manifest of hazardous chemicals\ndiv 7.1.3 hdg ins SL2018-2 s 6\nHazardous chemicals register\nsdiv 7.1.3.1 hdg ins SL2018-2 s 6\nHazardous chemicals register\ns 346 ins SL2018-2 s 6\nManifest of Schedule 11 hazardous chemicals\nsdiv 7.1.3.2 hdg ins SL2018-2 s 6\nManifest of hazardous chemicals\ns 347 ins SL2018-2 s 6\n\nRegulator must be notified if manifest quantities to be exceeded\ns 348 ins SL2018-2 s 6\nPlacards\ndiv 7.1.4 hdg ins SL2018-2 s 6\nOuter warning placards—requirement to display\ns 349 ins SL2018-2 s 6\nPlacard—requirement to display\ns 350 ins SL2018-2 s 6\ndiv 7.1.5 hdg ins SL2018-2 s 6\nGeneral obligations relating to management of risk\nsdiv 7.1.5.1 hdg ins SL2018-2 s 6\nManagement of risks to health or safety—Act, s 19\ns 351 ins SL2018-2 s 6\nReview of control measures\ns 352 ins SL2018-2 s 6\nSafety signs\ns 353 ins SL2018-2 s 6\nIdentification of risk of physical or chemical reaction\ns 354 ins SL2018-2 s 6\nSpecific control—fire and explosion\ns 355 ins SL2018-2 s 6\nKeeping hazardous chemicals stable\ns 356 ins SL2018-2 s 6\nSpills and damage\nsdiv 7.1.5.2 hdg ins SL2018-2 s 6\nContaining and managing spills\ns 357 ins SL2018-2 s 6\n\nProtecting hazardous chemicals from damage\ns 358 ins SL2018-2 s 6\nEmergency plans and safety equipment\nsdiv 7.1.5.3 hdg ins SL2018-2 s 6\nFire protection and firefighting equipment\ns 359 ins SL2018-2 s 6\nEmergency equipment\ns 360 ins SL2018-2 s 6\nEmergency plans\ns 361 ins SL2018-2 s 6\nSafety equipment\ns 362 ins SL2018-2 s 6\nStorage and handling systems\nsdiv 7.1.5.4 hdg ins SL2018-2 s 6\nControl of risks from storage or handling systems\ns 363 ins SL2018-2 s 6\nContainers for hazardous chemicals used, handled or stored in bulk\ns 364 ins SL2018-2 s 6\nStopping use and disposing of handling systems\ns 365 ins SL2018-2 s 6\nStopping use of underground storage and handling systems\ns 366 ins SL2018-2 s 6\nNotification of abandoned tank\ns 367 ins SL2018-2 s 6\ndiv 7.1.6 hdg ins SL2018-2 s 6\nDuty to provide health monitoring\ns 368 ins SL2018-2 s 6\n\nDuty to inform of health monitoring\ns 369 ins SL2018-2 s 6\nDuty to ensure that appropriate health monitoring is provided\ns 370 ins SL2018-2 s 6\nDuty to ensure health monitoring is supervised by registered medical\npractitioner with experience\ns 371 ins SL2018-2 s 6\ns 372 ins SL2018-2 s 6\ns 373 ins SL2018-2 s 6\ns 374 ins SL2018-2 s 6\ns 375 ins SL2018-2 s 6\ns 376 ins SL2018-2 s 6\ns 377 ins SL2018-2 s 6\ns 378 ins SL2018-2 s 6\nInduction, information, training and supervision\ndiv 7.1.7 hdg ins SL2018-2 s 6\nDuty to provide supervision\ns 379 ins SL2018-2 s 6\nProhibition, authorisation and restricted use\ndiv 7.1.8 hdg ins SL2018-2 s 6\n\nUsing, handling and storing prohibited carcinogens\ns 380 ins SL2018-2 s 6\nUsing, handling and storing restricted carcinogens\ns 381 ins SL2018-2 s 6\nUsing, handling and storing restricted hazardous chemicals\ns 382 ins SL2018-2 s 6\nApplication for authorisation to use, handle or store prohibited and\nrestricted carcinogens\ns 383 ins SL2018-2 s 6\nAuthorisation to use, handle or store prohibited carcinogens and restricted\ncarcinogens\ns 384 ins SL2018-2 s 6\nChanges to information in application to be reported\ns 385 ins SL2018-2 s 6\nRegulator may cancel authorisation\ns 386 ins SL2018-2 s 6\nStatement of exposure to be given to workers\ns 387 ins SL2018-2 s 6\nRecords to be kept\ns 388 ins SL2018-2 s 6\nPipelines\ndiv 7.1.9 hdg ins SL2018-2 s 6\nManagement of risk by pipeline owner\ns 389 ins SL2018-2 s 6\nPipeline builder’s duties\ns 390 ins SL2018-2 s 6\nManagement of risks to health and safety by pipeline operator—Act, s 19\ns 391 ins SL2018-2 s 6\nLead\npt 7.2 hdg ins SL2018-2 s 6\nLead process\ndiv 7.2.1 hdg ins SL2018-2 s 6\n\nMeaning of lead process—pt 7.2\ns 392 ins SL2018-2 s 6\nRegulator may decide lead process\ns 393 ins SL2018-2 s 6\nMeaning of lead risk work—pt 7.2\ns 394 ins SL2018-2 s 6\nam SL2020-27 s 16, s 17\nDuty to give information about health risks of lead process\ns 395 ins SL2018-2 s 6\nControl of risk\ndiv 7.2.2 hdg ins SL2018-2 s 6\nContainment of lead contamination\ns 396 ins SL2018-2 s 6\nCleaning methods\ns 397 ins SL2018-2 s 6\nProhibition on eating, drinking and smoking\ns 398 ins SL2018-2 s 6\nProvision of changing and washing facilities\ns 399 ins SL2018-2 s 6\nLaundering, disposal and removal of personal protective equipment\ns 400 ins SL2018-2 s 6\nReview of control measures\ns 401 ins SL2018-2 s 6\nLead risk work\ndiv 7.2.3 hdg ins SL2018-2 s 6\nIdentifying lead risk work\ns 402 ins SL2018-2 s 6\nNotification of lead risk work\ns 403 ins SL2018-2 s 6\n\nChanges to information in notification of lead risk work\ns 404 ins SL2018-2 s 6\ndiv 7.2.4 hdg ins SL2018-2 s 6\nDuty to provide health monitoring before first commencing lead risk work\ns 405 ins SL2018-2 s 6\nDuty to ensure that appropriate health monitoring is provided\ns 406 ins SL2018-2 s 6\nFrequency of biological monitoring\ns 407 ins SL2018-2 s 6\nam SL2020-27 ss 18-22; A2024-15 s 41\nDuty to ensure health monitoring is supervised by registered medical\npractitioner with relevant experience\ns 408 ins SL2018-2 s 6\ns 409 ins SL2018-2 s 6\ns 410 ins SL2018-2 s 6\ns 411 ins SL2018-2 s 6\ns 412 ins SL2018-2 s 6\ns 413 ins SL2018-2 s 6\ns 414 ins SL2018-2 s 6\nRemoval of worker from lead risk work\ns 415 ins SL2018-2 s 6\nam SL2020-27 s 23, s 24; A2024-15 s 40, s 41\n\nDuty to ensure medical examination if worker removed from lead risk work\ns 416 ins SL2018-2 s 6\nReturn to lead risk work after removal\ns 417 ins SL2018-2 s 6\nam SL2020-27 s 25, s 26; A2024-15 s 41\ns 418 ins SL2018-2 s 6\nCrystalline silica\nch 7A hdg ins SL2022-12 s 9\nsub SL2022-12 amdt 1.1\npt 7A.1 hdg ins SL2024-8 s 7\nDefinitions—ch 7A\ns 418A ins SL2022-12 s 9\nsub SL2022-13 s 4\nam R37 LA\nsub SL2022-12 amdt 1.1; SL2022-13 amdt 1.1; SL2022-15\namdt 1.1\nam SL2024-8 s 17\ndef additional crystalline silica control measure ins\nSL2022-13 s 4\nom SL2022-15 s 6\ndef airborne crystalline silica ins SL2022-12 s 9\ndef Class H vacuum ins SL2022-15 s 7\ndef Class H vacuum cleaner ins SL2022-12 s 9\nom SL2022-13 amdt 1.1\ndef Class M vacuum ins SL2022-15 s 7\ndef Class M vacuum cleaner ins SL2022-12 s 9\nom SL2022-13 amdt 1.1\ndef crystalline silica ins SL2024-8 s 8\n\ndef crystalline silica control measure ins SL2022-15 s 7\nsub SL2024-8 s 9\ndef crystalline silica material ins SL2022-15 s 7\nsub SL2024-8 s 9\ndef cut ins SL2022-12 s 9\nom SL2024-8 s 10\ndef engineered stone ins SL2022-13 s 4\nins SL2023-19 s 9\nsub SL2024-8 s 11\ndef high risk crystalline silica work ins SL2022-12 amdt 1.1\nsub SL2022-13 amdt 1.1; SL2022-15 amdt 1.1\ndef local exhaust ventilation system ins SL2022-12 s 9\ndef material containing crystalline silica ins SL2022-12 s 9\nsub SL2022-13 s 4\nom SL2022-15 s 8\nsub SL2022-13 amdt 1.1\ndef mechanical method ins SL2024-8 s 12\ndef mechanical process ins SL2022-13 s 4\nom SL2024-8 s 13\ndef porcelain product ins SL2024-8 s 14\ndef process ins SL2024-8 s 14\ndef respiratory protective equipment ins SL2022-12 s 9\nam SL2024-8 s 15\ndef sintered stone ins SL2024-8 s 16\ndef stone-substitute material ins SL2024-8 s 16\ndef wet dust suppression method ins SL2022-13 s 4\nam SL2022-15 s 9, s 10\n\nGeneral controls on work involving crystalline silica material\npt 7A.2 hdg ins SL2024-8 s 18\nDry processing of stone-substitute material—prohibition\ns 418B hdg sub SL2024-8 s 19\ns 418B ins SL2022-12 s 9\nsub SL2022-13 s 4; SL2022-15 s 11; SL2022-12 amdt 1.1;\nSL2022-13 amdt 1.1; SL2022-15 amdt 1.1\nam SL2024-8 s 20, s 21; A2024-15 s 41\nUncontrolled processing of other crystalline silica material—prohibition\ns 418BAA hdg sub SL2024-8 s 22\ns 418BAA ins SL2022-15 s 11\nam SL2024-8 s 23; A2024-15 s 41\nUncontrolled dry cutting of material containing crystalline silica—transitional\ns 418BA ins SL2022-13 s 4\nexp 1 November 2022 (s 418BA (3))\nControl measures for processing stone-substitute material\ns 418C hdg sub SL2024-8 s 24\ns 418C ins SL2022-12 s 9\nam SL2022-13 s 5\nsub SL2022-15 s 12; SL2022-12 amdt 1.1\nam SL2022-13 amdt 1.2\nam SL2024-8 ss 25-27; A2024-15 s 41\nControl measures for processing other crystalline silica material\ns 418CAA hdg sub SL2024-8 s 28\ns 418CAA ins SL2022-15 s 12\nam SL2024-8 s 29, s 30; A2024-15 s 41\nEffective control measures for cutting material containing crystalline silica—\ns 418CA ins SL2022-13 s 6\nexp 1 November 2022 (s 418CA (3))\nDuty to train workers about crystalline silica awareness\ns 418D ins SL2022-12 amdt 1.1\nEngineered stone\npt 7A.3 hdg ins SL2024-8 s 31\n\ndiv 7A.3.1 hdg ins SL2024-8 s 31\nMeaning of processing—pt 7A.3\ns 418E ins SL2024-8 s 31\nWork involving engineered stone benchtops, panels or slabs\ndiv 7A.3.2 hdg ins SL2024-8 s 31\nWork involving engineered stone benchtops, panels or slabs—prohibition\ns 418F ins SL2024-8 s 31\nam SL2024-8 amdt 1.1\nWork involving engineered stone benchtops, panels or slabs—exception for\nparticular supply and installation\ns 418G ins SL2024-8 s 31\nWork involving engineered stone benchtops, panels or slabs—exception for\nparticular processing\ns 418H ins SL2024-8 s 31\nRegulator to be notified of particular processing of engineered stone\ndiv 7A.3.3 hdg ins SL2024-8 s 32\nNotification of particular processing of engineered stone\ns 418I ins SL2024-8 s 32\nam SL2024-8 amdt 1.2\nDuty to keep notice given under div 7A.3.3\ns 418J ins SL2024-8 s 32\nam SL2024-8 amdt 1.3\nAsbestos\nch 8 hdg ins SL2014-10 s 4\nProhibitions and authorised conduct\npt 8.1 hdg ins SL2014-32 s 6\nWork involving asbestos or ACM—prohibitions and exceptions\ns 419 ins SL2014-32 s 6\nam A2020-30 amdt 1.13; A2024-15 s 41; SL2025-26 s 4\nGeneral duty\npt 8.2 hdg ins SL2014-32 s 6\nExposure to airborne asbestos at workplace—Act, s 19\ns 420 ins SL2014-32 s 6\nManagement of asbestos and associated risks\npt 8.3 hdg ins SL2014-32 s 6\n\nApplication—pt 8.3\ns 421 ins SL2014-32 s 6\nAsbestos to be identified or assumed at workplace\ns 422 ins SL2014-32 s 6\nAsbestos risk assessment\ns 422A ins SL2014-32 s 6\nAsbestos risk assessment—review\ns 422B ins SL2014-32 s 6\nAnalysis of sample\ns 423 ins SL2014-32 s 6\nPresence and location of asbestos to be indicated\ns 424 ins SL2014-32 s 6\nAsbestos register\ns 425 ins SL2014-32 s 6\nReview of asbestos register\ns 426 ins SL2014-32 s 6\nAccess to asbestos register\ns 427 ins SL2014-32 s 6\nTransfer of asbestos register by person relinquishing management or\ncontrol\ns 428 ins SL2014-32 s 6\nAsbestos management plan\ns 429 ins SL2014-32 s 6\nReview of asbestos management plan\ns 430 ins SL2014-32 s 6\nManagement of naturally occurring asbestos\npt 8.4 hdg ins SL2014-32 s 6\nNaturally occurring asbestos—Act, s 20\ns 431 ins SL2014-32 s 6\n\nNaturally occurring asbestos—asbestos management plan\ns 432 ins SL2014-32 s 6\nNaturally occurring asbestos—review of asbestos management plan\ns 433 ins SL2014-32 s 6\nTraining in relation to naturally occurring asbestos\ns 434 ins SL2014-32 s 6\nam SL2019-3 s 4; A2024-15 s 41\nAsbestos at the workplace\npt 8.5 hdg ins SL2014-32 s 6\ndiv 8.5.1 hdg ins SL2014-32 s 6\nDuty to provide health monitoring\ns 435 ins SL2014-32 s 6\nDuty to ensure appropriate health monitoring provided\ns 436 ins SL2014-32 s 6\nDuty to ensure health monitoring supervised by registered medical\npractitioner with relevant experience\ns 437 ins SL2014-32 s 6\ns 438 ins SL2014-32 s 6\ns 439 ins SL2014-32 s 6\ns 440 ins SL2014-32 s 6\ns 441 ins SL2014-32 s 6\ns 442 ins SL2014-32 s 6\n\ns 443 ins SL2014-32 s 6\ns 444 ins SL2014-32 s 6\nTraining\ndiv 8.5.2 hdg ins SL2014-32 s 6\nDuty to train workers about asbestos awareness\ns 445 hdg sub SL2019-3 s 5\ns 445 ins SL2014-10 s 4\nam SL2018-2 ss 7-9; A2024-15 s 41, s 42\nDuty to train workers about working with asbestos\ns 445A ins SL2019-3 s 6\nControl on use of certain equipment\ndiv 8.5.3 hdg ins SL2014-32 s 6\nDuty to limit use of equipment\ns 446 ins SL2014-32 s 6\nDemolition and refurbishment\npt 8.6 hdg ins SL2014-32 s 6\nApplication—pt 8.6\ns 447 ins SL2014-32 s 6\nam SL2025-26 s 5\nReview of asbestos register\ns 448 ins SL2014-32 s 6\nDuty to give asbestos register to person conducting business or undertaking\nof demolition or refurbishment\ns 449 ins SL2014-32 s 6\nDuty to obtain asbestos register\ns 450 ins SL2014-32 s 6\nDetermining presence of asbestos or ACM\ns 451 ins SL2014-32 s 6\n\nIdentification and removal of asbestos before demolition\ns 452 ins SL2014-32 s 6\nIdentification and removal of asbestos before demolition of residential\npremises\ns 453 ins SL2014-32 s 6\nEmergency procedure\ns 454 ins SL2014-32 s 6\nEmergency procedure—residential premises\ns 455 ins SL2014-32 s 6\nIdentification and removal of asbestos before refurbishment\ns 456 ins SL2014-32 s 6\nRefurbishment of residential premises\ns 457 ins SL2014-32 s 6\nAsbestos removal work\npt 8.7 hdg ins SL2014-32 s 6\nDuty to ensure asbestos removalist is licensed\ns 458 ins SL2014-32 s 6\nam A2015-12 s 48; A2024-15 s 41\nAsbestos removal supervisor must be present\ns 459 ins SL2014-32 s 6\nAsbestos removal worker must be trained\ns 460 ins SL2014-32 s 6\nLicensed asbestos removalist must keep training records\ns 461 ins SL2014-32 s 6\nDuty to give information about health risks of licensed asbestos removal\nwork\ns 462 ins SL2014-32 s 6\nAsbestos removalist must obtain register\ns 463 ins SL2014-32 s 6\n\nAsbestos removal control plan\ns 464 ins SL2014-32 s 6\nAsbestos removal control plan to be kept and available\ns 465 ins SL2014-32 s 6\nRegulator must be notified of asbestos removal\ns 466 ins SL2014-27 s 8\nam SL2016-29 s 9; A2024-15 s 40\nLicensed asbestos removalist must inform certain persons about intended\ns 467 ins SL2014-32 s 6\nPerson with management or control of workplace must inform persons about\ns 468 ins SL2014-32 s 6\nSignage and barricades for asbestos removal work\ns 469 ins SL2014-32 s 6\nLimiting access to asbestos removal area\ns 470 ins SL2014-32 s 6\nDecontamination facilities\ns 471 ins SL2014-32 s 6\nDisposing of asbestos waste and contaminated personal protective\ns 472 ins SL2014-32 s 6\nClearance inspection\ns 473 ins SL2014-32 s 6\nClearance certificates\ns 474 ins SL2014-32 s 6\nAsbestos removal requiring Class A asbestos removal licence\npt 8.8 hdg ins SL2014-32 s 6\nsub SL2016-29 s 10\n\nAir monitoring—asbestos removal requiring Class A asbestos removal\ns 475 hdg sub SL2016-29 s 11\ns 475 ins SL2014-32 s 6\nAction if respirable asbestos fibre level too high\ns 476 ins SL2014-32 s 6\nRemoving friable asbestos\ns 477 ins SL2014-32 s 6\nAsbestos-related work\npt 8.9 hdg ins SL2014-32 s 6\nApplication—pt 8.9\ns 478 ins SL2014-32 s 6\nUncertainty as to presence of asbestos\ns 479 ins SL2014-32 s 6\nDuty to give information about health risks of asbestos-related work\ns 480 ins SL2014-32 s 6\nAsbestos-related work to be in separate area\ns 481 ins SL2014-32 s 6\nAir monitoring\ns 482 ins SL2014-32 s 6\nDecontamination facilities\ns 483 ins SL2014-32 s 6\nDisposing of asbestos waste and contaminated personal protective\ns 484 ins SL2014-32 s 6\nLicensing of asbestos removalists and asbestos assessors\npt 8.10 hdg ins SL2014-32 s 6\nAsbestos removalists—requirement to be licensed\ndiv 8.10.1 hdg ins SL2014-32 s 6\nRequirement to hold Class A asbestos removal licence\ns 485 ins SL2014-32 s 6\n\nException to requirement to hold Class A asbestos removal licence\ns 486 ins SL2014-32 s 6\nRequirement to hold Class B asbestos removal licence\ns 487 ins SL2014-32 s 6\nRecognition of asbestos removal licences in other jurisdictions\ns 488 ins SL2014-32 s 6\nam SL2022-12 s 10\nAsbestos assessors—requirement to be licensed\ndiv 8.10.2 hdg ins SL2014-32 s 6\nRequirement to hold asbestos assessor licence\ns 489 ins SL2014-32 s 6\nRecognition of asbestos assessor licences in other jurisdictions\ns 490 ins SL2014-32 s 6\nam SL2022-12 s 11\nLicensing process\ndiv 8.10.3 hdg ins SL2014-32 s 6\nWho may apply for licence\ns 491 ins SL2014-32 s 6\nApplication for asbestos removal licence or asbestos assessor licence\ns 492 ins SL2014-32 s 6\nContent of application—Class A asbestos removal licence\ns 493 ins SL2014-32 s 6\nContent of application—Class B asbestos removal licence\ns 494 ins SL2014-32 s 6\nContent of application—asbestos assessor licence\ns 495 ins SL2014-32 s 6\nAdditional information\ns 496 ins SL2014-32 s 6\ns 497 ins SL2014-32 s 6\nClass A asbestos removal licence—regulator to be satisfied about additional\ns 498 ins SL2014-32 s 6\nClass B asbestos removal licence—regulator to be satisfied about additional\ns 499 ins SL2014-32 s 6\ns 500 ins SL2014-32 s 6\n\nRefusal to grant licence—process\ns 501 ins SL2014-32 s 6\ns 502 ins SL2014-32 s 6\nam SL2020-27 s 27\nDuration of licence\ns 503 ins SL2014-32 s 6\ns 504 ins SL2014-32 s 6\ns 505 ins SL2014-32 s 6\nAmendment of licence and licence document\ndiv 8.10.4 hdg ins SL2014-32 s 6\ns 506 ins SL2014-32 s 6\nChange to nominated supervisor\ns 507 ins SL2014-32 s 6\nAmendment imposed by regulator\ns 508 ins SL2014-32 s 6\nAmendment on application by licence-holder\ns 509 ins SL2014-32 s 6\nMinor corrections to licence\ns 510 ins SL2014-32 s 6\nRegulator to give amended licence to holder\ns 511 ins SL2014-32 s 6\nLicence-holder to return licence\ns 512 ins SL2014-32 s 6\ns 513 ins SL2014-32 s 6\nam SL2016-29 s 12; A2024-15 s 42\nVoluntary surrender of licence\ns 514 ins SL2014-32 s 6\nRenewal of licence\ndiv 8.10.5 hdg ins SL2014-32 s 6\n\nRegulator may renew licence\ns 515 ins SL2014-32 s 6\ns 516 ins SL2014-32 s 6\ns 517 ins SL2014-32 s 6\nRenewal of asbestos removal licence—regulator to be satisfied about certain\ns 518 ins SL2014-32 s 6\nStatus of licence during review\ns 519 ins SL2014-32 s 6\nSuspension and cancellation of licence\ndiv 8.10.6 hdg ins SL2014-32 s 6\nSuspension or cancellation of licence\ns 520 ins SL2014-32 s 6\nMatters taken into account\ns 521 ins SL2014-32 s 6\nNotice to and submissions by licence-holder\ns 522 ins SL2014-32 s 6\ns 523 ins SL2014-32 s 6\nImmediate suspension\ns 524 ins SL2014-32 s 6\nLicence-holder to return licence document\ns 525 ins SL2014-32 s 6\nRegulator to return licence document after suspension\ns 526 ins SL2014-32 s 6\nGeneral\ndiv 8.10.7 hdg ins SL2014-32 s 6\nAsbestos removal licence register\ns 527 ins SL2014-32 s 6\nAsbestos assessors register\ns 528 ins SL2014-32 s 6\nWork must be supervised by named supervisor\ns 529 ins SL2014-32 s 6\n\nch 9 hdg ins SL2018-2 s 10\npt 9.1 hdg ins SL2018-2 s 10\nApplication and interpretation\ndiv 9.1.1 hdg ins SL2018-2 s 10\nThis chapter does not apply to certain facilities\ns 530 ins SL2018-2 s 10\nMeaning of major incident—ch 9\ns 531 ins SL2018-2 s 10\nMeaning of hazardous chemicals that are present or likely to be present\ns 532 ins SL2018-2 s 10\nMeaning of operator of a facility or proposed facility—ch 9\ns 533 ins SL2018-2 s 10\nMeaning of modification of a major hazard facility\ns 534 ins SL2018-2 s 10\nRequirement to be licensed\ndiv 9.1.2 hdg ins SL2018-2 s 10\nA major hazard facility must be licensed—Act, s 41\ns 535 ins SL2018-2 s 10\nDeterminations about major hazard facilities\npt 9.2 hdg ins SL2018-2 s 10\nOperators of certain facilities must notify regulator\ns 536 ins SL2018-2 s 10\nNotification—proposed facilities\ns 537 ins SL2018-2 s 10\nContent of notification\ns 538 ins SL2018-2 s 10\nWhen regulator may conduct inquiry\ns 539 ins SL2018-2 s 10\nInquiry procedure\ns 540 ins SL2018-2 s 10\nDetermination in relation to facility, on inquiry\ns 541 ins SL2018-2 s 10\nDetermination in relation to over-threshold facility\ns 542 ins SL2018-2 s 10\n\nSuitability of facility operator\ns 543 ins SL2018-2 s 10\nConditions on determination of major hazard facility\ns 544 ins SL2018-2 s 10\nNotice and effect of determinations\ns 545 ins SL2018-2 s 10\nWhen regulator may revoke a determination\ns 546 ins SL2018-2 s 10\nRe-notification if quantity of Schedule 15 chemicals increases\ns 547 ins SL2018-2 s 10\nNotification by new operator\ns 548 ins SL2018-2 s 10\nTime in which major hazard facility licence must be applied for\ns 549 ins SL2018-2 s 10\nDuties of operators of determined major hazard facilities\npt 9.3 hdg ins SL2018-2 s 10\nApplication—pt 9.3\ndiv 9.3.1 hdg ins SL2018-2 s 10\nApplication—pt 9.3\ns 550 ins SL2018-2 s 10\nDetermined major hazard facility—safety case outline\ndiv 9.3.2 hdg ins SL2018-2 s 10\nSafety case outline must be provided\ns 551 ins SL2018-2 s 10\nSafety case outline—content\ns 552 ins SL2018-2 s 10\nSafety case outline—alteration\ns 553 ins SL2018-2 s 10\nDetermined major hazard facility—management of risk\ndiv 9.3.3 hdg ins SL2018-2 s 10\nDetermined major hazard facility—identification of major incidents and major\nincident hazards\ns 554 ins SL2018-2 s 10\n\nDetermined major hazard facility—safety assessment\ns 555 ins SL2018-2 s 10\nDetermined major hazard facility—control of risk—Act, s 20\ns 556 ins SL2018-2 s 10\nDetermined major hazard facility—emergency plan\ns 557 ins SL2018-2 s 10\nDetermined major hazard facility—safety management system\ns 558 ins SL2018-2 s 10\nDetermined major hazard facility—review of risk management\ns 559 ins SL2018-2 s 10\nDetermined major hazard facility—safety case\ndiv 9.3.4 hdg ins SL2018-2 s 10\nSafety case must be provided\ns 560 ins SL2018-2 s 10\nSafety case—content\ns 561 ins SL2018-2 s 10\nCoordination for multiple facilities\ns 562 ins SL2018-2 s 10\nReview\ns 563 ins SL2018-2 s 10\nLicensed major hazard facilities—risk management\npt 9.4 hdg ins SL2018-2 s 10\nLicensed major hazard facility—identification of major incidents and major\nincident hazards\ns 564 ins SL2018-2 s 10\nLicensed major hazard facility—safety assessment\ns 565 ins SL2018-2 s 10\nLicensed major hazard facility—control of risk—Act, s 20\ns 566 ins SL2018-2 s 10\n\nLicensed major hazard facility—emergency plan\ns 567 ins SL2018-2 s 10\nLicensed major hazard facility—safety management system\ns 568 ins SL2018-2 s 10\nLicensed major hazard facility—review of risk management\ns 569 ins SL2018-2 s 10\nSafety case—review\ns 570 ins SL2018-2 s 10\nInformation for visitors\ns 571 ins SL2018-2 s 10\nInformation for local community—general\ns 572 ins SL2018-2 s 10\nInformation for local community—major incident\ns 573 ins SL2018-2 s 10\nConsultation and workers’ safety role\npt 9.5 hdg ins SL2018-2 s 10\nSafety role for workers\ns 574 ins SL2018-2 s 10\nOperator of major hazard facility must consult with workers—Act, s 49 (f)\ns 575 ins SL2018-2 s 10\nDuties of workers at licensed major hazard facilities\npt 9.6 hdg ins SL2018-2 s 10\nLicensed major hazard facility—duties of workers\ns 576 ins SL2018-2 s 10\nLicensing of major hazard facilities\npt 9.7 hdg ins SL2018-2 s 10\nLicensing process\ndiv 9.7.1 hdg ins SL2018-2 s 10\n\nWho may apply for a licence\ns 577 ins SL2018-2 s 10\nApplication for major hazard facility licence\ns 578 ins SL2018-2 s 10\nAdditional information\ns 579 ins SL2018-2 s 10\ns 580 ins SL2018-2 s 10\ns 581 ins SL2018-2 s 10\nWhen decision is to be made\ns 582 ins SL2018-2 s 10\nRefusal to grant major hazard facility licence—process\ns 583 ins SL2018-2 s 10\ns 584 ins SL2018-2 s 10\nam SL2020-27 s 28\nDuration of licence\ns 585 ins SL2018-2 s 10\ns 586 ins SL2018-2 s 10\ns 587 ins SL2018-2 s 10\nAmendment of licence and licence document\ndiv 9.7.2 hdg ins SL2018-2 s 10\ns 588 ins SL2018-2 s 10\nAmendment imposed by regulator\ns 589 ins SL2018-2 s 10\nAmendment on application by operator\ns 590 ins SL2018-2 s 10\nMinor corrections to major hazard facility licence\ns 591 ins SL2018-2 s 10\nRegulator to give amended licence document to operator\ns 592 ins SL2018-2 s 10\n\nOperator to return licence\ns 593 ins SL2018-2 s 10\ns 594 ins SL2018-2 s 10\nRenewal of major hazard facility licence\ndiv 9.7.3 hdg ins SL2018-2 s 10\nRegulator may renew licence\ns 595 ins SL2018-2 s 10\ns 596 ins SL2018-2 s 10\nLicence continues in force until application is decided\ns 597 ins SL2018-2 s 10\ns 598 ins SL2018-2 s 10\nStatus of major hazard facility licence during review\ns 599 ins SL2018-2 s 10\nTransfer of major hazard facility licence\ndiv 9.7.4 hdg ins SL2018-2 s 10\nTransfer of major hazard facility licence\ns 600 ins SL2018-2 s 10\nThis chapter does not apply to certain facilities\ndiv 9.7.5 hdg ins SL2018-2 s 10\nCancellation of major hazard facility licence—on operator’s application\ns 601 ins SL2018-2 s 10\nSuspension or cancellation of licence—on regulator’s initiative\ns 602 ins SL2018-2 s 10\ns 603 ins SL2018-2 s 10\nNotice to and submissions by operator\ns 604 ins SL2018-2 s 10\ns 605 ins SL2018-2 s 10\nImmediate suspension\ns 606 ins SL2018-2 s 10\n\nOperator to return licence document\ns 607 ins SL2018-2 s 10\nRegulator to return licence document after suspension\ns 608 ins SL2018-2 s 10\nWhich decisions under this regulation are reviewable\ns 676 table sub SL2014-20 s 46\ntable am SL2014-32 s 7; SL2018-2 s 11, s 12\nApplication\ns 677 am SL2018-2 s 13\nApplication for internal review\ns 678 am SL2018-2 s 14\nApplication for external review\ns 683 am SL2018-2 s 15\nGeneral power to grant exemptions\ns 684 am SL2018-2 s 16\ndiv 11.2.3 hdg ins SL2018-2 s 17\nMajor hazard facility—exemption\ns 688 ins SL2018-2 s 17\nMajor hazard facility—regulator to be satisfied about certain matters\ns 689 ins SL2018-2 s 17\nApplication for exemption\ns 690 ins SL2018-2 s 18\nCrystalline silica material\ndiv 11.2.5 hdg ins SL2024-8 s 33\nDefinitions—div 11.2.5\ns 698AA ins SL2024-8 s 33\ndef crystalline silica material ins SL2024-8 s 33\ndef engineered stone ins SL2024-8 s 33\nExemptions under corresponding WHS laws—work involving engineered\nstone\ns 698AB ins SL2024-8 s 33\nLicence register\npt 11.2A hdg ins SL2020-27 s 29\nLicence register\ns 698A ins SL2020-27 s 29\nam SL2021-1 s 4, s 5\n\nInspectors’ identity cards—Act, s 157 (1) (e)\ns 700 am SL2014-20 s 47\nConfidentiality of information—exception relating to administration or\nenforcement of other laws\ns 702 hdg sub A2024-15 s 38\ns 702 am A2024-15 s 39\nTransitional\nch 20 hdg exp 1 January 2015 (s 817)\nDefinitions\npt 20.1 hdg exp 1 January 2015 (s 817)\nDefinitions—ch 20\ns 800 exp 1 January 2015 (s 817)\ndef commencement day exp 1 January 2015 (s 817)\nGeneral\npt 20.2 hdg exp 1 January 2015 (s 817)\nDuty to prepare emergency plan\ns 801 exp 1 January 2013 (s 801 (3))\nAudiometric testing\ns 802 exp 1 January 2013 (s 802 (5))\nConfined space entry permit to be completed by competent person\ns 803 exp 1 January 2013 (s 803 (3))\nHigh risk work licences—competency requirements\ns 804 exp 1 January 2014 (s 804 (4))\nHigh risk work licences—VET courses\ns 805 exp 1 January 2015 (s 817)\nWork Safety Regulation 2009\npt 20.3 hdg exp 1 January 2013 (s 810)\nOld entry permit to be confined space entry permit\ns 806 exp 1 January 2013 (s 810)\nOld high risk work licences to be new high risk work licences\ns 807 exp 1 January 2013 (s 810)\nOld statement of attainment taken to be certification\ns 808 exp 1 January 2013 (s 810)\nOld construction induction training cards to be general construction\ninduction training cards\ns 809 exp 1 January 2013 (s 810)\nExpiry—pt 20.3\ns 810 exp 1 January 2013 (s 810)\n\nOccupational Health and Safety (Certification of Plant Users and Operators)\nRegulation 2000\npt 20.4 hdg exp 1 October 2014 (s 816)\nDefinitions—pt 20.4\ns 811 exp 1 October 2014 (s 816)\ndef certificate of competency exp 1 October 2014 (s 816)\ndef repealed instruments exp 1 October 2014 (s 816)\ndef repealed regulation exp 1 October 2014 (s 816)\ndef scheduled work exp 1 October 2014 (s 816)\nContinuing application of repealed regulation in relation to scheduled work\netc\ns 812 exp 1 October 2014 (s 816)\nApplication of regulation in relation to scheduled work etc\ns 813 exp 1 October 2014 (s 816)\nCertificates of competency\ns 814 exp 1 October 2014 (s 816)\nConverting certificate of competency to licence\ns 815 exp 1 October 2014 (s 816)\nExpiry—pt 20.4\ns 816 exp 1 October 2014 (s 816)\nModification of Act\npt 20.4A hdg ins SL2012-9 s 4\nexp 1 January 2015 (s 817)\nModification of Act, pt 20—Act, s 306\ns 816A ins SL2012-9 s 4\nsub SL2012-31 s 4\nexp 1 January 2015 (s 817)\nInvestigations\npt 20.4B hdg ins SL2013-33 s 4\nInvestigations under Work Safety Act 2008\ns 816B ins SL2013-33 s 4\nFunctions under director-general’s delegations\n816C ins SL2013-33 s 4\nExpiry\npt 20.5 hdg exp 1 January 2015 (s 817)\nExpiry—ch 20\ns 817 exp 1 January 2015 (s 817)\n\nTransitional—Dangerous Substances (Asbestos Safety Reform) Legislation\nAmendment Act 2014\nch 21 hdg ins SL2014-32 s 8\nMeaning of commencement day—ch 21\ns 818 ins SL2014-32 s 8\nAsbestos assessor licence—Class A\ns 819 ins SL2014-32 s 8\nAsbestos assessor licence—Class B\ns 820 ins SL2014-32 s 8\nAsbestos removal licence—Class A\ns 821 ins SL2014-32 s 8\nAsbestos removal licence—Class B\ns 822 ins SL2014-32 s 8\nAsbestos register\ns 823 ins SL2014-32 s 8\nAsbestos management plans\ns 824 ins SL2014-32 s 8\nOccupational discipline—licensees\ns 825 ins SL2014-32 s 8\nExpiry—ch 21\ns 826 ins SL2014-32 s 8\nHigh risk work licences and classes of high risk work\nsch 3 am SL2014-20 s 48; SL2016-29 s 13, s 14\nHigh risk work licences—competency requirements\nsch 4 am SL2016-29 s 15, s 16\nRegistration of plant and plant designs\nsch 5 am SL2014-20 ss 49-55; SL2016-29 ss 17-20; SL2018-2 s 19;\nSL2022-12 ss 12-16\n\nClassification of mixtures\nsch 6 ins SL2018-2 s 20\nam SL2022-12 ss 17-21\nSafety data sheets\nsch 7 ins SL2018-2 s 20\nam SL2022-12 s 22, s 23\nDisclosure of ingredients in safety data sheet\nsch 8 ins SL2018-2 s 20\nam SL2022-12 s 24, s 25\nClassification, packaging and labelling requirements\nsch 9 ins SL2018-2 s 20\nsch 10 ins SL2018-2 s 20\nPlacard and manifest quantities\nsch 11 ins SL2018-2 s 20\nam SL2022-12 s 26\nManifest requirements\nsch 12 ins SL2018-2 s 20\nPlacard requirements\nsch 13 ins SL2018-2 s 20\nam SL2023-19 s 10, s 11\nRequirements for health monitoring\nsch 14 ins SL2018-2 s 20\nHazardous chemicals at major hazard facilities (and their threshold quantity)\nsch 15 ins SL2018-2 s 20\nMatters to be included in emergency plan for major hazard facility\nsch 16 ins SL2018-2 s 20\nAdditional matters to be included in safety management system of major\nsch 17 ins SL2018-2 s 20\nAdditional matters to be included in safety case for a major hazard facility\nsch 18 ins SL2018-2 s 20\nam A2023-36 amdt 1.418, amdt 1.419\ndict am SL2018-2 s 21; A2020-30 amdt 1.14; A2023-36\namdt 1.420\ndef abrasive blasting ins SL2018-2 s 22\ndef ACM ins SL2014-10 s 5\ndef ACD ins SL2014-32 s 9\n\ndef ADG Code ins SL2018-2 s 22\nam A2025-1 s 23\ndef additional crystalline silica control measure ins\nSL2022-13 s 7\nom SL2022-15 s 13\ndef Agvet Code ins SL2018-2 s 22\ndef airborne crystalline silica ins SL2022-12 s 27\ndef amusement device am SL2014-20 s 56\ndef appropriate training in underwater medicine om\nSL2014-20 s 57\ndef approved warning sign ins SL2014-32 s 9\ndef article ins SL2018-2 s 22\ndef asbestos ins SL2014-10 s 5\nom A2020-30 amdt 1.15\ndef asbestos containing material (ACM) ins SL2014-10 s 5\nom A2020-30 amdt 1.15\ndef asbestos-contaminated dust or debris (ACD) ins\nSL2014-32 s 9\ndef asbestos management plan ins SL2014-32 s 9\ndef asbestos register ins SL2014-32 s 9\ndef asbestos-related work ins SL2014-32 s 9\ndef asbestos removalist ins SL2014-32 s 9\ndef asbestos removal licence ins SL2014-32 s 9\ndef asbestos removal work ins SL2014-32 s 9\ndef asbestos waste ins SL2014-32 s 9\ndef biological monitoring ins SL2018-2 s 22\ndef blood lead level ins SL2018-2 s 22\ndef blood lead level monitoring ins SL2018-2 s 22\ndef boiler am SL2014-20 s 58; SL2018-2 s 23;\nSL2023-19 s 12; SL2023-30 s 4\ndef bulk ins SL2018-2 s 24\ndef capacity ins SL2018-2 s 24\ndef certified safety management system ins SL2014-32 s 10\ndef chemical identity ins SL2018-2 s 24\ndef class sub SL2014-32 s 11\nam SL2018-2 s 25\ndef Class A asbestos removal licence ins SL2014-32 s 12\ndef Class A asbestos removal work ins SL2014-32 s 12\ndef Class B asbestos removal licence ins SL2014-32 s 12\ndef Class B asbestos removal work ins SL2014-32 s 12\ndef Class H vacuum ins SL2022-15 s 14\ndef Class H vacuum cleaner ins SL2022-12 s 27\nom SL2022-13 s 8\ndef class label ins SL2018-2 s 26\ndef Class M vacuum ins SL2022-15 s 14\n\ndef Class M vacuum cleaner ins SL2022-12 s 27\nom SL2022-13 s 8\ndef clearance certificate ins SL2014-32 s 12\ndef clearance inspection ins SL2014-32 s 12\ndef combustible dust ins SL2014-20 s 59\ndef combustible liquid om SL2014-20 s 60\ndef competent person am SL2014-20 s 61\ndef concrete placing boom sub SL2016-29 s 21\ndef concrete-placement unit with delivery boom om\nSL2014-20 s 62\ndef consumer product ins SL2018-2 s 26\ndef container ins SL2018-2 s 26\ndef correct classification ins SL2018-2 s 26\ndef crystalline silica ins SL2024-8 s 34\ndef crystalline silica control measure ins SL2022-15 s 14\ndef crystalline silica material ins SL2022-15 s 14\ndef cut ins SL2022-12 s 27\nom SL2024-8 s 35\ndef determined major hazard facility ins SL2018-2 s 26\ndef division ins SL2018-2 s 26\ndef emergency service organisation am SL2014-20 s 63;\nA2016-33 amdt 1.56\ndef emergency services worker om SL2014-20 s 64\nins A2017-4 amdt 3.223\ndef emergency service worker ins SL2014-20 s 65\nam A2016-33 amdt 1.57\nom A2017-4 amdt 3.222\ndef engineered stone ins SL2022-13 s 9\ndef exposure standard am SL2018-2 s 27\nsub SL2020-27 s 30\ndef facility ins SL2018-2 s 28\ndef female of reproductive capacity ins SL2018-2 s 28\ndef fire risk hazardous chemical ins SL2018-2 s 28\ndef fitness criteria am SL2020-27 s 31\ndef flammable gas sub SL2018-2 s 29\ndef flammable liquid ins SL2018-2 s 30\ndef friable asbestos ins SL2014-32 s 12\ndef gantry crane am SL2014-20 s 66\ndef genuine research ins SL2014-32 s 12\ndef GHS ins SL2014-32 s 12\nsub SL2018-2 s 31\nam SL2022-12 s 28\ndef GHS 3 ins SL2022-12 s 29\ndef hazard category ins SL2018-2 s 32\ndef hazard class ins SL2018-2 s 32\ndef hazardous area sub SL2014-20 s 67\n\ndef hazardous chemical ins SL2018-2 s 32\nsub SL2022-12 s 30\ndef hazard pictogram ins SL2018-2 s 32\ndef hazard statement ins SL2018-2 s 32\ndef Hazchem Code ins SL2018-2 s 32\ndef health monitoring ins SL2014-32 s 12\ndef high risk crystalline silica work ins SL2022-12 amdt 1.2\ndef IBC ins SL2018-2 s 32\ndef incidental diving work am SL2014-20 s 68\ndef independent ins SL2014-32 s 12\ndef inflatable device (constantly blown) ins SL2014-20 s 69\ndef in situ asbestos ins SL2014-32 s 12\ndef intermediate bulk container ins SL2018-2 s 32\ndef in transit ins SL2018-2 s 32\ndef lead ins SL2018-2 s 32\ndef lead process ins SL2018-2 s 32\ndef lead process area ins SL2018-2 s 32\ndef lead risk work ins SL2018-2 s 32\ndef licence-holder sub SL2014-32 s 13\nam SL2018-2 s 33\ndef licensed asbestos assessor ins SL2014-32 s 14\ndef licensed asbestos removalist ins SL2014-32 s 14\ndef licensed asbestos removal work ins SL2014-32 s 14\ndef licensed major hazard facility ins SL2018-2 s 34\ndef lift am SL2016-29 s 22\ndef local community ins SL2018-2 s 34\ndef local exhaust ventilation system ins SL2022-12 s 31\nom SL2022-13 s 10\ndef major hazard facility ins SL2018-2 s 34\ndef major hazard facility licence ins SL2018-2 s 34\ndef major incident ins SL2018-2 s 34\ndef major incident hazard ins SL2018-2 s 34\ndef manifest ins SL2018-2 s 34\ndef manifest quantity ins SL2018-2 s 34\ndef material containing crystalline silica ins SL2022-12 s 31\nom SL2022-15 s 15\ndef mechanical method ins SL2024-8 s 36\ndef mechanical process ins SL2022-13 s 11\nom SL2024-8 s 37\ndef membrane filter method ins SL2014-32 s 15\ndef Ministerial Council ins A2025-1 s 24\ndef mixture ins SL2018-2 s 34\ndef modification ins SL2018-2 s 34\ndef NATA ins SL2014-32 s 15\ndef NATA-accredited laboratory ins SL2014-32 s 15\ndef naturally occurring asbestos ins SL2014-32 s 15\n\ndef non-friable asbestos ins SL2014-32 s 15\ndef operator ins SL2018-2 s 34\ndef packaged hazardous chemicals ins SL2018-2 s 34\ndef packing group ins SL2018-2 s 34\ndef passenger ropeway ins SL2014-20 s 69\ndef pipe work ins SL2018-2 s 34\ndef placard ins SL2018-2 s 34\ndef placard quantity ins SL2018-2 s 34\ndef platform height ins SL2014-20 s 69\ndef porcelain product ins SL2024-8 s 38\ndef precautionary statement ins SL2018-2 s 34\ndef present or likely to be present ins SL2018-2 s 34\ndef pressure piping am SL2016-29 s 23\ndef primary emergency service organisation ins SL2018-2\ns 34\ndef process ins SL2024-8 s 38\ndef processing ins SL2024-8 s 38\ndef product identifier ins SL2018-2 s 34\ndef prohibited carcinogen ins SL2018-2 s 34\ndef proposed facility ins SL2018-2 s 34\ndef proposed major hazard facility ins SL2018-2 s 34\ndef psychosocial hazard ins SL2023-19 s 13\ndef psychosocial risk ins SL2023-19 s 13\ndef quantity ins SL2018-2 s 34\ndef registered training organisation (RTO) am SL2018-2\ns 35\ndef research chemical ins SL2018-2 s 36\ndef respirable asbestos fibre ins SL2014-27 s 9\ndef respiratory protective equipment ins SL2022-12 s 31\ndef restricted carcinogen ins SL2018-2 s 36\ndef retailer ins SL2018-2 s 36\ndef safety data sheet ins SL2018-2 s 36\ndef Safe Work Australia ins SL2014-32 s 15\nam SL2018-2 s 37\ndef Schedule 11 hazardous chemical ins SL2018-2 s 38\ndef Schedule 15 chemical ins SL2018-2 s 38\ndef SEMSOG ins SL2018-2 s 38\ndef signal word ins SL2018-2 s 38\ndef sintered stone ins SL2024-8 s 38\ndef specified VET course sub SL2014-20 s 70; SL2014-32\ns 16\ndef steam turbine ins SL2016-29 s 24\ndef Standard for the Uniform Scheduling of Medicines and\nPoisons ins SL2018-2 s 38\ndef stone-substitute material ins SL2024-8 s 38\ndef subsidiary risk ins SL2018-2 s 38\n\ndef substance ins SL2018-2 s 38\ndef surrounding area ins SL2018-2 s 38\ndef technical name ins SL2018-2 s 38\ndef tower crane am SL2016-29 s 25\ndef turbine om SL2016-29 s 26\ndef threshold quantity ins SL2018-2 s 38\ndef UN number ins SL2018-2 s 38\ndef VET course am SL2018-2 s 39\ndef wet dust suppression method ins SL2022-13 s 11\n\nEarlier republications 5\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n1 Jan 2012\nnot amended new regulation\nR1 (RI)\n19 Mar 2012\nnot amended reissue for\nSL2012-9\nR1 (RI No 2)\nnot amended further reissue for\n1 July 2012–\n31 Dec 2012\nR2 (RI)\n1 July 2012–\n31 Dec 2012\nnot amended reissue for\n1 Jan 2013\n1 Jan 2013–\n1 Jan 2013\n2 Jan 2013\n2 Jan 2013–\nnot amended expired provisions\n(ss 801-803, pt\n20.3 (ss 806-810)\n1 July 2013–\n24 Nov 2013\n25 Nov 2013\n25 Nov 2013–\n31 Dec 2013\nA2013-44 amendments by\nA2013-44\n1 Jan 2014\n1 Jan 2014–\n1 Jan 2014\nSL2013-33 amendments by\nSL2013-33\n\nfor\n2 Jan 2014\n2 Jan 2014–\nSL2013-33 expiry of\nprovision (s 804)\n10 June 2014–\n1 Sept 2014\nA2014-18 amendments by\nA2014-18\n2 Sept 2014\n2 Sept 2014–\n29 Sept 2014\nSL2014-20 amendments by\nSL2014-20\n30 Sept 2014\n30 Sept 2014–\n1 Oct 2014\nSL2014-20 amendments by\nSL2014-10\n2 Oct 2014\n2 Oct 2014–\n30 Oct 2014\nSL2014-20 expiry of provisions\n(pt 20.4)\n31 Oct 2014\n31 Oct 2014–\n31 Dec 2014\nSL2014-27 amendments by\nSL2014-27\n1 Jan 2015\n1 Jan 2015–\n1 Jan 2015\nSL2014-32 amendments by\n2 Jan 2015\n2 Jan 2015–\n16 Apr 2015\nSL2014-32 expiry of\nprovisions (ch 20)\n17 Apr 2015\n17 Apr 2015–\nA2015-6 amendments by\nA2015-6\n21 May 2015–\nA2015-12\n1 July 2015–\n31 Dec 2015\n1 Jan 2016\n1 Jan 2016–\n12 May 2016–\nA2016-24 amendments by\nA2016-24\n21 June 2016–\n8 Sept 2016\nA2016-33 amendments by\nA2016-33\n9 Sept 2016\n9 Sept 2016–\n8 Mar 2017\nSL2016-29 amendments by\nSL2016-29\n9 Mar 2017\n9 Mar 2017–\n14 Aug 2017\nA2017-4 amendments by\nA2017-4\n\nEarlier republications 5\nfor\n15 Aug 2017\n15 Aug 2017–\n17 Aug 2017\nA2017-21 amendments by\nA2017-21\n18 Aug 2017\n18 Aug 2017–\n28 Mar 2018\nSL2017-24 amendments by\nSL2017-24\n29 Mar 2018\n29 Mar 2018–\n31 Dec 2018\nSL2018-2 amendments by\nSL2018-2\n1 Jan 2019\n1 Jan 2019–\nA2018-26 amendments by\nA2018-26\n1 July 2019–\n1 Jan 2020\nSL2019-3 amendments by\nSL2019-3\n2 Jan 2020\n2 Jan 2020–\nSL2019-3 expiry of\nprovisions (ch 21)\n1 July 2020–\nSL2020-27 amendments by\nA2020-20 and\n10 July 2020–\n2 Aug 2020\nA2020-30 amendments by\nA2020-30\n3 Aug 2020\n3 Aug 2020–\n31 Jan 2021\nA2020-30 amendments by\n1 Feb 2021\n1 Feb 2021–\nSL2021-1 amendments by\nSL2020-27 and\nSL2021-1\n1 July 2022–\nSL2022-12 amendments by\n14 July 2022–\n17 Oct 2022\nSL2022-12 amendments by\n18 Oct 2022\n18 Oct 2022–\n1 Nov 2022\nSL2022-13 amendments by\n\nfor\n2 Nov 2022\n2 Nov 2022–\n30 Jan 2023\nSL2022-15 amendments by\nSL2022-15 and\nexpiry of\n(s 418BA and\ns 418CA)\n31 Jan 2023\n31 Jan 2023–\nSL2022-15 amendments by\nSL2022-15\n9 June 2023–\nA2022-23 amendments by\nA2022-23\n1 July 2023–\n28 Aug 2023\nA2022-23 amendments by\nSL2022-12,\nand SL2022-15\n29 Aug 2023\n29 Aug 2023–\n26 Nov 2023\nSL2023-19 amendments by\nSL2023-19\n27 Nov 2023\n27 Nov 2023–\nSL2023-30 amendments by\nSL2023-19,\nA2023-36 and\nSL2023-30\n1 July 2024–\n18 Aug 2024\n19 Aug 2024\n19 Aug 2024–\n31 Oct 2024\n1 Nov 2024\n1 Nov 2024–\n26 Feb 2025\n27 Feb 2025\n27 Feb 2025–\n28 Nov 2025\nA2025-1 amendments by\nA2025-1\n\nExpired transitional or validating provisions 6\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":660}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":869},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The Regulation has expanded significantly beyond its original 2011 scope. Major additions include: Chapter 7A on crystalline silica with a prohibition on engineered stone benchtops (effective 2024); Division 3.2.11 on psychosocial risks (workplace mental health); strengthened asbestos management requirements; and updated hazardous chemicals provisions aligned with GHS 7. The construction work chapter has also been broadened to include silica processing as high-risk work. These changes reflect evolving understanding of workplace hazards beyond traditional physical safety."},"complexity_factors":["Extensive cross-referencing between the Act and Regulation (e.g., 'WHS Act—s 19' notes throughout)","Multiple nested conditional structures (e.g., 'if it is not reasonably practicable to eliminate... then minimise... then use administrative controls... then PPE')","47+ defined terms in the dictionary plus signpost definitions to other legislation","18 schedules containing detailed technical requirements (e.g., Schedule 3 for high-risk work licences, Schedule 11 for placard quantities)","Strict liability offences throughout with tiered penalty structures (tiers E through I)","Incorporation of external documents by reference (Australian Standards, ADG Code, GHS) with complex rules about which version applies","Licensing and registration schemes with multi-stage application, renewal, suspension, and cancellation processes","Exception and exemption provisions that create parallel regulatory pathways (e.g., sections 82, 419, 698AB)","Record-keeping requirements with varying retention periods (28 days, 2 years, 5 years, 30 years, 40 years depending on context)","Specific health monitoring and medical clearance requirements with biological exposure standards (e.g., blood lead levels in μg/dL)","Psychosocial risk management requirements added in Division 3.2.11 with subjective assessment criteria","Crystalline silica chapter (7A) with engineered stone prohibitions and complex control measure hierarchies"],"plain_english_summary":"This is the **Work Health and Safety Regulation 2011** for the Australian Capital Territory — a comprehensive set of rules made under the Work Health and Safety Act 2011 that spells out exactly how employers, workers, and others must manage health and safety risks in workplaces.\n\n**What it does:**\nThe Regulation translates broad legal duties from the Act into specific, actionable requirements. It covers everything from how to identify hazards and consult with workers, to detailed technical rules for high-risk activities like working with asbestos, hazardous chemicals, confined spaces, diving, and construction.\n\n**Key areas covered:**\n- **Worker representation** — how to elect health and safety representatives, establish committees, and resolve safety issues\n- **Risk management** — mandatory steps to identify hazards, assess risks, and implement controls using the \"hierarchy of controls\" (eliminate first, then substitute, isolate, engineer, administer, and finally use PPE)\n- **Specific hazards** — detailed rules for noise, manual handling, falls, confined spaces, electrical work, plant and machinery, hazardous chemicals (including lead and crystalline silica), asbestos, and major hazard facilities\n- **Licensing and registration** — requirements for high-risk work licences, asbestos removal licences, plant design registration, and major hazard facility licences\n- **Construction work** — special duties for principal contractors, safe work method statements, and mandatory induction training\n- **Health monitoring** — when employers must provide medical checks for workers exposed to hazardous substances\n\n**Who it affects:**\nAnyone conducting a business or undertaking (employers, self-employed people, principal contractors), workers, designers, manufacturers, importers, and suppliers of plant and substances. It also covers union officials with workplace entry permits.\n\n**Why it matters:**\nThis Regulation is the practical backbone of workplace safety law in the ACT. It sets enforceable standards with penalties for non-compliance, creates licensing systems for dangerous work, and establishes clear procedures for managing catastrophic risks like chemical spills, asbestos exposure, and structural collapses. The 2025 version includes significant updates on crystalline silica (including a ban on engineered stone benchtops) and strengthened psychosocial hazard protections."}},"importantCases":[],"_links":{"self":"/api/acts/work-health-and-safety-regulation-2011","history":"/api/acts/work-health-and-safety-regulation-2011/history","analysis":"/api/acts/work-health-and-safety-regulation-2011/analysis","conflicts":"/api/acts/work-health-and-safety-regulation-2011/conflicts","importantCases":"/api/acts/work-health-and-safety-regulation-2011/important-cases","documents":"/api/acts/work-health-and-safety-regulation-2011/documents"}}