{"id":"work-health-and-safety-regulations-2012","name":"Work Health and Safety Regulations 2012","slug":"work-health-and-safety-regulations-2012","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":238387,"registerId":"sa-work-health-and-safety-regulations-2012-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Chapter 1—Preliminary\nPart 1—Introductory matters\n1—Short title\nThese regulations may be cited as the Work Health and Safety Regulations 2012.\n3—Authorising provisions\nRegulation 3 appears in some corresponding WHS laws but is not required in this State.\n4—Revocation\nRegulation 4 appears in some corresponding WHS laws but is not required in this State.\n5—Definitions\nIn these regulations—\nabrasive blasting means propelling a stream of abrasive material at high speed against a surface using compressed air, liquid, steam, centrifugal wheels or paddles to clean, abrade, etch or otherwise change the original appearance or condition of the surface;\naccredited assessor means—\n\t(a)\ta person who is accredited under Chapter 4 Part 5 to conduct assessments; or\n\t(b)\tthe regulator;\nAct means the Work Health and Safety Act 2012;\nADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, approved by the Transport and Infrastructure Council, as in force or remade from time to time;\nThe ADG Code is accessible at www.ntc.gov.au.\nadministrative control means a method of work, a process or a procedure designed to minimise risk, but does not include—\n\t(a)\tan engineering control; or\n\t(b)\tthe use of personal protective equipment;\nAgvet Code means, in Chapter 7 Part 1, the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 of the Commonwealth;\nairborne contaminant means a contaminant in the form of a fume, mist, gas, vapour or dust, and includes micro-organisms;\namusement device means plant operated for hire or reward that provides entertainment, sightseeing or amusement through movement of the equipment, or part of the equipment, or when passengers or other users travel or move on, around or along the equipment, but does not include—\n\t(a)\ta miniature train and railway system owned and operated by a model railway society, club or association; or\n\t(b)\ta ride or device that is used as a form of transport and that is, in relation to its use for that purpose, regulated under another Act or an Act of the Commonwealth; or\n\t(c)\ta boat or flotation device—\n\t(i)\tthat is solely propelled by a person who is in or on the boat or device; and\n\t(ii)\tthat is not attached to any mechanical elements or equipment outside the boat or device, and that does not rely on any artificial flow of water to move; or\n\t(d)\tany plant specifically designed for a sporting, professional stunt, theatrical or acrobatic purpose or activity; or\n\t(e)\ta coin-operated or token‑operated device that—\n\t(i)\tis intended to be ridden, at the one time, by not more than 4 children who must be below the age of 10 years; and\n\t(ii)\tis usually located in a shopping centre or similar public location; and\n\t(iii)\tdoes not necessarily have an operator;\narticle means a manufactured item, other than a fluid or particle, that—\n\t(a)\tis formed into a particular shape or design during manufacture; and\n\t(b)\thas hazard properties and a function that are wholly or partly dependent on the shape or design;\nasbestos means the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock forming minerals including the following:\n\t(a)\tactinolite asbestos;\n\t(b)\tgrunerite (or amosite) asbestos (brown);\n\t(c)\tanthophyllite asbestos;\n\t(d)\tchrysotile asbestos (white);\n\t(e)\tcrocidolite asbestos (blue);\n\t(f)\ttremolite asbestos;\n\t(g)\ta mixture that contains 1 or more of the minerals referred to in paragraphs (a) to (f);\nasbestos containing material (ACM) means any material or thing that, as part of its design, contains asbestos;\nasbestos‑contaminated dust or debris (ACD) means dust or debris that has settled within a workplace and is, or is assumed to be, contaminated with asbestos;\nasbestos management plan—see regulation 429 or 432;\nasbestos register—see regulation 425;\nasbestos‑related work means work involving asbestos (other than asbestos removal work to which Chapter 8 Part 7 applies) that is permitted under the exceptions set out in regulation 419(3), (4) and (5);\nasbestos removal licence means a Class A asbestos removal licence or a Class B asbestos removal licence;\nasbestos removal work means—\n\t(a)\twork involving the removal of asbestos or ACM; or\n\t(b)\tin Chapter 8 Part 10, Class A asbestos removal work or Class B asbestos removal work;\nasbestos removalist means a person conducting a business or undertaking who carries out asbestos removal work;\nasbestos waste means asbestos or ACM removed and disposable items used during asbestos removal work including plastic sheeting and disposable tools;\nbiological monitoring means—\n\t(a)\tthe measurement and evaluation of a substance, or its metabolites, in the body tissue, fluids or exhaled air of a person exposed to the substance; or\n\t(b)\tblood lead level monitoring;\nblood lead level means the concentration of lead in whole blood expressed in micromoles per litre (ìmol/L) or micrograms per decilitre (ìg/dL);\nblood lead level monitoring means the testing of the venous or capillary blood of a person by a laboratory accredited by NATA, under the supervision of a registered medical practitioner, to determine the blood lead level;\nboiler means—\n\t(a)\ta vessel, or an arrangement of vessels and interconnecting parts, in which steam or vapour is generated or in which water or other liquid is heated at a pressure above that of the atmosphere by the application of fire, the products of combustion, electrical power or similar high temperature means; and\n\t(b)\tthe superheaters, reheaters, economisers, boiler piping, supports, mountings, valves, gauges, fittings, controls, boiler setting and other equipment directly associated with those vessels,\nbut does not include—\n\t(c)\texcept in Schedule 3 and Schedule 4, a fully flooded or pressurised system where water or another liquid is heated to a temperature lower than the normal atmospheric boiling temperature of the liquid; or\n\t(d)\tfor the purposes of Chapter 5 Part 2 and Part 3 and in Schedule 3 and Schedule 4, a boiler designed or manufactured to the following codes:\n\t(i)\tAMBSC Part 1 —Australian Miniature Boiler Safety Committee Code for Copper Boilers;\n\t(ii)\tAMBSC Part 2 —Australian Miniature Boiler Safety Committee Code for Steel Boilers;\n\t(iii)\tAMBSC Part 3 —Australian Miniature Boiler Safety Committee Code for Sub‑Miniature Boilers;\n\t(iv)\tAMBSC Part 4 —Australian Miniature Boiler Safety Committee Code for Duplex Steel Boilers; or\n\t(e)\tin Schedule 3 and Schedule 4—\n\t(i)\ta direct fired process heater; or\n\t(ii)\tboilers with less than 5 square metres heating surface or 150 kilowatt output; or\n\t(iii)\tunattended boilers certified in compliance with AS 2593:2021 (Boilers—Safety management and supervision systems);\nboom‑type elevating work platform means a telescoping device, hinged device, or articulated device, or any combination of these, used to support a platform on which personnel, equipment and materials may be elevated;\nbridge crane means a crane that—\n\t(a)\tconsists of a bridge beam or beams, that are mounted to end carriages at each end; and\n\t(b)\tis capable of travelling along elevated runways; and\n\t(c)\thas 1 or more hoisting mechanisms arranged to traverse across the bridge;\nbuilding maintenance equipment means a suspended platform and associated equipment, including a building maintenance unit or a swing stage, that incorporates permanently installed overhead supports to provide access to the faces of a building for maintenance, but does not include a suspended scaffold;\nbuilding maintenance unit means a power operated suspended platform and associated equipment on a building specifically designed to provide permanent access to the faces of the building for maintenance;\nbulk, in relation to a hazardous chemical, means any quantity of a hazardous chemical that is—\n\t(a)\tin a container with a capacity exceeding 500 litres or net mass of more than 500 kilograms; or\n\t(b)\tif the hazardous chemical is a solid—an undivided quantity exceeding 500 kilograms;\nC1 combustible liquid means, in Chapter 7 Part 1, combustible liquid that has a flash point of 150°C or less;\ncapacity, of a container (in Chapter 7), means the internal volume of the container at a temperature of 15°C expressed in litres;\ncard holder means the person to whom a general construction induction training card is issued;\ncertificate of medical fitness means a certificate of medical fitness that complies with regulation 169;\ncertification, in relation to a specified VET course, means—\n\t(a)\ta statement of attainment issued by an RTO stating that the person to whom it is issued has successfully completed the specified VET course; or\n\t(b)\tin the case of high risk work—a notice of satisfactory assessment stating that the person to whom it is issued has successfully completed the specified VET course; or\n\t(c)\tan equivalent statement or notice issued by a corresponding RTO;\ncertified safety management system, in Chapter 8, means a safety management system that complies with AS 4801:2001 (Occupational health and safety management systems), or an equivalent system determined by the regulator;\nchemical identity means a name, in accordance with the nomenclature systems of the International Union of Pure and Applied Chemistry or the Chemical Abstracts Service, or a technical name, that gives a chemical a unique identity;\nclass means—\n\t(a)\tin relation to high risk work, a class of work specified in Schedule 3;\n\t(b)\tin relation to asbestos removal work, Class A asbestos removal work or Class B asbestos removal work;\nClass A asbestos removal licence means a licence that authorises the carrying out of Class A asbestos removal work and Class B asbestos removal work by or on behalf of the licence holder;\nClass A asbestos removal work means work that is required to be licensed under regulation 485;\nClass B asbestos removal licence means a licence that authorises the carrying out of Class B asbestos removal work by or on behalf of the licence holder;\nClass B asbestos removal work means work that is required to be licensed under regulation 487, but does not include Class A asbestos removal work;\nclass label means a pictogram described in the ADG Code for a class, or division of a class, of dangerous goods;\nclearance certificate—see regulation 474;\nclearance inspection—see regulation 473;\ncombustible dust means finely divided solid particles (including dust, fibres or flyings), that are—\n\t(a)\tsuspended in air or settle out of the atmosphere under their own weight; and\n\t(b)\table to burn or glow in air; and\n\t(c)\table to form an explosive mixture with air at atmospheric pressure and normal temperature;\ncombustible liquid means a liquid, other than a flammable liquid, that has a flash point, and a fire point, less than its boiling point;\ncombustible substance means a substance that is combustible, and includes dust, fibres, fumes, mists or vapours produced by the substance;\nWood, paper, oil, iron filings.\ncompetency assessment, in Chapter 4 Part 5, means an assessment in relation to the completion of a specified VET course to carry out a class of high risk work;\ncompetent person means—\n\t(a)\tfor electrical work on energised electrical equipment or energised electrical installations (other than testing referred to in regulations 150 and 165)—a person registered to undertake the work under the Plumbers, Gas Fitters and Electricians Act 1995;\n\t(b)\tfor general diving work—see regulations 174 and 177;\n\t(c)\tfor a major inspection of mobile cranes and tower cranes under regulation 235—see regulation 235;\n\t(d)\tfor inspection of amusement devices and passenger ropeways under regulation 241—see regulation 241;\n\t(e)\tfor design verification under regulation 252—a person who has the skills, qualifications, competence and experience to design the plant or verify the design;\n\t(f)\tfor a clearance inspection under regulation 473—a person who has acquired through training or experience the knowledge and skills of relevant asbestos removal industry practice and holds—\n\t(i)\ta certification in relation to the specified VET course for asbestos assessor work; or\n\t(ii)\ta tertiary qualification in occupational health and safety, occupational hygiene, science, building, construction or environmental health;\n\t(g)\tfor any other case—a person who has acquired through training, qualification or experience the knowledge and skills to carry out the task;\nconcrete placing boom means plant incorporating an articulating boom, capable of power operated slewing and luffing to place concrete by way of pumping through a pipeline attached to, or forming part of, the boom of the plant;\nconfined space means an enclosed or partially enclosed space that—\n\t(a)\tis not designed or intended primarily to be occupied by a person; and\n\t(b)\tis, or is designed or intended to be, at normal atmospheric pressure while any person is in the space; and\n\t(c)\tis or is likely to be a risk to health and safety from—\n\t(i)\tan atmosphere that does not have a safe oxygen level; or\n\t(ii)\tcontaminants, including airborne gases, vapours and dusts, that may cause injury from fire or explosion; or\n\t(iii)\tharmful concentrations of any airborne contaminants; or\n\t(iv)\tengulfment,\nbut does not include a mine shaft or the workings of a mine;\nconfined space entry permit means a confined space entry permit issued under regulation 67;\nconstruction project—see regulation 292;\nconstruction work—see regulation 289;\nconsumer product means a thing that—\n\t(a)\tis packed or repacked primarily for use by a household consumer or for use in an office; and\n\t(b)\tif the thing is packed or repacked primarily for use by a household consumer—is packed in the way and quantity in which it is intended to be used by a household consumer; and\n\t(c)\tif the thing is packed or repacked primarily for use in an office—is packed in the way and quantity in which it is intended to be used for office work;\ncontainer, in relation to a hazardous chemical, means anything in or by which a hazardous chemical is, or has been, wholly or partly covered, enclosed or packed, including anything necessary for the container to perform its function as a container;\ncontaminant means any substance that may be harmful to health or safety;\ncontrolled, in relation to the processing of a CSS—see regulation 529B;\ncontrol measure, in relation to a risk to health and safety, means a measure to eliminate or minimise the risk;\nconveyor means equipment or apparatus operated by power other than manual power and by which loads are raised, lowered or transported or capable of being raised, lowered, transported, or continuously driven, by—\n\t(a)\tan endless belt, rope or chain or other similar means; or\n\t(b)\tbuckets, trays or other containers or fittings moved by an endless belt, rope, chain or similar means; or\n\t(c)\ta rotating screw; or\n\t(d)\ta vibration or walking beam; or\n\t(e)\ta powered roller conveyor if the rollers are driven by an endless belt, rope or chain or other similar means,\nand includes the superstructure, gear and auxiliary equipment used in connection with that equipment or apparatus;\ncorrect classification means the set of hazard classes and hazard categories assigned to a hazardous chemical when it is correctly classified;\nPart 1 of Schedule 9 sets out when a hazardous chemical is correctly classified.\ncrane means an appliance intended for raising or lowering a load and moving it horizontally including the supporting structure of the crane and its foundations, but does not include any of the following:\n\t(a)\tan industrial lift truck;\n\t(b)\tearthmoving machinery;\n\t(c)\tan amusement device;\n\t(d)\ta tractor;\n\t(e)\tan industrial robot;\n\t(f)\ta conveyor;\n\t(g)\tbuilding maintenance equipment;\n\t(h)\ta suspended scaffold;\n\t(i)\ta lift;\ncrystalline silica—see regulation 529A;\ncrystalline silica substance (CSS)—see regulation 529A;\ncurrent certificate of medical fitness means a certificate of medical fitness that—\n\t(a)\twas issued within the past 12 months; and\n\t(b)\thas not expired or been revoked;\ndemolition work means work to demolish or dismantle a structure, or part of a structure that is loadbearing or otherwise related to the physical integrity of the structure, but does not include—\n\t(a)\tthe dismantling of formwork, falsework, or other structures designed or used to provide support, access or containment during construction work; or\n\t(b)\tthe removal of power, light or telecommunication poles;\nderrick crane means a slewing strut‑boom crane with its boom pivoted at the base of a mast that is—\n\t(a)\tguyed (guy‑derrick) or held by backstays (stiff‑legged derrick); and\n\t(b)\tcapable of luffing under load;\ndesigner, in relation to plant, a substance or a structure, has the same meaning as it has in section 22 of the Act;\ndetermined major hazard facility means a facility that has been determined under regulation 541 or 542 to be a major hazard facility;\ndirect fired process heater means an arrangement of 1 or more coils, located in the radiant zone or convection zone, or both, of a combustion chamber, the primary purpose of which is to raise the temperature of a process fluid circulated through the coils, to allow distillation, fractionalism, reaction or other petrochemical processing of the process fluid, whether that fluid is liquid or gas, or a combination of liquid and gas;\ndogging work means—\n\t(a)\tthe application of slinging techniques, including the selection and inspection of lifting gear, to safely sling a load; or\n\t(b)\tthe directing of a plant operator in the movement of a load when the load is out of the operator's view;\nduty holder, in Chapter 3 Part 1, means a person referred to in regulation 32;\nEANx, in Chapter 4 Part 8, means a mixture of oxygen and nitrogen in which the volume of oxygen is at least 22%;\nearthmoving machinery means operator controlled plant used to excavate, load, transport, compact or spread earth, overburden, rubble, spoil, aggregate or similar material, but does not include a tractor or industrial lift truck;\nelectrical equipment—see regulation 144 (and regulation 148 for Division 3 of Chapter 4 Part 7);\nelectrical installation—see regulation 145 (and regulation 148 for Division 3 of Chapter 4 Part 7);\nelectrical risk means risk to a person of death, shock or other injury caused directly or indirectly by electricity;\nelectrical work—see regulation 146;\nelectricity supply authority means an electricity entity within the meaning of the Electricity Act 1996 that is licensed to carry on, or is exempted under that Act from the requirement to hold a licence authorising the entity to carry on, the following operations:\n\t(a)\tthe generation of electricity;\n\t(b)\tthe operation of a transmission or distribution network;\nemergency service organisation means—\n\t(a)\tan emergency services organisation within the meaning of the Fire and Emergency Services Act 2005; and\n\t(b)\tSA Ambulance Service Inc; and\n\t(c)\tSouth Australia Police; and\n\t(d)\tin relation to a particular emergency within the meaning of the Emergency Management Act 2004—the control agency for the emergency under that Act;\nengineered stone—see regulation 529A(1);\nengineering control means a control measure that is physical in nature, including a mechanical device or process;\nentry, by a person into a confined space, means the person's head or upper body is in the confined space or within the boundary of the confined space;\nessential services means the supply of—\n\t(a)\tgas, water, sewerage, telecommunications, electricity and similar services; or\n\t(b)\tchemicals, fuel and refrigerant in pipes or lines;\nexcavation means a trench, tunnel or shaft, but does not include—\n\t(a)\ta mine; or\n\t(b)\ta well within the meaning of the Natural Resources Management Act 2004;\n\t(c)\ta trench for use as a place of interment;\nexcavation work means work to—\n\t(a)\tmake an excavation; or\n\t(b)\tfill or partly fill an excavation;\nexploration site, in Chapter 10, means a place where activities are carried out for the purpose of exploring for minerals by mechanical means that disturb the ground;\nexposure standard, except in Chapter 4 Part 1, means an exposure standard in the Workplace Exposure Standards for Airborne Contaminants;\nexposure standard for noise—see regulation 56;\nexternal review means an external review under Chapter 11 Part 1;\nextraction site, in Chapter 10, means a place where activities are carried out for the purpose of extracting minerals from the ground or injecting minerals into the ground;\nextra-low voltage means voltage that does not exceed 50 volts alternating current (50V AC) or 120 volts ripple‑free direct current (120V ripple‑free DC);\nfacility, in Chapter 9, means a workplace at which Schedule 15 chemicals are present or likely to be present;\nfall arrest system means plant or material designed to arrest a fall;\nAn industrial safety net, a catch platform, a safety harness system (other than a system that relies entirely on a restraint technique system).\nfault, in relation to plant, means a break or defect that may cause the plant to present a risk to health and safety;\nfemale of reproductive capacity, in Chapter 7 Part 2, means a female other than a female who provides information stating that she is not of reproductive capacity;\nfire risk hazardous chemical means a hazardous chemical that—\n\t(a)\tis any of the following:\n\t(i)\ta flammable gas;\n\t(ii)\ta flammable liquid (hazard category 1 to 3);\n\t(iii)\ta flammable solid;\n\t(iv)\ta substance liable to spontaneous combustion;\n\t(v)\ta substance which, in contact with water, emits flammable gases;\n\t(vi)\tan oxidizing substance;\n\t(vii)\tan organic peroxide; and\n\t(b)\tburns readily or supports combustion;\nfitness criteria, in relation to diving work, means the fitness criteria specified in clause M4 of Appendix M to AS/NZS 2299.1:2015 (Occupational diving operations—Standard operational practice);\nflammable gas has the same meaning as it has in the GHS;\nflammable liquid means a flammable liquid within the meaning of the GHS that has a flash point of less than 93°C;\nforklift truck, in Schedule 3 and Schedule 4, means a powered industrial truck equipped with lifting media made up of a mast and an elevating load carriage to which is attached a pair of fork arms or other arms that can be raised 900mm or more above the ground, but does not include a pedestrian‑operated truck or a pallet truck;\nfriable asbestos means material that—\n\t(a)\tis in a powder form or that can be crumbled, pulverised or reduced to a powder by hand pressure when dry; and\n\t(b)\tcontains asbestos;\ngantry crane means a crane that—\n\t(a)\tconsists of a bridge beam or beams supported at 1 or both ends by legs mounted to end carriages;\n\t(b)\tis capable of travelling on supporting surfaces or deck levels, whether fixed or not; and\n\t(c)\thas a crab with 1 or more hoisting units arranged to travel across the bridge;\ngas cylinder means a rigid vessel—\n\t(a)\tthat does not exceed 3 000 litres water capacity and is without openings or integral attachments on the shell other than at the ends; and\n\t(b)\tthat is designed for the storage and transport of gas under pressure; and\n\t(c)\tthat is covered by AS 2030.1:2009 (Gas cylinders—General requirements);\ngeneral construction induction training means training delivered in Australia by an RTO for the specified VET course for general construction induction training;\ngeneral construction induction training card means—\n\t(a)\tin Division 2 of Chapter 6 Part 5—a general construction induction training card issued under that Division;\n\t(b)\tin any other case—a general construction induction training card issued—\n\t(i)\tunder Division 2 of Chapter 6 Part 5 or under a corresponding WHS law; or\n\t(ii)\tby an RTO under an agreement between the regulator and an RTO or a corresponding regulator and an RTO;\ngeneral construction induction training certification means a certification for the completion of the specified VET course for general construction induction training;\ngeneral diving work means work carried out in or under water while breathing compressed gas, and includes—\n\t(a)\tincidental diving work; and\n\t(b)\tlimited scientific diving work,\nbut does not include high risk diving work;\ngenuine research means systematic investigative or experimental activities that are carried out for either acquiring new knowledge (whether or not the knowledge will have a specific practical application) or creating new or improved materials, products, devices, processes or services;\nGHS means the Globally Harmonised System of Classification and Labelling of Chemicals, Seventh revised edition, published by the United Nations as modified under Schedule 6;\nGHS 3 means the Globally Harmonised System of Classification and Labelling of Chemicals, Third revised edition, published by the United Nations as modified under Schedule 6;\nThe Schedule 6 tables replace some tables in GHS 3.\nhazard category means a division of criteria within a hazard class in the GHS;\nhazard class means the nature of a physical, health or environmental hazard under the GHS;\nhazard pictogram means a graphical composition, including a symbol plus other graphical elements, that is assigned in the GHS to a hazard class or hazard category;\nhazard statement means a statement assigned in the GHS to a hazard class or hazard category describing the nature of the hazards of a hazardous chemical including, if appropriate, the degree of hazard;\nhazardous area means an area in which—\n\t(a)\tan explosive gas is present in the atmosphere in a quantity that requires special precautions to be taken for the construction, installation and use of plant; or\n\t(b)\ta combustible dust is present, or could reasonably be expected to be present, in the atmosphere in a quantity that requires special precautions to be taken for the construction, installation and use of plant;\nhazardous chemical means a substance, mixture or article that satisfies the criteria for any 1 or more hazard classes in the GHS (including a classification referred to in Schedule 6), unless the only hazard class or classes for which the substance, mixture or article satisfies the criteria are any 1 or more of the following:\n\t(a)\tacute toxicity—oral—category 5;\n\t(b)\tacute toxicity—dermal—category 5;\n\t(c)\tacute toxicity—inhalation—category 5;\n\t(d)\tskin corrosion/irritation—category 3;\n\t(e)\taspiration hazard—category 2;\n\t(f)\tflammable gas—category 2;\n\t(g)\tacute hazard to the aquatic environment—category 1, 2 or 3;\n\t(h)\tchronic hazard to the aquatic environment—category 1, 2, 3 or 4;\n\t(i)\thazardous to the ozone layer;\nhazardous manual task means a task that requires a person to lift, lower, push, pull, carry or otherwise move, hold or restrain any person, animal or thing that involves 1 or more of the following:\n\t(a)\trepetitive or sustained force;\n\t(b)\thigh or sudden force;\n\t(c)\trepetitive movement;\n\t(d)\tsustained or awkward posture;\n\t(e)\texposure to vibration;\n1\tA task requiring a person to restrain live animals.\n2\tA task requiring a person to lift or move loads that are unstable or unbalanced or are difficult to grasp or hold.\n3\tA task requiring a person to sort objects on a conveyor belt.\nHazchem Code means a Hazchem Code under the ADG Code, also known as an Emergency Action Code;\nhead or upper body means the area of a person's body at or above the person's shoulders;\nhealth monitoring, of a person, means monitoring the person to identify changes in the person's health status because of exposure to certain substances;\nheritage boiler means a boiler that—\n\t(a)\twas manufactured before 1952; and\n\t(b)\tis used for a historical purpose or activity, including an activity that is ancillary to a historical activity;\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Historical activity: a historical display, parade, demonstration or re‑enactment.","content":"1\tHistorical activity: a historical display, parade, demonstration or re‑enactment.\n2\tActivity ancillary to a historical activity: restoring, maintaining, modifying, servicing, repairing or housing a boiler used, or to be used, for a historical activity.\nhigh risk, in relation to the processing of a CSS, means the processing of a CSS that is reasonably likely to result in a risk to the health of a person at the workplace;\nhigh risk construction work—see regulation 291;\nhigh risk diving work means work—\n\t(a)\tcarried out in or under water or any other liquid while breathing compressed gas; and\n\t(b)\tinvolving 1 or more of the following:\n\t(i)\tconstruction work;\n1\tSubparagraph (ii) includes some additional construction‑related activities.\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"For construction work generally, see Chapter 6. For the meaning of construction work, see regulation 289.","content":"2\tFor construction work generally, see Chapter 6. For the meaning of construction work, see regulation 289.\n\t(ii)\twork of the kind described in paragraph (d) of the definition of construction work in regulation 289(3);\n\t(iii)\tinspection work carried out in order to determine whether or not work described in subparagraph (i) or (ii) is necessary;\n\t(iv)\tthe recovery or salvage of a large structure or large item of plant for commercial purposes,\nbut does not include minor work carried out in the sea or the waters of a bay or inlet or a marina that involves cleaning, inspecting, maintaining or searching for a vessel or mooring;\nhigh risk work means any work set out in Schedule 3 as being within the scope of a high risk work licence;\nhigh risk work licence means any of the licences listed in Schedule 3;\nhoist means an appliance intended for raising or lowering a load or people, and includes an elevating work platform, a mast climbing work platform, personnel and materials hoist, scaffolding hoist and serial hoist, but does not include a lift or building maintenance equipment;\nignition source means a source of energy capable of igniting flammable or combustible substances;\nimporter, in relation to plant, a substance or a structure, has the same meaning as it has in section 24 of the Act;\nincidental diving work means general diving work that—\n\t(a)\tis incidental to the conduct of the business or undertaking in which the diving work is carried out; and\nActing underwater is incidental to the business or undertaking of filming.\n\t(b)\tinvolves limited diving;\nindependent, in relation to clearance inspections and air monitoring under Chapter 8, means—\n\t(a)\tnot involved in the removal of the asbestos; and\n\t(b)\tnot involved in a business or undertaking involved in the removal of the asbestos,\nin relation to which the inspection or monitoring is conducted;\nindustrial lift truck means powered mobile plant, designed to move goods, materials or equipment that is equipped with an elevating load carriage and is in the normal course of use equipped with a load‑holding attachment but does not include a mobile crane or earthmoving machinery;\nindustrial robot means plant that is a multifunctional manipulator and its controllers, capable of handling materials, parts or tools, or specialised devices, through variable programmed motions for the performance of a variety of tasks;\ninflatable device (continuously blown) means an amusement device that is an inflatable device that relies on a continuous supply of air pressure to maintain its shape;\ninrush hazard, in Chapter 10, means a hazard involving the potential inrush of any substance;\nin situ asbestos means asbestos or ACM fixed or installed in a structure, equipment or plant but does not include naturally occurring asbestos;\nintermediate bulk container (IBC) has the same meaning as IBC has in the ADG Code;\ninternal review means internal review under Chapter 11 Part 1;\nin transit, in relation to a thing, means that the thing—\n\t(a)\tis supplied to, or stored at, a workplace in containers that are not opened at the workplace; and\n\t(b)\tis not used at the workplace; and\n\t(c)\tis kept at the workplace for not more than 5 consecutive days;\nlead means lead metal, lead alloys, inorganic lead compounds and lead salts of organic acids;\nlead process—see regulation 392;\nlead process area means a workplace or part of a workplace where a lead process is carried out;\nlead risk work—see regulation 394;\nlicence holder means—\n\t(a)\tin the case of a high risk work licence—the person who is licensed to carry out the work; or\n\t(b)\tin the case of an asbestos assessor licence—the person who is licensed—\n\t(i)\tto carry out air monitoring during Class A asbestos removal work or Class B asbestos removal work; and\n\t(ii)\tto carry out clearance inspections of Class A asbestos removal work; and\n\t(iii)\tto issue clearance certificates in relation to Class A asbestos removal work; or\n\t(c)\tin the case of an asbestos removal licence—the person conducting the business or undertaking to whom the licence is granted; or\n\t(d)\tin the case of a major hazard facility licence, the operator of the major hazard facility to whom the licence is granted or transferred;\nlicensed asbestos assessor means a person who holds an asbestos assessor licence;\nlicensed asbestos removalist means a person conducting a business or undertaking who is licensed under these regulations to carry out Class A asbestos removal work or Class B asbestos removal work;\nlicensed asbestos removal work means asbestos removal work for which a Class A asbestos removal licence or Class B asbestos removal licence is required;\nlicensed major hazard facility means a major hazard facility that is licensed under Chapter 9 Part 7;\nlift means plant that is, or is intended to be, permanently installed in or attached to a structure, in which people, goods or materials may be raised or lowered within a car or cage, or on a platform and the movement of which is restricted by a guide or guides, and includes—\n\t(a)\ta chairlift, escalator, moving walkway and stairway lift; and\n\t(b)\tany supporting structure, machinery, equipment, gear, lift well, enclosures and entrances;\nlimited diving means diving that does not involve any of the following:\n\t(a)\tdiving to a depth below 30 metres;\n\t(b)\tthe need for a decompression stop;\n\t(c)\tthe use of mechanical lifting equipment or a buoyancy lifting device;\n\t(d)\tdiving beneath anything that would require the diver to move sideways before being able to ascend;\n\t(e)\tthe use of plant that is powered from the surface;\n\t(f)\tdiving for more than 28 days during a period of 6 months;\nlimited scientific diving work means general diving work that—\n\t(a)\tis carried out for the purpose of professional scientific research, natural resource management or scientific research as an educational activity; and\n\t(b)\tinvolves only limited diving;\nlocal authority, in relation to a facility, means the local authority for the local authority area in which the facility and the surrounding area are located;\nlocal community, in relation to a major hazard facility, means the community in the surrounding area;\nlower explosive limit (LEL), in relation to a flammable gas, vapour or mist, means the concentration of the gas, vapour or mist in air below which the propagation of a flame does not occur on contact with an ignition source;\nmaintain, in relation to plant or a structure in Chapter 5, includes repair or servicing of plant or a structure;\nmajor hazard facility means a facility—\n\t(a)\tat which Schedule 15 chemicals are present or likely to be present in a quantity that exceeds their threshold quantity; or\n\t(b)\tthat is determined by the regulator under Chapter 9 Part 2 to be a major hazard facility;\nmajor hazard facility licence means a licence granted under Chapter 9 Part 7 in relation to a major hazard facility;\nmajor incident—see regulation 531;\nmajor incident hazard means a hazard that could cause, or contribute to causing, a major incident;\nmanifest means a written summary of the hazardous chemicals used, handled or stored at a workplace;\nSee Schedule 12 (Manifest requirements) for what a manifest must contain.\nmanifest quantity, in relation to a Schedule 11 hazardous chemical, means the manifest quantity referred to in Schedule 11, table 11.1, column 5 for that hazardous chemical;\nmanufacturer, in relation to plant, a substance or a structure, has the same meaning as it has in section 23 of the Act;\nmast climbing work platform means a hoist with a working platform used for temporary purposes to raise personnel and materials to the working position by means of a drive system mounted on an extendable mast that may be tied to a structure;\nmaterials hoist means a hoist that—\n\t(a)\tconsists of a car, bucket or platform cantilevered from, and travelling up and down outside, a face of the support of a structure; and\n\t(b)\tis used for hoisting things and substances but not persons;\nmembrane filter method means the membrane filter method described in the Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres [NOHSC:3003 (2005)];\nmine—see regulation 609;\nmine holder—see regulation 614;\nA mine holder is a person conducting a business or undertaking.\nmine operator—see regulation 613;\nA mine operator is a person conducting a business or undertaking.\nmineral—see regulation 611;\nmining operations—see regulation 610;\nmixture in Chapter 7 Part 1, means a combination of, or a solution composed of, 2 or more substances that do not react with each other;\nmobile crane means a crane capable of travelling over a supporting surface without the need for fixed runways and relying only on gravity for stability;\nmodification, in relation to a facility—see regulation 534;\nmusculoskeletal disorder means an injury to, or disease of, the musculoskeletal system, whether occurring suddenly or over time, but does not include an injury caused by crushing, entrapment or cutting resulting principally from the mechanical operation of plant;\nNATA means the National Association of Testing Authorities, Australia;\nNATA‑accredited laboratory means a testing laboratory accredited by NATA, or recognised by NATA either solely or with someone else;\nnaturally occurring asbestos means the natural geological occurrence of asbestos minerals found in association with geological deposits including rock, sediment or soil;\nnon‑friable asbestos means material containing asbestos that is not friable asbestos, including material containing asbestos fibres reinforced with a bonding compound;\nNon‑friable asbestos may become friable asbestos through deterioration (see definition of friable asbestos).\nnon‑slewing mobile crane means a mobile crane incorporating a boom or jib that cannot be slewed, and includes—\n\t(a)\tan articulated mobile crane; or\n\t(b)\ta locomotive crane,\nbut does not include vehicle tow trucks;\nnotice of satisfactory assessment means a notice stating that the person to whom it is issued has successfully completed a specified VET course;\noperator, in relation to a facility or a proposed facility—see regulation 533;\noperator protective device, includes a roll-over protective structure, falling object protective structure, operator restraining device and seat belt;\norder-picking forklift truck, in Schedule 3 and Schedule 4, means a forklift truck where the operator's controls are incorporated with the lifting media and elevate with the lifting media;\npackaged hazardous chemicals means Schedule 11 hazardous chemicals in a container with—\n\t(a)\ta capacity not exceeding 500 litres; or\n\t(b)\ta net mass not exceeding 500 kilograms;\npassenger ropeway—\n\t(a)\tmeans a powered ropeway used for transporting, in a horizontal or inclined plane, passengers moved by a carrier that is—\n\t(i)\tattached to or supported by a moving rope; or\n\t(ii)\tattached to a moving rope but supported by a standing rope or other overhead structure; and\n\t(b)\tincludes the prime mover, any associated transmission machinery and any supporting structure and equipment; but\n\t(c)\tdoes not include any of the following:\n\t(i)\ta cog railway;\n\t(ii)\ta cable car running on rails;\n\t(iii)\ta flying fox or similar device;\n\t(iv)\tan elevating system for vehicles or boat style carriers associated with amusement devices;\nAn elevating system for a log ride or boat flume ride.\nperson with management or control of plant at a workplace has the same meaning as it has in section 21 of the Act;\nperson with management or control of a workplace has the same meaning as it has in section 20 of the Act;\npersonal protective equipment means anything used or worn by a person to minimise risk to the person's health and safety, including air supplied respiratory equipment;\npersonnel and materials hoist means a hoist—\n\t(a)\tthat is a cantilever hoist, a tower hoist or several winches configured to operate as a hoist; and\n\t(b)\tthat is intended to carry goods, materials or people;\npipeline means pipe work that crosses a boundary of a workplace, beginning or ending at the nearest fluid or slurry control point (along the axis of the pipeline) to the boundary;\npipe work means a pipe or assembly of pipes, pipe fittings, valves and pipe accessories used to convey a hazardous chemical;\nplacard means a sign or notice—\n\t(a)\tdisplayed or intended for display in a prominent place, or next to a container or storage area for hazardous chemicals at a workplace; and\n\t(b)\tthat contains information about the hazardous chemical stored in the container or storage area;\nplacard quantity, in relation to a Schedule 11 hazardous chemical, means the placard quantity referred to in Schedule 11, table 11.1 column 4 for the Schedule 11 hazardous chemical;\nplant, in Chapter 5 Part 2 and Chapter 5 Part 3, includes a structure;\nplatform height, in relation to an inflatable device (continuously blown), means the height of the highest part of the device designed to support persons using it (the platform), as measured from the surface supporting the device to the top surface of the platform when the device is inflated but unloaded;\nporcelain product does not include a product that contains resin;\nportal boom crane means a boom crane or a jib crane that is mounted on a portal frame that, in turn, is supported on runways along which the crane travels;\npowered mobile plant means plant that is provided with some form of self‑propulsion that is ordinarily under the direct control of an operator;\nprecautionary statement means a phrase prescribed by the GHS that describes measures that are recommended to be taken to prevent or minimise—\n\t(a)\tthe adverse effects of exposure to a hazardous chemical; or\n\t(b)\timproper handling of a hazardous chemical;\npresence‑sensing safeguarding system includes—\n\t(a)\ta sensing system that uses 1 or more forms of radiation either self‑generated or otherwise generated by pressure; and\n\t(b)\tthe interface between the final switching devices of the sensing system and the machine primary control elements; and\n\t(c)\tthe machine stopping capabilities, by which the presence of a person or part of a person within the sensing field will cause the dangerous parts of a machine to be brought to a safe state;\npressure equipment means boilers, pressure vessels and pressure piping;\npressure piping—\n\t(a)\tmeans an assembly of pipes, pipe fittings, valves and pipe accessories subject to internal or external pressure and used to contain or convey fluid or to transmit fluid pressure; and\n\t(b)\tincludes distribution headers, bolting, gaskets, pipe supports and pressure containing accessories; but\n\t(c)\tdoes not include—\n\t(i)\ta boiler or pressure vessel; or\n\t(ii)\tany piping that is regulated under the Petroleum and Geothermal Energy Act 2000, the Petroleum (Submerged Lands) Act 1982 or the Gas Act 1997;\npressure vessel—\n\t(a)\tmeans a vessel subject to internal or external pressure; and\n\t(b)\tincludes—\n\t(i)\tinterconnected parts and components, valves, gauges and other fittings up to the first point of connection to connecting piping; and\n\t(ii)\tfired heaters; and\n\t(iii)\tgas cylinders; but\n\t(c)\tdoes not include a boiler or pressure piping;\nprimary emergency service organisations means the South Australian Metropolitan Fire Service and the South Australian Country Fire Service;\nprincipal contractor, in relation to a construction project—see regulation 293;\nprincipal mining hazard—see regulation 612;\nprocessing, in relation to a CSS—see regulation 529A;\nproduct identifier means the name or number used to identify a product on a label or in a safety data sheet;\nprohibited carcinogen means a substance—\n\t(a)\tlisted in Schedule 10, table 10.1, column 2; and\n\t(b)\tpresent in a concentration of—\n\t(i)\tfor a solid or liquid—0.1% or more, determined as a weight/weight (w/w) concentration; and\n\t(ii)\tfor a gas—0.1% or more, determined as a volume/volume (v/v) concentration;\nproposed facility means—\n\t(a)\tan existing workplace that is to become a facility due to the introduction of Schedule 15 chemicals; or\n\t(b)\ta facility that is being designed or constructed;\nproposed major hazard facility means—\n\t(a)\tan existing facility or other workplace that is to become a major hazard facility due to the introduction of Schedule 15 chemicals or the addition of further Schedule 15 chemicals; or\n\t(b)\ta major hazard facility that is being designed or constructed;\npsychosocial hazard—see regulation 55A;\npsychosocial risk—see regulation 55B;\nquantity, in Chapter 7, means—\n\t(a)\tfor a hazardous chemical that is not a liquid or a gas or a gas under pressure and is in a container or storage or handling system—the mass in kilograms of the hazardous chemical in the container or storage or handling system; and\n\t(b)\tfor a hazardous chemical that is a liquid and is not a gas under pressure and is in a container or storage or handling system—the net capacity in litres of the container or storage or handling system; and\n\t(c)\tfor a hazardous chemical that is a gas or gas under pressure in a container or storage or handling system—the water capacity in litres of the container or storage or handling system; and\n\t(d)\tfor a hazardous chemical that is not a liquid and is in bulk and not in a container—the undivided mass in kilograms; and\n\t(e)\tfor a hazardous chemical that is a thing and is not a gas—the net capacity of the part of the thing that comprises a hazardous chemical;\nR.C.D. means a residual current device as defined in AS/NZS 3760 In‑service safety inspection and testing of electrical equipment;\nreach stacker means a powered reach stacker that incorporates an attachment for lifting and lowering a shipping container;\nreciprocating steam engine means equipment that is driven by steam acting on a piston causing the piston to move, and includes an expanding (steam) reciprocating engine;\nregistered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\nregistered training organisation (RTO) means a training organisation that—\n\t(a)\tis listed as a registered training organisation on the National Register established under the National Vocational Education and Training Regulator Act 2011 of the Commonwealth; and\n\t(b)\thas entered into an agreement with the regulator to deliver training and conduct assessments;\nrelevant fee, in relation to a matter, means the fee prescribed for the purposes of the Act or these regulations for that matter;\nresearch chemical means a substance or mixture that—\n\t(a)\tis manufactured in a laboratory for genuine research; and\n\t(b)\tis not for use or supply for a purpose other than analysis or genuine research;\nrespirable asbestos fibre means an asbestos fibre that—\n\t(a)\tis less than 3 micrometres wide; and\n\t(b)\tmore than 5 micrometres long; and\n\t(c)\thas a length to width ratio of more than 3:1;\nrestricted carcinogen means a substance—\n\t(a)\tlisted in Schedule 10, table 10.2, column 2 for a use listed in column 3; and\n\t(b)\tpresent in a concentration of—\n\t(i)\tfor a solid or liquid—0.1% or more, determined as a weight/weight (w/w) concentration; and\n\t(ii)\tfor a gas—0.1% or more, determined as a volume/volume (v/v) concentration;\nretailer means a person whose principal business is supplying consumer products to members of the public who are not engaged in the further supply of those products;\nrigging work means—\n\t(a)\tthe use of mechanical load shifting equipment and associated gear to move, place or secure a load using plant, equipment or members of a structure to ensure the stability of those members; or\n\t(b)\tthe setting up or dismantling of cranes or hoists;\nrope, in Chapter 10, includes cable;\nsafe oxygen level means a minimum oxygen content of air of 19.5% by volume under normal atmospheric pressure and a maximum oxygen content of air of 23.5% by volume under normal atmospheric pressure;\nSafe Work Australia means Safe Work Australia as established under section 5 of the Safe Work Australia Act 2008 of the Commonwealth;\nsafe work method statement means—\n\t(a)\tin relation to electrical work on energised electrical equipment—a safe work method statement prepared under regulation 161;\n\t(b)\tin relation to high risk construction work—a safe work method statement referred to in regulation 299 (as revised under regulation 302);\nsafety data sheet means a safety data sheet prepared under regulation 330 or 331;\nscaffold means a temporary structure specifically erected to support access or working platforms;\nscaffolding work means erecting, altering or dismantling a temporary structure that is or has been erected to support a platform and from which a person or object could fall more than 4 metres from the platform or the structure;\n","sortOrder":2},{"sectionNumber":"Sch 11","sectionType":"schedule","heading":"hazardous chemical means a hazardous chemical or combination of hazardous chemicals specified in Schedule 11, table 11.1;","content":"Schedule 11 hazardous chemical means a hazardous chemical or combination of hazardous chemicals specified in Schedule 11, table 11.1;\n","sortOrder":3},{"sectionNumber":"Sch 15","sectionType":"schedule","heading":"chemical means a hazardous chemical that—","content":"Schedule 15 chemical means a hazardous chemical that—\n\t(a)\tis specified in Schedule 15, table 15.1; or\n\t(b)\tbelongs to a class, type or category of hazardous chemicals specified in Schedule 15, table 15.2;\nself‑erecting tower crane means a crane—\n\t(a)\tthat is not disassembled into a tower element and a boom or jib element in the normal course of use; and\n\t(b)\twhere the erection and dismantling processes are an inherent part of the crane's function;\nshaft means a vertical or inclined way or opening, from the surface downwards or from any underground working, the dimensions of which (apart from the perimeter) are less than its depth (and in Chapter 10, shaft includes a drift or horizontal shaft);\nsignal word means the word \"danger\" or \"warning\" used on a label to indicate to a label reader the relative severity level of a hazard, and to alert the reader to a potential hazard, under the GHS;\nsilica risk control plan means, in relation to the processing of a CSS that is high risk, a silica risk control plan prepared under regulation 529CB;\nsintered stone does not include a product that contains resin;\nslewing mobile crane means a mobile crane incorporating a boom or jib that can be slewed, but does not include—\n\t(a)\ta front‑end loader; or\n\t(b)\ta backhoe; or\n\t(c)\tan excavator; or\n\t(d)\tother earth moving equipment,\nwhen configured for crane operation;\nslinging techniques means the exercising of judgment in relation to the suitability and condition of lifting gear and the method of slinging, by consideration of the nature of the load, its mass and its centre of gravity;\nspecified VET course means—\n\t(a)\tin relation to general construction induction training—the VET course Work Safely in the Construction Industry or a corresponding subsequent VET accredited course; or\n\t(b)\tin relation to Class A asbestos removal work—the VET course Remove friable asbestos; or\n\t(c)\tin relation to Class B asbestos removal work—the VET course Remove non friable asbestos; or\n\t(d)\tin relation to the supervision of asbestos removal work—the VET course Supervise asbestos removal; or\n\t(e)\tin relation to asbestos assessor work—the VET course Conduct asbestos assessment associated with removal; or\n\t(f)\tin relation to high risk work—the relevant VET course specified in Schedule 4;\nsteam turbine means equipment that is driven by steam acting on a turbine or rotor to cause a rotary motion;\nstructure, in Chapter 6—see regulation 290;\nsubstance, in Chapter 7 Part 1, means a chemical element or compound in its natural state or obtained or generated by a process—\n\t(a)\tincluding any additive necessary to preserve the stability of the element or compound and any impurities deriving from the process; but\n\t(b)\texcluding any solvent that may be separated without affecting the stability of the element or compound, or changing its composition;\nsupplier, in relation to plant, a substance or a structure, has the same meaning as it has in section 25 of the Act;\nsurrounding area, in relation to a facility, means the area surrounding the facility in which the health and safety of persons could potentially be adversely affected by a major incident occurring;\nsuspended scaffold means a scaffold incorporating a suspended platform that is capable of being raised or lowered when in use;\ntechnical name, in the definition of chemical identity, means a name that is—\n\t(a)\tordinarily used in commerce, regulations and codes to identify a substance or mixture, other than an International Union of Pure and Applied Chemistry or Chemical Abstracts Service name; and\n\t(b)\trecognised by the scientific community;\ntemporary work platform means—\n\t(a)\ta fixed, mobile or suspended scaffold; or\n\t(b)\tan elevating work platform; or\n\t(c)\ta mast climbing work platform; or\n\t(d)\ta work box supported by a crane, hoist, forklift truck or other form of mechanical plant; or\n\t(e)\tbuilding maintenance equipment, including a building maintenance unit; or\n\t(f)\ta portable or mobile fabricated platform; or\n\t(g)\tany other temporary platform that—\n\t(i)\tprovides a working area; and\n\t(ii)\tis designed to prevent a fall;\ntheatrical performance means acting, singing, playing a musical instrument, dancing or otherwise performing literary or artistic works or expressions of traditional custom or folklore;\nthreshold quantity, in relation to a Schedule 15 chemical, means—\n\t(a)\tthe threshold quantity of a specific hazardous chemical as determined under clause 3 of Schedule 15; or\n\t(b)\tthe aggregate threshold quantity of 2 or more hazardous chemicals as determined under clause 4 of Schedule 15;\ntower crane means—\n\t(a)\ta crane that has a boom or a jib mounted on a tower structure; and\n\t(b)\tin Schedule 3—\n\t(i)\tthe crane, if a jib crane, may be a horizontal or luffing jib type; and\n\t(ii)\tthe tower structure may be demountable or permanent,\nbut does not include a self‑erecting tower crane;\ntractor means a motor vehicle whether wheeled or track mounted, designed to provide power and movement to any attached machine or implement by a transmission shaft, belt or linkage system but does not include earthmoving machinery;\ntrench means a horizontal or inclined way or opening—\n\t(a)\tthe length of which is greater than its width and greater than or equal to its depth; and\n\t(b)\tthat commences at and extends below the surface of the ground; and\n\t(c)\tthat is open to the surface along its length;\ntunnel means an underground passage or opening that—\n\t(a)\tis approximately horizontal; and\n\t(b)\tcommences at the surface of the ground or at an excavation;\nUN number has the same meaning as it has in Attachment 2 of the ADG Code;\nvehicle hoist means a device to hoist vehicles designed to provide access for under‑chassis examination or service;\nvehicle loading crane means a crane mounted on a vehicle for the purpose of loading and unloading the vehicle;\nVET course has the same meaning as it has in the National Vocational Education and Training Regulator Act 2011 of the Commonwealth;\nWHS management plan, in relation to a construction project, means a management plan prepared or revised under Chapter 6 Part 4;\nwinder, in Chapter 10, means any plant that is used to move, by means of 1 or more ropes, conveyances in a shaft for the transport of persons, material or plant;\nwork box means a personnel carrying device, designed to be suspended from a crane, to provide a working area for a person elevated by and working from the device;\nWorkplace Exposure Standards for Airborne Contaminants means the Workplace Exposure for Airborne Contaminants published by Safe Work Australia on its website on 18 April 2013 as in force or remade from time to time;\nwork positioning system means any plant or structure, other than a temporary work platform, that enables a person to be positioned and safely supported at a location for the duration of the relevant work being carried out.\n6—Determination of safety management system\nThe regulator may make a determination for the purposes of the definition of certified safety management system.\n7—Meaning of person conducting a business or undertaking: persons excluded\n\t(1)\tFor the purposes of section 5(6) of the Act, a strata title body corporate that is responsible for any common areas used only for residential purposes may be taken not to be a person conducting a business or undertaking in relation to those premises.\n\t(2)\tSubregulation (1) does not apply if the strata title body corporate engages any worker as an employee.\n\t(3)\tFor the purposes of section 5(6) of the Act, an incorporated association may be taken not to be a person conducting a business or undertaking if the incorporated association consists of a group of volunteers working together for 1 or more community purposes where—\n\t(a)\tthe incorporated association, either alone or jointly with any other similar incorporated association, does not employ any person to carry out work for the incorporated association; and\n\t(b)\tnone of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the incorporated association.\nstrata title body corporate means—\n\t(a)\ta strata corporation within the meaning of the Strata Titles Act 1988; or\n\t(b)\ta community corporation within the meaning of the Community Titles Act 1996.\n8—Meaning of supply\nFor the purposes of section 6(3)(b) of the Act, a supply of a thing does not include the supply of a thing by a person who does not control the supply and has no authority to make decisions about the supply.\n1\tAn auctioneer who auctions a thing without having possession of the thing.\n2\tA real estate agent acting in his or her capacity as a real estate agent.\n8A—Meaning of emergency services worker\nPursuant to paragraph (e) of the definition of emergency services worker in section 4 of the Act, a person engaged in the provision of emergency ambulance services on behalf of SA Ambulance Service Inc under section 57 of the Health Care Act 2008 is brought within the ambit of the definition.\n8B—Meaning of dangerous goods\nFor the purposes of the definition of dangerous goods in Schedule 1 of the Act, the following are prescribed:\n\t(a)\tanything that is a dangerous good within the meaning of the Dangerous Substances (Dangerous Goods Transport) Regulations 2008;\n\t(b)\ta good of a kind that is described in column 2 of the table in regulation 328(3).\n8C—Meaning of high risk plant\nFor the purposes of the definition of high risk plant in Schedule 1 of the Act, plant specified in Schedule 5 Part 2 that is required to be registered under Chapter 5 Part 3 is prescribed.\n8D—Infringement offences\nAn offence against these regulations for which an expiation fee is prescribed is declared to be an infringement offence for the purposes of the Act.\n9—Provisions linked to health and safety duties in Act\nIf a note at the foot of a provision of these regulations states \"WHS Act\" followed by a reference to a section number, the regulation provision sets out the way in which a person's duty or obligation under that section of the Act is to be performed in relation to the matters and to the extent set out in the regulation provision.\nA failure to comply with a duty or obligation under a section of the Act referred to in a \"WHS Act\" note is an offence to which a penalty applies.\n","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Application","content":"Part 2—Application\n10—Application of Act to dangerous goods and high risk plant\nThe following provisions of the Act are excluded from the operation of Schedule 1 to the Act:\n\t(a)\tDivisions 2 to 8 of Part 5;\n\t(b)\tPart 6;\n\t(c)\tPart 7.\n11—Application of these regulations\nA duty imposed on a person under a provision of these regulations in relation to health and safety does not limit or affect any duty the person has under the Act or, unless otherwise expressly provided, any other provision of these regulations.\n12—Assessment of risk in relation to a class of hazards, tasks, circumstances or things\nIf these regulations require an assessment of risks to health and safety associated with a hazard, task, thing or circumstance, an assessment of risks associated with a class of hazards, tasks, things or circumstances may be conducted if—\n\t(a)\tall hazards, tasks, things or circumstances in the class are the same; and\n\t(b)\tthe assessment of risks for the class does not result in any worker or other person being exposed to a greater, additional or different risk to health and safety than if the risk assessment were carried out in relation to each individual hazard, task, thing or circumstance.\n","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Incorporated documents","content":"Part 3—Incorporated documents\n13—Documents incorporated as in force when incorporated\nA reference to any document applied, adopted or incorporated by, or referred to in, these regulations is to be read as a reference to that document as in force at the time the document is applied, adopted, incorporated or referred to unless express provision is made to the contrary.\n14—Inconsistencies between provisions\nIf a provision of any document applied, adopted or incorporated by, or referred to in, these regulations is inconsistent with any provision in these regulations, the provision of these regulations prevails.\n15—References to standards\n\t(1)\tIn these regulations, a reference consisting of the words \"Australian Standard\" or the letters \"AS\" followed in either case by a number or a number accompanied by a reference to a calendar year is a reference to the standard so numbered published by or on behalf of Standards Australia.\n\t(2)\tIn these regulations, a reference consisting of the expression \"Australian/New Zealand Standard\" or \"AS/NZS\" followed in either case by a number or a number accompanied by a reference to a calendar year is a reference to the standard so numbered published jointly by or on behalf of Standards Australia and the Standards Council of New Zealand.\nA person is only required to comply with an Australian Standard or Australian/New Zealand Standard that is applied, adopted or incorporated by, or otherwise referred to in, a regulation to the extent the regulation provides, whether expressly or by necessary implication.\nFor example, in regulation 5, definition of boiler, there is an exception in paragraph (e)(iii). The definition does not require a person to comply with AS 2593:2004, but equipment must be certified in compliance with AS 2593:2004 in order to fall within that particular exception.\nThe reference to an Australian Standard in this case is part of a description of equipment excluded from the definition of boiler. As a result, the equipment is not covered by particular provisions of these regulations relating to high risk work.\nChapter 2—Representation and participation\nPart 1—Representation\nDivision 1—Work groups\n16—Negotiations for and determination of work groups\nNegotiations for and determination of work groups and variations of work groups must be directed at ensuring that the workers are grouped in a way that—\n\t(a)\tmost effectively and conveniently enables the interests of the workers in relation to work health and safety to be represented; and\n\t(b)\thas regard to the need for a health and safety representative for the work group to be readily accessible to each worker in the work group.\nUnder the Act, a work group may be determined for workers at more than one workplace (section 51(3)) or for workers carrying out work for 2 or more persons conducting businesses or undertakings at 1 or more workplaces (Subdivision 3 of Division 3 of Part 5 of the Act).\n17—Matters to be taken into account in negotiations\nFor the purposes of sections 52(6) and 56(4) of the Act, negotiations for and determination of work groups and variation of agreements concerning work groups must take into account all relevant matters including the following:\n\t(a)\tthe number of workers;\n\t(b)\tthe views of workers in relation to the determination and variation of work groups;\n\t(c)\tthe nature of each type of work carried out by the workers;\n\t(d)\tthe number and grouping of workers who carry out the same or similar types of work;\n\t(e)\tthe areas or places where each type of work is carried out;\n\t(f)\tthe extent to which any worker must move from place to place while at work;\n\t(g)\tthe diversity of workers and their work;\n\t(h)\tthe nature of any hazards at the workplace or workplaces;\n\t(i)\tthe nature of any risks to health and safety at the workplace or workplaces;\n\t(j)\tthe nature of the engagement of each worker, for example as an employee or as a contractor;\n\t(k)\tthe pattern of work carried out by workers, for example whether the work is full‑time, part‑time, casual or short‑term;\n\t(l)\tthe times at which work is carried out;\n\t(m)\tany arrangements at the workplace or workplaces relating to overtime or shift work.\n","sortOrder":6},{"sectionNumber":"Div 2","sectionType":"division","heading":"Health and safety representatives","content":"Division 2—Health and safety representatives\n18—Procedures for election of health and safety representatives\n\t(1)\tThis regulation sets out minimum procedural requirements for the election of a health and safety representative for a work group for the purposes of section 61(2) of the Act.\n\t(2)\tThe person conducting the election must take all reasonable steps to ensure that the following procedures are complied with:\n\t(a)\teach person conducting a business or undertaking in which a worker in the work group works is informed of the date on which the election is to be held as soon as practicable after the date is determined;\n\t(b)\tall workers in the work group are given an opportunity to—\n\t(i)\tnominate for the position of health and safety representative; and\n\t(ii)\tvote in the election;\n\t(c)\tall workers in the work group and all relevant persons conducting a business or undertaking are informed of the outcome of the election.\n19—Person conducting business or undertaking must not delay election\nA person conducting a business or undertaking at a workplace must not unreasonably delay the election of a health and safety representative.\n20—Removal of health and safety representatives\n\t(1)\tFor the purposes of section 64(2)(d) of the Act, the majority of the members of a work group may remove a health and safety representative for the work group if the members sign a written declaration that the health and safety representative should no longer represent the work group.\n\t(2)\tA member of the work group nominated by the members who signed the declaration must, as soon as practicable—\n\t(a)\tinform the following persons of the removal of the health and safety representative:\n\t(i)\tthe health and safety representative who has been removed;\n\t(ii)\teach person conducting a business or undertaking in which a worker in the work group works; and\n\t(b)\ttake all reasonable steps to inform all members of the work group of the removal.\n\t(3)\tThe removal of the health and safety representative takes effect when the persons referred to in subregulation (2)(a) and the majority of members of the work group have been informed of the removal.\n21—Training for health and safety representatives\n\t(1)\tIn approving a course of training in work health and safety for the purposes of section 72(1) of the Act, the regulator may have regard to any relevant matters including—\n\t(a)\tthe content and quality of the curriculum, including its relevance to the powers and functions of a health and safety representative; and\n\t(b)\tthe qualifications, knowledge and experience of the person who is to provide the course.\n\t(2)\tAn approval by the regulator of a course of training in work health and safety for the purposes of section 72 may be varied or revoked by the regulator.\n\t(3)\tThe regulator may impose conditions on an approval under this regulation and may vary those conditions.\n\t(4)\tFor the purposes of section 72(1)(b) of the Act, a health and safety representative is entitled to attend any course of training approved by the regulator under this regulation and 5 days training under section 72(9)(a) of the Act will constitute initial training for the purposes of sections 85(6) and 90(4) of the Act.\nThis regulation prescribes courses of training to which a health and safety representative is entitled. In addition to these courses, the health and safety representative and the person conducting the business or undertaking may agree that the representative will attend or receive further training.\nPart 2—Issue resolution\n22—Agreed procedure—minimum requirements\n\t(1)\tThis regulation sets out minimum requirements for an agreed procedure for issue resolution at the workplace.\n\t(2)\tThe agreed procedure for issue resolution at a workplace must include the steps set out in regulation 23.\n\t(3)\tA person conducting a business or undertaking at a workplace must ensure that the agreed procedure for issue resolution at the workplace—\n\t(a)\tincludes the steps specified in regulation 23; and\n\t(b)\tis set out in writing; and\n\t(c)\tis communicated to all workers to whom the agreed procedure applies.\n\t(b)\tIn the case of a body corporate—$18  000.\n23—Default procedure\n\t(1)\tThis regulation sets out the default procedure for issue resolution for the purposes of section 81(2) of the Act.\n\t(2)\tAny party to the issue may commence the procedure by informing each other party—\n\t(a)\tthat there is an issue to be resolved; and\n\t(b)\tthe nature and scope of the issue.\n\t(3)\tAs soon as parties are informed of the issue, all parties must meet or communicate with each other to attempt to resolve the issue.\n\t(4)\tThe parties must have regard to all relevant matters, including the following:\n\t(a)\tthe degree and immediacy of risk to workers or other persons involved in the issue;\n\t(b)\tthe number and location of workers and other persons affected by the issue;\n\t(c)\tthe measures (both temporary and permanent) that must be implemented to resolve the issue;\n\t(d)\twho will be responsible for implementing the resolution measures.\n\t(5)\tA party may, in resolving the issue, be assisted or represented by a person nominated by the party.\n\t(6)\tIf the issue is resolved, details of the issue and its resolution must be set out in a written agreement if any party to the issue requests this.\nUnder the Act, parties to an issue include not only a person conducting a business or undertaking, a worker and a health and safety representative, but also representatives of these persons (see section 80 of the Act).\n\t(7)\tIf a written agreement is prepared all parties to the issue must be satisfied that the agreement reflects the resolution of the issue.\n\t(8)\tA copy of the written agreement must be given to—\n\t(a)\tall parties to the issue; and\n\t(b)\tif requested, to the health and safety committee for the workplace.\n\t(9)\tTo avoid doubt, nothing in this procedure prevents a worker from bringing a work health and safety issue to the attention of the worker's health and safety representative.\nPart 3—Cessation of unsafe work\n24—Continuity of engagement of worker\nFor the purposes of section 88 of the Act, the prescribed purposes are the assessment of eligibility for, or the calculation of benefits for, any benefit or entitlement associated with the worker's engagement, including 1 or more of the following:\n\t(a)\tremuneration and promotion, as affected by seniority;\n\t(b)\tsuperannuation benefits;\n\t(c)\tleave entitlements;\n\t(d)\tany entitlement to notice of termination of the engagement.\n","sortOrder":7},{"sectionNumber":"Part 4","sectionType":"part","heading":"Workplace entry by WHS entry permit holders","content":"Part 4—Workplace entry by WHS entry permit holders\n25—Training requirements for WHS entry permits\n\t(1)\tThe prescribed training for the purposes of sections 131 and 133 of the Act is training or refresher training, that is provided or approved by the regulator, in relation to the following:\n\t(a)\tthe right of entry requirements under Part 7 of the Act;\n\t(b)\tthe issue resolution requirements under the Act and these regulations;\n\t(c)\tthe duties under, and the framework of, the Act and these regulations;\n\t(d)\tthe requirements for the management of risks under section 17 of the Act;\n\t(e)\tthe meaning of reasonably practicable as set out in section 18 of the Act;\n\t(f)\tthe relationship between the Act and these regulations and the Fair Work Act or the Fair Work Act 1994.\n\t(2)\tThe training must include providing the participant with information about the availability of any guidance material published by the regulator in relation to the Act and these regulations.\n\t(3)\tFor the purposes of approving training, the regulator may have regard to any relevant matters, including—\n\t(a)\tthe content and quality of the curriculum, including its relevance to the powers and functions of a WHS permit holder; and\n\t(b)\tthe qualifications, knowledge and experience of the person who is to provide the course.\n\t(4)\tTraining in relation to the matters referred to in subregulation (1) that occurred before the commencement of this regulation may be approved by the regulator for the purposes of this regulation.\n\t(5)\tAn approval of training by the regulator for the purposes of this regulation may be varied or revoked by the regulator.\n\t(6)\tThe regulator may impose conditions on an approval under this regulation and may vary those conditions.\n26—Form of WHS entry permit\nA WHS entry permit must include the following:\n\t(a)\tthe section of the Act under which the WHS entry permit is issued;\n\t(b)\tthe full name of the WHS entry permit holder;\n\t(c)\tthe name of the union that the WHS entry permit holder represents;\n\t(d)\ta statement that the WHS entry permit holder is entitled, while the WHS entry permit is in force, to exercise the rights given to the WHS entry permit holder under the Act;\n\t(e)\tthe date of issue of the WHS entry permit;\n\t(f)\tthe expiry date for the WHS entry permit;\n\t(g)\tthe signature of the WHS entry permit holder;\n\t(h)\tany conditions on the WHS entry permit.\n27—Notice of entry—general\nA notice of entry under Part 7 of the Act must—\n\t(a)\tbe written; and\n\t(b)\tinclude the following:\n\t(i)\tthe full name of the WHS entry permit holder;\n\t(ii)\tthe name of the union that the WHS entry permit holder represents;\n\t(iii)\tthe section of the Act under which the WHS entry permit holder is entering or proposing to enter the workplace;\n\t(iv)\tthe name and address of the workplace entered or proposed to be entered;\n\t(v)\tthe date of entry or proposed entry;\n\t(vi)\tthe additional information and other matters required under regulation 28, 29 or 30 (as applicable).\n28—Additional requirements—entry under section 117\n\t(1)\tThe following requirements are prescribed under section 117(3)(b) of the Act:\n\t(a)\tnotice to the Executive Director about the proposed entry must be given by contacting the Department by telephone using a number determined by the Executive Director and published on a website maintained or used by the Department;\n\t(b)\tthe WHS entry permit holder must provide the following information:\n\t(i)\this or her full name;\n\t(ii)\this or her permit number;\n\t(iii)\tthe name and address of the workplace proposed to be entered;\n\t(iv)\tthe date of proposed entry;\n\t(v)\tso far as is practicable, particulars of the suspected contravention to which the notice relates;\n\t(vi)\twhether there is considered to be a serious risk to the health or safety of a person emanating from an immediate or imminent risk and, if so, any details about the situation known to the WHS entry permit holder.\n\t(2)\tThe following requirements are prescribed for the purposes of a report to the Executive Director under section 117 of the Act:\n\t(a)\tthe report must be set out in a document that is furnished to the Executive Director at an email address, postal address or fax number determined by the Executive Director and published on a website maintained or used by the Department; and\n\t(b)\tthe report must set out the following information:\n\t(i)\tthe WHS entry permit holder's full name;\n\t(ii)\tthe permit number;\n\t(iii)\tthe name and address of the workplace that was entered;\n\t(iv)\tthe date of entry;\n\t(v)\tdetails of any contravention of the Act that, in the opinion of the WHS entry permit holder, has occurred.\n\t(3)\tA notice of entry under section 119 of the Act in relation to an entry under section 117 must also include the following:\n\t(a)\tso far as is practicable, the particulars of the suspected contravention to which the notice relates;\n\t(b)\ta declaration stating—\n\t(i)\tthat the union is entitled to represent the industrial interests of a worker who carries out work at the workplace entered and is a member, or eligible to be a member, of that union; and\n\t(ii)\tthe provision in the union's rules that entitles the union to represent the industrial interests of that worker; and\n\t(iii)\tthat the suspected contravention relates to, or affects, that worker.\nSection 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.\n29—Additional requirements—entry under section 120\nA notice of entry under section 120 of the Act in relation to an entry under that section must also include the following:\n\t(a)\tso far as is practicable, the particulars of the suspected contravention to which the notice relates;\n\t(b)\ta description of the employee records and other documents, or of the classes of records and documents, directly relevant to the suspected contravention, that are proposed to be inspected;\n\t(c)\ta declaration stating—\n\t(i)\tthat the union is entitled to represent the industrial interests of a worker who is a member, or eligible to be a member, of that union; and\n\t(ii)\tthe provision in the union's rules that entitles the union to represent the industrial interests of that worker; and\n\t(iii)\tthat the suspected contravention relates to, or affects, that worker; and\n\t(iv)\tthat the records or documents proposed to be inspected relate to that contravention.\nSection 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.\n30—Additional requirements—entry under section 121\nA notice of entry under section 122 of the Act in relation to an entry under section 121 must also include a declaration stating—\n\t(a)\tthat the union is entitled to represent the industrial interests of a worker who carries out work at the workplace proposed to be entered and is a member, or eligible to be a member, of that union; and\n\t(b)\tthe provision in the union's rules that entitles the union to represent the industrial interests of that worker.\nSection 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.\n31—Register of WHS entry permit holders\nFor the purposes of section 151 of the Act, the authorising authority must publish on its website—\n\t(a)\tan up‑to‑date register of WHS entry permit holders; and\n\t(b)\tthe date on which the register was last updated.\nChapter 3—General risk and workplace management\nPart 1—Managing risks to health and safety\n32—Application of Chapter 3 Part 1\nThis Part applies to a person conducting a business or undertaking who has a duty under these regulations to manage risks to health and safety.\n33—Specific requirements must be complied with\nAny specific requirements under these regulations for the management of risk must be complied with when implementing the requirements of this Part.\n\t1\tA requirement not to exceed an exposure standard.\n\t2\tA duty to implement a specific control measure.\n\t3\tA duty to assess risk.\n34—Duty to identify hazards\nA duty holder, in managing risks to health and safety, must identify reasonably foreseeable hazards that could give rise to risks to health and safety.\n35—Managing risks to health and safety\nA duty holder, in managing risks to health and safety, must—\n\t(a)\teliminate risks to health and safety so far as is reasonably practicable; and\n\t(b)\tif it is not reasonably practicable to eliminate risks to health and safety—minimise those risks so far as is reasonably practicable.\n36—Hierarchy of control measures\n\t(1)\tThis regulation applies if it is not reasonably practicable for a duty holder to eliminate risks to health and safety.\n\t(2)\tA duty holder, in minimising risks to health and safety, must implement risk control measures in accordance with this regulation.\n\t(3)\tThe duty holder must minimise risks, so far as is reasonably practicable, by doing 1 or more of the following:\n\t(a)\tsubstituting (wholly or partly) the hazard giving rise to the risk with something that gives rise to a lesser risk;\n\t(b)\tisolating the hazard from any person exposed to it;\n\t(c)\timplementing engineering controls.\n\t(4)\tIf a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by implementing administrative controls.\n\t(5)\tIf a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by ensuring the provision and use of suitable personal protective equipment.\nA combination of the controls set out in this regulation may be used to minimise risks so far as is reasonably practicable if a single control is not sufficient for the purpose.\n37—Maintenance of control measures\nA duty holder who implements a control measure to eliminate or minimise risks to health and safety must ensure that the control measure is, and is maintained so that it remains, effective, including by ensuring that the control measure is and remains—\n\t(a)\tfit for purpose; and\n\t(b)\tsuitable for the nature and duration of the work; and\n\t(c)\tinstalled, set up and used correctly.\n38—Review of control measures\n\t(1)\tA duty holder must review and, as necessary, revise control measures implemented under these regulations so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety.\n\t(2)\tWithout limiting subregulation (1), the duty holder must review and, as necessary, revise a control measure in the following circumstances:\n\t(a)\tthe control measure does not control the risk it was implemented to control so far as is reasonably practicable;\n1\tThe results of monitoring show that the control measure does not control the risk.\n2\tA notifiable incident occurs because of the risk.\n\t(b)\tbefore a change at the workplace that is likely to give rise to a new or different risk to health or safety that the measure may not effectively control;\n\t(c)\ta new relevant hazard or risk is identified;\n\t(d)\tthe results of consultation by the duty holder under the Act or these regulations indicate that a review is necessary;\n\t(e)\ta health and safety representative requests a review under subregulation (4).\n\t(3)\tWithout limiting subregulation (2)(b), a change at the workplace includes—\n\t(a)\ta change to the workplace itself or any aspect of the work environment; or\n\t(b)\ta change to a system of work, a process or a procedure.\n\t(4)\tA health and safety representative for workers at a workplace may request a review of a control measure if the representative reasonably believes that—\n\t(a)\ta circumstance referred to in subregulation (2)(a), (b), (c) or (d) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and\n\t(b)\tthe duty holder has not adequately reviewed the control measure in response to the circumstance.\nPart 2—General workplace management\n","sortOrder":8},{"sectionNumber":"Div 1","sectionType":"division","heading":"Information, training and instruction","content":"Division 1—Information, training and instruction\n39—Provision of information, training and instruction\n\t(1)\tThis regulation applies for the purposes of section 19 of the Act to a person conducting a business or undertaking.\n\t(2)\tThe person must ensure that information, training and instruction provided to a worker is suitable and adequate having regard to—\n\t(a)\tthe nature of the work carried out by the worker; and\n\t(b)\tthe nature of the risks associated with the work at the time the information, training or instruction is provided; and\n\t(c)\tthe control measures implemented.\n\t(3)\tThe person must ensure, so far as is reasonably practicable, that the information, training and instruction provided to a worker is provided in a way that is readily understandable by any person to whom it is provided.\nDivision 2—General working environment\n40—Duty in relation to general workplace facilities\nA person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, the following:\n\t(a)\tthe layout of the workplace allows, and the workplace is maintained so as to allow, for persons to enter and exit and to move about without risk to health and safety, both under normal working conditions and in an emergency;\n\t(b)\twork areas have space for work to be carried out without risk to health and safety;\n\t(c)\tfloors and other surfaces are designed, installed and maintained to allow work to be carried out without risk to health and safety;\n\t(d)\tlighting enables—\n\t(i)\teach worker to carry out work without risk to health and safety; and\n\t(ii)\tpersons to move within the workplace without risk to health and safety; and\n\t(iii)\tsafe evacuation in an emergency;\n\t(e)\tventilation enables workers to carry out work without risk to health and safety;\n\t(f)\tworkers carrying out work in extremes of heat or cold are able to carry out work without risk to health and safety;\n\t(g)\twork in relation to or near essential services does not give rise to a risk to the health and safety of persons at the workplace.\n41—Duty to provide and maintain adequate and accessible facilities\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, the provision of adequate facilities for workers, including toilets, drinking water, washing facilities and eating facilities.\n\t(2)\tThe person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that the facilities provided under subregulation (1) are maintained so as to be—\n\t(a)\tin good working order; and\n\t(b)\tclean, safe and accessible.\n\t(3)\tFor the purposes of this regulation, a person conducting a business or undertaking must have regard to all relevant matters, including the following:\n\t(c)\tthe size, location and nature of the workplace;\n\t(d)\tthe number and composition of the workers at the workplace.\n","sortOrder":9},{"sectionNumber":"Div 3","sectionType":"division","heading":"First aid","content":"Division 3—First aid\n42—Duty to provide first aid\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure—\n\t(a)\tthe provision of first aid equipment for the workplace; and\n\t(b)\tthat each worker at the workplace has access to the equipment; and\n\t(c)\taccess to facilities for the administration of first aid.\n\t(2)\tA person conducting a business or undertaking at a workplace must ensure that—\n\t(a)\tan adequate number of workers are trained to administer first aid at the workplace; or\n\t(b)\tworkers have access to an adequate number of other persons who have been trained to administer first aid.\n\t(3)\tFor the purposes of this regulation, the person conducting the business or undertaking must have regard to all relevant matters, including the following:\n\t(c)\tthe size and location of the workplace;\n\t(d)\tthe number and composition of the workers and other persons at the workplace.\n","sortOrder":10},{"sectionNumber":"Div 4","sectionType":"division","heading":"Emergency plans","content":"Division 4—Emergency plans\n43—Duty to prepare, maintain and implement emergency plan\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure that an emergency plan is prepared for the workplace, that provides for the following:\n\t(a)\temergency procedures, including—\n\t(i)\tan effective response to an emergency; and\n\t(ii)\tevacuation procedures; and\n\t(iii)\tnotifying emergency service organisations at the earliest opportunity; and\n\t(iv)\tmedical treatment and assistance; and\n\t(v)\teffective communication between the person authorised by the person conducting the business or undertaking to coordinate the emergency response and all persons at the workplace;\n\t(b)\ttesting of the emergency procedures, including the frequency of testing;\n\t(c)\tinformation, training and instruction to relevant workers in relation to implementing the emergency procedures.\n\t(2)\tA person conducting a business or undertaking at a workplace must maintain the emergency plan for the workplace so that it remains effective.\n\t(3)\tFor the purposes of subregulation (1) and (2), the person conducting the business or undertaking must have regard to all relevant matters, including the following:\n\t(c)\tthe size and location of the workplace;\n\t(d)\tthe number and composition of the workers and other persons at the workplace.\n\t(4)\tA person conducting a business or undertaking at a workplace must implement the emergency plan for the workplace in the event of an emergency.\n","sortOrder":11},{"sectionNumber":"Div 5","sectionType":"division","heading":"Personal protective equipment","content":"Division 5—Personal protective equipment\n44—Provision to workers and use of personal protective equipment\n\t(1)\tThis regulation applies if personal protective equipment is to be used to minimise a risk to health and safety in relation to work at a workplace in accordance with regulation 36.\n\t(2)\tThe person conducting a business or undertaking who directs the carrying out of work must provide the personal protective equipment to workers at the workplace, unless the personal protective equipment has been provided by another person conducting a business or undertaking.\nEquipment that has been provided by a labour hire company.\n\t(3)\tThe person conducting the business or undertaking who directs the carrying out of work must ensure that personal protective equipment provided under subregulation (2) is—\n\t(a)\tselected to minimise risk to health and safety, including by ensuring that the equipment is—\n\t(i)\tsuitable having regard to the nature of the work and any hazard associated with the work; and\n\t(ii)\ta suitable size and fit and reasonably comfortable for the worker who is to use or wear it; and\n\t(b)\tmaintained, repaired or replaced so that it continues to minimise risk to the worker who uses it, including by ensuring that the equipment is—\n\t(i)\tclean and hygienic; and\n\t(ii)\tin good working order; and\n\t(c)\tused or worn by the worker, so far as is reasonably practicable.\n\t(4)\tThe person conducting a business or undertaking who directs the carrying out of work must provide the worker with information, training and instruction in the—\n\t(a)\tproper use and wearing of personal protective equipment; and\n\t(b)\tstorage and maintenance of personal protective equipment.\nA person conducting a business or undertaking must not charge or impose a levy on a worker for the provision of personal protective equipment (see section 273 of the Act).\n45—Personal protective equipment used by other persons\nThe person conducting a business or undertaking who directs the carrying out of work must ensure, so far as is reasonably practicable, that—\n\t(a)\tpersonal protective equipment to be used or worn by any person other than a worker at the workplace is capable of minimising risk to the person's health and safety; and\n\t(b)\tthe person uses or wears the equipment.\n46—Duties of worker\n\t(1)\tThis regulation applies if a person conducting a business or undertaking provides a worker with personal protective equipment.\n\t(2)\tThe worker must, so far as the worker is reasonably able, use or wear the equipment in accordance with any information, training or reasonable instruction by the person conducting the business or undertaking.\n\t(3)\tThe worker must not intentionally misuse or damage the equipment.\n\t(4)\tThe worker must inform the person conducting the business or undertaking of any damage to, defect in or need to clean or decontaminate any of the equipment of which the worker becomes aware.\n47—Duty of person other than worker\nA person other than a worker must wear personal protective equipment at a workplace in accordance with any information, training or reasonable instruction provided by the person conducting the business or undertaking at the workplace.\n","sortOrder":12},{"sectionNumber":"Div 6","sectionType":"division","heading":"Remote or isolated work","content":"Division 6—Remote or isolated work\n48—Remote or isolated work\n\t(1)\tA person conducting a business or undertaking must manage risks to the health and safety of a worker associated with remote or isolated work in accordance with Chapter 3 Part 1.\n\t(2)\tIn minimising risks to the health and safety of a worker associated with remote or isolated work, a person conducting a business or undertaking must provide a system of work that includes effective communication with the worker.\nassistance includes rescue, medical assistance and the attendance of emergency service workers;\nremote or isolated work, in relation to a worker, means work that is isolated from the assistance of other persons because of location, time or the nature of the work.\n","sortOrder":13},{"sectionNumber":"Div 7","sectionType":"division","heading":"Managing risks from airborne contaminants","content":"Division 7—Managing risks from airborne contaminants\n49—Ensuring exposure standards for substances and mixtures not exceeded\nA person conducting a business or undertaking at a workplace must ensure that no person at the workplace is exposed to a substance or mixture in an airborne concentration that exceeds the exposure standard for the substance or mixture.\n50—Monitoring airborne contaminant levels\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure that air monitoring is carried out to determine the airborne concentration of a substance or mixture at the workplace to which an exposure standard applies if—\n\t(a)\tthe person is not certain on reasonable grounds whether or not the airborne concentration of the substance or mixture at the workplace exceeds the relevant exposure standard; or\n\t(b)\tmonitoring is necessary to determine whether there is a risk to health.\n\t(2)\tA person conducting a business or undertaking at a workplace must ensure that the results of air monitoring carried out under subregulation (1) are recorded, and kept for 30 years after the date the record is made.\n\t(3)\tA person conducting a business or undertaking at a workplace must ensure that the results of air monitoring carried out under subregulation (1) are readily accessible to persons at the workplace who may be exposed to the substance or mixture.\n","sortOrder":14},{"sectionNumber":"Div 8","sectionType":"division","heading":"Hazardous atmospheres","content":"Division 8—Hazardous atmospheres\n51—Managing risks to health and safety\n\t(1)\tA person conducting a business or undertaking at a workplace must manage risks to health and safety associated with a hazardous atmosphere at the workplace, in accordance with Chapter 3 Part 1.\n\t(2)\tAn atmosphere is a hazardous atmosphere if—\n\t(a)\tthe atmosphere does not have a safe oxygen level; or\n\t(b)\tthe concentration of oxygen in the atmosphere increases the fire risk; or\n\t(c)\tthe concentration of flammable gas, vapour, mist, or fumes exceeds 5% of the LEL for the gas, vapour, mist or fumes; or\n\t(d)\tcombustible dust is present in a quantity and form that would result in a hazardous area.\n52—Ignition sources\n\t(1)\tA person conducting a business or undertaking at a workplace must manage risks to health and safety associated with an ignition source in a hazardous atmosphere at the workplace, in accordance with Chapter 3 Part 1.\n\t(2)\tThis regulation does not apply if the ignition source is part of a deliberate process or activity at the workplace.\n","sortOrder":15},{"sectionNumber":"Div 9","sectionType":"division","heading":"Storage of flammable or combustible substances","content":"Division 9—Storage of flammable or combustible substances\n53—Flammable and combustible material not to be accumulated\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure that, if flammable or combustible substances are kept at the workplace, the substances are kept at the lowest practicable quantity for the workplace.\nflammable or combustible substances include—\n\t(a)\tflammable and combustible liquids, including waste liquids, in containers, whether empty or full; and\n\t(b)\tgas cylinders, whether empty or full.\n","sortOrder":16},{"sectionNumber":"Div 10","sectionType":"division","heading":"Falling objects","content":"Division 10—Falling objects\n54—Management of risk of falling objects\nA person conducting a business or undertaking at a workplace must manage, in accordance with Chapter 3 Part 1, risks to health and safety associated with an object falling on a person if the falling object is reasonably likely to injure the person.\n55—Minimising risk associated with falling objects\n\t(1)\tThis regulation applies if it is not reasonably practicable to eliminate the risk referred to in regulation 54.\n\t(2)\tThe person conducting the business or undertaking at a workplace must minimise the risk of an object falling on a person by providing adequate protection against the risk in accordance with this regulation.\n\t(3)\tThe person provides adequate protection against the risk if the person provides and maintains a safe system of work, including—\n\t(a)\tpreventing an object from falling freely, so far as is reasonably practicable; or\n\t(b)\tif it is not reasonably practicable to prevent an object from falling freely—providing, so far as is reasonably practicable, a system to arrest the fall of a falling object.\n1\tProviding a secure barrier.\n2\tProviding a safe means of raising and lowering objects.\n3\tProviding an exclusion zone persons are prohibited from entering.\nDivision 11—Psychosocial risks\n55A—Meaning of psychosocial hazard\nA psychosocial hazard is a hazard that—\n\t(a)\tarises from, or relates to—\n\t(i)\tthe design or management of work; or\n\t(ii)\ta work environment; or\n\t(iii)\tplant at a workplace; or\n\t(iv)\tworkplace interactions or behaviours; and\n\t(b)\tmay cause psychological harm (whether or not it may also cause physical harm).\n55B—Meaning of psychosocial risk\nA psychosocial risk is a risk to the health or safety of a worker or other person arising from a psychosocial hazard.\n55C—Managing psychosocial risks\nA person conducting a business or undertaking must manage psychosocial risks in accordance with Chapter 3 Part 1.\nWHS Act—section 19 (see regulation 9).\n55D—Control measures\n\t(1)\tThis regulation applies to a person conducting a business or undertaking who implements control measures to manage psychosocial risks in accordance with Chapter 3 Part 1.\n\t(2)\tIn determining the control measures to implement, the person must have regard to all relevant matters, including—\n\t(a)\tthe duration, frequency and severity of the exposure of workers and other persons to the psychosocial hazards; and\n\t(b)\thow the psychosocial hazards may interact or combine; and\n\t(c)\tthe design of work, including job demands and tasks; and \n\t(d)\tthe systems of work, including how work is managed, organised and supported; and\n\t(e)\tthe design and layout, and environmental conditions, of the workplace, including the provision of—\n\t(i)\tsafe means of entering and exiting the workplace; and\n\t(ii)\tfacilities for the welfare of workers; and\n\t(f)\tthe design and layout, and environmental conditions, of workers' accommodation; and\n\t(g)\tthe plant, substances and structures at the workplace; and\n\t(h)\tworkplace interactions or behaviours; and\n\t(i)\tthe information, training, instruction and supervision provided to workers.\nworkers' accommodation means premises to which section 19(4) of the Act applies.\nChapter 4—Hazardous work\nPart 1—Noise\n56—Meaning of exposure standard for noise\n\t(1)\tIn these regulations—\nexposure standard for noise, in relation to a person, means—\n\t(a)\tLAeq,8h of 85 dB(A); or\n\t(b)\tLC,peak of 140 dB(C).\nLAeq,8h means the eight‑hour equivalent continuous A‑weighted sound pressure level in decibels (dB(A)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure);\nLC,peak means the C‑weighted peak sound pressure level in decibels (dB(C)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005  (Occupational noise management—Measurement and assessment of noise immission and exposure).\n57—Managing risk of hearing loss from noise\n\t(1)\tA person conducting a business or undertaking at a workplace must manage, in accordance with Chapter 3 Part 1, risks to health and safety relating to the risk of hearing loss associated with noise.\n\t(2)\tA person conducting a business or undertaking at a workplace must ensure that the noise that a worker is exposed to at the workplace does not exceed the exposure standard for noise.\n58—Audiometric testing\n\t(1)\tThis regulation applies in relation to a worker who is frequently required by the person conducting the business or undertaking to use personal protective equipment to protect the worker from the risk of hearing loss associated with noise that exceeds the exposure standard for noise.\n\t(2)\tThe person conducting the business or undertaking who provides the personal protective equipment as a control measure must provide audiometric testing for the worker—\n\t(a)\twithin 3 months of the worker commencing the work; and\n\t(b)\tin any event, at least every 2 years.\naudiometric testing means the testing and measurement of the hearing threshold levels of each ear of a person by means of pure tone air conduction threshold tests.\n59—Duties of designers, manufacturers, importers and suppliers of plant\n\t(1)\tA designer of plant must ensure that the plant is designed so that its noise emission is as low as is reasonably practicable.\n\t(2)\tA designer of plant must give to each person who is provided with the design for the purpose of giving effect to it adequate information about—\n\t(a)\tthe noise emission values of the plant; and\n\t(b)\tthe operating conditions of the plant when noise emission is to be measured; and\n\t(c)\tthe methods the designer has used to measure the noise emission of the plant.\n\t(3)\tA manufacturer of plant must ensure that the plant is manufactured so that its noise emission is as low as is reasonably practicable.\n\t(4)\tA manufacturer of plant must give to each person to whom the manufacturer provides the plant adequate information about—\n\t(a)\tthe noise emission values of the plant; and\n\t(b)\tthe operating conditions of the plant when noise emission is to be measured; and\n\t(c)\tthe methods the manufacturer has used to measure the noise emission of the plant.\n\t(5)\tAn importer of plant must take all reasonable steps to—\n\t(a)\tobtain information about—\n\t(i)\tthe noise emission values of the plant; and\n\t(ii)\tthe operating conditions of the plant when noise emission is to be measured; and\n\t(iii)\tthe methods the designer or manufacturer has used to measure the noise emission of the plant; and\n\t(6)\tA supplier of plant must take all reasonable steps to—\n\t(a)\tobtain the information the designer, manufacturer or importer is required to give a supplier under subregulation (2), (4) or (5); and\n\t(b)\tgive that information to any person to whom the supplier supplies the plant.\nPart 2—Hazardous manual tasks\n60—Managing risks to health and safety\n\t(1)\tA person conducting a business or undertaking must manage risks to health and safety relating to a musculoskeletal disorder associated with a hazardous manual task, in accordance with Chapter 3 Part 1.\n\t(2)\tIn determining the control measures to implement under subregulation (1), the person conducting the business or undertaking must have regard to all relevant matters that may contribute to a musculoskeletal disorder, including—\n\t(a)\tpostures, movements, forces and vibration relating to the hazardous manual task; and\n\t(b)\tthe duration and frequency of the hazardous manual task; and\n\t(c)\tworkplace environmental conditions that may affect the hazardous manual task or the worker performing it; and\n\t(d)\tthe design of the work area; and\n\t(e)\tthe layout of the workplace; and\n\t(f)\tthe systems of work used; and\n\t(g)\tthe nature, size, weight or number of persons, animals or things involved in carrying out the hazardous manual task.\n61—Duties of designers, manufacturers, importers and suppliers of plant or structures\n\t(1)\tA designer of plant or a structure must ensure that the plant or structure is designed so as to eliminate the need for any hazardous manual task to be carried out in connection with the plant or structure.\n\t(2)\tIf it is not reasonably practicable to comply with subregulation (1), the designer must ensure that the plant or structure is designed so that the need for any hazardous manual task to be carried out in connection with the plant or structure is minimised so far as is reasonably practicable.\n\t(3)\tThe designer must give to each person who is provided with the design for the purposes of giving effect to it adequate information about the features of the plant or structure that eliminate or minimise the need for any hazardous manual task to be carried out in connection with the plant or structure.\n\t(4)\tA manufacturer of plant or a structure must ensure that the plant or structure is manufactured so as to eliminate the need for any hazardous manual task to be carried out in connection with the plant or structure.\n\t(5)\tIf it is not reasonably practicable to comply with subregulation (4), the manufacturer must ensure that the plant or structure is manufactured so that the need for any hazardous manual task to be carried out in connection with the plant or structure is minimised so far as is reasonably practicable.\n\t(6)\tThe manufacturer must give to each person to whom the manufacturer provides the plant or structure adequate information about the features of the plant or structure that eliminate or minimise the need for any hazardous manual task to be carried out in connection with the plant or structure.\n\t(7)\tAn importer of plant or a structure must take all reasonable steps to—\n\t(a)\tobtain the information the designer or manufacturer is required to give an importer under subregulation (3) or (6); and\n\t(8)\tA supplier of plant or a structure must take all reasonable steps to—\n\t(a)\tobtain the information the designer, manufacturer or importer is required to give a supplier under subregulation (3), (6) or (7); and\n\t(b)\tgive that information to any person to whom the supplier supplies the plant.\nPart 3—Confined spaces\n62—Confined spaces to which this Part applies\n\t(1)\tThis Part applies to confined spaces that—\n\t(a)\tare entered by any person; or\n\t(b)\tare intended or likely to be entered by any person; or\n\t(c)\tcould be entered inadvertently by any person.\n\t(2)\tIn this Part, a reference to a confined space in relation to a person conducting a business or undertaking is a reference to a confined space that is under the person's management or control.\n63—Application to emergency service workers\nRegulations 67 and 68 do not apply to the entry into a confined space by an emergency service worker if, at the direction of the emergency service organisation, the worker is—\n\t(a)\trescuing a person from the space; or\n\t(b)\tproviding first aid to a person in the space.\nDivision 2—Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure\n64—Duty to eliminate or minimise risk\n\t(1)\tThis regulation applies in relation to plant or a structure that includes a space that is, or is intended to be, a confined space.\n\t(2)\tA designer, manufacturer, importer or supplier of the plant or structure, and a person who installs or constructs the plant or structure, must ensure that—\n\t(a)\tthe need for any person to enter the space and the risk of a person inadvertently entering the space are eliminated, so far as is reasonably practicable; or\n\t(b)\tif it is not reasonably practicable to eliminate the need to enter the space or the risk of a person inadvertently entering the space—\n\t(i)\tthe need or risk is minimised so far as is reasonably practicable; and\n\t(ii)\tthe space is designed with a safe means of entry and exit; and\n\t(iii)\tthe risk to the health and safety of any person who enters the space is eliminated so far as is reasonably practicable or, if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable.\nWHS Act—sections 22, 23, 24, 25 or 26 (see regulation 9).\nDivision 3—Duties of person conducting business or undertaking\n65—Entry into confined space must comply with this Division\nA person conducting a business or undertaking must ensure, so far as is reasonably practicable, that a worker does not enter a confined space before this Division has been complied with in relation to that space.\n66—Managing risks to health and safety\n\t(1)\tA person conducting a business or undertaking must manage, in accordance with Chapter 3 Part 1, risks to health and safety associated with a confined space at a workplace including risks associated with entering, working in, on or in the vicinity of the confined space (including a risk of a person inadvertently entering the confined space).\n\t(2)\tA person conducting a business or undertaking must ensure that a risk assessment is conducted by a competent person for the purposes of subregulation (1).\n\t(3)\tThe person must ensure that a risk assessment conducted under subregulation (2) is recorded in writing.\n\t(4)\tFor the purposes of subregulations (1) and (2), the person conducting a business or undertaking must have regard to all relevant matters, including the following:\n\t(a)\twhether the work can be carried out without the need to enter the confined space;\n\t(b)\tthe nature of the confined space;\n\t(c)\tif the hazard is associated with the concentration of oxygen or the concentration of airborne contaminants in the confined space—any change that may occur in that concentration;\n\t(d)\tthe work required to be carried out in the confined space, the range of methods by which the work can be carried out and the proposed method of working;\n\t(e)\tthe type of emergency procedures, including rescue procedures, required.\n\t(5)\tThe person conducting a business or undertaking must ensure that a risk assessment under this regulation is reviewed and as necessary revised by a competent person to reflect any review and revision of control measures under Chapter 3 Part 1.\n67—Confined space entry permit\n\t(1)\tA person conducting a business or undertaking at a workplace must not direct a worker to enter a confined space to carry out work unless the person has issued a confined space entry permit for the work.\n\t(2)\tA confined space entry permit must—\n\t(a)\tbe completed by a competent person; and\n\t(b)\tbe in writing; and\n\t(c)\tspecify the following:\n\t(i)\tthe confined space to which the permit relates;\n\t(ii)\tthe names of persons permitted to enter the space;\n\t(iii)\tthe period of time during which the work in the space will be carried out;\n\t(iv)\tmeasures to control risk associated with the proposed work in the space; and\n\t(d)\tcontain space for an acknowledgement that work in the confined space has been completed and that all persons have left the confined space.\n\t(3)\tThe control measures specified in a confined space permit must—\n\t(a)\tbe based on a risk assessment conducted under regulation 66; and\n\t(b)\tinclude—\n\t(i)\tcontrol measures to be implemented for safe entry; and\n\t(ii)\tdetails of the system of work provided under regulation 69.\n\t(4)\tThe person conducting a business or undertaking must ensure that, when the work for which the entry permit was issued is completed—\n\t(a)\tall workers leave the confined space; and\n\t(b)\tthe acknowledgement referred to in subregulation (2)(d) is completed by the competent person.\n68—Signage\n\t(1)\tA person conducting a business or undertaking must ensure that signs that comply with subregulation (2) are erected—\n\t(a)\timmediately before work in a confined space commences and while the work is being carried out; and\n\t(b)\twhile work is being carried out in preparation for, and in the completion of, work in a confined space.\n\t(2)\tThe signs must—\n\t(a)\tidentify the confined space; and\n\t(b)\tinform workers that they must not enter the space unless they have a confined space entry permit; and\n\t(c)\tbe clear and prominently located next to each entry to the space.\n69—Communication and safety monitoring\nA person conducting a business or undertaking must ensure that a worker does not enter a confined space to carry out work unless the person provides a system of work that includes—\n\t(a)\tcontinuous communication with the worker from outside the space; and\n\t(b)\tmonitoring of conditions within the space by a standby person who is in the vicinity of the space and, if practicable, observing the work being carried out.\n70—Specific control—connected plant and services\n\t(1)\tA person conducting a business or undertaking must, so far as is reasonably practicable, eliminate any risk associated with work in a confined space in either of the following circumstances:\n\t(a)\tthe introduction of any substance or condition into the space from or by any plant or services connected to the space;\n\t(b)\tthe activation or energising in any way of any plant or services connected to the space.\n\t(2)\tIf it is not reasonably practicable for the person to eliminate risk under subregulation (1), the person must minimise that risk so far as is reasonably practicable.\n71—Specific control—atmosphere\n\t(1)\tA person conducting a business or undertaking must ensure, in relation to work in a confined space, that—\n\t(a)\tpurging or ventilation of any contaminant in the atmosphere of the space is carried out, so far as is reasonably practicable; and\n\t(b)\tpure oxygen or gas mixtures with oxygen in a concentration exceeding 21% by volume are not used for purging or ventilation of any airborne contaminant in the space.\n\t(2)\tThe person must ensure that, while work is being carried out in a confined space—\n\t(a)\tthe atmosphere of the space has a safe oxygen level; or\n\t(b)\tif it is not reasonably practicable to comply with paragraph (a) and the atmosphere in the space has an oxygen level less than 19.5% by volume—any worker carrying out work in the space is provided with air supplied respiratory equipment.\npurging means the method used to displace any contaminant from a confined space.\n1\tRegulation 44 applies to the use of personal protective equipment, including the equipment provided under subregulation (2).\n2\tRegulation 50 also applies to airborne contaminants.\n72—Specific control—flammable gases and vapours\n\t(1)\tA person conducting a business or undertaking must ensure, so far as is reasonably practicable, that while work is being carried out in a confined space, the concentration of any flammable gas, vapour or mist in the atmosphere of the space is less than 5% of its LEL.\n\t(2)\tIf it is not reasonably practicable to limit the atmospheric concentration of a flammable gas, vapour or mist in a confined space to less than 5% of its LEL and the atmospheric concentration of the flammable gas, vapour or mist in the space is—\n\t(a)\tequal to or greater than 5% but less than 10% of its LEL—the person must ensure that any worker is immediately removed from the space unless a suitably calibrated, continuous‑monitoring flammable gas detector is used in the space; or\n\t(b)\tequal to or greater than 10% of its LEL—the person must ensure that any worker is immediately removed from the space.\n73—Specific control—fire and explosion\nA person conducting a business or undertaking must ensure that an ignition source is not introduced into a confined space (from outside or within the space) if there is a possibility of the ignition source causing a fire or explosion in the place.\n74—Emergency procedures\n\t(1)\tA person conducting a business or undertaking must—\n\t(a)\testablish first aid procedures and rescue procedures to be followed in the event of an emergency in a confined space; and\n\t(b)\tensure that the procedures are practised as necessary to ensure that they are efficient and effective.\n\t(2)\tThe person must ensure that first aid and rescue procedures are initiated from outside the confined space as soon as practicable in an emergency.\n\t(3)\tThe person must ensure, in relation to any confined space, that—\n\t(a)\tthe entry and exit openings of the confined space are large enough to allow emergency access; and\n\t(b)\tthe entry and exit openings of the space are not obstructed; and\n\t(c)\tplant, equipment and personal protective equipment provided for first aid or emergency rescue are maintained in good working order.\nSee Chapter 3 Part 2 for general provisions relating to first aid, personal protective equipment and emergency plans.\n75—Personal protective equipment in emergencies\n\t(1)\tThis regulation applies in relation to a worker who is to enter a confined space in order to carry out first aid or rescue procedures in an emergency.\n\t(2)\tThe person conducting the business or undertaking for which the worker is carrying out work must ensure that air supplied respiratory equipment is available for use by, and is provided to, the worker in an emergency in which—\n\t(a)\tthe atmosphere in the confined space does not have a safe oxygen level; or\n\t(b)\tthe atmosphere in the space has a harmful concentration of an airborne contaminant; or\n\t(c)\tthere is a serious risk of the atmosphere in the space becoming affected in the way referred to in paragraph (a) or (b) while the worker is in the space.\n\t(3)\tThe person conducting the business or undertaking for which the worker is carrying out work must ensure that suitable personal protective equipment is available for use by, and is provided to, the worker in an emergency in which—\n\t(a)\tan engulfment has occurred inside the confined space; or\n\t(b)\tthere is a serious risk of an engulfment occurring while the worker is in the space.\nRegulation 44 applies to the use of personal protective equipment, including the equipment provided under this regulation.\n76—Information, training and instruction for workers\n\t(1)\tA person conducting a business or undertaking must ensure that relevant workers are provided with suitable and adequate information, training and instruction in relation to the following:\n\t(a)\tthe nature of all hazards relating to a confined space;\n\t(b)\tthe need for, and the appropriate use of, control measures to control risks to health and safety associated with those hazards;\n\t(c)\tthe selection, fit, use, wearing, testing, storage and maintenance of any personal protective equipment;\n\t(d)\tthe contents of any confined space entry permit that may be issued in relation to work carried out by the worker in a confined space;\n\t(e)\temergency procedures.\n\t(2)\tThe person must ensure that a record of all training provided to a worker under this regulation is kept for 2 years.\nrelevant worker means—\n\t(a)\ta worker who, in carrying out work for the business or undertaking, could—\n\t(i)\tenter or work in a confined space; or\n\t(ii)\tcarry out any function in relation to work in a confined space or the emergency procedures established under regulation 74, but who is not required to enter the space; or\n\t(b)\tany person supervising a worker referred to in paragraph (a).\n77—Confined space entry permit and risk assessment must be kept\n\t(1)\tThis regulation applies if a person conducting a business or undertaking—\n\t(a)\tprepares a risk assessment under regulation 66; or\n\t(b)\tissues a confined space entry permit under regulation 67.\n\t(a)\ta copy of the risk assessment until at least 28 days after the work to which it relates is completed; and\n\t(b)\ta copy of the confined space entry permit at least until the work to which it relates is completed.\n\t(3)\tIf a notifiable incident occurs in connection with the work to which the assessment or permit relates, the person must keep the copy of the assessment or permit (as applicable) for at least 2 years after the incident occurs.\n\t(4)\tThe person must ensure that, for the period for which the assessment or permit must be kept under this regulation, a copy is available for inspection under the Act.\n\t(5)\tThe person must ensure that, for the period for which the assessment or permit must be kept under this regulation, a copy is available to any relevant worker on request.\nPart 4—Falls\n78—Management of risk of fall\n\t(1)\tA person conducting a business or undertaking at a workplace must manage, in accordance with Chapter 3 Part 1, risks to health and safety associated with a fall by a person from one level to another that is reasonably likely to cause injury to the person or any other person.\n\t(2)\tSubregulation (1) includes the risk of a fall—\n\t(a)\tin or on an elevated workplace from which a person could fall; or\n\t(b)\tin the vicinity of an opening through which a person could fall; or\n\t(c)\tin the vicinity of an edge over which a person could fall; or\n\t(d)\ton a surface through which a person could fall; or\n\t(e)\tin any other place from which a person could fall.\n\t(3)\tA person conducting a business or undertaking must ensure, so far as is reasonably practicable, that any work that involves the risk of a fall to which subregulation (1) applies is carried out on the ground or on a solid construction.\n\t(4)\tA person conducting a business or undertaking must provide safe means of access to and exit from—\n\t(a)\tthe workplace; and\n\t(b)\tany area within the workplace referred to in subregulation (2).\nsolid construction means an area that has—\n\t(a)\ta surface that is structurally capable of supporting all persons and things that may be located or placed on it; and\n\t(b)\tbarriers around its perimeter and any openings to prevent a fall; and\n\t(c)\tan even and readily negotiable surface and gradient; and\n\t(d)\ta safe means of entry and exit.\n79—Specific requirements to minimise risk of fall\n\t(1)\tThis regulation applies if it is not reasonably practicable for the person conducting a business or undertaking at a workplace to eliminate the risk of a fall to which regulation 78 applies.\n\t(2)\tThe person must minimise the risk of a fall by providing adequate protection against the risk in accordance with this regulation.\n\t(3)\tThe person provides adequate protection against the risk if the person provides and maintains a safe system of work, including by—\n\t(a)\tproviding a fall prevention device if it is reasonably practicable to do so; or\n\t(b)\tif it is not reasonably practicable to provide a fall prevention device, providing a work positioning system; or\n\t(c)\tif it is not reasonably practicable to comply with either paragraph (a) or (b), providing a fall arrest system, so far as is reasonably practicable.\nA safe system of work could include—\n\t•\tproviding temporary work platforms;\n\t•\tproviding training in relation to the risks involved in work at the workplace;\n\t•\tproviding safe work procedures, safe sequencing of work, safe use of ladders, permit systems and appropriate signs.\nA combination of the controls set out in this subregulation may be used to minimise risks so far as is practicable if a single control is not sufficient for the purpose.\n\t(4)\tThis regulation does not apply in relation to the following work:\n\t(a)\tthe performance of stunt work;\n\t(b)\tthe performance of acrobatics;\n\t(c)\ta theatrical performance;\n\t(d)\ta sporting or athletic activity;\n\t(e)\thorse riding.\nRegulation 36 applies to the management of risk in relation to this work.\nfall prevention device includes—\n\t(a)\ta secure fence; and\n\t(b)\tedge protection; and\n\t(c)\tworking platforms; and\n\t(d)\tcovers.\nSee regulation 5 for definitions of fall arrest system and work positioning system.\n80—Emergency and rescue procedures\n\t(1)\tThis regulation applies if a person conducting a business or undertaking provides a fall arrest system as a control risk measure.\n\t(2)\tWithout limiting regulation 79, the person must establish emergency procedures, including rescue procedures, in relation to the use of the fall arrest system.\n\t(3)\tThe person must ensure that the emergency procedures are tested so that they are effective.\n\t(4)\tThe person must provide relevant workers with suitable and adequate information, training and instruction in relation to the emergency procedures.\nrelevant worker means—\n\t(a)\ta worker who, in carrying out work in the business or undertaking, uses or is to use a fall arrest system; and\n\t(b)\ta worker who may be involved in initiating or implementing the emergency procedures.\nPart 5—High risk work\nDivision 1—Licensing of high risk work\nSubdivision 1—Requirement to be licensed\n81—Licence required to carry out high risk work\nA person must not carry out a class of high risk work unless the person holds a high risk work licence for that class of high risk work except as provided in regulation 82.\n1\tSee section 43 of the Act.\n2\tSchedule 3 sets out the high risk work licences and classes of high risk work that are within the scope of each licence. Schedule 4 sets out the qualifications required for a high risk work licence.\n82—Exceptions\n\t(1)\tA person who carries out high risk work is not required to be licensed if the work is carried out—\n\t(a)\tin the course of training towards a certification in order to be licensed to carry out the high risk work; and\n\t(b)\tunder the supervision of a person who is licensed to carry out the high risk work.\n\t(1a)\tA person who holds a certification in relation to a specified VET course for high risk work is not required to be licensed to carry out the work—\n\t(a)\tfor 60 days after the certification is issued; and\n\t(b)\tif the person applies for the relevant high risk work licence within that 60 day period, until—\n\t(i)\tthe person is granted the licence; or\n\t(ii)\tthe expiry of 28 days after the person is given written notice under regulation 91(2) of a decision to refuse to grant the licence.\n\t(1b)\tA person who carries out high risk work is not required to be licensed if the work is carried out while an accredited assessor is conducting an assessment of the person's competency in relation to the work.\n\t(2)\tA person who carries out high risk work involving plant is not required to be licensed if—\n\t(a)\tthe work is carried out at a workplace solely for the purpose of the manufacture, testing, trialling, installation, commissioning, maintenance, servicing, repair, alteration, demolition or disposal of the plant at that workplace or moving the plant while unloaded within the workplace; and\n\t(b)\tthe plant is operated or used without a load except when standard weight loads with predetermined fixing points are used for calibration of the plant.\n\t(3)\tFor the purposes of subregulation (2)(a), moving includes operating the plant in order to load the plant onto, or unload it from, a vehicle or equipment used to move it.\n\t(4)\tA person who carries out high risk work with a crane or hoist is not required to be licensed as a crane operator if—\n\t(a)\tthe work is limited to setting up or dismantling the crane or hoist; and\n\t(b)\tthe person carrying out the work holds a licence in relation to rigging, which qualifies the person to carry out the work.\nSee Schedule 3 for the classes of crane operator licence.\n\t(5)\tA person who carries out high risk work with a heritage boiler is not required to be licensed as a boiler operator.\n83—Recognition of high risk work licences in other jurisdictions\n\t(1)\tIn this Subdivision, a reference to a high risk work licence includes a reference to an equivalent licence—\n\t(a)\tthat was granted under a corresponding WHS law; and\n\t(2)\tSubregulation (1) does not apply to a licence that is suspended or cancelled or has expired in the corresponding jurisdiction.\n84—Duty of person conducting business or undertaking to ensure direct supervision\n\t(1)\tA person conducting a business or undertaking must ensure that a person supervising the work of a person carrying out high risk work as required by regulation 82(1) provides direct supervision of the person except in the circumstances set out in subregulation (2).\n\t(2)\tDirect supervision of a person is not required if—\n\t(a)\tthe nature or circumstances of a particular task make direct supervision impracticable or unnecessary; and\n\t(b)\tthe reduced level of supervision will not place the health or safety of the supervised person or any other person at risk.\ndirect supervision of a person means the oversight by the supervising person of the work of that person for the purposes of—\n\t(a)\tdirecting, demonstrating, monitoring and checking the person's work in a way that is appropriate to the person's level of competency; and\n\t(b)\tensuring a capacity to respond in an emergency situation.\n85—Evidence of licence—duty of person conducting business or undertaking\n\t(1)\tA person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work for which a high risk work licence is required unless the person sees written evidence provided by the worker that the worker has the relevant high risk work licence for that work.\n\t(2)\tA person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work in the circumstances referred to in regulation 82(1) unless the person sees written evidence provided by the worker that the worker is undertaking the course of training referred to in regulation 82(1)(a).\n\t(2a)\tA person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work in the circumstances referred to in regulation 82(1a) unless the person sees written evidence provided by the worker that the worker—\n\t(a)\tin the circumstances referred to in regulation 82(1a)(a)—holds a certification referred to in regulation 82(1a); and\n\t(b)\tin the circumstances referred to in regulation 82(1a)(b)—\n\t(i)\tholds a certification referred to in regulation 82(1a); and\n\t(ii)\thas applied for the relevant licence within the period referred to in regulation 82(1a)(b).\n\t(3)\tA person conducting a business or undertaking at a workplace must not direct or allow a worker to supervise high risk work as referred to in regulations 82(1) and 84 unless the person sees written evidence that the worker holds the relevant high risk work licence for that high risk work.\n\t(4)\tA person conducting a business or undertaking at a workplace must keep a record of the written evidence provided—\n\t(a)\tunder subregulation (1) or (2)—for at least 1 year after the high risk work is carried out;\n\t(b)\tunder subregulation (3)—for at least 1 year after the last occasion on which the worker performs the supervision work.\n","sortOrder":17},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Licensing process","content":"Subdivision 2—Licensing process\n86—Who may apply for a licence\nOnly a person who holds a qualification set out in Schedule 4 may apply for a high risk work licence.\n87—Application for high risk work licence\n\t(1)\tAn application for a high risk work licence must be made in the manner and form required by the regulator.\n\t(a)\tthe applicant's name and residential address;\n\t(b)\ta photograph of the applicant in the form required by the regulator;\n\t(c)\tevidence of the applicant's age;\n\t(e)\tthe class of high risk work licence to which the application relates;\n\t(f)\ta copy of a certification—\n\t(i)\tthat is held by the applicant in relation to the specified VET course, or each of the specified VET courses, for the high risk work licence applied for; and\n\t(ii)\tthat was issued not more than 60 days before the application is made;\n\t(g)\ta declaration that the applicant does not hold an equivalent licence under a corresponding WHS law;\n\t(h)\ta declaration as to whether or not the applicant has ever been convicted or found guilty of any offence under the Act or these regulations or under any corresponding WHS law;\n\t(i)\tdetails of any conviction or finding of guilt declared under paragraph (h);\n\t(j)\ta declaration as to whether or not the applicant has ever entered into an enforceable undertaking under the Act or under any corresponding WHS law;\n\t(k)\tdetails of any enforceable undertaking declared under paragraph (j);\n\t(l)\tif the applicant has previously been refused an equivalent licence under a corresponding WHS law, a declaration giving details of that refusal;\n\t(m)\tif the applicant has previously held an equivalent licence under a corresponding WHS law, a declaration—\n\t(i)\tdescribing any condition imposed on that licence; and\n\t(ii)\tstating whether or not that licence had been suspended or cancelled, and, if so, whether or not the applicant had been disqualified from applying for any licence; and\n\t(iii)\tgiving details of any suspension, cancellation or disqualification.\nSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n88—Additional information\n\t(1)\tIf an application for a high risk work licence does not contain sufficient information to enable the regulator to make a decision whether or not to grant the licence, the regulator may ask the applicant to provide additional information.\n\t(a)\tspecify the date (not being less than 28 days after the request) by which the additional information is to be given; and\n\t(3)\tIf an applicant does not provide the additional information by the date specified, the application is to be taken to have been withdrawn.\n89—Decision on application\n\t(1)\tSubject to subregulation (3), the regulator must grant a high risk work licence if satisfied about the matters referred to in subregulation (2).\n\t(b)\tthe applicant does not hold an equivalent licence under a corresponding WHS law unless that licence is due for renewal;\n\t(c)\tthe applicant—\n\t(ii)\tresides outside this State and circumstances exist that justify the grant of the licence;\n\t(d)\tthe applicant is at least 18 years of age;\n\t(e)\tthe applicant has provided the certification required under regulation 87(2)(f);\n\t(f)\tthe applicant is able to carry out the work to which the licence relates safely and competently.\n\t(3)\tThe regulator must refuse to grant a high risk work licence if satisfied that—\n\t(a)\tthe applicant is disqualified under a corresponding WHS law from holding an equivalent licence; or\n\t(4)\tIf the regulator decides to grant the licence, it must notify the applicant within 14 days after making the decision.\n\t(5)\tIf the regulator does not make a decision within 120 days after receiving the application or the additional information requested under regulation 88, the regulator is taken to have refused to grant the licence applied for.\nA refusal to grant a high risk work licence (including under subregulation (5)) is a reviewable decision (see regulation 676).\n90—Matters to be taken into account\nFor the purposes of regulation 89(2)(f), the regulator must have regard to all relevant matters, including the following:\n\t(a)\tany offence under the Act or these regulations or under a corresponding WHS law of which the applicant has been convicted or found guilty;\n\t(b)\tin relation to any equivalent licence applied for or held by the applicant under the Act or these regulations or under a corresponding WHS law—\n\t(ii)\tany condition imposed on the licence if granted; and\n\t(iii)\tany suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence;\n\t(c)\tany enforceable undertaking the applicant has entered into under the Act or a corresponding WHS law;\n\t(d)\tthe applicant's record in relation to any matters arising under the Act or these regulations or under a corresponding WHS law.\n91—Refusal to grant high risk work licence—process\n\t(1)\tIf the regulator proposes to refuse to grant a licence, the regulator must give a written notice to the applicant—\n\t(b)\tadvising the applicant that the applicant may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.\n\t(2)\tAfter the date specified in a notice under subregulation (1)(b), the regulator must—\n\t(a)\tif the applicant has made a submission in relation to the proposed refusal to grant the licence—consider that submission; and\n\t(b)\twhether or not the applicant has made a submission—decide whether to grant or refuse to grant the licence; and\n\t(c)\twithin 14 days after making that decision, give the applicant written notice of the decision, including the reasons for the decision.\nA decision to refuse to grant a licence is a reviewable decision (regulation 676).\n91A—Conditions of licence\n\t(1)\tThe regulator may impose any conditions the regulator considers appropriate on a high risk work licence.\n\t(a)\tcontrol measures that must be implemented in relation to the carrying out of work or activities under the licence;\n\t(b)\tthe circumstances in which work or activities authorised by the licence may be carried out.\n\t(3)\tThe regulator must give the licence holder written notice of any conditions imposed on the licence.\n1\tA person must comply with the conditions of a licence (see section 45 of the Act).\n92—Duration of licence\nSubject to this Division, a high risk work licence takes effect on the day it is granted and, unless cancelled earlier, expires 5 years after that day.\n93—Licence document\n\t(1)\tIf the regulator grants a high risk work licence, the regulator must issue to the applicant a licence document in the form determined by the regulator.\n\t(a)\tthe name of the licence holder;\n\t(b)\ta photograph of the licence holder;\n\t(c)\tthe date of birth of the licence holder;\n\t(d)\ta copy of the signature of the licence holder or provision for the inclusion of a copy signature;\n\t(e)\tthe class of high risk work licence and a description of the work within the scope of the licence;\n\t(f)\tthe date on which the licence was granted;\n\t(g)\tthe expiry date of the licence.\n\t(3)\tFor the purposes of subregulation (2)(e), if the regulator grants more than 1 class of high risk work licence to a person, the licence document must contain a description of each class of licence and the work that is within the scope of each licence.\n\t(4)\tIf a licence holder holds more than one high risk work licence, the regulator may issue to the licence holder 1 licence document in relation to some or all those licences.\n\t(5)\tDespite regulation 92, if a licence document is issued under subregulation (4), the licences to which that licence document related expire on the date that the first of those licences expires.\n94—Licence document to be available\n\t(1)\tA licence holder must keep the licence document available for inspection under the Act.\n\t(2)\tSubregulation (1) does not apply if the licence document is not in the licence holder's possession because—\n\t(a)\tit has been returned to the regulator under regulation 97; or\n\t(b)\tthe licence holder has applied for, but has not received, a replacement licence document under regulation 98.\n95—Reassessment of competency of licence holder\nThe regulator may direct a licence holder to obtain a reassessment of the competency of the licence holder to carry out the high risk work covered by the licence if the regulator reasonably believes that the licence holder may not be competent to carry out that work.\n1\tThe training or competency assessment of the licence holder did not meet the standard required to hold the licence.\n2\tThe regulator receives information that the licence holder has carried out high risk work incompetently.\nSubdivision 3—Amendment of licence document\n96—Notice of change of address\nThe licence holder of a high risk work licence must notify the regulator of a change of residential address, within 14 days of the change occurring.\n97—Licence holder to return licence\nIf a high risk work licence is amended, the licence holder must return the licence document to the regulator for amendment at the written request of the regulator and within the time specified in the request.\n98—Replacement licence document\n\t(1)\tA licence holder must notify the regulator as soon as practicable if the licence document is lost, stolen or destroyed.\n\t(2)\tIf a licence document is lost, stolen or destroyed, the licence holder may apply to the regulator for a replacement document.\nA licence holder is required to keep the licence document available for inspection (see regulation 94).\nSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n\t(c)\tbe accompanied by the relevant fee.\n\t(5)\tThe regulator must issue a replacement licence document if satisfied that the original document was lost, stolen or destroyed.\n\t(6)\tIf the regulator refuses to issue a replacement licence document, it must give the licence holder written notice of this decision, including the reasons for the decision, within 14 days after making the decision.\nA decision to refuse to replace a licence is a reviewable decision (see regulation 676).\n99—Voluntary surrender of licence\n\t(1)\tA licence holder may voluntarily surrender the licence document to the regulator.\n\t(2)\tThe licence expires on the surrender of the licence document.\n","sortOrder":18},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Renewal of high risk work licence","content":"Subdivision 4—Renewal of high risk work licence\n100—Regulator may renew licence\nThe regulator may renew a high risk work licence on application by the licence holder.\n101—Application for renewal\n\t(1)\tAn application for renewal of a high risk work licence must be made in the manner and form required by the regulator.\n\t(a)\tthe name and residential address of the applicant;\n\t(b)\tif required by the regulator, a photograph of the applicant in the form required by the regulator;\n\t(c)\tany other evidence of the applicant's identity required by the regulator;\n\t(d)\ta declaration by the applicant that he or she has maintained his or her competency to carry out the high risk work, including by obtaining any reassessment directed under regulation 95.\nSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n\t(4)\tThe application must be made before the expiry of the licence.\n102—Licence continues in force until application is decided\nIf a licence holder applies under regulation 100 for the renewal of a high risk work licence, the licence is taken to continue in force from the day it would, apart from this regulation, have expired until the licence holder is given notice of the decision on the application.\n103—Renewal of expired licence\n\t(1)\tA person whose high risk work licence has expired may apply for a renewal of that licence—\n\t(a)\twithin 12 months after the expiry of the licence; or\n\t(b)\tif the person satisfies the regulator that exceptional circumstances exist—within any longer period that the regulator allows.\n\t(2)\tAn application under subregulation (1) must include a declaration that the information contained in the application is, to the best of the applicant's knowledge, true and correct.\n\t1\tAs the licence has expired, the applicant cannot carry out the work covered by the licence until the licence is renewed. An application made after a period referred to in paragraph (a) or (b) would be an application for a new licence under regulation 87.\n\t2\tSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n104—Provisions relating to renewal of licence\n\t(1)\tFor the purposes of this Subdivision—\n\t(a)\tregulation 88 applies as if a reference in that regulation to an application for a licence were a reference to an application to renew a licence; and\n\t(b)\tregulations 89 (except subregulation (5)), 90, 91A and 92 apply as if a reference in those regulations to the grant of a licence were a reference to the renewal of a licence; and\n\t(c)\tregulation 91 applies as if a reference in that regulation to a refusal to grant a licence were a reference to a refusal to renew a licence.\n\t(2)\tThe regulator may renew a high risk work licence granted to a person under a corresponding WHS law unless that licence is renewed under that law.\nA refusal to renew a high risk work licence is a reviewable decision (see regulation 676).\n105—Status of licence during review\n\t(1)\tThis regulation applies if the regulator gives a licence holder written notice of its decision to refuse to renew the licence.\n\t(2)\tIf the licence holder does not apply for internal review of the decision, the licence continues to have effect until the last of the following events:\n\t(b)\tthe end of the period for applying for an internal review.\n\t(3)\tIf the licence holder applies for an internal review of the decision, the licence continues to have effect until the earlier of the following events:\n\t(4)\tIf the licence holder does not apply for an external review, the licence continues to have effect until the end of the time for applying for an external review.\n\t(5)\tIf the licence holder applies for an external review, the licence continues to have effect until the earlier of the following events:\n\t(a)\tthe licence holder withdraws the application for review; or\n\t(6)\tThe licence continues to have effect under this regulation even if its expiry date passes.\n","sortOrder":19},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Suspension and cancellation of high risk work licence","content":"Subdivision 5—Suspension and cancellation of high risk work licence\n106—Suspension or cancellation of licence\n\t(1)\tThe regulator may suspend or cancel a high risk work licence if satisfied about 1 or more of the following:\n\t(a)\tthe licence holder has failed to take reasonable care to carry out the high risk work safely and competently;\n\t(ab)\tthe licence holder has failed to comply with a condition of the licence;\n\t(b)\tthe licence holder has failed to obtain a reassessment of competency directed under regulation 95;\n\t(c)\tthe licence holder, in the application for the grant or renewal of the licence or on request by the regulator for additional information—\n\t(ii)\tfailed to give any material information that should have been given in that application or on that request;\n\t(d)\tthe licence was granted or renewed on the basis of a certification that was obtained on the basis of the giving of false or misleading information by any person or body or that was obtained improperly through a breach of a condition of accreditation by the accredited assessor who conducted the competency assessment.\n\t(2)\tIf the regulator suspends or cancels a licence, the regulator may disqualify the licence holder from applying for—\n\t(a)\ta further high risk work licence of the same class; or\n\t(b)\tanother licence under these regulations to carry out work which requires skills that are the same as or similar to those required for the work authorised by the licence that has been suspended or cancelled.\n\t(3)\tIf the regulator suspends a licence, the regulator may vary the conditions of the licence, including by imposing different or additional conditions.\n\t(4)\tA variation of conditions under subregulation (3) takes effect when the suspension of the licence ends.\n1\tA decision to suspend a licence, to cancel a licence or to disqualify the licence holder from applying for a further licence is a reviewable decision (see regulation 676).\n2\tA variation of licence conditions is a reviewable decision (see regulation 676).\n107—Matters taken into account\n\t(1)\tIn making a decision under regulation 106, the regulator must have regard to—\n\t(a)\tany submissions made by the licence holder under regulation 108; and\n\t(2)\tFor the purposes of regulation 106(1)(a), the regulator must have regard to all relevant matters, including the following:\n\t(a)\tany offence under the Act or these regulations or under a corresponding WHS law, of which the licence holder has been convicted or found guilty;\n\t(b)\tin relation to any equivalent licence applied for or held by the licence holder under the Act or these regulations or under a corresponding WHS law—\n\t(iii)\tany suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence;\n\t(c)\tany enforceable undertaking the licence holder has entered into under the Act or a corresponding WHS law;\n\t(d)\tthe licence holder's record in relation to any matters arising under the Act or these regulations or under a corresponding WHS law.\n108—Notice to and submissions by licence holder\n\t(1)\tBefore suspending or cancelling a high risk work licence, the regulator must give the licence holder a written notice of—\n\t(a)\tthe proposed suspension or cancellation; and\n\t(b)\tany proposed disqualification; and\n\t(c)\tany proposed variation of licence conditions.\n\t(2)\tA notice under subregulation (1) must—\n\t(a)\toutline all relevant allegations, facts and circumstances known to the regulator; and\n\t(b)\tadvise the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission in relation to the proposed suspension or cancellation, any proposed disqualification and any proposed variation of licence conditions.\n109—Notice of decision\n\t(1)\tThe regulator must give the licence holder written notice of a decision under regulation 106 to suspend or cancel a high risk work licence within 14 days after making the decision.\n\t(iii)\twhether the licence holder is required to undergo retraining or reassessment or take any other action before the suspension ends; and\n\t(iv)\twhether or not the licence holder is disqualified from applying for a further licence during the suspension; and\n\t(v)\tif licence conditions are to be varied—the variation; and\n\t(vi)\tif licence conditions are to be varied—that the variation will take effect when the suspension ends; and\n\t(iii)\twhether or not the licence holder is disqualified from applying for a further licence; and\n\t(d)\tif the licence holder is to be disqualified from applying for a further licence, state—\n\t(iii)\twhether or not the licence holder is required to undergo retraining or reassessment or take any other action before the disqualification ends; and\n\t(iv)\tany other class of high risk work licence or other licence under these regulations the licence holder is disqualified from applying for during the period of suspension or disqualification; and\n110—Immediate suspension\n\t(1)\tThe regulator may suspend a high risk work licence on a ground referred to in regulation 106 without giving notice under regulation 108 if satisfied that—\n\t(a)\twork carried out under the high risk work licence should cease because the work may involve an imminent serious risk to the health or safety of any person; or\n\t(b)\ta corresponding regulator has suspended an equivalent licence held by the licence holder under this regulation as applying in the corresponding jurisdiction.\n\t(a)\tthe regulator must give the licence holder written notice of the suspension and the reasons for the suspension; and\n\t(a)\tgive notice under regulation 108 within 14 days after giving the notice under subregulation (2); and\n\t(b)\tmake its decision under regulation 106.\n\t(5)\tIf the regulator gives notice under subregulation (3), the licence remains suspended until the decision is made under regulation 106.\n111—Licence holder to return licence document\nA licence holder, on receiving a notice under regulation 109, must return the licence document to the regulator in accordance with the notice.\n112—Regulator to return licence document after suspension\nWhen the period of suspension of a licence ends, the regulator must return the licence document to the licence holder within 14 days after the licence suspension ends.\nDivision 2—Accreditation of assessors\n","sortOrder":20},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Requirement to be accredited","content":"Subdivision 1—Requirement to be accredited\n113—Accreditation required to assess competency for high risk work licence\nA person who is not an accredited assessor must not—\n\t(a)\tconduct a competency assessment; or\n\t(b)\tissue a notice of satisfactory assessment; or\n\t(c)\tin any other way hold himself or herself out to be an accredited assessor.\n114—Accredited assessor must act in accordance with accreditation\n\t(1)\tAn accredited assessor must not conduct a competency assessment unless—\n\t(a)\tthe competency assessment relates to a class of high risk work for which the assessor is accredited; and\n\t(b)\tthe accredited assessor conducts the competency assessment for or on behalf of an RTO.\n\t(2)\tAn accredited assessor must not issue a notice of satisfactory assessment unless the competency assessment relates to a class of high risk work for which the assessor is accredited.\n\t(3)\tAn accredited assessor who conducts a competency assessment must do so in accordance with any conditions of accreditation imposed under regulation 121.\n\t(4)\tAn accredited assessor who issues a notice of satisfactory assessment must do so in accordance with the conditions of accreditation imposed under regulation 121.\n\t(5)\tSubregulations (1) to (4) do not apply if the regulator is the accredited assessor.\nSubdivision 2—Accreditation process\n115—Regulator may accredit assessors\nThe regulator may, under this Division, accredit persons to conduct assessments.\n116—Application for accreditation\n\t(1)\tAn application for accreditation must be made in the manner and form required by the regulator.\n\t(a)\tthe name and residential address of the applicant;\n\t(b)\tany other evidence of the applicant's identity required by the regulator;\n\t(c)\tdetails of the class of high risk work to which the application relates;\n\t(d)\tevidence that the applicant is qualified to conduct the type of competency assessment in relation to the class of high risk work to which the application relates;\n\t(e)\tdetails of any current equivalent accreditation under a corresponding WHS law;\n\t(f)\ta declaration as to whether or not the applicant has ever been convicted or found guilty of any offence under the Act or these regulations or under any corresponding WHS law;\n\t(g)\tdetails of any conviction or finding of guilt declared under paragraph (f);\n\t(h)\ta declaration as to whether or not the applicant has ever entered into an enforceable undertaking under the Act or under any corresponding WHS law;\n\t(i)\tdetails of any enforceable undertaking declared under paragraph (h);\n\t(j)\tif the applicant has previously been refused an equivalent accreditation under a corresponding WHS law, a declaration giving details of that refusal;\n\t(k)\tif the applicant has previously held an equivalent accreditation under a corresponding WHS law, a declaration—\n\t(i)\tdescribing any condition imposed on that accreditation; and\n\t(ii)\tstating whether or not that accreditation had been suspended or cancelled and, if so, whether or not the applicant had been disqualified from applying for any accreditation; and\n\t(iii)\tgiving details of any suspension, cancellation or disqualification.\nSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n117—Additional information\n\t(1)\tIf an application for accreditation does not contain sufficient information to enable the regulator to make a decision whether or not to grant the accreditation, the regulator may ask the applicant to provide additional information.\n\t(a)\tspecify the date (being not less than 28 days after the request) by which the additional information is to be given; and\n\t(3)\tIf an applicant does not provide the additional information by the date specified, the application is taken to have been withdrawn.\n118—Decision on application\n\t(1)\tSubject to subregulation (3), the regulator must grant an accreditation if satisfied about the matters referred to in subregulation (2).\n\t(2)\tThe regulator must be satisfied that—\n\t(a)\tthe applicant—\n\t(i)\tis qualified to conduct the competency assessment to which the application relates; and\n\t(ii)\tis able to conduct the competency assessment to which the application relates competently; and\n\t(iii)\tis able to ensure compliance with any conditions that will apply to the accreditation; or\n\t(b)\tthe applicant holds a current equivalent accreditation under a corresponding WHS law.\n\t(3)\tThe regulator must refuse to grant an accreditation if satisfied that—\n\t(a)\tthe applicant is disqualified under a corresponding WHS law from holding an equivalent accreditation; or\n\t(4)\tIf the regulator decides to grant the accreditation, it must notify the applicant within 14 days after making the decision.\n\t(5)\tIf the regulator does not make a decision within 120 days after receiving the application or the additional information requested under regulation 117, the regulator is taken to have refused to grant the accreditation applied for.\n\t(6)\tFor the purposes of subregulation (2)(a)(i), an applicant is qualified to provide the competency assessment if—\n\t(a)\tthe applicant's competencies, skills and knowledge are in accordance with the Standards for NVR Registered Training Organisations 2011 published by the Commonwealth; and\n\t(b)\tthe applicant holds a current high risk work licence for the class of high risk work to which the competency assessment relates.\nA refusal to grant accreditation (including a refusal under subregulation (5)) is a reviewable decision (see regulation 676).\n119—Matters to be taken into account\nFor the purposes of regulation 118(2)(a)(ii) and (iii), the regulator must have regard to all relevant matters, including the following:\n\t(a)\tany offence under the Act or these regulations or under a corresponding WHS law of which the applicant has been convicted or found guilty;\n\t(b)\tany enforceable undertaking the applicant has entered into under the Act or a corresponding WHS law;\n\t(c)\tin relation to any equivalent accreditation applied for or held by the applicant under the Act or these regulations or under a corresponding WHS law—\n\t(i)\tany refusal to grant the accreditation; and\n\t(ii)\tany condition imposed on the accreditation, if granted; and\n\t(iii)\tany suspension or cancellation of the licence, if granted, including any disqualification from applying for any accreditation;\n\t(d)\tthe applicant's record in relation to any matters arising under the Act or these regulations or under a corresponding WHS law.\n120—Refusal to grant accreditation—process\n\t(1)\tIf the regulator proposes to refuse to grant an accreditation, the regulator must give the applicant a written notice—\n\t(b)\tadvising the applicant that the applicant may by a specified date (being not less than 28 days after the notice is given), make a submission to the regulator in relation to the proposed refusal.\n\t(2)\tAfter the date specified in a notice under subregulation (1)(b), the regulator must—\n\t(a)\tif the applicant has made a submission in relation to the proposed refusal to grant the accreditation—consider that submission; and\n\t(b)\twhether or not the applicant has made a submission—decide whether to grant or refuse to grant the accreditation; and\n\t(c)\twithin 14 days after making that decision, give the applicant written notice of the decision, including the reasons for the decision.\nA refusal to grant an accreditation is a reviewable decision (see regulation 676).\n121—Conditions of accreditation\n\t(1)\tThe regulator may impose any conditions it considers appropriate on an accreditation.\n\t(2)\tWithout limiting subregulation (1), the regulator may impose conditions—\n\t(a)\trelating to the competency assessments and assessment activities that may be carried out; and\n\t(b)\trelating to the circumstances in which competency assessments or assessment activities may be carried out; and\n\t(c)\trequiring the accredited assessor to keep specified information; and\n\t(d)\trequiring the accredited assessor to give specified information to the regulator.\n1\tA person must comply with the conditions of accreditation (see section 45 of the Act).\n2\tA decision to impose a condition on an accreditation is a reviewable decision (see regulation 676).\n122—Duration of accreditation\nAn accreditation takes effect on the day it is granted and, unless cancelled earlier, expires 3 years after that day.\n123—Accreditation document\n\t(1)\tIf the regulator grants an accreditation, it must issue to the applicant an accreditation document in the form determined by the regulator.\n\t(2)\tAn accreditation document must include the following:\n\t(a)\tthe name of the accredited assessor;\n\t(b)\tthe class of high risk work to which the accreditation relates;\n\t(c)\tany conditions imposed on the accreditation by the regulator;\n\t(d)\tthe date on which the accreditation was granted;\n\t(e)\tthe expiry date of the accreditation.\n\t(3)\tIf an assessor is accredited to conduct a competency assessment in relation to more than 1 class of high risk work, the regulator may issue to the accredited assessor one accreditation document in relation to some or all of those classes of high risk work.\n\t(4)\tIf 2 or more of the classes of high risk work referred to in subregulation (3) represent levels of the same type of work, it is sufficient if the accreditation document contains a description of the class of work that represents the highest level.\n124—Accreditation document to be available\n\t(1)\tAn accredited assessor must keep the accreditation document available for inspection under the Act.\n\t(2)\tAn accredited assessor must make the accreditation document available for inspection by any person in relation to whom the assessor is conducting, or is to conduct, a competency assessment.\n\t(3)\tSubregulations (1) and (2) do not apply if the accreditation document is not in the accredited assessor's possession because—\n\t(a)\tit has been returned to the regulator under regulation 126; or\n\t(b)\tthe accreditation assessor has applied for, but has not received, a replacement accreditation document under regulation 127.\n","sortOrder":21},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Amendment of accreditation document","content":"Subdivision 3—Amendment of accreditation document\n125—Changes to information\n\t(1)\tAn accredited assessor must give the regulator written notice of any change to any material particular in any information given at any time by the assessor to the regulator in relation to the accreditation within 14 days after the assessor becomes aware of the change.\n\t(2)\tSubregulation (1) applies whether the information was given in the application for grant or renewal of the accreditation or in any other circumstance.\n126—Accredited assessor to return accreditation document\nIf an accreditation is amended, the accredited assessor must return the accreditation document to the regulator for amendment at the written request of the regulator and within the time specified in the request.\n127—Replacement accreditation document\n\t(1)\tAn accredited assessor must notify the regulator as soon as practicable if the accreditation document is lost, stolen or destroyed.\n\t(2)\tIf an accreditation document is lost, stolen or destroyed an accredited assessor may apply to the regulator for a replacement accreditation document.\nAn accreditation holder is required to keep the accreditation document available for inspection (see regulation 124).\n\t(3)\tAn application for a replacement accreditation document must be made in the manner and form required by the regulator.\nSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n\t(5)\tThe regulator must issue a replacement accreditation document if satisfied that the original document was lost, stolen or destroyed.\n\t(6)\tIf the regulator refuses to issue a replacement accreditation document, it must give the accredited assessor written notice of this decision, including the reasons for the decision, within 14 days after making the decision.\nA refusal to issue a replacement accreditation document is a reviewable decision (see regulation 676).\n128—Voluntary surrender of accreditation\n\t(1)\tAn accredited assessor may voluntarily surrender the accreditation document to the regulator.\n\t(2)\tThe accreditation expires on the surrender of the accreditation document.\nSubdivision 4—Renewal of accreditation\n129—Regulator may renew accreditation\nThe regulator may renew an accreditation on the application of the accredited assessor.\n130—Application for renewal\n\t(1)\tAn application for renewal of accreditation must be made in the manner and form required by the regulator.\n\t(2)\tAn application must—\n\t(a)\tinclude the information referred to in regulation 116(2); and\nSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n\t(3)\tThe application must be made before the expiry of the accreditation.\n131—Accreditation continues in force until application is decided\nIf an accredited assessor applies under regulation 130 for the renewal of accreditation, the accreditation is taken to continue in force from the day it would, apart from this regulation, have expired until the accredited assessor is given notice of the decision on the application.\n132—Provisions relating to application\nFor the purposes of this Division—\n\t(a)\tregulation 117 applies as if a reference in that regulation to an application for accreditation were a reference to an application to renew an accreditation; and\n\t(b)\tregulations 118 (except subregulation (5)), 119, 121 and 122 apply as if a reference in those regulations to the grant of an accreditation were a reference to the renewal of an accreditation; and\n\t(c)\tregulation 120 applies as if a reference in that regulation to a refusal to grant an accreditation were a reference to a refusal to renew an accreditation.\nA refusal to renew an accreditation is a reviewable decision (see regulation 676).\nSubdivision 5—Suspension and cancellation\n133—Regulator may suspend or cancel accreditation\n\t(1)\tThe regulator may, under this Division—\n\t(a)\tsuspend or cancel an accreditation; and\n\t(b)\tif suspending an accreditation, vary the conditions of the accreditation, including by imposing different or additional conditions.\n\t(2)\tIf the regulator cancels an accreditation, the regulator may disqualify the accredited assessor from applying for a further accreditation for a specified period.\nA decision to suspend or cancel an accreditation, to vary the conditions of an accreditation or to disqualify an accredited assessor from applying for a further accreditation is a reviewable decision (see regulation 676).\n134—Suspension or cancellation of accreditation\n\t(1)\tThe regulator may suspend or cancel an accreditation if satisfied about 1 or more of the following:\n\t(a)\tthe accredited assessor is no longer qualified to conduct the competency assessment specified in the assessor's accreditation document;\n\t(b)\tthe accredited assessor is not able to conduct the competency assessment to which the accreditation relates competently;\n\t(c)\tthe accredited assessor has failed to comply with a condition imposed on the accreditation under regulation 121;\n\t(d)\tthe accredited assessor, in the application for the grant or renewal of accreditation or on request by the regulator for additional information—\n\t(ii)\tfailed to give any material information that should have been given in that application or on that request.\n\t(2)\tIn subregulation (1)(a)—\nqualified has the same meaning in relation to an accredited assessor as it has in regulation 118 in relation to an applicant for accreditation.\n135—Matters to be taken into account\n\t(1)\tIn making a decision under regulation 133, the regulator must have regard to—\n\t(a)\tany submissions made by the accredited assessor under regulation 136; and\n\t(2)\tFor the purposes of regulation 134(1)(b) and (c), the regulator must have regard to all relevant matters, including the following:\n\t(a)\tany offence under the Act or these regulations or under a corresponding WHS law, of which the accredited assessor has been convicted or found guilty;\n\t(b)\tany enforceable undertaking that has been entered into by the accredited assessor under the Act or a corresponding WHS law;\n\t(c)\tin relation to any equivalent accreditation applied for or held by the applicant under the Act or these regulations or under a corresponding WHS law—\n\t(i)\tany refusal to grant the accreditation; and\n\t(ii)\tany condition imposed on the accreditation, if granted; and\n\t(iii)\tany suspension or cancellation of the licence, if granted, including any disqualification from applying for any accreditation;\n\t(d)\tany suspension of a high risk work licence held by the accredited assessor under the Act or these regulations or under a corresponding WHS law;\n\t(e)\tthe accredited assessor's record in relation to any matters arising under the Act or these regulations or under a corresponding WHS law.\n136—Notice to and submissions by accredited assessor\nBefore suspending or cancelling an accreditation, the regulator must give the accredited assessor a written notice of the proposed suspension or cancellation and any proposed disqualification—\n\t(b)\tadvising the accreditation holder that the accreditation holder may, by a specified date (being not less than 28 days after giving the notice) make submissions in relation to the proposed suspension or cancellation and any proposed disqualification.\n137—Notice of decision\n\t(1)\tThe regulator must give the accredited assessor written notice of a decision under regulation 134 to suspend or cancel the accreditation within 14 days after making the decision.\n\t(a)\tstate that the accreditation is to be suspended or cancelled; and\n\t(b)\tif the accreditation is to be suspended, state—\n\t(iii)\twhether or not the accredited assessor is required to undergo retraining or reassessment or take any other action before the suspension ends; and\n\t(iv)\twhether any variation is to be made to the conditions of accreditation; and\n\t(v)\twhether or not the accredited assessor is disqualified from obtaining a further accreditation during the suspension; and\n\t(c)\tif the accreditation is to be cancelled, state—\n\t(iii)\twhether or not the accredited assessor is disqualified from applying for a further accreditation; and\n\t(d)\tif the accredited assessor is to be disqualified from obtaining a further accreditation, state—\n\t(iii)\twhether or not the accredited assessor is required to undergo retraining or reassessment or take any other action before the disqualification ends; and\n\t(e)\tstate when the accreditation document must be returned to the regulator.\n138—Immediate suspension\n\t(1)\tThe regulator may suspend an accreditation on a ground referred to in regulation 134 without giving notice under regulation 136 if satisfied that a person may be exposed to an imminent serious risk to his or her health or safety if the accreditation were not suspended.\n\t(2)\tIf the regulator decides to suspend an accreditation under this regulation—\n\t(a)\tthe regulator must give the accredited assessor written notice of the suspension and the reasons for the suspension; and\n\t(b)\tthe suspension takes effect on the giving of the notice.\n\t(a)\tgive the notice under regulation 136 within 14 days after giving the notice under subregulation (2); and\n\t(b)\tmake its decision under regulation 134.\n\t(5)\tIf the regulator gives notice under subregulation (3), the accreditation remains suspended until the decision is made under regulation 134.\n139—Accredited assessor to return accreditation document\nAn accredited assessor, on receiving a notice under regulation 137, must return the accreditation document to the regulator in accordance with that notice.\n140—Regulator to return accreditation document after suspension\nThe regulator must return the accreditation document to the accredited assessor within 14 days after the suspension ends.\n","sortOrder":22},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Agreements with RTOs","content":"Subdivision 6—Agreements with RTOs\n141—Regulator may enter into agreement with RTO\nThe regulator may enter into an agreement with an RTO to share information to assist the regulator in relation to the accreditation of assessors.\n","sortOrder":23},{"sectionNumber":"Part 6","sectionType":"part","heading":"Demolition work","content":"Part 6—Demolition work\nDivision 1—Notice of demolition work\n142—Notice of demolition work\n\t(1)\tSubject to subregulation (4), a person conducting a business or undertaking who proposes to carry out any of the following demolition work must ensure that written notice is given to the regulator in accordance with this regulation at least 5 days before the work commences:\n\t(a)\tdemolition of a structure, or a part of a structure that is loadbearing or otherwise related to the physical integrity of the structure, that is at least 6 metres in height;\n\t(b)\tdemolition work involving load shifting machinery on a suspended floor;\n\t(c)\tdemolition work involving explosives.\nSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n\t(2)\tThe notice must be given in the manner and form required by the regulator.\n\t(3)\tSubregulation (4) applies to an emergency service organisation in relation to demolition work carried out or proposed to be carried out by an emergency service worker at the direction of the emergency service organisation, in responding to an emergency.\n\t(4)\tAn emergency service organisation must give notice under subregulation (1) as soon as practicable (whether before or after the work is carried out).\n\t(5)\tIn this regulation, a reference to the height of a structure is a reference to the height of the structure measured from the lowest level of the ground immediately adjacent to the base of the structure at the point at which the height is to be measured to its highest point.\nDivision 2—Approval to carry out demolition work\n143—Demolition work required to be licensed\nRegulation 143 appears in some corresponding WHS laws but is not required in this State.\n143A—Approval to carry out certain demolition work\n\t(1)\tIf it is proposed to—\n\t(a)\tuse explosives on a demolition site; or\n\t(b)\tdemolish a building or structure using mechanical equipment that needs to be supported by any part of the building or structure,\nthe demolition must not be commenced before a proposed demolition work plan has been submitted to the regulator, and the regulator has given approval to the commencement of the work (and the regulator may attach conditions to any such approval).\n\t(2)\tA person must not contravene or fail to comply with a condition imposed by the regulator under subregulation (1).\nMaximum penalty: $10 000.\n\t(3)\tAn approval given by the Director under regulation 235 of the revoked Occupational Health, Safety and Welfare Regulations 2010 that was in force immediately before the revocation of those regulations will be taken to be approval given by the regulator under this regulation and any condition attached to the approval immediately before that revocation will be taken to be a condition of the approval imposed by the regulator under subregulation (1).\n","sortOrder":24},{"sectionNumber":"Part 7","sectionType":"part","heading":"General electrical safety in workplaces and energised electrical work","content":"Part 7—General electrical safety in workplaces and energised electrical work\n144—Meaning of electrical equipment\nelectrical equipment means any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire that—\n\t(a)\tis used for controlling, generating, supplying, transforming or transmitting electricity at a voltage greater than extra‑low voltage; or\n\t(b)\tis operated by electricity at a voltage greater than extra‑low voltage; or\n\t(c)\tis part of an electrical installation located in an area in which the atmosphere presents a risk to health and safety from fire or explosion; or\n\t(d)\tis, or is part of, an active impressed current cathodic protection system within the meaning of AS 2832.1:2015 (Cathodic protection of metals—Pipes and cables).\n\t(2)\tIn this Part—\nelectrical equipment does not include any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire that is part of a motor vehicle if—\n\t(a)\tthe equipment is part of a unit of the vehicle that provides propulsion for the vehicle; or\n\t(b)\tthe electricity source for the equipment is a unit of the vehicle that provides propulsion for the vehicle.\nmotor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle.\n145—Meaning of electrical installation\nelectrical installation means a group of items of electrical equipment that—\n\t(a)\tare permanently electrically connected together; and\n\t(b)\tcan be supplied with electricity from the works of an electricity supply authority or from a generating source.\n\t(2)\tAn item of electrical equipment may be part of more than 1 electrical installation.\n\t(3)\tIn subregulation (1)(a)—\n\t(a)\tan item of electrical equipment connected to electricity by a plug and socket outlet is not permanently electrically connected; and\n\t(b)\tconnection achieved through using works of an electricity supply authority is not a consideration in determining whether or not electrical equipment is electrically connected.\n146—Meaning of electrical work\nelectrical work means—\n\t(a)\tconnecting electricity supply wiring to electrical equipment or disconnecting electricity supply wiring from electrical equipment; or\n\t(b)\tinstalling, removing, adding, testing, replacing, repairing, altering or maintaining electrical equipment or an electrical installation.\n\t(2)\tIn this Part—\nelectrical work does not include the following:\n\t(a)\twork that involves connecting electrical equipment to an electricity supply by means of a flexible cord plug and socket outlet;\n\t(b)\twork on a non‑electrical component of electrical equipment, if the person carrying out the work is not exposed to an electrical risk;\nPainting electrical equipment covers and repairing hydraulic components of an electrical motor.\n\t(c)\treplacing electrical equipment or a component of electrical equipment if that task can be safely performed by a person who does not have expertise in carrying out electrical work;\nReplacing a fuse or a light bulb.\n\t(d)\tassembling, making, modifying or repairing electrical equipment as part of a manufacturing process;\n\t(e)\tbuilding or repairing ducts, conduits or troughs, where electrical wiring is or will be installed if—\n\t(i)\tthe ducts, conduits or troughs are not intended to be earthed; and\n\t(ii)\tthe wiring is not energised; and\n\t(iii)\tthe work is supervised by a registered electrical worker;\n\t(f)\tlocating or mounting electrical equipment, or fixing electrical equipment in place, if this task is not performed in relation to the connection of electrical equipment to an electricity supply;\n\t(g)\tassisting a registered electrical worker to carry out electrical work if—\n\t(i)\tthe assistant is directly supervised by the registered electrical worker; and\n\t(ii)\tthe assistance does not involve physical contact with any energised electrical equipment;\n\t(h)\tcarrying out electrical work, other than work on energised electrical equipment, in order to meet eligibility requirements in relation to becoming a registered electrical worker;\nregistered electrical worker means a person authorised by registration under Part 3 of the Plumbers, Gas Fitters and Electricians Act 1995 to act as an electrical worker.\nDivision 2—General risk management\n147—Risk management\nA person conducting a business or undertaking at a workplace must manage risks to health and safety associated with electrical risks at the workplace, in accordance with Chapter 3 Part 1.\nElectrical risks associated with the design, construction, installation, protection, maintenance and testing of electrical equipment and electrical installations at a workplace.\nDivision 3—Electrical equipment and electrical installations\n148—Electrical equipment and electrical installations to which this Division applies\nIn this Division, a reference to electrical equipment or an electrical installation in relation to a person conducting a business or undertaking is a reference to electrical equipment or an electrical installation that is under the person's management or control.\n149—Unsafe electrical equipment\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure that any unsafe electrical equipment at the workplace—\n\t(a)\tis disconnected (or isolated) from its electricity supply; and\n\t(b)\tonce disconnected (or isolated)—\n\t(i)\tis not reconnected until it is repaired or tested and found to be safe; or\n\t(ii)\tis replaced or permanently removed from use.\n\t(2)\tFor the purposes of this regulation, electrical equipment or a component of electrical equipment is unsafe if there are reasonable grounds for believing it to be unsafe.\n150—Inspection and testing of electrical equipment\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure that electrical equipment is regularly inspected and tested by a competent person if the electrical equipment is—\n\t(a)\tsupplied with electricity through an electrical socket outlet; and\n\t(b)\tused in an environment in which the normal use of electrical equipment exposes the equipment to operating conditions that are likely to result in damage to the equipment or a reduction in its expected life span, including conditions that involve exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust.\n\t(2)\tIn the case of electrical equipment that is new and unused at the workplace, the person conducting the business or undertaking—\n\t(a)\tis not required to comply with subregulation (1); and\n\t(b)\tmust ensure that the equipment is inspected for obvious damage before being used.\nHowever, electrical equipment that is unsafe must not be used (see regulation 149).\n\t(3)\tThe person must ensure that a record of any testing carried out under subregulation (1) is kept until the electrical equipment is—\n\t(a)\tnext tested; or\n\t(b)\tpermanently removed from the workplace or disposed of.\n\t(4)\tThe record of testing—\n\t(a)\tmust specify the following:\n\t(i)\tthe name of the person who carried out the testing;\n\t(ii)\tthe date of the testing;\n\t(iii)\tthe outcome of the testing;\n\t(iv)\tthe date on which the next testing must be carried out; and\n\t(b)\tmay be in the form of a tag attached to the electrical equipment tested.\n151—Untested electrical equipment not to be used\nA person conducting a business or undertaking must ensure, so far as is reasonably practicable, that electrical equipment is not used if the equipment—\n\t(a)\tis required to be tested under regulation 150; and\n\t(b)\thas not been tested.\nDivision 4—Electrical work on energised electrical equipment\n152—Application of Division 4\nThis Division does not apply to work carried out by or on behalf of an electricity supply authority on the electrical equipment, including electric line‑associated equipment, controlled or operated by the authority to transform, transmit or supply electricity.\n153—Persons conducting a business or undertaking to which this Division applies\nIn this Division (except regulations 156, 159 and 160), a reference to a person conducting a business or undertaking in relation to electrical work is a reference to the person conducting the business or undertaking who is carrying out the electrical work.\n154—Electrical work on energised electrical equipment—prohibited\nSubject to this Division, a person conducting a business or undertaking must ensure that electrical work is not carried out on electrical equipment while the equipment is energised.\n155—Duty to determine whether equipment is energised\n\t(1)\tA person conducting a business or undertaking must ensure that, before electrical work is carried out on electrical equipment, the equipment is tested by a competent person to determine whether or not it is energised.\nRegulation 157 allows electrical testing to be carried out on electrical equipment for the purposes of this regulation. Regulation 161 sets out how the testing is to be carried out.\n\t(2)\tThe person conducting a business or undertaking must ensure that—\n\t(a)\teach exposed part is treated as energised until it is isolated and determined not to be energised; and\n\t(b)\teach high‑voltage exposed part is earthed after being de‑energised.\n156—De-energised equipment must not be inadvertently re‑energised\nA person conducting a business or undertaking must ensure that electrical equipment that has been de‑energised to allow electrical work to be carried out on it is not inadvertently re‑energised while the work is being carried out.\n157—Electrical work on energised electrical equipment—when permitted\n\t(1)\tA person conducting a business or undertaking must ensure that electrical work on energised electrical equipment is not carried out unless—\n\t(a)\tit is necessary in the interests of health and safety that the electrical work is carried out on the equipment while the equipment is energised; or\nIt may be necessary that life‑saving equipment remain energised and operating while electrical work is carried out on the equipment.\n\t(b)\tit is necessary that the electrical equipment to be worked on is energised in order for the work to be carried out properly; or\n\t(c)\tit is necessary for the purposes of testing required under regulation 155; or\n\t(d)\tthere is no reasonable alternative means of carrying out the work.\n\t(2)\tThe electrical work that may be carried out under subregulation (1)(a), (b) and (d) may include testing of the energised electrical equipment.\n158—Preliminary steps\n\t(1)\tA person conducting a business or undertaking must ensure the following, before electrical work on energised electrical equipment commences:\n\t(a)\ta risk assessment is conducted in relation to the proposed electrical work;\n\t(b)\tthe area where the electrical work is to be carried out is clear of obstructions so as to allow for easy access and exit;\n\t(c)\tthe point at which the electrical equipment can be disconnected or isolated from its electricity supply is—\n\t(i)\tclearly marked or labelled; and\n\t(ii)\tclear of obstructions so as to allow for easy access and exit by the worker who is to carry out the electrical work or any other competent person; and\n\t(iii)\tcapable of being operated quickly;\n\t(d)\tthe person authorises the electrical work after consulting with the person with management or control of the workplace.\n\t(2)\tFor the purposes of subregulation (1)(a), the risk assessment must be—\n\t(a)\tconducted by a competent person; and\n\t(b)\trecorded.\nRegulation 12 permits risk assessments to be conducted, in certain circumstances, in relation to a class of hazards, tasks, things or circumstances.\n\t(3)\tSubregulation (1)(c) does not apply to electrical work on electrical equipment if—\n\t(a)\tthe work is to be carried out on the supply side of the main switch on the main switchboard for the equipment; and\n\t(b)\tthe point at which the equipment can be disconnected from its electricity supply is not reasonably accessible from the work location.\n159—Unauthorised access to equipment being worked on\nA person conducting a business or undertaking must ensure that only persons authorised by the person conducting the business or undertaking enter the immediate area in which electrical work on energised electrical equipment is being carried out.\n160—Contact with equipment being worked on\nA person conducting a business or undertaking must ensure that, while electrical work is being carried out on energised electrical equipment, all persons are prevented from creating an electrical risk by inadvertently making contact with an exposed energised component of the equipment.\n161—How the work is to be carried out\n\t(1)\tA person conducting a business or undertaking must ensure that electrical work on energised electrical equipment is carried out—\n\t(a)\tby a competent person who has tools, testing equipment and personal protective equipment that—\n\t(i)\tare suitable for the work; and\n\t(ii)\thave been properly tested; and\n\t(iii)\tare maintained in good working order; and\n\t(b)\tin accordance with a safe work method statement prepared for the work; and\n\t(c)\tsubject to subregulation (5), with a safety observer present who has the competence and qualifications specified in subregulation (4).\n\t(2)\tThe person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the person who carries out the electrical work uses the tools, testing equipment and personal protective equipment properly.\n\t(3)\tFor the purposes of subregulation (1)(b), the safe work method statement must—\n\t(a)\tidentify the electrical work; and\n\t(b)\tspecify hazards associated with that electrical work and risks associated with those hazards; and\n\t(c)\tdescribe the measures to be implemented to control the risks; and\n\t(d)\tdescribe how the risk control measures are to be implemented, monitored and reviewed.\n\t(4)\tFor the purposes of subregulation (1)(c)—\n\t(a)\tthe safety observer must be competent—\n\t(i)\tto implement control measures in an emergency; and\n\t(ii)\tto rescue and resuscitate the worker who is carrying out the work, if necessary; and\n\t(b)\tthe safety observer must have been assessed in the previous 12 months as competent to rescue and resuscitate a person.\n\t(5)\tA safety observer is not required if—\n\t(a)\tthe work consists only of testing; and\n\t(b)\tthe person conducting the business or undertaking has conducted a risk assessment under regulation 158(1)(a) that shows that there is no serious risk associated with the proposed work.\n162—Record keeping\n\t(1)\tThis regulation applies if a person conducting a business or undertaking prepares—\n\t(a)\ta risk assessment under regulation 158; or\n\t(b)\ta safe work method statement under regulation 161.\n\t(a)\ta copy of the risk assessment until at least 28 days after the work to which it relates is completed; and\n\t(b)\ta copy of the safe work method statement until the work to which it relates is completed.\n\t(3)\tIf a notifiable incident occurs in connection with the work to which the assessment or statement relates, the person must keep the assessment or statement (as applicable) for at least 2 years after the incident occurs.\n\t(4)\tThe person must ensure that, for the period for which the assessment or statement must be kept under this regulation, a copy is readily accessible to any worker engaged by the person to carry out electrical work to which the assessment or statement relates.\n\t(5)\tThe person must ensure that, for the period for which the assessment or statement must be kept under this regulation, a copy is available for inspection under the Act.\nDivision 5—Electrical equipment and installations and construction work—additional duties\n163—Duty of person conducting business or undertaking\n\t(1)\tA person conducting a business or undertaking that includes the carrying out of construction work must comply with AS/NZS 3012:2019 (Electrical installations—Construction and demolition sites).\n\t(2)\tFor the purposes of subregulation (1), AS/NZS 3012:2019 (Electrical installations—Construction and demolition sites) applies as if any term that is defined in that Standard and that is also defined in the Act or these regulations has the same meaning as it has in the Act or these regulations.\n\t(3)\tIf any requirement in AS/NZS 3012:2019 (Electrical installations—Construction and demolition sites) deals with the same matter as a requirement under this Part, it is sufficient that the person conducting the business or undertaking complies with the requirement in AS/NZS 3012:2019 as modified by subregulation (2).\nDivision 6—Residual current devices\n164—Use of socket outlets in hostile operating environment\n\t(1)\tThis regulation applies in the following circumstances:\n\t(a)\telectrical equipment is used in an environment in which the normal use of electrical equipment exposes the equipment to operating conditions that are likely to result in damage to the equipment or a reduction in its expected life span, including conditions that involve exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust;\n\t(b)\telectrical equipment is moved between different locations in circumstances where damage to the equipment or to a flexible electricity supply cord is reasonably likely;\n\t(c)\telectrical equipment is frequently moved during its normal use;\n\t(d)\telectrical equipment forms part of, or is used in connection with, an amusement device.\n\t(2)\tIn a circumstance set out in subregulation (1), a person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that any electrical risk associated with the supply of electricity to the electrical equipment through a socket outlet is minimised by the use of an appropriate residual current device.\n\t(3)\tWithout limiting subregulation (2), the residual current device must have a tripping current that does not exceed 30 milliamps if electricity is supplied to the equipment through a socket outlet not exceeding 20 amps.\n\t(4)\tSubregulation (2) does not apply if the supply of electricity to the electrical equipment—\n\t(a)\tdoes not exceed 50 volts alternating current; or\n\t(b)\tis direct current; or\n\t(c)\tis provided through an isolating transformer that provides at least an equivalent level of protection; or\n\t(d)\tis provided from a non‑earthed socket outlet supplied by an isolated winding portable generator that provides at least an equivalent level of protection.\n165—Testing of residual current devices\n\t(1)\tA person with management or control of a workplace must take all reasonable steps to ensure that residual current devices used at the workplace are tested regularly by a competent person to ensure that the devices are operating effectively.\n\t(2)\tThe person must keep a record of all testing of a residual current device (other than any testing conducted daily) until the earlier of the following occurs:\n\t(a)\tthe device is next tested;\n\t(b)\tthe device is permanently removed from use.\nDivision 7—Overhead and underground electric lines\n166—Duty of person conducting a business or undertaking\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that no person, plant or thing at the workplace comes within an unsafe distance of an overhead or underground electric line.\n\t(2)\tIf it is not reasonably practicable to ensure the safe distance of a person, plant or thing from an overhead or underground electric line, the person conducting the business or undertaking at the workplace must ensure that—\n\t(a)\ta risk assessment is conducted in relation to the proposed work; and\n\t(b)\tcontrol measures implemented are consistent with—\n\t(i)\tthe risk assessment; and\n\t(ii)\tif an electricity supply authority is responsible for the electric line, any requirements of the authority.\n\t(3)\tAn electricity supply authority that has complied with relevant requirements of the Electricity Act 1996 will be taken to have complied with this regulation.\nThe Electricity Act 1996 will also apply to the person conducting the business or undertaking.\n","sortOrder":25},{"sectionNumber":"Part 8","sectionType":"part","heading":"Diving work","content":"Part 8—Diving work\n167—Purpose of Chapter 4 Part 8\nThe purpose of this Part is to impose duties on a person conducting a business or undertaking at a workplace to ensure—\n\t(a)\tthe fitness and competence of persons who carry out general diving work and high risk diving work; and\n\t(b)\tthe health and safety of persons who carry out general diving work and high risk diving work; and\n\t(c)\tthe health and safety of other persons at workplaces where general diving work or high risk diving work is carried out.\nDivision 2—General diving work—Fitness and competence of worker\n168—Person conducting business or undertaking must ensure fitness of workers\n\t(1)\tA person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out general diving work or undergo training for general diving work unless the worker holds a current certificate of medical fitness.\n\t(2)\tThe person must not direct or allow a worker to carry out general diving work or undergo training for diving work unless the work or training complies with any conditions on the current certificate of medical fitness of the worker.\n169—Certificate of medical fitness\nA certificate of medical fitness must—\n\t(a)\tbe issued by a registered medical practitioner with experience in dive medicine or underwater medicine; and\n\t(b)\tstate the following:\n\t(i)\tthe name of the person to whom it is issued;\n\t(ii)\tits date of issue and its expiry date;\n\t(iii)\twhether or not the person to whom it is issued is, in accordance with the fitness criteria, medically fit to carry out diving work;\n\t(iv)\tany conditions in relation to the type of diving work the person to whom it is issued is fit to carry out, or the circumstances in which the person is fit to carry out general diving work, including, in the case of a person who is under 18 years of age, any particular conditions applicable to the age of the person.\n170—Duty to keep certificate of medical fitness\nA person conducting a business or undertaking at a workplace must keep the certificate of medical fitness of a worker who carries out general diving work for 1 year after the work is carried out.\n171—Competence of worker—general diving work—qualifications\n\t(1)\tA person must not carry out any type of general diving work unless the person holds a certificate for general diving work, issued by a training organisation, that demonstrates that the person has acquired the relevant competencies for that type of general diving work.\n\t(2)\tThis regulation does not apply in relation to incidental diving work or limited scientific diving work.\nrelevant competencies means the competencies specified in AS/NZS 2815 (Training and certification of occupational divers) that are relevant to the type of general diving work to which subregulation (1) applies.\nSee section 44 of the Act.\n171A—Competence of worker—general diving work—knowledge and skill\n\t(1)\tA person must not carry out general diving work unless the person has, through training, qualification or experience, acquired sound knowledge and skill in relation to the following:\n\t(a)\tthe application of diving physics;\n\t(b)\tthe use, inspection and maintenance of diving equipment (including emergency equipment) and air supply of the type to be used in the proposed general diving work;\n\t(c)\tthe use of decompression tables or dive computers;\n\t(d)\tdive planning;\n\t(e)\tways of communicating with another diver and with persons at the surface during general diving work;\n\t(f)\thow to safely carry out general diving work of the type proposed to be carried out;\n\t(g)\tdiving physiology, emergency procedures and first aid.\n172—Competence of worker—incidental diving work\n\t(1)\tA person must not carry out incidental diving work unless the person—\n\t(a)\thas the training, qualification or experience referred to in regulation 171A; and\n\t(b)\thas relevant diving experience; and\n\t(c)\tis accompanied and supervised in the water by a person who has the competencies referred to in regulation 171.\n\t(2)\tIn this regulation, a person has relevant diving experience if the person has logged at least 15 hours of diving, of which at least 8 hours and 20 minutes were spent diving between 10 metres above and any depth below the maximum depth at which the diving work is to be carried out.\n173—Competence of worker—limited scientific diving work\n\t(1)\tA person must not carry out limited scientific diving work unless the person has—\n\t(a)\tthe training, qualification or experience referred to in regulation 171A; and\n\t(b)\tif the person is not permanently resident in Australia—relevant diving experience, including relevant diving experience obtained outside Australia.\n\t(2)\tIn this regulation, a person has relevant diving experience if the person has logged at least 60 hours diving of which at least 8 hours and 20 minutes were spent diving between 10 metres above and any depth below the maximum depth at which the limited scientific diving work is to be carried out.\n174—Competence of competent person supervising general diving work\nA person appointed under regulation 177 must not perform any function associated with that appointment unless the person has—\n\t(a)\tthe qualification specified in regulation 171; and\n\t(b)\texperience in the type of diving work to be supervised.\n175—Evidence of competence—duty of person conducting business or undertaking\n\t(1)\tA person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out general diving work unless the person sees written evidence provided by the worker that the worker has the relevant competence required under this Division.\n\t(2)\tA person conducting a business or undertaking at a workplace must not direct or allow a person appointed under regulation 177 to perform any of the functions associated with that appointment unless the person conducting the business or undertaking sees written evidence provided by the person appointed that the person appointed has the competence required under regulation 174.\n\t(3)\tA person conducting a business or undertaking must keep the written evidence given to the person—\n\t(a)\tunder subregulation (1)—for at least 1 year after the diving work is carried out;\n\t(b)\tunder subregulation (2)—for at least 1 year after the last occasion on which the person performs a function associated with the appointment.\nDivision 3—Managing risks—general diving work\n176—Management of risks to health and safety\n\t(1)\tA person conducting a business or undertaking at a workplace must manage risks to health and safety associated with general diving work, in accordance with Chapter 3 Part 1.\n\t(2)\tA person conducting a business or undertaking must ensure that a risk assessment is conducted by a competent person for the purposes of subregulation (1).\n\t(3)\tThe person must ensure that a risk assessment conducted under subregulation (2) is recorded in writing.\nFor general risk management requirements, see Chapter 3 Part 1.\n177—Appointment of competent person to supervise diving work\nA person conducting a business or undertaking at a workplace must appoint 1 or more competent persons to—\n\t(a)\tsupervise general diving work carried out in the business or undertaking; and\n\t(b)\tperform other functions under this Division.\nSee regulation 174 for the qualifications of the competent person.\n178—Additional control—dive plan\n\t(1)\tA person conducting a business or undertaking at a workplace must not direct or allow general diving work to be carried out unless a dive plan for the dive—\n\t(a)\tis prepared by a person appointed under regulation 177; or\n\t(b)\thas been prepared by a person appointed under regulation 177 on an earlier occasion for a similar dive.\n\t(2)\tA dive plan must state the following:\n\t(a)\tthe method of carrying out the diving work to which it relates;\n\t(b)\tthe tasks and duties of each person involved in the dive;\n\t(c)\tthe diving equipment, breathing gases and procedures to be used in the dive;\n\t(d)\tas applicable, dive times, bottom times and decompression profiles;\n\t(e)\thazards relating to the dive and measures to be implemented in the control of risks associated with those hazards;\n\t(f)\temergency procedures.\n179—Dive plan must be complied with\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that general diving work is carried out in accordance with the dive plan prepared for it.\n\t(2)\tA person conducting a business or undertaking must ensure that a competent person appointed by the person under regulation 177 gives workers instruction in relation to the dive plan before commencing the diving work to which the plan relates.\n180—Additional control—dive safety log to be kept\nA person conducting a business or undertaking at a workplace where general diving work is carried out must keep a dive safety log that contains the following information about each dive carried out by a worker:\n\t(a)\tthe name of the worker who carries out the dive;\n\t(b)\tthe name of any other person with whom the dive is carried out;\n\t(c)\tthe name of the person appointed under regulation 177 to supervise the diving work;\n\t(d)\tthe date and location of the dive;\n\t(e)\tthe time each diver enters and leaves the water;\n\t(f)\tthe maximum depth of the dive;\n\t(g)\tany incident, difficulty, discomfort or injury that occurs or is experienced during the dive;\n\t(h)\tif the dive was carried out using a dive computer—the dive time;\n\t(i)\tif the dive was carried out using dive tables—the repetitive dive group, if available, and either the bottom time or the dive time;\n\t(j)\tif the repetitive group and surface interval result in a repetitive factor—the surface interval and the repetitive factor;\n\t(k)\tif the dive is carried out using EANx—\n\t(i)\tthe oxygen content of the EANx; and\n\t(ii)\tthe maximum operating depth of the EANx;\n\t(l)\tif the dive is carried out using mixed gas—\n\t(i)\tthe oxygen content and the nitrogen content (if any) of the gas; and\n\t(ii)\tthe maximum operating depth of the mixed gas; and\n\t(iii)\tthe minimum operating depth of the bottom mix.\n181—Use of dive safety log\n\t(1)\tThis regulation applies to a person conducting a business or undertaking at a workplace where general diving work is carried out.\n\t(2)\tThe person conducting the business or undertaking must ensure that, after each dive carried out in connection with the general diving work is completed, the return of each diver is verified in the dive safety log, as soon as practicable after the return, by—\n\t(a)\tthe diver; and\n\t(b)\ta person appointed under regulation 177 to supervise the diving work.\n\t(3)\tIf workers are carrying out general diving work from a vessel, the person conducting the business or undertaking must ensure that a person appointed under regulation 177 to supervise the diving work makes and verifies entries in the dive safety log of the number of workers and other persons on board the vessel—\n\t(a)\tbefore the diving work commences; and\n\t(b)\tbefore the vessel leaves the location after the diving work is completed.\n\t(4)\tThe person conducting the business or undertaking must ensure that the dive safety log is kept for at least 1 year after the last entry is made.\n\t(5)\tIn this regulation, an event is verified in the dive safety log—\n\t(a)\tby signing; or\n\t(b)\tif the log is electronic, by entering the verifier's unique identifier.\n182—Record keeping\n\t(1)\tThis regulation applies if a person conducting a business or undertaking prepares—\n\t(a)\ta risk assessment under regulation 176; or\n\t(b)\ta dive plan under regulation 178.\n\t(a)\ta copy of the risk assessment until at least 28 days after the work to which it relates is completed; and\n\t(b)\ta copy of the dive plan until the work to which it relates is completed.\n\t(3)\tIf a notifiable incident occurs in connection with the work to which the assessment or dive plan relates, the person must keep the assessment or dive plan (as applicable) for at least 2 years after the incident occurs.\n\t(4)\tThe person must ensure that, for the period for which the assessment or dive plan must be kept under this regulation, a copy is readily accessible to any worker engaged by the person to carry out the work to which the assessment or dive plan relates.\n\t(5)\tThe person must ensure that, for the period for which the assessment or dive plan must be kept under this regulation, a copy is available for inspection under the Act.\nDivision 4—High risk diving work\n183—Duties of person conducting business or undertaking\nA person conducting a business or undertaking at a workplace where high risk diving work is carried out must ensure that the following are in accordance with AS/NZS 2299.1:2015 (Occupational diving operations—Standard operational practice):\n\t(a)\tthe fitness of persons carrying out the work;\n\t(b)\tthe competence of persons carrying out the work;\n\t(c)\tthe carrying out of the work.\n184—Duty of worker—competence\nA person must not carry out high risk diving work unless the person has the qualifications, knowledge, skills and experience required by AS/NZS 2299.1:2015 (Occupational diving operations—Standard operational practice) for work of the kind to be carried out by the person.\n","sortOrder":26},{"sectionNumber":"Part 5","sectionType":"part","heading":"Plant and structures","content":"Chapter 5—Plant and structures\nPart 1—General duties for plant and structures\nIf a jurisdiction enacts Schedule 1 of the Act, this Part will extend to plant outside the workplace as provided for in that Schedule.\n185—Application of Chapter 5 Part 1 to plant\n\t(1)\tSubject to this regulation, this Part applies to all plant.\n\t(2)\tSubject to subregulation (3), this Part does not apply to plant that—\n\t(a)\trelies exclusively on manual power for its operation; and\n\t(b)\tis designed to be primarily supported by hand.\n\t(3)\tThis Part applies to explosive power tools that are designed to be supported by hand.\n186—Application of Chapter 5 Part 1 to structures\nThis Part applies to structures as provided in this Part.\nDivision 2—Duties of persons conducting businesses or undertakings that design plant\n187—Provision of information to manufacturer\nA designer of plant must ensure, when the design of the plant is made available to the manufacturer of the plant, that the manufacturer is provided with—\n\t(a)\tinformation to enable the plant to be manufactured in accordance with the design specifications; and\n\t(b)\tif applicable, information about—\n\t(i)\tthe installation, commissioning, decommissioning, use, handling, storage and, if the plant is capable of being dismantled, dismantling of the plant; and\n\t(ii)\tthe hazards and risks associated with the use of the plant that the designer has identified; and\n\t(iii)\ttesting or inspections to be carried out on the plant; and\n\t(iv)\tthe systems of work and competency of operators that are necessary for the safe use of the plant; and\n\t(v)\tthe emergency procedures (if any) that are required to be implemented if there is a malfunction of the plant.\nA designer also has duties under section 22 of the Act.\n188—Hazard identified in design during manufacture\nIf a manufacturer of plant informs the designer of the plant that there is a hazard in the design of plant for which the designer has not provided a control measure, the designer must—\n\t(a)\trevise the information originally supplied to the manufacturer to ensure that—\n\t(i)\tthe risk is eliminated so far as is reasonably practicable; or\n\t(ii)\tif it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable; or\n\t(b)\tnotify the manufacturer, in writing, that the designer is of the opinion that it is not necessary to revise the information originally supplied to the manufacturer to ensure compliance with this Part.\nA designer also has duties under section 22 of the Act.\n189—Guarding\n\t(1)\tThis regulation applies if a designer of plant uses guarding as a control measure.\n\t(2)\tThe designer must ensure, so far as is reasonably practicable, that the guarding designed for that purpose will prevent access to the danger point or danger area of the plant.\n\t(3)\tThe designer must ensure that—\n\t(a)\tif access to the area of the plant requiring guarding is not necessary during operation, maintenance or cleaning of the plant—the guarding is a permanently fixed physical barrier; or\n\t(b)\tif access to the area of the plant requiring guarding is necessary during operation, maintenance or cleaning of the plant—the guarding is an interlocked physical barrier that allows access to the area being guarded at times when that area does not present a risk and prevents access to that area at any other time; or\n\t(c)\tif it is not reasonably practicable to use guarding referred to in paragraph (a) or (b)—the guarding used is a physical barrier that can only be altered or removed by the use of tools; or\n\t(d)\tif it is not reasonably practicable to use guarding referred to in paragraph (a), (b) or (c)—the design includes a presence‑sensing safeguarding system that eliminates any risk arising from the area of the plant requiring guarding while a person or any part of a person is in the area being guarded.\n\t(4)\tThe designer must ensure that the guarding is designed—\n\t(a)\tto be of solid construction and securely mounted so as to resist impact or shock; and\n\t(b)\tto make bypassing or disabling of the guarding, whether deliberately or by accident, as difficult as is reasonably practicable; and\n\t(c)\tso as not to cause a risk in itself.\n\t(5)\tIf the plant to be guarded contains moving parts and those parts may break or cause workpieces to be ejected from the plant, the designer must ensure, so far as is reasonably practicable, that the guarding will control any risk from those broken or ejected parts and workpieces.\n\t(6)\tDespite anything to the contrary in this regulation, the designer must ensure—\n\t(a)\tthat the guarding is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation; and\n\t(b)\tif the guarding is removed, that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.\n190—Operational controls\n\t(1)\tA designer of plant must ensure that the design provides for any operator's controls for the plant to be—\n\t(a)\tidentified on the plant so as to indicate their nature and function and direction of operation; and\n\t(b)\tlocated so as to be readily and conveniently operated by each person using the plant; and\n\t(c)\tlocated or guarded to prevent unintentional activation; and\n\t(d)\table to be locked into the \"off\" position to enable the disconnection of all motive power.\n\t(2)\tIf the need for plant to be operated during maintenance or cleaning cannot be eliminated, the designer of the plant must ensure that the design provides for operator's controls that:\n\t(a)\tpermit operation of the plant while a person is undertaking the maintenance or cleaning of the plant; and\n\t(b)\twhile the plant is being maintained or cleaned, cannot be operated by any person other than the person who is carrying out the maintenance or cleaning of the plant; and\n\t(c)\twill allow operation of the plant in such a way that any risk associated with the activities in relation to any person who is carrying out the maintenance or cleaning—\n\t(i)\tis eliminated so far as is reasonably practicable; or\n\t(ii)\tif it is not reasonably practicable to eliminate the risk, is minimised so far as is reasonably practicable.\n191—Emergency stop controls\n\t(1)\tIf plant is designed to be operated or attended by more than 1 person and more than 1 emergency stop control is fitted, the designer of the plant must ensure that the design provides for the multiple emergency stop controls to be of the \"stop and lock‑off\" type so that the plant cannot be restarted after an emergency stop control has been used unless that emergency stop control is reset.\n\t(2)\tIf the design of the plant includes an emergency stop control for the plant, the designer of the plant must ensure that the design provides—\n\t(a)\tfor the stop control to be prominent, clearly and durably marked and immediately accessible to each operator of the plant; and\n\t(b)\tfor any handle, bar or push button associated with the stop control to be coloured red; and\n\t(c)\tthat the stop control cannot be adversely affected by electrical or electronic circuit malfunction.\n192—Warning devices\n\t(1)\tThis regulation applies if the design of plant includes an emergency warning device or it is necessary to include an emergency warning device to minimise risk.\n\t(2)\tThe designer of the plant must ensure that the design provides for the device to be positioned on the plant to ensure the device will work to best effect.\nDivision 3—Duties of persons conducting businesses or undertakings that manufacture plant\n193—Control of risk\n\t(1)\tA manufacturer of plant must ensure the following:\n\t(a)\tthat the plant is manufactured and inspected having regard to the information provided to the manufacturer by the designer of the plant under the Act and these regulations;\n\t(b)\tif the information provided to the manufacturer by the designer of the plant under the Act and these regulations requires the plant to be tested—that the plant is tested in accordance with that information;\n\t(c)\tif, during the manufacturing process, any hazard is identified in the design of the plant for which the designer has not provided a control measure—\n\t(i)\tthat the hazard is not incorporated into the manufacture of the plant; and\n\t(ii)\tthat the designer of the plant is given written notice of the hazard as soon as practicable; and\n\t(iii)\tthat all reasonable steps are taken to consult with the designer of the plant in relation to the alteration of the design to rectify the hazard.\n\t(2)\tA manufacturer of plant must ensure that, if it is not possible to inform the designer about the hazard in accordance with subregulation (1)—\n\t(a)\tthe risk is eliminated, so far as is reasonably practicable; or\n\t(b)\tif it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable.\nWHS Act—section 23 (see regulation 9).\n\t(3)\tA manufacturer to whom subregulation (1)(c) applies must not manufacture the plant until—\n\t(a)\tthe designer gives the manufacturer the revised information or written instruction under regulation 188; or\n\t(b)\tthe manufacturer eliminates or minimises the risk under subregulation (2).\nWHS Act—section 23 (see regulation 9).\n\t(4)\tIf the designer notifies a manufacturer of plant under regulation 188, the manufacturer may proceed in accordance with the designer's original information.\n194—Guarding\n\t(1)\tA manufacturer of plant must ensure that guarding used as a control measure is of solid construction and securely mounted so as to resist impact or shock.\n\t(2)\tA manufacturer of plant must ensure—\n\t(a)\tthat any guarding used as a control measure in relation to plant is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation; and\n\t(b)\tif the guarding is removed—that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.\n195—Information must be obtained and provided\nA manufacturer of plant must—\n\t(a)\ttake all reasonable steps to obtain the information required to be provided to the manufacturer by the designer of the plant under section 22(4)(a) and (c) of the Act and regulations 187 and 188; and\n\t(b)\tensure that a person to whom the manufacturer supplies the plant is, at the time of supply, provided with the information provided to the manufacturer by the designer under section 22(4)(a) and (c) of the Act and regulation 187; and\n\t(c)\tif the manufacturer acts in accordance with regulation 193(1)(c), ensure that a person to whom the manufacturer supplies the plant is provided with the information, applicable to the plant, that is required to be provided by the designer under sections 22(4)(a) and (c) of the Act and regulation 188.\nDivision 4—Duties of persons conducting businesses or undertakings that import plant\n196—Information to be obtained and provided by importer\nAn importer of plant must—\n\t(a)\ttake all reasonable steps to obtain—\n\t(i)\tthe information that would be required to be provided by a manufacturer under section 23(4)(a) and (c) of the Act; and\n\t(ii)\tthe information that would be required to be provided by the designer of the plant to the manufacturer under regulations 187 and 188; and\n197—Control of risk\nAn importer of plant must—\n\t(a)\tensure that the plant is inspected having regard to the information provided by the manufacturer; and\n\t(b)\tif the information provided by the manufacturer requires the plant to be tested—ensure that the plant is tested in accordance with that information; and\n\t(c)\tif any hazards are identified—\n\t(i)\tensure that the plant is not supplied until the risks have been eliminated so far as is reasonably practicable; and\n\t(ii)\tif it is not reasonably practicable to eliminate the risks, inform the person to whom the plant is supplied about the risks; and\n\t(d)\ttake all reasonable steps to ensure that the designer and manufacturer of the plant are consulted in relation to any alteration made to the plant to control the risk.\nDivision 5—Duties of persons conducting businesses or undertakings that supply plant\n198—Information to be obtained and provided by supplier\nA supplier of plant must—\n\t(a)\ttake all reasonable steps to obtain the information required to be provided by the manufacturer under section 23(4)(a) and (c) of the Act and these regulations; and\n\t(b)\tensure that, when the plant is supplied, the person to whom the plant is supplied is given the information obtained by the supplier under paragraph (a).\n199—Supply of second‑hand plant—duties of supplier\n\t(1)\tA supplier of second‑hand plant must ensure, so far as is reasonably practicable, that any faults in the plant are identified.\n\t(2)\tA supplier of second‑hand plant must ensure that the person to whom the plant is supplied is, before the plant is supplied, given written notice—\n\t(a)\tof the condition of the plant; and\n\t(b)\tof any faults identified under subregulation (1); and\n\t(c)\tif appropriate, that the plant should not be used until the faults are rectified.\n\t(3)\tThis regulation does not apply to plant to be used for scrap or spare parts.\n200—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 plant is supplied, inform the person to whom the plant is supplied, either in writing or by marking the plant, that the plant is being supplied for scrap or spare parts and that the plant in its current form is not to be used as plant.\nDivision 6—Duties of persons conducting businesses or undertakings that install, construct or commission plant or structures\n201—Duties of persons conducting businesses or undertakings that install, construct or commission plant\n\t(1)\tThis regulation applies to a person who conducts a business or undertaking that installs, constructs or commissions plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace.\n\t(2)\tThe person must ensure that the plant is installed, constructed or commissioned having regard to—\n\t(a)\tthe information provided by the designer, manufacturer, importer or supplier of the plant under the Act and these regulations; or\n\t(b)\tthe instructions provided by a competent person to the extent that those instructions relate to health and safety.\n202—Duties of persons conducting businesses or undertakings that install, construct or commission structures\n\t(1)\tThis regulation applies to a person who conducts a business or undertaking that installs, constructs or commissions a structure that is to be used, or could reasonably be expected to be used, as or at, a workplace.\n\t(2)\tThe person must ensure that the structure is installed, constructed or commissioned having regard to—\n\t(a)\tthe information provided by the designer, manufacturer, importer or supplier of the structure under the Act and these regulations; or\n\t(b)\tthe instructions provided by a competent person to the extent that those instructions relate to health and safety.\nDivision 7—General duties of a person conducting a business or undertaking involving the management or control of plant\nA person with management or control of plant at a workplace is the person conducting a business or undertaking at the workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the definition of person with management or control of plant at a workplace in regulation 5 and section 21 of the Act.\nSubdivision 1—Management of risks\n203—Management of risks to health and safety\nA person with management or control of plant at a workplace must manage risks to health and safety associated with plant, in accordance with Chapter 3 Part 1.\nWHS Act—section 21 (see regulation 9).\nSubdivision 2—Additional control measures for general plant\n204—Control of risks arising from installation or commissioning\n\t(1)\tA person with management or control of plant at a workplace must not commission the plant unless the person has established that the plant is, so far as is reasonably practicable, without risks to the health and safety of any person.\n\t(2)\tA person with management or control of plant at a workplace must not decommission or dismantle the plant unless the decommissioning or dismantling can be carried out, so far as is reasonably practicable, without risks to the health and safety of any person.\n\t(3)\tA person with management or control of plant at a workplace must ensure that a person who installs, assembles, constructs, commissions or decommissions or dismantles the plant is a competent person.\n\t(4)\tA person with management or control of plant at a workplace must ensure that a person who installs, assembles, constructs, commissions or decommissions or dismantles the plant is provided with the available information for eliminating or minimising risks to health or safety.\n\t(5)\tA person with management or control of plant at a workplace must ensure that the processes for the installation, construction, commissioning, decommissioning and dismantling of plant include inspections that ensure, so far as is reasonably practicable, that risks associated with these activities are monitored.\n205—Preventing unauthorised alterations to or interference with plant\nThe person with management or control of plant at a workplace must, so far as is reasonably practicable, prevent alterations to or interference with the plant that are not authorised by the person.\n206—Proper use of plant and controls\n\t(1)\tThe person with management or control of plant at a workplace must take all reasonable steps to ensure that plant is used only for the purpose for which it was designed, unless the person has determined that the proposed use does not increase the risk to health or safety.\n\t(2)\tIn determining whether or not a proposed use of plant increases the risk to health or safety, the person with management or control of the plant must ensure that the risk associated with the proposed use is assessed by a competent person.\n\t(3)\tThe person with management or control of plant at a workplace must take all reasonable steps to ensure that all health and safety features and warning devices (including guarding, operational controls, emergency stops and warning devices) are used in accordance with the instructions and information provided by that person under regulation 39.\n207—Plant not in use\nThe person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that plant that is not in use is left in a state that does not create a risk to the health or safety of any person.\n208—Guarding\n\t(1)\tThis regulation applies if guarding is used as a control measure in relation to plant at a workplace.\n\t(2)\tThe person with management or control of the plant must ensure that—\n\t(a)\tif access to the area of the plant requiring guarding is not necessary during operation, maintenance or cleaning of the plant, the guarding is a permanently fixed physical barrier; or\n\t(b)\tif access to the area of the plant requiring guarding is necessary during operation, maintenance or cleaning of the plant, the guarding is an interlocked physical barrier that allows access to the area being guarded at times when that area does not present a risk and prevents access to that area at any other time; or\n\t(c)\tif it is not reasonably practicable to use guarding referred to in paragraph (a) or (b), the guarding used is a physical barrier that can only be altered or removed by the use of tools; or\n\t(d)\tif it is not reasonably practicable to use guarding referred to in paragraph (a), (b) or paragraph (c), the guarding includes a presence‑sensing safeguarding system that eliminates any risk arising from the area of the plant requiring guarding while a person or any part of a person is in the area being guarded.\n\t(3)\tThe person with management or control of the plant must ensure that the guarding—\n\t(a)\tis of solid construction and securely mounted so as to resist impact or shock; and\n\t(b)\tmakes bypassing or disabling of the guarding, whether deliberately or by accident, as difficult as is reasonably practicable; and\n\t(c)\tdoes not create a risk in itself; and\n\t(d)\tis properly maintained.\n\t(4)\tIf the plant to be guarded contains moving parts that may break or cause workpieces to be ejected from the plant, the person with management or control of the plant must ensure, so far as is reasonably practicable, that the guarding will control any risk from those broken or ejected parts and workpieces.\n\t(5)\tDespite anything to the contrary in this regulation, the person with management or control of the plant must ensure—\n\t(a)\tthat the guarding is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation; and\n\t(b)\tif guarding is removed, that so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.\n209—Guarding and insulation from heat and cold\nThe person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that any pipe or other part of the plant associated with heat or cold is guarded or insulated so that the plant is without risks to the health and safety of any person.\n210—Operational controls\n\t(1)\tThe person with management or control of plant at a workplace must ensure that any operator's controls are—\n\t(a)\tidentified on the plant so as to indicate their nature and function and direction of operation; and\n\t(b)\tlocated so as to be readily and conveniently operated by each person using the plant; and\n\t(c)\tlocated or guarded to prevent unintentional activation; and\n\t(d)\table to be locked into the \"off\" position to enable the disconnection of all motive power.\n\t(2)\tIf the need for plant to be operated during maintenance or cleaning cannot be eliminated, the person with management or control of the plant at a workplace must ensure that the operator's controls—\n\t(a)\tpermit operation of the plant while a person is undertaking the maintenance or cleaning of the plant; and\n\t(b)\twhile the plant is being maintained or cleaned, either—\n\t(i)\tcannot be operated by any person other than the person who is carrying out the maintenance or cleaning of the plant; or\n\t(ii)\tif subparagraph (i) cannot be complied with because the plant must be operated by a person other than the person who is carrying out the maintenance or cleaning of the plant, cannot be operated except by a person authorised by the person with management or control of the plant for that purpose; and\n\t(c)\twill allow operation of the plant in such a way that any risk associated with the activities in relation to any person who is carrying out the maintenance or cleaning—\n\t(i)\tis eliminated so far as is reasonably practicable; or\n\t(ii)\tif it is not reasonably practicable to eliminate the risk, is minimised so far as is reasonably practicable.\n211—Emergency stops\n\t(1)\tIf plant at a workplace is designed to be operated or attended by more than 1 person and more than 1 emergency stop control is fitted, the person with management or control of plant at the workplace must ensure that the multiple emergency stop controls are of the \"stop and lock‑off\" type so that the plant cannot be restarted after an emergency stop control has been used unless that emergency stop control is reset.\n\t(2)\tIf the design of plant at a workplace includes an emergency stop control, the person with management or control of the plant at the workplace must ensure that—\n\t(a)\tthe stop control is prominent, clearly and durably marked and immediately accessible to each operator of the plant; and\n\t(b)\tany handle, bar or push button associated with the stop control is coloured red; and\n\t(c)\tthe stop control cannot be adversely affected by electrical or electronic circuit malfunction.\n212—Warning devices\n\t(1)\tThis regulation applies if the design of plant includes an emergency warning device or it is necessary to include an emergency warning device to minimise risk.\n\t(2)\tThe person with management or control of the plant must ensure that the device is positioned on the plant to ensure that the device will work to best effect.\n213—Maintenance and inspection of plant\n\t(1)\tThe person with management or control of plant at a workplace must ensure that the maintenance, inspection and, if necessary, testing of the plant is carried out by a competent person.\n\t(2)\tThe maintenance, inspection and testing must be carried out—\n\t(a)\tin accordance with the manufacturer's recommendations, if any; or\n\t(b)\tif there are no manufacturer's recommendations, in accordance with the recommendations of a competent person; or\n\t(c)\tin relation to inspection, if it is not reasonably practicable to comply with paragraph (a) or (b), annually.\nSubdivision 3—Additional control measures for certain plant\nThe person with management or control of plant at a workplace is the person conducting a business or undertaking at a workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the definition of person with management or control of plant at a workplace in regulation 5 and section 21 of the Act.\n214—Powered mobile plant—general control of risk\nThe person with management or control of powered mobile plant at a workplace must in accordance with Chapter 3 Part 1, manage risks to heath and safety associated with the following:\n\t(a)\tthe plant overturning;\n\t(b)\tthings falling on the operator of the plant;\n\t(c)\tthe operator being ejected from the plant;\n\t(d)\tthe plant colliding with any person or thing;\n\t(e)\tmechanical failure of pressurised elements of plant that may release fluids that pose a risk to health and safety.\nWHS Act—section 21 (see regulation 9).\n215—Powered mobile plant—specific control measures\n\t(1)\tThis regulation applies to a person with management or control of powered mobile plant at a workplace.\n\t(2)\tThe person must ensure, so far as is reasonably practicable, that a suitable combination of operator protective devices for the plant is provided, maintained and used.\n\t(3)\tThe person must ensure, so far as is reasonably practicable, that no person other than the operator rides on the plant unless the person is provided with a level of protection that is equivalent to that provided to the operator.\n\t(4)\tThe person must ensure that the plant does not collide with pedestrians or other powered mobile plant.\n\t(5)\tWithout limiting subregulation (4), if there is a possibility of the plant colliding with pedestrians or other powered mobile plant, the person must ensure that the plant has a warning device that will warn persons who may be at risk from the movement of the plant.\n216—Roll‑over protection on tractors\n\t(1)\tThe person with management or control of a tractor at a workplace must ensure that the tractor is not used unless it is securely fitted with a roll‑over protective structure.\n\t(2)\tIf a tractor is used in a place that is too low for the tractor to work while it is fitted with a roll‑over protective structure, the structure may be lowered or removed for the period during which the tractor is used in such a situation (but only if other measures to minimise the risk of roll‑over are in place).\n\t(3)\tThis regulation does not apply if the tractor is—\n\t(a)\tinstalled in a fixed position, and in a manner which would no longer permit it to be used as powered mobile plant; or\n\t(b)\ta tractor with a mass of less than 560 kilograms or a mass of 15 000 kilograms or more; or\n\t(c)\tbeing used for a historical purpose or activity.\nhistorical purpose or activity, in relation to the use of a tractor, includes an activity ancillary to a historical activity;\n1\tHistorical activity: a historical display, parade, demonstration or re‑enactment.\n2\tActivity ancillary to a historical activity: restoring, maintaining, modifying or housing a tractor used, or to be used, for a historical activity.\nroll‑over protective structure means a structure designed to protect a tractor operator from injury if the tractor rolls over in any direction.\nRegulations 214 and 215 also apply to a tractor.\n218—Industrial lift trucks\n\t(1)\tThe person with management or control of an industrial lift truck at a workplace must ensure that the truck is—\n\t(a)\tequipped with lifting attachments that are suitable for the load to be lifted or moved by the truck; and\n\t(b)\toperated in a manner that ensures that the risks to the operator of the truck and other persons at or near the workplace that arise from systems of work and the environment in which the truck is used—\n\t(i)\tare eliminated so far as is reasonably practicable; or\n\t(ii)\tif it is not reasonably practicable to eliminate the risks, are minimised so far as is reasonably practicable.\n\t(2)\tThe person with management or control of an industrial lift truck at a workplace must ensure that the truck is not used to carry a passenger unless—\n\t(a)\tthe truck is designed to carry a seated passenger; and\n\t(b)\tthe passenger seat is—\n\t(i)\tfitted with suitable seat restraints; and\n\t(ii)\tlocated within the zone of protection that is provided by the operator protective device required to be fitted to the industrial lift truck.\n\t(3)\tThe person with management or control of an industrial lift truck at a workplace must take all reasonable steps to ensure that a passenger in an industrial lift truck is seated in a seat that complies with subregulation (2)(b).\nRegulations 214 and 215 also apply to an industrial lift truck.\n219—Plant that lifts or suspends loads\n\t(1)\tThis regulation applies in relation to plant that is used to lift or suspend persons or things.\n\t(2)\tThe person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that the plant used is specifically designed to lift or suspend the load.\n\t(3)\tIf it is not reasonably practicable to use plant that is specifically designed to lift or suspend the load, the person must ensure that—\n\t(a)\tthe plant does not cause a greater risk to health and safety than if specifically designed plant were used; and\n\t(b)\tif the plant is lifting or suspending persons, the use of the plant complies with regulation 220.\n\t(4)\tThe person must ensure that the lifting and suspending is carried out—\n\t(a)\twith lifting attachments that are suitable for the load being lifted or suspended; and\n\t(b)\twithin the safe working limits of the plant.\n\t(5)\tThe person must ensure, so far as is reasonably practicable, that no loads are suspended or travel over a person unless the plant is specifically designed for that purpose.\n\t(6)\tThe person must ensure, so far as is reasonably practicable, that loads are lifted or suspended in a way that ensures that the load remains under control during the activity.\n\t(7)\tThe person must ensure, so far as is reasonably practicable, that no load is lifted simultaneously by more than 1 item of plant unless the method of lifting ensures that the load placed on each item of plant does not exceed the design capacity of the plant.\n220—Exception—Plant not specifically designed to lift or suspend a person\n\t(1)\tFor the purposes of regulation 219(3)(b), the person with management or control of the plant at a workplace must ensure that—\n\t(a)\tthe persons are lifted or suspended in a work box that is securely attached to the plant; and\n\t(b)\tthe persons in the work box remain substantially within the work box while they are being lifted or suspended; and\n\t(c)\tif there is a risk of a person falling from a height, a safety harness is provided and worn by the person in order to prevent, so far as is reasonably practicable, injury to the person as a result of the fall; and\n\t(d)\tmeans are provided by which the persons being lifted or suspended can safely exit from the plant in the event of a failure in its normal operation.\n\t(2)\tThis regulation does not apply to plant used in connection with—\n\t(a)\tthe performance of stunt work; or\n\t(b)\tthe performance of acrobatics; or\n\t(c)\ttheatrical performances.\nChapter 4 Part 4 (except regulation 79) applies to the matters in subregulation (2).\n221—Plant used in connection with tree lopping\n\t(1)\tRegulation 220(1)(a) and (b) do not apply in connection with tree lopping if—\n\t(a)\ta risk assessment shows that lifting or suspending a person in a harness with a crane to place the person in a tree to carry out tree lopping does not create a greater risk to health or safety than using plant specifically designed to lift a person or climbing a tree; and\n\t(b)\tthe tree lopping is carried out by a person who is a competent person in the use of the harness referred to in paragraph (a); and\n\t(c)\ta crane is used to put the competent person in the tree to lop it; and\n\t(d)\tthe crane has safety mechanisms that would prevent the competent person from inadvertently falling; and\n\t(e)\twhile attached to the crane, the competent person is in visual, audio or radio communication with the crane operator.\nharness means a work positioning harness that is designed and certified, in accordance with AS/NZS 1891.1:2020 (Personal equipment for work at height—Manufacturing requirements for full body combination and lower body harnesses), for the purpose of lifting and suspending a person.\n222—Industrial robots\n\t(1)\tThis regulation applies to a person with management or control of an industrial robot or other remotely or automatically energised plant at a workplace.\n\t(2)\tThe person must not allow or direct a worker to work in the immediate vicinity of the plant if it could start without warning and cause a hazard, unless suitable control measures are in place to control the risks to health and safety.\n\t(3)\tIf the remote or automatic energising of the plant could lead to risks to health and safety, the person must ensure that access to the area in the immediate vicinity of the plant is controlled at all times—\n\t(a)\tby isolating the area; or\n\t(b)\tby—\n\t(i)\tproviding interlocked guards; or\n\t(ii)\tif a risk remains, providing presence‑sensing devices; or\n\t(iii)\tif a risk then remains, providing permit to work systems.\n223—Lasers\n\t(1)\tThis regulation applies to the person with management or control at a workplace of laser equipment that may create a risk to health and safety.\n\t(2)\tThe person must ensure that laser equipment intended for use on plant is designed, constructed and installed so as to prevent accidental irradiation of any person.\n\t(3)\tThe person must ensure that laser equipment on plant is protected so that any operator of the plant or other person is not exposed to direct radiation, radiation produced by reflection or diffusion or secondary radiation.\n\t(4)\tThe person must ensure that the visual equipment used for the observation or adjustment of laser equipment on plant does not create a risk to health or safety from laser rays.\n\t(5)\tThe person must ensure that the workers operating the laser equipment are trained in the proper operation of the equipment.\n\t(6)\tThe person must ensure that Class 3B and Class 4 lasers (within the meaning of AS 2397:2015—Safe use of lasers in the building and construction industry) are not used in construction work.\n224—Pressure equipment\n\t(1)\tThe person with management or control of pressure equipment at a workplace must ensure that—\n\t(a)\tthe equipment is inspected on a regular basis by a competent person; and\n\t(b)\tany gas cylinder that is inspected is marked with a current inspection mark showing the date of the most recent inspection.\n\t(2)\tThe person with management or control of gas cylinders at a workplace that is a gas cylinder filling station must ensure that—\n\t(a)\ta gas cylinder is not filled with gas unless it bears a current inspection mark; and\n\t(b)\ta gas cylinder is only filled with gas for which that cylinder is designed.\n225—Scaffolds\n\t(1)\tThis regulation applies in relation to—\n\t(a)\ta suspended scaffold; and\n\t(b)\ta cantilevered scaffold; and\n\t(c)\ta spur scaffold; and\n\t(d)\ta hung scaffold; and\n\t(e)\tany other scaffold from which a person or thing could fall more than 4 metres.\n\t(2)\tThe person with management or control of a scaffold at a workplace must ensure that the scaffold is not used unless the person receives written confirmation from a competent person who has inspected the scaffold that construction of the scaffold has been completed.\n\t(3)\tThe person with management or control of a scaffold at a workplace must ensure that the scaffold and its supporting structure are inspected by a competent person—\n\t(a)\tbefore use of the scaffold is resumed after an incident occurs that may reasonably be expected to affect the stability of the scaffold; and\n\t(b)\tbefore use of the scaffold is resumed after repairs; and\n\t(c)\tat least every 30 days.\n\t(4)\tIf an inspection indicates that a scaffold at a workplace or its supporting structure creates a risk to health or safety, the person with management or control of the scaffold must ensure that—\n\t(a)\tany necessary repairs, alterations and additions are made or carried out; and\n\t(b)\tthe scaffold and its supporting structure are inspected again by a competent person before use of the scaffold is resumed.\n\t(5)\tThe person with management or control of a scaffold at a workplace must ensure that unauthorised access to the scaffold is prevented while the scaffold is incomplete or unattended.\nDanger tags and other warning signs.\n226—Plant with presence‑sensing safeguarding system—records\n\t(1)\tThe person with management or control of plant with a presence sensing safeguarding system at a workplace must keep a record of safety integrity tests, inspections, maintenance, commissioning, decommissioning, dismantling and alterations of the plant for the period set out in subregulation (2).\n\t(2)\tThe record must be kept for—\n\t(a)\t5 years unless paragraph (b) applies; or\n\t(b)\tthe life of the plant or until the person relinquishes control of the plant if the plant is registered plant or has been altered.\n\t(3)\tThe person must keep the record available for inspection under the Act.\n\t(4)\tThe person must make the record available to any person to whom the person relinquishes control of the plant.\nPart 2—Additional duties relating to registered plant and plant designs\n1\tThe person with management or control of plant at a workplace is the person conducting a business or undertaking at a workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the definition of person with management or control of plant at a workplace in regulation 5 and section 21 of the Act.\n2\tThis Part applies in addition to Chapter 5 Part 1.\n3\tIn this Part, plant includes a structure (see definition of plant in regulation 5).\nDivision 1—Application of Chapter 5 Part 2\n227—Application of Chapter 5 Part 2\nThis Part applies to—\n\t(a)\tplant that is required to be registered under Chapter 5 Part 3; or\n\t(b)\tplant the design of which is required to be registered under Chapter 5 Part 3.\nDivision 2—Duty of person conducting a business or undertaking who designs plant to record plant design\n228—Records and information\nIf the design of plant is required to be registered under Chapter 5 Part 3, the designer of that plant must make a record that contains—\n\t(a)\tthe method used to determine the control measures for the plant and the control measures that result from that determination; and\n\t(b)\ta copy of the information provided to a manufacturer under section 22 of the Act in relation to that plant; and\n\t(c)\ta copy of the information provided to a manufacturer under regulation 187 in relation to that plant; and\n\t(d)\tif applicable, a copy of the information provided to a manufacturer under regulation 188 in relation to that plant.\n229—Record of standards or engineering principles used\n\t(1)\tIf the design of plant is required to be registered under Chapter 5 Part 3, the designer of the plant must record any published technical standard, including any part of a published technical standard, that was used to design the plant.\n\t(2)\tIf the designer of the plant has not used published technical standards to design the plant, the designer must record any engineering principles used to design the plant.\n230—Records to be available for inspection\n\t(1)\tA designer of plant must ensure that the records made under regulations 228 and 229 are kept available for inspection under the Act.\n\t(2)\tA designer of plant must ensure that the records made available under regulations 228 and 229 are made available for inspection by the design verifier of the plant design.\n\t(3)\tA designer of plant must keep the records made under regulations 228 and 229 for the design life of the plant.\nDivision 3—Duties of a person conducting a business or undertaking\n231—Duty of persons conducting businesses or undertakings that manufacture plant\nA manufacturer must not supply plant specified in Part 1 of Schedule 5 unless the design of that plant is registered under Chapter 5 Part 3.\n232—Duty of persons conducting businesses or undertakings that import plant\nAn importer must not supply plant specified in Part 1 of Schedule 5 unless the design of that plant is registered under Chapter 5 Part 3.\n233—Duty of persons conducting businesses or undertakings that supply plant\nA supplier must not supply plant specified in Part 1 of Schedule 5 unless the design of that plant is registered under Chapter 5 Part 3.\n234—Duty of persons conducting businesses or undertakings that commission plant\n\t(1)\tThis regulation applies to a person who conducts a business or undertaking that commissions plant.\n\t(2)\tThe person must not commission an item of plant that is specified in Part 2 of Schedule 5 for use in a workplace unless that item of plant is registered under Chapter 5 Part 3.\n\t(3)\tNothing in subregulation (2) prevents a person from performing any necessary adjustments, tests or inspections as part of the commissioning process before the plant is commissioned at a workplace.\nDivision 4—Duties of a person conducting a business or undertaking involving the management or control of plant\nSubdivision 1—Control measures for registered plant\n235—Major inspection of registered mobile cranes and tower cranes\n\t(1)\tThis regulation applies to the person with management or control of a registered mobile crane or tower crane at a workplace.\n\t(2)\tThe person must ensure that a major inspection of the crane is carried out by, or under the supervision of, a competent person—\n\t(a)\tat the end of the design life recommended by the manufacturer for the crane; or\n\t(b)\tif there are no manufacturer's recommendations—in accordance with the recommendations of a competent person; or\n\t(c)\tif it is not reasonably practicable to comply with paragraph (a) or (b)—every 10 years from the date that the crane was first commissioned or first registered, whichever occurred first.\n\t(3)\tA major inspection carried out under and in accordance with an equivalent provision of a corresponding WHS law is taken to be a major inspection for the purposes of this regulation.\n\t(4)\tIn this regulation, a competent person is a person who—\n\t(a)\tcomplies with both of the following:\n\t(i)\thas acquired through training, qualification or experience the knowledge and skills to carry out a major inspection of the plant; and\n\t(ii)\tis—\n\t(A)\tregistered, or eligible to be registered, on the National Professional Engineers Register administered by the Institution of Engineers, Australia; or\n\t(B)\ta member, or eligible to be a member, of the Institution of Engineers Australia with the status of Chartered Professional Engineer; or\n\t(b)\tis determined by the regulator to be a competent person.\n\t(5)\tThe regulator may, on the application of a person, make a determination in relation to the person for the purposes of subregulation (4)(b) if the regulator considers that exceptional circumstances exist.\n\t(6)\tIn this regulation—\nmajor inspection means—\n\t(a)\tan examination of all critical components of the crane, if necessary by stripping down the crane and removing paint, grease and corrosion to allow a thorough examination of each critical component; and\n\t(b)\ta check of the effective and safe operation of the crane.\n236—Lifts\n\t(1)\tThe person with management or control of a lift at a workplace (including a person with management or control of maintenance of a lift) must ensure that—\n\t(a)\tif there is a risk of a person falling down a lift well—\n\t(i)\tsecure barriers are provided to prevent access to openings into the lift well by someone other than a person who is performing work in the lift well; and\n\t(ii)\tsecure working platforms or equivalent arrangements are provided for a person who is working in the lift well to prevent a fall from height; and\n\t(b)\tif there is a risk to a person working in a lift well from objects falling onto that person—a secure barrier is provided to prevent, so far as is reasonably practicable, falling objects from striking the person or otherwise causing a risk.\n\t(2)\tThe person must ensure that there is a safe means of entry to and exit from the base of the lift well.\n\t(3)\tThe person must ensure that there is fixed, in a prominent place in the lift, a sign that states the safe working load specified in the design of the lift.\n237—Records of plant\n\t(1)\tThis regulation applies in relation to plant that is required to be registered under Chapter 5 Part 3.\n\t(2)\tThe person with management or control of the plant at a workplace must keep a record of all tests, inspections, maintenance, commissioning, decommissioning, dismantling and alterations of the plant for the period set out in subregulation (3).\n\t(3)\tThe record must be kept for the period that the plant is used or until the person relinquishes control of the plant.\n\t(4)\tThe person must keep the record available for inspection under the Act.\n\t(5)\tThe person must make the record available to any person to whom the person relinquishes control of the plant.\nSubdivision 2—Control measures for amusement devices and passenger ropeways\n238—Operation of amusement devices and passenger ropeways\n\t(1)\tThe person with management or control of an amusement device or passenger ropeway at a workplace must ensure that the device or ropeway is operated only by a person who has been provided with instruction and training in its proper operation.\n\t(2)\tThe person with management or control of an amusement device or passenger ropeway at a workplace must ensure that—\n\t(a)\tthe amusement device or passenger ropeway is checked before it is operated on each day on which it is to be operated; and\n\t(b)\tthe amusement device or passenger ropeway is operated without passengers before it is operated with passengers on each day on which it is to be operated; and\n\t(c)\tthe daily checks and operation of the amusement device or passenger ropeway without passengers are properly and accurately recorded in a log book for the device or ropeway.\n\t(a)\tin the case of an individual—$720;\n\t(b)\tin the case of a body corporate—$3 600.\n\t(3)\tThe reference in subregulation (1) to instruction and training in the proper operation of a device or ropeway includes a reference to instruction and training in carrying out the checks and operation required under subregulation (2)(a) and (b).\n239—Storage of amusement devices and passenger ropeways\n\t(1)\tThe person with management or control of an amusement device or passenger ropeway at a workplace must ensure that the device or ropeway is stored so as to be without risk to health and safety.\n\t(2)\tThe person with management or control of an amusement device or passenger ropeway at a workplace must ensure that a person who stores the device or ropeway is a competent person or is under the supervision of a competent person.\n240—Maintenance, inspection and testing of amusement devices and passenger ropeways\n\t(1)\tThe person with management or control of an amusement device or passenger ropeway at a workplace must ensure that the maintenance, inspection and, if necessary, testing of the device or ropeway is carried out—\n\t(a)\tby a competent person; and\n\t(b)\tin accordance with—\n\t(i)\tthe recommendations of the designer or manufacturer or designer and manufacturer; or\n\t(ii)\tif a maintenance manual for the device or ropeway has been prepared by a competent person, the requirements of the maintenance manual.\n\t(2)\tA person is not a competent person to carry out a detailed inspection of an amusement device or passenger ropeway that includes an electrical installation unless the person is qualified, or is assisted by a person who is qualified, to inspect electrical installations.\n241—Annual inspection of amusement devices and passenger ropeways\n\t(1)\tThe person with management or control of an amusement device or a passenger ropeway at a workplace must ensure that a detailed inspection of the device or ropeway is carried out at least once every 12 months by a competent person.\n\t(2)\tAn annual inspection must include the following:\n\t(a)\ta check of information about the operational history of the amusement device or passenger ropeway since the last detailed inspection;\n\t(b)\ta check of the log book for the amusement device or passenger ropeway;\n\t(c)\ta check that maintenance and inspections of the amusement device or passenger ropeway have been undertaken under regulation 240;\n\t(d)\ta check that any required tests have been carried out, and that appropriate records have been maintained;\n\t(e)\ta detailed inspection of the amusement device or passenger ropeway to ensure compliance with the Act and these regulations (including a specific inspection of the critical components of the amusement device or passenger ropeway).\n\t(3)\tThe regulator may extend the date for an inspection by up to 35 days if an inspection is scheduled to coincide with the same event each year.\n\t(4)\tIf the date is extended under subregulation (3), the new date is the date from which future annual inspections of the amusement device or passenger ropeway are determined.\n\t(5)\tIn this regulation, a competent person is a person who—\n\t(a)\tin the case of an inflatable device (continuously blown) with a platform height less than 9 metres—has acquired through training, qualification or experience the knowledge and skills to inspect the device; or\n\t(b)\tin the case of any other amusement device or a passenger ropeway—\n\t(i)\thas acquired through training, qualification or experience the knowledge and skills to inspect the plant; and\n\t(ii)\tis—\n\t(A)\tregistered, or eligible to be registered, on the National Professional Engineers Register administered by the Institution of Engineers, Australia; or\n\t(B)\ta member, or eligible to be a member, of the Institution of Engineers Australia with the status of Chartered Professional Engineer; or\n\t(c)\tin the case of any amusement device or passenger ropeway—is determined by the regulator to be a competent person.\n\t(6)\tThe regulator may, on the application of a person, make a determination in relation to the person for the purposes of subregulation (5)(c) if the regulator considers that exceptional circumstances exist.\n\t(7)\tAn annual inspection carried out under an equivalent provision of a corresponding WHS law is taken to be an annual inspection for the purposes of this regulation.\n242—Log book and manuals for amusement devices\n\t(1)\tThe person with management or control of an amusement device at a workplace, in addition to complying with the record‑keeping requirements of regulation 237, must ensure that—\n\t(a)\tthe log book for the amusement device records the details required under subregulation (1a); and\n\t(b)\tthe log book and operating and maintenance manuals for the amusement device are kept with the amusement device.\n\t(1a)\tThe log book for an amusement device must record—\n\t(a)\tfor each occasion on which the device is erected, details (including the date) of the erection; and\n\t(b)\tfor each occasion on which the device is stored, details of the storage; and\n\t(c)\tdetails of the maintenance of the device; and\n\t(d)\tfor each day on which the device is operated, the number of hours for which it is operated; and\n\t(e)\tthe total number of hours for which the device has ever been operated; and\n\t(f)\tdetails of any faults, or other matters relevant to the safety of the device, identified during its operation; and\n\t(g)\tthe following details for each person who operates the device:\n\t(i)\tthe person's name;\n\t(ii)\twhether the person has been provided with instruction and training in the proper operation of the device;\n\t(iii)\tfor each occasion on which instruction or training in the proper operation of the device is provided to the person—\n\t(A)\tthe date; and\n\t(B)\ta summary of the instruction or training; and\n\t(C)\tthe name and qualifications of the instructor or trainer; and\n\t(h)\tdetails of each statutory notice issued in relation to the device, including—\n\t(i)\tthe date on which the notice was issued; and\n\t(ii)\tthe reasons for issuing the notice; and\n\t(iii)\tany action taken in response to the notice; and\n\t(iv)\tfor a notice given under a corresponding WHS law—the location of the device when the notice was issued.\nSee also regulation 238(2)(c).\n\t(2)\tThe person with management or control of an amusement device at a workplace must ensure that persons involved in the commissioning, installation, use, storage and testing, and the decommissioning, dismantling and disposal, of an amusement device are given—\n\t(a)\tthe log book for the amusement device; and\n\t(b)\tthe operating and maintenance manuals for the amusement device.\n\t(3)\tThe person with management or control of an amusement device at a workplace must make the log book for the device available to any person to whom the person relinquishes control of the device.\n\t(b)\tIn the case of a body corporate—$6 000.\nstatutory notice means—\n\t(a)\tan improvement notice, prohibition notice or infringement notice; or\n\t(b)\tan improvement notice, prohibition notice or infringement notice under a corresponding WHS law.\nRegulation 237(5) requires the person with management or control of the amusement device to give the log book and maintenance records to the person being supplied with the plant.\nPart 3—Registration of plant designs and items of plant\nIn this Part, plant includes a structure (see definition of plant in regulation 5).\nDivision 1—Plant designs to be registered\n243—Plant design to be registered\nThe design of an item of plant specified in Part 1 of Schedule 5 must be registered under this Part.\n244—Altered plant designs to be registered\n\t(1)\tIf the design of an item of plant specified in Part 1 of Schedule 5 that is registered under this Part is altered, the altered design must be registered under this Part.\n\t(2)\tIn this regulation a reference to the alteration of a design is a reference to an alteration that may affect health or safety.\n\t(3)\tThis regulation does not apply in relation to a tower crane or a gantry crane if—\n\t(a)\tthe crane is relocated for use in a different workplace; and\n\t(b)\tthe design of the supporting structure or foundations of the crane is altered in accordance with a site‑specific design prepared for the purpose of the safe operation of the crane at the new location; and\n\t(c)\tthe design of the crane is not altered in any other way.\n245—Recognition of designs registered by corresponding regulator\n\t(1)\tA design of an item of plant is not required to be registered under this Part if the design is registered under a corresponding WHS law.\n\t(2)\tA design referred to in subregulation (1) that is altered is not required to be registered under this Part if the altered design is registered by the corresponding regulator that registered the original design.\nDivision 2—Items of plant to be registered\n246—Items of plant to be registered\n\t(1)\tAn item of plant specified in Part 2 of Schedule 5 must be registered under this Part.\n\t(2)\tThe purpose of registering an item of plant is to ensure that it is inspected by a competent person and is safe to operate.\n247—Recognition of plant registered by corresponding regulator\nAn item of plant is not required to be registered under this Part if the plant is registered under a corresponding WHS law.\nDivision 3—Registration process for plant designs\n248—Application of Division 3\nThis Division applies to the registration of a design of an item of plant specified in Part 1 of Schedule 5.\n249—Who can apply to register a plant design\n\t(1)\tA person conducting a business or undertaking that designs an item of plant may apply to the regulator for the registration of the design of that item of plant.\n\t(2)\tA person with management or control of an item of plant at a workplace may apply to the regulator for the registration of the design of that item of plant.\n250—Application for registration\n\t(1)\tAn application for registration of the design of an item of plant must be made in the manner and form required by the regulator.\n\t(b)\twhether or not the applicant is a body corporate;\n\t(c)\tif the applicant conducts the business or undertaking under a business name—that business name and a certificate or other written evidence of the registration of the business name;\n\t(e)\ta statement signed by the designer of the item of plant—\n\t(i)\tstating that the designer has complied with the designer's obligations under section 22 of the Act in relation to the design; and\n\t(ii)\tspecifying the published technical standards and engineering principles used in the design; and\n\t(f)\ta design verification statement that accords with regulation 251;\n\t(g)\trepresentational drawings of the design;\n\t(h)\ta declaration that the applicant does not hold an equivalent registration under a corresponding WHS law.\nSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n\t(3)\tAny drawings or other documents provided with the application must be capable of being kept in an electronic form.\n\t(4)\tThe application must be accompanied by the relevant fee.\n251—Design verification statement\nThe design verification statement must—\n\t(a)\tbe written and signed by a person who is eligible to be a design verifier for the design; and\n\t(b)\tstate that the design was produced in accordance with published technical standards or engineering principles specified in the statement; and\n\t(c)\tinclude—\n\t(i)\tthe name, business address and qualifications (if applicable) of the design verifier; and\n\t(ii)\tif applicable, the name and business address of the organisation for which the design verifier works.\n252—Who can be the design verifier\n\t(1)\tA person is eligible to be a design verifier for the design of an item of plant if the person is a competent person.\n\t(2)\tDespite subregulation (1), a person is not eligible to be a design verifier for the design of an item of plant if the person was involved in the production of the design.\n253—Duty of design verifier\nA design verifier of the design of an item of plant specified in Part 1 of Schedule 5 must document the design verification process carried out by that person and the results of that process.\n254—Design verification statements not to be made in certain circumstances\nA person must not make a design verification statement for the design of an item of plant specified in Part 1 of Schedule 5 if the person—\n\t(a)\tis not eligible to be a design verifier for that design; or\n\t(b)\thas not carried out a verification of the design.\n255—Additional information\n\t(1)\tIf an application for registration of a design of an item of plant does not contain enough information to enable the regulator to make a decision whether or not to grant the registration, the regulator may ask the applicant to provide additional information.\n\t(a)\tspecify the date (not being less than 28 days after the request) by which the additional information is to be given; and\n\t(3)\tIf an applicant does not provide the additional information by the date specified, the application is taken to have been withdrawn.\n256—Decision on application\n\t(1)\tSubject to subregulation (3), the regulator must grant the registration if satisfied about the matters referred to in subregulation (2).\n\t(a)\tthe application has been made in accordance with this Division;\n\t(b)\tthe design is not registered under a corresponding WHS law;\n\t(c)\tif the applicant is an individual, the applicant—\n\t(ii)\tresides outside this State and satisfies the regulator that circumstances exist that justify the grant of the registration;\n\t(d)\tif the applicant is a body corporate, the applicant's registered office—\n\t(ii)\tis located outside this State and the applicant has satisfied the regulator that circumstances exist that justify the grant of the registration;\n\t(e)\tthe applicant is able to ensure compliance with any conditions that will apply to the registration.\n\t(3)\tThe regulator must refuse to grant a registration if satisfied that, in making the application, the applicant has—\n\t(4)\tIf the regulator decides to grant the registration, it must notify the applicant within 14 days after making the decision.\n\t(5)\tIf the regulator does not make a decision within 120 days after receiving the application or the additional information requested under regulation 255, the regulator is taken to have refused to grant the registration applied for.\nA refusal to grant a registration (including under subregulation (5)) is a reviewable decision (see regulation 676).\n257—Refusal of registration—process\n\t(1)\tIf the regulator proposes to refuse to grant a registration, the regulator must give the applicant a written notice—\n\t(b)\tadvising the applicant that the applicant may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.\n\t(a)\tif the applicant has made a submission in relation to the proposed refusal to grant the registration—consider that submission; and\n\t(b)\twhether or not the applicant has made a submission—decide whether to grant or refuse to grant the registration; and\n\t(c)\twithin 14 days after making that decision, give the applicant written notice of the decision, including the reasons for the decision.\nA refusal to grant a registration is a reviewable decision (see regulation 676).\n258—Conditions of registration\n\t(1)\tThe regulator may impose any conditions it considers appropriate on the registration of a plant design.\n\t(a)\tthe use and maintenance of plant manufactured to the design;\n\t(c)\tthe provision of information to the regulator.\n1\tA person must comply with the conditions of registration (see section 45 of the Act).\n2\tA decision to impose a condition on a registration is a reviewable decision (see regulation 676).\n259—Duration of registration of plant design\nA registration of a plant design takes effect on the day it is granted and is granted for an unlimited duration.\n260—Plant design registration number\n\t(1)\tThis regulation applies if the regulator registers a design of an item of plant.\n\t(2)\tThe regulator must issue a plant design registration number for the design to the applicant.\n\t(3)\tThe person to whom the plant design registration number is issued must give the registration number to the manufacturer, importer or supplier of plant manufactured to that design.\n\t(4)\tThe manufacturer, supplier or importer of plant to whom a plant design registration number is given under this regulation must give that number to the person with management or control of the plant—\n\t(a)\tmanufactured to that design; or\n\t(b)\tsupplied to that person by the manufacturer, supplier or importer.\n\t(5)\tThe person with management or control of plant at a workplace for which a plant design is registered must ensure that the design registration number is kept readily accessible in the vicinity of the plant at all times.\n261—Registration document\n\t(1)\tIf the regulator registers a design of an item of plant, the regulator must issue to the applicant a registration document in the form determined by the regulator.\n\t(2)\tThe registration document must include the following:\n\t(a)\tthe name of the registration holder;\n\t(b)\tif the registration holder conducts the business or undertaking under a business name, that business name;\n\t(c)\tthe registration number of the plant design;\n\t(d)\tany conditions imposed on the registration by the regulator;\n\t(e)\tthe date on which the registration was granted.\n262—Registration document to be available\n\t(1)\tA registration holder must keep the registration document available for inspection under the Act.\n\t(2)\tSubregulation (1) does not apply if the registration document is not in the registration holder's possession because—\n\t(a)\tit has been returned to the regulator under regulation 287; or\n\t(b)\tthe registration holder has applied for but has not received, a replacement registration document under regulation 288.\n263—Disclosure of design information\n\t(1)\tSubject to this regulation, the regulator must not disclose to any person any confidential information provided by an applicant for registration of a design of an item of plant.\n\t(2)\tThe regulator may disclose information about a plant design in either of the following circumstances:\n\t(a)\tto a corresponding regulator or an authorised officer of a corresponding regulator, at the request of the corresponding regulator;\n\t(b)\tto any person authorised by the applicant for the registration of the design.\n\t(3)\tThe regulator may give a copy of the design verification statement to—\n\t(a)\tworkers engaged by the person with management or control at a workplace of plant manufactured to the design; or\n\t(b)\ta health and safety representative of those workers.\n\t(4)\tThe regulator may provide the person with management or control of plant with the minimum information about the plant design that is necessary for the safe operation of the plant if the registration holder for the design of the plant cannot be located or no longer exists.\nDivision 4—Registration process for an item of plant\n264—Application of Division 4\nThis Division applies in relation to the registration of an item of plant specified in Part 2 of Schedule 5 as requiring registration.\n265—Who can apply to register an item of plant\nA person with management or control of an item of plant may apply to the regulator for the registration of that item of plant.\n266—Application for registration\n\t(1)\tAn application for registration of an item of plant must be made in the manner and form required by the regulator.\n\t(b)\twhether or not the applicant is a body corporate;\n\t(c)\tif the applicant conducts the business or undertaking under a business name—that business name and a certificate or other written evidence of the registration of the business name;\n\t(e)\tsufficient information to clearly identify the item of plant;\n\t(g)\tif the design of the item of plant was also required to be registered under this Part, details of—\n\t(i)\tthe plant design registration number; and\n\t(ii)\tthe regulator or corresponding regulator that registered the design;\n\t(h)\ta statement that the item of plant has been inspected by a competent person and assessed by that person as being safe to operate;\n\t(i)\tthe date that the item of plant was first commissioned or was first registered, if known, whichever occurred first;\n\t(j)\ta declaration that the applicant does not hold an equivalent registration under a corresponding WHS law.\nSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n267—When is a person competent to inspect plant\nA person is a competent person to inspect an item of plant for registration if the person has—\n\t(a)\teducational or vocational qualifications in an engineering discipline relevant to the plant to be inspected; or\n\t(b)\tknowledge of the technical standards relevant to the plant to be inspected.\n268—Additional information\n\t(1)\tIf an application for registration of an item of plant does not contain enough information to enable the regulator to make a decision whether or not to grant the registration, the regulator may ask the applicant to provide additional information.\n\t(a)\tspecify the date (not being less than 28 days after the request) by which the additional information is to be given; and\n\t(3)\tIf an applicant does not provide the additional information by the date specified, the application is taken to have been withdrawn.\n269—Decision on application\n\t(1)\tSubject to subregulation (3), the regulator must grant the registration if satisfied about the matters referred to in subregulation (2).\n\t(a)\tthe application has been made in accordance with this Division;\n\t(b)\tthe item of plant is not registered under a corresponding WHS law;\n\t(c)\tthe item of plant is—\n\t(i)\tlocated in this State; or\n\t(ii)\tlocated outside this State and the regulator is satisfied that circumstances exist that justify the grant of the registration;\n\t(d)\tif the applicant is an individual, the applicant—\n\t(ii)\tresides outside this State and satisfies the regulator that circumstances exist that justify the grant of the registration;\n\t(e)\tif the applicant is a body corporate, the applicant's registered office—\n\t(ii)\tis located outside this State and the applicant has satisfied the regulator that circumstances exist that justify the grant of the registration;\n\t(f)\tthe applicant is able to ensure compliance with any conditions that will apply to the registration.\n\t(3)\tThe regulator must refuse to grant a registration if satisfied that, in making the application, the applicant has—\n\t(4)\tIf the regulator decides to grant the registration, it must notify the applicant within 14 days after making the decision.\n\t(5)\tIf the regulator does not make a decision within 120 days after receiving the application or additional information requested under regulation 268, the regulator is taken to have refused to grant the registration applied for.\nA refusal to grant a registration (including under subregulation (5)) is a reviewable decision (see regulation 676).\n270—Refusal of registration—process\n\t(1)\tIf the regulator proposes to refuse to grant a registration, the regulator must give the applicant a written notice—\n\t(b)\tadvising the applicant that the applicant may, by a specified date, (being not less than 28 days after giving the notice) make a submission to the regulator in relation to the proposed refusal.\n\t(a)\tif the applicant has made a submission in relation to the proposed refusal to grant the registration—consider that submission; and\n\t(b)\twhether or not the applicant has made a submission—decide whether to grant or refuse to grant the registration; and\n\t(c)\twithin 14 days after making that decision—give the applicant written notice of the decision, including the reasons for the decision.\nA refusal to grant a registration is a reviewable decision (see regulation 676).\n271—Conditions of registration\n\t(1)\tThe regulator may impose any conditions it considers appropriate on the registration of an item of plant.\n\t(a)\tthe use and maintenance of the item of plant;\n\t(c)\tthe provision of information to the regulator.\n1\tA person must comply with the conditions of registration (see section 45 of the Act).\n2\tA decision to impose a condition on a registration is a reviewable decision (see regulation 676).\n272—Duration of registration\nA registration of an item of plant takes effect on the day it is granted and expires 5 years after that day.\n273—Plant registration number\n\t(1)\tThis regulation applies if the regulator registers an item of plant.\n\t(2)\tThe regulator must issue a plant registration number for the plant to the registration holder within 14 days after that registration.\n\t(3)\tThe registration holder must give the plant registration number to the person with management or control of the plant at a workplace as soon as practicable after being issued with the number under subregulation (2).\n\t(4)\tThe person with management or control of the plant at a workplace must ensure that the plant registration number is marked on or near the item of plant.\n274—Registration document\n\t(1)\tIf the regulator registers an item of plant, the regulator must issue to the applicant within 14 days a registration document in the form determined by the regulator.\n\t(2)\tThe registration document must include the following:\n\t(a)\tthe name of the registration holder;\n\t(b)\tif the registration holder conducts the business or undertaking under a business name, that business name;\n\t(c)\tthe registration number for the item of plant;\n\t(d)\tany conditions imposed on the registration by the regulator;\n\t(e)\tthe date on which the plant was first commissioned or first registered, whichever occurred first;\n\t(f)\tthe date on which the registration was granted;\n\t(g)\tthe expiry date of the registration.\n275—Registration document to be available\n\t(1)\tThe holder of the registration of an item of plant must keep the registration document available for inspection under the Act.\n\t(2)\tSubregulation (1) does not apply if the registration document is not in the registration holder's possession because—\n\t(a)\tit has been returned to the regulator under regulation 287; or\n\t(b)\tthe registration holder has applied for, but has not received, a replacement registration document under regulation 288.\n276—Regulator may renew registration\nThe regulator may, on application, renew the registration of an item of plant.\n277—Application for renewal\n\t(1)\tAn application for renewal of a registration of an item of plant must be made in the manner and form required by the regulator.\n\t(b)\tany other evidence of identity required by the regulator;\n\t(c)\tif the applicant conducts the business or undertaking under a business name, that business name and a certificate or other written evidence of the registration of the business name;\n\t(d)\tthe registration number of the item of plant;\n\t(e)\ta declaration that the item of plant has been maintained, inspected and tested in accordance with regulation 213.\nSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n\t(4)\tThe application must be made before the expiry of the registration.\n278—Registration continues in force until application is decided\nIf a registration holder applies under regulation 277 for the renewal of a registration, the registration is taken to continue in force from the day it would, apart from this regulation, have ended until the registration holder is given notice of the decision on the application.\n279—Decision on application\n\t(1)\tThe regulator must renew the registration of an item of plant if the regulator is satisfied that—\n\t(a)\tthe application for renewal has been made in accordance with this Division; and\n\t(b)\tthe plant has been maintained, inspected and tested in accordance with regulation 213.\n\t(2)\tFor the purposes of this Division—\n\t(a)\tregulation 268 applies as if a reference in that regulation to an application for registration were a reference to an application to renew registration; and\n\t(b)\tregulations 269 (except subregulation (5)), 271 and 272 apply as if a reference in those regulations to the grant of a registration were a reference to the renewal of a registration; and\n\t(c)\tregulation 270 applies as if a reference in that regulation to a refusal to grant a registration were a reference to a refusal to renew a registration.\nA refusal to renew a registration is a reviewable decision (see regulation 676).\n280—Status of registration during review\n\t(1)\tIf the regulator gives the registration holder written notice of a decision to refuse to renew the registration, the registration continues to have effect in accordance with this regulation.\n\t(2)\tIf the registration holder does not apply for internal review, the registration continues to have effect until the last of the following events:\n\t(a)\tthe expiry of the registration;\n\t(b)\tthe end of the period for applying for an internal review.\n\t(3)\tIf the registration holder applies for an internal review, the registration continues to have effect until the earlier of the following events:\n\t(a)\tthe registration holder withdraws the application for review;\n\t(4)\tIf the registration holder does not apply for an external review, the registration continues to have effect until the end of the time for applying for an external review.\n\t(5)\tIf the registration holder applies for an external review, the registration continues to have effect until the earlier of the following events:\n\t(a)\tthe registration holder withdraws the application for review;\n\t(6)\tThe registration continues to have effect under this regulation even if its expiry date passes.\nDivision 5—Changes to registration and registration documents\n281—Application of Division\nThis Division applies to—\n\t(a)\tthe registration of a design of an item of plant; and\n\t(b)\tthe registration of an item of plant.\n282—Changes to information\n\t(1)\tA registration holder must give the regulator written notice of any change to—\n\t(a)\tthe registration holder's name; or\n\t(b)\tany of the information referred to in regulations 250, 255(1), 266 or 268(1) within 14 days after the registration holder becomes aware of the change.\n\t(2)\tSubregulation (1) applies whether the information was given in the application for grant of the registration or in any other circumstance.\n\t(3)\tWithout limiting subregulation (1), a registration holder for an item of plant must give written notice to the regulator if—\n\t(a)\tthe item of plant is altered to an extent or in a way that requires the plant to be subject to new control measures; or\n\t(b)\tthe item of plant is usually fixed and is relocated; or\n\t(c)\tthe registration holder no longer has management or control of the item of plant.\n283—Amendment of registration imposed by regulator\n\t(1)\tThe regulator may, on its own initiative, amend a registration, including by amending the registration to—\n\t(a)\tvary or delete a condition of the registration; or\n\t(b)\timpose a new condition on the registration.\n\t(2)\tBefore amending a registration, the regulator must give the registration holder written notice—\n\t(a)\tsetting out the proposed amendment and the reasons for it; and\n\t(b)\tadvising the registration holder that the registration holder may make a submission to the regulator in relation to the proposed amendment within a specified period (being not less than 28 days from the date of the notice).\n\t(3)\tAfter the date specified in the notice under subregulation (2), the regulator must—\n\t(a)\tif the registration holder has made a submission in relation to the proposed amendment—consider that submission; and\n\t(iii)\tto make a different amendment that results from consideration of any submission made by the registration holder; and\n\t(c)\twithin 14 days after making that decision, give the registration holder a written notice that—\n\t(i)\tsets out the amendment, if any, or states that no amendment is to be made; and\n\t(ii)\tif a submission was made in relation to the proposed amendment—sets out the regulator's reasons for making the amendment; and\n\t(iii)\tspecifies the date (being not less than 28 days after the registration holder is given the notice) on which the amendment, if any, takes effect.\nA decision to amend a registration is a reviewable decision (see regulation 676).\n284—Amendment on application by registration holder\n\t(1)\tThe regulator, on application by the registration holder, may amend a registration, including by amending the registration to vary or delete a condition of the registration.\n\t(2)\tIf the regulator proposes to refuse to amend the registration, the regulator must give the registration holder a written notice—\n\t(a)\tinforming the registration holder of the proposed refusal to amend the registration and the reasons for the proposed refusal; and\n\t(b)\tadvising the registration holder that the registration holder may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.\n\t(a)\tif the registration holder has made a submission in relation to the proposed refusal—consider that submission; and\n\t(iii)\tto make a different amendment that results from consideration of any submission made by the registration holder; and\n\t(c)\twithin 14 days after making that decision, give the registration holder written notice of the decision in accordance with this regulation.\n\t(4)\tIf the regulator makes the amendment applied for, the notice under subregulation (3)(c) must specify the date (being not less than 28 days after the registration holder is given the notice) on which the amendment takes effect.\n\t(5)\tIf the regulator refuses to make the amendment or makes a different amendment, the notice under subregulation (3)(c) must—\n\t(a)\tif a submission was made in relation to the proposed refusal of the amendment—set out the reasons for the regulator's decision; and\n\t(ii)\tspecify the date (being not less than 28 days after the registration holder is given the notice) on which the amendment takes effect.\nA refusal to make the amendment applied for, or a decision to make a different amendment, is a reviewable decision (see regulation 676).\n285—Minor corrections to registration\nThe regulator may make minor amendments to a registration, including an amendment—\n\t(c)\tthat does not impose a significant burden on the registration holder.\n286—Regulator to give amended registration document\nIf the regulator amends a registration and considers that the registration document requires amendment, the regulator must give the registration holder an amended registration document within 14 days after making the decision to amend the registration.\n287—Registration holder to return registration document\nA registration holder must return the registration document to the regulator for amendment at the written request of the regulator within the time specified in the request.\n288—Replacement registration document\n\t(1)\tA registration holder must notify the regulator as soon as practicable if the registration document is lost, stolen or destroyed.\n\t(2)\tIf a registration document is lost, stolen or destroyed, the registration holder may apply to the regulator for a replacement document.\nA registration holder is required to keep a registration document available for inspection (see regulation 275).\n\t(3)\tAn application for a replacement registration document must be made in the manner and form required by the regulator.\nSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n\t(5)\tThe regulator must issue a replacement registration document if satisfied that the original document was lost, stolen or destroyed.\n\t(6)\tIf the regulator refuses to issue a replacement registration document, it must give the registration holder written notice of this decision, including the reasons for the decision within 14 days of making the decision.\nA refusal to issue a replacement registration document is a reviewable decision (see regulation 676).\nDivision 6—Cancellation of registration\n288A—Application of Division\nThis Division applies to—\n\t(a)\tthe registration of a design of an item of plant; and\n\t(b)\tthe registration of an item of plant.\n288B—Regulator may cancel registration\nThe regulator may cancel a registration if satisfied that—\n\t(a)\tin making the application, the applicant—\n\t(i)\tgave information that is false or misleading in a material particular; or\n\t(ii)\tfailed to give any material information that should have been given; or\n\t(b)\tthe design of the item of plant, or the item of plant (as applicable), is unsafe.\nA decision to cancel a registration is a reviewable decision (see regulation 676).\n288C—Cancellation process\n\t(1)\tBefore cancelling a registration, the regulator must give the registration holder written notice—\n\t(a)\tsetting out the proposal to cancel the registration and the reasons for it; and\n\t(b)\tadvising the registration holder that the registration holder may make a submission to the regulator in relation to the proposed cancellation within a specified period (being not less than 28 days from the date of the notice).\n\t(a)\tif the registration holder has made a submission in relation to the proposed cancellation—consider that submission; and\n\t(i)\tto cancel the registration; or\n\t(ii)\tnot to cancel the registration; and\n\t(c)\twithin 14 days after making that decision, give the registration holder written notice that—\n\t(i)\tstates whether or not the registration is cancelled; and\n\t(ii)\tif a submission was made in relation to the proposed cancellation—sets out the regulator's reasons for cancelling the registration; and\n\t(iii)\tspecifies the date (being not less than the 28 days after the registration holder is given the notice) on which the cancellation, if any, takes effect.\nA decision to cancel a registration is a reviewable decision (see regulation 676).\n288D—Registration holder to return registration document\nA registration holder who receives a cancellation notice under regulation 288C must return the registration document to the regulator at the written request of the regulator within the time specified in the request.\nChapter 6—Construction work\n289—Meaning of construction work\nconstruction work means any work carried out in connection with the construction, alteration, conversion, fitting‑out, commissioning, renovation, repair, maintenance, refurbishment, demolition, decommissioning or dismantling of a structure.\n\t(2)\tWithout limiting subregulation (1), construction work includes the following:\n\t(a)\tany installation or testing carried out in connection with an activity referred to in subregulation (1);\n\t(b)\tthe removal from the workplace of any product or waste resulting from demolition;\n\t(c)\tthe prefabrication or testing of elements, at a place specifically established for the construction work, for use in construction work;\n\t(d)\tthe assembly of prefabricated elements to form a structure, or the disassembly of prefabricated elements forming part of a structure;\n\t(e)\tthe installation, testing or maintenance of an essential service in relation to a structure;\n\t(f)\tany work connected with an excavation;\n\t(g)\tany work connected with any preparatory work or site preparation (including landscaping as part of site preparation) carried out in connection with an activity referred to in subregulation (1);\n\t(h)\tan activity referred to in subregulation (1), that is carried out on, under or near water, including work on buoys and obstructions to navigation.\n\t(3)\tIn this Chapter—\nconstruction work does not include any of the following:\n\t(a)\tthe manufacture of plant;\n\t(b)\tthe prefabrication of elements, other than at a place specifically established for the construction work, for use in construction work;\n\t(c)\tthe construction or assembly of a structure that once constructed or assembled is intended to be transported to another place;\n\t(d)\ttesting, maintenance or repair work of a minor nature carried out in connection with a structure;\n\t(e)\tmining or the exploration for or extraction of minerals.\n290—Meaning of structure\nstructure has the same meaning as it has in the Act.\nA roadway or pathway.\nA ship or submarine.\nFoundations, earth retention works and other earthworks, including river works and sea defence works.\nFormwork, falsework or any other structure designed or used to provide support, access or containment during construction work.\nAn airfield.\nA dock, harbour, channel, bridge, viaduct, lagoon or dam.\nA sewer or sewerage or drainage works.\n\t(2)\tThis Chapter does not apply to plant unless—\n\t(a)\tthe plant is—\n\t(i)\ta ship or submarine; or\n\t(ii)\ta pipe or pipeline; or\n\t(iii)\tan underground tank; or\n\t(iv)\tdesigned or used to provide support, access or containment during work in connection with construction work; or\n\t(b)\twork on the plant relates to work that is carried out in connection with construction work; or\n\t(c)\tthe plant is fixed plant on which outage work or overhaul work that involves or may involve work being carried out by 5 or more persons conducting businesses or undertakings at any point in time.\nThis Chapter does not apply to the manufacture of plant (see paragraph (a) of the definition of construction work in regulation 289(3)).\n291—Meaning of high risk construction work\nIn this Chapter—\nhigh risk construction work means construction work that—\n\t(a)\tinvolves a risk of a person falling more than 3 metres; or\n\t(b)\tis carried out on a telecommunication tower; or\n\t(c)\tinvolves demolition of an element of a structure that is load‑bearing or otherwise related to the physical integrity of the structure; or\n\t(d)\tinvolves, or is likely to involve, the disturbance of asbestos; or\n\t(e)\tinvolves structural alterations or repairs that require temporary support to prevent collapse; or\n\t(f)\tis carried out in or near a confined space; or\n\t(g)\tis carried out in or near—\n\t(i)\ta shaft or trench with an excavated depth greater than 1.5 metres; or\n\t(ii)\ta tunnel; or\n\t(h)\tinvolves the use of explosives; or\n\t(i)\tis carried out on or near pressurised gas distribution mains or piping; or\n\t(j)\tis carried out on or near chemical, fuel or refrigerant lines; or\n\t(k)\tis carried out on or near energised electrical installations or services; or\n\t(l)\tis carried out in an area that may have a contaminated or flammable atmosphere; or\n\t(m)\tinvolves tilt‑up or precast concrete; or\n\t(n)\tis carried out on, in or adjacent to a road, railway, shipping lane or other traffic corridor that is in use by traffic other than pedestrians; or\n\t(o)\tis carried out in an area at a workplace in which there is any movement of powered mobile plant; or\n\t(p)\tis carried out in an area in which there are artificial extremes of temperature; or\n\t(q)\tis carried out in or near water or other liquid that involves a risk of drowning; or\n\t(r)\tinvolves diving work.\n292—Meaning of construction project\nIn this Chapter, a construction project is a project that involves construction work where the cost of the construction work is $450 000 or more.\n293—Meaning of principal contractor\n\t(1)\tIn this Chapter, a person conducting a business or undertaking that commissions a construction project is, subject to this regulation, the principal contractor for the project.\n\t(2)\tIf the person referred to in subregulation (1) engages another person conducting a business or undertaking as principal contractor for the construction project and authorises the person to have management or control of the workplace and to discharge the duties of a principal contractor under this Chapter, the person so engaged is the principal contractor for the project.\n\t(3)\tIf the owner of residential premises is an individual who directly or indirectly engages a person conducting a business or undertaking to undertake a construction project in relation to the premises, the person so engaged is the principal contractor for the project if the person has management or control of the workplace.\n\t(4)\tA construction project has only one principal contractor at any specific time.\nA person with management or control of a workplace must comply with section 20 of the Act.\nPart 2—Duties of designer of structure and person who commissions construction work\n294—Person who commissions work must consult with designer\n\t(1)\tA person conducting a business or undertaking that commissions construction work in relation to a structure must, so far as is reasonably practicable, consult with the designer of the whole or any part of the structure about how to ensure that risks to health and safety arising from the design during the construction work are—\n\t(a)\teliminated, so far as is reasonably practicable; or\n\t(b)\tif it is not reasonably practicable to eliminate the risks, minimised so far as is reasonably practicable.\n\t(2)\tConsultation must include giving the designer any information that the person who commissions the construction work has in relation to the hazards and risks at the workplace where the construction work is to be carried out.\n295—Designer must give safety report to person who commissions design\n\t(1)\tThe designer of a structure or any part of a structure that is to be constructed must give the person conducting a business or undertaking who commissioned the design a written report that specifies the hazards relating to the design of the structure that, so far as the designer is reasonably aware—\n\t(a)\tcreate a risk to the health or safety of persons who are to carry out any construction work on the structure or part; and\n\t(b)\tare associated only with the particular design and not with other designs of the same type of structure.\n\t(2)\tIf the person conducting a business or undertaking who commissions a construction project did not commission the design of the construction project, the person must take all reasonable steps to obtain a copy of the written report referred to in subregulation (1) in relation to that design.\n296—Person who commissions project must give information to principal contractor\nIf a person conducting a business or undertaking that commissions a construction project engages a principal contractor for the project, the person must give the principal contractor any information the person has in relation to hazards and risks at or in the vicinity of the workplace where the construction work is to be carried out.\nPart 3—Duties of person conducting business or undertaking\nAs a principal contractor is a person conducting a business or undertaking, this Part also applies to a principal contractor.\n297—Management of risks to health and safety\nA person conducting a business or undertaking must manage risks associated with the carrying out of construction work in accordance with Chapter 3 Part 1.\n298—Security of workplace\n\t(1)\tA person with management or control of a workplace at which construction work is carried out must ensure, so far as is reasonably practicable, that the workplace is secured from unauthorised access.\n\t(2)\tIn complying with subregulation (1), the person must have regard to all relevant matters including—\n\t(a)\trisks to health and safety arising from unauthorised access to the workplace; and\n\t(b)\tthe likelihood of unauthorised access occurring; and\nThe proximity of the workplace to places frequented by children, including schools, parks and shopping precincts.\n\t(c)\tto the extent that unauthorised access to the workplace cannot be prevented—how to isolate hazards within the workplace.\nDivision 2—High risk construction work—safe work method statements\n299—Safe work method statement required for high risk construction work\n\t(1)\tA person conducting a business or undertaking that includes the carrying out of high risk construction work must, before high risk construction work commences, ensure that a safe work method statement for the proposed work—\n\t(a)\tis prepared; or\n\t(b)\thas already been prepared by another person.\n\t(2)\tA safe work method statement must—\n\t(a)\tidentify the work that is high risk construction work; and\n\t(b)\tspecify hazards relating to the high risk construction work and risks to health and safety associated with those hazards; and\n\t(c)\tdescribe the measures to be implemented to control the risks; and\n\t(d)\tdescribe how the control measures are to be implemented, monitored and reviewed.\n\t(3)\tA safe work method statement must—\n\t(a)\tbe prepared taking into account all relevant matters including—\n\t(i)\tcircumstances at the workplace that may affect the way in which the high risk construction work is carried out; and\n\t(ii)\tif the high risk construction work is carried out in connection with a construction project—the WHS management plan that has been prepared for the workplace; and\n\t(b)\tbe set out and expressed in a way that is readily accessible and understandable to persons who use it.\n300—Compliance with safe work method statement\n\t(1)\tA person conducting a business or undertaking that includes the carrying out of high risk construction work must put in place arrangements for ensuring that high risk construction work is carried out in accordance with the safe work method statement for the work.\n\t(2)\tIf high risk construction work is not carried out in accordance with the safe work method statement for the work, the person must ensure that the work—\n\t(a)\tis stopped immediately or as soon as it is safe to do so; and\n\t(b)\tresumed only in accordance with the statement.\n301—Safe work method statement—copy to be given to principal contractor\nA person conducting a business or undertaking that includes carrying out high risk construction work in connection with a construction project must, before the high risk construction work commences, ensure that a copy of the safe work method statement for the work is given to the principal contractor.\n\t(a)\tIn the case of an individual—$432\n302—Review of safe work method statement\nA person conducting a business or undertaking must ensure that a safe work method statement is reviewed and as necessary revised if relevant control measures are revised under regulation 38.\n303—Safe work method statement must be kept\n\t(1)\tSubject to subregulation (2), a person conducting a business or undertaking must keep a copy of the safe work method statement until the high risk construction work to which it relates is completed.\n\t(2)\tIf a notifiable incident occurs in connection with the high risk construction work to which the statement relates, the person must keep the statement for at least 2 years after the incident occurs.\n\t(3)\tThe person must ensure that for the period for which the statement must be kept under this regulation, a copy is readily accessible to any worker engaged by the person to carry out the high risk construction work.\n\t(4)\tThe person must ensure that for the period for which the statement must be kept under this regulation, a copy is available for inspection under the Act.\nDivision 3—Excavation work\n304—Excavation work—underground essential services information\n\t(1)\tThis regulation applies in relation to a part of a workplace where excavation work is being carried out and any adjacent areas.\n\t(2)\tA person with management or control of the workplace must take all reasonable steps to obtain current underground essential services information about the areas referred to in subregulation (1) before directing or allowing the excavation work to commence.\n\t(3)\tThe person with management or control of the workplace must provide the information obtained under subregulation (2) to any person engaged by the person to carry out the excavation work.\n\t(4)\tThe person with management or control of the workplace and any person conducting a business or undertaking who is given information under subregulation (3) must have regard to the information referred to in subregulation (2) in carrying out or directing or allowing the carrying out of the excavation work.\nLegislation relating to the essential services may also impose duties on the person conducting the business or undertaking and the persons carrying out the work.\n\t(5)\tThe person with control or management of the workplace must ensure that the information referred to in subregulation (2) is available for inspection under the Act for the period specified in subregulation (6).\n\t(6)\tThe information must be available—\n\t(a)\tif a notifiable incident occurs in connection with the excavation work to which the information relates—for at least 2 years after the incident occurs; and\n\t(b)\tin every other case—until the excavation work is completed.\n\t(7)\tIn this regulation—\nunderground essential services means essential services that use pipes, cables or other associated plant located underground;\nunderground essential services information, in relation to proposed excavation work, means the following information about underground essential services that may be affected by the excavation:\n\t(a)\tthe essential services that may be affected;\n\t(b)\tthe location, including the depth, of any pipes, cables or other plant associated with the affected essential services;\n\t(c)\tany conditions on the proposed excavation work.\n305—Management of risks to health and safety associated with excavation work\n\t(1)\tA person conducting a business or undertaking must manage risks to health and safety associated with excavation work, in accordance with Chapter 3 Part 1.\n\t(2)\tThe risks this regulation applies to include the following:\n\t(a)\ta person falling into an excavation;\n\t(b)\ta person being trapped by the collapse of an excavation;\n\t(c)\ta person working in an excavation being struck by a falling thing;\n\t(d)\ta person working in an excavation being exposed to an airborne contaminant.\n\t(3)\tIn complying with subregulation (1), the person must have regard to all relevant matters including the following:\n\t(a)\tthe nature of the excavation;\n\t(b)\tthe nature of the excavation work, including the range of possible methods of carrying out the work;\n\t(c)\tthe means of entry into and exit from the excavation, if applicable.\n306—Additional controls—trenches\n\t(1)\tA person conducting a business or undertaking, who proposes to excavate a trench at least 1.5 metres deep must ensure, so far as is reasonably practicable, that the work area is secured from unauthorised access (including inadvertent entry).\n\t(2)\tIn complying with subregulation (1), the person must have regard to all relevant matters including—\n\t(a)\trisks to health and safety arising from unauthorised access to the work area; and\n\t(b)\tthe likelihood of unauthorised access occurring.\n\t(3)\tIn addition, the person must minimise the risk to any person arising from the collapse of the trench by ensuring that all sides of the trench are adequately supported by doing 1 or more of the following:\n\t(a)\tshoring by shielding or other comparable means;\n\t(b)\tbenching;\n\t(c)\tbattering.\n\t(4)\tSubregulation (3) does not apply if the person receives written advice from a geotechnical engineer that all sides of the trench are safe from collapse.\n\t(5)\tAn advice under subregulation (4)—\n\t(a)\tmay be subject to a condition that specified natural occurrences may create a risk of collapse; and\n\t(b)\tmust state the period of time to which the advice applies.\nPart 4—Additional duties of principal contractor\n307—Application of Chapter 6 Part 4\nThis Part—\n\t(a)\tapplies in relation to a construction project; and\n\t(b)\timposes duties on the principal contractor for the project that are additional to the duties imposed under Chapter 6 Part 3.\nAs a principal contractor has management or control of a workplace, the principal contractor is also subject to duties imposed by the Act and these regulations on a person with management or control of a workplace.\n308—Specific control measure—signage identifying principal contractor\n\t(1)\tThe principal contractor for a construction project must ensure that signs are installed, that—\n\t(a)\tshow the principal contractor's name and telephone contact numbers (including an after hours telephone number); and\n\t(b)\tshow the location of the site office for the project, if any; and\n\t(c)\tare clearly visible from outside the workplace, or the work area of the workplace, where the construction project is being undertaken.\n\t(2)\tSubregulation (1) operates in addition to the requirements of the Building Work Contractors Act 1995.\n309—WHS management plan—preparation\n\t(1)\tThe principal contractor for a construction project must prepare a written WHS management plan for the workplace before work on the project commences.\n\t(2)\tA WHS management plan must include the following:\n\t(a)\tthe names, positions and health and safety responsibilities of all persons at the workplace whose positions or roles involve specific health and safety responsibilities in connection with the project;\n\t(b)\tthe arrangements in place, between any persons conducting a business or undertaking at the workplace where the construction project is being undertaken, for consultation, co‑operation and the co‑ordination of activities in relation to compliance with their duties under the Act and these regulations;\n\t(c)\tthe arrangements in place for managing any work health and safety incidents that occur;\n\t(d)\tany site‑specific health and safety rules, and the arrangements for ensuring that all persons at the workplace are informed of these rules;\n\t(e)\tthe arrangements for the collection and any assessment, monitoring and review of safe work method statements at the workplace.\n310—WHS management plan—duty to inform\nThe principal contractor for a construction project must ensure, so far as is reasonably practicable, that each person who is to carry out construction work in connection with the project is, before commencing work, made aware of—\n\t(a)\tthe content of the WHS management plan for the workplace; and\n\t(b)\tthe person's right to inspect the WHS management plan under regulation 313.\n311—WHS management plan—review\n\t(1)\tThe principal contractor for a construction project must review and, as necessary, revise the WHS management plan to ensure that it remains up‑to‑date.\n\t(2)\tThe principal contractor for a construction project must ensure, so far as is reasonably practicable, that each person carrying out construction work in connection with the project is made aware of any revision to the WHS management plan.\n312—High risk construction work—safe work method statements\nThe principal contractor for a construction project must take all reasonable steps to obtain a copy of the safe work method statement relating to high risk construction work before the high risk construction work commences.\nThe WHS management plan contains arrangements for co‑operation between persons conducting a business or undertaking at the construction project workplace, including in relation to the preparation of safe work method statements (see regulation 309(2)(b) and (e)).\n313—Copy of WHS management plan must be kept\n\t(1)\tSubject to subregulation (2), the principal contractor for a construction project must ensure that a copy of the WHS management plan for the project is kept until the project to which it relates is completed.\n\t(2)\tIf a notifiable incident occurs in connection with the construction project to which the statement relates, the person must keep the WHS management plan for at least 2 years after the incident occurs.\n\t(3)\tThe person must ensure that, for the period for which the WHS management plan must be kept under this regulation, a copy is readily accessible to any person who is to carry out construction work in connection with the construction project.\n\t(4)\tThe person must ensure that for the period for which the WHS management plan must be kept under this regulation, a copy is available for inspection under the Act.\nWHS management plan means the initial plan and all revised versions of the plan.\n314—Further health and safety duties—specific regulations\nThe principal contractor for a construction project must put in place arrangements for ensuring compliance at the workplace with the following:\n\t(a)\tDivision 2 of Chapter 3 Part 2;\n\t(b)\tDivision 3 of Chapter 3 Part 2;\n\t(c)\tDivision 4 of Chapter 3 Part 2;\n\t(d)\tDivision 5 of Chapter 3 Part 2;\n\t(e)\tDivision 7 of Chapter 3 Part 2;\n\t(f)\tDivision 8 of Chapter 3 Part 2;\n\t(g)\tDivision 9 of Chapter 3 Part 2;\n\t(h)\tDivision 10 of Chapter 3 Part 2;\n\t(i)\tChapter 4 Part 4.\nAll persons conducting a business or undertaking at the construction project workplace have these same duties (see Chapter 3 Part 2 of these regulations and section 19 of the Act). Section 16 of the Act provides for situations in which more than 1 person has the same duty.\n315—Further health and safety duties—specific risks\nThe principal contractor for a construction project must in accordance with Chapter 3 Part 1 manage risks to health and safety associated with the following:\n\t(a)\tthe storage, movement and disposal of construction materials and waste at the workplace;\n\t(b)\tthe storage at the workplace of plant that is not in use;\n\t(c)\ttraffic in the vicinity of the workplace that may be affected by construction work carried out in connection with the construction project;\n\t(d)\tessential services at the workplace.\nPart 5—General construction induction training\nDivision 1—General construction induction training requirements\n316—Duty to provide general construction induction training\nA person conducting a business or undertaking must ensure that general construction induction training is provided to a worker engaged by the person who is to carry out construction work, if the worker—\n\t(a)\thas not successfully completed general construction induction training; or\n\t(b)\tsuccessfully completed general construction induction training more than 2 years previously and has not carried out construction work in the preceding 2 years.\n317—Duty to ensure worker has been trained\n\t(1)\tA person conducting a business or undertaking must not direct or allow a worker to carry out construction work unless—\n\t(a)\tthe worker has successfully completed general construction induction training; and\n\t(b)\tif the worker completed the training more than 2 years previously—the worker has carried out construction work in the preceding 2 years.\n\t(2)\tThe person conducting the business or undertaking must ensure that—\n\t(a)\tthe worker holds a general construction induction training card; or\n\t(b)\tif the worker has applied for but not yet been issued with a general construction induction training card, the worker holds a general construction induction training certification, issued within the preceding 60 days.\n318—Recognition of general construction induction training cards issued in other jurisdictions\n\t(1)\tIn this Part (other than Division 2), a reference to a general construction induction training card includes a reference to a similar card issued under a corresponding WHS law.\n\t(2)\tSubregulation (1) does not apply to a card that is cancelled in the corresponding jurisdiction.\nDivision 2—General construction induction training cards\n319—Issue of card\n\t(1)\tA person who has successfully completed general construction induction training in the State may apply to the regulator for a general construction induction training card.\n\t(2)\tThe application must be made in the manner and form required by the regulator.\n\t(3)\tThe application must include the following information:\n\t(a)\tthe applicant's name and any other evidence of the applicant's identity required by the regulator;\n\t(i)\ta general construction induction training certification issued to the applicant; or\n\t(ii)\ta written declaration by the person who provided the general construction induction training on behalf of the relevant RTO that the applicant has successfully completed general construction induction training.\n\t(4)\tThe application must be accompanied by the relevant fee.\n\t(5)\tThe application must be made—\n\t(a)\twithin 60 days after the issue of the general construction induction training certification; or\n\t(b)\tif the application is accompanied by a declaration referred to in subregulation (3)(b)(ii), at any time after completion of the general construction induction training.\n\t(6)\tThe regulator must issue a general construction induction training card to the applicant if—\n\t(a)\tthe application has been made in accordance with this regulation; and\n\t(b)\tthe regulator is satisfied that the applicant has successfully completed general construction induction training.\n\t(7)\tThe regulator must make a decision on the application as soon as practicable.\n\t(8)\tIf the regulator has not decided on the application within 60 days, the applicant is taken to hold a general construction induction training card until a decision is made.\n320—Content of card\nA general construction induction training card must—\n\t(a)\tstate the following:\n\t(i)\tthat the card holder has completed general construction induction training;\n\t(ii)\tthe name of the card holder;\n\t(iii)\tthe date on which the card was issued;\n\t(iv)\ta unique identifying number;\n\t(v)\tthe State in which the card was issued; and\n\t(b)\tcontain the card holder's signature.\n321—Replacement card\n\t(1)\tIf a general construction induction training card issued by the regulator is lost, stolen or destroyed, the card holder may apply to the regulator for a replacement card.\nA card holder is required to keep the card available for inspection under regulation 326.\n\t(2)\tAn application for a replacement general construction induction training card must be made in the manner and form required by the regulator.\n\t(3)\tThe application must—\n\t(a)\tinclude a declaration about the circumstances in which the card was lost, stolen or destroyed; and\nSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n\t(4)\tThe regulator may issue a replacement card if satisfied that the original general construction induction training card has been lost, stolen or destroyed.\n322—Refusal to issue or replace card\nThe regulator may refuse to issue a general construction induction training card or a replacement general construction induction training card if satisfied that the applicant—\n\t(a)\tgave information that was false or misleading in a material particular; or\n\t(b)\tfailed to give information that should have been given; or\n\t(c)\tproduced a general construction induction training certification that had been obtained on the basis of the giving of false or misleading information by any person or body.\nA decision to refuse to issue or replace a general construction induction training card is a reviewable decision (see regulation 676).\n323—Cancellation of card—grounds\nThe regulator may cancel a general construction induction training card issued by the regulator or an RTO if—\n\t(a)\tsatisfied that the card holder, when applying for the card—\n\t(ii)\tfailed to give information that should have been given; or\n\t(iii)\tproduced a general construction induction training certification that had been obtained on the basis of the giving of false or misleading information by any person or body; or\n\t(b)\tnot satisfied as to the adequacy of the training provided to the card holder.\nA decision to cancel a general construction induction training card is a reviewable decision (see regulation 676).\n324—Cancellation of card—process\n\t(1)\tThe regulator must, before cancelling a general construction induction training card, give the card holder—\n\t(a)\twritten notice of the proposed cancellation that outlines all relevant allegations, facts and circumstances known to the regulator; and\n\t(b)\ta reasonable opportunity to make submissions to the regulator in relation to the proposed cancellation.\n\t(2)\tOn cancelling a general construction induction training card, the regulator must give the card holder a written notice of its decision, stating—\n\t(a)\twhen the cancellation takes effect; and\n\t(b)\tthe reasons for the cancellation; and\n\t(c)\twhen the card must be returned to the regulator.\n325—RTO may enter agreement to issue cards\n\t(1)\tThe regulator may enter into an agreement with an RTO that empowers the RTO to exercise the functions and powers of the regulator under regulations 319, 321, 322 and 323 with any necessary alterations.\n\t(2)\tIf an RTO with whom the regulator has entered an agreement under this regulation exercises functions and powers of the regulator in accordance with the agreement, the exercise of those functions and powers has the same effect as if they had been exercised by the regulator.\n\t(3)\tWithout limiting subregulation (2)—\n\t(a)\ta decision of an RTO in exercising a function or power of the regulator in accordance with the agreement is taken to be a decision of the regulator; and\n\t(b)\ta general construction induction training card issued by the RTO is taken to have been issued by the regulator.\n\t(4)\tNothing in an agreement under this regulation prevents the regulator from exercising its functions and powers under this Division.\nDivision 3—Duties of workers\n326—Duties of workers\n\t(1)\tA worker carrying out construction work must keep available for inspection under the Act—\n\t(a)\this or her general construction induction training card; or\n\t(b)\tin the circumstances set out in regulation 319(5), a general induction training certification held by the worker, until a decision is made on the application for the general construction induction training card.\n\t(2)\tA card holder, on receiving a cancellation notice under regulation 324(2), must return the card in accordance with the notice.\n\t(3)\tSubregulation (1)(a) does not apply if the card is not in the possession of the worker (card holder) because—\n\t(a)\tit has been lost, stolen or destroyed; and\n\t(b)\tthe card holder has applied for, but has not received, a replacement card.\n327—Alteration of general construction induction training card\nA person who holds a general construction induction training card must not intentionally or recklessly alter the card.\nChapter 7—Hazardous chemicals\nPart 1—Hazardous chemicals\nMost of the obligations in this Part apply to persons conducting businesses or undertakings at a workplace. However, some obligations apply to persons in different capacities, for example importers and suppliers of hazardous chemicals.\nDivision 1—Application of Chapter 7 Part 1\n328—Application of Chapter 7 Part 1\n\t(1)\tThis Part applies to—\n\t(a)\tthe use, handling and storage of hazardous chemicals at a workplace and the generation of hazardous substances at a workplace; and\n\t(b)\ta pipeline used to convey a hazardous chemical.\n\t(2)\tThis Part does not apply to a pipeline—\n\t(a)\tthat forms part of a distribution system within the meaning of the Gas Act 1997; or\n\t(b)\tthat is a transmission pipeline, or part of a transmission pipeline, to which a pipeline licence under the Petroleum and Geothermal Energy Act 2000 relates; or\n\t(c)\tto which a pipeline licence under the Petroleum (Submerged Lands) Act 1982 relates.\n\t(3)\tThis Part applies to the handling or storage of dangerous goods listed in column 2 of table 328, other than at a workplace, if the quantity of the dangerous goods is more than the relevant threshold referred to in column 3 of the table.\n\nTable 328\nColumn 1\nItem\nColumn 2\nDangerous goods\nColumn 3\nThreshold quantities\nLiquefied Petroleum Gas (LP gas) (dangerous goods Class 2.1)\nIf the LP gas is stored in packages outside a building, and connected by piping to appliances within the building that contain the gas—500 L (water capacity)\nCompressed gas of Class 2.1 (excluding LP gas), Class 2.2 or compressed oxygen if:\n\t(a)\teach is in one or more containers in an aggregate capacity not exceeding 50 L; and\n\n\t(b)\tthe dangerous goods as a whole form part of a welding set or are used or intended to be used with a portable flame torch.\n\nCompressed oxygen or air that is used or intended to be used for medical purposes.\nDangerous goods Class 3\n250 L\nPool Chlorine and spa sanitising agents\nSodium Hypochlorite designated by UN Number 1791 \n100 L\nDangerous goods Class 9\nDangerous goods Packing Group 1\n5 kg or L\nC1 combustible liquids\n1000 L\nDangerous goods Class 2.3\nNil kg or L\nAny dangerous goods other than those stated above \n\t(4)\tThis Part does not apply to hazardous chemicals and explosives being transported by road, rail, sea or air if the transport is regulated under the Dangerous Substances (Dangerous Goods Transport) Regulations 2008 or the law of another jurisdiction.\n\t(5)\tThis Part does not apply to the following hazardous chemicals in the circumstances described:\n\t(a)\thazardous chemicals in batteries when incorporated in plant;\n\t(b)\tfuel, oils or coolants in a container fitted to a vehicle, vessel, aircraft, mobile plant, appliance or other device, if the fuel, oil or coolant is intended for use in the operation of the device;\n\t(c)\tfuel in the fuel container of a domestic or portable fuel burning appliance, if the quantity of fuel does not exceed 25 kilograms or 25 litres;\n\t(d)\thazardous chemicals in portable firefighting or medical equipment for use in a workplace;\n\t(e)\thazardous chemicals that form part of the integrated refrigeration system of refrigerated freight containers;\n\t(f)\tpotable liquids that are consumer products at retail premises.\n\t(6)\tThis Part, other than the following regulations and Schedule 7, does not apply to substances, mixtures or articles categorised as explosives under the GHS:\n\t(a)\tregulation 329;\n\t(b)\tregulation 330;\n\t(c)\tregulation 339;\n\t(d)\tregulation 344;\n\t(e)\tregulation 345.\n\t(7)\tThis Part does not apply to the following:\n\t(a)\tfood and beverages within the meaning of the Food Standards Australia New Zealand Food Standards Code that are in a package and form intended for human consumption;\n\t(b)\ttobacco or products made of tobacco;\n\t(c)\ttherapeutic goods within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth at the point of intentional intake by or administration to humans;\n\t(d)\tveterinary chemical products within the meaning of the Agvet Code at the point of intentional administration to animals.\nDivision 2—Obligations relating to safety data sheets and other matters\nSubdivision 1—Obligations of manufacturers and importers\n1\tA manufacturer or importer of hazardous chemicals may also be a person conducting a business or undertaking at a workplace.\n2\tA manufacturer or importer is defined in section 23 or 24 of the Act as a person conducting a business or undertaking of manufacturing or importing.\n329—Classification of hazardous chemicals\nThe manufacturer or importer of a substance, mixture or article must, before first supplying it to a workplace—\n\t(a)\tdetermine whether the substance, mixture or article is a hazardous chemical; and\n\t(b)\tif the substance, mixture or article is a hazardous chemical—ensure that the hazardous chemical is correctly classified in accordance with Part 1 of Schedule 9.\n330—Manufacturer or importer to prepare and provide safety data sheets\n\t(1)\tA manufacturer or importer of a hazardous chemical must prepare a safety data sheet for the hazardous chemical—\n\t(a)\tbefore first manufacturing or importing the hazardous chemical; or\n\t(b)\tif that is not practicable—as soon as practicable after first manufacturing or importing the hazardous chemical and before first supplying it to a workplace.\n\t(2)\tThe safety data sheet must comply with clause 1 of Schedule 7 unless regulation 331 applies.\n\t(3)\tThe manufacturer or importer of the hazardous chemical must—\n\t(a)\treview the safety data sheet at least once every 5 years; and\n\t(b)\tamend the safety data sheet whenever necessary to ensure that it contains correct, current information.\n\t(4)\tThe manufacturer or importer of the hazardous chemical must provide the current safety data sheet for the hazardous chemical to any person, if the person—\n\t(a)\tis likely to be affected by the hazardous chemical; and\n\t(b)\tasks for the safety data sheet.\n\t(5)\tSubregulations (3) and (4) do not apply to a manufacturer or importer of a hazardous chemical who has not manufactured or imported the hazardous chemical in the past 5 years.\n331—Safety data sheets—research chemical, waste product or sample for analysis\n\t(a)\ta hazardous chemical is a research chemical, waste product or sample for analysis; and\n\t(b)\tit is not reasonably practicable for a manufacturer or importer of the hazardous chemical to comply with clause 1 of Schedule 7.\n\t(2)\tThe manufacturer or importer must prepare a safety data sheet for the hazardous chemical that complies with clause 2 of Schedule 7.\n332—Emergency disclosure of chemical identities to registered medical practitioner\n\t(1)\tThis regulation applies if a registered medical practitioner—\n\t(a)\treasonably believes that knowing the chemical identity of an ingredient of a hazardous chemical may help to treat a patient; and\n\t(b)\trequests the manufacturer or importer of the hazardous chemical to give the registered medical practitioner the chemical identity of the ingredient; and\n\t(c)\tgives an undertaking to the manufacturer or importer that the chemical identity of the ingredient will be used only to help treat the patient; and\n\t(d)\tgives an undertaking to the manufacturer or importer to give the manufacturer or importer as soon as practicable a written statement about the need to obtain the chemical identity of the ingredient.\n\t(2)\tThe manufacturer or importer of a hazardous chemical must give the registered medical practitioner the chemical identity of an ingredient of the hazardous chemical as soon as practicable.\n333—Emergency disclosure of chemical identities to emergency service worker\nThe manufacturer or importer of a hazardous chemical must give an emergency service worker the chemical identity of an ingredient of the hazardous chemical as soon as practicable after the worker requests it.\n334—Packing hazardous chemicals\nThe manufacturer or importer of a hazardous chemical must ensure that the hazardous chemical is correctly packed, in accordance with Part 2 of Schedule 9, as soon as practicable after manufacturing or importing the hazardous chemical.\n335—Labelling hazardous chemicals\n\t(1)\tThe manufacturer or importer of a hazardous chemical must ensure that the hazardous chemical is correctly labelled as soon as practicable after manufacturing or importing the hazardous chemical.\n\t(2)\tA hazardous chemical is correctly labelled if—\n\t(a)\tthe selection and use of label elements is in accordance with the GHS and it complies with Part 3 of Schedule 9; or\n\t(b)\tthe label includes content that complies with another labelling requirement imposed by these regulations or by another law of this State or of the Commonwealth and the content is the same, or substantially the same, as the content that is required by Part 3 of Schedule 9.\n\t(3)\tThis regulation does not apply to a hazardous chemical if—\n\t(a)\tthe hazardous chemical is a consumer product that is labelled in accordance with the Poisons Standard; and\n\t(b)\tthe container for the hazardous chemical has its original label; and\n\t(c)\tit is reasonably foreseeable that the hazardous chemical will be used in a workplace only in—\n\t(i)\ta quantity that is consistent with household use; and\n\t(ii)\ta way that is consistent with household use; and\n\t(iii)\ta way that is incidental to the nature of the work carried out by a worker using the hazardous chemical.\n\t(4)\tThis regulation does not apply to hazardous chemicals in transit.\n\t(5)\tThis regulation does not apply to a hazardous chemical that—\n\t(a)\tis therapeutic goods within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth; and\n\t(b)\tis in a form intended for human consumption, for administration to or by a person or use by a person for therapeutic purposes; and\n\t(c)\tis labelled in accordance with that Act or an order made under that Act.\n\t(6)\tThis regulation does not apply to cosmetics and toiletries.\n\t(7)\tThis regulation does not apply to a hazardous chemical that is—\n\t(a)\ta veterinary chemical product within the meaning of the Agvet Code; and\n\t(b)\tlisted in—\n\t(i)\tthe Poisons Standard, Part 4, Schedule 4, if the chemical product is packaged and supplied in a form intended for direct administration to an animal for therapeutic purposes; or\n\t(ii)\tthe Poisons Standard, Part 4, Schedule 8.\n\t(8)\tIn this regulation—\nPoisons Standard means the Standard for the Uniform Scheduling of Medicines and Poisons October 2016 published by the Commonwealth, as in force or remade from time to time.\nSubdivision 2—Obligations of suppliers\n1\tA supplier of hazardous chemicals may also be a person conducting a business or undertaking at a workplace.\n2\tA supplier is defined in section 25 of the Act as a person who conducts a business or undertaking of supplying.\n3\tAn operator of a major hazard facility is required to notify certain quantities of hazardous chemicals under Chapter 9 Part 2.\n336—Restriction on age of person who can supply hazardous chemicals\nA person conducting a business or undertaking must not direct or allow a worker to supply a hazardous chemical that is a flammable gas or flammable liquid to another person into any container or vehicle provided by that other person unless the worker is at least 16 years of age.\n1\tDecanting fuel into a fuel container.\n2\tRefuelling a car.\n337—Retailer or supplier packing hazardous chemicals\n\t(1)\tThe supplier of a hazardous chemical must not supply the hazardous chemical for use at another workplace if the supplier knows or ought reasonably to know that the hazardous chemical is not correctly packed.\n\t(2)\tA retailer who supplies a hazardous chemical in a container provided by the person supplied with the chemical must ensure that the hazardous chemical is correctly packed.\n338—Supplier labelling hazardous chemicals\n\t(1)\tThe supplier of a hazardous chemical must not supply the hazardous chemical to another workplace if the supplier knows or ought reasonably to know that the hazardous chemical is not correctly labelled in accordance with regulation 335.\n\t(2)\tSubregulation (1) does not apply to a hazardous chemical manufactured or imported before 1 January 2023 that was, at the time it was manufactured or imported, labelled in accordance with GHS 3.\n339—Supplier to provide safety data sheets\n\t(1)\tThe supplier of a hazardous chemical to a workplace must ensure that the current safety data sheet for the hazardous chemical is provided with the hazardous chemical—\n\t(a)\twhen the hazardous chemical is first supplied to the workplace; and\n\t(b)\tif the safety data sheet for the hazardous chemical is amended—when the hazardous chemical is first supplied to the workplace after the safety data sheet is amended.\n\t(2)\tA hazardous chemical is taken to be first supplied to a workplace if the supply is the first supply of the hazardous chemical to the workplace for 5 years.\n\t(3)\tThe supplier of a hazardous chemical to a workplace must ensure that the current safety data sheet for the hazardous chemical is provided to a person at the workplace if the person asks for the safety data sheet.\n\t(4)\tThis regulation does not apply to a supplier of a hazardous chemical if—\n\t(a)\tthe hazardous chemical is a consumer product; or\n\t(b)\tthe supplier is a retailer.\nA manufacturer or importer is required to prepare a safety data sheet under regulation 330.\n340—Supply of prohibited and restricted carcinogens\n\t(1)\tThe supplier of a prohibited carcinogen referred to in an item in Schedule 10, table 10.1 must not supply the substance unless the person to be supplied with the substance gives the supplier evidence that—\n\t(a)\tthe substance is to be used, handled or stored for genuine research or analysis; and\n\t(i)\tthe regulator has authorised the person to use, handle or store the substance under regulation 384; or\n\t(ii)\tthe regulator has granted an exemption under Chapter 11 Part 2 to the person to use, handle or store the substance.\n\t(2)\tThe supplier of a restricted carcinogen referred to in an item in Schedule 10, table 10.2, column 2 must not supply the substance for a use referred to in column 3 for the item unless the person to be supplied with the substance gives the supplier evidence that—\n\t(a)\tthe regulator has authorised the person to use, handle or store the substance under regulation 383; or\n\t(b)\tthe regulator has granted an exemption to the person under Chapter 11 Part 2 to use, handle or store the substance.\n\t(3)\tA supplier under subregulation (1) or (2) must keep a record of—\n\t(a)\tthe name of the person supplied; and\n\t(b)\tthe name and quantity of the substance supplied.\n\t(4)\tThe supplier must keep the record for 5 years after the substance was last supplied to the person.\nSubdivision 3—Obligations of persons conducting businesses or undertakings\n341—Labelling hazardous chemicals—general requirement\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure that a hazardous chemical used, handled or stored at the workplace is correctly labelled in accordance with regulation 335.\n\t(2)\tSubregulation (1) does not apply to a hazardous chemical if the chemical—\n\t(a)\twas manufactured before 1 January 2017 and is labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC:2012(1994)] as in force at the time it was manufactured; or\n\t(b)\tin the case of an imported hazardous chemical—was imported before 1 January 2017 and is labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC:2012(1994)] as in force at the time it was imported; or\n\t(c)\twas manufactured or imported before 1 January 2023 and was, at the time it was manufactured or imported, labelled in accordance with GHS 3.\n342—Labelling hazardous chemicals—containers\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure that a hazardous chemical is correctly labelled in accordance with regulation 335 if the hazardous chemical is—\n\t(a)\tmanufactured at the workplace; or\n\t(b)\ttransferred or decanted from its original container at the workplace.\n\t(1a)\tSubregulation (1) does not apply to a hazardous chemical—\n\t(a)\tmanufactured, at the workplace, or transferred or decanted from its original container at the workplace, before 1 January 2017 that was, at the time it was manufactured, or transferred or decanted from its original container, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC:2012(1994)] as in force at that time; or\n\t(b)\tmanufactured at the workplace before 1 January 2023 that was, at the time it was manufactured, labelled in accordance with GHS 3; or\n\t(c)\ttransferred or decanted from its original container at the workplace that was—\n\t(i)\tmanufactured or imported before 1 January 2023; and\n\t(ii)\tat the time it was manufactured or imported, labelled in accordance with GHS 3.\n\t(2)\tA person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a container that stores a hazardous chemical is correctly labelled in accordance with regulation 335 while the container contains the hazardous chemical.\n\t(2a)\tSubregulation (2) does not apply to a container—\n\t(a)\tthat stores a hazardous chemical manufactured or, in the case of an imported hazardous chemical, imported before 1 January 2017 if the container is labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC:2012(1994)] as in force at the time it was manufactured or imported (as the case requires); or\n\t(b)\tmanufactured or imported before 1 January 2023 that was, at the time it was manufactured or imported, labelled in accordance with GHS 3.\n\t(3)\tA person conducting a business or undertaking at a workplace must ensure that a container labelled for a hazardous chemical is used only for the use, handling or storage of the hazardous chemical.\n\t(4)\tThis regulation does not apply to a container if—\n\t(a)\tthe hazardous chemical in the container is used immediately after it is put in the container; and\n\t(b)\tthe container is thoroughly cleaned immediately after the hazardous chemical is used, handled or stored so that the container is in the condition it would be in if it had never contained the hazardous chemical.\n343—Labelling hazardous chemicals—pipe work\nA person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a hazardous chemical in pipe work is identified by a label, sign or another way on or near the pipe work.\n344—Person conducting business or undertaking to obtain and give access to safety data sheets\n\t(1)\tA person conducting a business or undertaking at a workplace must obtain the current safety data sheet for a hazardous chemical prepared in accordance with these regulations from the manufacturer, importer or supplier of the hazardous chemical in the following circumstances:\n\t(a)\teither—\n\t(i)\tnot later than when the hazardous chemical is first supplied for use at the workplace; or\n\t(ii)\tif the person is not able to obtain the safety data sheet under subparagraph (i)—as soon as practicable after the hazardous chemical is first supplied to the workplace but before the hazardous chemical is used at the workplace;\n\t(b)\tif the safety data sheet for the hazardous chemical is amended either—\n\t(i)\tnot later than when the hazardous chemical is first supplied to the workplace after the safety data sheet is amended; or\n\t(ii)\tif the person is not able to obtain the amended safety data sheet under subparagraph (i)—as soon as practicable after the hazardous chemical is first supplied to the workplace after the safety data sheet is amended and before the hazardous chemical supplied is used at the workplace.\n\t(2)\tThe hazardous chemical is taken to be first supplied to a workplace if the supply is the first supply of the hazardous chemical to the workplace for 5 years.\n\t(3)\tThe person must ensure that the current safety data sheet for the hazardous chemical is readily accessible to—\n\t(a)\ta worker who is involved in using, handling or storing the hazardous chemical at the workplace; and\n\t(b)\tan emergency service worker, or anyone else, who is likely to be exposed to the hazardous chemical at the workplace.\n\t(4)\tSubregulations (1) and (3) do not apply to a hazardous chemical that—\n\t(a)\tis in transit; or\n\t(b)\tif the person conducting the business or undertaking at the workplace is a retailer is—\n\t(i)\ta consumer product; and\n\t(ii)\tintended for supply to other premises; or\n\t(c)\tis a consumer product and it is reasonably foreseeable that the hazardous chemical will be used at the workplace only in—\n\t(i)\tquantities that are consistent with household use; or\n\t(ii)\ta way that is consistent with household use; and\n\t(iii)\ta way that is incidental to the nature of the work carried out by a worker using the hazardous chemical.\n\t(5)\tIn the circumstances referred to in subregulation (4), the person must ensure that sufficient information about the safe use, handling and storage of the hazardous chemical is readily accessible to—\n\t(a)\ta worker at the workplace; and\n\t(b)\tan emergency service worker, or anyone else, who is likely to be exposed to the hazardous chemical at the workplace.\n\t(6)\tThe person must ensure that the current safety data sheet for the hazardous chemical is readily accessible to a person at the workplace if the person—\n\t(a)\tis likely to be affected by the hazardous chemical; and\n\t(b)\tasks for the safety data sheet.\n345—Changes to safety data sheets\nA person conducting a business or undertaking at a workplace may change a safety data sheet for a hazardous chemical only if—\n\t(a)\tthe person—\n\t(i)\tis an importer or manufacturer of the hazardous chemical; and\n\t(ii)\tchanges the safety data sheet in a way that is consistent with the duties of the importer or manufacturer under regulation 330; or\n\t(b)\tthe change is only the attachment of a translation of the safety data sheet, and clearly states that the translation is not part of the original safety data sheet.\nThe manufacturer or importer of a hazardous chemical must amend a safety data sheet as necessary to ensure the information is correct and current (see regulation 330(3)(b)).\nDivision 3—Register and manifest of hazardous chemicals\nSubdivision 1—Hazardous chemicals register\n346—Hazardous chemicals register\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure that—\n\t(a)\ta register of hazardous chemicals used, handled or stored at the workplace is prepared and kept at the workplace; and\n\t(b)\tthe register is maintained to ensure the information in the register is up to date.\n\t(2)\tThe register must include—\n\t(a)\ta list of hazardous chemicals used, handled or stored; and\n\t(b)\tthe current safety data sheet for each hazardous chemical listed.\n\t(3)\tThe person must ensure that the register is readily accessible to—\n\t(a)\ta worker involved in using, handling or storing a hazardous chemical; and\n\t(b)\tanyone else who is likely to be affected by a hazardous chemical at the workplace.\n\t(4)\tThis regulation does not apply to a hazardous chemical if—\n\t(a)\tthe hazardous chemical is in transit, unless there is a significant or frequent presence of the hazardous chemical in transit at the workplace; or\n\t(b)\tthe hazardous chemical is a consumer product and the person is not required to obtain a safety data sheet for the hazardous chemical under regulation 344.\nSee regulation 344(4).\nSubdivision 2—Manifest of Schedule 11 hazardous chemicals\nRegulation 361 requires an emergency plan to be prepared if the quantity of hazardous chemicals used, handled or stored at a workplace exceeds the manifest quantity for that hazardous chemical.\n347—Manifest of hazardous chemicals\n\t(1)\tA person conducting a business or undertaking at a workplace must, if the quantity of a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals used, handled or stored at the workplace exceeds the manifest quantity for the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals—\n\t(a)\tprepare a manifest of Schedule 11 hazardous chemicals; and\n\t(b)\tamend the manifest as soon as practicable if—\n\t(i)\tthe type or quantity of Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals that must be listed in the manifest changes; or\n\t(ii)\tthere is a significant change in the information required to be recorded in the manifest.\n\t(2)\tA manifest of Schedule 11 hazardous chemicals must comply with Schedule 12.\n\t(3)\tThe person must keep the manifest—\n\t(a)\tin a place determined in agreement with a primary emergency service organisation; and\n\t(b)\tavailable for inspection under the Act; and\n\t(c)\treadily accessible to the emergency service organisation.\nDivision 4—Placards\n349—Outer warning placards—requirement to display\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure that an outer warning placard is prominently displayed at the workplace if the total quantity of a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals used, handled or stored at the workplace exceeds the placard quantity for the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals.\n\t(2)\tAn outer warning placard must comply with Schedule 13.\n\t(3)\tThis regulation does not apply to a workplace if—\n\t(a)\tthe workplace is a retail outlet; and\n\t(b)\tthe Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals is used to refuel a vehicle, and is either—\n\t(i)\ta flammable gas; or\n\t(ii)\ta flammable liquid.\n350—Placard—requirement to display\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure that a placard is prominently displayed at the workplace if the total quantity of a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals stored at the workplace exceeds the placard quantity for the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals.\n\t(2)\tA placard must comply with Schedule 13.\n\t(3)\tThis regulation does not apply to a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals if—\n\t(a)\tthe Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals is in bulk in a container, including an IBC, that is intended for transport and a placard is displayed on the container in accordance with the ADG Code; or\n\t(b)\tthe Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals is a flammable liquid stored in an underground tank at a retail outlet and used to refuel a vehicle.\nDivision 5—Control of risk—obligations of persons conducting businesses or undertakings\nSubdivision 1—General obligations relating to management of risk\n351—Management of risks to health or safety\n\t(1)\tA person conducting a business or undertaking must manage, in accordance with Chapter 3 Part 1, risks to health and safety associated with using, handling, generating or storing a hazardous chemical at a workplace.\nWHS Act—see section 19 (see regulation 9).\n\t(2)\tIn managing risks the person must have regard to the following:\n\t(a)\tthe hazardous properties of the hazardous chemical;\n\t(b)\tany potentially hazardous chemical or physical reaction between the hazardous chemical and another substance or mixture, including a substance that may be generated by the reaction;\n\t(c)\tthe nature of the work to be carried out with the hazardous chemical;\n\t(d)\tany structure, plant or system of work—\n\t(i)\tthat is used in the use, handling, generation or storage of the hazardous chemical; or\n\t(ii)\tthat could interact with the hazardous chemical at the workplace.\n352—Review of control measures\nIn addition to the circumstances in regulation 38, a person conducting a business or undertaking at a workplace must ensure that any measures implemented to control risks in relation to a hazardous chemical at the workplace are reviewed and as necessary revised in any of the following circumstances:\n\t(a)\tfollowing any change to the safety data sheet for the hazardous chemical or the register of hazardous chemicals;\n\t(b)\tif the person obtains a health monitoring report for a worker under Division 6 that contains—\n\t(i)\ttest results that indicate that the worker has been exposed to the hazardous chemical and has an elevated level of metabolites in his or her body for that hazardous chemical; or\n\t(ii)\tany advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work using, handling, generating or storing the hazardous chemical that triggered the requirement for health monitoring; or\n\t(iii)\tany recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work using, handling, generating or storing the hazardous chemical that triggered the requirement for health monitoring;\n\t(c)\tif monitoring carried out under regulation 50 determines that the airborne concentration of the hazardous chemical at the workplace exceeds the relevant exposure standard;\n\t(d)\tat least once every 5 years.\n353—Safety signs\n\t(1)\tThis regulation applies if a safety sign is required to control an identified risk in relation to using, handling, generating or storing hazardous chemicals at a workplace.\n\t(2)\tA person conducting a business or undertaking at the workplace must display a safety sign at the workplace to—\n\t(a)\twarn of a particular hazard associated with the hazardous chemicals; or\n\t(b)\tstate the responsibilities of a particular person in relation to the hazardous chemicals.\n\t(3)\tThe person must ensure that the safety sign is—\n\t(a)\tlocated next to the hazard; and\n\t(b)\tclearly visible to a person approaching the hazard.\nsafety sign does not include a placard.\n354—Identification of risk of physical or chemical reaction\n\t(1)\tA person conducting a business or undertaking at a workplace must identify any risk of a physical or chemical reaction in relation to a hazardous chemical used, handled, generated or stored at a workplace.\n\t(2)\tSubregulation (1) does not apply if the hazardous chemical undergoes the physical or chemical reaction in a manufacturing process or as part of a deliberate process or activity at the workplace.\n\t(3)\tA person conducting a business or undertaking at a workplace must take all reasonable steps to ensure that a hazardous chemical is used, handled, generated or stored so as not to contaminate food, food packaging or personal use products.\nPersonal use products—\n\t•\tcosmetics;\n\t•\tface washer.\n\t(4)\tSubregulation (3) does not apply to the use of a hazardous chemical for agricultural purposes when used in accordance with the Agricultural and Veterinary Products (Control of Use) Act 2002.\n355—Specific control—fire and explosion\nA person conducting a business or undertaking at a workplace must, if there is a possibility of fire or explosion in a hazardous area being caused by an ignition source being introduced into the area, ensure that the ignition source is not introduced into the area (from outside or within the space).\n356—Keeping hazardous chemicals stable\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a hazardous chemical used, handled or stored at the workplace does not become unstable, decompose or change so as to—\n\t(a)\tcreate a hazard that is different from the hazard originally created by the hazardous chemical; or\n\t(b)\tsignificantly increase the risk associated with any hazard in relation to the hazardous chemical.\n\t(2)\tA person conducting a business or undertaking at a workplace must ensure that—\n\t(a)\tif the stability of a hazardous chemical used, handled or stored at the workplace is dependent on the maintenance of the proportions of the ingredients of the hazardous chemical—the proportions are maintained as stated in the safety data sheet for the chemical, or by the manufacturer of the hazardous chemical; and\n\t(b)\tif a hazardous chemical used, handled or stored at the workplace is known to be unstable above a particular temperature—the hazardous chemical is used, handled or stored at or below that temperature.\n\t(3)\tThis regulation does not apply if—\n\t(a)\tthe hazardous chemical is changed or allowed to become unstable, without risk to health or safety, as part of a deliberate process or activity at the workplace; or\n\t(b)\tthe hazardous chemical undergoes a chemical reaction in a manufacturing process or as part of a deliberate process or activity at the workplace.\nSubdivision 2—Spills and damage\n357—Containing and managing spills\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that where there is a risk from a spill or leak of a hazardous chemical in a solid or liquid form, provision is made in each part of the workplace where the hazardous chemical is used, handled, generated or stored for a spill containment system that contains within the workplace any part of the hazardous chemical that spills or leaks, and any resulting effluent.\n\t(2)\tThe person must ensure that the spill containment system does not create a hazard by bringing together different hazardous chemicals that are not compatible.\n\t(3)\tThe person must ensure that the spill containment system provides for the cleanup and disposal of a hazardous chemical that spills or leaks, and any resulting effluent.\n\t(4)\tIn subregulation (2)—\ncompatible, for 2 or more substances, mixtures or items, means that the substances, mixtures or items do not react together to cause a fire, explosion, harmful reaction or evolution of flammable, toxic or corrosive vapour.\n358—Protecting hazardous chemicals from damage\nA person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that containers of hazardous chemicals and any associated pipe work or attachments are protected against damage caused by an impact or excessive loads.\nSubdivision 3—Emergency plans and safety equipment\n359—Fire protection and firefighting equipment\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure the following:\n\t(a)\tthe workplace is provided with fire protection and firefighting equipment that is designed and built for the types of hazardous chemicals at the workplace in the quantities in which they are used, handled, generated or stored at the workplace, and the conditions under which they are used, handled, generated or stored, having regard to—\n\t(i)\tthe fire load of the hazardous chemicals; and\n\t(ii)\tthe fire load from other sources; and\n\t(iii)\tthe compatibility of the hazardous chemicals with other substances and mixtures at the workplace;\n\t(b)\tthe fire protection and firefighting equipment is compatible with firefighting equipment used by the primary emergency service organisations;\n\t(c)\tthe fire protection and firefighting equipment is properly installed, tested and maintained;\n\t(d)\ta dated record is kept of the latest testing results and maintenance until the next test is conducted.\n\t(2)\tIf a part of the fire protection and firefighting equipment provided at the workplace becomes unserviceable or inoperative, the person must ensure that—\n\t(a)\tthe implications of the equipment being unserviceable or inoperative are assessed; and\n\t(b)\tfor risks that were controlled by the equipment when functioning fully, alternative measures are taken to manage the risks.\n\t(3)\tThe person must ensure that the fire protection and firefighting equipment is returned to full operation as soon as practicable.\n360—Emergency equipment\nA person conducting a business or undertaking at a workplace that uses, handles, generates or stores hazardous chemicals must ensure that equipment is always available at the workplace for use in an emergency.\nA person conducting a business or undertaking must comply with Division 4 of Chapter 3 Part 2.\n361—Emergency plans\n\t(1)\tThis regulation applies if the quantity of a Schedule 11 hazardous chemical used, handled, generated or stored at a workplace exceeds the manifest quantity for that hazardous chemical.\n\t(2)\tA person conducting a business or undertaking at the workplace must give a copy of an emergency plan prepared under Division 4 of Chapter 3 Part 2 in relation to the workplace to a primary emergency service organisation.\n\t(3)\tIf the primary emergency service organisation gives the person a written recommendation about the content or effectiveness of the emergency plan, the person must revise the plan in accordance with the recommendation.\n362—Safety equipment\n\t(1)\tThis regulation applies if safety equipment is required to control an identified risk in relation to using, handling, generating or storing hazardous chemicals at a workplace.\n\t(2)\tA person conducting a business or undertaking at the workplace must ensure that the safety equipment is provided, maintained and readily accessible to persons at the workplace.\nSubdivision 4—Storage and handling systems\n363—Control of risks from storage or handling systems\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a system used at the workplace for the use, handling or storage of hazardous chemicals—\n\t(a)\tis used only for a purpose for which it was designed, manufactured, modified, supplied or installed; and\n\t(b)\tis operated, tested, maintained, installed, repaired and decommissioned having regard to the health and safety of workers and other persons at the workplace.\n\t(2)\tThe person must ensure that sufficient information, training and instruction is given to a person who operates, tests, maintains or decommissions a system used at a workplace for the use, handling or storage of hazardous chemicals for the activity to be carried out safely.\nInformation provided at a training course.\n364—Containers for hazardous chemicals used, handled or stored in bulk\nA person conducting a business or undertaking at a workplace must ensure that a container in which a hazardous chemical is used, handled or stored in bulk and any associated pipe work or attachments—\n\t(a)\thave stable foundations and supports; and\n\t(b)\tare secured to the foundations and supports to prevent any movement between the container and the associated pipe work or attachments to prevent—\n\t(i)\tdamage to the container, the associated pipe work or attachments; and\n\t(ii)\ta notifiable incident.\n365—Stopping use and disposing of handling systems\n\t(1)\tThis regulation applies to a system used at a workplace for the use, handling or storage of hazardous chemicals if a person conducting a business or undertaking at the workplace intends that the system no longer be used for the use, handling or storage of the hazardous chemicals or be disposed of.\n\t(2)\tThe person must ensure, so far as is reasonably practicable, that the system is free of the hazardous chemicals when the system stops being used for the use, handling or storage of the hazardous chemicals or is disposed of.\n\t(3)\tIf it is not reasonably practicable to remove the hazardous chemicals from the system, the person must correctly label the system.\nFor correctly labelling hazardous chemicals, see Subdivision 3 of Division 1.\n366—Stopping use of underground storage and handling systems\n\t(1)\tThis regulation applies in relation to a system used at a workplace for the use, handling or storage of hazardous chemicals underground if a person conducting a business or undertaking at the workplace intends that the system no longer be used for the use, handling or storage of the hazardous chemicals or be disposed of.\n\t(2)\tThe person must ensure, so far as is reasonably practicable, that the system is removed.\n\t(3)\tIf it is not reasonably practicable to remove the system, the person must ensure, so far as is reasonably practicable, that the system is without risks to health and safety.\n367—Notification of abandoned tank\n\t(1)\tThis regulation applies to a person conducting a business or undertaking at a workplace if—\n\t(a)\tthe person controls or manages a tank at the workplace that is underground, partially underground or fully mounded; and\n\t(b)\tthe tank was used to store flammable gases or flammable liquids.\n\t(2)\tThe tank is taken to be abandoned if—\n\t(a)\tthe tank has not been used to store flammable gases or flammable liquids for 2 years; or\n\t(b)\tthe person does not intend to use the tank to store flammable gases or flammable liquids again.\n\t(3)\tThe person must notify the regulator of the abandonment of the tank as soon as practicable after the tank is abandoned.\ntank means a container, other than an IBC designed to use, handle or store hazardous chemicals in bulk, and includes fittings, closures and other equipment attached to the container.\nDivision 6—Health monitoring\n368—Duty to provide health monitoring\nA person conducting a business or undertaking must ensure that health monitoring is provided to a worker carrying out work for the business or undertaking if—\n\t(a)\tthe worker is carrying out ongoing work at a workplace using, handling, generating or storing hazardous chemicals and there is a significant risk to the worker's health because of exposure to a hazardous chemical referred to in Schedule 14, table 14.1, column 2; or\n\t(b)\tthe person identifies that because of ongoing work carried out by a worker using, handling, generating or storing hazardous chemicals there is a significant risk that the worker will be exposed to a hazardous chemical (other than a hazardous chemical referred to in Schedule 14, table 14.1) and either—\n\t(i)\tvalid techniques are available to detect the effect on the worker's health; or\n\t(ii)\ta valid way of determining biological exposure to the hazardous chemical is available and it is uncertain, on reasonable grounds, whether the exposure to the hazardous chemical has resulted in the biological exposure standard being exceeded.\nThe biological exposure standard is published by Safe Work Australia.\n369—Duty to inform of health monitoring\nA person conducting a business or undertaking who is required to provide health monitoring to a worker must give information about the health monitoring requirements to—\n\t(a)\ta person who is likely to be engaged to carry out work using, handling, generating or storing a hazardous chemical; and\n\t(b)\ta worker for the business or undertaking, before the worker commences work using, handling, generating or storing a hazardous chemical.\n370—Duty to ensure that appropriate health monitoring is provided\nA person conducting a business or undertaking must ensure that health monitoring of a worker referred to in regulation 368 includes health monitoring of a type referred to in an item in Schedule 14, table 14.1, column 3 in relation to a hazardous chemical referred to in column 2 for the item, unless—\n\t(a)\tan equal or better type of health monitoring is available; and\n\t(b)\tthe use of that other type of monitoring is recommended by a registered medical practitioner with experience in health monitoring.\n371—Duty to ensure health monitoring is supervised by registered medical practitioner with experience\n\t(1)\tA person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in regulation 368 is carried out by or under the supervision of a registered medical practitioner with experience in health monitoring.\n372—Duty to pay costs of health monitoring\n\t(1)\tA person conducting a business or undertaking must pay all expenses relating to health monitoring referred to in regulation 368.\n\t(2)\tIf 2 or more persons conducting businesses or undertakings have a duty to provide health monitoring for a worker and have arranged for one of them to commission the health monitoring, the costs of the health monitoring for which any of those persons is liable must be apportioned equally between each of those persons unless they agree otherwise.\n373—Information that must be provided to registered medical practitioner\nA person conducting a business or undertaking who commissions health monitoring for a worker must provide the following information to the registered medical practitioner carrying out or supervising the health monitoring:\n374—Duty to obtain health monitoring report\n\t(1)\tA person conducting a business or undertaking who commissions health monitoring referred to in regulation 368 must take all reasonable steps to obtain a health monitoring report from the registered medical practitioner who carried out or supervised the monitoring as soon as practicable after the monitoring is carried out in relation to a worker.\n\t(d)\tthe date of the health monitoring;\n\t(e)\tany test results that indicate whether or not the worker has been exposed to a hazardous chemical;\n\t(f)\tany advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring;\n\t(g)\tany recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the type of work that triggered the requirement for health monitoring;\n\t(h)\twhether medical counselling is required for the worker in relation to the work that triggered the requirement for health monitoring.\n375—Duty to give health monitoring report to worker\nThe person conducting a business or undertaking who commissioned health monitoring for a worker must give a copy of the health monitoring report to the worker as soon as practicable after the person obtains the report.\n376—Duty to give health monitoring report to regulator\nA person conducting a business or undertaking for whom a worker is carrying out work for which health monitoring is required must give a copy of the health monitoring report relating to a worker to the regulator as soon as practicable after obtaining the report if the report contains—\n\t(a)\tany advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work using, handling, generating or storing hazardous chemicals that triggered the requirement for health monitoring; or\n\t(b)\tany recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work using, handling, generating or storing hazardous chemicals that triggered the requirement for health monitoring.\n377—Duty to give health monitoring report to relevant persons conducting businesses or undertakings\nThe person who commissioned health monitoring for a worker under regulation 368 must give a copy of the health monitoring report to all other persons conducting businesses or undertakings who have a duty to provide health monitoring for the worker as soon as practicable after obtaining the report.\n378—Health monitoring records\n\t(1)\tA person conducting a business or undertaking must ensure that health monitoring reports in relation to a worker carrying out work for the business or undertaking are kept as a confidential record—\n\t(b)\tfor at least 30 years after the record is made.\n\t(2)\tThe person must ensure that the health monitoring report and results of a worker are not disclosed to another person without the worker's written consent.\n\t(3)\tSubregulation (2) does not apply if the record is disclosed under regulation 376 or 377 or to a person who must keep the record confidential under a duty of professional confidentiality.\nDivision 7—Induction, information, training and supervision\n379—Duty to provide supervision\n\t(1)\tA person conducting a business or undertaking at a workplace must provide any supervision to a worker that is necessary to protect the worker from risks to the worker's health and safety arising from the work if, at the workplace, the worker—\n\t(a)\tuses, handles, generates or stores a hazardous chemical; or\n\t(b)\toperates, tests, maintains, repairs or decommissions a storage or handling system for a hazardous chemical; or\n\t(c)\tis likely to be exposed to a hazardous chemical.\n\t(2)\tThe person must ensure that the supervision of the worker is suitable and adequate having regard to—\n\t(a)\tthe nature of the risks associated with the hazardous chemical; and\n\t(b)\tthe information training and instruction required under regulation 39.\nIn addition, section 19(3)(f) of the Act requires the provision of information, training, instruction and supervision.\nDivision 8—Prohibition, authorisation and restricted use\n380—Using, handling and storing prohibited carcinogens\nA person conducting a business or undertaking at a workplace must not use, handle or store, or direct or allow a worker at the workplace to use, handle or store, a prohibited carcinogen referred to in Schedule 10, table 10.1, column 2 unless—\n\t(a)\tthe prohibited carcinogen is used, handled or stored for genuine research or analysis; and\n\t(b)\tthe regulator has authorised the use, handling or storage of the prohibited carcinogen under regulation 384.\n381—Using, handling and storing restricted carcinogens\nA person conducting a business or undertaking at a workplace must not use, handle or store, or direct or allow a worker at the workplace to use, handle or store, a restricted carcinogen referred to in an item in Schedule 10, table 10.2, column 2 for a purpose referred to in column 3 for the item unless the regulator has authorised the use, handling or storage of the restricted carcinogen under regulation 384.\n382—Using, handling and storing restricted hazardous chemicals\n\t(1)\tA person conducting a business or undertaking at a workplace must not use, handle or store, or direct or allow a worker at the workplace to use, handle or store, a restricted hazardous chemical referred to in an item in Schedule 10, table 10.3, column 2 for a purpose referred to in column 3 for the item.\n\t(2)\tA person conducting a business or undertaking at a workplace must not use, handle or store, or direct or allow a worker at the workplace to use, handle or store, polychlorinated biphenyls (PCBs) unless the use, handling or storage is—\n\t(a)\tin relation to existing electrical equipment or construction material; or\n\t(b)\tfor disposal purposes; or\n\t(c)\tfor genuine research and analysis.\n383—Application for authorisation to use, handle or store prohibited and restricted carcinogens\n\t(1)\tA person conducting a business or undertaking at a workplace may apply in writing to the regulator for authorisation to use, handle or store a prohibited carcinogen or restricted carcinogen referred to in Schedule 10 at the workplace.\n\t(a)\tthe applicant's name and business address;\n\t(b)\tif the applicant conducts the business or undertaking under a business name, that business name;\n\t(c)\tthe name and address of the supplier of the carcinogen;\n\t(d)\tthe address where the carcinogen will be used, handled or stored;\n\t(e)\tthe name of the carcinogen;\n\t(f)\tthe quantity of the carcinogen to be used, handled or stored at the workplace each year;\n\t(g)\tthe purpose and activity for which the carcinogen will be used, handled or stored;\n\t(h)\tthe number of workers that may be exposed to the carcinogen;\n\t(i)\thow the person will manage risks to health and safety including a summary of the steps taken, or to be taken, by the person in relation to the following:\n\t(i)\thazard identification;\n\t(ii)\tcontrol measures;\n\t(iii)\tif elimination or substitution of the carcinogen is not reasonably practicable—why the elimination or substitution is not reasonably practicable;\n\t(j)\tany other information requested by the regulator.\n384—Authorisation to use, handle or store prohibited carcinogens and restricted carcinogens\n\t(1)\tIf a person applies under regulation 383, the regulator may grant an authorisation to use, handle or store a prohibited carcinogen or restricted carcinogen under this regulation.\n\t(2)\tThe regulator may authorise the person to use, handle or store a prohibited carcinogen referred to in an item in Schedule 10, table 10.1 at the workplace only if the carcinogen will be used, handled or stored only for genuine research or analysis.\n\t(3)\tThe regulator may authorise the person to use, handle or store a restricted carcinogen referred to in an item in Schedule 10, table 10.2 at the workplace only if the carcinogen will be used, handled or stored only for a use referred to in column 3 for the item.\n\t(4)\tThe regulator may impose any conditions on the authorisation that the regulator considers necessary to achieve the objectives of the Act or these regulations.\n\t(5)\tThe regulator must refuse to authorise the use, handling or storage of the carcinogen for a use not referred to in this regulation.\nA decision to refuse an authorisation is a reviewable decision (see regulation 676).\n385—Changes to information in application to be reported\nA person who applies under regulation 383 for authorisation to use, handle or store a prohibited carcinogen or restricted carcinogen must give the regulator written notice of any change in the information given in the application before the change or as soon as practicable after the person becomes aware of the change.\n386—Regulator may cancel authorisation\nThe regulator may cancel an authorisation to use, handle or store a prohibited carcinogen or restricted carcinogen given under regulation 384 if satisfied that—\n\t(a)\tthe person granted the authorisation has not complied with a condition on the authorisation; or\n\t(b)\tthe risk to the health or safety of a worker that may be affected by using, handling or storing the carcinogen has changed since the authorisation was granted.\nA decision to cancel an authorisation is a reviewable decision (see regulation 676).\n387—Statement of exposure to be given to workers\n\t(a)\ta person conducting a business or undertaking at a workplace is authorised under regulation 384 to use, handle or store a prohibited carcinogen or restricted carcinogen at the workplace; and\n\t(b)\ta worker uses, handles or stores the prohibited carcinogen or restricted carcinogen at the workplace.\n\t(2)\tThe person must give to the worker, at the end of the worker's engagement by the person, a written statement of the following:\n\t(a)\tthe name of the prohibited or restricted carcinogen to which the worker may have been exposed during the engagement;\n\t(b)\tthe time the worker may have been exposed;\n\t(c)\thow and where the worker may obtain records of the possible exposure;\n\t(d)\twhether the worker should undertake regular health assessments, and the relevant tests to undertake.\n388—Records to be kept\n\t(1)\tThis regulation applies if a person conducting a business or undertaking at a workplace is authorised under regulation 384 to use, handle or store a prohibited carcinogen or restricted carcinogen at the workplace.\n\t(2)\tThe person must—\n\t(a)\trecord the full name, date of birth and address of each worker likely to be exposed to the prohibited carcinogen or restricted carcinogen during the period of authorisation; and\n\t(b)\tkeep a copy of each authorisation given to the person including any conditions imposed on the authorisation.\n\t(3)\tThe person must keep the records for 30 years after the authorisation ends.\nDivision 9—Pipelines\n389—Management of risk by pipeline owner\n\t(1)\tThe owner of a pipeline used to transfer hazardous chemicals must manage risks associated with the transfer of the hazardous chemicals through that pipeline.\nRisks associated with the testing, installation, commissioning, operation, maintenance and decommissioning of the pipeline.\n\t(2)\tThe owner of a pipeline used to transfer hazardous chemicals must ensure, so far as is reasonably practicable, that an activity, structure, equipment or substance that is not part of the pipeline does not affect the hazardous chemicals or the pipeline in a way that increases risk.\n390—Pipeline builder's duties\n\t(1)\tThis regulation applies to a person who intends to build a pipeline that will—\n\t(a)\tcross into a public place; and\n\t(b)\tbe used to transfer a Schedule 11 hazardous chemical.\n\t(2)\tThe person must ensure that, before the building of the pipeline commences, the regulator is given the following information:\n\t(a)\tthe name of the pipeline's intended owner and operator;\n\t(b)\tthe pipeline's specifications;\n\t(c)\tthe intended procedures for the operation, maintenance, renewal and relaying of the pipeline;\n\t(d)\tany public place that the pipeline will cross;\n\t(e)\tthe intended emergency response procedures.\n\t(3)\tThe person must ensure that the regulator is given the information in the following circumstances:\n\t(a)\tbefore the pipeline is commissioned;\n\t(b)\tbefore the pipeline is likely to contain a hazardous chemical;\n\t(c)\tif there is any change in the information given under subregulation (2)—when the information changes;\n\t(d)\tif part of the pipeline is to be repaired—before the pipeline is repaired;\n\t(e)\tif part of the pipeline is removed, decommissioned, closed or abandoned—when the removal, decommissioning, closure or abandonment occurs.\n391—Management of risks to health and safety by pipeline operator\n\t(1)\tA person conducting a business or undertaking at a workplace who is the operator of a pipeline (the operator) used to transfer hazardous chemicals must manage, in accordance with Chapter 3 Part 1, risks to health and safety associated with the transfer of the hazardous chemicals through the pipeline.\n\t(2)\tThe operator of a pipeline used to transfer a hazardous chemical must ensure, so far as is reasonably practicable, that the hazardous chemical transferred is identified by a label, sign or another way on or near the pipeline.\n\t(3)\tThe operator of a pipeline that transfers a Schedule 11 hazardous chemical into a public place must ensure that the regulator is notified of—\n\t(a)\tthe supplier of the hazardous chemical; and\n\t(b)\tthe receiver of the hazardous chemical; and\n\t(c)\tthe correct classification of the hazardous chemical.\nPart 2—Lead\nIn workplaces where lead processes are carried out, this Part applies in addition to Chapter 7 Part 1.\nDivision 1—Lead process\n392—Meaning of lead process\nIn this Part, a lead process consists of any of the following carried out at a workplace:\n\t(a)\twork that exposes a person to lead dust or lead fumes arising from the manufacture or handling of dry lead compounds;\n\t(b)\twork in connection with the manufacture, assembly, handling or repair of, or parts of, batteries containing lead that involves the manipulation of dry lead compounds, or pasting or casting lead;\n\t(c)\tbreaking up or dismantling batteries containing lead, or sorting, packing and handling plates or other parts containing lead that are removed or recovered from the batteries;\n\t(d)\tspraying molten lead metal or alloys containing more than 5% by weight of lead metal;\n\t(e)\tmelting or casting lead alloys containing more than 5% by weight of lead metal in which the temperature of the molten material exceeds 450°C;\n\t(f)\trecovering lead from its ores, oxides or other compounds by thermal reduction process;\n\t(g)\tdry machine grinding, discing, buffing or cutting by power tools alloys containing more than 5% by weight of lead metal;\n\t(h)\tmachine sanding or buffing surfaces coated with paint containing more than 1% by dry weight of lead;\n\t(i)\ta process by which electric arc, oxyacetylene, oxy gas, plasma arc or a flame is applied for welding, cutting or cleaning, to the surface of metal coated with lead or paint containing more than 1% by dry weight of lead metal;\n\t(j)\tradiator repairs that may cause exposure to lead dust or lead fumes;\n\t(k)\tfire assays if lead, lead compounds or lead alloys are used;\n\t(l)\thand grinding and finishing lead or alloys containing more than 50% by dry weight of lead;\n\t(m)\tspray painting with lead paint containing more than 1% by dry weight of lead;\n\t(n)\tmelting lead metal or alloys containing more than 50% by weight of lead metal if the exposed surface area of the molten material exceeds 0.1 square metre and the temperature of the molten material does not exceed 450°C;\n\t(o)\tusing a power tool, including abrasive blasting and high pressure water jets, to remove a surface coated with paint containing more than 1% by dry weight of lead and handling waste containing lead resulting from the removal;\n\t(p)\ta process that exposes a person to lead dust or lead fumes arising from manufacturing or testing detonators or other explosives that contain lead;\n\t(q)\ta process that exposes a person to lead dust or lead fumes arising from firing weapons at an indoor firing range;\n\t(r)\tfoundry processes involving—\n\t(i)\tmelting or casting lead alloys containing more than 1% by weight of lead metal in which the temperature of the molten material exceeds 450°C; or\n\t(ii)\tdry machine grinding, discing, buffing or cutting by power tools lead alloys containing more than 1% by weight of lead metal;\n\t(s)\ta process decided by the regulator to be a lead process under regulation 393.\n393—Regulator may decide lead process\n\t(1)\tThe regulator may decide that a process to be carried out at a workplace is a lead process.\n\t(2)\tThe regulator must not decide that the process is a lead process unless the regulator is satisfied on reasonable grounds that the process creates a risk to the health of a worker at the workplace having regard to blood lead levels of workers, or airborne lead levels, at the workplace.\nA decision that a process is a lead process is a reviewable decision (see regulation 676).\n\t(3)\tThe regulator must, within 14 days after a decision is made under subregulation (1), give written notice of the decision to the person conducting a business or undertaking at the workplace.\n394—Meaning of lead risk work\nIn this Part—\nlead risk work means work carried out in a lead process that is likely to cause the blood lead level of a worker carrying out the work to exceed—\n\t(a)\tfor the period up to and including 30 June 2021—\n\t(i)\tin the case of a female of reproductive capacity—10μg/dL (0.48μmol/L); or\n\t(ii)\tin any other case—30μg/dL (1.45μmol/L); or\n\t(b)\tfrom 1 July 2021—\n\t(i)\tin the case of a female of reproductive capacity—5μg/dL (0.24μmol/L); or\n\t(ii)\tin any other case—20μg/dL (0.97μmol/L).\n395—Duty to give information about health risks of lead process\n\t(1)\tA person conducting a business or undertaking that carries out a lead process must give information about the lead process to—\n\t(a)\ta person who is likely to be engaged to carry out the lead process—before the person is engaged; and\n\t(b)\ta worker for the business or undertaking—before the worker commences the lead process.\n\t(2)\tIf work is identified as lead risk work after a worker commences the work, the person conducting a business or undertaking must give information about the lead process to the worker as soon as practicable after it is identified as lead risk work and before health monitoring of the worker is provided under Division 4 of this Part.\n\t(3)\tThe information that must be given is—\n\t(a)\tinformation about the health risks and toxic effects associated with exposure to lead; and\n\t(b)\tif the lead process involves lead risk work—the need for, and details of, health monitoring under Division 4 of this Part.\nDivision 2—Control of risk\n396—Containment of lead contamination\nA person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that contamination by lead is confined to a lead process area at the workplace.\n397—Cleaning methods\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a lead process area at the workplace is kept clean.\n\t(2)\tThe person must ensure that the methods used to clean a lead process area—\n\t(a)\tdo not create a risk to the health of persons in the immediate vicinity of the area; and\n\t(b)\tdo not have the potential to spread the contamination of lead.\n398—Prohibition on eating, drinking and smoking\n\t(1)\tA person conducting a business or undertaking at a workplace must take all reasonable steps to ensure that a person does not eat, drink, chew gum, smoke or carry materials used for smoking in a lead process area at the workplace.\n\t(2)\tA person conducting a business or undertaking at a workplace must provide workers with an eating and drinking area that, so far as is reasonably practicable, cannot be contaminated with lead from a lead process.\n399—Provision of changing and washing facilities\n\t(1)\tA person conducting a business or undertaking at a workplace must provide and maintain in good working order changing rooms and washing, showering and toilet facilities at the workplace so as to—\n\t(a)\tminimise secondary lead exposure from contaminated clothing; and\n\t(b)\tminimise ingestion of lead; and\n\t(c)\tavoid the spread of lead contamination.\n\t(2)\tThe person must ensure, so far as is reasonably practicable, that workers at the workplace remove clothing and equipment that is or is likely to be contaminated with lead, and wash their hands and faces, before entering an eating or drinking area at the workplace.\n400—Laundering, disposal and removal of personal protective equipment\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure that personal protective equipment that is likely to be contaminated with lead dust—\n\t(a)\tis sealed in a container before being removed from the lead process area; and\n\t(b)\tso far as is reasonably practicable, is disposed of on the completion of the lead process work at a site equipped to accept lead‑contaminated equipment; and\n\t(i)\tis laundered at a laundry, whether on‑site or off‑site, equipped to launder lead‑contaminated clothing; or\n\t(ii)\tif it is not practicable to launder the clothing, is kept in the sealed container until it is re‑used for lead process work; and\n\t(i)\tis decontaminated before it is removed from the lead process area; or\n\t(ii)\tif it is not practicable to decontaminate the equipment in the lead process area, is kept in the sealed container until it is re‑used for lead process work.\n\t(2)\tThe person must ensure that a sealed container referred to in subregulation (1) is decontaminated before being removed from the lead process area.\nRegulation 335 also requires the container to be labelled to indicate the presence of lead.\n\t(3)\tThe person must take all reasonable steps to ensure that clothing contaminated with lead‑dust is not removed from the workplace unless it is to be—\n\t(a)\tlaundered in accordance with this regulation; or\n\t(b)\tdisposed of.\n401—Review of control measures\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure that any measures implemented to control health risks from exposure to lead at the workplace are reviewed and, as necessary, revised in the following circumstances:\n\t(a)\ta worker is removed from carrying out lead risk work at the workplace under regulation 415;\n\t(b)\tthe person obtains a health monitoring report for a worker under Division 4 that contains—\n\t(i)\ttest results that indicate that the worker has reached or exceeded the relevant blood lead level for that worker under regulation 415; and\n\t(ii)\tany advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the lead risk work that triggered the requirement for health monitoring; and\n\t(iii)\tany recommendation that the person conducting the business or undertaking take remedial measures, including a recommendation that the worker be removed from carrying out lead risk work at the workplace;\n\t(c)\tthe control measure does not control the risk it was implemented to control so far as is reasonably practicable;\n1\tResults of any monitoring.\n2\tA notifiable incident occurs because of the risk.\n\t(d)\tbefore a change at the workplace that is likely to give rise to a new or different risk to health or safety that the measure may not effectively control;\n\t(e)\ta new relevant hazard or risk is identified;\n\t(f)\tthe results of consultation by the person under the Act or these regulations indicate that a review is necessary;\n\t(g)\ta health and safety representative requests a review under subregulation (3);\n\t(h)\tthe regulator requires the review;\n\t(i)\tat least once every 5 years.\n\t(2)\tWithout limiting subregulation (1)(d), a change at the workplace includes—\n\t(a)\ta change to the workplace itself or any aspect of the work environment; or\n\t(b)\ta change to a system of work, a process or a procedure.\n\t(3)\tA health and safety representative for workers at a workplace may request a review of a control measure if the representative reasonably believes that—\n\t(a)\ta circumstance referred to in subregulation (1)(a), (b), (c), (d), (e) or (f) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and\n\t(b)\tthe duty holder has not adequately reviewed the control measure in response to the circumstance.\nDivision 3—Lead risk work\n402—Identifying lead risk work\n\t(1)\tA person conducting a business or undertaking at a workplace must assess each lead process carried out by the business or undertaking at the workplace to determine if lead risk work is carried out in the process.\n\t(2)\tIn assessing a lead process, the person must have regard to the following:\n\t(a)\tpast biological monitoring results of workers;\n\t(b)\tairborne lead levels;\n\t(c)\tthe form of lead used;\n\t(d)\tthe tasks and processes required to be undertaken with lead;\n\t(e)\tthe likely duration and frequency of exposure to lead;\n\t(f)\tpossible routes of exposure to lead;\n\t(g)\tany information about incidents, illnesses or diseases in relation to the use of lead at the workplace.\n\t(3)\tIn assessing a lead process, the person must not have regard to the effect of using personal protective equipment on the health and safety of workers at the workplace.\n\t(4)\tIf a person conducting a business or undertaking at a workplace is unable to determine whether lead risk work is carried out in a lead process at the workplace, the process is taken to include lead risk work until the person determines that lead risk work is not carried out in the process.\n403—Notification of lead risk work\n\t(1)\tSubject to subregulation (5), if a person conducting a business or undertaking at a workplace determines that work at the workplace is lead risk work, the person must give the regulator written notice within 7 days that the work is lead risk work.\n\t(2)\tA notice under this regulation must state the kind of lead process being carried out that includes the lead risk work.\n\t(3)\tThe person must—\n\t(a)\tkeep a copy of the notice given to the regulator while the lead risk work is carried out at the workplace; and\n\t(b)\tensure that a copy of the notice is readily accessible to a worker who is likely to be exposed to lead, and the worker's health and safety representative.\n\t(4)\tSubregulation (5) applies to an emergency service organisation in relation to work carried out by an emergency service worker who, at the direction of the emergency service organisation, is—\n\t(a)\trescuing a person; or\n\t(b)\tproviding first aid to the person.\n\t(5)\tThe emergency service organisation must give the notice under subregulation (1) as soon as practicable after determining that the work is lead risk work.\n404—Changes to information in notification of lead risk work\n\t(1)\tA person conducting a business or undertaking at a workplace must give the regulator written notice of any change in the information given in a notice under regulation 403 before the change or as soon as practicable after the person becomes aware of the change.\n\t(2)\tThe person must—\n\t(a)\tkeep a copy of the notice given to the regulator while the lead risk work is carried out at the workplace; and\n\t(b)\tensure that a copy of the notice is readily accessible to a worker who is likely to be exposed to lead, and the worker's health and safety representative.\nDivision 4—Health monitoring\n405—Duty to provide health monitoring before first commencing lead risk work\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure that health monitoring is provided to a worker—\n\t(a)\tbefore the worker first commences lead risk work for the person; and\n\t(b)\t1 month after the worker first commences lead risk work for the person.\n\t(2)\tIf work is identified as lead risk work after a worker commences the work, the person conducting the business or undertaking must ensure that health monitoring of the worker is provided—\n\t(a)\tas soon as practicable after the lead risk work is identified; and\n\t(b)\t1 month after the first monitoring of the worker under paragraph (a).\n406—Duty to ensure that appropriate health monitoring is provided\nSubject to regulation 407, a person conducting a business or undertaking must ensure that health monitoring of a worker referred to in regulation 405 includes health monitoring of a type referred to in an item in Schedule 14, table 14.2 unless—\n\t(a)\tan equal or better type of health monitoring is available; and\n\t(b)\tthe use of that other type of monitoring is recommended by a registered medical practitioner with experience in health monitoring.\n407—Frequency of biological monitoring\n\t(1)\tA person conducting a business or undertaking at a workplace must arrange for biological monitoring of each worker who carries out lead risk work for the person to be carried out at the following times:\n\t(a)\tfor the period up to and including 30 June 2021—\n\t(i)\tin the case of females not of reproductive capacity and males—\n\t(A)\tif the last monitoring shows a blood lead level of less than 30μg/dL (1.45μmol/L)—6 months after the last biological monitoring of the worker; or\n\t(B)\tif the last monitoring shows a blood lead level of 30μg/dL (1.45μmol/L) or more but less than 40μg/dL (1.93μmol/L)—3 months after the last biological monitoring of the worker; or\n\t(C)\tif the last monitoring shows a blood lead level of 40μg/dL (1.93μmol/L) or more—6 weeks after the last biological monitoring of the worker;\n\t(ii)\tin the case of females of reproductive capacity—\n\t(A)\tif the last monitoring shows a blood lead level of less than 10μg/dL (0.48μmol/L)—3 months after the last biological monitoring of the worker; or\n\t(B)\tif the last monitoring shows a blood lead level of 10μg/dL (0.48μmol/L) or more—6 weeks after the last biological monitoring of the worker; or\n\t(b)\tfrom 1 July 2021—\n\t(i)\tin the case of females not of reproductive capacity and males—\n\t(A)\tif the last monitoring shows a blood lead level of less than 10μg/dL (0.48μmol/L)—6 months after the last biological monitoring of the worker; or\n\t(B)\tif the last monitoring shows a blood lead level of 10μg/dL (0.48μmol/L) or more but less than 20μg/dL (0.97μmol/L)—3 months after the last biological monitoring of the worker; or\n\t(C)\tif the last monitoring shows a blood lead level of 20μg/dL (0.97μmol/L) or more—6 weeks after the last biological monitoring of the worker;\n\t(ii)\tin the case of females of reproductive capacity—\n\t(A)\tif the last monitoring shows a blood lead level of less than 5μg/dL (0.24μmol/L)—3 months after the last biological monitoring of the worker; or\n\t(B)\tif the last monitoring shows a blood lead level of 5μg/dL (0.24μmol/L) or more but less than 10μg/dL (0.48μmol/L)—6 weeks after the last biological monitoring of the worker.\n\t(2)\tThe person must increase the frequency of biological monitoring of a worker who carries out lead risk work if the worker carries out an activity that is likely to significantly change the nature or increase the duration or frequency of the worker's lead exposure.\n\t(3)\tThe regulator may determine a different frequency for biological monitoring of workers at a workplace, or a class of workers, carrying out lead risk work having regard to—\n\t(a)\tthe nature of the work and the likely duration and frequency of the workers' lead exposure; and\n\t(b)\tthe likelihood that the blood lead level of the workers will significantly increase.\n\t(4)\tThe regulator must give a person conducting a business or undertaking written notice of a determination under subregulation (3) within 14 days after making the determination.\n\t(5)\tThe person conducting a business or undertaking at the workplace must arrange for biological monitoring to be carried out at the frequency stated in a determination notified to the person under subregulation (4).\nA determination of a different frequency for biological monitoring is a reviewable decision (see regulation 676).\n408—Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience\n\t(1)\tA person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in this Division is carried out by or under the supervision of a registered medical practitioner with experience in health monitoring.\n409—Duty to pay costs of health monitoring\n\t(1)\tA person conducting a business or undertaking must pay all expenses relating to health monitoring referred to in this Division.\n\t(2)\tIf 2 or more persons conducting businesses or undertakings have a duty to provide health monitoring for a worker and have arranged for one of them to commission the health monitoring, the costs of the health monitoring for which any of those persons is liable must be apportioned equally between each of those persons unless they agree otherwise.\n410—Information that must be provided to registered medical practitioner\nA person conducting a business or undertaking who commissions health monitoring for a worker must provide the following information to the registered medical practitioner carrying out or supervising the health monitoring:\n\t(c)\tthe lead risk work that the worker is, or will be, carrying out that has triggered the requirement for health monitoring;\n411—Duty to obtain health monitoring report\n\t(1)\tA person conducting a business or undertaking who commissioned health monitoring referred to in this Division must take all reasonable steps to obtain a health monitoring report from the registered medical practitioner who carried out or supervised the monitoring as soon as practicable after the monitoring is carried out in relation to a worker.\n\t(d)\tthe date of health monitoring;\n\t(e)\tif a blood sample is taken—the date the blood sample is taken;\n\t(f)\tthe results of biological monitoring that indicate blood lead levels in the worker's body;\n\t(g)\tthe name of the pathology service used to carry out tests;\n\t(h)\tany test results that indicate that the worker has reached or exceeded the relevant blood lead level for that worker under regulation 415;\n\t(i)\tany advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the lead risk work that triggered the requirement for health monitoring;\n\t(j)\tany recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the type of work that triggered the requirement for health monitoring;\nThe duty under regulation 415 to remove a worker from carrying out lead risk work applies even if there is no recommendation of a registered medical practitioner to do so.\n\t(k)\twhether medical counselling is required for the worker in relation to the work that triggered the requirement for health monitoring.\n412—Duty to give health monitoring report to worker\nA person conducting a business or undertaking who commissioned health monitoring for a worker must give a copy of the health monitoring report to the worker as soon as practicable after the person obtains the report.\n413—Duty to give health monitoring report to regulator\nA person conducting a business or undertaking for which a worker is carrying out work for which health monitoring is required must give a copy of the health monitoring report relating to the worker to the regulator as soon as practicable after obtaining the report if the report contains—\n\t(a)\ttest results that indicate that the worker has reached or exceeded the relevant blood lead level for that person under regulation 415; or\n\t(b)\tany advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring; or\n\t(c)\tany recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work that triggered the requirement for health monitoring.\n414—Duty to give health monitoring report to relevant persons conducting businesses or undertakings\nA person conducting a business or undertaking who commissioned health monitoring for a worker under this Division must give a copy of the health monitoring report to all other persons conducting businesses or undertakings who have a duty to provide health monitoring for the worker as soon as practicable after obtaining the report.\n415—Removal of worker from lead risk work\n\t(1)\tA person conducting a business or undertaking for which a worker is carrying out work must immediately remove the worker from carrying out lead risk work if following health monitoring—\n\t(a)\tbiological monitoring of the worker shows that the worker's blood lead level is, or is more than—\n\t(i)\tfor the period up to and including 30 June 2021—\n\t(A)\tin the case of females not of reproductive capacity and males—50μg/dL (2.42μmol/L); or\n\t(B)\tin the case of females of reproductive capacity—20μg/dL (0.97μmol/L); or\n\t(C)\tin the case of females who are pregnant or breastfeeding—15μg/dL (0.72μmol/L); or\n\t(ii)\tfrom 1 July 2021—\n\t(A)\tin the case of females not of reproductive capacity and males—30μg/dL (1.45μmol/L); or\n\t(B)\tin the case of females of reproductive capacity—10μg/dL (0.48μmol/L); or\n\t(b)\tthe registered medical practitioner who supervised the health monitoring recommends that the worker be removed from carrying out the lead risk work; or\n\t(c)\tthere is an indication that a risk control measure has failed and as a result, the worker's blood lead level is likely to reach the relevant level for the worker referred to in paragraph (a).\n\t(2)\tThe person must notify the regulator as soon as practicable if a worker is removed from carrying out lead risk work under subregulation (1).\n416—Duty to ensure medical examination if worker removed from lead risk work\n\t(1)\tThis regulation applies if a worker is removed from carrying out lead risk work under regulation 415.\n\t(2)\tThe person conducting the business or undertaking who removes the worker from carrying out lead risk work must arrange for the worker to be medically examined by a registered medical practitioner with experience in health monitoring within 7 days after the day the worker is removed.\n\t(3)\tThe person must consult the worker in the selection of the registered medical practitioner.\n417—Return to lead risk work after removal\n\t(a)\ta worker is removed from carrying out lead risk work under regulation 415; and\n\t(b)\tthe person conducting a business or undertaking at the workplace who removed the worker expects the worker to return to carrying out lead risk work at the workplace.\n\t(2)\tThe person conducting the business or undertaking must arrange for health monitoring under the supervision of a registered medical practitioner with experience in health monitoring at a frequency decided by the practitioner to determine whether the worker's blood lead level is low enough for the worker to return to carrying out lead risk work.\n\t(3)\tThe person conducting the business or undertaking must ensure that the worker does not return to carrying out lead risk work until—\n\t(a)\tthe worker's blood lead level is less than—\n\t(i)\tfor the period up to and including 30 June 2021—\n\t(A)\tin the case of females not of reproductive capacity and males—40μg/dL (1.93μmol/L); or\n\t(B)\tin the case of females of reproductive capacity—10μg/dL (0.48μmol/L); or\n\t(ii)\tfrom 1 July 2021—\n\t(A)\tin the case of females not of reproductive capacity and males—20μg/dL (0.97μmol/L); or\n\t(B)\tin the case of females of reproductive capacity—5μg/dL (0.24μmol/L); and\n\t(b)\ta registered medical practitioner with experience in health monitoring is satisfied that the worker is fit to return to carrying out lead risk work.\n418—Health monitoring records\n\t(1)\tA person conducting a business or undertaking must ensure that health monitoring reports in relation to a worker carrying out work for the business or undertaking are kept as a confidential record—\n\t(b)\tfor at least 30 years after the record is made.\n\t(2)\tThe person must ensure that the health monitoring report and results of a worker are not disclosed to another person without the worker's written consent.\n\t(3)\tSubregulation (2) does not apply if the record is disclosed under regulation 412, 413 or 414 or to a person who must keep the record confidential under a duty of professional confidentiality.\nChapter 8—Asbestos\nPart 1—Prohibitions and authorised conduct\n419—Work involving asbestos or ACM—prohibitions and exceptions\n\t(1)\tA person conducting a business or undertaking must not carry out, or direct or allow a worker to carry out, work involving asbestos.\n\t(2)\tIn this regulation, work involves asbestos if the work involves manufacturing, supplying, transporting, storing, removing, using, installing, handling, treating, disposing of or disturbing asbestos or ACM.\n\t(3)\tSubregulation (1) does not apply if the work involving asbestos is any of the following:\n\t(a)\tgenuine research and analysis;\n\t(b)\tsampling and identification in accordance with these regulations;\n\t(c)\tmaintenance of, or service work on, non‑friable asbestos or ACM, fixed or installed before 31 December 2003, in accordance with these regulations;\n\t(d)\tremoval or disposal of asbestos or ACM, including demolition, in accordance with these regulations;\n\t(e)\tthe transport and disposal of asbestos or asbestos waste in accordance with the Environment Protection Act 1993;\n\t(f)\tdemonstrations, education or practical training in relation to asbestos or ACM;\n\t(g)\tdisplay, or preparation or maintenance for display, of an artefact or thing that is, or includes, asbestos or ACM;\n\t(h)\tmanagement in accordance with these regulations of in situ asbestos that was installed or fixed before 31 December 2003;\n\t(i)\twork that disturbs asbestos during mining operations that involve the extraction of, or exploration for, a mineral other than asbestos;\n\t(j)\tlaundering asbestos contaminated clothing in accordance with these regulations.\n\t(4)\tSubregulation (1) does not apply if the regulator approves the method adopted for managing risk associated with asbestos.\n\t(5)\tSubregulation (1) does not apply to the following:\n\t(a)\tsoil that a competent person has determined—\n\t(i)\tdoes not contain any visible ACM or friable asbestos; or\n\t(ii)\tif friable asbestos is visible, does not contain more than trace levels of asbestos determined in accordance with AS 4964:2004 (Method for the qualitative identification of asbestos in bulk samples);\n\t(b)\tnaturally occurring asbestos managed in accordance with an asbestos management plan prepared under regulation 432.\nPart 2—General duty\n420—Exposure to airborne asbestos at workplace\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure that—\n\t(a)\texposure of a person at the workplace to airborne asbestos is eliminated so far as is reasonably practicable; and\n\t(b)\tif it is not reasonably practicable to eliminate exposure to airborne asbestos— exposure is minimised so far as is reasonably practicable.\n\t(2)\tA person conducting a business or undertaking at a workplace must ensure that the exposure standard for asbestos is not exceeded at the workplace.\n\t(3)\tSubregulations (1)(a) and (2) do not apply in relation to an asbestos removal area—\n\t(a)\tthat is enclosed to prevent the release of respirable asbestos fibres in accordance with regulation 477; and\n\t(b)\tin which negative pressure is used in accordance with that regulation.\nPart 3—Management of asbestos and associated risks\n421—Application of Chapter 8 Part 3\n\t(1)\tThis Part does not apply to naturally occurring asbestos.\n\t(2)\tRegulations 425, 426, 427, 428, 429 and 430 do not apply to any part of residential premises that is used only for residential purposes.\n422—Asbestos to be identified or assumed at workplace\n\t(1)\tA person with management or control of a workplace must ensure, so far as is reasonably practicable, that all asbestos or ACM at the workplace is identified by a competent person.\n\t(2)\tA person with management or control of a workplace must—\n\t(a)\tif material at the workplace cannot be identified but a competent person reasonably believes that the material is asbestos or ACM—assume that the material is asbestos; and\n\t(b)\tif part of the workplace is inaccessible to workers and likely to contain asbestos or ACM—assume that asbestos is present in the part of the workplace.\n\t(3)\tSubregulation (1) does not apply if the person—\n\t(a)\tassumes that asbestos or ACM is present; or\n\t(b)\thas reasonable grounds to believe that asbestos or ACM is not present.\n\t(4)\tIf asbestos or ACM is assumed to be present at a workplace, it is taken to be identified at the workplace.\n423—Analysis of sample\n\t(1)\tA person with management or control of a workplace may identify asbestos or ACM by arranging for a sample of material at the workplace to be analysed for the presence of asbestos or ACM.\n\t(2)\tIf a person with management or control of a workplace arranges for an analysis, the person must ensure that the sample is analysed only by—\n\t(a)\ta NATA‑accredited laboratory accredited for the relevant test method; or\n\t(b)\ta laboratory approved by the regulator in accordance with guidelines published by Safe Work Australia; or\n\t(c)\ta laboratory operated by the regulator.\n424—Presence and location of asbestos to be indicated\nA person with management or control of a workplace must ensure that—\n\t(a)\tthe presence and location of asbestos or ACM identified at the workplace under regulation 422 is clearly indicated; and\n\t(b)\tif it is reasonably practicable to do so, indicate the presence and location of the asbestos or ACM by a label.\n425—Asbestos register\n\t(1)\tA person with management or control of a workplace must ensure that a register (an asbestos register) is prepared and kept at the workplace.\n\t(2)\tThe person must ensure that the asbestos register is maintained to ensure the information in the register is up to date.\n\t(3)\tThe asbestos register must—\n\t(a)\trecord any asbestos or ACM identified at the workplace under regulation 422, or likely to be present at the workplace from time to time including—\n\t(i)\tthe date on which the asbestos or ACM was identified; and\n\t(ii)\tthe location, type and condition of the asbestos or ACM; or\n\t(b)\tstate that no asbestos or ACM is identified at the workplace if the person knows that no asbestos or ACM is identified, or is likely to be present from time to time, at the workplace.\n\t(4)\tThe person is not required to prepare an asbestos register for a workplace if a register has already been prepared for that workplace.\n\t(5)\tSubject to subregulation (6), this regulation applies to buildings whenever constructed.\n\t(6)\tThis regulation does not apply to a workplace if—\n\t(a)\tthe workplace is a building that was constructed after 31 December 2003; and\n\t(b)\tno asbestos has been identified at the workplace; and\n\t(c)\tno asbestos is likely to be present at the workplace from time to time.\n426—Review of asbestos register\nA person with management or control of a workplace where an asbestos register is kept must ensure that the register is reviewed and as necessary revised if—\n\t(a)\tthe asbestos management plan is reviewed under regulation 430; or\n\t(b)\tfurther asbestos or ACM is identified at the workplace; or\n\t(c)\tasbestos is removed from, or disturbed, sealed or enclosed at, the workplace.\n427—Access to asbestos register\n\t(1)\tA person with management or control of a workplace where an asbestos register is kept must ensure that the asbestos register is readily accessible to—\n\t(c)\ta person conducting a business or undertaking who has carried out, carries out or intends to carry out, work at the workplace; and\n\t(d)\ta person conducting a business or undertaking who has required, requires, or intends to require work to be carried out at the workplace.\n\t(2)\tIf a person conducting a business or undertaking carries out, or intends to carry out, work at a workplace that involves a risk of exposure to airborne asbestos, the person with management or control of the workplace must ensure that the person is given a copy of the asbestos register.\n428—Transfer of asbestos register by person relinquishing management or control\nIf a person with management or control of a workplace plans to relinquish management or control of the workplace, the person must ensure, so far as is reasonably practicable, that the asbestos register is given to the person, if any, assuming management or control of the workplace.\n429—Asbestos management plan\n\t(1)\tThis regulation applies if asbestos or ACM is—\n\t(a)\tidentified at a workplace under regulation 422; or\n\t(b)\tlikely to be present at a workplace from time to time.\n\t(2)\tA person with management or control of the workplace must ensure that a written plan (an asbestos management plan) for the workplace is prepared.\n\t(3)\tA person with management or control of the workplace must ensure that the asbestos management plan is maintained to ensure the information in the plan is up to date.\n\t(4)\tAn asbestos management plan must include information about the following:\n\t(a)\tthe identification of asbestos or ACM;\nA reference or link to the asbestos register for the workplace and signage and labelling.\n\t(b)\tdecisions, and reasons for decisions, about the management of asbestos at the workplace;\nSafe work procedures and control measures.\n\t(c)\tprocedures for detailing incidents or emergencies involving asbestos or ACM at the workplace;\n\t(d)\tworkers carrying out work involving asbestos.\nConsultation, responsibilities, information and training.\n\t(5)\tA person with management or control of a workplace must ensure that a copy of the asbestos management plan for the workplace is readily accessible to—\n\t(c)\ta person conducting a business or undertaking who has carried out, carries out or intends to carry out, work at the workplace; and\n\t(d)\ta person conducting a business or undertaking who has required, requires, or intends to require work to be carried out at the workplace.\n430—Review of asbestos management plan\n\t(1)\tA person with management or control of a workplace that has an asbestos management plan must ensure that the plan is reviewed and as necessary revised in the following circumstances:\n\t(a)\tthere is a review of the asbestos register or a control measure;\n\t(b)\tasbestos is removed from, or disturbed, sealed or enclosed at, the workplace;\n\t(c)\tthe plan is no longer adequate for managing asbestos or ACM at the workplace;\n\t(d)\ta health and safety representative requests a review under subregulation (2);\n\t(e)\tat least once every 5 years.\n\t(2)\tA health and safety representative for workers at a workplace may request a review of an asbestos management plan if the representative reasonably believes that—\n\t(a)\ta circumstance referred to in subregulation (1)(a), (b) or (c) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and\n\t(b)\tthe person with management and control of the workplace has not adequately reviewed the asbestos management plan in response to the circumstance.\nPart 4—Management of naturally occurring asbestos\n431—Naturally occurring asbestos\nThe person with management or control of a workplace must manage, in accordance with Chapter 3 Part 1, risks to health and safety associated with naturally occurring asbestos at the workplace.\n432—Asbestos management plan\n\t(1)\tThis regulation applies if naturally occurring asbestos is—\n\t(a)\tidentified at a workplace; or\n\t(b)\tlikely to be present at a workplace.\n\t(2)\tA person with management or control of the workplace must ensure that a written plan (an asbestos management plan) for the workplace is prepared in relation to the naturally occurring asbestos.\n\t(3)\tA person with management or control of the workplace must ensure that the asbestos management plan is maintained to ensure the information in the plan is up to date.\n\t(4)\tAn asbestos management plan must include information about the following:\n\t(a)\tthe identification of naturally occurring asbestos;\n\t(b)\tdecisions, and reasons for decisions, about the management of naturally occurring asbestos at the workplace;\nSafe work procedures and control measures.\n\t(c)\tprocedures for detailing incidents or emergencies involving naturally occurring asbestos at the workplace;\n\t(d)\tworkers carrying out work involving naturally occurring asbestos.\nConsultation, responsibilities, information and training.\n\t(5)\tA person with management or control of a workplace must ensure that a copy of the asbestos management plan for naturally occurring asbestos at the workplace is readily accessible to—\n\t(c)\ta person conducting a business or undertaking who has carried out, carries out or intends to carry out, work at the workplace; and\n\t(d)\ta person conducting a business or undertaking who has required, requires, or intends to require work to be carried out at the workplace.\n433—Review of asbestos management plan\nA person with management or control of a workplace that has an asbestos management plan for naturally occurring asbestos must ensure that the plan is reviewed and as necessary revised if the plan is no longer adequate for managing naturally occurring asbestos at the workplace.\nA control measure is revised under regulation 38.\n434—Training in relation to naturally occurring asbestos\nA person conducting a business or undertaking must ensure that the training required under regulation 445 includes training in the hazards and risks associated with naturally occurring asbestos for workers who carry out work where naturally occurring asbestos is likely to be found.\nPart 5—Asbestos at the workplace\nDivision 1—Health monitoring\n435—Duty to provide health monitoring\n\t(1)\tA person conducting a business or undertaking must ensure that health monitoring is provided, in accordance with regulation 436, to a worker carrying out work for the business or undertaking if the worker is—\n\t(a)\tcarrying out licensed asbestos removal work at a workplace and is at risk of exposure to asbestos when carrying out the work; or\n\t(b)\tis carrying out other ongoing asbestos removal work or asbestos‑related work and is at risk of exposure to asbestos when carrying out the work.\n\t(2)\tFor the purposes of subregulation (1)(a), the person must ensure that the health monitoring of the worker commences before the worker carries out licensed asbestos removal work.\n\t(3)\tThe person must ensure that the worker is informed of any health monitoring requirements before the worker carries out any work that may expose the worker to asbestos.\n436—Duty to ensure that appropriate health monitoring is provided\nA person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in regulation 435 includes—\n\t(a)\tconsideration of—\n\t(i)\tthe worker's demographic, medical and occupational history; and\n\t(ii)\trecords of the worker's personal exposure; and\n\t(b)\ta physical examination of the worker,\nunless another type of health monitoring is recommended by a registered medical practitioner.\n437—Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience\n\t(1)\tA person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in regulation 435 is carried out by or under the supervision of a registered medical practitioner with experience in health monitoring.\n438—Duty to pay costs of health monitoring\n\t(1)\tA person conducting a business or undertaking must pay all expenses relating to health monitoring referred to in regulation 435.\n\t(2)\tIf 2 or more persons conducting businesses or undertakings have a duty to provide health monitoring for a worker and have arranged for one of them to commission the health monitoring, the costs of the health monitoring for which any of those persons is liable must be apportioned equally between each of those persons unless they agree otherwise.\n439—Information that must be provided to registered medical practitioner\nA person conducting a business or undertaking who commissions health monitoring for a worker must provide the following information to the registered medical practitioner carrying out or supervising the health monitoring:\n440—Duty to obtain health monitoring report\n\t(1)\tA person conducting a business or undertaking who commissioned health monitoring referred to in regulation 435 must take all reasonable steps to obtain a health monitoring report from the registered medical practitioner who carried out or supervised the monitoring as soon as practicable after the monitoring is carried out in relation to a worker.\n\t(d)\tthe date of health monitoring;\n\t(e)\tany advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring;\n\t(f)\tany recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the type of work that triggered the requirement for health monitoring;\n\t(g)\twhether medical counselling is required for the worker in relation to the work that triggered the requirement for health monitoring.\n441—Duty to give health monitoring report to worker\nA person conducting a business or undertaking who commissioned health monitoring for a worker must give a copy of the health monitoring report to the worker as soon as practicable after the person obtains the report.\n442—Duty to give health monitoring report to regulator\nA person conducting a business or undertaking for which a worker is carrying out work for which health monitoring is required must give a copy of the health monitoring report relating to a worker to the regulator as soon as practicable after obtaining the report if the report contains—\n\t(a)\tany advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring; or\n\t(b)\tany recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work referred to in regulation 435.\n443—Duty to give health monitoring report to relevant persons conducting businesses or undertakings\nA person conducting a business or undertaking who commissioned health monitoring for a worker must give a copy of the health monitoring report to all other persons conducting businesses or undertakings who have a duty to provide health monitoring for the worker as soon as practicable after obtaining the report.\n444—Health monitoring records\n\t(1)\tA person conducting a business or undertaking must ensure that health monitoring reports in relation to a worker carrying out work for the business or undertaking are kept as a confidential record—\n\t(b)\tfor at least 40 years after the record is made.\n\t(2)\tThe person must ensure that the health monitoring report and results of a worker are not disclosed to another person without the worker's written consent.\n\t(3)\tSubregulation (2) does not apply if the record is disclosed under regulation 442 or 443 or to a person who must keep the record confidential under a duty of professional confidentiality.\nDivision 2—Training\n445—Duty to train workers about asbestos\n\t(1)\tIn addition to the training required by Division 1 of Chapter 3 Part 2, a person conducting a business or undertaking must ensure that workers engaged by the person, whom the person reasonably believes may be involved in asbestos removal work or in the carrying out of asbestos‑related work, are trained in the identification and safe handling of, and suitable control measures for, asbestos and ACM.\n\t(2)\tThis regulation does not apply in relation to a worker referred to in regulation 460.\n\t(3)\tThe person must ensure that a record is kept of the training undertaken by the worker—\n\t(a)\twhile the worker is carrying out the work; and\n\t(b)\tfor 5 years after the day the worker ceases working for the person.\n\t(4)\tThe person must keep the record available for inspection under the Act.\nDivision 3—Control on use of certain equipment\n446—Duty to limit use of equipment\n\t(1)\tA person conducting a business or undertaking must not use, or direct or allow a worker to use, either of the following on asbestos or ACM:\n\t(a)\thigh-pressure water spray;\n\t(b)\tcompressed air.\n\t(2)\tSubregulation (1)(a) does not apply to the use of a high pressure water spray for fire fighting or fire protection purposes.\n\t(3)\tA person conducting a business or undertaking must not use, or direct or allow a worker to use, any of the following equipment on asbestos or ACM unless the use of the equipment is controlled:\n\t(a)\tpower tools;\n\t(b)\tbrooms;\n\t(c)\tany other implements that cause the release of airborne asbestos into the atmosphere.\n\t(4)\tIn subregulation (3), the use of equipment is controlled if—\n\t(a)\tthe equipment is enclosed during its use; or\n\t(b)\tthe equipment is designed to capture or suppress airborne asbestos and is used in accordance with its design; or\n\t(c)\tthe equipment is used in a way that is designed to capture or suppress airborne asbestos safely; or\n\t(d)\tany combination of paragraphs (a), (b) and (c) applies.\nPart 6—Demolition and refurbishment\n447—Application—Chapter 8 Part 6\n\t(1)\tThis Part applies to the demolition or refurbishment of a structure or plant constructed or installed before 31 December 2003.\ndemolition or refurbishment does not include minor or routine maintenance work, or other minor work.\n448—Review of asbestos register\nThe person with management or control of a workplace must ensure that, before demolition or refurbishment is carried out at the workplace, the asbestos register for the workplace is—\n\t(a)\treviewed; and\n\t(b)\tif the register is inadequate having regard to the proposed demolition or refurbishment—revised.\nThe register identifies an inaccessible area that is likely to contain asbestos and the area is likely to be accessible because of demolition.\n449—Duty to give asbestos register to person conducting business or undertaking of demolition or refurbishment\nThe person with management or control of a workplace must ensure that the person conducting a business or undertaking who carries out the demolition or refurbishment is given a copy of the asbestos register before the demolition or refurbishment is commenced.\n450—Duty to obtain asbestos register\nA person conducting a business or undertaking who carries out demolition or refurbishment at a workplace must obtain a copy of the asbestos register from the person with management or control of the workplace, before the person commences the demolition or refurbishment.\n451—Determining presence of asbestos or ACM\n\t(a)\tdemolition or refurbishment is to be carried out at a workplace; and\n\t(b)\tthere is no asbestos register for the structure or plant to be demolished or refurbished at the workplace.\n\t(2)\tThe person conducting a business or undertaking who is to carry out the demolition or refurbishment must not carry out the demolition or refurbishment until the structure or plant has been inspected to determine whether asbestos or ACM is fixed to or installed in the structure or plant.\n\t(3)\tThe person conducting a business or undertaking who is to carry out the demolition or refurbishment must ensure that the determination is undertaken by a competent person.\n\t(4)\tThe person conducting a business or undertaking who is to carry out the demolition or refurbishment must assume that asbestos or ACM is fixed to or installed in the structure or plant if—\n\t(a)\tthe competent person is, on reasonable grounds, uncertain whether or not asbestos is fixed to or installed in the structure or plant; or\n\t(b)\tpart of the structure or plant is inaccessible and likely to be disturbed.\n\t(5)\tIf asbestos or ACM is determined or assumed to be fixed to or installed in the structure or plant, the person conducting a business or undertaking who is to carry out the demolition or refurbishment must inform—\n\t(a)\tif the workplace is residential premises—\n\t(i)\tthe occupier of the premises; and\n\t(ii)\tthe owner of the premises; and\n\t(b)\tin any other case—the person with management or control of the workplace.\n452—Identification and removal of asbestos before demolition\n\t(1)\tThis regulation applies if a structure or plant at a workplace is to be demolished.\n\t(2)\tThis regulation does not apply—\n\t(a)\tin an emergency to which regulation 454 applies; or\n\t(b)\tto residential premises.\n\t(3)\tThe person with management or control of the workplace, or of the structure or plant, must ensure—\n\t(a)\tthat all asbestos that is likely to be disturbed by the demolition is identified; and\n\t(b)\tso far as is reasonably practicable, that the asbestos is removed before the demolition is commenced.\n\t(4)\tSubregulation (3)(b) does not apply if the purpose of the demolition is to gain access to the asbestos.\n453—Identification and removal of asbestos before demolition of residential premises\n\t(1)\tA person conducting a business or undertaking that is to carry out the demolition of residential premises must ensure—\n\t(a)\tthat all asbestos that is likely to be disturbed by the demolition is identified; and\n\t(b)\tso far as is reasonably practicable, that the asbestos is removed before the demolition is commenced.\n\t(2)\tThis regulation does not apply in an emergency to which regulation 455 applies.\n\t(3)\tSubregulation (1)(b) does not apply if the purpose of the demolition is to gain access to the asbestos.\n454—Emergency procedure\n\t(a)\tan emergency occurs at a workplace other than residential premises; and\n\t(b)\ta structure or plant at the workplace must be demolished; and\n\t(c)\tasbestos is fixed to or installed in the structure or plant before the emergency occurs.\n\t(2)\tThe person with management or control of the workplace must ensure, so far as is reasonably practicable, that—\n\t(a)\tbefore the demolition is commenced, a procedure is developed that will, so far as is reasonably practicable, reduce the risk of exposure of workers and persons in the vicinity of the demolition site to asbestos to below the exposure standard; and\n\t(b)\tthe asbestos register for the workplace is considered in the development of the procedure.\n\t(3)\tThe person must ensure that the regulator is given written notice about the emergency—\n\t(a)\timmediately after the person becomes aware of the emergency; and\n\t(b)\tbefore the demolition is commenced.\n\t(4)\tFor the purposes of this regulation, an emergency occurs if—\n\t(a)\ta structure or plant is structurally unsound; or\n\t(b)\tcollapse of the structure or plant is imminent.\n455—Emergency procedure—residential premises\n\t(a)\tan emergency occurs at residential premises; and\n\t(b)\ta structure or plant at the premises must be demolished; and\n\t(c)\tasbestos is fixed to or installed in the structure or plant before the emergency occurs.\n\t(2)\tA person conducting a business or undertaking who is to carry out the demolition of the residential premises must ensure so far as is reasonably practicable, that, before the demolition is commenced, a procedure is developed that will, so far as is reasonably practicable, reduce the risk of exposure of workers and persons in the vicinity of the demolition site to asbestos to below the exposure standard.\n\t(3)\tThe person must ensure that the regulator is given written notice about the emergency—\n\t(a)\timmediately after the person becomes aware of the emergency; and\n\t(b)\tbefore the demolition is commenced.\n\t(4)\tFor the purposes of this regulation, an emergency occurs if—\n\t(a)\ta structure or plant is structurally unsound; or\n\t(b)\tcollapse of the structure or plant is imminent.\n456—Identification and removal of asbestos before refurbishment\n\t(1)\tThis regulation applies if a structure or plant at a workplace is to be refurbished.\n\t(2)\tThis regulation does not apply to residential premises.\n\t(3)\tThe person with management or control of the workplace, or of the structure or plant, must ensure—\n\t(a)\tthat all asbestos that is likely to be disturbed by the refurbishment is identified; and\n\t(b)\tso far as is reasonably practicable, that the asbestos is removed before the refurbishment is commenced.\n457—Refurbishment of residential premises\nA person conducting a business or undertaking who is to carry out refurbishment of residential premises must ensure—\n\t(a)\tthat all asbestos that is likely to be disturbed by the refurbishment is identified; and\n\t(b)\tso far as is reasonably practicable, that the asbestos is removed before the refurbishment is commenced.\nPart 7—Asbestos removal work\nIn this Part some duties are placed on licensed asbestos removalists and some on asbestos removalists generally.\n458—Duty to ensure asbestos removalist is licensed\n\t(1)\tA person conducting a business or undertaking that commissions the removal of asbestos must ensure that the asbestos removal work is carried out by a licensed asbestos removalist who is licensed to carry out the work.\n\t(2)\tSubregulation (1) does not apply if the asbestos to be removed is—\n\t(a)\t10 square metres or less of non‑friable asbestos or ACD associated with the removal of that amount of non‑friable asbestos; or\n\t(b)\tACD that is not associated with the removal of friable or non‑friable asbestos and is only a minor contamination.\n\t(3)\tIf subregulation (2) applies, the person conducting the business or undertaking that commissions the asbestos removal work must ensure that the work is carried out by a competent person who has been trained in accordance with regulation 445.\n459—Asbestos removal supervisor must be present or readily available\nA licensed asbestos removalist must ensure that the nominated asbestos removal supervisor for asbestos removal work is—\n\t(a)\tif the asbestos removal work requires a Class A asbestos removal licence—present at the asbestos removal area whenever the asbestos removal work is being carried out; and\n\t(b)\tif the asbestos removal work requires a Class B asbestos removal licence—readily available to a worker carrying out asbestos removal work whenever the work is being carried out.\n460—Asbestos removal worker must be trained\n\t(1)\tA licensed asbestos removalist must not direct or allow a worker to carry out licensed asbestos removal work unless the removalist is satisfied that the worker holds a certification in relation to the specified VET course for asbestos removal relevant to the class of licensed asbestos removal work to be carried out by the worker.\n\t(2)\tA licensed asbestos removalist must provide appropriate training to a worker carrying out licensed asbestos removal work at a workplace to ensure that the work is carried out in accordance with the asbestos removal control plan for the workplace.\nappropriate training means training designed specifically for the workplace where the licensed asbestos removal work is carried out and the work to be carried out at the workplace.\nUnless this regulation applies, the obligation to provide training to workers carrying out unlicensed asbestos removal work is set out in regulation 445.\n461—Licensed asbestos removalist must keep training records\n\t(1)\tA licensed asbestos removalist must keep a record of the training undertaken by a worker carrying out licensed asbestos removal work—\n\t(a)\twhile the worker is carrying out licensed asbestos removal work; and\n\t(b)\tfor 5 years after the day the worker stopped carrying out licensed asbestos removal work for the removalist.\n\t(2)\tThe licensed asbestos removalist must ensure that the training record is readily accessible at the asbestos removal area and available for inspection under the Act.\n462—Duty to give information about health risks of licensed asbestos removal work\nA licensed asbestos removalist must give the following information to a person likely to be engaged to carry out licensed asbestos removal work before the person is engaged to carry out the work:\n\t(a)\tthe health risks and health effects associated with exposure to asbestos;\n\t(b)\tthe need for, and details of, health monitoring of a worker carrying out licensed asbestos removal work.\n463—Asbestos removalist must obtain register\n\t(1)\tA licensed asbestos removalist must obtain a copy of the asbestos register for a workplace before the removalist carries out asbestos removal work at the workplace.\n\t(2)\tSubregulation (1) does not apply if the asbestos removal work is to be carried out at residential premises.\n464—Asbestos removal control plan\n\t(1)\tA licensed asbestos removalist must prepare an asbestos removal control plan for any licensed asbestos removal work the removalist is commissioned to undertake.\n\t(2)\tAn asbestos removal control plan must include—\n\t(a)\tdetails of how the asbestos removal will be carried out, including the method to be used and the tools, equipment and personal protective equipment to be used; and\n\t(b)\tdetails of the asbestos to be removed, including the location, type and condition of the asbestos.\n\t(3)\tThe licensed asbestos removalist must give a copy of the asbestos removal control plan to the person who commissioned the licensed asbestos removal work.\n465—Asbestos removal control plan to be kept and available\n\t(1)\tSubject to subregulation (2), a licensed asbestos removalist must ensure that a copy of the asbestos removal control plan prepared under regulation 464 is kept until the asbestos removal work to which it relates is completed.\n\t(2)\tIf a notifiable incident occurs in connection with the asbestos removal work to which the asbestos removal control plan relates, the licensed asbestos removalist must keep the asbestos removal control plan for at least 2 years after the incident occurs.\n\t(3)\tThe licensed asbestos removalist must ensure that for the period for which the asbestos removal control plan must be kept under this regulation, a copy is—\n\t(a)\treadily accessible to—\n\t(i)\ta person conducting a business or undertaking at the workplace; and\n\t(ii)\tthe person's workers at the workplace, or a health and safety representative who represents the workers; and\n\t(iii)\tif the asbestos removal work is to be carried out in residential premises—the occupants of the premises; and\n\t(b)\tavailable for inspection under the Act.\n466—Regulator must be notified of asbestos removal\n\t(1)\tA licensed asbestos removalist must give written notice to the regulator at least 5 days before the removalist commences licensed asbestos removal work.\n\t(2)\tDespite subregulation (1), licensed asbestos removal work may be commenced immediately if there is—\n\t(a)\ta sudden and unexpected event, including a failure of equipment, that may cause persons to be exposed to respirable asbestos fibres; or\n\t(b)\tan unexpected breakdown of an essential service that requires immediate rectification to enable the service to continue.\n\t(3)\tIf the asbestos must be removed immediately, the licensed asbestos removalist must give notice to the regulator—\n\t(a)\timmediately by telephone; and\n\t(b)\tin writing within 24 hours after notice is given under paragraph (a).\n\t(4)\tA notice under subregulation (1) or (3) must include the following:\n\t(a)\tthe following in relation to the licensed asbestos removalist:\n\t(i)\tname;\n\t(ii)\tregistered business name;\n\t(iii)\tAustralian Business Number;\n\t(iv)\tlicence number;\n\t(v)\tbusiness contact details;\n\t(b)\tthe name and business contact details of the supervisor of the licensed asbestos removal work;\n\t(c)\tthe name of the competent person or licensed asbestos assessor engaged to carry out a clearance inspection and issue a clearance certificate for the work;\n\t(d)\tthe name and contact details of the person for whom the work is to be carried out;\n\t(e)\tthe following in relation to the workplace where the asbestos is to be removed:\n\t(i)\tthe name, including the registered business or company name, of the person with management or control of the workplace;\n\t(ii)\tthe address and, if the workplace is large, the specific location of the asbestos removal;\n\t(iii)\tthe kind of workplace;\n\t(f)\tthe date of the notice;\n\t(g)\tthe date when the asbestos removal work is to commence and the estimated duration of the work;\n\t(h)\twhether the asbestos to be removed is friable or non‑friable;\n\t(i)\tif the asbestos to be removed is friable—the way the area of removal will be enclosed;\n\t(j)\tthe estimated quantity of asbestos to be removed;\n\t(k)\tthe number of workers who are to carry out the asbestos removal work;\n\t(l)\tfor each worker who is to carry out asbestos removal work—details of the worker's competency to carry out asbestos removal work.\n467—Licensed asbestos removalist must inform certain persons about intended asbestos removal work\n\t(1)\tThis regulation applies if a licensed asbestos removalist is to carry out licensed asbestos removal work at a workplace.\n\t(2)\tThe licensed asbestos removalist must, before commencing the licensed asbestos removal work, inform the person with management or control of the workplace—\n\t(a)\tthat licensed asbestos removal work is to be carried out at the workplace; and\n\t(b)\twhen the work is to commence.\n\t(3)\tIf the workplace is residential premises, the licensed asbestos removalist must, so far as is reasonably practicable, before commencing the licensed asbestos removal work inform the following persons that asbestos removal work is to be carried out at the workplace, and when the work is to commence:\n\t(a)\tthe person who commissioned the asbestos removal work;\n\t(b)\ta person conducting a business or undertaking at the workplace;\n\t(c)\tthe occupier of the residential premises;\n\t(d)\tthe owner of the residential premises;\n\t(e)\tanyone occupying premises in the immediate vicinity of the workplace.\n468—Person with management or control of workplace must inform persons about asbestos removal work\n\t(1)\tThis regulation applies if the person with management or control of a workplace is informed that asbestos removal work is to be carried out at the workplace.\n\t(2)\tThe person must ensure that the following persons are informed that asbestos removal work is to be carried out at the workplace and when the work is to commence, before the work commences:\n\t(a)\tthe person's workers and any other persons at the workplace;\n\t(b)\tthe person who commissioned the asbestos removal work.\n\t(3)\tThe person must take all reasonable steps to ensure that the following persons are informed that asbestos removal work is to be carried out at the workplace, and when the work is to commence, before the work commences:\n\t(a)\tanyone conducting a business or undertaking at, or in the immediate vicinity of, the workplace;\n\t(b)\tanyone occupying premises in the immediate vicinity of the workplace.\n469—Signage and barricades for asbestos removal work\nAn asbestos removalist must ensure that—\n\t(a)\tsigns alerting persons to the presence of asbestos are placed to indicate where the asbestos removal work is being carried out; and\n\t(b)\tbarricades are erected to delineate the asbestos removal area.\n470—Limiting access to asbestos removal area\n\t(1)\tThis regulation applies to—\n\t(a)\ta person conducting a business or undertaking at a workplace who commissions a person to carry out licensed asbestos removal work at the workplace; and\n\t(b)\ta person with management or control of a workplace who is aware that licensed asbestos removal work is being carried out at the workplace.\n\t(2)\tSubject to subregulation (4), the person must ensure, so far as is reasonably practicable, that no one other than the following has access to an asbestos removal area:\n\t(a)\tworkers engaged in the asbestos removal work;\n\t(b)\tother persons associated with the asbestos removal work;\n\t(c)\tanyone allowed under these regulations or another law to be in the asbestos removal area.\n\t(3)\tThe person may refuse to allow access to an asbestos removal area at the workplace to anyone who does not comply with—\n\t(a)\ta control measure implemented for the workplace in relation to asbestos; or\n\t(b)\ta direction of the licensed asbestos removalist.\n\t(4)\tA person referred to in subregulation (2)(a), (b) or (c) has access to an asbestos removal area subject to any direction of the licensed asbestos removalist.\n\t(5)\tIf a person referred to in subregulation (2)(a), (b) or (c) has access to an asbestos removal area, the person must comply with any direction of the licensed asbestos removalist.\n471—Decontamination facilities\n\t(1)\tAn asbestos removalist must ensure that facilities are available to decontaminate the following:\n\t(a)\tthe asbestos removal area;\n\t(b)\tany plant used in the asbestos removal area;\n\t(c)\tworkers carrying out asbestos removal work;\n\t(d)\tother persons who have access to the asbestos removal area under regulation 470(2)(b).\n\t(2)\tAn asbestos removalist must ensure that nothing that is likely to be contaminated with asbestos is removed from the asbestos removal area unless the thing—\n\t(a)\tis decontaminated before being removed; or\n\t(b)\tis sealed in a container, and the exterior of the container is, before being removed—\n\t(i)\tdecontaminated; and\n\t(ii)\tlabelled in accordance with the GHS to indicate the presence of asbestos.\n472—Disposing of asbestos waste and contaminated personal protective equipment\n\t(1)\tSubject to subregulations (2) and (3), an asbestos removalist must ensure that asbestos waste—\n\t(a)\tis contained and labelled in accordance with the GHS before the waste is removed from an asbestos removal area; and\n\t(b)\tis disposed of as soon as practicable at a site authorised to accept asbestos waste.\n\t(2)\tAn asbestos removalist must ensure that personal protective equipment used in asbestos removal work and contaminated with asbestos—\n\t(a)\tis sealed in a container before being removed from an asbestos waste area; and\n\t(b)\tso far as is reasonably practicable, is disposed of on the completion of the asbestos removal work at a site authorised to accept asbestos waste; and\n\t(i)\tin the case of clothing used by an emergency service organisation—is laundered by an organisation that supplies and maintains equipment for emergency service organisations; or\n\t(ii)\tin any other case or if it is not practicable to launder the clothing—is kept in the sealed container until it is re‑used for asbestos removal purposes; and\n\t(i)\tis decontaminated before it is removed from the asbestos removal area; or\n\t(ii)\tif it is not practicable to decontaminate the equipment in the asbestos removal area—is kept in the sealed container until it is re‑used for asbestos removal purposes.\n\t(3)\tAn asbestos removalist must ensure that a sealed container referred to in subregulation (2) is decontaminated and labelled in accordance with the GHS to indicate the presence of asbestos before being removed from the asbestos removal area.\n473—Clearance inspection\n\t(1)\tThis regulation applies if a person commissions licensed asbestos removal work at a workplace.\n\t(2)\tThe person or, if the workplace is residential premises, the licensed asbestos removalist must ensure that, when the licensed asbestos removal work is completed, a clearance inspection of the asbestos removal area at the workplace is carried out by—\n\t(a)\tif the asbestos removal work must be carried out by the holder of a Class A asbestos removal licence—an independent licensed asbestos assessor; or\n\t(b)\tin any other case—an independent competent person.\n\t(3)\tIn this regulation, a clearance inspection is an inspection of an asbestos removal area after asbestos removal work has been completed to verify that the area is safe for normal use, that—\n\t(a)\tincludes a visual inspection; and\n\t(b)\tmay include air monitoring.\nIf it is not reasonably practicable for the licensed asbestos assessor or competent person to be independent, the person or licensed asbestos removalist may apply to the regulator for an exemption under Chapter 11 Part 2 from the requirement that the assessor or competent person be independent.\n474—Clearance certificates\n\t(1)\tThis regulation applies if a clearance inspection has been made in accordance with regulation 473.\n\t(2)\tThe licensed asbestos assessor or competent person who carried out the clearance inspection must issue a clearance certificate, in accordance with this regulation, before the asbestos removal area at the workplace is re‑occupied.\n\t(3)\tThe licensed asbestos assessor or competent person must ensure that the asbestos removal area does not pose a risk to health and safety from exposure to asbestos.\n\t(4)\tThe licensed asbestos assessor or competent person must not issue a clearance certificate unless satisfied that—\n\t(a)\tthe asbestos removal area, and the area immediately surrounding it, are free from visible asbestos contamination; and\n\t(b)\tif the assessor or competent person undertook air monitoring as part of the clearance inspection—the monitoring shows asbestos below 0.01 fibres/ml.\n\t(5)\tThe clearance certificate must be in writing and must state that—\n\t(a)\tthe assessor or competent person found no visible asbestos residue from asbestos removal work in the area, or in the vicinity of the area, where the work was carried out; and\n\t(b)\tif air monitoring was carried out by the assessor or competent person as part of the clearance inspection—the airborne asbestos fibre level was less than 0.01 asbestos fibres/ml.\nPart 8—Asbestos removal requiring asbestos removal licence\n475—Air monitoring—asbestos removal requiring asbestos removal licence\n\t(1)\tA person conducting a business or undertaking who commissions asbestos removal work requiring an asbestos removal licence at a workplace must ensure that an independent licensed asbestos assessor undertakes air monitoring of the asbestos removal area at the workplace.\n\t(2)\tIf the workplace is residential premises, the licensed removalist carrying out asbestos removal work requiring an asbestos removal licence at the premises must ensure that an independent licensed asbestos assessor undertakes air monitoring of the asbestos removal area at the premises.\n\t(3)\tThe air monitoring must be carried out—\n\t(a)\timmediately before the licensed asbestos removal work commences, unless glove bags are to be used for the removal; and\n\t(b)\twhile the licensed asbestos removal work is carried out.\n\t(4)\tThe person who commissions the licensed asbestos removal work must ensure that the results of the air monitoring are given to the following:\n\t(a)\tworkers at the workplace;\n\t(b)\thealth and safety representatives for workers at the workplace;\n\t(c)\ta person conducting a business or undertaking at the workplace;\n\t(d)\tother persons at the workplace.\n\t(5)\tIf the workplace is residential premises, the licensed asbestos removalist carrying out the licensed asbestos removal work at the premises must ensure that the results of the air monitoring are given to the following:\n\t(a)\tthe person who commissioned the asbestos removal work;\n\t(b)\tworkers at the workplace;\n\t(c)\thealth and safety representatives for workers at the workplace;\n\t(d)\ta person conducting a business or undertaking at the workplace;\n\t(e)\tthe occupier of the residential premises;\n\t(f)\tthe owner of the residential premises;\n\t(g)\tother persons at the workplace.\n\t(6)\tAn independent licensed asbestos assessor, who undertakes air monitoring for the purposes of this regulation, must use the membrane filter method for the air monitoring.\n476—Action if respirable asbestos fibre level too high\n\t(1)\tThe licensed removalist carrying out asbestos removal work requiring an asbestos removal licence at a workplace must—\n\t(a)\tif respirable asbestos fibre levels are recorded at the asbestos removal area at 0.01 fibres/ml or more, but not more than 0.02 fibres/ml—immediately—\n\t(i)\tinvestigate the cause of the respirable asbestos fibre level; and\n\t(ii)\timplement controls to prevent exposure of anyone to asbestos; and\n\t(iii)\tprevent the further release of respirable asbestos fibres; and\n\t(b)\tif respirable asbestos fibre levels are recorded at the asbestos removal area at more than 0.02 fibres/ml—immediately—\n\t(i)\torder the asbestos removal work to stop; and\n\t(ii)\tnotify the regulator; and\n\t(iii)\tinvestigate the cause of the respirable asbestos fibre level; and\n\t(iv)\timplement controls to prevent exposure of anyone to asbestos; and\n\t(v)\tprevent the further release of respirable asbestos fibre.\n\t(2)\tIf the licensed removalist stops asbestos removal work requiring an asbestos removal licence because the recorded respirable asbestos fibre level exceeds 0.02 fibres/ml, the removalist must ensure that the asbestos removal work does not resume until air monitoring shows that the recorded respirable asbestos fibre level is below 0.01 fibres/ml.\n477—Removing friable asbestos\n\t(1)\tA licensed asbestos removalist removing friable asbestos must ensure, so far as is reasonably practicable, the following:\n\t(a)\tthe asbestos removal area is enclosed to prevent the release of respirable asbestos fibres;\n\t(b)\tsubject to subregulation (3), negative pressure is used;\n\t(c)\tthe wet method of asbestos removal is used;\n\t(d)\tsubject to subregulation (3), the asbestos removal work does not commence until the air monitoring is commenced by a licensed asbestos assessor;\n\t(e)\tair monitoring is undertaken during the asbestos removal work, at times decided by the independent licensed asbestos assessor undertaking the monitoring;\n\t(f)\tany glove bag used to enclose the asbestos removal area is dismantled and disposed of safely.\n\t(2)\tA licensed asbestos removalist must ensure that any enclosure used in removing friable asbestos is tested for leaks.\n\t(3)\tSubregulations (1)(b) and (1)(d) do not apply if glove bags are used in the Class A asbestos removal work.\n\t(4)\tThe licensed removalist must not dismantle an enclosure for a friable asbestos removal area until the removalist receives results of air monitoring, showing that the recorded respirable asbestos fibre level within the enclosure is below 0.01 fibres/ml, from—\n\t(a)\tif the friable asbestos is removed from residential premises—the licensed asbestos assessor who undertook the air monitoring; or\n\t(b)\tin any other case—the person who commissioned the Class A asbestos removal work.\n\t(5)\tThe licensed removalist must ensure that an enclosure for a friable asbestos removal area is dismantled in a way that, so far as is reasonably practicable, eliminates the release of respirable asbestos fibre.\n\t(6)\tThe person who commissioned the removal of the friable asbestos must obtain a clearance certificate from a licensed asbestos assessor after the enclosure for the friable asbestos removal area has been dismantled.\n","sortOrder":27},{"sectionNumber":"Part 9","sectionType":"part","heading":"Asbestos-related work","content":"Part 9—Asbestos-related work\n478—Application of Chapter 8 Part 9\nThis Part applies in relation to asbestos‑related work.\n479—Uncertainty as to presence of asbestos\n\t(1)\tIf there is uncertainty (based on reasonable grounds) as to whether work to be carried out for a business or undertaking is asbestos‑related work, the person conducting the business or undertaking must ensure that analysis of a sample is undertaken to determine if asbestos or ACM is present.\n\t(2)\tFor the purposes of subregulation (1), the person must ensure that the sample is analysed only by—\n\t(a)\ta NATA-accredited laboratory accredited for the relevant test method; or\n\t(b)\ta laboratory approved by the regulator in accordance with guidelines published by Safe Work Australia; or\n\t(c)\ta laboratory operated by the regulator.\n\t(3)\tSubregulation (1) does not apply if the person assumes that asbestos is present.\n480—Duty to give information about health risks of asbestos‑related work\nA person conducting a business or undertaking must give the following information to a person likely to be engaged to carry out asbestos‑related work for the business or undertaking before the person is engaged to carry out the work:\n\t(a)\tthe health risks and health effects associated with exposure to asbestos;\n\t(b)\tthe need for, and details of, health monitoring of a worker carrying out asbestos‑related work.\n481—Asbestos-related work to be in separate area\nA person conducting a business or undertaking that involves the carrying out of asbestos‑related work must ensure that—\n\t(a)\tthe asbestos‑related work area is separated from other work areas at the workplace; and\n\t(b)\tsigns alerting persons to the presence of asbestos are placed to indicate where the asbestos‑related work is being carried out; and\n\t(c)\tbarricades are erected to delineate the asbestos‑related work area.\n482—Air monitoring\n\t(1)\tA person conducting a business or undertaking at a workplace must ensure that a competent person carries out air monitoring of the work area where asbestos‑related work is being carried out if there is uncertainty as to whether the exposure standard is likely to be exceeded.\n\t(2)\tIf the competent person determines that the exposure standard has been exceeded at any time in a work area, the person conducting the business or undertaking must, so far as is reasonably practicable—\n\t(a)\tdetermine the workers and other persons who were in the work area during that time; and\n\t(b)\twarn those workers about possible exposure to respirable asbestos fibres; and\n\t(c)\tso far as is reasonably practicable, warn the other persons about possible exposure to respirable asbestos fibres.\n\t(3)\tThe person conducting the business or undertaking must ensure that information about exposure to respirable asbestos fibres, including the determination made by the competent person and the results of the air monitoring, is readily accessible to the workers and other persons referred to in subregulation (2).\n483—Decontamination facilities\n\t(1)\tA person conducting a business or undertaking for which asbestos‑related work is carried out must ensure that facilities are available to decontaminate the following:\n\t(a)\tthe asbestos‑related work area;\n\t(b)\tany plant used in the asbestos‑related work area;\n\t(c)\tworkers carrying out the asbestos‑related work.\n\t(2)\tThe person must ensure that nothing that is likely to be contaminated with asbestos is removed from the asbestos‑related work area unless the thing—\n\t(a)\tis decontaminated before being removed; or\n\t(b)\tis sealed in a container, and the exterior of the container is—\n\t(i)\tdecontaminated; and\n\t(ii)\tlabelled in accordance with the GHS to indicate the presence of asbestos,\nbefore being removed.\n484—Disposing of asbestos waste and contaminated personal protective equipment\n\t(1)\tSubject to subregulation (2), a person conducting a business or undertaking for which asbestos‑related work is carried out must ensure that asbestos waste—\n\t(a)\tis contained and labelled in accordance with the GHS before the waste is removed from an asbestos‑related work area; and\n\t(b)\tis disposed of as soon as practicable at a site authorised to accept asbestos waste.\n\t(2)\tThe person must ensure that personal protective equipment used in asbestos‑related work and contaminated with asbestos—\n\t(a)\tis sealed in a container, and that the exterior of the container is decontaminated and labelled in accordance with the GHS to indicate the presence of asbestos before being removed; and\n\t(b)\tso far as is reasonably practicable, is disposed of on the completion of the asbestos‑related work at a site authorised to accept asbestos waste; and\n\t(i)\tin the case of clothing used by an emergency service organisation—is laundered by an organisation that supplies and maintains equipment for emergency service organisations; or\n\t(ii)\tin any other case or if it is not practicable to launder the clothing—is kept in the sealed container until it is re‑used for the purposes of asbestos‑related work; and\n\t(i)\tis decontaminated before it is removed from the asbestos removal area; or\n\t(ii)\tif it is not practicable to decontaminate the equipment in the asbestos removal area, is kept in the sealed container until it is re‑used for the purposes of asbestos‑related work.\n\t(3)\tThe person must ensure that a sealed container referred to in subregulation (2) is decontaminated and labelled in accordance with the GHS to indicate the presence of asbestos before being removed from the asbestos‑related work area.\n","sortOrder":28},{"sectionNumber":"Part 10","sectionType":"part","heading":"Licensing of asbestos removalists and asbestos assessors","content":"Part 10—Licensing of asbestos removalists and asbestos assessors\nDivision 1—Asbestos removalists—requirement to be licensed\n485—Requirement to hold Class A asbestos removal licence\n\t(1)\tA person must not carry out the removal of the following at a workplace unless the person, or the person on whose behalf the work is carried out, holds a Class A asbestos removal licence:\n\t(a)\tfriable asbestos;\n\t(b)\texcept as provided in regulation 486, ACD.\n\t(2)\tA person who conducts a business or undertaking must not direct or allow a worker to carry out the removal of the following unless the person holds a Class A asbestos removal licence:\n\t(a)\tfriable asbestos;\n\t(b)\texcept as provided in regulation 486, ACD.\nSee section 43(2) of the Act.\n486—Exception to requirement to hold Class A asbestos removal licence\nA Class A asbestos removal licence is not required for the removal of ACD that—\n\t(a)\tis associated with the removal of non‑friable asbestos; or\n\t(b)\tis not associated with the removal of friable or non‑friable asbestos and is only a minor contamination.\n487—Requirement to hold Class B asbestos removal licence\n\t(1)\tA person must not carry out the removal of the following at a workplace unless the person, or the person on whose behalf the work is carried out, holds a Class B asbestos removal licence or a Class A asbestos removal licence:\n\t(a)\tmore than 10 square metres of non‑friable asbestos or ACM;\n\t(b)\tACD associated with the removal of more than 10 square metres of non‑friable asbestos or ACM.\n\t(2)\tA person who conducts a business or undertaking must not direct or allow a worker to carry out the removal of the following unless the person holds a Class B asbestos removal licence or a Class A asbestos removal licence:\n\t(a)\tmore than 10 square metres of non‑friable asbestos or ACM;\n\t(b)\tACD associated with the removal of more than 10 square metres of non‑friable asbestos or ACM.\nSee section 43(2) of the Act.\n488—Recognition of asbestos removal licences in other jurisdictions\n\t(1)\tIn this Division, a reference to an asbestos removal licence includes a reference to an equivalent licence—\n\t(a)\tgranted under a corresponding WHS law; and\n\t(2)\tSubregulation (1) does not apply to a licence that is suspended or cancelled or has expired in the corresponding jurisdiction.\nDivision 2—Asbestos assessors—requirement to be licensed\n489—Requirement to hold asbestos assessor licence\nA person must not carry out the following at a workplace unless the person holds an asbestos assessor licence:\n\t(a)\tair monitoring during asbestos removal work;\n\t(b)\tclearance inspections for Class A asbestos removal work;\n\t(c)\tissuing clearance certificates in relation to Class A asbestos removal work.\n490—Recognition of asbestos assessor licences in other jurisdictions\n\t(1)\tIn this Division, a reference to an asbestos assessor licence includes a reference to an equivalent licence—\n\t(a)\tgranted under a corresponding WHS law; and\n\t(2)\tSubregulation (1) does not apply to a licence that is suspended or cancelled or has expired in the corresponding jurisdiction.\nDivision 3—Licensing process\n491—Who may apply for a licence\n\t(1)\tOnly a person who conducts, or proposes to conduct, a business or undertaking may apply for an asbestos removal licence.\n\t(2)\tOnly an individual who holds the qualifications set out in regulation 495 may apply for an asbestos assessor licence.\n492—Application for asbestos removal licence or asbestos assessor licence\n\t(1)\tAn application for an asbestos removal licence or asbestos assessor licence must be made in the manner and form required by the regulator.\n\t(a)\tthe name and address of the applicant;\n\t(ab)\tif required by the regulator of an applicant who is an individual, a photograph of the applicant in the form required by the regulator;\n\t(b)\tany other evidence of the applicant's identity required by the regulator;\n\t(c)\tthe class of licence to which the application relates;\n\t(d)\tif, in the case of an asbestos removal licence, the applicant conducts the business or undertaking under a business name—that business name and a certificate or other written evidence of the registration of the business name;\n\t(e)\ta declaration that the applicant does not hold an equivalent licence under a corresponding WHS law;\n\t(f)\tif the applicant is an individual—\n\t(i)\ta declaration as to whether or not the applicant (and in the case of a body corporate, any officer of the body corporate) has ever been convicted or found guilty of any offence under the Act or these regulations or under any corresponding WHS law; and\n\t(iii)\ta declaration as to whether or not the applicant (and in the case of a body corporate, any officer of the body corporate) has been convicted or found guilty of any offence in relation to the unlawful disposal of hazardous waste under the Environment Protection Act 1993 or the law of another jurisdiction; and\n\t(iv)\tdetails of any conviction or finding of guilt declared under subparagraph (iii); and\n\t(v)\ta declaration as to whether or not the applicant has ever entered into an enforceable undertaking under the Act or under any corresponding WHS law; and\n\t(vi)\tdetails of any enforceable undertaking declared under subparagraph (v); and\n\t(vii)\tif the applicant has previously been refused an equivalent licence under a corresponding WHS law, a declaration giving details of that refusal; and\n\t(viii)\tif the applicant has previously held an equivalent licence under a corresponding WHS law, a declaration—\n\t(B)\tstating whether or not that licence had been suspended or cancelled and, if so, whether or not the applicant had been disqualified from applying for any licence; and\n\t(C)\tgiving details of any suspension, cancellation or disqualification;\n\t(g)\tif the applicant is a body corporate, the information referred to in paragraph (f) in relation to—\n\t(i)\tthe body corporate; and\n\t(ii)\teach office holder of the body corporate;\n\t(h)\tin the case of an application for an asbestos removal licence—the additional information referred to in regulation 493 or 494, as applicable;\n\t(i)\tin the case of an asbestos assessor licence—the additional information referred to in regulation 495.\nSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n493—Content of application—Class A asbestos removal licence\n\t(1)\tFor the purposes of regulation 492(2)(h), an application for a Class A asbestos removal licence must include the following:\n\t(a)\tthe names of the competent persons who have been engaged by the applicant to supervise the asbestos removal work to be authorised by the licence;\n\t(b)\tevidence, as required by the regulator, that each named supervisor is at least 18 years of age;\n\t(c)\ta copy of a certification issued to each named supervisor for the specified VET course for the supervision of asbestos removal work;\n\t(d)\tevidence that each named supervisor has at least 3 years of relevant industry experience;\n\t(e)\tevidence that the applicant has a certified safety management system in place.\n\t(2)\tIf the applicant is an individual who proposes to supervise the carrying out of the Class A asbestos removal work, the statement and information referred to in subregulation (1)(b), (c) and (d) must relate to the applicant.\n494—Content of application—Class B asbestos removal licence\n\t(1)\tFor the purposes of regulation 492(2)(h), an application for a Class B asbestos removal licence must include the following:\n\t(a)\tthe name of 1 or more competent persons who have been engaged by the applicant to supervise the asbestos removal work to be authorised by the licence;\n\t(b)\tevidence, as required by the regulator, that each named supervisor is at least 18 years of age;\n\t(c)\ta copy of a certification issued to each named supervisor for the specified VET course for the supervision of asbestos removal work;\n\t(d)\tevidence that each named supervisor has at least 1 year of relevant industry experience.\n\t(2)\tIf the applicant is an individual who proposes to supervise the carrying out of the Class B asbestos removal work, the statement and information referred to in subregulation (1)(b), (c) and (d) must relate to the applicant.\n495—Content of application—asbestos assessor licence\nFor the purposes of regulation 492(2)(i), an application for an asbestos assessor licence must include—\n\t(a)\tevidence that the applicant has acquired through training or experience the knowledge and skills of relevant asbestos removal industry practice; and\n\t(i)\ta copy of a certification held by the applicant in relation to the specified VET course for asbestos assessor work; or\n\t(ii)\tevidence that the applicant holds a tertiary qualification in occupational health and safety, industrial hygiene, science, building construction or environmental health.\n496—Additional information\n\t(1)\tIf an application for a licence does not contain sufficient information to enable the regulator to make a decision whether or not to grant the licence, the regulator may ask the applicant to provide additional information.\n\t(a)\tspecify the date (not being less than 28 days after the request) by which the additional information is to be given; and\n\t(3)\tIf an applicant does not provide the additional information by the date specified, the application is to be taken to have been withdrawn.\n\t(4)\tThe regulator may make more than 1 request for additional information.\n497—Decision on application\n\t(1)\tSubject to subregulation (3), the regulator must grant an asbestos removal licence or asbestos assessor licence if satisfied about—\n\t(a)\tthe matters referred to in subregulation (2); and\n\t(b)\tthe additional matters referred to in regulation 498 or 499, as applicable.\n\t(b)\tthe applicant does not hold an equivalent licence under a corresponding WHS law unless that licence is due for renewal;\n\t(c)\tif the applicant is an individual, the applicant—\n\t(ii)\tresides outside this State and satisfies the regulator that circumstances exist that justify the grant of the licence;\n\t(d)\tif the applicant is a body corporate, the applicant's registered office—\n\t(ii)\tis located outside this State and the applicant has satisfied the regulator that circumstances exist that justify the grant of the licence;\n\t(e)\tthe applicant is able to ensure that the work or other activities to which the licence relates are carried out safely and competently;\n\t(f)\tthe applicant is able to ensure compliance with any conditions that will apply to the licence.\n\t(3)\tThe regulator must refuse to grant a licence if satisfied that—\n\t(a)\tthe applicant is disqualified under a corresponding WHS law from holding an equivalent licence; or\n\t(4)\tIf the regulator decides to grant the licence, it must notify the applicant within 14 days after making the decision.\n\t(5)\tIf the regulator does not make a decision within 120 days after receiving the application or the additional information requested under regulation 496, the regulator is taken to have refused to grant the licence applied for.\nA refusal to grant a licence (including under subregulation (5)) is a reviewable decision (see regulation 676).\n498—Class A asbestos removal licence—regulator to be satisfied about additional matters\nFor the purposes of regulation 497(1)(b), in relation to a Class A asbestos removal licence, the regulator must be satisfied that—\n\t(a)\teach supervisor named by the applicant—\n\t(i)\tis at least 18 years of age; and\n\t(ii)\tholds a certification for—\n\t(A)\tthe specified VET course for the supervision of asbestos removal work; and\n\t(B)\tthe specified VET course for the Class A asbestos removal work; and\n\t(iii)\thas at least 3 years of relevant industry experience; and\n\t(b)\tthe applicant has a certified safety management system in place.\n499—Class B asbestos removal licence—regulator to be satisfied about additional matters\nFor the purposes of regulation 497(1)(b), in relation to a Class B asbestos removal licence the regulator must be satisfied that each supervisor named by the applicant—\n\t(a)\tis at least 18 years of age; and\n\t(b)\tholds a certification for—\n\t(i)\tthe specified VET course for the supervision of asbestos removal work; and\n\t(ii)\tthe specified VET course for the Class B asbestos removal work; and\n\t(c)\thas at least 1 year of relevant industry experience.\n500—Matters to be taken into account\n\t(1)\tFor the purposes of regulation 497(2)(e) and (f), the regulator must have regard to all relevant matters including the following:\n\t(a)\tany offence under the Act or these regulations or under a corresponding WHS law of which the applicant has been convicted or found guilty;\n\t(b)\tany offence in relation to the unlawful disposal of hazardous waste under the Environment Protection Act 1993 or the law of another jurisdiction of which the applicant has been convicted or found guilty;\n\t(c)\tany enforceable undertaking the applicant (or in the case of a body corporate, any officer of the body corporate) has entered into under the Act or a corresponding WHS law;\n\t(d)\tin relation to any equivalent licence applied for or held by the applicant under the Act or these regulations or under a corresponding WHS law—\n\t(iii)\tany suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence;\n\t(e)\tthe record of the applicant in relation to any matters arising under the Act or these regulations or under a corresponding WHS law.\n\t(2)\tFor the purposes of regulation 497(2)(e) and (f), if the applicant is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subregulation (1), in relation to—\n501—Refusal to grant licence—process\n\t(1)\tIf the regulator proposes to refuse to grant a licence, the regulator must give the applicant a written notice—\n\t(b)\tadvising the applicant that the applicant may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.\n\t(a)\tif the applicant has made a submission in relation to the proposed refusal to grant the licence—consider that submission; and\n\t(b)\twhether or not the applicant has made a submission—decide whether to grant or refuse to grant the licence; and\n\t(c)\twithin 14 days after making the decision, give the applicant written notice of the decision, including the reasons for the decision.\nA refusal to grant a licence is a reviewable decision (see regulation 676).\n502—Conditions of licence\n\t(1)\tThe regulator may impose any conditions it considers appropriate on an asbestos removal licence or asbestos assessor licence.\n\t(a)\tcontrol measures which must be implemented in relation to the carrying out of work or activities under the licence;\n\t(c)\trequiring the licence holder or a nominated supervisor of the licence holder, to undergo retraining or reassessment during the term of the licence;\n\t(d)\tthe provision of information to the regulator;\n\t(e)\tthe nature of work or activities authorised by the licence;\n\t(f)\tthe circumstances in which work or activities authorised by the licence may be carried out.\n1\tA person must comply with the conditions of a licence (see section 45 of the Act).\n503—Duration of licence\nSubject to this Part, an asbestos removal licence or asbestos assessor licence takes effect on the day it is granted and, unless cancelled earlier, expires 5 years after that day.\n504—Licence document\n\t(1)\tIf the regulator grants an asbestos removal licence or asbestos assessor licence, the regulator must issue to the applicant a licence document in the form determined by the regulator.\n\t(a)\tthe name of the licence holder;\n\t(b)\tif the licence holder conducts the business or undertaking under a business name—that business name;\n\t(c)\tin the case of an asbestos removal licence—the class of asbestos removal licence and a description of the work within the scope of the licence;\n\t(d)\tany licence conditions imposed on the licence by the regulator;\n\t(e)\tthe date on which the licence was granted;\n\t(f)\tthe expiry date of the licence.\n505—Licence document to be available\n\t(1)\tA licence holder must keep the licence document available for inspection under the Act.\n\t(2)\tSubregulation (1) does not apply if the licence document is not in the licence holder's possession because—\n\t(a)\tit has been returned to the regulator under regulation 512; and\n\t(b)\tthe licence holder has applied for, but has not received, a replacement licence document under regulation 513.\nDivision 4—Amendment of licence and licence document\n506—Changes to information\n\t(1)\tThe licence holder of an asbestos removal licence or asbestos assessor licence must give the regulator written notice of any change to any material particular in any information given at any time by the licence holder to the regulator in relation to the licence within 14 days after the licence holder becomes aware of the change.\n\t(2)\tSubregulation (1) applies whether the information was given in the application for grant or renewal of the licence or in any other circumstance.\n507—Change to nominated supervisor\n\t(1)\tIf there is a change in relation to a supervisor named to the regulator by the holder of an asbestos removal licence (other than a licence holder who is an individual), the licence holder must—\n\t(a)\tif the change is to remove a supervisor—within 14 days after the change, ask the regulator to amend the licence under regulation 509 to make that change; and\n\t(b)\tif the change is to add a supervisor—give the regulator the information about the supervisor referred to in regulation 498 or 499.\n\t(2)\tIf the change referred to in subregulation (1) is to add a supervisor, that supervisor is not a nominated supervisor for the purposes of these regulations until the regulator has approved the nomination.\n508—Amendment imposed by regulator\n\t(1)\tThe regulator may, on its own initiative, amend an asbestos removal licence or asbestos assessor licence, including by amending the licence to—\n\t(a)\tvary or delete a condition of the licence; or\n\t(b)\timpose a new condition on the licence.\n\t(2)\tIf the regulator proposes to amend a licence, the regulator must give the licence holder written notice—\n\t(a)\tsetting out the proposed amendment and the reasons for it; and\n\t(b)\tadvising the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed amendment.\n\t(3)\tAfter the date specified in a notice under subregulation (2)(b), the regulator must—\n\t(a)\tif the licence holder has made a submission in relation to the proposed amendment—consider that submission; and\n\t(b)\twhether or not the licence holder has made a submission—decide—\n\t(iii)\tto make a different amendment that results from consideration of any submission made by the licence holder; and\n\t(c)\twithin 14 days after making that decision, give the licence holder written notice that—\n\t(i)\tsets out the amendment, if any, or states that no amendment is to be made; and\n\t(ii)\tif a submission was made in relation to the proposed amendment—sets out the regulator's reasons for making the amendment; and\n\t(iii)\tspecifies the date (being not less than the 28 days after the licence holder is given the notice) on which the amendment, if any, takes effect.\nA decision to amend a licence is a reviewable decision (see regulation 676).\n509—Amendment on application by licence holder\n\t(1)\tThe regulator, on application by the licence holder, may amend an asbestos removal licence or asbestos assessor licence, including by amending the licence to vary or delete a condition of the licence.\n\t(2)\tIf the regulator proposes to refuse to amend the licence, the regulator must give the licence holder a written notice—\n\t(a)\tinforming the licence holder of the proposed refusal to amend the licence and the reasons for the proposed refusal; and\n\t(b)\tadvising the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.\n\t(a)\tif the licence holder has made a submission in relation to the proposed refusal—consider that submission; and\n\t(b)\twhether or not the licence holder has made a submission—decide—\n\t(iii)\tto make a different amendment that results from consideration of any submission made by the licence holder; and\n\t(c)\twithin 14 days after making that decision, give the licence holder written notice of the decision in accordance with this regulation.\n\t(4)\tIf the regulator makes the amendment applied for, the notice under subregulation (3)(c) must specify the date (being not less than 28 days after the licence holder is given the notice) on which the amendment takes effect.\n\t(5)\tIf the regulator refuses to make the amendment applied for or makes a different amendment, the notice under subregulation (3)(c) must—\n\t(a)\tif a submission was made in relation to the proposed refusal of the amendment applied for—set out the reasons for the regulator's decision; and\n\t(ii)\tspecify the date (being not less than 28 days after the licence holder is given the notice) on which the amendment takes effect.\nA refusal to make the amendment applied for, or a decision to make a different amendment, is a reviewable decision (see regulation 676).\n510—Minor corrections to licence\nThe regulator may make minor amendments to a licence, including an amendment—\n\t(c)\tthat does not impose a significant burden on the licence holder.\n511—Regulator to give amended licence to the licence holder\nIf the regulator amends an asbestos removal licence or asbestos assessor licence and considers that the licence document requires amendment, the regulator must give the licence holder an amended licence document within 14 days after making the decision to amend the licence.\n512—Licence holder to return licence\nThe holder of an asbestos removal licence or asbestos assessor licence that has been amended must return the licence document to the regulator for amendment at the written request of the regulator and within the time specified in the request.\n513—Replacement licence document\n\t(1)\tA licence holder of an asbestos removal licence or an asbestos assessor licence must notify the regulator as soon as practicable if the licence document is lost, stolen or destroyed.\n\t(2)\tIf a licence document is lost, stolen or destroyed, the licence holder may apply to the regulator for a replacement document.\nA licence holder is required to keep the licence document available for inspection (see regulation 505).\nSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n\t(5)\tThe regulator must issue a replacement licence document if satisfied that the original document was lost, stolen or destroyed.\n\t(6)\tIf the regulator refuses to issue a replacement licence document, it must give the licence holder written notice of this decision, including the reasons for the decision, within 14 days after making the decision.\nA refusal to issue a replacement licence document is a reviewable decision (see regulation 676).\n514—Voluntary surrender of licence\n\t(1)\tA licence holder may voluntarily surrender the licence document to the regulator.\n\t(2)\tThe licence expires on the surrender of the licence document.\nDivision 5—Renewal of licence\n515—Regulator may renew licence\nThe regulator may renew an asbestos removal licence or asbestos assessor licence on application by the licence holder.\n516—Application for renewal\n\t(1)\tAn application for renewal of an asbestos removal licence or asbestos assessor licence must be made in the manner and form required by the regulator.\n\t(a)\tthe name and address of the applicant;\n\t(b)\tif required by the regulator of an applicant who is an individual, a photograph of the applicant in the form required by the regulator;\n\t(c)\tany other evidence of the applicant's identity required by the regulator;\n\t(d)\twritten evidence that the applicant has obtained any retraining or reassessment or taken any other action required under regulation 502;\n\t(e)\ta declaration by the applicant that the applicant or a supervisor named by the applicant, as applicable, has maintained the competency required to carry out the work covered by the licence.\nSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n\t(4)\tThe application must be made before the expiry of the licence.\n517—Provisions relating to renewal of licence\n\t(1)\tFor the purposes of this Division—\n\t(a)\tregulation 496 applies as if a reference in that regulation to an application for a licence were a reference to an application to renew a licence; and\n\t(b)\tregulations 497 (except subregulation (5)), 500, 502 and 503 apply as if a reference in regulation 497 to the grant of a licence were a reference to the renewal of a licence; and\n\t(c)\tregulation 501 applies as if a reference in that regulation to a refusal to grant a licence were a reference to a refusal to renew a licence.\n\t(2)\tThe regulator must not renew an asbestos removal licence unless the regulator is satisfied about the matters referred to in regulation 518.\n\t(3)\tThe regulator must not renew an asbestos removal licence or asbestos assessor licence granted to a person under a corresponding WHS law if that licence is renewed under that law.\n\t(4)\tIf a licence holder applies under regulation 516 for the renewal of an asbestos removal licence or asbestos assessor licence, the licence is taken to continue in force from the day it would, apart from this subregulation, have expired until the licence holder is given notice of the decision on the application.\nA refusal to renew a licence is a reviewable decision (see regulation 676).\n518—Renewal of asbestos removal licence—regulator to be satisfied about certain matters\nFor the purposes of regulation 517, the regulator must not renew an asbestos removal licence unless satisfied that—\n\t(a)\teach supervisor named by the applicant—\n\t(i)\tholds a certification for the specified VET course for supervision of the asbestos removal work to be authorised by the licence; and\n\t(ii)\thas appropriate experience in the asbestos removal work to be authorised by the licence; and\n\t(b)\tasbestos removal work of the type authorised by the licence has been carried out on behalf of the applicant during the term of the licence.\n519—Status of licence during review\n\t(1)\tThis regulation applies if the regulator gives a licence holder written notice of its decision to refuse to renew the licence.\n\t(2)\tIf the licence holder does not apply for internal review of the decision, the licence continues to have effect until the last of the following events:\n\t(b)\tthe end of the time for applying for an internal review.\n\t(3)\tIf the licence holder applies for an internal review of the decision, the licence continues to have effect until the earlier of the following events:\n\t(4)\tIf the licence holder does not apply for an external review, the licence continues to have effect until the end of the time for applying for an external review.\n\t(5)\tIf the licence holder applies for an external review, the licence continues to have effect until the earlier of the following events:\n\t(6)\tThe licence continues to have effect under this regulation even if its expiry date passes.\nDivision 6—Suspension and cancellation of licence\n520—Suspension or cancellation of licence\n\t(1)\tThe regulator may suspend or cancel an asbestos removal licence or asbestos assessor licence if satisfied about 1 or more of the following:\n\t(a)\tthe licence holder has failed to ensure that the work or other activities authorised by the licence are carried out safely and competently;\n\t(b)\tthe licence holder has failed to ensure compliance with a condition of the licence, including a condition requiring the licence holder, or a nominated supervisor of the licence holder, to undergo retraining or reassessment during the term of the licence;\n\t(c)\tthe licence holder, in the application for the grant or renewal of the licence or on request by the regulator for additional information—\n\t(ii)\tfailed to give any material information that should have been given in that application or on that request;\n\t(d)\tin relation to an asbestos removal licence—the licence was granted or renewed on the basis of a certification that was obtained on the basis of the giving of false or misleading information by any person or body;\n\t(e)\tin relation to a Class A asbestos removal licence—the licence holder has failed to have a certified safety management system in place.\n\t(2)\tIt is a ground for the suspension or cancellation of an asbestos removal licence if the licence holder does not have a qualified nominated asbestos removal supervisor.\nRegulation 507 provides for a licence holder to notify the regulator of any change in a nominated supervisor.\n\t(3)\tFor the purposes of subregulation (1)(b), a licence holder complies with a condition on the licence that requires the licence holder or a nominated supervisor of the licence holder to undergo retraining or reassessment during the term of the licence if the licence holder provides a certification in relation to that retraining or reassessment.\n\t(4)\tIf the regulator suspends or cancels a licence, the regulator may disqualify the licence holder from applying for—\n\t(a)\ta further licence of the same type; or\n\t(b)\tanother licence under these regulations to carry out work which requires skills that are the same as or similar to those required for the work authorised by the licence that has been suspended or cancelled.\nA decision to suspend a licence, to cancel a licence or to disqualify the licence holder from applying for a further licence is a reviewable decision (see regulation 676).\n521—Matters taken into account\n\t(1)\tIn making a decision under regulation 520, the regulator must have regard to—\n\t(a)\tany submissions made by the licence holder under regulation 522; and\n\t(2)\tFor the purposes of regulation 520(1)(a) and (b), if the licence holder is an individual, the regulator must have regard to all relevant matters, including the following:\n\t(a)\tany offence under the Act or these regulations or under a corresponding WHS law, of which the licence holder has been convicted or found guilty;\n\t(b)\tany enforceable undertaking the licence holder has entered into under this Act or a corresponding WHS law;\n\t(c)\tin relation to any equivalent licence applied for or held by the licence holder under the Act or these regulations or under a corresponding WHS law—\n\t(iii)\tany suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence;\n\t(d)\tthe record of the licence holder in relation to any matters arising under the Act or these regulations or under a corresponding WHS law.\n\t(3)\tFor the purposes of regulation 520(1)(a) and (b), if the licence holder is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subregulation (2), in relation to—\n522—Notice to and submissions by licence holder\nBefore suspending or cancelling an asbestos removal licence or asbestos assessor licence, the regulator must give the licence holder a written notice of the proposed suspension or cancellation and any proposed disqualification—\n\t(b)\tadvising the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice) make a submission to the regulator in relation to the proposed suspension or cancellation and any proposed disqualification.\n523—Notice of decision\n\t(1)\tThe regulator must give the licence holder written notice of a decision under regulation 520 to suspend or cancel an asbestos removal licence or asbestos assessor licence within 14 days after making the decision.\n\t(iii)\twhether the licence holder is required to undergo retraining or reassessment or take any other action before the suspension ends; and\n\t(iv)\twhether or not the licence holder is disqualified from applying for a further licence during the suspension; and\n\t(iii)\twhether or not the licence holder is disqualified from applying for a further licence; and\n\t(d)\tif the licence holder is disqualified from applying for a further licence, state—\n\t(iii)\twhether or not the licence holder is required to undergo retraining or reassessment or take any other action before the disqualification ends; and\n\t(iv)\tany other class of licence under these regulations that the licence holder is disqualified from applying for; and\n524—Immediate suspension\n\t(1)\tThe regulator may suspend an asbestos removal licence or asbestos assessor licence on a ground referred to in regulation 520 without giving notice under regulation 522, if satisfied that—\n\t(a)\twork carried out under the licence should cease because the work may involve an imminent serious risk to the health or safety of any person; or\n\t(b)\ta corresponding regulator has suspended an equivalent licence held by the licence holder under this regulation as applying in the corresponding jurisdiction.\n\t(a)\tthe regulator must give the licence holder written notice of the suspension and the reasons for the suspension; and\n\t(a)\tgive notice under regulation 522 within 14 days after giving the notice under subregulation (2); and\n\t(b)\tmake its decision under regulation 520.\n\t(5)\tIf the regulator gives notice under subregulation (3), the licence remains suspended until the decision is made under regulation 520.\n525—Licence holder to return licence document\nA licence holder, on receiving a notice under regulation 523, must return the licence document to the regulator in accordance with the notice.\n526—Regulator to return licence document after suspension\nThe regulator must return the licence document to the licence holder within 14 days after the licence suspension ends.\nDivision 7—General\n527—Asbestos removal licence register\nThe regulator must keep a register of—\n\t(a)\teach person holding an asbestos removal licence; and\n\t(b)\teach supervisor named to the regulator in relation to an asbestos removal licence.\n528—Asbestos assessors register\nThe regulator must keep a publicly available register of each person holding an asbestos assessor licence.\n529—Work must be supervised by named supervisor\nA person who holds an asbestos removal licence must ensure that asbestos removal work authorised by the licence is supervised by a supervisor named to the regulator by the licence holder.\n","sortOrder":29},{"sectionNumber":"Part 8A","sectionType":"part","heading":"Crystalline silica","content":"Chapter 8A—Crystalline silica\n529A—Meaning of processing in relation to crystalline silica substances and related terms\n\t(1)\tIn these regulations, processing in relation to a CSS means—\n\t(a)\tthe use of power tools or mechanical plant to carry out an activity involving the crushing, cutting, grinding, trimming, sanding, abrasive polishing or drilling of a CSS; or\n\t(b)\tthe use of roadheaders to excavate material that is a CSS; or\n\t(c)\tthe quarrying of a material that is a CSS; or\n\t(d)\tmechanical screening involving a material that is a CSS; or\n\t(e)\ttunnelling through a material that is a CSS; or\n\t(f)\ta process that exposes, or is reasonably likely to expose, a person to respirable crystalline silica during the manufacture or handling of a CSS.\n\t(2)\tIn these regulations, crystalline silica substance (CSS) means material that contains at least 1% crystalline silica, determined as a weight/weight (w/w) concentration.\nEngineered stone is a type of CSS.\n\t(3)\tIn these regulations, crystalline silica—\n\t(a)\tmeans crystalline polymorphs of silica; and\n\t(b)\tincludes the following substances:\n\t(i)\tcristobalite;\n\t(ii)\tquartz;\n\t(iii)\ttridymite;\n\t(iv)\ttripoli.\n\t(4)\tIn these regulations, engineered stone—\n\t(a)\tmeans a CSS that—\n\t(i)\tis an artificial product; and\n\t(ii)\tis created by combining natural stone materials with other chemical constituents such as water, resins or pigments; and\n\t(iii)\tbecomes hardened; but\n\t(b)\tdoes not include the following:\n\t(i)\tconcrete and cement products;\n\t(ii)\tbricks, pavers and other similar blocks;\n\t(iii)\tceramic wall and floor tiles;\n\t(iv)\tgrout, mortar and render;\n\t(v)\tplasterboard;\n\t(vi)\tporcelain products;\n\t(vii)\tsintered stone;\n\t(viii)\troof tiles.\n529B—When processing of CSS is controlled\n\t(1)\tIn these regulations, the processing of a CSS is controlled if—\n\t(a)\tcontrol measures to eliminate or minimise risks arising from the processing are implemented so far as is reasonably practicable; and\n\t(b)\tat least 1 of the following measures are used during the processing:\n\t(i)\tthe isolation of a person from dust exposure;\n\t(ii)\ta fully enclosed operator cabin fitted with a high efficiency air filtration system;\n\t(iii)\tan effective wet dust suppression method;\n\t(iv)\tan effective on-tool extraction system;\n\t(v)\tan effective local exhaust ventilation system; and\n\t(c)\ta person still at risk of being exposed to respirable crystalline silica after 1 or more of the measures in paragraph (b) are used—\n\t(i)\tis provided with respiratory protective equipment; and\n\t(ii)\twears the respiratory protective equipment while the work is carried out.\nSee also regulation 351.\n\t(2)\tDespite subregulation (1), if the measures in subregulation (1)(b) are not reasonably practicable, the processing of a CSS is controlled if a person who is at risk of being exposed to respirable crystalline silica during the processing—\n\t(a)\tis provided with respiratory protective equipment; and\n\t(b)\twears the respiratory protective equipment while the work is carried out.\nrespiratory protective equipment means personal protective equipment that—\n\t(a)\tis designed to prevent a person wearing the equipment from inhaling airborne contaminants; and\n\t(b)\tcomplies with—\n\t(i)\tAS/NZS 1716:2012 (Respiratory protective devices); and\n\t(ii)\tAS/NZS 1715:2009 (Selection, use and maintenance of respiratory protective equipment).\nRegulations 44, 45 and 46 apply to the provision and use of personal protective equipment, including the respiratory protective equipment provided under subregulation (1)(c) and (2).\n529C—Duty for processing of CSS to be controlled\nA person conducting a business or undertaking must not carry out, or direct or allow a worker to carry out, processing of a CSS unless the processing is controlled.\nRegulations 529D and 529F apply to the processing of engineered stone.\n529CA—Identifying processing of CSS that is high risk\n\t(1)\tA person conducting a business or undertaking at a workplace must assess the processing of a CSS carried out by the business or undertaking at the workplace to determine if the processing is high risk.\n\t(2)\tIn assessing whether the processing of a CSS is high risk, the person must have regard to the following:\n\t(a)\tthe specific processing that will be undertaken;\n\t(b)\tthe form or forms of crystalline silica present in the CSS;\n\t(c)\tthe proportion of crystalline silica contained in the CSS, determined as a weight/weight (w/w) concentration;\n\t(d)\tthe hazards associated with the work, including the likely frequency and duration that a person will be exposed to respirable crystalline silica;\n\t(e)\twhether the airborne concentration of respirable crystalline silica that is present at the workplace is reasonably likely to exceed half the workplace exposure standard;\n\t(f)\tany relevant air and health monitoring results previously undertaken at the workplace;\n\t(g)\tany previous incidents, illnesses or diseases associated with exposure to respirable crystalline silica at the workplace.\n\t(3)\tIn assessing whether the processing of a CSS is high risk, the person must not—\n\t(a)\trely on the control measures implemented under regulation 529B(1)(b); or\n\t(b)\thave regard to the use of personal protective equipment and administrative controls used to control the risks associated with respirable crystalline silica.\n\t(4)\tThe person must ensure that a risk assessment conducted under subregulation (1) is recorded in writing.\n\t(5)\tIf a person conducting a business or undertaking is unable to determine whether the processing of a CSS carried out at the workplace is high risk, the processing is taken to be high risk until the person determines that the processing is not high risk.\n529CB—Silica risk control plan required for processing of CSS that is high risk\n\t(1)\tA person conducting a business or undertaking carrying out the processing of a CSS that is high risk must, before the processing commences, ensure that a silica risk control plan for the processing—\n\t(a)\tis prepared; or\n\t(b)\thas already been prepared by another person.\n\t(2)\tA silica risk control plan must—\n\t(a)\tidentify all the processing of a CSS carried out at the workplace that is high risk; and\n\t(b)\tinclude the risk assessment undertaken under regulation 529CA for all processing of a CSS that is high risk; and\n\t(c)\tdocument what control measures will be used to control the risks associated with the processing that is high risk and how those measures will be implemented, monitored and reviewed; and\n\t(d)\tbe set out and expressed in a way that is readily accessible and understandable to persons who use it.\n\t(3)\tA silica risk control plan is not required to be prepared before the processing of a CSS that is high risk if—\n\t(a)\tthe processing that is high risk is also high risk construction work; and\n\t(b)\ta safe work method statement is prepared, or has already been prepared by another person, before the processing commences; and\n\t(c)\tthe safe work method statement satisfies the requirements in subregulation (2).\n529CC—Compliance with silica risk control plan\n\t(1)\tA person conducting a business or undertaking carrying out the processing of a CSS that is high risk must put in place arrangements for ensuring that the processing is carried out in accordance with the silica risk control plan, including by ensuring that the silica risk control plan is—\n\t(a)\tavailable to all workers; and\n\t(b)\tprovided to all workers before they commence the processing.\n\t(2)\tIf the processing of a CSS that is high risk is not carried out in accordance with the silica risk control plan that applies to the processing, the person must ensure that the processing—\n\t(a)\tis stopped immediately or as soon as it is safe to do so; and\n\t(b)\tresumed only in accordance with the silica risk control plan.\n\t(3)\tA person conducting a business or undertaking must ensure that a silica risk control plan is reviewed and as necessary revised if relevant control measures are revised under regulation 38.\n\t(a)\tIn the case of an individual—$5 000.\n\t(b)\tIn the case of a body corporate—$25 000.\n529CD—Duty to train workers about risks of crystalline silica\n\t(1)\tA person conducting a business or undertaking must ensure that a worker receives crystalline silica training if the person reasonably believes that the worker may be—\n\t(a)\tinvolved in the processing of a CSS that is high risk; or\n\t(b)\tbe at risk of exposure to respirable crystalline silica because of the processing of a CSS that is high risk.\n\t(2)\tThe person must ensure that a record is kept of the training undertaken by the worker—\n\t(a)\twhile the worker is carrying out the processing of a CSS that is high risk; and\n\t(b)\tfor 5 years after the day the worker ceases working for the person.\n\t(3)\tThe person must keep the record available for inspection under the Act.\ncrystalline silica training means training that is accredited, or training approved by the regulator, in relation to the following:\n\t(a)\tthe health risks associated with exposure to respirable crystalline silica;\n\t(b)\tthe need for, and proper use of, any risk control measures required by the Regulations.\nDivision 1 of Chapter 3 Part 2 also applies to a person conducting a business or undertaking involving the processing of a CSS.\n529CE—Monitoring in relation to processing of CSS that is high risk\nA person conducting a business or undertaking that is carrying out, or directing or allowing a worker to carry out, the processing of a CSS that is high risk, must—\n\t(a)\tundertake air monitoring for respirable crystalline silica in accordance with regulation 50; and\n\t(b)\tprovide air monitoring results to the regulator, in a form approved by the regulator, if the airborne concentration of respirable crystalline silica has exceeded the workplace exposure standard as soon as reasonably practicable and no more than 14 days from the date that the air monitoring result was reported to the person conducting a business or undertaking; and\n\t(c)\tprovide health monitoring for all workers carrying out the processing of a CSS that is high risk in accordance with Division 6 of Chapter 7 Part 1 of the Regulations.\nPart 2—Work involving engineered stone benchtops, panels or slabs\n529D—Work involving engineered stone benchtops, panels or slabs—prohibition\nA person conducting a business or undertaking must not carry out, or direct or allow a worker to carry out, work that involves manufacturing, supplying, processing or installing engineered stone benchtops, panels or slabs.\n\t(a)\tIn the case of an individual—$8 400.\n\t(b)\tIn the case of a body corporate—$42 000.\nUnder Chapter 11 Part 2 Division 3A, work involving a type of engineered stone may be the subject of an exemption from this regulation.\n529E—Work involving engineered stone benchtops, panels or slabs—exception for particular supply and installation\nRegulation 529D does not apply to work that involves supplying or installing engineered stone benchtops, panels or slabs if the work is—\n\t(a)\tfor genuine research and analysis; or\n\t(b)\tto sample and identify engineered stone.\n529F—Work involving engineered stone benchtops, panels or slabs—exception for particular processing\nRegulation 529D does not apply to work that involves processing engineered stone benchtops, panels or slabs if the work—\n\t(a)\tis carried out—\n\t(i)\tfor genuine research and analysis; or\n\t(ii)\tto sample and identify engineered stone; or\n\t(iii)\tto remove, repair or make minor modifications to installed engineered stone; or\n\t(iv)\tto dispose of the engineered stone, whether it is installed or not; and\n\t(b)\tis controlled.\nPart 3—Regulator to be notified of particular processing of engineered stone\n529G—Notification of particular processing of engineered stone\n\t(1)\tThis regulation applies if work that involves processing engineered stone benchtops, panels or slabs is carried out—\n\t(a)\tto remove, repair or make minor modifications to installed engineered stone; or\n\t(b)\tto dispose of the engineered stone, whether it is installed or not.\n\t(2)\tBefore the work is carried out, a person conducting a business or undertaking carrying out, or directing or allowing a worker to carry out, the work must give the regulator a written notice in the form approved by the regulator—\n\t(a)\tstating the work being carried out; and\n\t(b)\tdescribing the type of work being carried out; and\n\t(c)\tstating the frequency and duration of the work; and\n\t(d)\tstating the other information in relation to the work required by the approved form, if any.\n\t(3)\tSubregulation (2) does not apply to a person conducting a business or undertaking if—\n\t(a)\tthe person conducting the business or undertaking does not know, and could not reasonably be expected to know, before the work is carried out that the work involves processing engineered stone benchtops, panels or slabs; and\n\t(b)\tas soon as practicable after the person conducting the business or undertaking becomes aware that the work involves processing engineered stone benchtops, panels or slabs, the person gives the regulator a written notice under subregulation (2) in relation to the work.\n\t(4)\tIf the regulator receives a notice under subregulation (2) or (3), the regulator must give the person conducting the business or undertaking an acknowledgement of receipt of the notice.\n529H—Notification of change in information given under Part 3\n\t(1)\tIf the information given to the regulator in a written notice under this Part in relation to work changes (other than because the work is no longer being carried out), a person conducting a business or undertaking carrying out, or directing or allowing a worker to carry out, the work must, within the period ending 30 days after the day the change occurs, give the regulator a written notice—\n\t(a)\tstating the information has changed; and\n\t(b)\tdescribing the change to the information.\n\t(2)\tIf the regulator receives a notice under subregulation (1), the regulator must give the person conducting the business or undertaking an acknowledgement of receipt of the notice.\n529I—Notification that work continues 12 months after last notice given under Part 3\n\t(a)\ta person conducting a business or undertaking gives a notice under this Part in relation to work; and\n\t(b)\ta period of 12 months beginning on the day the last notice is given about the work ends; and\n\t(c)\tthe work is still being carried out.\n\t(2)\tA person conducting a business or undertaking carrying out, or directing or allowing a worker to carry out, the work must, within the period of 30 days ending after the day the 12‑month period ends, give the regulator a written notice stating—\n\t(a)\tthe work is still being carried out; and\n\t(b)\tany information given to the regulator that has changed.\n\t(3)\tIf the regulator receives a notice under subregulation (2), the regulator must give the person conducting the business or undertaking an acknowledgement of receipt of the notice.\n529J—Duty to keep notice given under Part 3\nA person conducting a business or undertaking who gives the regulator a notice under this Part must, for a period of 5 years beginning on the day the notice is given to the regulator—\n\t(a)\tkeep a copy of the notice; and\n\t(b)\tensure that a copy of the notice is readily accessible; and\n\t(c)\tallow a person to access a copy of the notice upon request.\nChapter 9—Major hazard facilities\nDivision 1—Application and interpretation\n530—This Chapter does not apply to certain facilities\n\t(1)\tThis Chapter does not apply in relation to a facility that is regulated by the National Offshore Petroleum Safety and Environmental Management Authority under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth.\n\t(2)\tThis Chapter does not apply in relation to—\n\t(a)\ta temporary port storage facility controlled and managed by a port operator within the meaning of the Harbors and Navigation Act 1993; or\n\t(b)\ta pipeline—\n\t(i)\tthat forms part of a distribution system within the meaning of the Gas Act 1997; or\n\t(ii)\tthat is a transmission pipeline, or part of a transmission pipeline, to which a pipeline licence under the Petroleum and Geothermal Energy Act 2000 relates; or\n\t(iii)\tto which a pipeline licence under the Petroleum (Submerged Lands) Act 1982 relates; or\n\t(c)\ta magazine at which explosives may be kept under the Explosives Act 1936 and located at a site at which no processing involving dangerous goods, including explosives, is carried out.\n531—Meaning of major incident\nmajor incident, at a major hazard facility, is an occurrence that—\n\t(a)\tresults from an uncontrolled event at the major hazard facility involving, or potentially involving, Schedule 15 chemicals; and\n\t(b)\texposes a person to a serious risk to health or safety emanating from an immediate or imminent exposure to the occurrence.\n\t(2)\tWithout limiting subregulation (1), occurrence includes any of the following:\n\t(a)\tescape, spillage or leakage;\n\t(b)\timplosion, explosion or fire.\n532—Meaning of hazardous chemicals that are present or likely to be present\n\t(1)\tA reference in these regulations to hazardous chemicals, including Schedule 15 chemicals, being present or likely to be present at a facility is a reference to the quantity of hazardous chemicals that would, if present, meet the maximum capacity of the facility, including—\n\t(a)\tthe maximum capacity of process vessels and interconnecting pipe systems that contain the hazardous chemicals; and\n\t(b)\tthe maximum capacity of storage tanks and vessels used for the hazardous chemicals; and\n\t(c)\tthe maximum capacity of other storage areas at the facility that could contain the hazardous chemicals; and\n\t(d)\tthe maximum capacity of pipe work outside process areas to contain the hazardous chemicals; and\n\t(e)\tthe maximum quantity of hazardous chemicals that would, in the event of failure, escape into the facility from pipe work that is situated off the premises but is connected to the facility; and\n\t(f)\tthe maximum quantity of hazardous chemicals loaded into or onto, or unloaded from, vehicles, trailers, rolling stock and ships that are from time to time present at the facility in the course of the facility's operations.\n\t(2)\tSubregulation (1) applies with any necessary changes to hazardous chemicals that are likely to be present at a proposed facility.\n\t(3)\tSchedule 15 chemicals present or likely to be present in the tailings dam of a mine are not to be considered in determining whether a mine is a facility or a major hazard facility.\n533—Meaning of operator of a facility or proposed facility\noperator, of a facility, is the person conducting the business or undertaking of operating the facility who has—\n\t(a)\tmanagement or control of the facility; and\n\t(b)\tthe power to direct that the whole facility be shut down.\n\t(2)\tIn this Chapter—\noperator of a proposed facility means—\n\t(a)\tthe operator of a proposed facility that is an existing workplace; or\n\t(b)\tthe person who is to be the operator of a proposed facility that is being designed or constructed.\n\t(3)\tIf more than 1 person is an operator of the facility within the meaning of subregulation (1)—\n\t(a)\t1 of those persons must be selected as the operator of the facility for the purposes of this Chapter; and\n\t(b)\tthat person's details must be given to the regulator.\n\t(4)\tThe person selected—\n\t(a)\tmust notify the regulator of the nomination; and\n\t(b)\tmay do so by including it in a notification under regulation 536.\n\t(5)\tThe person selected under subregulation (3) is the operator of the facility for the purposes of this Chapter.\n\t(6)\tIf a selection is not made, each of the following persons is taken to be an operator of the facility for the purposes of this Chapter:\n\t(a)\teach operator within the meaning of subregulation (1) who is an individual;\n\t(b)\tfor each operator within the meaning of subregulation (1) that is a body corporate—each officer of the body corporate.\n534—Meaning of modification of a facility\n\t(1)\tIn these regulations, a reference to a modification of a major hazard facility is a reference to a change or proposed change at the major hazard facility that has or would have the effect of—\n\t(a)\tcreating a major incident hazard that has not previously been identified; or\n\t(b)\tsignificantly increasing the likelihood of a major incident occurring; or\n\t(c)\tin relation to a major incident that may occur—significantly increasing—\n\t(i)\tits magnitude; or\n\t(ii)\tthe severity of its health and safety consequences.\n\t(2)\tFor the purposes of subregulation (1), change or proposed change at a major hazard facility means a change or proposed change of any kind, including any of the following:\n\t(a)\ta change to any plant, structure, process or chemical or other substance used in a process, including the introduction of new plant, a new structure, a new process or a new chemical;\n\t(b)\ta change to the quantity of Schedule 15 chemicals present or likely to be present at the major hazard facility;\n\t(c)\ta change to the operation, or the nature of the operation, of the major hazard facility;\n\t(d)\ta change in the workers' safety role;\n\t(e)\ta change to the major hazard facility's safety management system;\n\t(f)\tan organisational change at the major hazard facility, including a change in its senior management.\nDivision 2—Requirement to be licensed\n535—A major hazard facility must be licensed\n\t(1)\tA facility at which Schedule 15 chemicals are present or likely to be present in a quantity that exceeds their threshold quantity must be licensed under Chapter 9 Part 7.\nSee section 41 of the Act.\n\t(2)\tA facility that is determined to be a major hazard facility under regulation 541 must be licensed under Chapter 9 Part 7.\nSee section 41 of the Act.\n\t(3)\tDespite subregulation (1) or (2), a determined major hazard facility is exempt from the requirement to be licensed during the exemption period if the operator of the major hazard facility is taken to be a suitable person to operate the facility for the purposes of Chapter 9 Part 2.\n\t(4)\tThe operator of a licensed major hazard facility must hold the licence for the major hazard facility.\nexemption period, in relation to a determined major hazard facility, means the period beginning on the determination of the facility and ending on the first of the following to occur:\n\t(a)\tthe revocation of the determination of the facility under regulation 546;\n\t(b)\tthe end of the period for applying for a licence given under regulation 549, unless an application for a licence for the facility is made within that period;\n\t(c)\tthe grant of a licence for the facility under Chapter 9 Part 7;\n\t(d)\tif the regulator decides to refuse to grant a licence for the facility—\n\t(i)\tthe end of the period for applying for an external review of that decision, unless an application for external review is made within that period; or\n\t(ii)\tthe making of the decision on the external review.\n1\tThe licensing process is provided for in Chapter 9 Part 7.\n2\tUnder Chapter 9 Part 2, an operator of a determined major hazard facility is taken to be a suitable operator if no determination is made under regulation 543.\n3\tUnder Chapter 9 Part 3 the operator of a determined major hazard facility is given a limited time to prepare the major hazard facility to be licensed, including by preparing a safety case.\n4\tChapter 9 Part 2 provides for the notification and determination of facilities and operators of facilities. The purpose of notification is to enable the regulator to determine whether—\n\t(a)\ta facility or proposed facility is a major hazard facility; and\n\t(b)\tthe operator of a determined major hazard facility is a suitable person to—\n\t(i)\toperate the facility while the determination under paragraph (a) is in force; and\n\t(ii)\tapply for a licence for the facility.\nPart 2—Determinations about major hazard facilities\n536—Operators of certain facilities must notify regulator\n\t(1)\tThe operator of a facility at which Schedule 15 chemicals are present or likely to be present in a quantity that exceeds 10% of their threshold quantity must notify the regulator of this circumstance in accordance with this Part.\n\t(2)\tNotification must be given—\n\t(a)\tas soon as practicable (but not more than 3 months) after the operator becomes aware, or ought reasonably to have become aware, of the circumstance giving rise to the requirement to notify; or\n\t(b)\twithin any longer period that the regulator determines if satisfied on application by the operator that there is a reasonable excuse for the delayed notification.\nSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n537—Notification—proposed facilities\n\t(1)\tThe operator of a proposed facility at which Schedule 15 chemicals are likely to be present in a quantity that exceeds 10% of their threshold quantity may notify the regulator of this circumstance.\n1\tSee definition of proposed facility in regulation 5.\n2\tFor the meaning of likely to be present, see regulation 532.\n\t(2)\tAny notification under this regulation must include the information required by regulation 538 (with any necessary changes).\n538—Content of notification\n\t(1)\tA notification under regulation 536 must be made in the manner and form required by the regulator.\n\t(2)\tThe notification must include the following:\n\t(a)\tinformation about the facility, including the nature of its operations;\n\t(b)\tinformation about the operator, including the matters specified in subregulation (3);\n\t(c)\tinformation about the Schedule 15 chemicals present or likely to be present at the facility;\n\t(d)\tthe nomination of a contact person with whom the regulator can communicate for the purposes of—\n\t(i)\tthis Part; and\n\t(ii)\tthe licensing process;\n\t(e)\tany additional information required by the regulator.\nSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n\t(3)\tThe information given under subregulation (2) must include the following:\n\t(a)\tthe operator's name;\n\t(b)\twhether or not the operator is a body corporate;\n\t(c)\tany other evidence of the operator's identity required by the regulator;\n\t(d)\tif the operator is an individual—\n\t(i)\ta declaration as to whether or not the operator has ever been convicted or found guilty of any offence under the Act or these regulations or under any corresponding WHS law; and\n\t(iii)\ta declaration as to whether or not the operator has ever entered into an enforceable undertaking under the Act or under any corresponding WHS law; and\n\t(iv)\tdetails of any enforceable undertaking declared under subparagraph (iii); and\n\t(v)\tif the operator has previously been refused a major hazard facility licence under a corresponding WHS law, a declaration giving details of that refusal; and\n\t(vi)\tif the operator has previously held a major hazard facility licence under a corresponding WHS law, a declaration—\n\t(B)\tstating whether or not that licence had been suspended or cancelled and, if so, whether or not the operator had been disqualified from applying for a major hazard facility licence; and\n\t(C)\tgiving details of any suspension, cancellation or disqualification;\n\t(e)\tif the operator is a body corporate, the information specified in paragraph (d) in relation to—\n\t(i)\tthe operator; and\n\t(ii)\teach officer of the operator.\n\t(4)\tThe notification must be accompanied by the relevant fee.\n539—When regulator may conduct inquiry\nThe regulator may conduct an inquiry under this Division if a notification under regulation 536 or 537 discloses, or if for some other reason the regulator reasonably suspects, that—\n\t(a)\tthe quantity of Schedule 15 chemicals present or likely to be present at a facility (or proposed facility) exceeds 10% of their threshold quantity but does not exceed their threshold quantity; or\n\t(b)\tthe operator of the facility (or proposed facility) may not be a suitable person to operate the facility (or proposed facility).\n540—Inquiry procedure\n\t(1)\tThis regulation sets out the procedure for an inquiry.\n\t(2)\tThe regulator must give a written notice to the person referred to in subregulation (3)—\n\t(a)\tinforming the person of the reasons for the inquiry; and\n\t(b)\tadvising the person that the person may, by a specified date (being not less than 28 days after the notice is given), make a submission to the regulator in relation to the inquiry.\n\t(3)\tNotice under subregulation (2) must be given—\n\t(a)\tfor an inquiry about a facility in relation to which a notification has been given under regulation 536 or 537—to the contact person identified in the notification; and\n\t(b)\tin any other case—to the operator of the facility.\n\t(4)\tThe regulator must—\n\t(a)\tif the recipient of the notice has made a submission in relation to the inquiry—consider that submission; and\n\t(b)\tconsult with interested persons including—\n\t(i)\thealth and safety representatives at the facility; and\n\t(ii)\tthe emergency service organisations that have responsibility for the area in which the facility is located; and\n\t(iii)\tany government department or agency with a regulatory role in relation to major hazard facilities; and\n\t(c)\tdecide whether or not to make a determination under regulation 541 or 542; and\n\t(d)\tif it decides to make a determination under regulation 541 or 542—decide whether or not to make a determination in relation to the operator under regulation 543.\n541—Determination in relation to facility, on inquiry\n\t(1)\tThis regulation applies if an inquiry discloses that the quantity of Schedule 15 chemicals present or likely to be present at a facility or proposed facility exceeds 10% of their threshold quantity, but does not exceed their threshold quantity.\n\t(2)\tThe regulator may determine the facility or proposed facility to be a major hazard facility if the regulator considers that there is a potential for a major incident to occur at the facility or proposed facility having regard to all relevant matters, including—\n\t(a)\tthe quantity and combination of Schedule 15 chemicals present or likely to be present at the facility; and\n\t(b)\tthe type of activity at the facility that involves the Schedule 15 chemicals; and\n\t(c)\tland use and other activities in the surrounding area.\n1\tIf an inquiry discloses that the quantity of Schedule 15 chemicals present or likely to be present at a facility exceeds their threshold quantity, the facility is a major hazard facility. See definition of major hazard facility in regulation 5.\n2\tA determination that a facility is a major hazard facility, or that a proposed facility is not a major hazard facility, is a reviewable decision (see regulation 676).\n542—Determination in relation to over-threshold facility\n\t(1)\tThis regulation applies if a notification under regulation 536 or 537 discloses that the quantity of Schedule 15 chemicals present or likely to be present at a facility (or proposed facility) exceeds their threshold quantity.\n\t(2)\tThe regulator must make a determination confirming the facility (or proposed facility) to be a major hazard facility.\nA determination that a facility is a major hazard facility is a reviewable decision (see regulation 676).\n543—Suitability of facility operator\n\t(1)\tThis regulation applies if the regulator determines a facility or a proposed facility to be a major hazard facility under regulation 541 or 542.\n\t(2)\tThe regulator may determine that the operator of the major hazard facility or proposed major hazard facility is not a suitable person to operate the major hazard facility if the regulator—\n\t(a)\thas conducted an inquiry under regulation 540 into the suitability of the operator; and\n\t(b)\tis satisfied on reasonable grounds that the operator is not a suitable person to operate the major hazard facility or proposed major hazard facility.\n\t(3)\tIf no determination is made under this regulation, the operator of the major hazard facility or proposed major hazard facility is taken to be a suitable person to operate the major hazard facility and to apply for a major hazard facility licence.\nA determination that a person is not a suitable operator is a reviewable decision (see regulation 676).\n544—Conditions on determination of major hazard facility\n\t(1)\tThe regulator may impose any conditions it considers appropriate on a determination made under regulation 541 or 542.\n\t(a)\tadditional control measures that must be implemented in relation to the carrying out of work or activities at the determined major hazard facility;\n\t(b)\tthe recording or keeping of additional information;\n\t(c)\tthe provision of additional information, training and instruction or the provision of specified information, training and instruction to additional persons or classes of persons;\n\t(d)\tthe provision of additional information to the regulator;\n\t(e)\tif the operator is a person conducting a business or undertaking, the additional class of persons who may carry out work or activities on the operator's behalf.\n\t(3)\tThe operator of a determined major hazard facility, in relation to which conditions are imposed under this regulation, must ensure that the conditions are complied with.\nA decision to impose a condition on a determination is a reviewable decision (see regulation 676).\n545—Notice and effect of determinations\n\t(1)\tIf the regulator makes a determination under this Part, the regulator must give the operator of the determined major hazard facility a written notice of the determination, stating—\n\t(a)\tthe reasons for the determination; and\n\t(b)\tthe date on which the determination takes effect, which must be at least 28 days after the date of the notice; and\n\t(c)\tany conditions imposed on the determination under regulation 544.\n\t(2)\tThe notice must be given within 14 days of the making of the determination.\n\t(3)\tThe effect of a determination under regulation 543 is that—\n\t(a)\tthe operator is not taken to be a suitable person to operate the determined major hazard facility; and\n\t(b)\tthe exemption provided by regulation 535(3) does not apply to the determined major hazard facility.\nFor the effect of a determination under regulation 541 or 542, see definition of determined major hazard facility in regulation 5.\n\t(4)\tA determination takes effect on the date specified in the notice.\n\t(5)\tA determination is of unlimited duration unless it is revoked.\n546—When regulator may revoke a determination\nThe regulator may revoke a determination under this Part if, after consultation with the major hazard facility's contact person or operator (as applicable), the regulator is satisfied that the reasons for the determination no longer apply.\n547—Re-notification if quantity of Schedule 15 chemicals increases\n\t(1)\tThis regulation applies to a facility or proposed facility—\n\t(a)\tat which the quantity of Schedule 15 chemicals present or likely to be present exceeds 10% of their threshold quantity but does not exceed their threshold quantity; and\n\t(b)\tin relation to which notification was given under regulation 536 or 537; and\n\t(c)\tin relation to which the regulator—\n\t(i)\thas not conducted an inquiry under this Division; or\n\t(ii)\ton conducting an inquiry, has not determined the facility or proposed facility to be a major hazard facility under regulation 541.\n\t(2)\tThe operator of the facility or proposed facility must re‑notify the regulator in accordance with this Part if the quantity of Schedule 15 chemicals present or likely to be present at the facility or proposed facility increases, or is likely to increase, to a level that exceeds the level previously notified to the regulator.\n\t(3)\tThe provisions of this Part apply, to the extent that they relate to a re‑notification under this regulation, as if the re‑notification were a notification under regulation 536.\n548—Notification by new operator\n\t(1)\tThis regulation applies—\n\t(a)\tin relation to a determined major hazard facility that is proposed to be operated by a new operator;\n\t(b)\twhether or not a determination under regulation 543 was made in relation to the current operator.\n\t(2)\tA proposed new operator of the determined major hazard facility must give the regulator a notification that contains the information specified in regulation 538(3) in relation to the proposed new operator.\n\t(3)\tThe provisions of this Part apply, to the extent that they relate to the suitability of an operator, as if the notification under subregulation (2) were a notification under regulation 536.\n549—Time in which major hazard facility licence must be applied for\n\t(1)\tSubject to this regulation, the operator of a determined major hazard facility must apply for a major hazard facility licence within 24 months after the determination of the facility.\n\t(2)\tThe regulator may extend the time in which the operator of a determined major hazard facility must apply for a licence if satisfied, on application by the operator, that there has not been sufficient time to comply with Chapter 9 Part 3.\nThe exemption from the requirement to be licensed is conditional on an application for a licence being made within the time specified by this regulation (see regulation 535(3) and (5)).\nPart 3—Duties of operators of determined major hazard facilities\n1\tThe operator of a determined major hazard facility is required to comply with this Part for a specified period and to prepare a safety case in order to apply for a major hazard facility licence.\n2\tThe Act and Chapter 7 of these regulations (Hazardous chemicals) continue to apply to a determined major hazard facility.\nDivision 1—Application of Chapter 9 Part 3\n550—Application of Chapter 9 Part 3\nThis Part ceases to apply to a determined major hazard facility at the end of the exemption period applying to that facility under regulation 535.\nDivision 2—Safety case outline\n551—Safety case outline must be provided\nThe operator of a determined major hazard facility must provide the regulator with a safety case outline for the major hazard facility within 3 months after the facility is determined to be a major hazard facility.\n552—Content\nA safety case outline provided under regulation 551 must include the following:\n\t(a)\ta written plan for the preparation of the safety case, including key steps and timelines, with reference being made to each element of the safety case;\n\t(b)\ta description of the methods to be used in preparing the safety case, including methods for ensuring that all the information contained in the safety case is accurate and up to date when the safety case is provided to the regulator;\n\t(c)\tdetails of the resources that will be applied to the preparation of the safety case, including the number of persons involved, their relevant knowledge and experience and sources of technical information;\n\t(d)\ta description of the consultation with workers that—\n\t(i)\toccurred in the preparation of the safety case outline; and\n\t(ii)\twill occur in the preparation of the safety case;\n\t(e)\ta draft of the emergency plan prepared or to be prepared under regulation 557 or, if the major hazard facility is also a mine, the emergency plan prepared under regulation 664;\n\t(f)\ta summary of any arrangements that are to be made in relation to the security of the major hazard facility.\nArrangements for preventing unauthorised access to the major hazard facility.\n553—Alteration\n\t(1)\tIf the regulator is not satisfied that a safety case outline provided by the operator of a determined major hazard facility will lead to the development of a safety case that complies with regulation 561, the regulator may require the operator to alter the outline.\n\t(2)\tIf the regulator proposes to require an operator to alter a safety case outline, the regulator must give the operator a written notice—\n\t(a)\tinforming the operator of the proposed requirement and the reasons for it; and\n\t(b)\tadvising the operator that the operator may make a submission to the regulator in relation to the proposed requirement; and\n\t(c)\tspecifying the date (being not less than 28 days) by which the submission must be made.\n\t(3)\tThe regulator must—\n\t(a)\tif the operator has made a submission in relation to the proposed requirement to alter a safety case outline—consider that submission; and\n\t(b)\twhether or not the operator has made a submission—decide whether or not to require the operator to alter the outline; and\n\t(c)\twithin 14 days after deciding, give the operator written notice of the decision, including details of the alteration required and the reasons why it is required.\n\t(4)\tThe operator must alter the outline as required.\n\t(5)\tThe operator must give the regulator a copy of a safety case outline that has been altered—\n\t(a)\tunder this regulation; or\n\t(b)\tby the operator on the operator's initiative.\n\t(6)\tThe safety case outline as altered becomes the safety case outline for the major hazard facility.\nDivision 3—Management of risk\n554—Identification of major incidents and major incident hazards\n\t(1)\tThe operator of a determined major hazard facility must identify—\n\t(a)\tall major incidents that could occur in the course of the operation of the major hazard facility; and\n\t(b)\tall major incident hazards for the major hazard facility, including major incident hazards relating to the security of the major hazard facility.\n\t(2)\tIn complying with subregulation (1), the operator must have regard to any advice and recommendations given by—\n\t(a)\tthe emergency service organisations with responsibility for the area in which the major hazard facility is located; and\n\t(b)\tany government department or agency with a regulatory role in relation to major hazard facilities.\n\t(3)\tThe operator must document—\n\t(a)\tall identified major incidents and major incident hazards; and\n\t(b)\tthe criteria and methods used in identifying the major incidents and major incident hazards; and\n\t(c)\tany external conditions under which the major incident hazards, including those relating to the security of the major hazard facility, might give rise to the major incidents.\n555—Safety assessment\n\t(1)\tThe operator of a determined major hazard facility must conduct a safety assessment in relation to the operation of the major hazard facility.\n\t(2)\tIn order to provide the operator with a detailed understanding of all aspects of risks to health and safety associated with major incidents, a safety assessment must involve a comprehensive and systematic investigation and analysis of all aspects of risks to health and safety associated with all major incidents that could occur in the course of the operation of the major hazard facility, including the following:\n\t(a)\tthe nature of each major incident and major incident hazard;\n\t(b)\tthe likelihood of each major incident hazard causing a major incident;\n\t(c)\tin the event of a major incident occurring, its potential magnitude and the severity of its potential health and safety consequences;\n\t(d)\tthe range of control measures considered;\n\t(e)\tthe control measures the operator decides to implement.\n\t(3)\tIn conducting a safety assessment, the operator must—\n\t(a)\tconsider major incidents and major incident hazards cumulatively as well as individually; and\n\t(b)\tuse assessment methods (whether quantitative or qualitative, or both), that are suitable for the major incidents and major incident hazards being considered.\n\t(4)\tThe operator must document all aspects of the safety assessment, including—\n\t(a)\tthe methods used in the investigation and analysis; and\n\t(b)\tthe reasons for deciding which control measures to implement.\n\t(5)\tThe operator must keep a copy of the safety assessment at the major hazard facility.\n556—Control of risk\n\t(1)\tThe operator of a determined major hazard facility must implement control measures that—\n\t(a)\teliminate, so far as is reasonably practicable, the risk of a major incident occurring; or\n\t(b)\tif it is not reasonably practicable to eliminate that risk—minimise that risk so far as is reasonably practicable.\n\t(2)\tThe operator of a determined major hazard facility must implement risk control measures designed to minimise, in the event of a major incident occurring, its magnitude and the severity of its consequences to persons both on‑site and off‑site.\n557—Emergency plan\n\t(1)\tThe operator of a determined major hazard facility must prepare an emergency plan for the major hazard facility that—\n\t(a)\taddresses all health and safety consequences of a major incident occurring; and\n\t(b)\tincludes all matters specified in Schedule 16; and\n\t(c)\tprovides for testing of emergency procedures, including the frequency of testing.\n\t(2)\tIn preparing an emergency plan, the operator must consult with—\n\t(a)\tthe emergency service organisations with responsibility for the area in which the major hazard facility is located; and\n\t(b)\tin relation to the off‑site health and safety consequences of a major incident occurring—the local authority.\n\t(3)\tThe operator must ensure that the emergency plan addresses any recommendation made by the emergency service organisations consulted under subregulation (2) in relation to—\n\t(a)\tthe testing of the emergency plan, including the manner in which it will be tested, the frequency of testing and whether or not the emergency service organisations will participate in the testing; and\n\t(b)\twhat incidents or events at the major hazard facility should be notified to the emergency service organisations.\n\t(4)\tThe operator must have regard to any other recommendation or advice given by a person consulted under subregulation (2).\n\t(5)\tThe operator must—\n\t(a)\tkeep a copy of the plan at the major hazard facility; and\n\t(b)\tgive a copy of the plan to—\n\t(i)\tthe emergency service organisations consulted under subregulation (2); and\n\t(ii)\tany other relevant emergency service organisations.\n\t(6)\tThe operator must test the emergency plan in accordance with the recommendations made by the emergency service organisations consulted under subregulation (2) before applying for a licence for the major hazard facility.\n\t(7)\tThe operator must immediately implement the emergency plan if—\n\t(a)\ta major incident occurs in the course of the operation of the major hazard facility; or\n\t(b)\tan event occurs that could reasonably be expected to lead to a major incident.\n\t(8)\tThe operator must notify the emergency service organisations consulted under subregulation (2) of the occurrence of an incident or event referred to in subregulation (3)(b).\n\t(9)\tThis regulation does not apply to the operator of a major hazard facility that is also a mine if—\n\t(a)\tthe operator has prepared an emergency plan for the mine that complies with regulation 664; and\n\t(b)\tthe plan addresses all matters required to be addressed under this regulation and includes all matters specified in Schedule 16.\nThis regulation applies in addition to regulation 43.\n558—Safety management system\n\t(1)\tThe operator of a determined major hazard facility must establish a safety management system for the operation of the major hazard facility, in accordance with this regulation.\n\t(2)\tThe operator of a determined major hazard facility must implement the safety management system for the major hazard facility, so far as is reasonably practicable.\n\t(3)\tThe safety management system must—\n\t(a)\tprovide a comprehensive and integrated system for the management of all aspects of risk control in relation to the occurrence and potential occurrence of major incidents at the major hazard facility; and\n\t(b)\tbe designed to be used by the operator as the primary means of ensuring the safe operation of the major hazard facility.\n\t(4)\tThe safety management system must—\n\t(a)\tbe documented; and\n\t(b)\tstate the operator's safety policy, including the operator's broad aims in relation to the safe operation of the major hazard facility; and\n\t(c)\tstate the operator's specific safety objectives and describe the systems and procedures that will be used to achieve those objectives; and\n\t(d)\tinclude the matters specified in Schedule 17; and\n\t(e)\tbe readily accessible to persons who use it.\n\t(5)\tThis regulation does not apply to the operator of a major hazard facility that is also a mine if—\n\t(a)\tthe operator has established a safety management system for the mine that complies with regulation 621; and\n\t(b)\tthe system—\n\t(i)\tdeals with all matters required to be addressed by a safety management system under this regulation and includes all matters specified in Schedule 17; and\n\t(ii)\tis readily accessible to persons who use it.\n559—Review of risk management\n\t(1)\tThe operator of a determined major hazard facility must review and as necessary revise the following, in accordance with this regulation:\n\t(a)\tthe safety assessment conducted under regulation 555 in order to ensure the adequacy of the control measures to be implemented by the operator;\n\t(b)\tthe major hazard facility's emergency plan (unless, in the case of a major hazard facility that is also a mine, the operator of the facility is not required to prepare an emergency plan for the facility under regulation 557 because the operator has prepared a suitable emergency plan under regulation 664);\n\t(c)\tthe major hazard facility's safety management system (unless, in the case of a major hazard facility that is also a mine, the operator of the facility is not required to establish a safety management system for the facility under regulation 558 because the operator has established a suitable safety management system under regulation 661).\n\t(2)\tWithout limiting subregulation (1), the operator must conduct a review and revision in the following circumstances:\n\t(a)\ta modification to the major hazard facility is proposed;\n\t(b)\ta control measure implemented under regulation 556 does not minimise the relevant risk so far as is reasonably practicable;\nAn effectiveness test indicates a deficiency in the control measure.\n\t(c)\ta new major hazard risk is identified;\n\t(d)\tthe results of consultation by the operator under Chapter 9 Part 5 indicate that a review is necessary;\n\t(e)\ta health and safety representative requests a review under subregulation (4);\n\t(f)\tthe regulator requires the review.\n\t(3)\tIn reviewing and revising the emergency plan, the operator must consult with the emergency service organisations referred to in regulation 557(2).\n\t(4)\tA health and safety representative for workers at a major hazard facility may request a review if the representative reasonably believes that—\n\t(a)\ta circumstance referred to in subregulation (2)(a), (b), (c) or (d) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and\n\t(b)\tthe operator has not adequately conducted a review in response to the circumstance.\n\t(5)\tIf a major hazard facility is also a mine and an emergency plan that complies with regulation 664 has been prepared in relation to the facility, the plan must be reviewed in accordance with regulation 670.\n\t(6)\tIf a major hazard facility is also a mine and a safety management system that complies with regulation 621 has been established in relation to the facility, the system must be reviewed in accordance with regulation 625.\nDivision 4—Safety case\n560—Safety case must be provided\nThe operator of a determined major hazard facility must provide the regulator with a completed safety case for the major hazard facility, that has been prepared in accordance with regulation 561, within 24 months after the facility was determined to be a major hazard facility.\n561—Content\n\t(1)\tThe operator must prepare the safety case in accordance with the safety case outline prepared or altered under this Division.\n\t(2)\tA safety case must contain the following:\n\t(a)\ta summary of the identification conducted under regulation 554, including a list of all major incidents identified;\n\t(b)\ta summary of the safety assessment conducted under regulation 555;\n\t(c)\ta summary of the major hazard facility's emergency plan;\n\t(d)\ta summary of the major hazard facility's safety management system;\n\t(e)\ta description of any arrangements made in relation to the security of the major hazard facility;\n\t(f)\ta description of the consultation with workers that took place under regulation 575 in the preparation of the safety case;\n\t(g)\tthe additional matters specified in Schedule 18.\n\t(3)\tThe safety case must include any further information that is necessary to ensure that all information contained in the safety case is accurate and up to date.\n\t(4)\tA safety case must demonstrate—\n\t(a)\tthat the major hazard facility's safety management system will, once implemented, control risks arising from major incidents and major incident hazards; and\n\t(b)\tthe adequacy of the measures to be implemented by the operator to control risks associated with the occurrence and potential occurrence of major incidents.\n\t(5)\tThe operator must include in the safety case a signed statement that—\n\t(a)\tthe information provided under subregulations (1) and (2) is accurate and up to date; and\n\t(b)\tas a consequence of conducting the safety assessment, the operator has a detailed understanding of all aspects of risk to health and safety associated with major incidents that may occur; and\n\t(c)\tthe control measures to be implemented by the operator—\n\t(i)\twill eliminate the risk of a major incident occurring, so far as is reasonably practicable; and\n\t(ii)\tif it is not reasonably practicable to eliminate the risk of a major incident occurring—will minimise the risk so far as is reasonably practicable; and\n\t(iii)\tin the event of a major incident occurring—will minimise its magnitude and the severity of its health and safety consequences so far as is reasonably practicable; and\n\t(d)\tall persons to be involved in the implementation of the safety management system have the knowledge and skills necessary to enable them to carry out their role safely and competently.\n\t(6)\tIf the operator is a body corporate, the safety case must be signed by the most senior executive officer of the body corporate who resides in this State.\n562—Co-ordination for multiple facilities\n\t(1)\tThe regulator may require the operators of 2 or more major hazard facilities to co‑ordinate the preparation of the safety cases for their major hazard facilities if the regulator is satisfied on reasonable grounds that such co‑ordination is necessary in the interests of the safe operation and effective safety management of any or all of those major hazard facilities.\n\t(2)\tIf the regulator requires the co‑ordinated preparation of safety cases, each operator must provide the other operators with information concerning any circumstances at the operator's facility that could constitute a major incident hazard in relation to any of the other major hazard facilities.\n\t(3)\tIn complying with this regulation, the operator is not required to disclose information that may expose the major hazard facility to a major incident hazard in relation to the security of the major hazard facility.\n563—Review\nThe operator of a determined major hazard facility must review and as necessary revise the major hazard facility's safety case after any review is conducted under regulation 559.\nThe operator of a licensed major hazard facility is required to notify the regulator of any change in relation to certain information about the licence (see regulation 588).\nPart 4—Licensed major hazard facilities—risk management\nThis Part applies to a major hazard facility that is licensed under Chapter 9 Part 7.\n564—Identification of major incidents and major incident hazards\n\t(1)\tThe operator of a licensed major hazard facility must identify—\n\t(a)\tall major incidents that could occur in the course of the operation of the major hazard facility; and\n\t(b)\tall major incident hazards for the major hazard facility, including major incident hazards relating to the security of the major hazard facility.\n\t(2)\tIn complying with subregulation (1), the operator must have regard to any advice and recommendations given by—\n\t(a)\tthe emergency service organisations with responsibility for the area in which the major hazard facility is located; and\n\t(b)\tany government department or agency with a regulatory role in relation to major hazard facilities.\n\t(3)\tThe operator must document—\n\t(a)\tall identified major incidents and major incident hazards; and\n\t(b)\tthe criteria and methods used in identifying the major incidents and major incident hazards; and\n\t(c)\tany external conditions under which the major incident hazards, including those relating to the security of the major hazard facility, might give rise to the major incidents.\n\t(4)\tAll major incidents and major incident hazards identified and documented under regulation 554 in relation to the major hazard facility are taken to have been identified and documented under this regulation.\n565—Safety assessment\nThe operator of a licensed major hazard facility must keep a copy of the safety assessment documented under regulation 555 as revised under Chapter 9 Part 3 and this Part at the facility.\n566—Control of risk\n\t(1)\tThe operator of a licensed major hazard facility must implement risk control measures that—\n\t(a)\teliminate, so far as is reasonably practicable, the risk of a major incident occurring; or\n\t(b)\tif it is not reasonably practicable to eliminate that risk—minimise that risk so far as is reasonably practicable.\n\t(2)\tThe operator of a licensed major hazard facility must implement risk control measures designed to minimise, in the event of a major incident occurring, its magnitude and the severity of its consequences to persons both on‑site and off‑site.\n567—Emergency plan\n\t(1)\tThe operator of a licensed major hazard facility must keep a copy of the major hazard facility's emergency plan prepared under regulation 557 as revised under Chapter 9 Part 3 and this Part at the facility.\n\t(2)\tThe operator must test the emergency plan in accordance with the recommendations made by the emergency service organisations referred to in regulation 557(2).\n\t(3)\tThe operator must immediately implement the emergency plan if—\n\t(a)\ta major incident occurs in the course of the operation of the major hazard facility; or\n\t(b)\tan event occurs that could reasonably be expected to lead to a major incident.\n\t(4)\tThe operator must notify the regulator and the emergency service organisations referred to in regulation 557(2) of the occurrence of an incident or event referred to in regulation 557(3) as soon as practicable after the incident or event occurs.\n568—Safety management system\n\t(1)\tThe operator of a licensed major hazard facility must implement the major hazard facility's safety management system established under regulation 558 as revised under Chapter 9 Part 3 and this Part.\n\t(2)\tThe operator must use the safety management system as the primary means of—\n\t(a)\tensuring the health and safety of workers engaged or caused to be engaged by the operator and workers whose activities in carrying out work are influenced or directed by the operator while the workers are at work in the operation of the major hazard facility; and\n\t(b)\tensuring that the health and safety of other persons is not put at risk from work carried out as part of the operation of the major hazard facility.\nThe operator of a licensed major hazard facility is required to notify the regulator of any change in relation to certain information about the licence (see regulation 588).\n569—Review of risk management\n\t(1)\tThe operator of a licensed major hazard facility must review and as necessary revise the following, in accordance with this regulation:\n\t(a)\tthe safety assessment for the facility in order to ensure the adequacy of the control measures to be implemented by the operator;\n\t(b)\tthe major hazard facility's emergency plan;\n\t(c)\tthe major hazard facility's safety management system.\n\t(2)\tWithout limiting subregulation (1), the operator must conduct a review and revision in the following circumstances:\n\t(a)\ta modification to the major hazard facility is proposed;\n\t(b)\ta control measure implemented under regulation 566 does not minimise the relevant risk so far as is reasonably practicable;\nAn effectiveness test indicates a deficiency in the control measure.\n\t(c)\ta new major hazard risk is identified;\n\t(d)\tthe results of consultation by the operator under Chapter 9 Part 5 indicate that a review is necessary;\n\t(e)\ta health and safety representative requests a review under subregulation (5);\n\t(f)\tthe regulator requires the review;\n\t(g)\tat least once every 5 years.\n\t(3)\tIn reviewing and revising the safety assessment, the operator must comply with the requirements set out in regulation 555(2), (3) and (4).\n\t(4)\tIn reviewing and revising the emergency plan, the operator must consult with the emergency service organisations referred to in regulation 557(2).\n\t(5)\tA health and safety representative for workers at a major hazard facility may request a review if the representative reasonably believes that—\n\t(a)\ta circumstance referred to in subregulation (2)(a), (b), (c) or (d) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and\n\t(b)\tthe operator has not adequately conducted a review in response to the circumstance.\n570—Safety case—review\nThe operator of a licensed major hazard facility must review and as necessary revise the safety case after any review is conducted under regulation 569.\nThe operator of a licensed major hazard facility is required to notify the regulator of any change in relation to certain information about the licence. See regulation 588.\n571—Information for visitors\nThe operator of a licensed major hazard facility must ensure that a person other than a worker who enters the major hazard facility is as soon as practicable—\n\t(a)\tinformed about hazards at the major hazard facility that may affect that person; and\n\t(b)\tinstructed in safety precautions the person should take; and\n\t(c)\tinstructed in the actions the person should take if the emergency plan is implemented while the person is on‑site.\n572—Information for local community—general\n\t(1)\tThe operator of a licensed major hazard facility must ensure the provision of the following information to the local community and the local authority:\n\t(a)\tthe name and location of the major hazard facility;\n\t(b)\tthe name, position and contact details of a contact person from whom information may be obtained;\n\t(c)\ta general description of the major hazard facility's operations;\n\t(d)\tthe means by which the local community will be informed of a major incident occurring;\n\t(e)\tthe actions, as specified in the major hazard facility's emergency plan, that members of the local community should take if a major incident occurs;\n\t(f)\ta summary of the safety case for the major hazard facility.\n\t(2)\tThe operator must ensure that the information provided under subregulation (1) is—\n\t(a)\tset out and expressed in a way that is readily accessible and understandable to persons who are not familiar with the major hazard facility and its operations; and\n\t(b)\treviewed and as necessary revised if a modification is made to the major hazard facility; and\n\t(c)\tsent in writing to any community or public library serving the local community.\n\t(3)\tIn complying with subregulation (1), the operator is not required to disclose information that may expose the major hazard facility to a major incident hazard in relation to the security of the major hazard facility.\n\t(4)\tThe operator of a licensed major hazard facility who receives a written request from a person who reasonably believes that the occurrence of a major incident at the major hazard facility may adversely affect his or her health or safety must give that person a copy of the information provided to the local community under this regulation.\n573—Information for local community—major incident\n\t(1)\tAs soon as practicable after a major incident occurs, the operator of the major hazard facility must take all reasonable steps to provide the persons specified in subregulation (2) with information about the major incident, including—\n\t(a)\ta general description of the major incident; and\n\t(b)\ta description of the actions the operator has taken and proposes to take to prevent any recurrence of the major incident or the occurrence of a similar major incident; and\n\t(c)\trecommended actions that the local authority and members of the local community should take to eliminate or minimise risks to health and safety.\n\t(2)\tThe persons to whom information about a major incident must be given are—\n\t(a)\tthe local community, if a member of the local community was affected by the major incident; and\n\t(b)\tthe local authority; and\n\t(c)\tany government department or agency with a regulatory role in relation to major hazard facilities.\nPart 5—Consultation and workers' safety role\n574—Safety role for workers\n\t(1)\tThe operator of a determined major hazard facility must, within the time specified in the safety case outline for the major hazard facility, implement a safety role for the workers at the major hazard facility that enables them to contribute to—\n\t(a)\tthe identification of major incidents and major incident hazards under regulation 554; and\n\t(b)\tthe consideration of control measures in the conduct of the safety assessment under regulation 555; and\n\t(c)\tthe conduct of a review under regulation 559.\n\t(2)\tThe operator of a licensed major hazard facility must implement a safety role for workers at the facility so as to enable them to contribute to the conduct of a review under regulation 569.\n575—Operator of major hazard facility must consult with workers\n\t(1)\tFor the purposes of section 49(f) of the Act, the operator of a determined major hazard facility must consult with workers at the major hazard facility in relation to the following:\n\t(a)\tthe preparation of the safety case outline for the major hazard facility;\n\t(b)\tthe preparation, testing and implementation of the major hazard facility's emergency plan;\n\t(c)\tthe establishment and implementation of the major hazard facility's safety management system;\n\t(d)\tthe conduct of a review under regulation 559;\n\t(e)\tthe implementation of the workers' safety role under regulation 574(1);\n\t(f)\tthe preparation and review of the major hazard facility's safety case.\n\t(2)\tFor the purposes of section 49(f) of the Act, the operator of a licensed major hazard facility must consult with workers at the major hazard facility in relation to the following:\n\t(a)\tthe testing and implementation of the major hazard facility's emergency plan;\n\t(b)\tthe implementation of the major hazard facility's safety management system;\n\t(c)\tthe conduct of a review under regulation 569;\n\t(d)\tthe implementation of the workers' safety role under regulation 574(2);\n\t(e)\ta review of the major hazard facility's safety case.\nSee section 49 of the Act for other consultation duties of a person conducting a business or undertaking.\nPart 6—Duties of workers at licensed major hazard facilities\n576—Duties\n\t(1)\tWhile at work, a worker at a licensed major hazard facility must—\n\t(a)\tcomply with any procedure imposed by the operator as a control measure in relation to major incidents, including the taking of corrective action under the procedure; and\n\t(b)\tcomply with any procedure in the emergency plan, including the taking of corrective action under the plan; and\n\t(c)\timmediately inform the operator about any circumstance that the worker believes may cause a major incident; and\n\t(d)\tinform his or her supervisor about any corrective action taken by the worker.\nMaximum penalty: $3 600.\n\t(2)\tA worker is not required to comply with subregulation (1) if to do so would risk the health or safety of the worker or of another worker or other person.\nPart 7—Licensing of major hazard facilities\nDivision 1—Licensing process\n577—Who may apply for a licence\nOnly an operator of a determined major hazard facility who is taken to be a suitable operator under regulation 543 may apply for a major hazard facility licence for that facility.\n578—Application for major hazard facility licence\n\t(1)\tAn application for a major hazard facility licence must be made in the manner and form required by the regulator.\n\t(a)\tthe operator's name;\n\t(b)\twhether or not the operator is a body corporate;\n\t(c)\tif the operator conducts the business or undertaking under a business name, that business name and a certificate or other written evidence of the registration of the business name;\n\t(d)\tany other evidence of the operator's identity required by the regulator;\n\t(e)\tthe safety case prepared under Division 4 of Chapter 9 Part 3;\n\t(f)\tif the operator is an individual—\n\t(i)\ta declaration as to whether or not the operator has ever been convicted or found guilty of any offence under the Act or these regulations or under any corresponding WHS law; and\n\t(iii)\ta declaration as to whether or not the operator has ever entered into an enforceable undertaking under the Act or under any corresponding WHS law; and\n\t(iv)\tdetails of any enforceable undertaking declared under subparagraph (iii); and\n\t(v)\tif the operator has previously been refused a major hazard facility licence under a corresponding WHS law, a declaration giving details of that refusal; and\n\t(vi)\tif the operator has previously held a major hazard facility licence under the Act or these regulations or under a corresponding WHS law, a declaration—\n\t(B)\tstating whether or not that licence had been suspended or cancelled and, if so, whether or not the operator had been disqualified from applying for a major hazard facility licence; and\n\t(C)\tgiving details of any suspension, cancellation or disqualification; and\n\t(vii)\tany additional information required by the regulator;\n\t(g)\tif the operator is a body corporate, the information referred to in paragraph (f) in relation to—\n\t(i)\tthe operator; and\n\t(ii)\teach officer of the operator.\nSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n579—Additional information\n\t(1)\tIf an application for a major hazard facility licence does not contain sufficient information to enable the regulator to make a decision whether or not to grant the licence, the regulator may ask the operator to provide additional information.\n\t(a)\tspecify the date (not being less than 28 days after the request) by which the additional information is to be given; and\n\t(3)\tIf an operator does not provide the additional information by the date specified, the application is to be taken to have been withdrawn.\nSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n580—Decision on application\n\t(1)\tSubject to this regulation, the regulator must grant a major hazard facility licence if satisfied about the matters referred to in subregulation (2).\n\t(b)\tthe safety case for the facility has been prepared in accordance with Division 3 of Chapter 9 Part 3;\n\t(c)\tthe operator is able to operate the major hazard facility safely and competently;\n\t(d)\tthe operator is able to comply with any conditions that will apply to the licence.\n\t(3)\tThe regulator may refuse to grant a major hazard facility licence if it becomes aware of circumstances that satisfy it that the following persons are not suitable persons to exercise management or control over the major hazard facility:\n\t(a)\tif the operator is an individual—the operator;\n\t(b)\tif the operator is a body corporate—any officer of the body corporate.\n\t(4)\tThe regulator must refuse to grant a major hazard facility licence if satisfied that the operator, in making the application, has—\n\t(5)\tIf the regulator decides to grant the licence, it must notify the operator within 14 days after making the decision.\n\t(6)\tIf the regulator does not make a decision within 6 months after receiving the application or the additional information requested under regulation 579, the regulator is taken to have refused to grant the licence applied for.\nA refusal to grant a major hazard facility licence (including under subregulation (6)) is a reviewable decision (see regulation 676).\n581—Matters to be taken into account\n\t(1)\tFor the purposes of regulation 580(3), if the operator is an individual, the regulator must have regard to all relevant matters, including the following:\n\t(a)\tany offence under the Act or these regulations or under a corresponding WHS law of which the operator has been convicted or found guilty;\n\t(b)\tany enforceable undertaking the operator has entered into under the Act or under a corresponding WHS law;\n\t(c)\tin relation to a major hazard facility licence applied for or held by the operator under the Act or these regulations or under a corresponding WHS law—\n\t(ii)\tany condition imposed on the licence, if granted, and the reason the condition was imposed; and\n\t(iii)\tany suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence;\n\t(d)\tthe operator's record in relation to any matters arising under the Act or these regulations or under a corresponding WHS law;\n\t(e)\tany advice or recommendations received from any agency of the Crown with responsibility in relation to national security.\n\t(2)\tFor the purposes of regulation 580(3), if the operator is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subregulation (1), in relation to—\n582—When decision is to be made\nThe regulator must make a decision in relation to an application for a major hazard facility licence within 6 months after receiving the application or the additional information requested under regulation 579.\n583—Refusal to grant major hazard facility licence—process\n\t(1)\tIf the regulator proposes to refuse to grant a major hazard facility licence, the regulator must give a written notice to the operator—\n\t(a)\tinforming the operator of the reasons for the proposed refusal; and\n\t(b)\tadvising the operator that the operator may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.\n\t(a)\tif the operator has made a submission in relation to the proposed refusal to grant the licence—consider that submission; and\n\t(b)\twhether or not the operator has made a submission—decide whether to grant or refuse to grant the licence; and\n\t(c)\twithin 14 days after making the decision, give the operator written notice of the decision, including the reasons for the decision.\n584—Conditions of licence\n\t(1)\tThe regulator may impose any conditions it considers appropriate on a major hazard facility licence.\n\t(2)\tWithout limiting subregulation (1), the regulator may impose conditions in relation to 1 or more of the following matters:\n\t(a)\tadditional control measures which must be implemented in relation to the carrying out of work or activities under the licence;\n\t(b)\tthe recording or keeping of additional information;\n\t(c)\tthe provision of additional information, training and instruction or the giving of specified information, training and instruction to additional persons or classes of persons;\n\t(d)\tthe provision of additional information to the regulator;\n\t(e)\tif the operator is a person conducting a business or undertaking, the additional class of persons who may carry out work or activities on the operator's behalf.\n1\tA person must comply with the conditions of a licence (see section 45 of the Act).\n585—Duration of licence\nSubject to this Part, a major hazard facility licence takes effect on the day it is granted and, unless cancelled earlier, expires on the day determined by the regulator, which must be not more than 5 years after the day the licence was granted.\n585A—Annual fee\nThe operator of a major hazard facility must, in each year, on or before the anniversary of the date on which the licence for the facility was granted, pay to the regulator the relevant fee.\n586—Licence document\n\t(1)\tIf the regulator grants a major hazard facility licence, the regulator must issue to the operator a licence document in the form determined by the regulator.\n\t(a)\tthe name of the operator;\n\t(b)\tif the operator conducts the business or undertaking under a business name—that business name;\n\t(c)\tthe location of the major hazard facility;\n\t(d)\tany conditions imposed on the licence by the regulator;\n\t(e)\tthe date on which the licence was granted;\n\t(f)\tthe expiry date of the licence.\n587—Licence document to be available\n\t(1)\tThe operator of the major hazard facility must keep the licence document available for inspection under the Act.\n\t(2)\tSubregulation (1) does not apply if the licence document is not in the operator's possession because—\n\t(a)\tit has been returned to the regulator under regulation 593; and\n\t(b)\tthe operator has applied for, but has not received, a replacement licence under regulation 594.\nDivision 2—Amendment of licence and licence document\n588—Changes to information\n\t(1)\tThe operator of a licensed major hazard facility must give the regulator written notice of any change to any material particular in any information given at any time by the operator to the regulator in relation to the licence within 14 days after the operator becomes aware of the change.\nA change to the quantity of the hazardous chemicals present or likely to be present at the facility.\n\t(2)\tSubregulation (1) applies whether the information was given in the application for grant or renewal of the licence or in any other circumstance.\n589—Amendment imposed by regulator\n\t(1)\tThe regulator may, on its own initiative, amend a major hazard facility licence, including amending the licence to—\n\t(a)\tvary or delete a condition of the licence; or\n\t(b)\timpose a new condition on the licence.\n\t(2)\tIf the regulator proposes to amend a licence, the regulator must give the operator a written notice—\n\t(a)\tsetting out the proposed amendments and the reasons for it; and\n\t(b)\tadvising the operator that the operator may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed amendment.\n\t(a)\tif the operator has made a submission in relation to the proposed amendment—consider that submission; and\n\t(b)\twhether or not the operator has made a submission—decide—\n\t(iii)\tto make a different amendment that results from consideration of any submission made by the operator; and\n\t(c)\twithin 14 days after making that decision, give the operator written notice that—\n\t(i)\tsets out the amendment, if any; and\n\t(ii)\tif a submission was made in relation to the proposed amendment—sets out the regulator's reasons for making the amendment; and\n\t(iii)\tspecifies the date (being not less than 28 days after the operator is given the notice) on which the amendment, if any, takes effect.\nA decision to amend a licence is a reviewable decision (see regulation 676).\n590—Amendment on application by operator\n\t(1)\tThe regulator, on application by the operator of a licensed major hazard facility, may amend the major hazard facility licence, including by amending the licence to vary or delete a condition of the licence.\n\t(2)\tIf the regulator proposes to refuse to amend the licence, the regulator must give the operator a written notice—\n\t(a)\tinforming the operator of the proposed refusal to amend the licence and the reasons for the proposed refusal; and\n\t(b)\tadvising the operator that the operator may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.\n\t(a)\tif the operator has made a submission in relation to the proposed refusal—consider that submission; and\n\t(b)\twhether or not the operator has made a submission—decide—\n\t(iii)\tto make a different amendment that results from consideration of any submission made by the operator; and\n\t(c)\twithin 14 days after making that decision, give the operator written notice of the decision in accordance with this regulation.\n\t(4)\tIf the regulator makes the amendment applied for, the notice under subregulation (3)(c) must specify the date (not being less than 28 days after the operator is given the decision notice) on which the amendment takes effect.\n\t(5)\tIf the regulator refuses to make the amendment applied for or makes a different amendment, the notice under subregulation (3)(c) must—\n\t(a)\tif a submission was made in relation to the proposed refusal of the amendment applied for—set out the reasons for the regulator's decision; and\n\t(ii)\tspecify the date (being not less than 28 days after the operator is given the decision notice) on which the amendment takes effect.\nA refusal to make the amendment applied for, or a decision to make a different amendment, is a reviewable decision (see regulation 676).\n591—Minor corrections to major hazard facility licence\nThe regulator may make minor amendments to a major hazard facility licence, including an amendment—\n\t(c)\tthat does not impose a significant burden on the operator.\n592—Regulator to give amended licence document to operator\nIf the regulator amends a major hazard facility licence and considers that the licence document requires amendment, the regulator must give the operator an amended licence document within 14 days after making the decision to amend the licence.\n593—Operator to return licence\nIf a major hazard facility licence is amended, the operator of the licensed major hazard facility must return the licence document to the regulator for amendment at the written request of the regulator and within the time specified in the request.\n594—Replacement licence document\n\t(1)\tThe operator of a licensed major hazard facility must give written notice to the regulator as soon as practicable if the licence document is lost, stolen or destroyed.\n\t(2)\tIf a licence document for a licensed major hazard facility is lost, stolen or destroyed, the operator may apply to the regulator for a replacement document.\nAn operator is required to keep the licence document available for inspection (see regulation 587).\nSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n\t(5)\tThe regulator must issue a replacement licence document if satisfied that the original document was lost, stolen or destroyed.\n\t(6)\tIf the regulator refuses to issue a replacement licence document, it must give the operator written notice of this decision, including the reasons for the decision, within 14 days after making the decision.\nA refusal to issue a replacement licence document is a reviewable decision (see regulation 676).\nDivision 3—Renewal of major hazard facility licence\n595—Regulator may renew licence\nThe regulator may renew a major hazard facility licence on application by the operator.\n596—Application for renewal\n\t(1)\tAn application for renewal of a major hazard facility licence must be made in the manner and form required by the regulator.\n\t(2)\tThe application must include a copy of the safety case for the major hazard facility as revised under regulation 570.\nSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n\t(4)\tThe application must be made not less than 6 months before the licence to be renewed expires.\n597—Licence continues in force until application is decided\nIf the operator of a licensed major hazard facility applies under regulation 596 for the renewal of a major hazard facility licence, the licence is taken to continue in force from the day it would, apart from this regulation, have expired until the operator is given notice of the decision on the application.\n598—Provisions relating to renewal of licence\nFor the purposes of this Division—\n\t(a)\tregulation 579 applies as if a reference in that regulation to an application for a licence were a reference to an application to renew a licence; and\n\t(b)\tregulations 580 (except subregulation (6)), 581, 584 and 585 apply as if a reference in those regulations to the grant of a licence were a reference to the renewal of a licence; and\n\t(c)\tregulation 583 applies as if a reference in that regulation to a refusal to grant a licence were a reference to a refusal to renew a licence.\nA refusal to renew a licence is a reviewable decision (see regulation 676).\n599—Status of major hazard facility licence during review\n\t(1)\tThis regulation applies if the regulator gives the operator written notice of its decision to refuse to renew the licence.\n\t(2)\tIf the operator does not apply for an external review, the licence continues to have effect until the last of the following events:\n\t(b)\tthe end of the period for applying for an external review.\n\t(3)\tIf the operator applies for an external review, the licence continues to have effect until the earlier of the following events:\n\t(a)\tthe operator withdraws the application for review;\n\t(4)\tThe licence continues to have effect under this regulation even if its expiry date passes.\nDivision 4—Transfer of major hazard facility licence\n600—Transfer of major hazard facility licence\n\t(1)\tThe regulator, on the application of the operator of a major hazard facility, may transfer a major hazard facility licence to another person who is to become the operator of the major hazard facility, if satisfied that the proposed operator will achieve a standard of health and safety in the operation of the facility that is at least equivalent to the standard that the current operator has achieved.\n\t(2)\tAn application must be—\n\t(a)\tmade in the manner and form required by the regulator; and\n\t(b)\taccompanied by the relevant fee.\n\t(3)\tThe regulator may transfer the licence subject to any conditions that the regulator considers necessary and appropriate to ensure that the new operator will be able to achieve a standard of health and safety in the operation of the facility that is at least equivalent to the standard achieved by the existing operator.\n\t(4)\tOn the completion of the transfer, the person to whom the licence is transferred becomes the operator of the major hazard facility for the purposes of this Chapter.\n\t1\tA decision to refuse to transfer a major hazard facility licence is a reviewable decision (see regulation 676).\n\t2\tSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\nDivision 5—Suspension and cancellation of major hazard facility licence\n601—Cancellation of major hazard facility licence—on operator's application\n\t(1)\tThe operator of a licensed major hazard facility may apply to the regulator to cancel the licence.\n\t(2)\tAn application must be—\n\t(a)\tmade in the manner and form required by the regulator; and\n\t(b)\taccompanied by the relevant fee.\n\t(3)\tThe regulator must conduct an inquiry into the inventory and operations of the facility before deciding on an application to cancel a licence.\n\t(4)\tThe regulator must cancel a major hazard facility licence if—\n\t(a)\tthe quantity of Schedule 15 chemicals present or likely to be present at the facility does not exceed their threshold quantity; and\n\t(b)\tit is unlikely that a major incident will occur at the facility.\n\t(5)\tIf the regulator, under this regulation, cancels the licence of a facility that was determined to be a major hazard facility under Chapter 9 Part 2, the regulator must revoke the determination.\n\t1\tA decision to refuse to cancel a licence is a reviewable decision (see regulation 676).\n\t2\tSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n602—Suspension or cancellation of licence—on regulator's initiative\n\t(1)\tThe regulator, on its own initiative, may suspend or cancel a major hazard facility licence if satisfied about 1 or more of the following:\n\t(a)\tthe operator has failed to ensure that the facility is operated safely and competently;\n\t(b)\tthe operator has failed to ensure compliance with a condition of the licence;\n\t(c)\tthe operator, in the application for the grant or renewal of the licence or on request by the regulator for additional information—\n\t(ii)\tfailed to give any material information that should have been given in that application or on that request; or\n\t(d)\tthe operator has failed to pay the annual fee payable under regulation 585A as required by that regulation.\n\t(2)\tIf the regulator suspends or cancels a major hazard facility licence, the regulator may disqualify the operator from applying for a further major hazard facility licence.\nA decision to suspend a licence, to cancel a licence or to disqualify the operator from applying for a further licence is a reviewable decision (see regulation 676).\n603—Matters to be taken into account\n\t(1)\tIn making a decision under regulation 602, the regulator must have regard to the following:\n\t(a)\tany submissions made by the operator under regulation 604;\n\t(b)\tany advice received from a corresponding regulator;\n\t(c)\tany advice or recommendations received from any agency of the Crown with responsibility in relation to national security.\n\t(2)\tFor the purposes of regulation 602(1)(a) and (b), the regulator must have regard to any relevant matter, including the following:\n\t(a)\tany offence under the Act or these regulations or under a corresponding WHS law, of which the operator has been convicted or found guilty;\n\t(b)\tany enforceable undertaking that has been entered into by the operator under this Act or a corresponding WHS law;\n\t(c)\tin relation to a major hazard facility licence applied for or held by the operator under the Act or these regulations or under a corresponding WHS law—\n\t(ii)\tany condition imposed on the licence, if granted, and the reason the condition was imposed; and\n\t(iii)\tany suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence;\n\t(d)\tthe operator's record in relation to any matters arising under the Act or these regulations or under a corresponding WHS law.\n604—Notice to and submissions by operator\nBefore suspending or cancelling a major hazard facility licence, the regulator must give the operator a written notice of the proposed suspension or cancellation or disqualification—\n\t(b)\tadvising the operator that the operator may, by a specified date (being not less than 28 days after giving the notice) make a submission in relation to the proposed suspension or cancellation and any proposed disqualification.\n605—Notice of decision\n\t(1)\tThe regulator must give the operator of a major hazard facility written notice of a decision under regulation 602 to suspend or cancel the major hazard facility licence within 14 days after making the decision.\n\t(iii)\twhether or not the operator is required to take any action before the suspension ends; and\n\t(iv)\twhether or not the operator is disqualified from applying for a further major hazard facility licence during the suspension; and\n\t(iii)\twhether or not the operator is disqualified from applying for a further major hazard facility licence; and\n\t(d)\tif the operator is disqualified from applying for a further major hazard facility licence, state—\n\t(iii)\twhether or not the operator is required to take any action before the disqualification ends; and\n606—Immediate suspension\n\t(1)\tThe regulator may suspend a major hazard facility licence on a ground referred to in regulation 602 without giving notice under regulation 604 if satisfied that—\n\t(a)\ta person may be exposed to an imminent serious risk to his or her health or safety if the work carried out under the major hazard facility licence were not suspended; or\n\t(b)\ta corresponding regulator has suspended a major hazard facility licence held by the operator under this regulation as applying in the corresponding jurisdiction.\n\t(a)\tthe regulator must give the operator of the major hazard facility written notice of the suspension and the reasons for the suspension; and\n\t(a)\tgive notice under regulation 604 within 14 days after giving the notice under subregulation (2); and\n\t(b)\tmake its decision under regulation 602.\n\t(5)\tIf the regulator gives notice under subregulation (3), the licence remains suspended until the decision is made under regulation 602.\n607—Operator to return licence document\nAn operator, on receiving a notice under regulation 605, must return the licence document to the regulator in accordance with the notice.\n608—Regulator to return licence document after suspension\nThe regulator must return the licence document to the operator within 14 days after the suspension ends.\nChapter 10—Mines\n609—Meaning of mine\n\t(1)\tIn this Chapter, a mine—\n\t(a)\tis a place that is—\n\t(i)\ta workplace at which mining operations are carried out; or\n\t(ii)\ta tourist mine; and\n\t(b)\tincludes any fixtures, fittings, plant or structures at the place that are used or were formerly used for mining operations.\n\t(2)\tIn this Chapter, a tourist mine means a workplace—\n\t(a)\tused only for tourism purposes but at which mining operations were formerly carried out; and\n\t(b)\tat which there is a principal mining hazard that was present at the workplace when the mining operations were carried out.\n\t(3)\tIn this Chapter, an underground mine means that part of a mine that is beneath the surface of the earth and includes plant and structures that extend continuously from the surface into that part of the mine.\n\t(4)\tIn this Chapter, underground mine does not include a part of a mine in which highwall mining is being carried out.\n\t(5)\tIn subregulation (4), highwall mining means the underground extraction of coal carried out—\n\t(a)\tby remotely controlled plant that drives the extraction from a place in an open cut mine; and\n\t(b)\twithout requiring any person to be present at any part of the extraction.\n610—Meaning of mining operations\n\t(1)\tIn this Chapter, mining operations are—\n\t(a)\tactivities (mining activities) carried out for the purpose of—\n\t(i)\textracting minerals from the ground or injecting minerals into the ground; or\n\t(ii)\texploring for minerals by mechanical means that disturb the ground; and\n\t(b)\tactivities carried out in connection with mining activities at a site, or at a site adjoining or in the vicinity of a site, at which the mining activities are carried out.\n\t(2)\tWithout limiting subregulation (1), the activities referred to in that subregulation include the following:\n\t(a)\thandling or storing extracted materials;\n\t(b)\tpreparing or processing extracted materials;\n\t(c)\tconstructing—\n\t(i)\ta site where a mining activity is carried out; or\n\t(ii)\ta site where an activity referred to in subregulation (1)(b) is carried out;\n\t(d)\tactivities associated with decommissioning, making safe or closure of an extraction site or exploration site;\n\t(e)\teducational activities and tourist activities carried out at a site, or at a site adjoining or in the vicinity of a site, at which the mining activities are carried out.\n\t(3)\tIn this Chapter, mining operations do not include the following:\n\t(a)\tan activity carried out in relation to the extraction of minerals on private land for the private and non‑commercial use of the owner of the land;\n\t(b)\tfossicking;\n\t(c)\tany activity where the extraction of minerals is incidental to the activity.\nCivil works such as tunnelling to create a road.\n611—Meaning of mineral\nIn this Chapter, mineral—\n\t(a)\tmeans—\n\t(i)\ta naturally occurring element or inorganic compound; or\n\t(ii)\tcoal, lignite, peat or oil shale; or\n\t(iii)\trock, stone, gravel or sand; and\n\t(b)\tdoes not include—\n\t(i)\twater; or\n\t(ii)\tpetroleum or any other substance, the recovery or production of which is governed by the Petroleum and Geothermal Energy Act 2000.\n612—Meaning of principal mining hazard\n\t(1)\tIn this Chapter, a principal mining hazard is any activity, process, procedure, plant, structure, substance, situation or other circumstance relating to the carrying out of mining operations that has a reasonable potential to result in multiple deaths in a single incident or a series of recurring incidents, in relation to any of the following:\n\t(a)\tground or strata failure;\n\t(b)\tinundation or inrush of any substance;\n\t(c)\tmine shafts and winding operations;\n\t(d)\troads or other vehicle operating areas;\n\t(e)\tair quality or dust or other airborne contaminants;\n\t(f)\tfire or explosion;\n\t(g)\tgas outbursts;\n\t(h)\tspontaneous combustion;\n\t(i)\ta hazard identified by the mine operator of a mine under regulation 34.\n\t(2)\tIn this Chapter, a principal mining hazard at a mine that is a facility for the purposes of Chapter 9 does not include a major incident hazard.\n613—Meaning of mine operator\n\t(1)\tIn this Chapter, the mine operator of a mine is the mine holder of the mine, unless the mine holder appoints another person to be the mine operator.\n\t(2)\tThe mine holder of a mine may appoint a person to be the mine operator only if—\n\t(a)\tthe person is conducting a business or undertaking and is appointed in accordance with regulation 615 to carry out mining operations at the mine on behalf of the mine holder; and\n\t(b)\tthe mine holder authorises the person to have management or control of the mine and to discharge the duties of a mine operator under the Act.\n\t(3)\tTo avoid doubt, a reference in these regulations to a person conducting a business or undertaking at a mine includes a reference to the mine operator of the mine.\n1\tSee section 5 of the Act for the meaning of person conducting a business or undertaking.\n2\tThe mine operator may also have duties under sections 19, 20 and 21 of the Act.\n614—Meaning of mine holder\n\t(1)\tIn this Chapter, the mine holder of a mine is the person who is conducting a business or undertaking with control over a right or entitlement to carry out mining operations at the mine.\n\t(2)\tWithout limiting subregulation (1), a person is conducting a business or undertaking with control over a right or entitlement to carry out mining operations if—\n\t(a)\ta mining authorisation is required for carrying out those operations; and\n\t(b)\tthe person holds the required mining authorisation.\n\t(3)\tTo avoid doubt, a reference in these regulations to a person conducting a business or undertaking at a mine includes a reference to the mine holder of the mine.\n\t(4)\tIn subregulation (2)—\nmining authorisation means—\n\t(a)\ta lease, claim, tenement, licence, permit or other authority authorising the carrying out of mining operations issued under the Mining Act 1971, the Opal Mining Act 1995 or another Act; or\n\t(b)\ta Special Tenement under the Roxby Downs (Indenture Ratification) Act 1982.\n\t1\tSee section 5 of the Act for the meaning of person conducting a business or undertaking.\n\t2\tThe mine holder may also have duties under section 20 of the Act as the person with management or control of the mine.\n614A—Application of Chapter 9\n\t(1)\tChapter 9 (Major hazard facilities) applies in relation to a mine.\n\t(2)\tIn this Chapter—\nmajor incident has the same meaning as in Chapter 9.\n615—Appointment of mine operator\n\t(1)\tAn appointment of a person to be the mine operator of a mine must—\n\t(b)\tbe made in the manner and form required by the regulator; and\n\t(c)\tinclude a signed statement that the person to be appointed as mine operator agrees to the appointment; and\n\t(d)\tspecify—\n\t(i)\tthe name and contact details of the mine operator, including postal and business addresses; and\n\t(ii)\twhen the appointment takes effect; and\n\t(e)\tdescribe the location of the mine, including—\n\t(i)\tthe boundaries of all extraction and exploration sites; and\n\t(ii)\tland title identification.\n\t(2)\tThe mine holder must give the mine operator all relevant information held by or under the control of the mine holder that may reasonably be required by the mine operator to discharge the duties imposed on the mine operator under the Act.\nA mine survey plan prepared under regulation 675S.\n\t(3)\tThe mine operator of a mine who ceases or intends to cease being the mine operator must ensure, so far as is reasonably practicable, that all records the mine operator has kept under the Act are given to the mine holder for the mine, or the person who is to become the new mine operator, before the new mine operator commences in that role.\nA mine record kept under regulation 675Y.\nThe new mine operator will be required to keep the records for at least the remainder of the period that the Act or these regulations require the record to be kept.\n615A—Duty to appoint mine manager\n\t(1)\tIf—\n\t(a)\tmining operations are carried out at a mine; and\n\t(b)\ta person competent to be a mine manager in relation to the mine has not been appointed as mine manager for the mine,\nthe mine operator is guilty of an offence.\n\t(a)\tin the case of an individual—$432;\n\t(b)\tin the case of a body corporate—$2 160.\n\t(2)\tSubregulation (1) does not apply in respect of mining operations carried out at a tourist mine, an exploration site or a precious stones field under the Opal Mining Act 1995.\n\t(3)\tFor the purposes of subregulation (1), a mine operator who is competent to be a mine manager in relation to the mine may be appointed as mine manager for the mine.\n\t(4)\tA mine operator must not, unless permitted to do so in accordance with a determination by the regulator under subregulation (5)(b), appoint a mine manager in relation to a mine if the mine manager is also a mine manager in relation to another mine.\n\t(a)\tin the case of an individual—$432;\n\t(b)\tin the case of a body corporate—$2 160.\n\t(5)\tThe regulator may, by notice in the Gazette—\n\t(a)\tdetermine requirements that must be satisfied by a person before they will be considered competent to be a mine manager in relation to a mine; and\n\t(b)\tdetermine that a mine operator is exempt from the prohibition in subregulation (4) in respect of a mine or mines specified in the notice.\n\t(6)\tA determination under subregulation (5) may be varied or revoked by subsequent notice in the Gazette.\n\t(7)\tA determination under subregulation (5)(a) may vary in its application to different mines, having regard to the number of workers and the type of operations carried out at a mine.\n\t(8)\tA mine operator must ensure that a record of—\n\t(a)\tthe appointment of each mine manager in relation to a mine; and\n\t(b)\tany information provided to the mine operator by a mine manager in satisfaction of the requirements set out in subregulation (9),\nis kept for the duration of the person's appointment as mine manager and for at least 2 years after the person ceases to be a mine manager in relation to the mine.\n\t(a)\tin the case of an individual—$144;\n\t(b)\tin the case of a body corporate—$720.\n\t(9)\tA person is competent to be a mine manager in relation to a mine for the purposes of this regulation if the person has satisfied the mine operator—\n\t(a)\tthat the person—\n\t(i)\thas the relevant training, qualifications, experience, knowledge and skills to manage and supervise the mining operations carried out at the mine; and\n\t(ii)\thas knowledge of the requirements of the Act and these regulations (particularly this Chapter); and\n\t(iii)\tis capable of managing hazards at the mine; and\n\t(b)\tin relation to an underground mine with 20 or more workers—that the person—\n\t(i)\tholds a degree or diploma in mining engineering from a university or tertiary institution in Australia, or an equivalent institution as determined by the regulator; and\n\t(ii)\tsatisfies the requirements of subregulation (10); and\n\t(c)\tthat the person has met the requirements specified by the regulator in any applicable determination made under subregulation (5)(a).\n\t(10)\tA person satisfies the requirements of this subregulation if—\n\t(a)\tthe person has at least 5 years' experience working at a mine; and\n\t(b)\tat least 3 of those years were spent working at an underground mine during which the person had—\n\t(i)\t2 years' underground mining operational experience; and\n\t(ii)\texperience supervising underground mining operations.\n616—Notification of mine operator to regulator\n\t(1)\tThe mine holder of a mine must give notice to the regulator in accordance with this regulation.\n\t(2)\tIf the mine holder of a mine is the mine operator, the mine holder must give the regulator notice of this fact before mining operations commence at the mine.\n\t(3)\tIf the mine holder of a mine is not the mine operator, the mine holder must give the regulator notice of the appointment of the mine operator of the mine.\n\t(4)\tA notice under subregulation (2) or (3) must—\n\t(b)\tbe made in the manner and form required by the regulator; and\n\t(c)\tdescribe the location of the mine, including—\n\t(i)\tthe boundaries of all extraction and exploration sites; and\n\t(ii)\tland title identification.\n\t(5)\tA notice under subregulation (3) must be accompanied by a copy of the appointment document.\n\t(6)\tThe mine holder must give written notice to the regulator of any change to the appointment of a mine operator or any termination of the appointment.\n\t(7)\tThe mine holder must take all reasonable steps to ensure that a notice under subregulation (3) or (6) is given before the appointment or the change or termination takes effect.\nPart 2—Managing Risks\nDivision 1—General requirements\nSubdivision 1—Control of risk\n617—Managing risks to health and safety\n\t(1)\tA person conducting a business or undertaking at a mine must manage risks to health and safety associated with mining operations at the mine, in accordance with Chapter 3 Part 1.\nWHS Act—sections 19, 20 and 21, as applicable (see regulation 9).\n\t(2)\tA person conducting a business or undertaking at a mine must ensure that a risk assessment is conducted by a competent person for the purposes of subregulation (1).\n\t(3)\tIn conducting a risk assessment, the person must have regard to—\n\t(a)\tthe nature of the hazard; and\n\t(b)\tthe likelihood of the hazard affecting the health or safety of a person; and\n\t(c)\tthe severity of the potential health and safety consequences.\n\t(4)\tNothing in subregulation (3) limits the operation of any other requirement to conduct a risk assessment under these regulations.\nA number of specific risk control duties are linked to this regulation. See regulations 631, 635, 640, 641 and 646.\n618—Review of control measures\n\t(1)\tA person conducting a business or undertaking at a mine must review and as necessary revise control measures implemented under regulation 617 in the following circumstances:\n\t(a)\tan audit of the effectiveness of the safety management system for the mine indicates a deficiency in a control measure;\n\t(b)\ta worker is moved from a hazard or assigned to different work in response to a recommendation contained in a health monitoring report provided under Part 3;\n\t(c)\tan incident referred to in regulation 675V occurs.\n\t(1)\tWHS Act—sections 19, 20 and 21, as applicable (see regulation 9).\n\t(2)\tThis requirement is in addition to the requirement under regulation 38 (see regulation 33).\n\t(3)\tThis regulation applies to a mine operator (see regulation 613(3)).\n\t(2)\tThe mine operator of a mine must ensure that a control measure that is the subject of a request by a health and safety representative under regulation 38(4) is reviewed and as necessary revised, whether the request is made directly to the mine operator or notified to the mine operator under subregulation (3) by another person conducting a business or undertaking at the mine.\n\t(1)\tWHS Act—sections 19, 20 and 21, as applicable (see regulation 9).\n\t(2)\tThis requirement is in addition to the requirement under regulation 38 (see regulation 33).\n\t(3)\tA person conducting a business or undertaking at the mine who is not the mine operator of the mine must immediately notify the mine operator of a request made to the person under regulation 38(4).\n\t(4)\tA health and safety representative for workers at the mine may request a review of a control measure under regulation 38(4) as if the circumstances referred to in subregulation (1) were included in regulation 38(4)(a).\n619—Record of certain reviews of control measures—mine operator\n\t(1)\tThis regulation applies to a mine operator at a mine who has, under regulation 38, reviewed a control measure in response to—\n\t(a)\ta notifiable incident; or\n\t(b)\tan incident referred to in regulation 675V.\n\t(2)\tThe mine operator at a mine must keep a record of the following:\n\t(a)\tthe work health and safety issues arising from the incident;\n\t(b)\trecommendations arising from consideration of the incident;\n\t(c)\ta summary of any changes to the safety management system for the mine and any affected principal mining hazard management plan for the mine.\n620—Record of certain reviews of control measures—other persons conducting a business or undertaking\n\t(1)\tThis regulation applies to a person conducting a business or undertaking at a mine, other than the mine operator, who has, under regulation 38, reviewed a control measure in response to a notifiable incident.\n\t(2)\tA person conducting a business or undertaking at a mine must keep a record of the following:\n\t(a)\tthe work health and safety issues arising from the incident;\n\t(b)\trecommendations arising from consideration of the incident.\nSubdivision 2—Safety management system\n621—Duty to establish and implement safety management system\n\t(1)\tThe mine operator of a mine must establish a safety management system for the mine, in accordance with this Subdivision.\n\t(2)\tThe mine operator must implement the safety management system for the mine, so far as is reasonably practicable.\n\t(3)\tThe safety management system must form part of any overall management system that is in place at the mine.\n\t(4)\tThe safety management system must be designed to be used by the mine operator as the primary means of ensuring, so far as is reasonably practicable—\n\t(a)\tthe health and safety of workers at the mine; and\n\t(b)\tthat the health and safety of other persons is not put at risk from the mine or work carried out as part of mining operations.\n\t(5)\tSubject to subregulation (6), the safety management system must provide a comprehensive and integrated system for the management of all aspects of risks to health and safety in relation to the operation of the mine.\n\t(6)\tThe safety management system must comply with subregulation (5) to the extent appropriate to the mine having regard to—\n\t(7)\tThe safety management system must be documented.\n\t(8)\tThe mine operator of a mine that is also a determined major hazard facility is not required to establish a safety management system under regulation 558 for the operation of the major hazard facility if—\n\t(a)\tthe mine operator has established a safety management system for the facility for the purposes of this regulation; and\n\t(b)\tthe system deals with all matters required to be addressed by a safety management system under regulation 558 and includes all matters specified in Schedule 17; and\n\t(c)\tthe system is readily accessible to persons who use it.\n622—Content of safety management system\n\t(1)\tThe safety management system document for a mine must set out the following:\n\t(a)\tthe mine operator's health and safety policy, including broad aims in relation to the safe operation of the mine;\n\t(b)\tthe arrangements for managing risks in accordance with regulation 617;\nThis includes all control measures implemented in accordance with specific requirements under this Chapter (see regulation 33).\n\t(c)\tthe systems, procedures, plans and other control measures that will be used to control risks to health and safety associated with mining operations at the mine, including—\n\t(i)\tthe principal mining hazard management plans for the mine prepared under Division 2; and\n\t(ii)\tin the case of an underground mine—the ventilation control plan and ventilation plan prepared for the mine under Division 4 Subdivision 2;\n\t(d)\tthe management structure for the management of work health and safety at the mine, including—\n\t(i)\tarrangements for filling temporary and permanent vacancies; and\n\t(ii)\trequirements relating to acting positions in the structure; and\n\t(iii)\tthe competency requirements for positions in the structure;\n\t(e)\tthe arrangements in place, between any persons conducting a business or undertaking at the mine, for consultation, co‑operation and the co‑ordination of activities in relation to compliance with their duties under the Act;\n\t(f)\tif a contractor is working or likely to work at the mine—the control measures that will be used to control risks to health and safety associated with the contractor's work at the mine, including—\n\t(i)\thow the contractor's work management system will be integrated with the safety management system for the mine; and\n\t(ii)\tthe process for assessing health and safety policies and procedures (including competency requirements) of the contractor and integrating them into the safety management system; and\n\t(iii)\tthe arrangements for monitoring and evaluating compliance by the contractor with the health and safety requirements of the safety management system;\n\t(g)\tthe emergency procedures and all other matters in the emergency plan for the mine prepared under Division 5;\n\t(h)\tthe procedures and conditions under which persons at the mine or a part of the mine are to be withdrawn to a place of safety and to remain withdrawn as a precautionary measure where a risk to health and safety warrants that withdrawal;\n\t(i)\tthe arrangements for the provision of information, training and instruction required under regulation 39;\n\t(j)\tthe induction procedures for workers at the mine;\n\t(k)\tthe arrangements in place for the supervision needed to protect workers and other persons at the mine from risks to their health and safety from work carried out at the mine;\n\t(l)\tthe arrangements in place for health monitoring under Part 3;\n\t(m)\tthe safety role for workers developed under Part 4;\n\t(n)\tthe procedures for notifiable incident response and investigation at the mine;\n\t(o)\tthe procedures for records management for the mine to ensure compliance with the Act;\n\t(p)\tthe arrangements in place for all other monitoring and assessment and regular inspection of the working environment of the mine to be carried out for the purposes of the Act;\n\t(q)\tthe performance management system under regulation 623;\n\t(r)\tthe resources that will be applied for the effective implementation and use of the safety management system.\n\t(2)\tThe safety management system document must—\n\t(a)\tcontain a level of detail of the matters referred to in subregulation (1) that is appropriate to the mine having regard to—\n\t(i)\tthe nature, complexity and location of the mining operations; and\n\t(ii)\tthe risks associated with those operations; and\n\t(b)\tso far as is reasonably practicable, be set out and expressed in a way that is readily understandable by persons who use it.\n\t(3)\tIf any matter referred to in subregulation (1) is addressed in a plan or other document prepared under these regulations for a mine, it is sufficient if the safety management system for the mine refers to the plan or document.\n623—Performance standards and audit\nThe safety management system for a mine must include the following:\n\t(a)\tperformance standards for measuring the effectiveness of all aspects of the safety management system that—\n\t(i)\tare sufficiently detailed to show how the mine operator will ensure the effectiveness of the safety management system; and\n\t(ii)\tinclude steps to be taken to continually improve the safety management system;\n\t(b)\tthe way in which the performance standards are to be met;\n\t(c)\ta system for auditing the effectiveness of the safety management system for the mine against the performance standards, including the methods, frequency and results of the audit process.\n624—Maintenance\nThe mine operator of a mine must maintain the safety management system for the mine so that the safety management system remains effective.\n625—Review\n\t(1)\tThe mine operator of a mine must ensure that the safety management system for the mine is reviewed at least once every 3 years and as necessary revised to ensure it remains effective.\nRegular testing of the emergency plan is also required (see regulation 669).\n\t(2)\tIn addition, if a risk control measure is revised under regulation 38 or 618, the mine operator must ensure that the safety management system for the mine is reviewed and as necessary revised in relation to all aspects of risk control addressed by the revised control measure.\n\t(3)\tIn addition, if the mine is a determined major hazard facility, the mine operator for the mine must review and as necessary revise the safety management system if a circumstance referred to in regulation 559(2) exists.\n\t(a)\tin the case if an individual—$6 000;\nSubdivision 3—Information to adjoining mine operators\n626—Duty to provide information to mine operator of adjoining mine\nThe mine operator of a mine must as soon as practicable, on request, provide to the mine operator of any adjoining mine any information that the mine operator has about conditions at the mine or any activities or proposed activities at the mine that could create a risk to the health and safety of persons at the adjoining mine.\nDivision 2—Principal mining hazard management plans\n627—Identification of principal mining hazards and conduct of risk assessments\n\t(1)\tThe mine operator of a mine must identify all principal mining hazards at the mine.\n\t(2)\tThe mine operator must conduct, in relation to each principal mining hazard identified, a risk assessment that involves a comprehensive and systematic investigation and analysis of all aspects of risk to health and safety associated with the principal mining hazard.\n\t(3)\tThe mine operator, in conducting a risk assessment under subregulation (2), must—\n\t(a)\tuse investigation and analysis methods that are appropriate to the principal mining hazard being considered; and\n\t(b)\tconsider the principal mining hazard individually and also cumulatively with other hazards at the mine.\n628—Preparation of principal mining hazard management plan\n\t(1)\tThe mine operator of a mine must prepare a principal mining hazard management plan for each principal mining hazard at the mine, having regard to the matters set out in Schedule 19.\n\t(2)\tA principal mining hazard management plan must—\n\t(a)\tprovide for the management of all aspects of risk control in relation to the principal mining hazard; and\n\t(b)\tso far as is reasonably practicable, be set out and expressed in a way that is readily understandable by persons who use it.\n\t(3)\tA principal mining hazard management plan must—\n\t(a)\tdescribe the nature of the principal mining hazard to which the plan relates; and\n\t(b)\tdescribe how the principal mining hazard relates to other hazards at the mine; and\n\t(c)\tdescribe the analysis methods used in identifying the principal mining hazard to which the plan relates; and\n\t(d)\tinclude a record of the risk assessment conducted in relation to the principal mining hazard; and\n\t(e)\tdescribe the investigation and analysis methods used in determining the control measures to be implemented; and\n\t(f)\tdescribe all control measures to be implemented to manage risks to health and safety associated with the principal mining hazard; and\n\t(g)\tdescribe the arrangements in place for providing the information, training and instruction required by regulation 39 in relation to the principal mining hazard; and\n\t(h)\trefer to any design principles, engineering standards and technical standards relied on for control measures for the principal mining hazard; and\n\t(i)\tset out the reasons for adopting or rejecting all control measures considered.\nA principal mining hazard management plan forms part of the safety management system for a mine (see regulation 622(1)(c)(i)).\n629—Review\n\t(1)\tThe mine operator of a mine must ensure that a principal mining hazard management plan is reviewed and as necessary revised if a risk control measure specified in the plan is revised under regulation 38 or 618.\nA principal mining hazard management plan is part of the safety management system for a mine (see regulation 622(1)(c)(i), which must be audited under regulation 623, maintained under regulation 624 and reviewed and as necessary revised under regulation 625).\n\t(2)\tIf a principal mining hazard management plan is revised, the mine operator must record the revisions, including any revision of a risk assessment, in writing in the plan.\nDivision 3—Specific control measures—all mines\nSubdivision 1—Operational controls\n630—Communication between outgoing and incoming shifts\nThe mine operator of a mine at which more than 1 shift is worked each day must implement a system that ensures that, as soon as practicable at the commencement of each shift—\n\t(a)\tthe supervisor of each outgoing shift provides a written report to the supervisor of the incoming shift, in relation to the state of the mine workings and plant and any other matters that relate to work health or safety; and\n\t(b)\tthe supervisor of the incoming shift communicates the content of the report to the workers on the incoming shift.\nFor requirements relating to communication with workers carrying out remote or isolated work at the mine, see regulation 48.\n631—Movement of mobile plant\n\t(1)\tIn complying with regulation 617, the mine operator of a mine must manage risks to health and safety associated with the movement of mobile plant at the mine.\n\t(2)\tIn managing risks to health and safety associated with the movement of mobile plant at the mine, the mine operator must have regard to all relevant matters including the following:\n\t(a)\tthe design, layout, construction and maintenance of all roads and other areas at the mine used by mobile plant;\n\t(b)\tinteractions between mobile plant, especially between large and small mobile plant;\n\t(c)\tinteractions between mobile plant and fixed plant or structures;\n\t(d)\tinteractions between mobile plant and pedestrians (including the use of pre‑movement warnings for mobile plant in mine workings);\n\t(e)\tthe operation of remotely controlled mobile plant;\n\t(f)\tthe maintenance, testing and inspection of brakes, steering, lights and other safety features of the mobile plant.\nDivision 7 of Chapter 5 Part 1 includes requirements relating to mobile plant in all workplaces.\n632—Prohibited uses\nThe mine operator of a mine must take all reasonable steps to ensure an item or substance specified in Schedule 20, column 1 is not used in a place or for a purpose that is prohibited or restricted as set out in Schedule 20, column 2 opposite that item or substance.\n633—Closure, suspension or abandonment of mine\n\t(1)\tIf the mine operator of a mine closes the mine, the mine operator must, at the time of the closure, ensure, so far as is reasonably practicable, that the mine is safe, including by being secure against unauthorised entry by any person.\n\t(2)\tIf mining operations at a mine are suspended, the mine operator must ensure, so far as is reasonably practicable, that the mine is safe, including by being secure against unauthorised entry by any person, during the period of suspension.\n\t(3)\tThe mine operator of a mine must not abandon the mine.\nmine operator of a mine includes the mine holder of the mine.\nSection 16 of the Act provides for circumstances in which more than 1 person has the same duty.\n\t(5)\tThis regulation does not apply in relation to a precious stones tenement under the Opal Mining Act 1995.\n634—Minimum age to work in mine\nThe mine operator of a mine must take all reasonable steps to ensure that—\n\t(a)\ta person under the age of 16 years is not engaged to carry out work in any open cut workings or in an underground mine; and\n\t(b)\ta person under the age of 18 years is not engaged to carry out work in an underground mine, unless the person is over the age of 16 years and is an apprentice or trainee under direct supervision in relation to the work.\nSubdivision 2—Air quality and monitoring\nGeneral requirements for managing risks from airborne contaminants and hazardous atmospheres are set out in Divisions 7 and 8 of Chapter 3 Part 2 (all workplaces, including mines), and Division 4 of this Part sets out additional requirements relating to all underground mines (Subdivision 2).\n635—Temperature and moisture content of air\nIn complying with regulation 617, the mine operator of a mine must—\n\t(a)\tmanage risks to health and safety associated with extremes of either or both the temperature and moisture content of air; and\n\t(b)\tif risks associated with extreme heat exist in an underground mine—implement control measures (including monitoring) to manage heat stress in places in the mine where—\n\t(i)\tpersons work or travel; and\n\t(ii)\tthe wet bulb temperature exceeds 27°C.\n636—Ensuring exposure standards for dust not exceeded\n\t(1)\tThe mine operator of a mine must ensure that no person at the mine is exposed to 8‑hour time‑weighted average atmospheric concentrations of airborne dust that exceed—\n\t(a)\tfor respirable dust—3.0 mg per cubic metre of air;\n\t(b)\tfor inhalable dust—10.0 mg per cubic metre of air.\n\t(2)\tThe Workplace Exposure Standards for Airborne Contaminants apply in relation to a concentration referred to in subregulation (1)(a) or (b) as if that concentration were an exposure standard referred to in those Standards.\ninhalable has the same meaning as in the Workplace Exposure Standards for Airborne Contaminants;\nrespirable has the same meaning as in the Workplace Exposure Standards for Airborne Contaminants;\n8-hour time-weighted average has the same meaning as in the Workplace Exposure Standards for Airborne Contaminants.\n637—Monitoring exposure to airborne dust\nRegulation 50 applies to the mine operator of a mine in relation to airborne dust as if the concentration of airborne dust referred to in regulation 636(1)(a) or (b) were an exposure standard to which regulation 50 applies.\n638—Air monitoring—use of devices\nThe mine operator of a mine who uses air monitoring devices to comply with air monitoring requirements under regulation 50 and this Chapter must ensure that—\n\t(a)\tthe devices used are suitable and effective having regard to—\n\t(i)\tthe nature of the monitoring being carried out; and\n\t(ii)\tthe substance being monitored; and\n\t(b)\tthe devices are positioned to ensure that they work to best effect.\n639—Air monitoring—signage\nThe mine operator of a mine, in complying with air monitoring requirements under regulation 50 and this Chapter, must ensure that signs are erected at the mine that explain—\n\t(a)\tthe meaning of any warning produced by an air monitoring device; and\n\t(b)\twhat persons must do in response to the warning.\nSubdivision 3—Fitness for work\n640—Fatigue\nIn complying with regulation 617, the mine operator of a mine must manage risks to health and safety associated with worker fatigue.\n641—Alcohol and drugs\n\t(1)\tIn complying with regulation 617, the mine operator of a mine must manage risks to health and safety associated with the consumption of alcohol by workers.\n\t(2)\tIn complying with regulation 617, the mine operator of a mine must manage risks to health and safety associated with the use of drugs by workers.\nDivision 4—Specific control measures—underground mines\nSubdivision 1—All underground mines—operational controls\n642—Inrush hazards\n\t(1)\tThe mine operator of an underground mine must implement a system for the mine that ensures—\n\t(a)\tthe identification of all reasonably foreseeable inrush hazards at the mine; and\n\t(b)\tthe determination of the presence and location of an inrush hazard by exploratory bore‑holes (including a way of sealing or otherwise controlling a bore‑hole to prevent inrush) or other exploratory methods; and\n\t(c)\tcommunication of the location of identified inrush hazards, including inrush hazards being approached, to all affected persons; and\n\t(d)\tthe determination of whether or not an identified inrush hazard is a principal mining hazard; and\n\t(e)\tif an identified inrush hazard is a principal mining hazard—the identification, establishment and maintenance of an inrush control zone for the inrush hazard in accordance with this regulation.\n\t(2)\tAn inrush control zone must be located in the vicinity of the inrush hazard and—\n\t(a)\tif the exact location of the inrush hazard is known—extend at least 50 metres from the location of the inrush hazard; or\n\t(b)\tif the exact location of the inrush hazard is not known—extend any greater distance from the suspected location of the inrush hazard determined by a risk assessment conducted under regulation 627.\n\t(3)\tThe mine operator must ensure, in relation to each inrush control zone, that control measures and procedures are implemented to control the risk of inrush.\n\t(4)\tThe mine operator must ensure that an inrush control zone is not mined before—\n\t(a)\tcontrol measures and procedures have been implemented under subregulation (3); and\n\t(b)\tthe persons who are to work in the zone have been trained in relation to the implementation of those controls and procedures.\n\t(5)\tIf an identified inrush hazard is not at an accessible place at the mine, it is sufficient to control the risk from inrush by—\n\t(a)\tproviding adequate separation of solid rock between the mine workings and the assessed worst case position of the potential source of inrush; and\n\t(b)\tcomplying with the requirements of any applicable principal mining hazard management plan prepared for inrush hazards.\n\t(6)\tThe mine operator of an underground mine, before connecting any underground mine workings at the mine to any other workings (including disused workings), must—\n\t(a)\tensure that the other workings are inspected for water, gas and any other circumstance that may be an inrush hazard; and\n\t(b)\tif it is not possible to safely gain access to the workings to be connected—ensure that exploratory bore-holes or other exploratory methods are used to determine the location of the other workings.\n643—Connecting workings\n\t(1)\tThe mine operator of an underground mine must ensure that, if 2 working faces are approaching each other at an underground mine, 1 of the workings is stopped, made safe and barricaded as soon as practicable before the distance separating the faces creates a risk to health or safety.\n\t(2)\tThe mine operator of an underground mine, before connecting any underground mine workings to any other workings (including disused workings) must ensure that the other workings are inspected for water, gas, misfires, butts and any other circumstance that may be a risk to the health or safety of any person at the mine, other than a risk associated with an inrush hazard.\n644—Winding systems\n\t(1)\tThe mine operator of an underground mine must ensure that every winding system used or that may be put into use at the mine includes the following:\n\t(a)\tropes that will enable the shaft conveyance to bear the weight that can reasonably be expected to be borne by the shaft conveyance;\n\t(b)\tcontrols and limiting devices to prevent any shaft conveyance from being overwound or overrun or from travelling at an unsafe speed;\n\t(c)\tbrakes that can bring the system to rest;\n\t(d)\tdevices that detect slack rope or drum slip conditions, or tail rope malfunctions;\n\t(e)\tdevices that cause the winder to stop when a condition or malfunction referred to in paragraph (d) is detected;\n\t(f)\twarning systems to alert persons at the mine to any emergency in a shaft;\n\t(g)\tremote monitoring of the functions of the system;\n\t(h)\tan effective means of communication—\n\t(i)\tbetween the surface and any shaft conveyance used for carrying persons; and\n\t(ii)\tbetween the point of control of the winder and the entry to every shaft that is in use.\n\t(2)\tThe mine operator must ensure that the winding system for each shaft that is in use or that may be put into use at the mine, and all components of the winding system, are tested at intervals that ensure the safe performance of the system.\n\t(3)\tThe mine operator must ensure that energy lockout devices are fitted to all mechanical and electrical plant associated with any shaft at the mine, including any mechanical and electrical plant associated with the operation, maintenance or use of the shaft.\nwinding system means a system where the winder is driven by a motor or engine of not less than 25kW.\n645—Operation of shaft conveyances\n\t(1)\tThe mine operator of an underground mine must ensure that material or plant being carried in a shaft conveyance—\n\t(a)\tdoes not protrude from the shaft conveyance, while it is moving, so as to contact a wall of the shaft or any thing in the shaft; and\n\t(b)\tis so secured to the shaft conveyance that it cannot leave the shaft conveyance except by being deliberately removed.\n\t(2)\tThe mine operator of an underground mine must ensure that persons being carried in a shaft conveyance are adequately protected from another shaft conveyance in the same shaft and from any material or plant being carried by the other shaft conveyance.\n\t(3)\tThe mine operator of an underground mine must ensure that, if a shaft conveyance that combines a cage and skip is used, material is not carried in the skip while persons are being carried in the cage.\n\t(4)\tThe mine operator of an underground mine must ensure that control measures are implemented to prevent a shaft conveyance from becoming detached or falling down the shaft.\n\t(5)\tThe mine operator of an underground mine must ensure, so far as is reasonably practicable, that facilities for loading material or plant onto or into a shaft conveyance are designed and operated so as to prevent spillage into the shaft.\n646—Dust explosion\n\t(1)\tIn complying with regulation 617, the mine operator of an underground mine must manage risks to health and safety associated with an explosion associated with dust at the mine.\n\t(2)\tIn managing risks to health and safety associated with dust at the mine, the mine operator must implement control measures that, so far as is reasonably practicable—\n\t(a)\tminimise the generation of potentially explosive dusts; and\n\t(b)\tsuppress, collect and remove potentially explosive airborne dusts; and\n\t(c)\tsuppress any dust explosion; and\n\t(d)\trestrict the propagation of any dust explosion so that other areas are not affected.\nSubdivision 2—All underground mines—air quality and ventilation\nGeneral requirements for managing risks from airborne contaminants and hazardous atmospheres are set out in Division 3 Subdivision 2 of this Part (all mines, including underground mines) and in Divisions 7 and 8 of Chapter 3 Part 2 (all workplaces, including mines).\n647—Air quality—airborne contaminants\n\t(1)\tThe mine operator of an underground mine must ensure that the concentration of any airborne contaminant (including any asphyxiant or explosive gas) is as low as is reasonably practicable.\n\t(2)\tThe mine operator must comply with subregulation (1)—\n\t(a)\tso far as is reasonably practicable, by suppression or the installation of a ventilation or exhaust extraction system; or\n\t(b)\tif this is not reasonably practicable, by some other suitable means.\n\t(3)\tThis regulation does not limit regulations 49 and 636.\n648—Air quality—minimum standards for ventilated air\n\t(1)\tThe mine operator of an underground mine must ensure that the ventilation system for the mine provides air that is of sufficient volume, velocity and quality to ensure that the general body of air in the areas in which persons work or travel—\n\t(a)\thas a concentration of oxygen that is at least 19.5% under normal atmospheric pressure; and\n\t(b)\thas dust levels that—\n\t(i)\tare as low as is reasonably practicable; and\n\t(ii)\tdo not exceed the relevant levels specified in regulation 636; and\n\t(c)\tif diesel engines are used underground—has a concentration of diesel particulates that is as low as is reasonably practicable.\n\t(2)\tIn addition to subregulation (1), the mine operator of an underground mine must ensure that the ventilation system for the mine provides air that is of sufficient quality to ensure that the general body of air in the areas in which persons work or travel has a level of contaminants that—\n\t(a)\tis as low as is reasonably practicable; and\n\t(b)\tdoes not exceed the exposure level for that contaminant specified in the relevant exposure standard referred to in regulation 49.\n\t(3)\tThis regulation does not apply in relation to an area of the mine—\n\t(a)\tthat is required to be entered in an emergency or for a mines rescue purpose; and\n\t(b)\tin which all persons are wearing self‑contained breathing apparatus.\n649—Air monitoring—air quality\nThe mine operator of an underground mine must ensure that air monitoring is carried out at the mine if the mine operator is not certain on reasonable grounds whether or not regulation 648 is being complied with.\n650—Requirements if air quality requirements and exposure standards not complied with\n\t(1)\tThis regulation applies if monitoring reveals that in an underground mine—\n\t(a)\tthe oxygen level specified in regulation 648(1)(a) is not met; or\n\t(b)\ta dust level referred to in regulation 648(1)(b)(ii) is exceeded; or\n\t(c)\tan exposure level referred to in regulation 648(2)(b) is exceeded.\n\t(2)\tThe mine operator of an underground mine must immediately notify any affected workers or other persons at the mine of the relevant circumstance referred to in subregulation (1).\n\t(3)\tThe mine operator of an underground mine must ensure that the air quality at the mine is retested by a competent person as soon as practicable.\n651—Records of air monitoring\n\t(1)\tThe mine operator of a mine must keep a record of air monitoring carried out at the mine under regulation 649.\n\t(2)\tA record of air monitoring must include—\n\t(a)\tthe results of the monitoring; and\n\t(b)\tdetails of the dates, location and frequency of the monitoring; and\n\t(c)\tthe sampling method and equipment used.\n\t(3)\tA record of air monitoring carried out under regulation 649 must be kept for 7 years after the record is made.\n\t(4)\tThe mine operator must keep a record of air monitoring available for inspection under the Act.\n\t(5)\tThe mine operator must keep a record of air monitoring readily accessible to workers and other persons at the mine.\n652—Ventilation system—further requirements\n\t(1)\tThe mine operator of an underground mine must ensure that the air supplied to the ventilation system at the mine is obtained from the purest source available.\n\t(2)\tThe mine operator must ensure the following:\n\t(a)\tventilation circuits at the mine do not allow uncontrolled recirculation of air;\n\t(b)\tplant and structures that regulate airflow are maintained in good working order;\n\t(c)\tunventilated headings are not entered unless—\n\t(i)\tthe purpose of entry is to establish ventilation; and\n\t(ii)\tadequate auxiliary ventilation is provided to the person entering the heading.\n\t(3)\tThe mine operator must ensure that, in areas of the mine where persons work or travel, the ventilation system for the mine provides an average air velocity of at least 0.3 metres per second measured across the work or travel area.\n653—Monitoring and testing of ventilation system\n\t(1)\tThe mine operator of an underground mine must monitor and test all aspects of the operation of the ventilation system at intervals that ensure that the system complies with regulations 648 and 652.\n\t(2)\tThe mine operator of a mine must keep a record of all monitoring and testing of the ventilation system at the mine for at least 7 years.\n\t(3)\tThe mine operator must keep the record available for inspection under the Act.\n\t(4)\tThe mine operator must keep the record readily accessible to workers and other persons at the mine.\n654—Duty to prepare ventilation control plan\n\t(1)\tThe mine operator of an underground mine must ensure that a ventilation control plan is prepared to provide for the management of all aspects of ventilation at the mine.\n\t(2)\tThe ventilation control plan must describe all control measures implemented in relation to ventilation at the mine.\n\t(3)\tWithout limiting subregulation (2), the ventilation control plan must include a description of the following, if applicable to the mine:\n\t(a)\tthe design and operation of the ventilation system, including the standards applying to the placement, operation, maintenance and monitoring of ventilation plant;\n\t(b)\tarrangements for inspecting, monitoring, maintaining and testing the ventilation system;\n\t(c)\tarrangements for managing risks to health and safety associated with potential inrush hazards and leakage into intake airways of atmospheric contaminants from goaf areas and abandoned sealed workings;\n\t(d)\tarrangements for managing risks to health and safety associated with intake air travelling across the face of a permanent seal at the mine;\n\t(e)\tarrangements for an alternate and independent way of operating the main ventilation fan system in the event of a loss of power supply to the main ventilation system;\n\t(f)\tarrangements for managing risks to health and safety associated with ignition sources, in the event that the ventilation system fails to adequately ventilate the mine;\n\t(g)\tprocedures to ensure the health and safety of persons at the mine in the event of a total or partial ventilation failure for more than 30 consecutive minutes.\n655—Review of ventilation control plan\nThe mine operator of an underground mine must ensure that a ventilation control plan is reviewed and as necessary revised if a risk control measure specified in the plan is revised under regulation 38 or 618.\n656—Ventilation plan\n\t(1)\tThe mine operator of an underground mine must ensure that a plan of the ventilation system for the mine is prepared.\n\t(2)\tThe ventilation plan must show—\n\t(a)\tthe direction, course and volume of air currents; and\n\t(b)\tthe position of all air doors, stoppings, fans, regulators and other ventilation plant and structures and ventilation monitoring devices at the mine.\nSubdivision 3—Underground coal mines\nSubdivision 3 (comprising regulations 657 to 663) appears in some corresponding WHS laws but does not apply in this State because there is no underground coal mining activity.\nDivision 5—Emergency management\nThe requirements of this Division are in addition to the requirements in relation to emergency plans under Division 4 of Chapter 3 Part 2.\nSubdivision 1—Emergency plans for all mines\n664—Duty to prepare emergency plan\n\t(1)\tThe mine operator of a mine must prepare an emergency plan for the mine in accordance with this Subdivision.\n\t(2)\tIn addition to the matters required by regulation 43(1), the emergency plan must—\n\t(a)\taddress all aspects of emergency response, including by ensuring—\n\t(i)\tthe establishment of a system that enables all persons at the mine to be promptly located; and\n\t(ii)\tthe provision of adequate rescue equipment; and\n\t(iii)\tthat an adequate number of persons trained in the use of rescue equipment are available to respond effectively to the emergency if a person is working at the mine; and\n\t(iv)\tthe provision of adequate patient transport if a person is working at a mine; and\n\t(b)\tinclude all matters specified in Schedule 22; and\n\t(c)\tso far as is reasonably practicable, be set out and expressed in a way that is readily understandable by persons who use it.\n\t(3)\tThe emergency plan for a mine must comply with the matters in subregulation (2)(a) and (b) to the extent that the matters are applicable to the mine having regard to—\n\t(4)\tThe emergency plan for a mine must contain an appropriate level of detail about the matters set out in subregulation (2)(a) and (b) having regard to all relevant matters including—\n\t(5)\tThe mine operator of a mine that is also a determined major hazard facility is not required to prepare an emergency plan under regulation 557 for the major hazard facility if—\n\t(a)\tthe mine operator has prepared an emergency plan for the facility for the purposes of this regulation; and\n\t(b)\tthe plan addresses all matters required to be addressed in an emergency plan under regulation 557 and includes all matters specified in Schedule 16.\n665—Consultation in preparation of emergency plan\n\t(1)\tIn preparing an emergency plan, the mine operator must consult with—\n\t(a)\tthe primary emergency services with responsibility for the area in which the mine is located; and\n\t(b)\tany other emergency service organisation, including any mines rescue organisation, that may be required to participate in implementing the emergency plan; and\n\t(c)\tin relation to the principal mining hazards that may cause or contribute to an incident that may adversely affect the health and safety of persons in the area surrounding the mine—the local authority for the local authority area in which the mine is located; and\n\t(d)\tif the mine is a major hazard facility—the local authority in relation to the off‑site health and safety consequences of a major incident occurring.\n\t(2)\tSubregulation (1)(a) does not apply to a mine operator who has on‑site emergency resources and capability or access to off‑site emergency resources and capability that are sufficient to address all aspects of emergency response at the mine.\n\t(3)\tThe mine operator must ensure that the emergency plan addresses any recommendation made by the emergency service organisations consulted under subregulation (1) in relation to—\n\t(a)\tthe testing of the emergency plan, including the way in which it will be tested, the frequency of testing and whether or not the emergency service organisations will participate in the testing; and\n\t(b)\twhat incidents or events at the mine should be notified to the emergency service organisations.\n\t(4)\tThe mine operator must have regard to any other recommendation or advice given by a person consulted under subregulation (1).\n666—Implementation of emergency plan\n\t(1)\tThe mine operator of a mine must immediately implement the emergency plan for the mine in the event of an emergency.\n\t(2)\tIf the mine is a determined major hazard facility, the mine operator must—\n\t(a)\timmediately implement the emergency plan if—\n\t(i)\ta major incident occurs in the course of the operation of the major hazard facility; or\n\t(ii)\tan event occurs that could reasonably be expected to lead to a major incident; and\n\t(b)\tnotify the emergency service organisations consulted under regulation 665(1) of the occurrence of an incident or event referred to in regulation 665(3)(b).\n667—Copies to be kept and provided\n\t(1)\tThe mine operator of a mine must keep a copy of the emergency plan at the mine.\n\t(2)\tThe mine operator must ensure that a copy of the emergency plan is available on request to any emergency service organisation consulted under regulation 665(1)(a).\n668—Resources for emergency plan\nThe mine operator of a mine must ensure that—\n\t(a)\tall resources, including rescue equipment, specified in the emergency plan for the mine are provided in accordance with the plan; and\n\t(b)\tall equipment, including rescue equipment, specified in the emergency plan is maintained in good working order.\n669—Testing of emergency plan\n\t(1)\tThe mine operator must test the emergency plan at least once a year having regard to the recommendations made by the emergency service organisations consulted under regulation 665 in preparing the plan.\n\t(2)\tIn addition, if the mine is a determined major hazard facility, the mine operator must test the emergency plan in accordance with the recommendations made by the emergency service organisations referred to in regulation 665(1) before applying for a licence for the major hazard facility.\nMore frequent testing may be required—see regulation 43.\n670—Review\n\t(1)\tIf a risk control measure is revised under regulation 38 or 618, the mine operator of the mine must ensure that the emergency plan is reviewed and as necessary revised in relation to all aspects of risk control addressed by the revised control measure.\n\t(2)\tIn addition, if the mine is a determined major hazard facility, the mine operator for the mine must review and as necessary revise the emergency plan if a circumstance referred to in regulation 559(2) exists.\n\t(a)\tin the case if an individual—$6 000;\n\t(3)\tIn reviewing and revising the emergency plan for the purposes of subregulation (2), the operator must consult with the emergency service organisations referred to in regulation 665.\nSubdivision 2—Underground mines\n671—Emergency exits\n\t(1)\tThe mine operator of an underground mine must ensure that the mine has at least 2 trafficable exits to the surface that comply with subregulations (2) and (3).\n\t(2)\tEach exit must—\n\t(a)\tbe accessible from each level in the mine in which stoping operations are being carried out; and\n\t(b)\tallow for the passage of rescue persons and rescue equipment; and\n\t(c)\tbe marked or signposted so that it can be readily located in an emergency; and\n\t(d)\tbe maintained so that it remains effective.\n\t(3)\tThe exits must be located so as to ensure, so far as is reasonably practicable, that an incident or event that occurs in relation to 1 exit, that prevents the exit from being used for the purpose of escape from the mine, does not prevent persons from using the other exit to escape.\n\t(4)\tThe mine operator of a mine is not required to comply with subregulation (1) in either of the following circumstances if the mine operator ensures that the mine has at least 1 trafficable exit to the surface that complies with subregulation (2):\n\t(a)\ta single entry drive or shaft is being developed;\n\t(b)\tthe most distant area of the mine is no more than 250 metres from the mine entrance.\n672—Safe escape and refuge\n\t(1)\tThe mine operator of an underground mine must provide adequate means of communicating with all affected persons when the emergency plan for the mine is implemented.\nAn alarm system.\n\t(2)\tThe mine operator of an underground mine must provide adequate means of escape that enable persons to safely reach an exit or refuge, including through conditions of reduced visibility or irrespirable or unsafe atmospheres.\n673—Signage for refuges\nThe mine operator of an underground mine that includes a refuge must ensure that signs are prominently displayed at the mine showing the location of each refuge.\n674—Self-rescuers\n\t(1)\tThe mine operator of an underground mine must ensure that a person who is to go underground is provided with an appropriate self‑contained self‑rescuer if there is a risk of an irrespirable atmosphere in the underground mine (including during an emergency).\n\t(2)\tThe mine operator must ensure that the person is trained in the use of, and is able to use, the self‑rescuer provided.\n675—Personal protective equipment in emergencies\n\t(1)\tThis regulation applies in relation to a worker who is to enter an underground mine in an emergency in order to carry out first aid or rescue procedures.\n\t(2)\tThe mine operator of the underground mine must ensure that oxygen or air supplied respiratory equipment is available for use by, and is provided to, the worker in an emergency in which—\n\t(a)\tthe concentration of oxygen falls below a safe oxygen level; or\n\t(b)\tthe atmosphere in the underground mine has a harmful concentration of an airborne contaminant; or\n\t(c)\tthere is a serious risk of the atmosphere in the underground mine becoming affected in the way referred to in paragraph (a) or (b) while the worker is in the underground mine.\n\t(3)\tThe mine operator must ensure that suitable personal protective equipment is available for use by, and is provided to, the worker in an emergency in which—\n\t(a)\tthere has been an inundation or inrush of any substance in the underground mine; or\n\t(b)\tthere is a serious risk of an inundation or inrush of any substance occurring while the worker is in the underground mine.\n\t(4)\tThe mine operator must ensure, so far as is reasonably practicable, that a worker uses the personal protective equipment provided under subregulation (2) or (3).\nDivision 6—Information, training and instruction\n675A—Duty to inform workers about safety management system\n\t(1)\tThe mine operator of a mine must ensure that, before a worker commences work at the mine—\n\t(a)\tthe worker is given a summary of the safety management system for the mine that is relevant to the worker's work at the mine; and\n\t(b)\tthe worker is informed of the right to see the documented safety management system for the mine prepared under regulation 621.\n\t(2)\tThe mine operator must ensure that the documented safety management system is available on request to a worker at the mine.\n\t(3)\tThe mine operator must ensure that—\n\t(a)\ta principal mining hazard management plan prepared under regulation 628 is readily accessible to a worker who is or may be exposed to the risks to which the plan relates; and\n\t(b)\ta ventilation control plan, prepared under regulation 654, is readily accessible to all workers at the mine; and\n\t(c)\tthe emergency plan for the mine, prepared under regulation 664, is readily accessible to all workers at the mine.\n\t(4)\tIf the safety management system is revised under regulation 625, the mine operator must ensure, so far as is reasonably practicable, that each worker at the mine is made aware of any revision that is relevant to work being carried out by the worker.\nIn relation to the provision of information to workers, also see regulation 39 and section 19(3)(f) of the Act.\n675B—Duty to provide information, training and instruction\n\t(1)\tThis regulation applies in addition to regulation 39.\n\t(2)\tThe mine operator of a mine must ensure that each worker at the mine is provided with suitable and adequate information, training and instruction in relation to the following:\n\t(a)\tall hazards associated with the work being carried out by the worker;\n\t(b)\tthe implementation of risk control measures relating to the work being carried out by the worker, including controls in relation to fatigue, the consumption of alcohol and the use of drugs;\n\t(c)\tthe content and implementation of the safety management system for the mine;\n\t(d)\tthe emergency plan for the mine;\n\t(e)\tthe safety role for workers implemented under regulation 675Q.\n675C—Information for visitors\nThe mine operator of a mine must ensure that a visitor who enters the mine with the authority of the mining operator is, as soon as practicable—\n\t(a)\tinformed about risks associated with mining operations to which the visitor may be exposed at the mine; and\n\t(b)\tinstructed in health and safety precautions the visitor should take at the mine; and\n\t(c)\tinstructed in the actions the visitor should take if the emergency plan for the mine is implemented while the visitor is at the mine.\n675D—Review of information, training and instruction\nThe mine operator of a mine must ensure that information, training and instruction provided to workers under regulations 675A and 675B or to visitors under regulation 675C are reviewed and as necessary revised to ensure that they remain relevant and effective.\n675E—Record of training\nThe mine operator of a mine must—\n\t(a)\tmake a record of any training provided to a worker under regulation 675B; and\n\t(b)\tkeep the record while the worker remains engaged at the mine.\nPart 3—Health Monitoring\n675F—Health monitoring of worker\n\t(1)\tThe mine operator of a mine must ensure that health monitoring is provided in accordance with subregulation (2) to a worker at a mine engaged to carry out work at a mine if—\n\t(a)\tthere is a significant risk of an adverse effect on the worker's health because of the worker's exposure to a hazard associated with mining; and\n\t(b)\tvalid techniques are available to detect that effect on the worker's health.\n\t(2)\tThe health monitoring must be carried out—\n\t(a)\tin accordance with this Part; and\n\t(b)\tat intervals determined by a registered medical practitioner with experience in health monitoring.\n675G—Duty to inform of health monitoring\nThe mine operator of a mine, who is required to ensure that health monitoring is provided to a worker, must give information about the health monitoring requirements to—\n\t(a)\ta person who is likely to be engaged to carry out work that triggers the requirement for health monitoring; and\n\t(b)\ta worker at the mine, before the worker commences work that triggers the requirement for health monitoring.\n675H—Duty to ensure health monitoring is carried out or supervised by registered medical practitioner with experience\n\t(1)\tThe mine operator of a mine must ensure, so far as is reasonably practicable, that the health monitoring of a worker under this Part is carried out by or under the supervision of a registered medical practitioner with experience in health monitoring.\n\t(2)\tThe mine operator must ensure that the worker is consulted in relation to the selection of the registered medical practitioner.\n675I—Duty to pay costs of health monitoring\n\t(1)\tThe mine operator of a mine who engages a worker at the mine must pay all expenses relating to health monitoring referred to in this Part.\n\t(2)\tIf the mine operator of a mine has not engaged a worker at the mine, the mine operator must ensure that the person conducting the business or undertaking that engaged the worker pays all expenses relating to health monitoring.\n675J—Duty to provide registered medical practitioner with information\nThe person conducting a business or undertaking who commissions health monitoring for a worker must provide the following information to the registered medical practitioner carrying out or supervising the health monitoring:\n\t(a)\tthe name and address of the mine operator;\n\t(d)\tif the worker has started the work—how long the worker has been carrying out the work.\n675K—Health monitoring report\n\t(1)\tHealth monitoring must be documented in a health monitoring report in the form approved by the regulator.\n\t(c)\tthe name and address of—\n\t(i)\tthe mine operator; and\n\t(ii)\tthe person conducting a business or undertaking who commissioned the health monitoring;\n\t(d)\tthe date of the health monitoring;\n\t(e)\tan explanation of the results;\n\t(f)\tany advice indicating any adverse health effect resulting from exposure to a risk associated with mining operations;\n\t(g)\tany recommendation that the mine operator take remedial measures, including whether the worker can continue to carry out the type of work that triggered the requirement for health monitoring;\n\t(h)\twhether medical counselling is required for the worker in relation to the work that triggered the requirement for health monitoring.\n675L—Person conducting business or undertaking to obtain health monitoring report\nThe person conducting a business or undertaking who has commissioned health monitoring must take all reasonable steps to obtain a health monitoring report from the registered medical practitioner who carried out or supervised the monitoring as soon as practicable after the monitoring is carried out in relation to a worker.\n675M—Person conducting business or undertaking to give health monitoring report to mine operator of mine\nA person conducting a business or undertaking must, on request, give a copy of the health monitoring report required to be kept under regulation 675P(1) to the mine operator of any mine at which the worker carries out work.\n675N—Duty to give health monitoring report to worker\nThe mine operator of a mine must take all reasonable steps to ensure that a worker at the mine who is provided with health monitoring is given a copy of the health monitoring report as soon as practicable after the monitoring is carried out.\n675O—Duty to give health monitoring report to regulator\nThe mine operator of a mine must take all reasonable steps to ensure that a copy of a health monitoring report relating to a worker at the mine is given to the regulator as soon as practicable if the report contains—\n\t(a)\tany advice indicating any adverse health effect resulting from exposure to a risk associated with mining operations; or\n\t(b)\ta recommendation that the mine operator should move the worker from a hazard or assign the worker to different work.\n675P—Health monitoring reports kept as records\n\t(1)\tThe person conducting a business or undertaking that engaged a worker at the mine must ensure that a health monitoring report in relation to the worker is kept as a confidential record.\n\t(1a)\tThe person must ensure that a health monitoring report in relation to a worker is kept for at least—\n\t(a)\tfor hazards known to have a cumulative or delayed health effect—30 years after the record is made; or\n\t(b)\tfor other hazards—7 years after the record is made.\n\t(2)\tA person conducting a business or undertaking who obtains a health monitoring report in relation to a worker under this Part must not disclose the report to another person without the worker's written consent.\n\t(3)\tSubregulation (2) does not apply if the report is disclosed to—\n\t(a)\ta mine operator to whom a copy report is given under regulation 675M; or\n\t(b)\tthe regulator under regulation 675O; or\n\t(c)\ta new mine operator to whom all records are given under regulation 615(3); or\n\t(d)\ta person who must keep the report confidential under a duty of professional confidentiality; or\n\t(e)\ta health and safety representative in accordance with section 71(2) of the Act.\n\t(4)\tThe person conducting a business or undertaking that engaged a worker at the mine must ensure, so far as is reasonably practicable, that any health monitoring report kept in relation to a worker under subregulation (1) is given to the worker if the business or undertaking at the mine is to be wound up or otherwise cease to exist.\nPart 4—Consultation and Workers' Safety Role\n675Q—Safety role for workers in relation to principal mining hazards\nThe mine operator of a mine must implement a safety role for the workers at the mine that enables them to contribute to—\n\t(a)\tthe identification under regulation 627 of principal mining hazards that are relevant to the work that the workers are or will be carrying out; and\n\t(b)\tthe consideration of control measures for risks associated with principal mining hazards at the mine; and\n\t(c)\tthe conduct of a review under regulation 629.\n675R—Mine operator must consult with workers\nFor the purposes of section 49(f) of the Act, the mine operator of a mine must consult with workers at the mine in relation to the following:\n\t(a)\tthe development, implementation and review of the safety management system for the mine;\n\t(b)\tconducting risk assessments for principal mining hazard management plans;\n\t(c)\tpreparing, testing and reviewing the emergency plan for the mine;\n\t(d)\tthe implementation of the workers' safety role under regulation 675Q;\n\t(e)\tdeveloping and implementing strategies to protect persons at the mine from any risk to health and safety arising from the following:\n\t(i)\tthe consumption of alcohol or use of drugs by any person;\n\t(ii)\tworker fatigue.\nSee section 49 of the Act for other consultation duties of a person conducting a business or undertaking.\nPart 5—Mine Survey Plans\n675S—Survey plan of mine must be prepared\n\t(1)\tThe mine operator of a mine must ensure that a detailed survey plan of the mine is prepared by a competent person.\n\t(2)\tThe plan must (unless it relates to a precious stones field under the Opal Mining Act 1995) reference the mine to—\n\t(a)\t—\n\t(i)\tin the case of a plan prepared before 24 September 2022—GDA94 or GDA2020; or\n\t(ii)\tin any other case—GDA2020; and\n\t(b)\tthe Australian Height Datum.\n\t(3)\tThe plan must show the following (if present at the mine):\n\t(a)\tthe workings of the mine, including disused workings and bore holes;\n\t(b)\tthe location of electrical installations;\n\t(c)\tthe location of telephones and other fixed plant associated with the radio and telecommunications systems;\n\t(d)\twater dams and tailings dams;\n\t(e)\tnatural features surrounding the mine;\n\t(f)\tplaces for the storage of hydrocarbons or explosives;\n\t(g)\tpoints of entry and exit, including emergency exits;\n\t(h)\trefuges (in an underground mine).\n\t(4)\tIn complying with subregulation (1), the mine operator of a mine must take all reasonable steps to obtain historical mine surveys of the mine to ensure the accuracy of the mine survey plan.\n\t(5)\tIn subregulation (2)—\nAustralian Height Datum means the Australian Height Datum described in the Division of National Mapping Technical Report No.12, The Adjustment of the Australian Levelling Survey, 1970‑71 (2nd edition, 1975);\nGeocentric Datum of Australia 1994 or GDA94 means the Geocentric Datum of Australia as defined in Commonwealth of Australia Gazette No. 35 of 6 September 1995 (GDA94 geocentric data set);\nGeocentric Datum of Australia 2020 or GDA2020 has the same meaning as in the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 made under section 8A of the National Measurement Act 1960 of the Commonwealth.\nRegulation 656 requires the mine operator of an underground mine to prepare a plan of the ventilation system for the mine.\n675T—Review of survey plan\n\t(1)\tThe mine operator of a mine must review and as necessary revise the mine survey plan—\n\t(a)\tif it no longer accurately reflects the workings that have been carried out at the mine or the workings that are proposed to be carried out at the mine; or\n\t(b)\tif there are reasonable grounds to believe that the mine survey plan is not accurate; or\n\t(c)\tat least once every 12 months.\n\t(2)\tSubregulation (1)(c) does not apply if the mining operations at the mine have been discontinued or suspended for more than 12 months.\n675U—Survey plan to be available\n\t(1)\tThe mine operator of a mine must keep the current mine survey plan and all previous versions of the plan available for inspection under the Act.\n\t(2)\tThe mine operator of a mine must make the current mine survey plan available on request to workers at the mine.\nPart 6—Provision of information to regulator\n\t(1)\tThis Part applies in addition to Part 3 of the Act.\n\t(2)\tUnless provided otherwise, incidents referred to in this Part include notifiable incidents (see section 35 of the Act).\n675V—Duty to notify regulator of certain incidents\n\t(1)\tThe mine operator of a mine must take all reasonable steps to ensure that the regulator is notified as soon as possible after becoming aware of an incident arising out of the carrying out of mining operations at the mine.\n\t(2)\tThe notification must—\nThe notice may be given by fax, email or other electronic means.\n\t(b)\tbe in a form required by the regulator; and\n\t(c)\tin the case of an incident that results in an illness or injury, contain the details specified in Schedule 23.\nhigh potential incident means an incident or event referred to in section 37(a) to (l) of the Act that would have been a dangerous incident under section 37 if a person were in the vicinity at the time when the incident or event occurred and in usual circumstances a person could have been in that vicinity at that time;\nincident means an incident (other than a notifiable incident) that—\n\t(a)\tresults in illness or injury that requires medical treatment within the meaning of item 13.2 of Schedule 24; or\n\t(b)\tis a high potential incident.\nThis regulation does not apply in relation to notifiable incidents about which notification must be given under Part 3 of the Act.\n675W—Quarterly reports\n\t(1)\tThe mine operator of a mine must give the regulator a quarterly work health and safety report in accordance with this regulation.\n\t(2)\tThe report must—\n\t(a)\tbe given at the times or intervals (including annually) and in the manner and form required by the regulator; and\n\t(b)\tcontain the information specified in Schedule 24.\nThis regulation applies in relation to notifiable incidents and incidents within the meaning of regulation 675V.\n\t(3)\tThe mine operator of a mine is not required to give the regulator a report under this regulation before 1 January 2015.\n675X—Duty to notify mine operator of notifiable incidents\nA person who conducts a business or undertaking at a mine must ensure that the mine operator is notified as soon as practicable of any incident that has been notified to the regulator under section 38 of the Act.\nSection 38 of the Act requires a person who conducts a business or undertaking to ensure that the regulator is notified about notifiable incidents.\nPart 7—Mine Record\n675Y—Mine record\n\t(1)\tThe mine operator of a mine must keep a mine record for the mine.\n\t(2)\tThe mine record must contain—\n\t(a)\ta record of any notice issued in relation to the mine under Part 10 of the Act; and\n\t(b)\ta copy of any provisional improvement notice issued in relation to the mine under Part 5 Division 7 of the Act; and\n\t(c)\ta record of every incident notified to the regulator under Part 3 of the Act or under regulation 675V; and\n\t(d)\ta summary of all records kept under regulations 619 and 620; and\n\t(e)\teach report under regulation 630 by a shift supervisor at the mine.\n675Z—Mine record must be kept and available\n\t(1)\tThe mine operator of a mine must keep a record that forms part of the mine record for 7 years from the date the record was made.\n\t(2)\tThe mine operator must keep the mine record for the mine available for inspection under the Act.\n\t(3)\tThe mine operator must ensure that the mine record for the mine is available to workers at the mine on request.\n\t(4)\tFor the purposes of subregulation (3), the mine operator is only required to make available a summary of a record referred to in regulation 675Y(2)(c).\n\t(5)\tSubregulation (3) does not require or permit the mine operator to provide personal or medical information in relation to a worker without the worker's written consent unless the information is in a form that—\n\t(a)\tdoes not identify the worker; and\n\t(b)\tcould not reasonably be expected to lead to the identification of the worker.\nChapter 11—General\nPart 1—Review of decisions under these regulations\nDivision 1—Reviewable decisions\n676—Which decisions under these regulations are reviewable\n\t(1)\tThe following table sets out:\n\t(a)\tdecisions made under these regulations that are reviewable under this Part (reviewable decisions); and\n\t(b)\twho is eligible to apply for review of a reviewable decision (the eligible person).\n\nItem\nRegulation under which reviewable decision is made\nEligible person in relation to reviewable decision\n\nHigh risk work licences\n\n89—Refusal to grant licence\n91—Refusal to grant licence\n2A\n91A—Imposition of condition when granting licence\n2B\n91A—Imposition of condition when renewing licence\n98—Refusal to issue replacement licence document\n104—Refusal to renew licence\n106—Suspension of licence\n106—Cancellation of licence\n106—Disqualification of licence holder from applying for another licence\n7A\n106—Variation of licence conditions\n\nAccreditation of assessors\n\n118—Refusal to grant accreditation\n\n120—Refusal to grant accreditation\n\n121—Imposition of a condition when granting accreditation\n\n121—Imposition of a condition when renewing accreditation\n\n127—Refusal to issue replacement accreditation document\n\n132—Refusal to renew accreditation\n\n133—Suspension of accreditation\n\n133—Cancellation of accreditation\n\n133—Disqualification of assessor from applying for a further accreditation\n\nRegistration of plant designs\n\n256—Refusal to register plant design\n257—Refusal to register plant design\n258—Imposition of a condition when granting registration of plant design\n\nRegistration of plant\n\n269—Refusal to register item of plant\n\n270—Refusal to register item of plant\n\n271—Imposition of a condition when granting registration of item of plant\n\n271—Imposition of a condition when renewing registration of item of plant\n\n279—Refusal to renew registration of item of plant\n\n283—Amendment of registration, on regulator's initiative\n\n284—Refusal to amend registration on application (or a decision to make a different amendment)\n\n288—Refusal to issue replacement registration document\n\n27A\n288B—Decision to cancel registration\n\nGeneral construction induction training\n\n322—Refusal to issue general construction induction training card\n322—Refusal to issue replacement general construction induction training card\nCard holder\n323—Cancellation of general construction induction training card\nCard holder\n\nHazardous chemicals and lead\n\n384—Refusal to grant authorisation to use, handle or store a prohibited or restricted carcinogen\n386—Cancellation of authorisation to use, handle or store a prohibited or restricted carcinogen\nAuthorisation holder\n393—Deciding a process to be a lead process\nA person conducting a business or undertaking that carries out the lead process\n\nA worker whose interests are affected by the decision\n407—Determining a different frequency for biological monitoring of workers at a workplace, or a class of workers, carrying out lead risk work\nA person conducting a business or undertaking that carries out lead risk work\n\nA worker whose interests are affected by the decision\n\nAsbestos removal licences and asbestos assessor licences\n\n497—Refusal to grant licence\n501—Refusal to grant licence\n502—Imposition of a condition when granting licence\n502—Imposition of a condition when renewing licence\n508—Amendment of licence, on regulator's initiative\n509—Refusal to amend licence on application (or a decision to make a different amendment)\n513—Refusal to issue replacement licence document\n517—Refusal to renew licence\n520—Suspension of licence\n520—Cancellation of licence\n520—Disqualification of licence holder from applying for another licence\n\nMajor hazard facilities\n\nDetermination of facility to be major hazard facility\n\n541—Determination of facility to be a major hazard facility, on making inquiry\n541—Decision not to determine proposed facility to be a major hazard facility\n542—Determination of major hazard facility\n543—Determination of suitability of operator\n544—Imposition of a condition on a determination of a major hazard facility\n\nLicensing of major hazard facility\n\n580—Refusal to grant licence\n584—Imposition of a condition when granting licence\n584—Imposition of a condition when renewing licence\n589—Amendment of licence, on regulator's initiative\n590—Refusal to amend licence, on application (or a decision to make a different amendment)\n594—Refusal to issue replacement licence document\n598—Refusal to renew licence\n600—Refusal to transfer licence, on application\n\nProposed operator of facility\n601—Refusal to cancel licence, on application\n602—Suspension of licence\n602—Cancellation of licence\n602—Disqualification of licence holder from applying for another licence\n\nExemptions\n\n684—Refusal to exempt person (or a class of persons) from compliance with any of these regulations\n686—Refusal to exempt person from requirement to hold a high risk work licence\n688—Refusal to exempt operator of MHF from compliance with any of these regulations, on application\n65A\n689A(1)—Refusal to exempt a particular type of engineered stone from regulation 529D\n691—Imposing condition on an exemption granted on application under Part 11.2\n696—Refusal to grant exemption\n697—Amendment of an exemption granted on application under Chapter 11 Part 2\n697—Cancellation of an exemption granted on application under Chapter 11 Part 2\n\t(2)\tUnless the contrary intention appears, a reference in this Part to a decision includes a reference to—\n\t(a)\tmaking, suspending, revoking or refusing to make an order, determination or decision; or\n\t(b)\tgiving, suspending, revoking or refusing to give a direction, approval, consent or permission; or\n\t(c)\tgranting, issuing, amending, renewing, suspending, cancelling, revoking or refusing to grant, issue, amend or renew an authorisation; or\n\t(d)\timposing or varying a condition; or\n\t(e)\tmaking a declaration, demand or requirement; or\n\t(f)\tretaining, or refusing to deliver up, a thing; or\n\t(g)\tdoing or refusing to do any other act or thing; or\n\t(h)\tbeing taken to refuse or do any act or thing.\nDivision 2—Internal review\n677—Application\nThis Division does not apply to a reviewable decision made under—\n\t(a)\tChapter 9; or\n\t(b)\tChapter 11 Part 2.\n678—Application for internal review\n\t(1)\tSubject to subregulation (2), an eligible person in relation to a reviewable decision may apply to the regulator for review (an internal review) of the decision within—\n\t(a)\t28 days after the day on which the decision first came to the eligible person's notice; or\n\t(b)\tany longer time the regulator allows.\n\t(2)\tAn eligible person in relation to a reviewable decision under regulation 89(5), 118(5), 256(5), 269(5) or 497(5) may apply to the regulator for review (an internal review) of the decision within—\n\t(a)\t28 days after the day on which the 120 day period referred to in that provision; or\n\t(b)\tany longer time the regulator allows.\n\t(3)\tThe application must be made in the manner and form required by the regulator.\n679—Internal reviewer\n\t(1)\tThe regulator may appoint a person or body to review decisions on applications under this Division.\n\t(2)\tThe person who made the reviewable decision cannot be an internal reviewer in relation to that decision.\n680—Decision of internal reviewer\n\t(1)\tThe internal reviewer must review the reviewable decision and make a decision as soon as practicable and within 14 days after the application for internal review, or the additional information requested under subregulation (3), is received.\n\t(2)\tThe decision may be—\n\t(a)\tto confirm or vary the reviewable decision; or\n\t(b)\tto set aside the reviewable decision and substitute another decision that the internal reviewer considers appropriate.\n\t(3)\tThe internal reviewer may ask the applicant to provide additional information in support of the application for review.\n\t(4)\tThe applicant must provide the additional information within the time (being not less than 7 days) specified by the internal reviewer in the request for information.\n\t(5)\tIf the applicant does not provide the additional information within the required time, the reviewable decision is taken to have been confirmed by the internal reviewer at the end of that time.\n\t(6)\tIf the reviewable decision is not varied or set aside within the 14 day period referred to in subregulation (1), the reviewable decision is taken to have been confirmed by the internal reviewer.\n681—Decision on internal review\nWithin 14 days of making the decision on the internal review, the internal reviewer must give the applicant written notice of—\n\t(a)\tthe decision on the internal review; and\n\t(b)\tthe reasons for the decision.\n682—Internal review—reviewable decision continues\nSubject to any provision to the contrary in relation to a particular decision, an application for an internal review does not affect the operation of the reviewable decision or prevent the taking of any lawful action to implement or enforce the decision.\nDivision 3—External review\n683—Application for external review\n\t(1)\tAn eligible person may apply to SAET for review (an external review) of—\n\t(a)\ta reviewable decision made by the regulator under—\n\t(i)\tChapter 9; or\n\t(ii)\tChapter 11 Part 2; or\n\t(b)\ta decision made, or taken to have been made, on an internal review.\n\t(2)\tThe application must be made within—\n\t(a)\t28 days after the day on which the decision first came to the eligible person's notice; or\n\t(b)\tany longer time as SAET may allow.\nPart 2—Exemptions\n684—General power to grant exemptions\n\t(1)\tThe regulator may exempt a person or class of persons from compliance with any of these regulations.\n\t(2)\tThe exemption may be granted on the regulator's own initiative or on the written application of 1 or more persons.\n\t(3)\tThis regulation is subject to the limitations set out in this Part.\n\t(4)\tThis regulation does not apply to an exemption from—\n\t(a)\ta provision requiring a person to hold a high risk work licence; or\n\t(b)\ta provision of Chapter 9 relating to a major hazard facility or proposed major hazard facility; or\n\t(c)\tregulation 529D in relation to exempting a type of engineered stone from that regulation.\n685—Matters to be considered in granting exemptions\nIn deciding whether or not to grant an exemption under regulation 684 the regulator must have regard to all relevant matters, including the following:\n\t(a)\twhether the granting of the exemption will result in a standard of health and safety at the relevant workplace, or in relation to the relevant undertaking, that is at least equivalent to the standard that would be achieved by compliance with the relevant provision or provisions;\n\t(b)\twhether the requirements of paragraph (a) will be met if the regulator imposes certain conditions in granting the exemption and those conditions are complied with;\n\t(c)\twhether exceptional circumstances justify the grant of the exemption;\n\t(d)\tif the proposed exemption relates to a particular thing—whether the regulator is satisfied that the risk associated with the thing is not significant if the exemption is granted;\n\t(e)\twhether the applicant has carried out consultation in relation to the proposed exemption in accordance with Divisions 1 and 2 of Part 5 of the Act.\nDivision 2—High risk work licences\n686—High risk work licence—exemption\n\t(1)\tThe regulator may exempt a person or class of persons from compliance with a provision of these regulations requiring the person or class of persons to hold a high risk work licence.\n\t(2)\tThe exemption may be granted on the written application of any person concerned.\n687—High risk work licence—regulator to be satisfied about certain matters\n\t(1)\tThe regulator must not grant an exemption under regulation 686 unless satisfied that granting the exemption will result in a standard of health and safety that is at least equivalent to the standard that would have been achieved without that exemption.\n\t(2)\tFor the purposes of subregulation (1), the regulator must have regard to all relevant matters, including whether or not—\n\t(a)\tthe obtaining of the high risk work licence would be impractical; and\n\t(b)\tthe competencies of the person to be exempted exceed those required for a high risk work licence; and\n\t(c)\tany plant used by the person can be modified in a way that reduces the risk associated with using that plant.\nDivision 3—Major hazard facilities\n688—Major hazard facility—exemption\n\t(1)\tThe regulator may exempt the operator of a major hazard facility or proposed major hazard facility from compliance with any provision of these regulations relating to that facility.\n\t(2)\tThe exemption may be granted on the written application of the operator of the major hazard facility or proposed major hazard facility.\n689—Major hazard facility—regulator to be satisfied about certain matters\n\t(1)\tThe regulator must not grant an exemption under regulation 688 unless satisfied that—\n\t(a)\t1 or more Schedule 15 chemicals are present or likely to be present at the facility; and\n\t(b)\tthe quantity of the Schedule 15 chemicals exceeds the threshold quantity of the Schedule 15 chemicals periodically because they are solely the subject of intermediate temporary storage; and\n\t(c)\tthe Schedule 15 chemical or chemicals are in 1 or more containers with the capacity of each container being not more than a total of 500 kilograms; and\n\t(d)\tgranting the exemption will result in a standard of health and safety in relation to the operation of the facility that is at least equivalent to the standard that would be achieved by compliance with the relevant provision or provisions.\n\t(2)\tFor the purposes of subregulation (1)(d), the regulator must have regard to all relevant matters, including whether or not—\n\t(a)\tthe applicant is complying with the Act and these regulations; and\n\t(b)\tthe applicant has processes and procedures in place which will keep the quantity of the Schedule 15 chemical or chemicals present or likely to be present at or below the threshold quantity for the Schedule 15 chemical or chemicals as often as practicable; and\n\t(c)\tthe applicant has implemented adequate control measures to minimise the risk of a major incident occurring.\n","sortOrder":30},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Engineered stone","content":"Division 3A—Engineered stone\n689A—Engineered stone—exemption\n\t(1)\tThe regulator may exempt a type of engineered stone from regulation 529D.\n\t(2)\tA person conducting a business or undertaking is exempt from compliance with regulation 529D if the work involves a type of engineered stone that is the subject of an exemption granted under—\n\t(a)\tsubregulation (1); or\n\t(b)\ta corresponding WHS law that is equivalent to subregulation (1).\n689B—Engineered stone—application for exemption\n\t(1)\tA person with an interest in having an exemption granted under regulation 689A(1) may apply to the regulator for an exemption.\n\t(2)\tHowever, before the person can apply under subregulation (1), the person must give each social partner SWA member—\n\t(a)\ta written notice stating—\n\t(i)\tthe person intends to make the application; and\n\t(ii)\tthe social partner SWA member may give the person submissions for the regulator about the application within the reasonable period stated in the notice; and\n\t(iii)\tthe person must provide the social partner SWA member's submissions to the regulator as part of the person's application; and\n\t(b)\ta copy of the proposed application for the exemption.\n\t(3)\tThe person's application must be—\n\t(a)\tin writing; and\n\t(b)\taccompanied by the written notice the person gives each social partner SWA member under subregulation (2); and\n\t(c)\taccompanied by any submissions received by the person from social partner SWA members under subregulation (2).\nsocial partner SWA members means—\n\t(a)\tthe 2 members of Safe Work Australia who represent the interests of workers in Australia; and\n\t(b)\tthe 2 members of Safe Work Australia who represent the interests of employers in Australia.\n689C—Engineered stone—notifying persons of application for exemption\n\t(1)\tThe regulator must give the application documents in relation to an application for an exemption under regulation 689A(1) to each corresponding regulator.\n\t(2)\tThe regulator may also give the application documents for an application for an exemption under regulation 689A(1) to—\n\t(a)\tan employer organisation that includes employers who engage in work involving engineered stone; or\n\t(b)\ta union representing employees whose work includes work involving engineered stone; or\n\t(c)\ta person who has qualifications, knowledge, skills and experience relating to engineered stone.\napplication documents, in relation to an application for an exemption under regulation 689A(1), means—\n\t(a)\ta written notice stating—\n\t(i)\tthe regulator has received the application; and\n\t(ii)\tthe person receiving the notice may make submissions to the regulator about the application within the reasonable period set out in the notice; and\n\t(b)\ta copy of—\n\t(i)\tthe application; and\n\t(ii)\tany submissions that the regulator receives in relation to the application under regulation 689B(3)(c).\n689D—Engineered stone—regulator to be satisfied about certain matters\n\t(1)\tThe regulator must not grant an exemption under regulation 689A(1) unless satisfied that granting the exemption will result in a standard of health and safety that is at least equivalent to the standard that would have been achieved without that exemption.\n\t(2)\tFor the purposes of subregulation (1), the regulator must have regard to all relevant matters, including—\n\t(a)\tany submissions received under regulation 689B(3)(c) or 689C; and\n\t(b)\twhether the regulator is satisfied that, if the exemption were granted, the risk associated with the type of engineered stone that is the subject of the application would not be significant; and\n\t(c)\tif Safe Work Australia publishes a document under regulation 689E—the relevant matters contained in the document.\n689E—Safe Work Australia may issue and publish documents in relation to exemptions\n\t(1)\tSafe Work Australia may issue a document setting out the matters to be considered when granting an exemption under this Division.\n\t(2)\tSafe Work Australia must publish the document on the Safe Work Australia website.\nSee the Safe Work Australia website (https://www.safeworkaustralia.gov.au).\nDivision 4—Exemption process\n690—Application for exemption\nAn application for an exemption must be made in the manner and form required by the regulator.\n1\tThe application must be in writing (see regulation 684(2)).\n2\tThe regulator may grant an exemption on its own initiative (see regulation 684(2)).\n3\tSee section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.\n691—Conditions of exemption\n\t(1)\tThe regulator may impose any conditions it considers appropriate on an exemption granted under this Part.\n\t(2)\tWithout limiting subregulation (1), conditions may require the applicant to do 1 or more of the following:\n\t(a)\tmonitor risks;\n\t(b)\tmonitor the health of persons at the workplace who may be affected by the exemption;\n\t(c)\tkeep certain records;\n\t(d)\tuse a stated system of work;\n\t(e)\treport certain matters to the regulator;\n\t(f)\tgive notice of the exemption to persons who may be affected by the exemption.\nA decision to impose a condition is a reviewable decision (see regulation 676).\n692—Form of exemption document\nThe regulator must prepare an exemption document that states the following:\n\t(a)\tthe name of the applicant for the exemption (if any);\n\t(b)\tthe person or class of persons to whom the exemption will apply, if applicable;\n\t(c)\tthe work or thing to which the exemption relates, if applicable;\n\t(d)\tthe circumstances in which the exemption will apply;\n\t(e)\tthe provisions of these regulations to which the exemption applies;\n\t(f)\tany conditions on the exemption;\n\t(g)\tthe date on which the exemption takes effect;\n\t(h)\tthe duration of the exemption.\n693—Compliance with conditions of exemption\nA person to whom the exemption is granted must—\n\t(a)\tcomply with the conditions of the exemption; and\n\t(b)\tensure that any person under the management or control of that person complies with the conditions of the exemption.\n694—Notice of decision in relation to exemption\n\t(1)\tThe regulator must give a copy of the exemption document referred to in regulation 692 within 14 days after making the decision to grant the exemption to—\n\t(a)\tif a person applied for the exemption—the applicant; or\n\t(b)\tif the regulator granted the exemption on the regulator's own initiative—each person (other than persons to whom regulation 695 applies) to whom the exemption will apply.\n\t(2)\tIf the regulator grants an exemption under regulation 689A(1), the regulator must notify each corresponding regulator that the exemption is granted.\n695—Publication of exemption\n\t(1)\tThis regulation applies to an exemption that—\n\t(a)\trelates to a class of persons; or\n\t(b)\tis granted under regulation 689A(1).\n\t(2)\tThe regulator must publish a copy of the exemption—\n\t(a)\ton an appropriate government website; and\n\t(b)\tin the Gazette.\n\t(3)\tIf the regulator grants an exemption under regulation 689A(1), the regulator must publish on an appropriate government website the reasons for the decision within 14 days after the day the exemption is granted.\n696—Notice of refusal of exemption\n\t(1)\tIf the regulator refuses to grant an exemption, the regulator must give the applicant for the exemption written notice of the refusal within 14 days after making that decision.\n\t(2)\tThe notice must state the regulator's reasons for the refusal.\nA refusal to grant an exemption is a reviewable decision (see regulation 676).\n697—Amendment or cancellation of exemption\nThe regulator may at any time amend or cancel an exemption.\nA decision to amend or cancel an exemption is a reviewable decision (see regulation 676).\n698—Notice of amendment or cancellation\n\t(1)\tThe regulator must give written notice of the amendment or cancellation of an exemption, within 14 days after making the decision to amend or cancel the exemption, to—\n\t(a)\tif a person applied for the exemption—the applicant; or\n\t(b)\tif the regulator granted the exemption on its own initiative—each person (other than persons to whom subregulation (2) applies) to whom the exemption applies.\n\t(2)\tIf the exemption affects a class of persons or is granted under regulation 689A(1), the regulator must publish notice of the amendment or cancellation of the exemption in the Gazette.\n\t(3)\tThe notice must state the regulator's reasons for the amendment or cancellation.\n\t(4)\tThe amendment or cancellation takes effect—\n\t(a)\ton the publication of the notice in the Gazette, or on a later date specified in the notice; or\n\t(b)\tif the notice is not required to be published in the Gazette, on the giving of the notice to the applicant under subregulation (1) or on a later date specified in the notice.\nPart 3—Miscellaneous\n699—Incident notification—prescribed serious illnesses\nFor the purposes of section 36 of the Act, each of the following conditions is a serious illness:\n\t(a)\tany infection to which the carrying out of work is a significant contributing factor, including any infection that is reliably attributable to carrying out work—\n\t(i)\twith micro‑organisms; or\n\t(ii)\tthat involves providing treatment or care to a person; or\n\t(iii)\tthat involves contact with human blood or body substances; or\n\t(iv)\tthat involves handling or contact with animals, animal hides, skins, wool or hair, animal carcasses or animal waste products;\n\t(b)\tthe following occupational zoonoses contracted in the course of work involving handling or contact with animals, animal hides, skins, wool or hair, animal carcasses or animal waste products:\n\t(i)\tQ fever;\n\t(ii)\tAnthrax;\n\t(iii)\tLeptospirosis;\n\t(iv)\tBrucellosis;\n\t(v)\tHendra Virus;\n\t(vi)\tAvian Influenza;\n\t(vii)\tPsittacosis.\n699A—Incident notification—prescribed dangerous incident\nFor the purposes of section 37 of the Act, the unplanned loss of control of heavy earthmoving machinery (including failure of braking or steering) at a mine is a dangerous incident.\n700—Inspectors' identity cards\nFor the purposes of section 157(1) of the Act, an identity card given by the regulator to an inspector must include the following:\n\t(a)\ta recent photograph of the inspector in the form specified by the regulator;\n\t(b)\tthe inspector's signature;\n\t(c)\tthe date (if any) on which the inspector's appointment ends;\n\t(d)\tany conditions to which the inspector's appointment is subject, including the kinds of workplaces in relation to which the inspector may exercise his or her compliance powers.\n701—Review of decisions under the Act—stay of decision\nFor the purposes of section 228(6)(a) of the Act, the prescribed period is 14 days.\n702—Confidentiality of information—exception relating to administration or enforcement of other laws\nThe following Acts are prescribed for the purposes of section 271(3)(c)(ii) of the Act:\n\t(a)\ta corresponding WHS law;\n\t(b)\tthe Controlled Substances Act 1984;\n\t(c)\tthe Criminal Law Consolidation Act 1935;\n\t(d)\tthe Electricity Act 1996;\n\t(e)\tthe Environment Protection Act 1993;\n\t(f)\tthe Fire and Emergency Services Act 2005;\n\t(g)\tthe Motor Vehicles Act 1959;\n\t(h)\tthe National Vocational Education and Training Regulator Act 2011 of the Commonwealth;\n\t(i)\tthe Navigation Act 2012 of the Commonwealth;\n\t(j)\tthe Occupational Health and Safety Act 2004 of Victoria;\n\t(k)\tthe Occupational Safety and Health Act 1984 of Western Australia;\n\t(l)\tthe Rail Safety National Law (South Australia) Act 2012;\n\t(m)\tthe Road Traffic Act 1961;\n\t(n)\tthe Summary Offences Act 1953;\n\t(o)\tthe Training and Skills Development Act 2008;\n\t(p)\tthe Return to Work Act 2014;\n\t(q)\tthe Return to Work Corporation of South Australia Act 1994.\n703—Expiation notices\nAn inspector is authorised to give expiation notices for alleged offences against the Act or these regulations.\n704—Expiation of offences against Act\n\t(1)\tThe expiation fees specified in the following table are prescribed for alleged offences against the Act arising from an alleged contravention of the section specified opposite the fee:\n\nSection\nFee\n38(7)\nDuty to notify of notifiable incidents\n70(1)(c), (d) or (e)\nGeneral obligations of person conducting business or undertaking\n70(2)\nGeneral obligations of person conducting business or undertaking\n72(8)\nObligation to train health and safety representatives\n74(1)\nList of health and safety representatives\nIn the case of an individual—$240;\nIn the case of a body corporate—$1 200\n75(1)\nHealth and safety committees\n79(3)\nDuties of person conducting business or undertaking\n79(4)\nDuties of person conducting business or undertaking\n97(1)\nDisplay of provisional improvement notice\nCompliance with improvement notice\nPerson not to levy workers\n\t(2)\tAn offence against the Act for which an expiation fee is prescribed under subregulation (1) is declared to be an infringement offence for the purposes of the Act.\n705—Waiver of fees\nThe regulator may determine to refund, waive or reduce any fee prescribed for the purposes of the Act or these regulations.\n706—Registration of employers\n\t(1)\tFor the purposes of subclause (5)(a) of clause 2 of Schedule 5 of the Act, the following criteria are prescribed under subclause (6) of that clause:\n\t(a)\tthat the fee or fees paid by a particular person should reflect the aggregate remuneration paid to the person's employees in each class of industry in which the person employs employees (after applying the industry classification or classifications, and any other relevant principles, that apply in relation to the employer under the Return to Work Act 2014); and\n\t(b)\tthat the fee or fees paid by a person in a particular industry should reflect the risk of work-related injuries in that industry (by applying the industry premium rate that applies in relation to that industry under the Return to Work Act 2014).\n\t(2)\tThe criteria prescribed under subregulation (1) replace the criteria under subclause (6) of clause 2 of Schedule 5 of the Act.\n\t(3)\tFor the purposes of clause 2(10) of Schedule 5 of the Act, the periodical fee that applies under clause 2 of Schedule 5 of the Act is payable by an employer to RTWSA wherever the employer must make a payment of premium under section 144 of the Return to Work Act 2014 or must pay a fee under section 146 of that Act (and if a person fails to pay a fee, or the full amount of a fee, in accordance with this regulation then the unpaid amount will be taken to be unpaid premium or an unpaid fee (as the case requires) under Part 9 of the Return to Work Act 2014).\n\t(4)\tNo fee is payable in relation to an organisation that is the subject of an exemption under section 114 of the Fair Work Act 1994.\n\t(5)\tFor the purposes of clause 2(2) of Schedule 5 of the Act (and in addition to the persons who are exempt from the obligation to be registered as employers under the Return to Work Act 2014), the following persons are exempt from the obligation to be registered as employers under the Act:\n\t(a)\ta person carrying out work in relation to a mine to which the Mines and Works Inspection Act 1920 applies;\n\t(b)\ta person carrying out operations to which the Petroleum and Geothermal Energy Act 2000 or the Petroleum (Submerged Lands) Act 1982 apply.\n707—Prescription of fee\n\t(1)\tFor the purposes of clause 2 of Schedule 5 of the Act, the prescribed amount for the 2025/2026 financial year is $34 858 000.\n\t(2)\tThe prescribed percentage of the prescribed amount payable to the Department for the 2025/2026 financial year is 99.04%.\nPart 4—Transitional and saving provisions\n708—Interpretation\nIn this Part—\namusement structure has the same meaning as in the revoked regulations;\nDirector has the same meaning as in the repealed Act;\nrelevant day means the day on which this Part comes into operation;\nrepealed Act means the Occupational Health, Safety and Welfare Act 1986;\nrevoked regulations means the Occupational Health, Safety and Welfare Regulations 2010.\n709—Training for health and safety representatives (regulation 21)\n\t(1)\tSubject to subregulation (2), a person who has completed a course of training approved for the purposes of section 31A of the repealed Act will be taken to have completed initial training for the purposes of sections 85(6) and 90(4) of the Act.\n\t(2)\tSubregulation (1) will cease to apply on the first anniversary of the relevant day (and so a person within the ambit of that subregulation must attend a day's bridging training of a kind approved by the regulator for the purposes of this regulation before the first anniversary of the relevant day in order to exercise the powers under sections 85 and 90 after that anniversary).\n\t(3)\tIn the case of a person who, on the relevant day, is in his or her second or third year of a term of office as a health and safety representative, the day's bridging training envisaged by subregulation (2) will constitute an entitlement to a day's training that is additional to the days that apply as prescribed days under section 72 of the Act.\n710—Confined space entry permit (regulation 67)\n\t(1)\tAn entry permit in force under regulation 45 of the revoked regulations immediately before the relevant day will be taken to be a confined space entry permit issued for the purposes of regulation 67(1) of these regulations and will be taken, subject to subregulation (2), to comply with the requirements of that regulation.\n\t(2)\tIf a permit that is taken under subregulation (1) to be a confined space entry permit does not include space for an acknowledgement that work has been completed and that all persons have left the confined space as required under regulation 67(2)(d) of these regulations, the requirements of regulation 67(4)(b) will be satisfied if the competent person completes the acknowledgement on a separate piece of paper to be kept with the permit.\n711—Notice of demolition work (regulation 142)\nIf—\n\t(a)\tnotice of the proposed commencement of notifiable work has been given to the Director in accordance with the requirements of regulation 416 of the revoked regulations before the relevant day; and\n\t(b)\tthe notifiable work is to commence on or after the relevant day; and\n\t(c)\tthe notifiable work is proposed demolition work of a kind referred to in regulation 142(1) of these regulations,\nthe person who gave the notice will be taken to have given notice to the regulator of the proposed demolition work in accordance with regulation 142.\n712—Inspection and testing of electrical equipment (regulation 150)\nIf a person conducting a business or undertaking at a workplace has, before the relevant day, kept a record of regular inspection and testing of electrical plant in the workplace that has occurred in accordance with the requirements of regulation 55 of the revoked regulations, and the record satisfies the requirements of regulation 150(4) of these regulations, the record will be taken to be evidence that inspection and testing of the equipment occurred at the time specified in the record.\n713—Plant with presence-sensing safeguarding system—records (regulation 226)\nRegulation 226 of these regulations applies to and in relation to a record maintained by a person in accordance with the requirements of regulation 121 of the revoked regulations relating to a presence-sensing safeguarding system.\n714—Major inspection of registered mobile cranes and tower cranes (regulation 235)\nUntil 1 January 2014, a person who is, in the opinion of a person to whom regulation 235 applies, competent to carry out maintenance, inspection and testing of a mobile crane or tower crane will be taken to be a competent person within the meaning of that regulation.\n715—Records of plant (regulation 237)\nRegulation 237 of these regulations applies to and in relation to a record maintained by a person in accordance with the requirements of regulation 121 of the revoked regulations relating to plant of a kind that is required to be registered under Chapter 5 Part 3 of these regulations.\n716—Health monitoring records (regulation 444)\nRegulation 444 of these regulations applies to and in relation to a record made for the purposes of regulation 206 of the revoked regulations or regulation 4.2.8 of the Occupational Health, Safety and Welfare Regulations 1995 that relates to the health of a worker as if the record were a health monitoring report.\n717—Licensed asbestos removalist must keep training records (regulation 461)\nRegulation 461 of these regulations applies to and in relation to a record made for the purposes of regulation 206 of the revoked regulations or regulation 4.2.8 of the Occupational Health, Safety and Welfare Regulations 1995 that relates to training undertaken by a worker to ensure that he or she is aware of any risks involved in the performance of asbestos work and the precautions that should be taken to protect his or her health.\n718—Amusement structures—registration of design\n\t(1)\tA design of an amusement structure registered, or taken to have been registered, under the revoked regulations immediately before the relevant day will be taken to be registered under Chapter 5 Part 3 of these regulations.\n\t(a)\ta condition that applied immediately before the relevant day with respect to the registration will be taken to be a condition of registration under Chapter 5 Part 3 of these regulations;\n\t(b)\ta design registration number issued, or taken to have been issued, in respect of the registration under regulation 172 of the revoked regulations will be taken to have been issued under regulation 260 of these regulations;\n\t(c)\tthe instrument of registration for the design of the amusement structure under the revoked regulations will be taken to be a registration document issued by the regulator in relation to the design of the structure under regulation 261 of these regulations.\n\t(3)\tAn application for registration of a design of an amusement structure made under regulation 172 of the revoked regulations but not finally determined immediately before the relevant day is to be taken to be an application to the regulator for registration of a design of plant under Chapter 5 Part 3 of these regulations and is to be dealt with accordingly.\n\t(4)\tIf an application within the ambit of subregulation (3) satisfies the requirements of regulation 172 of the revoked regulations, the application will be taken to satisfy the requirements of Chapter 5 Part 3 of these regulations.\n719—Amusement structures—registration\n\t(1)\tAn amusement structure registered under the revoked regulations immediately before the relevant day will be taken to be registered under Chapter 5 Part 3 of these regulations.\n\t(a)\ta condition that applied immediately before the relevant day with respect to the registration will be taken to be a condition of registration under Chapter 5 Part 3 of these regulations;\n\t(b)\tthe registration will expire—\n\t(i)\tat the end of the period of registration specified by the Director in the instrument of registration under the revoked regulations; or\n\t(ii)\ton the first anniversary of the relevant day,\nwhichever occurs first;\n\t(c)\tthe instrument of registration for the amusement structure under the revoked regulations will be taken to be a registration document issued by the regulator in relation to the structure under regulation 274 of these regulations.\n\t(3)\tAn application for registration of an amusement structure made under regulation 173 of the revoked regulations but not finally determined immediately before the relevant day is to be taken to be an application to the regulator for registration of an item of plant under Chapter 5 Part 3 of these regulations and is to be dealt with accordingly.\n\t(4)\tIf an application within the ambit of subregulation (3) satisfies the requirements of regulation 173 of the revoked regulations, the application will be taken to satisfy the requirements of Chapter 5 Part 3 of these regulations.\n720—Plant—registration of design\n\t(1)\tA design of plant (other than an amusement structure) registered, or taken to have been registered, under the revoked regulations immediately before the relevant day will be taken to be registered under Chapter 5 Part 3 of these regulations.\n\t(a)\ta condition that applied immediately before the relevant day with respect to the registration will be taken to be a condition of registration under Chapter 5 Part 3 of these regulations;\n\t(b)\ta design registration number issued, or taken to have been issued, in respect of the registration under regulation 139 of the revoked regulations will be taken to have been issued under regulation 260 of these regulations;\n\t(c)\tthe instrument of registration for the design under the revoked regulations will be taken to be a registration document issued by the regulator in relation to the design of the item of plant under regulation 261 of these regulations.\n\t(3)\tDespite Chapter 5 Part 3 of these regulations, the design of concrete placing booms need not be registered unless the design was commenced on or after the first anniversary of the relevant day.\n\t(4)\tAn application for registration of a plant design made under regulation 139 of the revoked regulations but not finally determined immediately before the relevant day is to be taken to be an application to the regulator for registration of a design of plant under Chapter 5 Part 3 of these regulations and is to be dealt with accordingly.\n\t(5)\tIf an application within the ambit of subregulation (4) satisfies the requirements of regulation 139 of the revoked regulations, the application will be taken to satisfy the requirements of Chapter 5 Part 3 of these regulations.\n721—Plant—registration\n\t(1)\tAn item of plant (other than an amusement structure) registered under the revoked regulations immediately before the relevant day will be taken to be registered under Chapter 5 Part 3 of these regulations.\n\t(a)\ta condition that applied immediately before the relevant day with respect to the registration will be taken to be a condition of registration under Chapter 5 Part 3 of these regulations;\n\t(b)\tthe registration will expire on the day on which an annual fee payable under regulation 143 of the revoked regulations in relation to the plant would have first been payable after the relevant day if those regulations had not been revoked;\n\t(c)\ta plant registration number applying in relation to the plant immediately before the relevant day will be taken to have been issued under regulation 273 of these regulations;\n\t(d)\tthe instrument of registration for the item of plant under the revoked regulations will be taken to be a registration document issued by the regulator in relation to the item under regulation 274 of these regulations.\n\t(3)\tUntil the first anniversary of the relevant day, the requirement under Chapter 5 Part 3 of these regulations to register items of plant does not apply in relation to an item that—\n\t(a)\tfalls within the category 'concrete placement with delivery booms'; and\n\t(b)\twould not, if the revoked regulations were still in operation, be required to be registered under Part 3 Division 4 of those regulations.\n\t(4)\tAn application for registration of an item of plant made under regulation 140 of the revoked regulations but not finally determined immediately before the relevant day is to be taken to be an application to the regulator for registration of an item of plant under Chapter 5 Part 3 of these regulations and is to be dealt with accordingly.\n\t(5)\tIf an application within the ambit of subregulation (4) satisfies the requirements of regulation 140 of the revoked regulations, the application will be taken to satisfy the requirements of Chapter 5 Part 3 of these regulations.\n722—High risk work—accreditation of assessors\n\t(1)\tRegistration of a person as an assessor under regulation 412 of the revoked regulations immediately before the relevant day will be taken to be accreditation of the person to conduct assessments under regulation 115 of these regulations.\n\t(2)\tThe following provisions apply in relation to an accreditation within the ambit of subregulation (1):\n\t(a)\tChapter 4 Part 5 Division 2 of these regulations will apply, subject to this regulation, to and in relation to the accreditation;\n\t(b)\tany condition of the registration of the person in force under the revoked regulations immediately before the relevant day will be taken to be a condition imposed on the accreditation by the regulator;\n\t(c)\ta certificate of the registration will be taken to be an accreditation document issued to the person by the regulator under regulation 123 of these regulations;\n\t(d)\tthe accreditation will expire—\n\t(i)\tin the case of an accreditation of a person who was not required to pay a registration fee or an annual fee because he or she was registered as an assessor under a law of another State, a Territory or the Commonwealth that corresponds to the provisions of Part 7 Division 4 of the revoked regulations—when his or her registration as an assessor expires (whether under that other law or under another law under which the registration (however described) was continued); and\n\t(ii)\tin any other case—\n\t(A)\ton the day on which the annual fee in relation to the registration would have first become due and payable following the relevant day under regulation 412(14) of the revoked regulations; or\n\t(B)\t12 months from the relevant day,\nwhichever occurs first.\n\t(3)\tAn application for registration as an assessor made under regulation 412 of the revoked regulations but not finally determined immediately before the relevant day is to be taken to be an application to the regulator for accreditation as an assessor under Chapter 4 Part 5 of these regulations and is to be dealt with accordingly.\n\t(4)\tIf an application within the ambit of subregulation (3) satisfies the requirements of regulation 412 of the revoked regulations, the application will be taken to satisfy the requirements of Chapter 4 Part 5 of these regulations.\n723—Pipeline builder's duties (regulation 390)\nIf, before the day on which regulation 390 commences, a notice is given as required under regulation 55 of the Dangerous Substances Regulations 2002 of an intention to re-lay, renew or carry out repairs to a pipeline, the person who gave the notice will be taken to have complied with the requirements of regulation 390(2) of these regulations with respect to the activity to which the notice relates.\n724—Licence to carry out high risk work\n\t(1)\tThis regulation applies to a high risk work licence to carry out high risk work of a particular class in force for the purposes of Part 7 Division 4 of the revoked regulations immediately before the relevant day.\n\t(2)\tSubject to this regulation, a high risk work licence to which this regulation applies (the original licence) will be taken to be a high risk work licence for the class of high risk work under these regulations that corresponds to the class of high risk work authorised by the original licence.\n\t(3)\tSubject to this regulation, Chapter 4 Part 5 of these regulations applies to and in relation to a high risk work licence to which this regulation applies as if it were a high risk work licence issued by the regulator under that Part.\n\t(4)\tAny condition of the licence in force under the revoked regulations immediately before the relevant day will be taken to be a condition imposed on the licence by the regulator.\n\t(5)\tA high risk work licence to which this regulation applies will, unless cancelled earlier, expire 5 years after the day on which it was granted.\n\t(6)\tIf a person holds a high risk work licence to which this regulation applies for the 'Basic boiler operation' or 'Intermediate boiler operation' class of high risk work, the licence will be taken to be a high risk work licence for the 'Standard boiler operation' class of high risk work under these regulations.\n\t(7)\tIf a person holds a non-slewing mobile crane licence to which this regulation applies authorising the person to carry out work that, under these regulations, requires the person to hold a high risk work licence for the 'Reach stacker' class of high risk work, the licence will be taken, until the second anniversary of the relevant day, to be a high risk work licence for the 'Reach stacker' class of high risk work under these regulations.\n\t(8)\tA person may apply for, and may be granted, a high risk work licence for a class of high risk work to which this subregulation applies despite the fact that he or she has not completed the VET courses set out in Schedule 4 of these regulations in relation to the high risk work licence applied for if the person holds qualifications that would have enabled him or her to undertake high risk work of that class lawfully immediately before the relevant day (and regulations 86 and 87 of these regulations will apply as if the person had completed the relevant VET courses).\n\t(9)\tSubregulation (8) applies to the following classes of high risk work:\n\t(a)\tConcrete placing boom;\n\t(b)\tReciprocating steam engine;\n\t(c)\tAdvanced boiler operation;\n\t(d)\tStandard boiler operation;\n\t(e)\tReach stacker;\n\t(f)\tSteam turbine operation.\n\t(10)\tSubregulation (8) will cease to have effect on the second anniversary of the relevant day (but an application for a high risk work licence for a class of high risk work to which that subregulation applies made before that anniversary is to be dealt with as if the subregulation still had effect).\n\t(11)\tAn application for a licence made under regulation 387 of the revoked regulations but not finally determined immediately before the relevant day is to be taken to be an application to the regulator for the equivalent licence under Chapter 4 Part 5 of these regulations and is to be dealt with accordingly.\n\t(12)\tIf an application within the ambit of subregulation (11) satisfies the requirements of regulation 387 of the revoked regulations, the application will be taken to satisfy the requirements of Chapter 4 Part 5 of these regulations.\n\t(13)\tIf—\n\t(a)\ta person held a relevant certificate relating to high risk work that was in force immediately before the commencement of the revoked regulations; and\n\t(b)\tthe person was permitted under regulation 408 of the revoked regulations to continue to perform the work for which the certificate was granted until expiry of the certificate in accordance with Schedule 10 of the revoked regulations; and\n\t(c)\tthe certificate has not expired before the commencement of these regulations,\nthe person may continue to perform the work for which the certificate was granted (subject to any terms and conditions granted with the certificate) until the day on which the certificate would expire under that Schedule if the revoked regulations were still in operation.\n\t(14)\tIn subregulation (13)—\nrelevant certificate means—\n\t(a)\ta certificate of competency as defined in regulation 6.4.1 of the Occupational Health, Safety and Welfare Regulations 1995 as in force immediately before the commencement of the revoked regulations;\n\t(b)\tother evidence of competency.\n725—Asbestos removal licence\n\t(1)\tThis regulation applies to an asbestos removal licence issued, or taken to have been issued, by the Director under Part 5 Division 2 of the revoked regulations if the licence was in force immediately before the relevant day.\n\t(2)\tAn asbestos removal licence to which this regulation applies will be taken to have been granted under Chapter 8 Part 10 of these regulations.\n\t(3)\tAn asbestos removal licence to which this regulation applies that is limited to the removal of asbestos-cement (fibro) products or other non-friable asbestos containing material will be taken to be a Class B asbestos removal licence.\n\t(4)\tAn asbestos removal licence to which this regulation applies that is not limited will be taken to be a Class A asbestos removal licence.\n\t(5)\tSubject to this regulation, Chapter 8 Part 10 of these regulations applies to and in relation to an asbestos removal licence to which this regulation applies as if it were an asbestos removal licence issued by the regulator under that Part.\n\t(6)\tAn asbestos removal licence to which this regulation applies will, unless cancelled earlier, expire 2 years after the day on which it was granted.\n727—Asbestos assessors licence\n\t(1)\tA person who, immediately before the relevant day, was authorised to carry out work of a kind requiring the person to hold an asbestos assessor licence under these regulations is authorised to carry out work of that kind despite the fact he or she is not the holder of an asbestos assessor licence.\n\t(2)\tThis regulation will cease to have effect on the second anniversary of the relevant day.\n728—Asbestos removal supervisors and asbestos removal workers\n\t(1)\tDespite any other regulation, the regulator may, on application by a person, authorise the person to supervise or carry out licensed asbestos removal work despite the fact that the person does not hold certification in relation to the specified VET course relevant to the supervision of asbestos removal work or the class of licensed asbestos removal work to be carried out if the regulator is satisfied that the person has appropriate training and is competent to supervise or carry out the work.\n\t(2)\tAn application under subregulation (1) must be made in the manner and form required by the regulator.\n\t(3)\tThis regulation will cease to have effect on the second anniversary of the relevant day.\n729—Applicants for asbestos removal licences or asbestos assessor licences (regulation 491)\n\t(1)\tUntil the second anniversary of the relevant day, a person may apply for, and may be granted, a Class A asbestos removal licence or a Class B asbestos removal licence despite the fact that he or she has not completed the specified VET course for the supervision of asbestos removal work if the regulator is satisfied that the person has appropriate training and experience and is competent to supervise the work to which the licence relates.\n\t(2)\tUntil the second anniversary of the relevant day, a person may apply for, and may be granted, an asbestos assessor licence despite the fact that he or she has not completed the specified VET course for asbestos assessor work if the regulator is satisfied that the person has appropriate training and experience and is competent to carry out asbestos assessor work.\n\t(3)\tAn application for an asbestos removal licence made under regulation 202 of the revoked regulations but not finally determined immediately before the relevant day is to be taken to be an application to the regulator for the equivalent licence under Chapter 8 Part 10 of these regulations and is to be dealt with accordingly.\n\t(4)\tIf an application within the ambit of subregulation (3) satisfies the requirements of regulation 202 of the revoked regulations, the application will be taken to satisfy the requirements of Chapter 8 Part 10 of these regulations.\n730—Diving work\n\t(1)\tA person is taken to have the qualifications under regulation 171 in relation to general diving work if the person has—\n\t(a)\tundertaken harvesting or scientific diving work during 2012; and\n\t(b)\tcompleted at least 60 hours of harvesting or scientific work between 1 January 2011 and 31 December 2012 (both days inclusive).\n\t(2)\tIf subregulation (1) does not apply, a person is taken to have a qualification under regulation 171—\n\t(a)\tin relation to general diving work (other than harvesting or scientific work); and\n\t(b)\tuntil the end of 31 December 2013, in relation to harvesting or scientific work,\nif the person has—\n\t(c)\tundertaken general diving work (other than incidental diving work and limited scientific work) during 2012; and\n\t(d)\tcompleted at least 60 hours of general diving work (other than incidental diving work and limited scientific diving work) between 1 January 2011 and 31 December 2012 (both days inclusive).\n\t(3)\tIf subregulations (1) and (2) do not apply, a person is taken, until 31 December 2013, to have qualifications under regulation 171(a) in relation to general diving work if the person has—\n\t(a)\tundertaken general diving work (other than incidental diving work and limited scientific diving work) during 2012; and\n\t(b)\tcompleted at least 15 hours of general diving work (other than incidental diving work and limited scientific diving work) between 1 January 2011 and 31 December 2012 (both dates inclusive).\n\t(4)\tIf subregulations (1), (2) and (3) do not apply, and a person undertakes general diving work (other than incidental diving work and limited scientific diving work) between 1 January 2013 and 30 June 2013 (both dates inclusive), that person is taken to have a qualification under regulation 171(a) for 6 months from the date on which the person first undertakes general diving work (other than incidental diving work and limited scientific diving work) during that period.\nharvesting or scientific diving work means general diving work (other than incidental diving work and limited scientific diving work) that is carried out for the purposes of—\n\t(a)\ttaking fish, shellfish or other marine or aquatic life (whether for food or for other purposes); or\n\t(b)\tprofessional scientific research, natural resource management or scientific research as an educational activity.\n731—Duties of designers\n\t(1)\tSubject to this regulation, the duties imposed on a designer under regulation 59, 61 or 64, Division 2 of Chapter 5 Part 1, Division 2 of Chapter 5 Part 2 or regulation 295 of these regulations do not apply to or in relation to the designing of any plant, substance or structure (including with respect to the provision of any information) if the designer commenced (or commenced and completed) designing the plant, substance or structure before the relevant day.\n\t(a)\tsubregulation (1) applies in relation to a particular design; and\n\t(b)\tthe designer would, if the revoked regulations were still in operation, be subject to the operation of a provision of the revoked regulations imposing a duty that corresponds to a duty of a kind imposed under a provision referred to in subregulation (1),\n\t(c)\tthe designer must comply with the relevant requirements of those provisions as if the revoked regulations were still in operation; and\n\t(d)\tif the designer fails to comply with paragraph (c), then action may be brought against the designer (including by the undertaking of a prosecution) as if the revoked regulations were still in operation.\n\t(3)\tIf a designer commenced designing any plant, substance or structure before the relevant day but has not completed the design by the second anniversary of the relevant day, then the designer will, in relation to the design, cease to have the benefit of subregulation (1) and the designer must comply with the requirements of these regulations in relation to the duties of a designer (as if these regulations had been in operation at the time that the designer commenced designing).\n732—Duties of manufacturers\n\t(1)\tSubject to this regulation, the duties imposed on a manufacturer under regulation 59, 61, 64, Division 3 of Chapter 5 Part 1 or regulation 231 of these regulations do not apply to or in relation to the manufacture of any plant, substance or structure (including with respect to the provision of any information) if the manufacturer commenced (or commenced and completed) any process associated with the manufacturing of the plant, substance or structure before the relevant day.\n\t(a)\tsubregulation (1) applies in relation to the manufacture of any particular plant, substance or structure; and\n\t(b)\tthe manufacturer would, if the revoked regulations were still in operation, be subject to the operation of a provision of the revoked regulations imposing a duty that corresponds to a duty of a kind imposed under a provision referred to in subregulation (1),\n\t(c)\tthe manufacturer must comply with the relevant requirements of those provisions as if the revoked regulations were in operation; and\n\t(d)\tif the manufacturer fails to comply with paragraph (c), then action may be brought against the manufacturer (including by the undertaking of a prosecution) as if the revoked regulations were still in operation.\n\t(3)\tIf a manufacturer commenced any process associated with the manufacturing of any plant, substance or structure before the relevant day but has not completed the manufacturing by the first anniversary of the relevant day, then the manufacturer will, in relation to the manufacture of the plant, substance or structure, cease to have the benefit of subregulation (1) and the manufacturer must comply with the requirements of these regulations in relation to the duties of a manufacturer (as if these regulations had been in operation at the time that the manufacturer commenced this process).\n733—Duties of importers\n\t(1)\tSubject to this regulation, the duties imposed on an importer under regulation 59, 61, 64, Division 4 of Chapter 5 Part 1 or regulation 232 of these regulations do not apply to or in relation to the importing of any plant, substance or structure (including with respect to carrying out any calculations, analysis, testing or examination or with respect to the provision of any information) if the importer commenced (or commenced and completed) any steps constituting the importation of the plant, substance or structure before the relevant day.\n\t(a)\tsubregulation (1) applies in relation to the importing of any particular plant, substance or structure; and\n\t(b)\tthe importer would, if the revoked regulations were still in operation, be subject to the operation of a provision of the revoked regulations imposing a duty that corresponds to a duty of a kind imposed under a provision referred to in subregulation (1),\n\t(c)\tthe importer must comply with the relevant requirements of those provisions as if the revoked regulations were in operation; and\n\t(d)\tif the importer fails to comply with paragraph (c), then action may be brought against the importer (including by the undertaking of a prosecution) as if the revoked regulations were still in operation.\n\t(3)\tIf an importer commenced any process associated with the importing of any plant, substance or structure before the relevant day but has not completed the importing by the first anniversary of the relevant day, then the importer will, in relation to the importing of the plant, substance or structure, cease to have the benefit of subregulation (1) and the importer must comply with the requirements of these regulations in relation to the duties of an importer (as if these regulations had been in operation at the time that the importer commenced this process).\n734—Duties of suppliers\n\t(1)\tSubject to this regulation, the duties imposed on a supplier under regulation 59, 61, 64, Division 5 of Chapter 5 Part 1 or 233 of these regulations do not apply to or in relation to the supply of any plant, substance or structure (including with respect to the provision of any information) if the supplier commenced (or commenced and completed) any process associated with the supply of the plant, substance or structure before the relevant day.\n\t(a)\tsubregulation (1) applies in relation to the supply of any particular plant, substance or structure; and\n\t(b)\tthe importer would, if the revoked regulations were still in operation, be subject to the operation of a provision of the revoked regulations imposing a duty that corresponds to a duty of a kind imposed under a provision referred to in subregulation (1),\n\t(c)\tthe supplier must comply with the relevant requirement of those provisions as if the revoked regulations were in operation; and\n\t(d)\tif the supplier fails to comply with paragraph (c), then action may be brought against the supplier (including by the undertaking of a prosecution) as if the revoked regulations were still in operation.\n\t(3)\tIf a supplier commenced any process associated with the supply of any plant, substance or structure before the relevant day but has not completed the supplying by the first anniversary of the relevant day, then the supplier will, in relation to the supply of the plant, substance or structure, cease to have the benefit of subregulation (1) and the supplier must comply with the requirements of these regulations in relation to the duties of a supplier (as if these regulations had been in operation at the time that the supplier commenced this process).\n735—Duties of persons who install, construct or commission plant or structures\n\t(1)\tIn this regulation—\ndesignated person means a person who conducts a business or undertaking that installs, constructs or commissions plant or a structure.\n\t(a)\tclause 17(2) of Schedule 6 of the Act applies in relation to the installation, construction or commissioning of any plant or structure; and\n\t(b)\ta designated person would be subject to the operation of section 24 of the repealed Act if that section were still in operation,\n\t(c)\tthe designated person must comply with the relevant requirements of that section as if the repealed Act were still in operation; and\n\t(d)\tif the designated person fails to comply with paragraph (c), action may be brought against the designated person (including by the undertaking of a prosecution) as if the repealed Act were still in operation.\n\t(3)\tSubject to this regulation, the duties imposed on a designated person under Division 6 of Chapter 5 Part 1, regulation 234, 294 or 296 of these regulations do not apply to or in relation to the installation, construction or commissioning of any plant or structure if the designated person commenced (or commenced and completed) any process associated with the installation, construction or commissioning of the plant or structure before the relevant day.\n\t(4)\tIf—\n\t(a)\tsubregulation (3) applies in relation to the installation, construction or commissioning of any particular plant or structure; and\n\t(b)\tthe designated person would, if the revoked regulations were still in operation, be subject to the operation of a provision of the revoked regulations imposing a duty that corresponds to a duty of a kind imposed under a provision referred to in subregulation (3),\n\t(c)\tthe designated person must comply with the relevant requirement of those provisions as if the revoked regulations were in operation; and\n\t(d)\tif the designated person fails to comply with paragraph (c), then action may be brought against the person (including by the undertaking of a prosecution) as if the revoked regulations were still in operation.\n\t(5)\tIf a designated person commenced any process associated with the installation, construction or commissioning of any plant or structure before the relevant day but had not completed the installation, construction or commissioning by the second anniversary of the relevant day, then the designated person will, in relation to the installation, construction or commissioning of the plant or structure, cease to have the benefit of subregulation (3) and the designated person must comply with the requirements of these regulations in relation to the duties of a designated person (as if these regulations had been in operation at the time that the designated person commenced this process).\n736—Classification and labelling under GHS\nUntil 31 December 2016, if a provision of these regulations imposes an obligation or duty on a person to classify or label a hazardous chemical under or in accordance with the GHS, the person will be taken to have complied with the obligation or duty if he or she classifies or labels the chemical under or in accordance with—\n\t(a)\tthe ADG Code; or\n\t(b)\t—\n\t(i)\tthe Approved Criteria for Classifying Hazardous Substances [NOHSC:1008 (2004)]; and\n\t(ii)\tthe Labelling of Workplace Hazardous Chemicals Code of Practice published by Safe Work Australia in December 2011.\n737—Roll-over protection on tractors (regulation 216)\nA person with the management or control of a tractor manufactured, imported or originally purchased before 1 January 1981 is not required to comply with regulation 216 of these regulations in relation to the tractor until 1 January 2016.\n738—Existing use, handling or storing of prohibited or restricted carcinogens (regulations 380 and 381)\n\t(1)\tThis regulation applies if on the relevant day a person conducting a business or undertaking at a workplace is using, handling or storing—\n\t(a)\ta prohibited carcinogen to which regulation 380 applies (the relevant regulation); or\n\t(b)\ta restricted carcinogen to which regulation 381 applies (also the relevant regulation).\n\t(2)\tSubregulation (3) applies to the person if the person makes an application (a transitional application) to the regulator under regulation 383 for an authorisation for use, handling or storage within 12 months after the relevant day.\n\t(3)\tThe relevant regulation does not apply to the person until—\n\t(a)\tthe transitional application is granted; or\n\t(b)\tthe transitional application is refused and any review or appeal in relation to the decision to refuse the application has ended.\n739—Codes of practice (repealed Act)\n\t(1)\tThe following approved codes of practice in force under section 63 of the repealed Act immediately before the relevant day are brought within the ambit of the definition of prescribed code of practice for the purposes of Schedule 6 Part 9 clause 23 of the Act:\n\t(a)\tApproved Code of Practice for Working Hours;\n\t(b)\tNational Code of Practice for Precast, Tilt Up and Concrete Elements in Building Construction;\n\t(c)\tApproved Code of Practice for Tuna Farm Diving;\n\t(d)\tAS/NZS 1200: Pressure equipment;\n\t(e)\tAS 4024.3001: Safety of machinery—Materials forming and shearing—Mechanical power presses;\n\t(f)\tAS 4024.3002: Safety of machinery—Materials forming and shearing—Hydrologic power presses;\n\t(g)\tAS 1418: Cranes, including hoists and winches;\n\t(h)\tAS/NZS 1576: Scaffolding (Parts 1 - 4);\n\t(i)\tAS 1735: Lifts, escalators and moving walks;\n\t(j)\tAS 1755: Conveyers—Safety requirements;\n\t(k)\tAS 3533: Amusement rides and devices;\n\t(l)\tAS 2030: Gas cylinders;\n\t(m)\tAS 2550: Cranes, hoists and winches—Safe use;\n\t(n)\tAS 2593: Boilers—Safety management and supervision systems;\n\t(o)\tAS/NZS 3788: Pressure equipment—In-service inspection.\n\t(2)\tAny other approved code of practice in force under section 63 of the repealed Act immediately before the relevant day is revoked.\n740—Codes of practice (new scheme)\nA code of practice approved by the Minister for the purposes of the Act that is specified to come into operation on 1 January 2013 (being the day on which the Act comes into operation)—\n\t(a)\twill be taken to have been approved on the recommendation of the Advisory Council if it has been the subject of a recommendation of the Advisory Committee under the repealed Act; and\n\t(b)\twill be taken not to be subject to the requirement that applies under section 274(3) of the Act before it can take effect for the purposes of the Act.\n741—Consultants\nA person who, immediately before the relevant day, holds a current approval under section 32(3)(a) of the repealed Act will be taken to hold an approval under section 68(4)(c) of the Act.\nPart 5—Transitional and saving provisions associated with Work Health and Safety (Engineered Stone) Amendment Regulations 2024\n742—Particular work involving engineered stone—exception if carried out before 1 July 2024\nRegulation 529D does not apply to work that involves engineered stone benchtops, panels or slabs if—\n\t(a)\tthe work is carried out before 1 July 2024; and\n\t(b)\tfor work that involves processing the stone—the work is controlled.\n743—Particular work involving engineered stone—exception if carried out under pre-2024 contract\n\t(1)\tRegulation 529D does not apply to work that involves installing engineered stone benchtops, panels or slabs if the work is carried out—\n\t(a)\tunder a contract originally entered into on or before 31 December 2023; and\n\t(b)\ton or before 31 December 2024.\n\t(2)\tRegulation 529D does not apply to work if—\n\t(a)\tthe work involves supplying or processing engineered stone benchtops, panels or slabs to be installed under a contract referred to in subregulation (1)(a); and\n\t(b)\tthe work occurs on or before 31 December 2024; and\n\t(c)\tfor work that involves processing the engineered stone—the processing is controlled.\n744—Application of Chapter 8A Part 3 to processing of engineered stone carried out before 1 July 2024\n\t(1)\tRegulation 529G(2) does not apply to a person conducting a business or undertaking carrying out, or directing or allowing a worker to carry out, work to which regulation 529G(1) applies if the work is carried out before 1 July 2024 and—\n\t(a)\tthe work is no longer being carried out on or after 1 July 2024; or\n\t(b)\tthe work is being carried out on or after 1 July 2024 and the person gives the regulator a written notice described in regulation 529G(2) in relation to the work—\n\t(i)\ton or before 1 July 2024; or\n\t(ii)\tas soon as practicable after 1 July 2024.\n\t(2)\tA notice given under subregulation (1)(b) is taken, for the purposes of Chapter 8A Part 3, to be a notice given under regulation 529G(2).\n","sortOrder":31},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Fees","content":"Schedule 2—Fees\nFees to be paid under these regulations are prescribed in a fee notice made in accordance with the Legislation (Fees) Act 2019.\n","sortOrder":32},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"High risk work licences and classes of high risk work","content":"Schedule 3—High risk work licences and classes of high risk work\nRegulation 81\n1—Boom-type elevating work platform\nFor the purposes of table 3.1 item 21, the length of a boom is the greater of the following:\n\t(a)\tthe vertical distance from the surface supporting the boom‑type elevating work platform to the floor of the platform, with the platform extended to its maximum height;\n\t(b)\tthe horizontal distance from the centre point of the boom's rotation to the outer edge of the platform, with the platform extended to its maximum distance.\n\nTable 3.1\nItem\nHigh risk work licence\nDescription of class of high risk work\nScaffolding work\n\t1\tBasic scaffolding\nScaffolding work involving any of the following:\n\n\t(a)\tmodular or pre‑fabricated scaffolds;\n\n\t(b)\tcantilevered materials hoists with a maximum working load of 500 kilograms;\n\n\t(c)\tropes;\n\n\t(d)\tgin wheels;\n\n\t(e)\tsafety nets and static lines;\n\n\t(f)\tbracket scaffolds (tank and formwork),\n\nbut excluding scaffolding work involving equipment, loads or tasks listed in item 2(2)(a) to (g) and item 3(2)(a) to (c)\n\t2\tIntermediate scaffolding\n\t(1)\tScaffolding work included in the class of Basic scaffolding; and\n\n\t(2)\tScaffolding work involving any of the following:\n\n\t(a)\tcantilevered crane loading platforms;\n\n\t(b)\tcantilevered scaffolds;\n\n\t(c)\tspur scaffolds;\n\n\t(d)\tbarrow ramps and sloping platforms;\n\n\t(e)\tscaffolding associated with perimeter safety screens and shutters;\n\n\t(f)\tmast climbing work platforms;\n\n\t(g)\ttube and coupler scaffolds (including tube and coupler covered ways and gantries),\n\nbut excluding scaffolding work involving equipment, loads or tasks listed in item 3(2)(a) to (c)\n","sortOrder":33},{"sectionNumber":"3","sectionType":"section","heading":"Advanced scaffolding","content":"\t3\tAdvanced scaffolding\n\t(1)\tScaffolding work included in the class of Intermediate scaffolding; and\n\n\t(2)\tScaffolding work involving any of the following:\n\n\t(a)\tcantilevered hoists;\n\n\t(b)\thung scaffolds, including scaffolds hung from tubes, wire ropes or chains;\n\n\t(c)\tsuspended scaffolds\nDogging and rigging work\n","sortOrder":34},{"sectionNumber":"4","sectionType":"section","heading":"Dogging","content":"\t4\tDogging\nDogging work\n","sortOrder":35},{"sectionNumber":"5","sectionType":"section","heading":"Basic rigging","content":"\t5\tBasic rigging\n\t(1)\tDogging work\n\n\t(2)\tRigging work involving any of the following:\n\n\t(a)\tstructural steel erection;\n\n\t(b)\thoists;\n\n\t(c)\tpre-cast concrete members of a structure;\n\n\t(d)\tsafety nets and static lines;\n\n\t(e)\tmast climbing work platforms;\n\n\t(f)\tperimeter safety screens and shutters;\n\n\t(g)\tcantilevered crane loading platforms,\n\nbut excluding rigging work involving equipment, loads or tasks listed in item 6(b) to (f) and item 7(b) to (e)\n","sortOrder":36},{"sectionNumber":"6","sectionType":"section","heading":"Intermediate rigging","content":"\t6\tIntermediate rigging\nRigging work involving any of the following:\n\n\t(a)\trigging work in the class Basic Rigging;\n\n\t(b)\thoists with jibs and self‑climbing hoists;\n\n\t(c)\tcranes, conveyors, dredges and excavators;\n\n\t(d)\ttilt slabs;\n\n\t(e)\tdemolition of structures or plant;\n\n\t(f)\tdual lifts,\n\nbut excluding rigging work involving equipment listed in item 7(b) to (e)\n","sortOrder":37},{"sectionNumber":"7","sectionType":"section","heading":"Advanced rigging","content":"\t7\tAdvanced rigging\nRigging work involving any of the following:\n\n\t(a)\trigging work in the class Intermediate Rigging;\n\n\t(b)\tgin poles and shear legs;\n\n\t(c)\tflying foxes and cable ways;\n\n\t(d)\tguyed derricks and structures;\n\n\t(e)\tsuspended scaffolds and fabricated hung scaffolds\nCrane and hoist operation\n\t8\tTower crane\nUse of a tower crane\n\t9\tSelf‑erecting tower crane\nUse of a self-erecting tower crane\n\t10\tDerrick crane\nUse of a derrick crane\n\t11\tPortal boom crane\nUse of a portal boom crane\n\t12\tBridge and gantry crane\nUse of a bridge crane or gantry crane that is—\n\n\t(a)\tcontrolled from a permanent cabin or control station on the crane; or\n\n\t(b)\tremotely controlled and having more than 3 powered operations,\n\nincluding the application of load estimation and slinging techniques to move a load\n\t13\tVehicle loading crane\nUse of a vehicle loading crane with a capacity of 10 metre tonnes or more, including the application of load estimation and slinging techniques to move a load\n\t14\tNon-slewing mobile crane\nUse of a non-slewing mobile crane with a capacity exceeding 3 tonnes\n\t15\tSlewing mobile crane—with a capacity up to 20 tonnes\nUse of a slewing mobile crane with a capacity of 20 tonnes or less\n\nUse of a vehicle loading crane with a capacity of 10 metre tonnes or more, excluding the application of load estimation and slinging techniques to move a load\n\n","sortOrder":38},{"sectionNumber":"16","sectionType":"section","heading":"Slewing mobile crane—with a capacity up to 60 tonnes","content":"\t16\tSlewing mobile crane—with a capacity up to 60 tonnes\nUse of a slewing mobile crane with a capacity of 60 tonnes or less\n\nUse of a vehicle loading crane with a capacity of 10 metre tonnes or more, excluding the application of load estimation and slinging techniques to move a load\n\n","sortOrder":39},{"sectionNumber":"17","sectionType":"section","heading":"Slewing mobile crane—with a capacity up to 100 tonnes","content":"\t17\tSlewing mobile crane—with a capacity up to 100 tonnes\nUse of a slewing mobile crane with a capacity of 100 tonnes or less\n\nUse of a vehicle loading crane with a capacity of 10 metre tonnes or more, excluding the application of load estimation and slinging techniques to move a load\n\n","sortOrder":40},{"sectionNumber":"18","sectionType":"section","heading":"Slewing mobile crane—with a capacity over 100 tonnes","content":"\t18\tSlewing mobile crane—with a capacity over 100 tonnes\nUse of a slewing mobile crane with a capacity exceeding 100 tonnes\n\nUse of a vehicle loading crane with a capacity of 10 metre tonnes or more, excluding the application of load estimation and slinging techniques to move a load\n\n","sortOrder":41},{"sectionNumber":"19","sectionType":"section","heading":"Materials hoist","content":"\t19\tMaterials hoist\nUse of a materials hoist\n","sortOrder":42},{"sectionNumber":"20","sectionType":"section","heading":"Personnel and materials hoist","content":"\t20\tPersonnel and materials hoist\nUse of a personnel and materials hoist\n\nUse of a materials hoist\n","sortOrder":43},{"sectionNumber":"21","sectionType":"section","heading":"Boom-type elevating work platform","content":"\t21\tBoom-type elevating work platform\nUse of a boom-type elevating work platform where the length of the boom is 11 metres or more\n","sortOrder":44},{"sectionNumber":"22","sectionType":"section","heading":"Concrete placing boom","content":"\t22\tConcrete placing boom\nUse of a concrete placing boom\nReach stackers\n","sortOrder":45},{"sectionNumber":"23","sectionType":"section","heading":"Reach stacker","content":"\t23\tReach stacker\nOperation of a reach stacker of greater than 3 tonnes capacity that incorporates an attachment for lifting, moving and travelling with a shipping container, but does not include a portainer crane\nForklift operation\n","sortOrder":46},{"sectionNumber":"24","sectionType":"section","heading":"Forklift truck","content":"\t24\tForklift truck\nUse of a forklift truck other than an order‑picking forklift truck\n","sortOrder":47},{"sectionNumber":"25","sectionType":"section","heading":"Order-picking forklift truck","content":"\t25\tOrder-picking forklift truck\nUse of an order-picking forklift truck\nPressure equipment operation\n","sortOrder":48},{"sectionNumber":"26","sectionType":"section","heading":"Standard boiler operation","content":"\t26\tStandard boiler operation\nOperation of a boiler with a single fuel source that does not have a pre‑heater, superheater or economiser attached\n","sortOrder":49},{"sectionNumber":"27","sectionType":"section","heading":"Advanced boiler operation","content":"\t27\tAdvanced boiler operation\nOperation of a boiler, including a standard boiler, which may have one or more of the following:\n\n\t(a)\tmultiple fuel sources;\n\n\t(b)\tpre-heater;\n\n\t(c)\tsuperheater;\n\n\t(d)\teconomiser\n","sortOrder":50},{"sectionNumber":"28","sectionType":"section","heading":"Steam turbine operation","content":"\t28\tSteam turbine operation\nOperation of a steam turbine that has an output of 500 kilowatts or more and—\n\n\t(a)\tis multi-wheeled; or\n\n\t(b)\tis capable of a speed greater than 3 600 revolutions per minute; or\n\n\t(c)\thas attached condensers; or\n\n\t(d)\thas a multi-staged heat exchange extraction process\n","sortOrder":51},{"sectionNumber":"29","sectionType":"section","heading":"Reciprocating steam engine","content":"\t29\tReciprocating steam engine\nOperation of a reciprocating steam engine where the diameter of any piston exceeds 250 millimetres\n","sortOrder":52},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"High risk work licences—competency requirements","content":"Schedule 4—High risk work licences—competency requirements\nRegulation 81\nThis Schedule sets out the qualifications for high risk work licences.\n\nTable 4.1\nItem\nLicence class\nVET course\nBasic scaffolding\nLicence to erect, alter and dismantle scaffolding basic level\nIntermediate scaffolding\nLicence to erect, alter and dismantle scaffolding basic level; and\n\nLicence to erect, alter and dismantle scaffolding intermediate level\nAdvanced scaffolding\nLicence to erect, alter and dismantle scaffolding basic level; and\n\nLicence to erect, alter and dismantle scaffolding intermediate level; and\n\nLicence to erect, alter and dismantle scaffolding advanced level\nDogging\nLicence to perform dogging\nBasic rigging\n\nLicence to perform rigging basic level\nIntermediate rigging\n\nLicence to perform rigging basic level; and\n\nLicence to perform rigging intermediate level\nAdvanced rigging\n\nLicence to perform rigging basic level; and\n\nLicence to perform rigging intermediate level; and\n\nLicence to perform rigging advanced level\nTower crane\nLicence to operate a tower crane\nSelf-erecting tower crane\nLicence to operate a self‑erecting tower crane\nDerrick crane\nLicence to operate a derrick crane\nPortal boom crane\nLicence to operate a portal boom crane\nBridge and gantry crane\nLicence to operate a bridge and gantry crane\nVehicle loading crane\nLicence to operate a vehicle loading crane (capacity 10 metre tonnes and above)\nNon-slewing mobile crane\nLicence to operate a non‑slewing mobile crane (greater than 3 tonnes capacity)\nSlewing mobile crane—with a capacity up to 20 tonnes\nLicence to operate a slewing mobile crane (up to 20 tonnes)\nSlewing mobile crane—with a capacity up to 60 tonnes\nLicence to operate a slewing mobile crane (up to 60 tonnes)\nSlewing mobile crane—with a capacity up to 100 tonnes\nLicence to operate a slewing mobile crane (up to 100 tonnes)\nSlewing mobile crane—with a capacity over 100 tonnes\nLicence to operate a slewing mobile crane (over 100 tonnes)\nMaterials hoist\nLicence to operate a materials hoist\nPersonnel and materials hoist\nLicence to operate a personnel and materials hoist\nBoom-type elevating work platform\nLicence to operate a boom‑type elevating work platform (boom length 11 metres or more)\nConcrete placing boom\nLicence to operate a concrete placing boom\nReach stacker\nLicence to operate a reach stacker of greater than 3 tonnes capacity\nForklift truck\nLicence to operate a forklift truck\nOrder-picking forklift truck\nLicence to operate an order‑picking forklift truck\nStandard boiler operation\nLicence to operate a standard boiler\nAdvanced boiler operation\nLicence to operate a standard boiler; and\n\nLicence to operate an advanced boiler\nSteam turbine operation\nLicence to operate a steam turbine\nReciprocating steam engine operation\nLicence to operate a reciprocating steam engine\n","sortOrder":53},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Registration of plant and plant designs","content":"Schedule 5—Registration of plant and plant designs\nRegulations 243 and 246\nPart 1—Plant requiring registration of design\n1—Items of plant requiring registration of design\n\n1.1\nPressure equipment, other than pressure piping, and categorised as hazard level A, B, C or D according to the criteria in Section 2.1 of AS 4343: 2014 (Pressure equipment—Hazard levels).\n1.2\nGas cylinders covered by Section 1 of AS 2030.1: 2009 (Gas cylinders—General Requirements).\n1.3\nTower cranes including self‑erecting tower cranes.\n1.4\nLifts, including escalators and moving walkways.\n1.5\nBuilding maintenance units.\n1.6\nHoists with a platform movement exceeding 2.4 metres, designed to lift people.\n1.7\nWork boxes designed to be suspended from cranes.\n1.8\nAmusement devices classified by Section 2.1 of AS 3533.1: 2009  (Amusement rides and devices—Design and construction), except devices specified in clause 2(2).\n1.8A\nPassenger ropeways.\n1.9\nConcrete placing booms.\n1.10\nPrefabricated scaffolding.\n1.11\nBoom-type elevating work platforms.\n1.12\nGantry cranes with a safe working load greater than 5 tonnes or bridge cranes with a safe working load of greater than 10 tonnes, and any gantry crane or bridge crane which is designed to handle molten metal or Schedule 10 hazardous chemicals.\n1.13\nVehicle hoists.\n1.14\nMast climbing work platforms.\n1.15\nMobile cranes with a rated capacity of greater than 10 tonnes.\n2—Exceptions\n\t(1)\tThe items of plant listed in clause 1 do not include—\n\t(a)\ta heritage boiler; or\n\t(ab)\tany pressure equipment (other than a gas cylinder) excluded from the scope of AS/NZS 1200:2015 (Pressure equipment); or\nSee paragraph A3 of Appendix A to AS/NZS 1200:2015. \n\t(b)\ta crane or hoist that is manually powered; or\n\t(ba)\ta reach stacker; or\n\t(c)\tan elevating work platform that is a scissor lift or a vertically moving platform; or\n\t(d)\ta tow truck.\n\t(2)\tThe following devices are excluded from clause 1.8:\n\t(a)\tclass 1 devices (as so classified under AS 3533.1: 2009, Section 2.1);\n\t(b)\tplayground devices;\n\t(c)\twater slides where water facilitates patrons to slide easily, predominantly under gravity, along a static structure;\n\t(d)\twave generators where patrons do not come into contact with the parts of machinery used for generating water waves;\n\t(e)\tinflatable devices, other than inflatable devices (continuously blown) with a platform height of 3 metres or more.\nPart 2—Items of plant requiring registration\n3—Items of plant requiring registration\n\n3.1\nBoilers categorised as hazard level A, B or C according to criteria in Section 2.1 of AS 4343: 2014 (Pressure equipment—Hazard levels).\n3.2\nPressure vessels categorised as hazard level A, B or C according to the criteria in Section 2.1 of AS 4343: 2014 (Pressure equipment—Hazard levels), except—\n\n\t(a)\tgas cylinders; and\n\n\t(b)\tLP Gas fuel vessels for automotive use; and\n\n\t(c)\tserially produced vessels.\n3.3\nTower cranes including self-erecting tower cranes.\n3.4\nLifts, including escalators and moving walkways.\n3.5\nBuilding maintenance units.\n3.6\nAmusement devices classified by Section 2.1 of AS 3533.1: 2009  (Amusement rides and devices—Design and construction), except devices specified in clause 4(2).\n3.7\nConcrete placing booms.\n3.8\nMobile cranes with a rated capacity of greater than 10 tonnes.\n4—Exceptions\n\t(1)\tThe items of plant listed in clause 3 do not include—\n\t(a)\tany pressure equipment (other than a gas cylinder) excluded from the scope of AS/NZS 1200:2015 (Pressure equipment); or\nSee paragraph A3 of Appendix A to AS/NZS 1200:2015. \n\t(b)\ta crane or hoist that is manually powered; or\n\t(c)\ta reach stacker.\n\t(2)\tThe following devices are excluded from clause 3.6:\n\t(a)\tclass 1 devices;\n\t(b)\tplayground devices;\n\t(c)\twater slides where water facilitates patrons to slide easily, predominantly under gravity, along a static structure;\n\t(d)\twave generators where patrons do not come into contact with the parts of machinery used for generating water waves;\n\t(e)\tinflatable devices, other than inflatable devices (continuously blown) with a platform height of 3 metres or more.\n","sortOrder":54},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"Classification of mixtures","content":"Schedule 6—Classification of mixtures\nThe tables in this Schedule replace some of the tables in the GHS.\nSee the definition of GHS in regulation 5.\nTable 6.1—Classification of mixtures containing respiratory or skin sensitisers\nCut-off values/concentration limits of ingredients of a mixture classified as either a respiratory sensitiser or a skin sensitiser that would trigger classification of the mixture.\n\nItem\n\nSkin sensitiser\nRespiratory sensitiser\n\nAll physical states\nSolid/liquid\nGas\nSkin sensitiser Category 1\n\nSkin sensitiser Sub‑category 1A\n\nSkin sensitiser Sub‑category 1B\n\nRespiratory sensitiser Category 1\n\n≥ 0.2%\nRespiratory sensitiser Sub‑category 1A\n\nRespiratory sensitiser Sub‑category 1B\n\n≥ 0.2%\nTable 6.1 replaces table 3.4.5 in—\n\t(a)\tthe GHS, p 159; and\n\t(b)\tGHS 3, p 151.\nTable 6.2—Classification of mixtures containing carcinogens\nCut-off values/concentration limits of ingredients of a mixture classified as a carcinogen that would trigger classification of the mixture.\n\nItem\n\nCategory 1 carcinogen\nCategory 2 carcinogen\nCategory 1 carcinogen\n\nCategory 2 carcinogen\n\n1\tThe concentration limits in table 6.2 apply to solids and liquids (w/w units) and gases (v/v units).\n2\tTable 6.2 replaces table 3.6.1 in—\n\t(a)\tthe GHS, p 174; and\n\t(b)\tGHS 3, p 166.\nTable 6.3—Classification of mixtures containing reproductive toxicants\nCut-off values/concentration limits of ingredients of a mixture classified as a reproductive toxicant or for effects on or via lactation that would trigger classification of the mixture.\n\nItem\n\nCategory 1 reproductive toxicant\nCategory 2 reproductive toxicant\nCategory 1 reproductive toxicant\n≥ 0.3%\n\nCategory 2 reproductive toxicant\n\n≥ 3.0%\n\n≥ 0.3%\n1\tThe concentration limits in table 6.3 apply to solids and liquids (w/w units) and gases (v/v units).\n2\tTable 6.3 replaces table 3.7.1 in—\n\t(a)\tthe GHS, p 187; and\n\t(b)\tGHS 3, p 180.\nTable 6.4—Classification of mixtures containing specific target organ toxicants (single exposure)\nCut-off values/concentration limits of ingredients of a mixture classified as a specific target organ toxicant that would trigger classification of the mixture.\n\nItem\n\nCategory 1 specific target organ toxicant\n1.0% ≤ concentration < 10%\nCategory 2 specific target organ toxicant\n\n1\tThe concentration limits in table 6.4 apply to solids and liquids (w/w units) and gases (v/v units).\n2\tTable 6.4 replaces table 3.8.2 in—\n\t(a)\tthe GHS, p 197; and\n\t(b)\tGHS 3, p 192.\nTable 6.5—Classification of mixtures containing specific target organ toxicants (repeated exposure)\nCut-off values/concentration limits of ingredients of a mixture classified as a specific target organ toxicant that would trigger classification of the mixture.\n\nItem\n\nCategory 1 specific target organ toxicant\n1.0% ≤ concentration < 10%\nCategory 2 specific target organ toxicant\n\n1\tThe concentration limits in table 6.5 apply to solids and liquids (w/w units) and gases (v/v units).\n2\tTable 6.5 replaces table 3.9.3 in—\n\t(a)\tthe GHS, p 207; and\n\t(b)\tGHS 3, p 203.\n","sortOrder":55},{"sectionNumber":"Sch 7","sectionType":"schedule","heading":"Safety data sheets","content":"Schedule 7—Safety data sheets\nRegulations 330 and 331\n1—Safety data sheets—content\n\t(1)\tA safety data sheet for a hazardous chemical must—\n\t(a)\tcontain unit measures expressed in Australian legal units of measurement under the National Measurement Act 1960 of the Commonwealth; and\n\t(b)\tstate the date it was last reviewed or, if it has not been reviewed, the date it was prepared; and\n\t(c)\tstate the name, and the Australian address and business telephone number of—\n\t(ii)\tthe importer; and\n\t(d)\tstate an Australian business telephone number from which information about the chemical can be obtained in an emergency; and\n\t(e)\tbe in English.\n\t(2)\tA safety data sheet for a hazardous chemical must state the following information about the chemical:\n\t(a)\tSection 1: Identification;\n\t(b)\tSection 2: Hazard(s) identification;\n\t(c)\tSection 3: Composition and information on ingredients, in accordance with Schedule 8;\n\t(d)\tSection 4: First aid measures;\n\t(e)\tSection 5: Firefighting measures;\n\t(f)\tSection 6: Accidental release measures;\n\t(g)\tSection 7: Handling and storage;\n\t(h)\tSection 8: Exposure controls and personal protection;\n\t(i)\tSection 9: Physical and chemical properties;\n\t(j)\tSection 10: Stability and reactivity;\n\t(k)\tSection 11: Toxicological information;\n\t(l)\tSection 12: Ecological information;\n\t(m)\tSection 13: Disposal considerations;\n\t(n)\tSection 14: Transport information;\n\t(o)\tSection 15: Regulatory information;\n\t(p)\tSection 16: Any other relevant information.\n\t(3)\tThe safety data sheet must use the headings and be set out in the order set out in subclause (2).\n\t(4)\tThe safety data sheet must be in English.\nRegulations 330 and 331 provide that clause 2 will apply instead of clause 1 in certain cases.\n2—Safety data sheets—research chemical, waste product or sample for analysis\nFor the purposes of regulation 331, a safety data sheet for a hazardous chemical that is a research chemical, waste product or sample for analysis must—\n\t(a)\tbe in English; and\n\t(b)\tstate the name, Australian address and business telephone number of—\n\t(ii)\tthe importer; and\n\t(c)\tstate that full identification or hazard information is not available for the chemical, and in the absence of full identification or hazard information, a precautionary approach must be taken by a person using, handling or storing the chemical; and\n\t(d)\tstate the chemical identity or structure of the chemical or chemical composition, as far as is reasonably practicable; and\n\t(e)\tstate any known or suspected hazards; and\n\t(f)\tstate any precautions that a person using, handling or storing the chemical must take to the extent that the precautions have been identified.\n","sortOrder":56},{"sectionNumber":"Sch 8","sectionType":"schedule","heading":"Disclosure of ingredients in safety data sheet","content":"Schedule 8—Disclosure of ingredients in safety data sheet\nThis Schedule sets out the way in which the ingredients of a hazardous chemical must be disclosed in Section 3 of a safety data sheet prepared under these regulations.\nSee clause 1(2)(c) of Schedule 7.\n2—Identity of ingredients to be disclosed\n\t(1)\tThis clause applies if an ingredient in a hazardous chemical causes the correct classification of the chemical to include a hazard class and hazard category referred to in table 8.1.\n\t(2)\tThe identity of the ingredient must be disclosed in English on the label and safety data sheet of the hazardous chemical.\n\nTable 8.1\nItem\nGHS hazard class\nGHS hazard category\nAcute toxicity—oral\n\nAcute toxicity—dermal\n\nAcute toxicity—inhalation\n\nRespiratory sensitiser\nSkin sensitiser\nMutagenicity\n\nCarcinogenicity\n\nToxic to reproduction\n\nTarget organ toxicity—single exposure\n\nTarget organ toxicity—repeat exposure\n\nAspiration hazards\nSkin corrosion or irritation\n\nCategory 1C\n\nSerious eye damage or eye irritation\n\n3—Generic names used to disclose identity of ingredients\n\t(1)\tThis clause applies if an ingredient of a hazardous chemical must be disclosed under clause 2.\n\t(2)\tThe ingredient—\n\t(a)\tmay be disclosed by its generic name if—\n\t(i)\tthe ingredient causes the correct classification of the hazardous chemical to include a hazard class and hazard category referred to in table 8.2; and\n\t(ii)\tthe ingredient does not cause the correct classification of the hazardous chemical to include any other hazard class and hazard category in table 8.1; and\n\t(iii)\tthe identity of the ingredient is commercially confidential; and\n\t(iv)\tan exposure standard for the ingredient has not been established; or\n\t(b)\tin any other case—must be disclosed by its chemical identity.\n\nTable 8.2\nItem\nHazard class and hazard category\nAcute toxicity (category 4)\nAspiration hazard (category 1)\nSerious eye damage or eye irritation (category 2)\nSkin corrosion or irritation (category 2)\nSpecific target organ toxicity (single exposure) (category 3)\n4—Disclosing proportions of ingredients\n\t(1)\tThis clause applies if an ingredient of a hazardous chemical must be disclosed under clause 2.\n\t(2)\tThe proportion of the ingredient to the hazardous chemical must be disclosed—\n\t(a)\tif the exact proportion of the ingredient is not commercially confidential—as the exact proportion of the chemical, expressed as a percentage by weight or volume; or\n\t(b)\tif the exact proportion of the ingredient is commercially confidential—as 1 of the following ranges within which the exact proportion fits, expressed as a percentage by weight or volume:\n\t(i)\t<10%;\n\t(ii)\t10 – 30%;\n\t(iii)\t30 – 60%;\n\t(iv)\t> 60%;\n\t(v)\ta range that is narrower than the range set out in subparagraph (i), (ii), (iii) or (iv).\n","sortOrder":57},{"sectionNumber":"Sch 9","sectionType":"schedule","heading":"Classification, packaging and labelling requirements","content":"Schedule 9—Classification, packaging and labelling requirements\nRegulations 329, 334 and 335\nPart 1—Correct classification\n1—Correct classification of a substance, mixture or article\n\t(1)\tA substance or mixture (other than a research chemical, sample for analysis or waste product) is correctly classified if a determination is made about whether the substance or mixture can be classified into a hazard class under the GHS including a mixture classification referred to in Schedule 6.\n\t(2)\tA substance or mixture that is a research chemical, sample for analysis or waste product is correctly classified if, so far as is reasonably practicable having regard to the known or suspected properties of the substance or mixture—\n\t(a)\ta determination is made about the identity of the substance or mixture; and\n\t(b)\ta determination is made about whether the substance or mixture can be classified into a hazard class under the GHS.\n\t(3)\tAn article that contains a substance or mixture that may be released during the use, handling or storage of the article is correctly classified if the substance or mixture is correctly classified.\nPart 2—Correct packing\n2—Correctly packing hazardous chemicals\n\t(1)\tA hazardous chemical is correctly packed if the chemical is packed in a container that—\n\t(a)\tis in sound condition; and\n\t(b)\twill safely contain the chemical for the time the chemical is likely to be packed; and\n\t(c)\tis made of material that is compatible with, and will not be adversely affected by, the chemical; and\n\t(d)\tdoes not usually contain food or beverages and cannot be mistakenly identified as containing food or beverages.\n\t(2)\tDespite subclause (1), a hazardous chemical supplied by a retailer to a person, in a container provided by the person, is only correctly packed if—\n\t(a)\tfor a hazardous chemical with a classification that includes flammable gases or gases under pressure—the container—\n\t(i)\thas a capacity less than the capacity stated for a hazardous chemical stored in bulk; and\n\t(ii)\tcomplies with the ADG Code; and\n\t(b)\tin any other case—the container—\n\t(i)\thas a capacity that does not exceed the capacity stated for a hazardous chemical stored in bulk; and\n\t(ii)\tis clearly marked with the product identifier or chemical identity; and\n\t(iii)\tcomplies with paragraphs (a) to (d) of subclause (1).\nPart 3—Correct labelling\nMore than 1 clause of this Part may apply to a hazardous chemical depending on the nature of the hazardous chemical, its container and other matters.\n3—Labelling hazardous chemicals—general\n\t(1)\tA hazardous chemical is correctly labelled if the chemical is packed in a container that has a label in English including the following:\n\t(c)\tfor each ingredient of the chemical—the identity and proportion disclosed in accordance with Schedule 8;\n\t(d)\tany hazard pictogram consistent with the correct classification of the chemical;\n\t(e)\tany hazard statement, signal word and precautionary statement consistent with the correct classification of the chemical;\n\t(f)\tany information about the hazards, first aid and emergency procedures relevant to the chemical, not otherwise included in the hazard statement or precautionary statement referred to in paragraph (e);\n\t(g)\tif the chemical has an expiry date—the expiry date.\n\t(2)\tThe label may include any other information that does not contradict or cast doubt on the matters referred to in subclause (1).\n\t(3)\tThis clause is subject to clauses 4 to 10 of this Schedule.\n4—Labelling hazardous chemicals—small container\n\t(1)\tThis clause applies if a hazardous chemical is packed in a container that is too small for a label attached to it to include all the information referred to in clause 3(1).\n\t(2)\tThe hazardous chemical is correctly labelled if the chemical is packed in a container that has a label in English including the following:\n\t(c)\ta hazard pictogram or hazard statement consistent with the correct classification of the chemical;\n\t(d)\tany other information referred to in clause 3(1) that it is reasonably practicable to include.\n5—Labelling hazardous chemicals—research chemicals or samples for analysis\n\t(1)\tThis clause applies to a hazardous chemical that is a research chemical or sample for analysis.\n\t(2)\tThe hazardous chemical is correctly labelled if the chemical is packed in a container that has a label in English including the following:\n6—Labelling hazardous chemicals—decanted or transferred chemicals\n\t(1)\tThis clause applies if—\n\t(a)\ta hazardous chemical is decanted or transferred from the container in which it is packed; and\n\t(i)\twill not be used immediately; or\n\t(ii)\tis supplied to someone else.\n\t(2)\tThe hazardous chemical is correctly labelled if the chemical is packed in a container that has a label in English including the following:\n7—Labelling hazardous chemicals—known hazards\n\t(1)\tThis clause applies to a hazardous chemical if—\n\t(a)\tthe chemical is not being supplied to another workplace; and\n\t(b)\tthe hazards relating to the chemical are known to the workers involved in using, handling or storing the chemical.\n\t(2)\tThe hazardous chemical is correctly labelled if the chemical is packed in a container that has a label in English including the following:\n8—Labelling hazardous chemicals—waste products\n\t(1)\tThis clause applies to a waste product if it is reasonably likely that the waste product is a hazardous chemical.\n\t(2)\tThe waste product is correctly labelled if it is packed in a container that has a label in English including the following for the hazardous chemical:\n\t(c)\ta hazard pictogram and hazard statement consistent with the correct classification of the chemical.\n9—Labelling hazardous chemicals—explosives\n\t(1)\tThis clause applies to a hazardous chemical that may be classified in the explosives hazard class.\n\t(2)\tThe hazardous chemical is correctly labelled if the chemical is packed in a container that has a label in English that—\n\t(a)\tcomplies with the Australian Code for the Transport of Explosives by Road and Rail; and\n\t(b)\tincludes the following:\n\t(i)\tthe proper shipping name and UN number;\n\t(ii)\tany hazard pictogram consistent with the correct classification of the chemical in relation to health hazards;\n\t(iii)\tany hazard statement consistent with the correct classification of the chemical in relation to health hazards;\n\t(iv)\tany precautionary statement consistent with the correct classification of the chemical in relation to health hazards.\n10—Labelling hazardous chemicals—agricultural and veterinary chemicals\n\t(1)\tA hazardous chemical that is an agricultural or veterinary chemical is correctly labelled if—\n\t(a)\tthe chemical is labelled in accordance with the requirements of the Australian Pesticides and Veterinary Medicines Authority; and\n\t(b)\tthe label is in English and includes the following:\n\t(i)\tany hazard statement consistent with the correct classification of the chemical;\n\t(ii)\tany precautionary statement consistent with the correct classification of the chemical.\n\t(2)\tIn this clause—\nagricultural or veterinary chemical means an agricultural chemical product or veterinary chemical product under the Agricultural and Veterinary Chemicals Code Act 1994 of the Commonwealth.\n","sortOrder":58},{"sectionNumber":"Sch 10","sectionType":"schedule","heading":"Prohibited carcinogens, restricted carcinogens and restricted hazardous chemicals","content":"Schedule 10—Prohibited carcinogens, restricted carcinogens and restricted hazardous chemicals\nRegulations 340 and 380—384\nThe prohibition of the use of carcinogens listed in table 10.1, column 2 and the restriction of the use of carcinogens listed in table 10.2, column 2 apply to the pure substance and where the substance is present in a mixture at a concentration greater than 0.1% unless otherwise specified.\n\nTable 10.1—Prohibited carcinogens\nItem\nProhibited carcinogen [CAS number]\n2-Acetylaminofluorene [53-96-3]\nAflatoxins\n4-Aminodiphenyl [92-67-1]\nBenzidine [92-87-5] and its salts (including benzidine dihydrochloride [531-85-1])\nbis(Chloromethyl) ether [542-88-1]\nChloromethyl methyl ether [107-30-2] (technical grade which contains bis(chloromethyl) ether)\n4-Dimethylaminoazobenzene [60-11-7] (Dimethyl Yellow)\n2-Naphthylamine [91-59-8] and its salts\n4-Nitrodiphenyl [92-93-3]\n\nTable 10.2—Restricted carcinogens\nItem\nRestricted carcinogen [CAS number]\nRestricted use\nAcrylonitrile [107-13-1]\nAll\nBenzene [71-43-2]\nAll uses involving benzene as a feedstock containing more than 50% of benzene by volume\nCyclophosphamide [50-18-0]\nWhen used in preparation for therapeutic use in hospitals and oncological treatment facilities, and in manufacturing operations\n3,3'-Dichlorobenzidine [91-94-1] and its salts (including 3,3'-Dichlorobenzidine dihydrochloride [612-83-9])\nAll\nDiethyl sulfate [64-67-5]\nAll\nDimethyl sulfate [77-78-1]\nAll\nEthylene dibromide [106-93-4]\nWhen used as a fumigant\n4,4'-Methylene bis(2-chloroaniline) [101-14-4] MOCA\nAll\n3-Propiolactone [57-57-8] (Beta-propiolactone)\nAll\no-Toluidine [95-53-4] and o-Toluidine hydrochloride [636-21-5]\nAll\nVinyl chloride monomer [75-01-4]\nAll\n\nTable 10.3—Restricted hazardous chemicals\nItem\nRestricted hazardous chemical\nRestricted use\nAntimony and its compounds\nFor abrasive blasting at a concentration of greater than 0.1% as antimony\nArsenic and its compounds\nFor abrasive blasting at a concentration of greater than 0.1% as arsenic\nBenzene (benzol), if the substance contains more than 1% by volume\nBeryllium and its compounds\nFor abrasive blasting at a concentration of greater than 0.1% as beryllium\nCadmium and its compounds\nFor abrasive blasting at a concentration of greater than 0.1% as cadmium\nCarbon disulphide (carbon bisulphide)\nChromate\nChromium and its compounds\nFor abrasive blasting at a concentration of greater than 0.5% (except as specified for wet blasting) as chromium\nCobalt and its compounds\nFor abrasive blasting at a concentration of greater than 0.1% as cobalt\nFree silica (crystalline silicon dioxide)\nFor abrasive blasting at a concentration of greater than 1%\nLead and compounds\nFor abrasive blasting at a concentration of greater than 0.1% as lead or which would expose the operator to levels in excess of those set in the regulations covering lead\nLead carbonate\nMethanol (methyl alcohol), if the substance contains more than 1% by volume\nNickel and its compounds\nFor abrasive blasting at a concentration of greater than 0.1% as nickel\nNitrates\nNitrites\nRadioactive substance of any kind where the level of radiation exceeds 1 Bq/g\nFor abrasive blasting, so far as is reasonably practicable\nTetrachloroethane\nTetrachloromethane (carbon tetrachloride)\nTin and its compounds\nFor abrasive blasting at a concentration of greater than 0.1% as tin\nTributyl tin\nRegulation 377 deals with polychlorinated biphenyls (PCBs).\nSchedule 11—Placard and manifest quantities\nRegulations 347—350, 361, 390 and 391\n1—Determination of classification of flammable liquids\nFor the purposes of this table, if a flammable liquid category 4 is used, handled or stored in the same spill compound as one or more flammable liquids of categories 1, 2 or 3, the total quantity of flammable liquids categories 1, 2 or 3 must be determined as if the flammable liquid category 4 had the same classification as the flammable liquid in the spill compound with the lowest flash point.\n\nTable 11.1\nColumn 1\nColumn 2\nColumn 3\nColumn 4\nColumn 5\nItem\nDescription of hazardous chemical\nPlacard quantity\nManifest quantity\nFlammable gases\nCategory 1A, category 1B or any combination of categories 1A and 1B\n200L\n5 000L\nGases under pressure\nWith acute toxicity, categories 1, 2, 3 or 4\n50L\n500L\n\nWith skin corrosion categories 1A, 1B or 1C\n50L\n500L\n\nNot specified elsewhere in this Table\nFlammable liquids\n50L\n500L\n\n250L\n2 500L\n\nAny combination of chemicals from Items 5 to 7 where none of the items exceeds the quantities in columns 4 or 5 on their own\n\nCategory 4\n10 000L\n100 000L\nSelf‑reactive substances\nType A\n\nType B\n\nType C to F\nFlammable solids\n250kg\n2 500kg\n\n1 000kg\n10 000kg\n\nAny combination of chemicals from Items 11 to 14 where none of the items exceeds the quantities in columns 4 or 5 on their own\nPyrophoric liquids and pyrophoric solids\nSelf‑heating substances and mixtures\n\nAny combination of chemicals from Items 16 to 18 where none of the items exceeds the quantities in columns 4 or 5 on their own\nSubstances which in contact with water emit flammable gas\n\nAny combination of chemicals from Items 20 to 22 where none of the items exceeds the quantities in columns 4 or 5 on their own\n10 000kg or 10 000L\nOxidising liquids and oxidising solids\n\nAny combination of chemicals from Items 24 to 26 where none of the items exceeds the quantities in columns 4 or 5 on their own\nOrganic peroxides\nType A\n\nType B\n\nType C to F\n\nAny combination of chemicals from Items 29 and 30 where none of the items exceeds the quantities in columns 4 or 5 on their own\n2 500kg or 2 500L\nAcute toxicity\n\nAny combination of chemicals from Items 32 to 34 where none of the items exceeds the quantities in columns 4 or 5 on their own\nSkin corrosion\nCategory 1A\n\nCategory 1B\n\nCategory 1C\nCorrosive to metals\n\nAny combination of chemicals from Items 36 to 39 where none of the items exceeds the quantities in columns 4 or 5 on their own\nUnstable explosives\n\nUnstable chemicals\nAny combination of chemicals from Items 10, 28 and 41 where none of the items exceeds the quantities in columns 4 or 5 on their own\nAerosols\nCategory 1, category 2, category 3 or any combination of categories 1, 2 and 3\n5 000L\n1\tIn item 2, Gases under pressure with acute toxicity, category 4 only applies up to a LC50 of 5000 ppmV. This is equivalent to dangerous goods of Division 2.3.\n2\tItem 43 includes flammable aerosols.\nFor placarding and manifest purposes, a spill compound containing 1 000L of flammable liquid category 1 and 1 000L of flammable liquid category 4 is considered to contain 2 000L of flammable liquid category 1.\n","sortOrder":59},{"sectionNumber":"Sch 12","sectionType":"schedule","heading":"Manifest requirements","content":"Schedule 12—Manifest requirements\nRegulation 347(2)\n1—Manifest—general information\nThe manifest of hazardous chemicals must include—\n\t(a)\tthe name of the person conducting the business or undertaking; and\n\t(b)\tthe address of the workplace; and\n\t(c)\tthe date the manifest was last amended or, if it has not been amended, the date it was prepared; and\n\t(d)\tbusiness hours and after hours telephone numbers for at least 2 persons who may be contacted if there is a notifiable incident at the workplace.\n2—Manifest—bulk storage and containers\n\t(1)\tThis clause applies if a hazardous chemical is stored at a workplace in bulk or in a container.\n\t(2)\tFor each hazardous chemical stored in bulk other than in a container, the manifest of hazardous chemicals must include—\n\t(a)\tthe name of the chemical; and\n\t(b)\tthe quantity of the chemical stored.\n\t(3)\tFor each container storing the hazardous chemical, the manifest of hazardous chemicals must include—\n\t(a)\tthe identification number or code of the container; and\n\t(b)\tthe type and capacity of the container; and\n\t(c)\tfor a fixed vertical tank used to store fire risk hazardous chemicals—the diameter of the tank.\n3—Manifest—identification of hazardous chemical\nThe manifest of hazardous chemicals must include—\n\t(a)\tfor a hazardous chemical, other than a flammable liquid category 4, unstable explosive, organic peroxide type A or self‑reactive substance type A—\n\t(i)\tthe proper shipping name as stated in Table 3.2.3 of the ADG Code for the chemical; and\n\t(ii)\tthe UN number as stated in Table 3.2.3 of the ADG Code for the hazardous chemical; and\n\t(iii)\tthe class and division of the hazardous chemical as stated in Table 3.2.3 of the ADG Code; and\n\t(b)\tfor a flammable liquid category 4—\n\t(i)\tthe product identifier; and\n\t(ii)\tthe words 'combustible liquid'; and\n\t(c)\tfor an unstable explosive, organic peroxide type A or self‑reactive substance type A—\n\t(i)\tthe name of the hazardous chemical stated in the ADG Code, Appendix A; and\n\t(ii)\tthe words 'goods too dangerous to be transported'.\n4—Manifest—storage area for packaged hazardous chemicals\n\t(1)\tThis clause applies if—\n\t(a)\ta storage area—\n\t(i)\tcontains, or is likely to contain, a packaged hazardous chemical, or a hazardous chemical in an IBC; and\n\t(ii)\tis required under these regulations to have a placard; and\n\t(b)\tthe hazardous chemicals are dangerous goods under the ADG Code.\n\t(2)\tThe manifest of hazardous chemicals must include—\n\t(a)\tthe identification number or code for the storage area; and\n\t(b)\tfor hazardous chemicals with an assigned class specified in Table 3.2.3 of the ADG Code—the largest quantity of each class of hazardous chemicals likely to be kept in the storage area; and\n\t(c)\tfor the specified hazardous chemicals that are likely to be kept in the storage area—\n\t(i)\tthe proper shipping name of the hazardous chemical as specified in Table 3.2.3 of the ADG Code; and\n\t(ii)\tthe class to which the hazardous chemical is assigned as specified in Table 3.2.3 of the ADG Code; and\n\t(iii)\tthe largest quantity of the hazardous chemical likely to be kept in the storage area; and\n\t(d)\tfor an unstable explosive, organic peroxide type A or self‑reactive substance type A that is likely to be kept in the storage area—\n\t(i)\tthe name of the hazardous chemical; and\n\t(ii)\tthe words 'goods too dangerous to be transported'; and\n\t(iii)\tthe largest quantity of the hazardous chemical likely to be kept in the storage area; and\n\t(e)\tfor hazardous chemicals with an assigned class specified in Table 3.2.3 of the ADG Code—the class to which the hazardous chemical is assigned; and\n\t(f)\tfor flammable liquids category 4—the words 'combustible liquid'.\n\t(3)\tIn this clause—\nspecified hazardous chemicals means any of the following:\n\t(a)\tflammable liquid category 1;\n\t(b)\tself-reactive substances type B;\n\t(c)\tsubstances which in contact with water emit flammable gas category 1;\n\t(d)\tpyrophoric liquids category 1;\n\t(e)\tpyrophoric solids category 1;\n\t(f)\torganic peroxides type B;\n\t(g)\tacute toxicity category 1;\n\t(h)\toxidising solids category 1;\n\t(i)\toxidising liquids category 1;\n\t(j)\tskin corrosion category 1A;\n\t(k)\tgases under pressure with acute toxicity categories 1, 2 or 3 or skin corrosion categories 1A, 1B or 1C.\n5—Manifest—hazardous chemicals being manufactured\nFor each area in which hazardous chemicals are manufactured, the manifest must include—\n\t(a)\tthe identification number or code of the area; and\n\t(b)\ta description of the hazardous chemicals manufactured in the area; and\n\t(c)\tthe average and largest quantity of each hazardous chemical likely to be manufactured in the area.\n6—Manifest—hazardous chemicals in transit\n\t(1)\tThis clause applies to hazardous chemicals at a workplace if the hazardous chemicals are—\n\t(a)\tdangerous goods under the ADG Code in transit at the workplace; and\n\t(b)\taccompanied by dangerous goods transport documents (the transport documents) in relation to the hazardous chemicals that comply with the ADG Code.\n\t(2)\tThe person conducting a business or undertaking at the workplace is taken to comply with clauses 4 and 5 in relation to the hazardous chemicals if the manifest includes a compilation of the transport documents.\n7—Manifest—plan of workplace\nThe manifest of hazardous chemicals at a workplace must include a scale plan of the workplace that—\n\t(a)\tshows the location of—\n\t(i)\tcontainers and other storage of hazardous chemicals in bulk; and\n\t(ii)\tstorage areas for packaged hazardous chemicals and IBCs; and\n\t(iii)\teach area where hazardous chemicals are manufactured or generated; and\n\t(b)\tincludes a description in words of the location of—\n\t(i)\tthe things referred to in paragraph (a); and\n\t(ii)\thazardous chemicals in transit; and\n\t(c)\tprovides the identification number or code, and a legend for the identification numbers and codes, for the things referred to in paragraph (a); and\n\t(d)\tshows the location of—\n\t(i)\tthe main entrance and other places of entry to and exit from the workplace; and\n\t(ii)\tessential site services, including fire services and isolation points for fuel and power; and\n\t(iii)\tall drains on the site; and\n\t(iv)\tthe manifest; and\n\t(e)\tincludes the direction of true north; and\n\t(f)\tdescribes the nature of the occupancy of adjoining sites or premises.\n","sortOrder":60},{"sectionNumber":"Sch 13","sectionType":"schedule","heading":"Placard requirements","content":"Schedule 13—Placard requirements\nRegulations 349(2) and 350(2)\n1—Displaying placards\n\t(1)\tThis clause applies if a person conducting a business or undertaking at a workplace must display a placard at the workplace in relation to a hazardous chemical.\n\t(2)\tThe person must ensure that the placard is—\n\t(a)\tclearly legible by persons approaching the placard; and\n\t(b)\tseparate from any other sign or writing that contradicts, qualifies or distracts attention from the placard; and\n\t(c)\tif a placard quantity of the hazardous chemical is contained in a building—\n\t(i)\tlocated as close as is reasonably practicable to the main entrance of the building; and\n\t(ii)\tlocated at the entrance to each room or walled section of the building in which the hazardous chemical is used, handled or stored; and\n\t(d)\tif the hazardous chemical is contained in a container or outside storage area—located next to the container or outside storage area; and\n\t(e)\tfor a placard to which clause 3 applies—located at each entrance to the workplace where an emergency service organisation may enter the workplace; and\n\t(f)\tfor a placard to which clause 4 applies—located on or next to each container or storage area in which the hazardous chemicals are stored; and\n\t(g)\tfor a placard to which clause 6 applies—located at each entrance to a storage area in which the hazardous chemicals are stored.\n2—Maintaining placards\nA person who is required to display a placard must—\n\t(a)\tamend the placard as soon as practicable if—\n\t(i)\tthe type or quantity of hazardous chemical used, handled or stored at the workplace changes; and\n\t(ii)\tthe change requires the information displayed on the placard to be amended; and\n\t(b)\tensure that the placard is—\n\t(i)\tkept clean; and\n\t(ii)\tmaintained in good repair; and\n\t(iii)\tnot covered or obscured.\n3—Outer warning placards—requirements\n\t(1)\tThis clause applies if a person conducting a business or undertaking at a workplace must display an outer warning placard at the workplace in relation to a hazardous chemical.\nRegulation 349 sets out when an outer warning placard is required, and states that it is not required for retail fuel outlets.\n\t(2)\tThe outer warning placard must—\n\t(a)\tcomply with the form shown in figure 13.1; and\n\t(b)\tdisplay the word 'HAZCHEM' in red letters on a white or silver background.\n\n\t(3)\tIn this clause—\nred means the colour 'signal red' in accordance with AS 2700S–2011 (R13) (Colour standards for general purposes—signal red).\n4—Placards for particular hazardous chemicals stored in bulk\n\t(1)\tThis clause applies if a person conducting a business or undertaking at a workplace must display a placard at the workplace in relation to the storage in bulk of any of the following hazardous chemicals:\n\t(a)\tgases under pressure, including flammable gases and flammable aerosols;\n\t(b)\tflammable liquids category 1, 2 or 3;\n\t(c)\tflammable solids category 1 or 2, self‑reactive substances types B to F, self‑heating substances category 1 or 2 or substances that, in contact with water, emit flammable gases;\n\t(d)\torganic peroxides types B to F, oxidising solids and oxidising liquids category 1, 2 or 3;\n\t(e)\tacute toxicity category 1, 2 or 3;\n\t(f)\tskin corrosion category 1A, 1B or 1C and corrosive to metals category 1.\n\t(a)\tcomply with the template in figure 13.2; and\n\t(b)\tsubject to subclause (4)(b) and (c), have dimensions not less than those shown in figure 13.2.\n\t(3)\tThe placard must include the following in figure 13.2 for the hazardous chemical:\n\t(a)\tin space (p)—the proper shipping name for the hazardous chemical as specified in Table 3.2.3 of the ADG Code;\n\t(b)\tin space (q)—the UN Number for the hazardous chemical as specified in Table 3.2.3 of the ADG Code;\n\t(c)\tin space (r)—the Hazchem Code for the hazardous chemical as specified in Table 3.2.3 of the ADG Code;\n\t(d)\tin space (s)—the class label and subsidiary risk label for the hazardous chemical as specified in Table 3.2.3 of the ADG Code.\n\n\t(4)\tFor subclause (3)(a) to (c), the numerals and letters used for showing the proper shipping name, UN number and Hazchem Code must be—\n\t(a)\tblack on a white background, unless a letter of the Hazchem Code is white on a black background; and\n\t(b)\tif the proper shipping name requires a single line only—at least 100mm high; and\n\t(c)\tif the proper shipping name requires 2 lines—at least 50mm high.\n\t(5)\tFor subclause (3)(d)—\n\t(a)\tthe class label and subsidiary risk label (if any) must have the form and colouring stated in the ADG Code for the hazardous chemical; and\n\t(b)\tthe class label must have—\n\t(i)\tif there is a subsidiary risk label—sides not less than 200mm; or\n\t(ii)\tin any other case—sides of not less than 250mm; and\n\t(c)\tif there is a subsidiary risk label—the subsidiary risk label must have sides of not less than 150mm; and\n\t(d)\tif there are 2 or more subsidiary risk labels—the width of the right hand part of the placard may be extended.\n5—Placards for unstable explosives, organic peroxides type A or self-reactive substances type A stored in bulk\n\t(1)\tThis clause applies if a person conducting a business or undertaking at a workplace must display a placard at the workplace in relation to unstable explosives, organic peroxides type A or self‑reactive substances type A that are stored in bulk.\n\t(a)\tcomply with the form in figure 13.2; and\n\t(b)\thave dimensions not less than those shown in figure 13.2.\n\t(3)\tThe placard must include the following, as indicated in figure 13.2, for the hazardous chemical:\n\t(a)\tin space (p)—the name stated in the ADG Code for the hazardous chemical;\n\t(b)\tin space (q)—the space left blank;\n\t(c)\tin space (r)—the space left blank;\n\t(d)\tin space (s)—the label in figure 13.3.\n\n\t(4)\tFor subclause (3)(a), the letters used for showing the name must be—\n\t(a)\tblack on a white background; and\n\t(b)\tif the name requires a single line only—at least 100mm high; and\n\t(c)\tif the name requires 2 lines—at least 50mm high.\n\t(5)\tFor subclause (3)(d), the label must have sides of not less than 250mm.\n6—Placards for packaged Schedule 11 hazardous chemicals (other than flammable liquids category 4) and IBCs\n\t(1)\tThis clause applies if a person conducting a business or undertaking at a workplace must display a placard at the workplace in relation to the storage of—\n\t(a)\tpackaged Schedule 11 hazardous chemicals (other than flammable liquids category 4); or\n\t(b)\ta Schedule 11 hazardous chemical in an IBC.\n\t(a)\tbe in the form shown in figure 13.4; and\n\t(b)\tbe of sufficient size to accommodate the labels to be included on the placard; and\n\t(c)\thave a white or silver background; and\n\t(d)\tinclude each required class label—\n\t(i)\tin the form and colouring stated in the ADG Code for the hazardous chemical; and\n\t(ii)\twith sides not less than 100mm.\n\t(3)\tThe placard must include the following:\n\t(a)\tfor a Schedule 11 hazardous chemical (other than unstable explosive, organic peroxide type A, self‑reactive substance type A) present in a storage area at the workplace—the class label as stated in the ADG Code for each category of hazardous chemicals present in at least the placard quantity; or\n\t(b)\tfor a flammable liquid category 4 stored with flammable liquids in a storage area at the workplace—a class 3 class label as stated in the ADG Code; or\n\t(c)\tfor an unstable explosive, organic peroxide type A or self‑reactive substance type A—the label in figure 13.3.\n\n\t(4)\tIf hazardous chemicals in an IBC at the workplace are Schedule 11 hazardous chemicals intended for transport, and not intended for use at the workplace—\n\t(a)\tthe IBC must display a placard in accordance with the ADG Code; and\n\t(b)\tthe storage area at the workplace must display a placard in accordance with this clause.\n7—Placards for flammable liquids category 4 packaged or in bulk\n\t(1)\tThis clause applies if a person conducting a business or undertaking at a workplace must display a placard at the workplace in relation to the storage of—\n\t(a)\ta packaged flammable liquid category 4; or\n\t(b)\ta flammable liquid category 4 in bulk.\n\t(a)\tbe in the form shown in figure 13.5; and\n\t(b)\thave dimensions not less than those shown in figure 13.5; and\n\t(c)\thave black letters on a white or silver background.\n\n","sortOrder":61},{"sectionNumber":"Sch 14","sectionType":"schedule","heading":"Requirements for health monitoring","content":"Schedule 14—Requirements for health monitoring\nRegulations 368, 370 and 406\n\nTable 14.1—Hazardous chemicals (other than lead) requiring health monitoring\nItem\nType of health monitoring\nAcrylonitrile\nArsenic (inorganic)\nPhysical examination with emphasis on the peripheral nervous system and skin\nUrinary inorganic arsenic\nBenzene\nBaseline blood sample for haematological profile\nCadmium\nPhysical examination with emphasis on the respiratory system\nStandard respiratory questionnaire to be completed\nStandardised respiratory function tests including for example, FEV1, FVC and FEV1/FVC\nUrinary cadmium and β2-microglobulin\nHealth advice, including counselling on the effect of smoking on cadmium exposure\nChromium (inorganic)\nPhysical examination with emphasis on the respiratory system and skin\nWeekly skin inspection of hands and forearms by a competent person\nCreosote\nHealth advice, including recognition of photosensitivity and skin changes\nPhysical examination with emphasis on the neurological system and skin, noting any abnormal lesions and evidence of skin sensitisation\nRecords of personal exposure, including photosensitivity\nCrystalline silica\nStandardised respiratory questionnaire to be completed\nStandardised respiratory function test, for example, FEV1, FVC and FEV1/FVC\nChest X-ray full size PA view\nIsocyanates\nCompletion of a standardised respiratory questionnaire\nPhysical examination of the respiratory system and skin\nStandardised respiratory function tests, for example, FEV1, FVC and FEV1/FVC\nMercury (inorganic)\nPhysical examination with emphasis on dermatological, gastrointestinal, neurological and renal systems\nUrinary inorganic mercury\n4,4' Methylene bis (2-chloroaniline) (MOCA)\nUrinary total MOCA\nDipstick analysis of urine for haematuria\nUrine cytology\nOrganophosphate pesticides\nDemographic, medical and occupational history including pattern of use\nBaseline estimation of red cell and plasma cholinesterase activity levels by the Ellman or equivalent method\nEstimation of red cell and plasma cholinesterase activity towards the end of the working day on which organophosphate pesticides have been used\nPentachlorophenol (PCP)\nPhysical examination with emphasis on the skin, noting any abnormal lesions or effects of irritancy\nUrinary total pentachlorophenol\nDipstick urinalysis for haematuria and proteinuria\nPolycyclic aromatic hydrocarbons (PAH)\nRecords of personal exposure, including photosensitivity\nHealth advice, including recognition of photosensitivity and skin changes\nThallium\nUrinary thallium\nVinyl chloride\n\nTable 14.2—Lead requiring health monitoring\nItem\nLead\nType of health monitoring\nLead (inorganic)\nBiological monitoring\nSchedule 15—Hazardous chemicals at major hazard facilities (and their threshold quantity)\nChapter 9\n1—Definitions\nIn this Schedule—\nClass has the same meaning as in the ADG Code;\nDivision has the same meaning as in the ADG Code;\nPacking Group has the same meaning as in the ADG Code;\nsubsidiary risk has the same meaning as in the ADG Code.\n2—Relevant hazardous chemicals\nThe hazardous chemicals that characterise a workplace as a facility for the purposes of these regulations are the chemicals specifically referred to in table 15.1 and chemicals that belong to the types, classes and categories referred to in table 15.2.\n3—Threshold quantity of one hazardous chemical\n\t(1)\tIn relation to each hazardous chemical referred to in clause 2, column 3 of tables 15.1 and 15.2 provides a quantity that is described as the threshold quantity of that chemical.\n\t(2)\tIf a hazardous chemical is referred to in table 15.1, the threshold quantity of the chemical is that described in table 15.1, whether or not the chemical also belongs to a type, class or category referred to in table 15.2.\n\t(3)\tIf a hazardous chemical is not referred to in table 15.1, and the chemical belongs to a type, class or category referred to in table 15.2, the threshold quantity of that chemical is that of the type, class or category to which it belongs.\n\t(4)\tIf a hazardous chemical is not referred to in table 15.1, and the chemical appears to belong to more than 1 of the types, classes or categories referred to in table 15.2, the threshold quantity of that chemical is that of the relevant type, class or category which has the lower or lowest threshold quantity.\n4—Threshold quantity of more than 1 hazardous chemical\nIf there is more than 1 hazardous chemical, a threshold quantity of chemicals exists where, if a number of chemicals are present, the result of the following aggregation formula exceeds 1:\n\nwhere—\n\t(a)\tx, y, [....] and n are the hazardous chemicals present or likely to be present;\n\t(b)\tqx, qy, [....] and qn is the total quantity of hazardous chemicals x, y, [....] and n present or likely to be present, other than—\n\t(i)\ta hazardous chemical that is present or likely to be present in an isolated quantity less than 2% of its threshold quantity;\n\t(ii)\thazardous chemicals that are solely the subject of intermediate temporary storage, while in transit by road or rail (unless it is reasonably foreseeable that, despite the transitory nature of the storage, hazardous chemicals are or are likely to be present frequently or in significant quantities);\n\t(c)\tQx, Qy, [....] and Qn is the individual threshold quantity for each hazardous chemical x, y, [....] and n;\n\t(d)\ta hazardous chemical is present or likely to be present in an isolated quantity, for the purposes of paragraph (b)(i), if its location at the facility is such that it cannot, on its own, act as an initiator of a major incident.\n5—How table 15.1 must be used\n\t(1)\tThe UN number listed in table 15.1 against the named hazardous chemical does not restrict the meaning of the name, which also applies to hazardous chemicals that fall outside the UN number.\n1\tThe hazardous chemicals are too dangerous to be transported.\n2\tThe hazardous chemicals are part of mixtures covered by a different UN number.\n\t(2)\tAny hazardous chemicals that are covered by the listed UN numbers must be included in the quantity of the chemical named.\n6—How table 15.2 must be used\n\t(1)\tThe quantities specified for explosives in table 15.2 relate to the weight of explosive exclusive of packagings, casings and other nonexplosive components.\n\t(2)\tIf explosives of different hazard divisions are present in the same area or storage, all of the explosives must, before table 15.2 is applied, be classified in accordance with the following table:\n\nDiv.\n1.1\n1.2\n1.3\n1.4\n1.5\n1.6\n1.1\n1.1\n1.1\n1.1\n1.1\n1.1\n1.1\n1.2\n1.1\n1.2\n1.1\n1.2\n1.1\n1.2\n1.3\n1.1\n1.1\n1.3\n1.3\n1.1\n1.3\n1.4\n1.1\n1.2\n1.3\n1.4\n1.5\n1.6\n1.5\n1.1\n1.1\n1.1\n1.5\n1.5\n1.5\n1.6\n1.1\n1.2\n1.3\n1.6\n1.5\n1.6\n\nTable 15.1\n\nItem\nUN Nos included under name\nThreshold quantity (tonnes)\nACETONE CYANOHYDRIN\nACETYLENE\nACROLEIN\nACRYLONITRILE\nALLYL ALCOHOL\nALLYLAMINE\nAMMONIA, ANHYDROUS, LIQUEFIED or AMMONIA SOLUTIONS, relative density less than 0.880 at 15°C in water, with more than 50% ammonia\nAMMONIUM NITRATE FERTILISERS\n5 000\nAMMONIUM NITRATE, with not more than 0.2% combustible substances, including any organic substance calculated as carbon, to the exclusion of any other added substance\n2 500\nARSENIC PENTOXIDE, Arsenic (V) Acid and other salts\nARSENIC TRIOXIDE, Arsenious (III) Acid and other salts\n0.1\nARSINE\n1.0\nBROMINE or BROMINE SOLUTIONS\nCARBON DISULFIDE\nCHLORINE\nDIOXINS\n—\n0.1\nETHYL NITRATE\n—\nETHYLENE DIBROMIDE\nETHYLENE OXIDE\nETHYLENEIMINE\nFLUORINE\nFORMALDEHYDE (greater than 90%)\n—\nHYDROFLUORIC ACID SOLUTION (greater than 50%)\nHYDROGEN\nHYDROGEN CHLORIDE\n\n—Anhydrous\n—Refrigerated Liquid\nHYDROGEN CYANIDE\nHYDROGEN FLUORIDE\nHYDROGEN SULFIDE\nLP GASES\nMETHANE or NATURAL GAS\nMETHYL BROMIDE\nMETHYL ISOCYANATE\n0.15\nOXIDES OF NITROGEN, including nitrous oxide, nitrogen dioxide and nitrogen trioxide\nOXYGEN\n2 000\nPHOSGENE\n0.75\nPROPYLENE OXIDE\nPROPYLENEIMINE\nSODIUM CHLORATE, solid\nSULFUR DICHLORIDE\nSULFUR DIOXIDE, LIQUEFIED\nSULFURIC ANHYDRIDE (Alt. SULFUR TRIOXIDE)\nTITANIUM TETRACHLORIDE\nTOLUENE DIISOCYANATE\n\nTable 15.2\n\nItem\nDescription\nThreshold quantity (tonnes)\nExplosive materials\nExplosive of Division 1.1A\n\nAll other explosives of Division 1.1\n\nExplosive of Division 1.2\n\nExplosive of Division 1.3\nCompressed and liquefied gases\nCompressed or liquefied gases of Division 2.1 or Subsidiary Risk 2.1\n\nLiquefied gases of Subsidiary Risk 5\n\nCompressed or liquefied gases that meet the criteria for Very Toxic in table 15.3\n\nCompressed or liquefied gases that meet the criteria for Toxic in table 15.3\nFlammable materials\nLiquids that meet the criteria for Class 3 Packing Group I Materials (except for crude oil in remote locations)\n\nCrude oil in remote locations that meet the criteria for Class 3 Packing Group I\n2 000\n\nLiquids that meet the criteria for Class 3 Packing Group II or III\n50 000\n\nLiquids with flash points <61°C kept above their boiling points at ambient conditions\n\nMaterials that meet the criteria for Division 4.1 Packing Group I\n\nSpontaneously combustible materials that meet the criteria for Division 4.2 Packing Group I or II\n\nMaterials that liberate flammable gases or react violently on contact with water which meet the criteria for Division 4.3 Packing Group I or II\n\nMaterials that belong to Classes 3 or 8 Packing Group I or II which have Hazchem codes of 4WE (materials that react violently with water)\nOxidising materials\nOxidising material listed in Appendix A to the ADG Code\n\nOxidising materials that meet the criteria for Division 5.1 Packing Group I or II\nPeroxides\nPeroxides that are listed in Appendix A to the ADG Code\n\nOrganic Peroxides that meet the criteria for Division 5.2\nToxic solids and liquids\nMaterials that meet the criteria for Very Toxic in table 15.3 except materials that are classified as Infectious Substances (Division 6.2) or as Radioactive (Class 7)\n\nMaterials that meet the criteria for Toxic in table 15.3\n\nTable 15.3—Criteria for toxicity\nDescription\nOral Toxicity1 LD50 (mg/kg)\nDermal Toxicity2 LD50 (mg/kg)\nInhalation Toxicity3 LC50 (mg/L)\nVery Toxic\nLD50 ≤ 5\nLD50 ≤ 40\nLC50 ≤ 0.5\nToxic\n5< LD50 ≤ 50\n40 < LD50 ≤ 200\n0.5 < LC50 ≤ 2.0\nKey—\n1\tIn rats\n2\tIn rabbits\n3\t4 hours in rats\nSchedule 16—Matters to be included in emergency plan for major hazard facility\nRegulation 557\n\nSite and hazard detail\n\n1.1\nThe location of the facility, including its street address and the nearest intersection (if any).\nSufficient detail must be provided to enable a person not familiar with the site to find it.\n\n1.2\nA map—\n\n\t(a)\tshowing the site of the major hazard facility; and\n\n\t(b)\tshowing land use and occupancy in the surrounding area, and any other closely located major hazard facilities and hazardous chemical storage sites; and\n\n\t(c)\tidentifying all potentially hazardous inventories in the area that are known to the operator and the location of all staging points for emergency service organisations.\n\n1.3\nAn inventory of all hazardous chemicals present, or likely to be present at the facility, and their location.\n\n1.4\nA brief description of the nature of the facility and its operation.\n\n1.5\nThe maximum number of persons, including workers, likely to be present at the facility on a normal working day.\n\n1.6\nThe emergency planning assumptions, including emergency measures planned for identified incidents and likely areas affected.\n\n1.7\nThe protective resources available to control an incident.\n\n1.8\nThe emergency response procedures.\n\n1.9\nThe infrastructure (on‑site and off‑site) likely to be affected by a major incident.\nCommand structure and site personnel\n\n2.1\nThe command philosophy and structure to be activated in an emergency, so that it is clear what actions will be taken, who will take these actions and how, when and where they will be taken.\n\n2.2\nDetails of the person who can clarify the content of the emergency plan if necessary.\n\n2.3\nThe contact details of, and the means of contacting, the persons at the facility responsible for liaising with emergency service organisations.\n\n2.4\nA list of 24 hour emergency contacts.\n\n2.5\nArrangements for assisting emergency service organisations and nearby facilities with control actions taken in the surrounding area.\nNotifications\n\n3.1\nIn the event of the occurrence of a major incident or an event that could reasonably be expected to lead to a major incident, procedures for notifying the emergency service organisations with which the emergency plan was prepared under regulation 557 (or, if the facility is also a mine, under regulation 664).\n\n3.2\nAfter a major incident has occurred, procedures for providing the local community and the local authority for the local authority area in which the facility and the surrounding area are located with information about the major incident under regulation 573.\n\n3.3\nOn-site and off-site warning systems.\n\n3.4\nContact details for emergency service organisations and other support services that can assist in providing resources and implementing evacuation plans in the event of a major incident.\n\n3.5\nOn-site communication systems.\nResources and equipment\n\n4.1\nOn-site emergency resources, including emergency equipment, personnel, gas detectors, wind velocity detectors, sand, lime, neutralising agents, absorbents, spill bins and decontamination equipment.\n\n4.2\nOff-site emergency resources, including arrangements for obtaining additional external resources (specific to the likely major incidents) to assist the control of major incidents and major incident hazards.\nProcedures\n\n5.1\nProcedures for the safe evacuation of, and accounting for, all people on site.\n\n5.2\nProcedures and control points for utilities, including gas, water and electricity.\n\n5.3\nProcedures for the control of any incident involving Schedule 15 chemicals.\n\n5.4\nProcedures for decontamination following an incident involving Schedule 15 chemicals.\n","sortOrder":62},{"sectionNumber":"Sch 17","sectionType":"schedule","heading":"Additional matters to be included in safety management system of major hazard facility","content":"Schedule 17—Additional matters to be included in safety management system of major hazard facility\nRegulation 558\n\nSafety policy and safety objectives\n\n1.1\nA description of the means by which the operator's safety policy and specific safety objectives are to be communicated to all persons who are to participate in the implementation of the safety management system.\n\n1.2\nThe safety policy must include an express commitment to ongoing improvement of all aspects of the safety management system.\nOrganisation and personnel\n\n2.1\nThe identification (according to position description and location) of the persons who are to participate in the implementation of the safety management system, and a description of the command structure in which these persons work and of the specific tasks and responsibilities allocated to them.\n\n2.2\nA description of the means of ensuring that these persons have the knowledge and skills necessary to enable them to undertake their allocated tasks and discharge their allocated responsibilities, and that they retain such knowledge and skills.\nOperational controls\n\n3.1\nA description of the procedures and instructions for—\n\n\t(a)\tthe safe operation of plant (including as to inspection and maintenance); and\n\n\t(b)\tthe mechanical integrity of plant; and\n\n\t(c)\tplant processes; and\n\n\t(d)\tthe control of abnormal operations and emergency shut down or decommissioning.\n\n3.2\nProvision of adequate means of achieving isolation of the major hazard facility or any part of the major hazard facility in the event of an emergency.\n\n3.3\nProvision of adequate means of gaining access for service and maintenance of the major hazard facility or any part of the major hazard facility.\n\n3.4\nA description of the roles of persons and of the interfaces between persons and plant.\n\n3.5\nProvision for alarm systems.\nDuties of operators\n\n4.1\nA description of the means by which the operator proposes to comply with the Act and with Division 3 of Chapter 9 Part 3, Chapter 9 Part 4 and Chapter 9 Part 5 of these regulations.\n\n4.2\nIn relation to each part of the documented safety management system that describes the means of compliance with a provision of Chapter 9, an annotation or cross-reference identifying the specific provision being complied with.\nManagement of change\n\nA description of the procedures for planning modifications to major hazard facilities.\nPrinciples and standards\n\n6.1\nA statement of the principles, especially the design principles and engineering standards, being used to ensure the safe operation of the major hazard facility.\n\n6.2\nA description of any technical standards, whether published or proprietary, being relied on in relation to such principles and standards.\nPerformance monitoring\n\n7.1\nPerformance standards for measuring the effectiveness of the safety management system, that—\n\n\t(a)\trelate to all aspects of the safety management system; and\n\n\t(b)\tare sufficiently detailed to ensure that the ability of the operator to ensure the effectiveness of all aspects of the safety management system is apparent from the documentation; and\n\n\t(c)\tinclude steps to be taken to continually improve all aspects of the safety management system.\n\n7.2\nA description of the way in which these performance standards are to be met.\n\n7.3\nPerformance indicators for the effectiveness of control measures implemented, including—\n\n\t(a)\ttests of the effectiveness of the control measures; and\n\n\t(b)\tindicators of the failure of any control measure; and\n\n\t(c)\tactions to be taken in reporting any such failure; and\n\n\t(d)\tother corrective actions to be taken in the event of any such failure.\nAudit\n\nProvision for the auditing of performance against the performance standards, including the methods, frequency and results of the audit process.\n","sortOrder":63},{"sectionNumber":"Sch 18","sectionType":"schedule","heading":"Additional matters to be included in safety case for a major hazard facility","content":"Schedule 18—Additional matters to be included in safety case for a major hazard facility\nRegulation 561\n\nFacility description\nThe facility\n\n1.1\nA brief description of the nature of the facility and its operation, including a description of on-site activities and processes that involve or will involve Schedule 15 chemicals.\n\n1.2\nA description of the Schedule 15 chemicals and any other hazardous chemicals present or likely to be present at the facility, including—\n\n\t(a)\ttheir identification by name and by any other means necessary for a clear identification; and\n\n\t(b)\tthe quantity present or likely to be present at the major hazard facility; and\n\n\t(c)\ttheir physical, chemical and toxicological characteristics, and any other hazardous characteristics, both immediate and delayed; and\n\n\t(d)\ttheir physical and chemical behaviour under normal conditions of use or under foreseeable abnormal conditions.\n\n1.3\nA description of the chemical and physical processes associated with any Schedule 15 chemicals present or likely to be present at the facility, including—\n\n\t(a)\tthe main units of plant used in those processes; and\n\n\t(b)\ta process flow drawing, or set of flow drawings, describing the processes.\n\n1.4\nA drawing of the major hazard facility's general layout, containing the location of—\n\n\t(a)\tthe main process units; and\n\n\t(b)\tthe main storage areas; and\n\n\t(c)\tmajor incident hazards and major incident initiators.\n\n1.5\nIn relation to proposed changes at the major hazard facility for which no new control measures are implemented—\n\n\t(a)\ta description of any proposed changes to the major hazard facility that would—\n\t(i)\talter the production capacity or profile of the major hazard facility; or\n\t(ii)\tinvolve the deletion, addition or modification of any processes; and\n\n\t(b)\ta statement as to how existing control measures and WHS management systems are capable of maintaining the safe operation of the major hazard facility.\nThe surrounding area\n\n2.1\nA detailed scale plan of the facility and its surrounding area showing—\n\n\t(a)\tthe location of the facility within the surrounding area; and\n\n\t(b)\ttopographical information; and\n\n\t(c)\tland use, occupancy and activities in the surrounding area and any other closely located major hazard facilities and hazardous chemical storage sites; and\n\n\t(d)\tthe location of any identified external conditions (including other major hazard facilities or other facilities that could affect the safety of the major hazard facility).\n\n2.2\nGraphically presented demographic information for the local community, including surrounding land uses permitted by the local authority.\n\n2.3\nMeteorological data relevant to the estimation of the effects of any major incident.\n\nSafety information\nControl measures to limit the consequences of major incidents\n\n3.1\nA detailed description of—\n\n\t(a)\tthe instrumentation and other equipment installed in the facility and the processes and procedures in place that are the control measures to be implemented by the operator; and\n\n\t(b)\tthe critical operating parameters for those control measures; and\n\n\t(c)\tkey personnel and resources (internal and external) available to intervene in the event of any failure of a control measure, whether or not that failure results in a major incident; and\n\n\t(d)\ta summary of the emergency plan, including specific information about how the plan can be expected to limit the consequences of a major incident; and\n\n\t(e)\tthe means of ensuring that there is at all times in place a command structure for the major hazard facility that applies in the event of an emergency, and that this command structure has been communicated to workers throughout the major hazard facility.\n\n3.2\nIn item 3.1—\n\ncritical operating parameters means the upper or lower performance limits of any equipment, process or procedure, compliance with which is necessary to avoid a major incident;\n\nfailure of a control measure means—\n\n\t(a)\tif the control measure is a positive action or event—the non‑occurrence or the defective occurrence of that action or event; or\n\n\t(b)\tif the control measure consists of a limitation on an operational activity, process or procedure—the breach of that limitation.\nPerformance monitoring\n\nA detailed description of the performance standards and performance indicators required by item 7 of Schedule 17 to be included in the safety management system.\nSafety management system\n\n5.1\nAt all points in the safety case where the matter addressed is covered by the safety management system, a clear reference to the relevant part of the documented safety management system.\n\n5.2\nA description of those parts of the documented safety management system that address the ongoing effective implementation and ongoing review and revision of the safety management system.\nSafety and reliability of facility structures and plant\n\nA description of the steps taken to ensure that safety and reliability are incorporated into the design and construction of all aspects of the major hazard facility itself, whether the operator is directly engaged in the design and construction or has engaged another person to carry out the design and construction.\nMajor incident history\n\nA summary of the major incidents that have occurred at the major hazard facility over the previous 5 years.\n","sortOrder":64},{"sectionNumber":"Sch 19","sectionType":"schedule","heading":"Principal mining hazard management plans—additional matters to be considered","content":"Schedule 19—Principal mining hazard management plans—additional matters to be considered\nRegulation 628\n1—Ground or strata instability\nThe following matters must be considered in developing the control measures to manage the risks of ground or strata instability:\n\t(a)\tthe local geological structure;\n\t(b)\tthe local hydrogeological environment, including surface and ground water;\n\t(c)\tthe geotechnical characteristics of the rocks and soil, including the effects of time, oxidation and water on rock support and stability;\n\t(d)\tany natural or induced seismic activity;\n\t(e)\tthe location and loadings from existing or proposed mine infrastructure such as waste dumps, tailings storage, haul roads and mine facilities;\n\t(f)\tany previously excavated or abandoned workings;\n\t(g)\tthe proposed and existing mining operations, including the nature and number of excavations, the number and size of permanent or temporary voids or openings, backfilling of mined areas and stopes, abutments, periodic weighting and windblast;\n\t(h)\tthe proposed blasting activities, including airblast.\n2—Inundation and inrush\nThe following matters must be considered in developing the control measures to manage the risks of inundation and inrush:\n\t(a)\tthe potential sources of inundation, including extreme weather, overflow or failure of levies and dam structures, failure or blocking of flow channels (either regular, overflow or emergency);\n\t(b)\tthe potential sources of inrush including current, disused or abandoned mine workings along the same seam or across strata, surface water bodies, backfill operations, highly permeable aquifers, bore-holes, faults or other geological weaknesses;\n\t(c)\tthe potential for the accumulation of water, gas or other substances or materials that could liquefy or flow into other workings or locations;\n\t(d)\tthe magnitude of all potential sources and maximum flow rates;\n\t(e)\tthe worst possible health and safety consequences of each potential source, including the accuracy of plans of other workings, variation in rock properties and geological weaknesses.\n3—Mine shafts and winding operations\nThe following matters must be considered in developing the control measures to manage the risks associated with mine shafts and winding operations:\n\t(a)\tthe stability and integrity of the shaft;\n\t(b)\tthe potential for fires in underground operations, the shaft or winder areas;\n\t(c)\tthe potential for any unintended or uncontrolled movement of the conveyances within the shaft;\n\t(d)\tthe potential for a detached conveyance to fall down the shaft;\n\t(e)\tthe potential for fall of persons, equipment, materials or support structure into or within, the shaft;\n\t(f)\tthe potential for failure of, or damage to, health and safety related equipment and controls, including the following:\n\t(i)\tropes bearing the weight of the shaft conveyance;\n\t(ii)\tcontrols and limiting devices to prevent overwind, overrun, overspeed and the exceeding of other selected limits;\n\t(iii)\tequipment and controls to detect, prevent or cause the winder to stop in the event of slack rope, drum slip or tail rope malfunctions;\n\t(iv)\tbraking systems including emergency brakes and systems for preventing free‑fall of a conveyance;\n\t(v)\twarning systems for any emergency in the shaft;\n\t(vi)\tcommunication systems;\n\t(g)\tthe potential for injury to persons in a conveyance from material being carried in the conveyance or falling from another conveyance;\n\t(h)\tthe need to enable persons to escape from a stalled conveyance;\n\t(i)\tthe competency of the operator of the winder.\n4—Roads and other vehicle operating areas\nThe following matters must be considered in developing the control measures to manage the risks associated with roads and other vehicle operating areas:\n\t(a)\tmobile plant characteristics, including stopping distances, manoeuvrability, operating speeds, driver position, driver line of sight and remote control mobile plant;\n\t(b)\tthe effect on road conditions of expected environmental conditions during operating periods (including time of day, weather, temperature and visibility);\n\t(c)\tthe impact of road design and characteristics, including grade, camber, surface, radius of curves and intersections;\n\t(d)\tthe impact of mine design, including banks and steep drops adjacent to vehicle operating areas;\n\t(e)\tthe volume and speed of traffic and the potential for interactions between mobile plant with different operating characteristics, including heavy and light vehicles;\n\t(f)\tthe potential for interactions between mobile plant and pedestrians, including consideration of park up areas and driver access;\n\t(g)\tthe potential for interaction between mining mobile plant and public traffic;\n\t(h)\tthe potential for interaction between mobile plant and fixed structures, including overhead and underground power lines, tunnel walls and roofs.\n5—Air quality, dust and other airborne contaminants\nThe following matters must be considered in developing the control measures to manage the risks associated with air quality, airborne dust and other airborne contaminants:\n\t(a)\tthe types of dust and other chemical and biological contaminants likely to be in the air from both natural sources, including naturally occurring asbestos, and introduced sources;\n\t(b)\tthe levels of oxygen, dust and other contaminants in the natural or supplied air of a mine;\n\t(c)\tthe temperature and humidity of the air;\n\t(d)\tthe length of exposure, having regard to extended shifts and reduced recovery periods.\n6—Fire and explosion\nThe following matters must be considered in developing the control measures to manage the risks of fire and explosion:\n\t(a)\tthe potential sources of flammable, combustible and explosive substances and materials, both natural and introduced, including gas, dust, fuels, solvents and timber;\n\t(b)\tthe potential sources of ignition, fire or explosion, including plant, electricity, static electricity, spontaneous combustion, lightning, hot work and other work practices;\n\t(c)\tthe potential for propagation of fire or explosion to other parts of the mine.\n7—Gas outbursts\nThe following matters must be considered in developing the control measures to manage the risks of gas outbursts:\n\t(a)\tthe potential for gas release into the working area of a mine from both natural and introduced sources in a concentration that could lead to fire, explosion or asphyxiation;\n\t(b)\tthe potential for accumulation of gases in working areas and abandoned areas of the mine;\n\t(c)\tthe nature of the gas that could be released;\n\t(d)\tthe gas levels in the material being mined;\n\t(e)\tgas seam pressures.\n8—Spontaneous combustion\nThe following matters must be considered in developing the control measures to manage the risks of spontaneous combustion:\n\t(a)\tthe potential for spontaneous combustion to occur in the material being mined, including by—\n\t(i)\tevaluating the history of the mine in relation to spontaneous combustion; and\n\t(ii)\tevaluating any adjacent or previous mining operations in the same seam; and\n\t(iii)\tthe conduct of scientific testing;\n\t(b)\tmine ventilation practices;\n\t(c)\tthe design of the mine;\n\t(d)\tthe impact of gases generated by spontaneous combustion on mine environmental conditions.\n","sortOrder":65},{"sectionNumber":"Sch 20","sectionType":"schedule","heading":"Prohibited uses in mines","content":"Schedule 20—Prohibited uses in mines\nRegulation 632\n\nItem\nProhibited use\nInternal combustion engine (other than a compression ignition engine)\nAll uses underground\nCompressed natural gas\nHydrogen\nLiquid petroleum gas\nPetrol and fuel\nIn an underground mine in an internal or external combustion engine unless suitable for safe use underground\nDiesel fuel\nIgnition sources\nCigarettes, matches, lighters, naked flame, naked light, firearms\nAt any mine, while carrying, handling or using any explosive or initiating system or within 8 metres of any explosive or initiating system\n\nAt a work area at a mine, where solvents are used\nAt a work area at a mine, where flammable vapours are present\nAt any mine, in a shaft conveyance\nAt any mine, in a refuge chamber during an emergency\nExplosives, detonators and exploders (excluding explosive power tools)\nAll uses at any mine, unless for the purpose of shotfiring\nSchedule 21—Concentration levels for atmospheric contaminants\nSchedule 21 appears in some corresponding WHS laws but does not apply in this State because there is no underground coal mining activity.\nSchedule 22—Matters to be included in emergency plan for a mine\nRegulation 664\n1—Site and hazard detail\n\t1.1\tThe location of the mine, including its street address and the nearest intersection (if any).\nSufficient detail must be provided to enable a person not familiar with the site to find it.\n\t1.2\tThe current mine survey plan required under Chapter 10 Part 5.\n\t1.3\tA brief description of the nature of the mine and mining operations.\n\t1.4\tThe maximum number of persons, including workers, likely to be present at the mine on a normal working day.\n\t1.5\tThe emergency planning assumptions for different emergencies, and likely areas affected.\n\t1.6\tThe protective resources available to control an incident that could result in an emergency.\n\t1.7\tThe emergency response procedures, including procedures for isolating areas of the mine in an emergency.\n\t1.8\tThe infrastructure likely to be affected by an emergency.\n2—Command structure and site personnel\n\t2.1\tThe command philosophy and structure to be activated in an emergency, so that it is clear what actions will be taken, who will take these actions and how, when and where they will be taken.\n\t2.2\tDetails of the person who can clarify the content of the emergency plan if necessary.\n\t2.3\tThe contact details of, and the way to contact, the persons at the mine responsible for liaising with emergency services.\n\t2.4\tA list of 24 hour emergency contacts.\n\t2.5\tArrangements for assisting emergency services.\n3—Notifications\n\t3.1\tIn the event of the occurrence of a notifiable incident or an event that could reasonably be expected to lead to a notifiable incident, procedures for notifying—\n\t(a)\tany person whose health or safety may be affected, even if—\n\t(i)\tthe person is located underground; or\n\t(ii)\tthere is no electrical power that can be used for the notification; and\n\t(b)\tthe emergency services in circumstances where emergency services are required.\n\t3.2\tOn-site and off-site warning systems.\n\t3.3\tContact details for emergency services and other support services that can assist in providing resources and implementing evacuation plans in an emergency.\n\t3.4\tOn-site communication systems.\n4—Resources and equipment\n\t4.1\tOn-site emergency resources, including—\n\t(a)\tfirst aid equipment, facilities, services and personnel; and\n\t(b)\temergency equipment and personnel; and\n\t(c)\tgas detectors, wind velocity detectors, sand, lime, neutralising agents, absorbents, spill bins and decontamination equipment.\n\t4.2\tOff-site emergency resources, including arrangements for obtaining additional external resources (specific to the likely incidents), including mines rescue services, as necessary.\n\t4.3\tArrangements for mines rescue that state the following:\n\t(a)\tthe minimum mines rescue training to be provided;\n\t(b)\tany arrangements for the mine operator and mine operators of mines in the vicinity to assist each other in an emergency;\n\t(c)\thow inertisation equipment is to be used;\n\t(d)\tthe procedures to be followed in carrying out mines rescue.\n\t4.4\tFor an underground mine, a means of communication between the surface of the mine and any underground area of the mine where persons are located, that is effective even if there is no electrical connection between the surface and the relevant underground area.\n5—Procedures\n\t5.1\tProcedures for the safe evacuation of, and accounting for, all persons at the mine.\n\t5.2\tProcedures and control points for utilities, including gas, water and electricity.\n\t5.3\tProcedures in the event of the ventilation system at the mine failing totally or for more than 30 minutes.\n","sortOrder":66},{"sectionNumber":"Sch 23","sectionType":"schedule","heading":"Information to be included in notification of mining incident","content":"Schedule 23—Information to be included in notification of mining incident\nRegulation 675V\n1—Person injured\n\t1.1\tThe name, date of birth and gender of any person who has suffered an illness or injury as a result of the incident.\n\t1.2\tIf a person who has suffered an illness or injury as a result of the incident is a worker, the following information:\n\t(a)\tthe worker's occupation;\n\t(b)\tthe worker's usual start and finish time, and start time on the day of the incident;\n\t(c)\tthe number of hours worked immediately before the incident;\n\t(d)\tthe name of the person conducting the business or undertaking in which the person works;\n\t(e)\tthe nature of the engagement of the worker.\n\t1.3\tIf the worker is self-employed, the name of the business or undertaking.\n\t1.4\tThe industry in which the business or undertaking is primarily conducted.\n2—Incident\n\t2.1\tWhen the incident occurred, including—\n\t(a)\tthe date of the incident;\n\t(b)\tthe time of the incident;\n\t(c)\tin the case of an illness, the date on which the illness was first reported by or on behalf of the person suffering the illness.\n\t2.2\tA description of the incident, including—\n\t(a)\twhat each affected person was doing just before the incident; and\n\t(b)\ta description of all substances, including hazardous chemicals, and all plant and processes involved in the incident; and\n\t(c)\tthe classification of—\n\t(i)\tthe mechanism of the incident; and\n\t(ii)\tthe agency of the illness or injury (that is, how the incident caused the illness or injury); and\n\t(iii)\tthe nature and bodily location of the illness or injury.\n\t2.3\tIn item 2.2(c)—\nclassification means the code assigned by the Types of Occurrence Classification System published by the National Health and Safety Committee, as in force from time to time.\n\t2.4\tItem 2.2(c) applies only in relation to an incident that occurs after 1 January 2015.\n3—Consequences of incident\n\t3.1\tWhether or not the incident has resulted in any of the following:\n\t(a)\ta fatality;\n\t(b)\tpermanent incapacity;\n\t(c)\tthe inability of a worker to work for 1 day or more, not including the incident day, whether the worker is rostered on that day or not;\n\t(d)\tthe worker carrying out restricted work;\n\t(e)\tmedical treatment.\n\t3.2\tAn indication of whether the incident is likely to result in any of the circumstances referred to in item 3.1.\n\t3.3\tAn indication of whether the incident has the potential to result in any of the circumstances referred to in item 3.1.\n","sortOrder":67},{"sectionNumber":"Sch 24","sectionType":"schedule","heading":"Information to be included in mine quarterly report","content":"Schedule 24—Information to be included in mine quarterly report\nRegulation 675W\n1—Meaning of incident\nIn this Schedule—\nincident means—\n\t(a)\ta notifiable incident; or\n\t(b)\tan incident within the meaning of regulation 675V.\n2—Mine holder\nThe name of the mine holder for the mine.\n3—Mine operator\nThe name of the mine operator of the mine.\n4—The mine\nThe location of the mine.\n5—Commodity processed\nA description of the primary commodity processed at the mine site during the reporting period.\n6—Number of workers\nThe average number of workers who worked at the mine site during the reporting period.\n7—Number of hours worked\nThe total number of hours (including additional shifts and overtime) worked at the mine during the reporting period.\n8—Number of incidents\nThe total number of incidents occurring during the reporting period.\n9—Number of lost time injuries\nThe total number of incidents that resulted in the inability of a worker to work for 1 day or more (not including the incident day) during the reporting period.\n10—Days lost from work\nThe total number of days (not including the incident day) lost from work by workers during the reporting period as a result of incidents.\n11—Number of restricted duty days\nThe total number of days on which workers carried out restricted duties during the reporting period as a result of incidents.\n12—Number of workers placed on restricted duties\nThe total number of workers placed on restricted duties during the reporting period as a result of incidents.\n13—Number of medical treatment injuries\n\t13.1\tThe total number of injuries and illnesses of workers arising from incidents that required medical treatment during the reporting period but did not result in the inability of a worker to work for 1 day or more (not including the incident day).\n\t13.2\tIn item 13.1—\nmedical treatment means the management or care of a patient including—\n\t(a)\tthe suturing of a wound;\n\t(b)\tthe treatment of fractures;\n\t(c)\tthe treatment of bruises by drainage of blood;\n\t(d)\tthe treatment of second and third degree burns,\nbut does not include diagnostic procedures, observation, counselling, first aid or therapeutic measures taken solely for preventative purposes.\n14—Number of deaths\nThe total number of deaths that occurred during the reporting period as a result of incidents.\n15—Other information\nThe information set out in Schedule 23 in relation to each incident, if that information has not already been provided to the regulator.\nLegislative history\nNotes\n\t•\tThis version is comprised of the following:\nChapter 1\nChapter 2\nChapter 3\nChapter 4\nChapter 5\nChapter 6\nChapter 7\nChapter 8\nChapter 8A\nChapter 9\nChapter 10\nChapter 11\nSchedule 2\nSchedule 3\nSchedule 4\nSchedule 5\nSchedule 6\nSchedule 7\nSchedule 8\nSchedule 9\nSchedule 10\nSchedule 11\nSchedule 12\nSchedule 13\nSchedule 14\nSchedule 15\nSchedule 16\nSchedule 17\nSchedule 18\nSchedule 19\nSchedule 20\nSchedule 21\nSchedule 22\nSchedule 23\nSchedule 24\n\t•\tVariations of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Work Health and Safety Regulations 2012 revoked the following:\nOccupational Health, Safety and Welfare Regulations 2010\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\nGazette 20.12.2012 p5765\n1.1.2013 except rr 168—170—1.7.2013 and except rr 58, 164, 172—175, 176(2) & (3), 177—182, 298—303, 307—315, 340, 361, 376, 380—382, 390, 391, 402—418, 431—434—1.1.2014 and except rr 429 & 430—1.7.2014 and except r 488—1.1.2015 and except r 348 which was deleted by 235/2015 without coming into operation and except r 347 (as varied by 279/2013 r 4 and further varied by 239/2014 r 4(2))—1.1.2016: r 2\nGazette 6.6.2013 p2360\n1.7.2013: r 2\nGazette 12.12.2013 p4655\n12.12.2013 except rr 5—45, 48, 50—56—1.1.2014: r 2\nGazette 19.6.2014 p2661\n1.7.2014: r 2\nGazette 11.9.2014 p4342\n11.9.2014: r 2\nGazette 11.12.2014 p6735\n11.12.2014: r 2\nGazette 19.3.2015 p1246\nGazette 28.5.2015 p2303\nGazette 18.6.2015 p2811\nGazette 16.7.2015 p3455\n16.7.2015: r 2\nGazette 19.11.2015 p4983\n19.11.2015: r 2\nGazette 26.5.2016 p1908\n1.7.2016: r 2\nGazette 23.6.2016 p2370\n1.7.2016: r 2\nGazette 15.12.2016 p5010\n1.1.2017: r 2\nGazette 16.5.2017 p1222\nGazette 16.5.2017 p1295\nGazette 22.6.2017 p2408\nGazette 14.6.2018 p2156\n1.7.2018: r 2\nGazette 21.6.2018 p2450\n1.7.2018: r 2\nGazette 20.12.2018 p4358\n20.12.2018: r 2\nGazette 14.3.2019 p858\nGazette 13.6.2019 p2101\nGazette 13.6.2019 p2144\nGazette 30.4.2020 p839\n1.7.2020: r 2\nGazette 4.6.2020 p2984\n1.7.2020: r 2\nGazette 24.9.2020 p4668\n24.9.2020: r 2\nGazette 19.11.2020 p5080\n1.1.2021: r 2\nGazette 3.12.2020 p5453\n1.1.2021: r 2\nGazette 10.6.2021 p2143\n1.7.2021: r 2\nGazette 23.6.2022 p1933\n1.7.2022: r 2\nGazette 26.5.2023 p1387\n1.7.2023: r 2\nGazette 3.8.2023 p2606\n1.9.2023: r 2\nGazette 25.8.2023 p3116\n25.12.2023: r 2\nGazette 6.6.2024 p1334\n1.7.2024: r 2\nGazette 27.6.2024 p1938\n1.7.2024: r 2\nGazette 27.6.2024 p1951\n1.9.2024: r 2\nGazette 26.6.2025 p2123\n1.7.2025: r 2\nGazette 30.10.2025 p4288\n1.7.2026: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nCh 1\n\nCh 1 Pt 1\n\nr 2\n\nr 2(3)\n(i) deleted by 279/2013 r 4(1)\nr 2(5)\nvaried by 279/2013 r 4(2)\n\nvaried by 239/2014 r 4(1)\nr 2(6)\ninserted by 239/2014 r 4(2)\n\nvaried by 235/2015 r 4\nr 2\nr 5\n\nADG Code\nvaried by 285/2016 r 4(1)\nAgvet Code\ninserted by 285/2016 r 4(2)\nboiler\nvaried by 279/2013 r 5(1)\n\namended by 83/2023 r 3\nC1 combustible liquid\ninserted by 285/2016 r 4(3)\ncombustible dust\nsubstituted by 279/2013 r 5(2)\ncombustible liquid\ninserted by 279/2013 r 5(2)\ncompetent person\nvaried by 279/2013 r 5(3)\nconcrete placement unit with delivery boom\ndeleted by 279/2013 r 5(4)\nconcrete placing boom\nvaried by 285/2016 r 4(4)\ncontrolled\ninserted by 59/2024 r 3(1)\n\nsubstituted by 60/2024 r 3(1)\ncrystalline silica\ninserted by 60/2024 r 3(2)\ncrystalline silica substance (CSS)\ninserted by 60/2024 r 3(2)\nengineered stone\ninserted by 59/2024 r 3(2)\nexploration site\ninserted by 279/2013 r 5(5)\nexposure standard\nvaried by 279/2013 r 5(6)\nextraction site\ninserted by 279/2013 r 5(7)\nfitness criteria\nvaried by 307/2020 r 4(1)\ngantry crane\nvaried by 279/2013 r 5(8)\nGHS\nvaried by 307/2020 r 4(2)\nGHS 3\ninserted by 307/2020 r 4(3)\nhazardous chemical\nsubstituted by 307/2020 r 4(4)\nhigh risk\ninserted by 60/2024 r 3(3)\nincidental diving work\n(c) deleted by 279/2013 r 5(9)\ninflatable device (continuously blown)\nsubstituted by 279/2013 r 5(10)\ninrush hazard\ninserted by 279/2013 r 5(10)\nlicence holder\nvaried by 307/2020 r 4(5)\nmine\nmine holder\nmine operator\nmineral\nmining operations\npassenger ropeway\nvaried by 279/2013 r 5(12), (13)\nporcelain product\ninserted by 59/2024 r 3(3)\npowered mobile plant\nexamples deleted by 279/2013 r 5(14)\npressure piping\nvaried by 285/2016 r 4(5)\nprimary emergency service organisation\ndeleted by 279/2013 r 5(15)\nprimary emergency service organisations\ninserted by 279/2013 r 5(15)\nprincipal mining hazard\ninserted by 279/2013 r 5(16)\nprocessing\ninserted by 59/2024 r 3(4)\n\nsubstituted by 60/2024 r 3(4)\npsychosocial hazard\ninserted by 92/2023 r 3\npsychosocial risk\ninserted by 92/2023 r 3\nrelevant fee\nvaried by 141/2020 r 4\nrope\ninserted by 279/2013 r 5(17)\nshaft\nvaried by 279/2013 r 5(18)\nsilica risk control plan\ninserted by 60/2024 r 3(5)\nsintered stone\ninserted by 59/2024 r 3(5)\nspecified VET course\nvaried by 279/2013 r 5(19)\nsteam turbine\ninserted by 285/2016 r 4(6)\ntower crane\nvaried by 285/2016 r 4(7), (8)\nturbine\ndeleted by 285/2016 r 4(9)\nwinder\ninserted by 279/2013 r 5(20)\nWorkplace Exposure Standards for Airborne Contaminants\ninserted by 279/2013 r 5(21)\nr 15\n\nnote\ninserted by 92/2023 r 4\nCh 2\n\nCh 2 Pt 1\n\nr 20\n\nr 20(2)\nvaried by 279/2013 r 6\nCh 2 Pt 3\n\nr 24\nvaried by 279/2013 r 7\nCh 3\n\nCh 3 Pt 2 Div 4\n\nr 43\n\nr 43(3)\nvaried by 279/2013 r 8\nCh 3 Pt 2 Div 11\ninserted by 92/2023 r 5\nCh 4\n\nCh 4 Pt 5\n\nr 82\n\nr 82(1a)\nr 82(1b) varied and redesignated as r 82(1a) by 279/2013 r 9(1), (2) \nr 82(1b)\nr 82(1a) redesignated as r 82(1b) by 279/2013 r 9(2) \nr 82(2)\nvaried by 279/2013 r 9(3) \nr 82(3)\ninserted by 279/2013 r 9(4) \nr 84\n\nr 84(1)\nvaried by 279/2013 r 10 \nr 85\n\nr 85(2)\nvaried by 279/2013 r 11(1) \n\nsubstituted by 239/2014 r 5\nr 85(2a)\ninserted by 239/2014 r 5\nr 85(3)\nvaried by 279/2013 r 11(2) \nr 85(4)\nvaried by 279/2013 r 11(3) \nr 91A\ninserted by 279/2013 r 12 \nr 96\nvaried by 285/2016 r 5\nr 98\n\nr 98(1)\nvaried by 285/2016 r 6\nr 104\n\nr 104(1)\nvaried by 279/2013 r 13(1), (2) \nr 105\n\nr 105(5)\nvaried by 58/2017 r 4\nr 106\n\nr 106(1)\nvaried by 279/2013 r 14(1) \nr 106(3) and (4)\ninserted by 279/2013 r 14(2) \nr 108\nsubstituted by 279/2013 r 15 \nr 109\n\nr 109(2)\nvaried by 279/2013 r 16 \nr 127\n\nr 127(1)\nvaried by 285/2016 r 7\nCh 4 Pt 7\n\nr 144\n\nr 144(1)\n\nelectrical equipment\namended by 83/2023 r 4\nr 163\namended by 83/2023 r 5\nr 164A\ndeleted by 285/2016 r 8\nCh 4 Pt 8\n\nr 171\nsubstituted by 279/2013 r 17 \n\nsubstituted by 239/2014 r 6\nr 171(3)\n\nrelevant competencies\nvaried by 307/2020 r 5\nr 171A\n\nr 171A(1)\nr 171A inserted by 279/2013 r 17 \n\nr 171A varied and redesignated as r 171A(1) by 239/2014 r 7(1), (2)\n\nvaried by 307/2020 r 6(1)\nr 171A(2)\ninserted by 239/2014 r 7(2)\n\ndeleted by 307/2020 r 6(2)\nr 172\n\nr 172(1)\nsubstituted by 279/2013 r 18 \nr 173\n\nr 173(1)\nvaried by 279/2013 r 19 \n\nsubstituted by 307/2020 r 7\nr 174\nvaried by 279/2013 r 20 \nr 183\nvaried by 307/2020 r 8\nr 184\nvaried by 307/2020 r 9\nCh 4 Pt 9\ninserted by 83/2023 r 6\n\ndeleted by 59/2024 r 4\nCh 5\n\nCh 5 Pt 1\n\nr 206\n\nr 206(3)\nvaried by 279/2013 r 21 \nr 221\n\nr 221(2)\n\nharness\namended by 83/2023 r 7\nr 223\n\nr 223(6)\nvaried by 307/2020 r 10\nCh 5 Pt 2\n\nr 235\n\nr 235(3)\ninserted by 279/2013 r 22(1) \nr 235(6)\nsubstituted by 279/2013 r 22(2) \nr 235(7)\ndeleted by 279/2013 r 22(2) \nr 238\n\nr 238(1) and (2)\nsubstituted by 279/2013 r 23 \nr 238(3)\ninserted by 92/2023 r 6\nr 239\n\nr 239(1) and (2)\nvaried by 279/2013 r 24(1), (2) \nr 240\n\nr 240(1)\nvaried by 239/2014 r 8(1), (2)\nr 240(2)\nvaried by 239/2014 r 8(3)\nr 241\n\nr 241(2)\nvaried by 239/2014 r 9(1), (2)\nr 241(5)\nvaried by 279/2013 r 25 \n\nvaried by 239/2014 r 9(3)\nr 242\n\nr 242(1)\namended by 92/2023 r 7(1)\nr 242(1a)\ninserted by 92/2023 r 7(2)\nr 242(2)\namended by 92/2023 r 7(3)\nr 242(3) and (4)\ninserted by 92/2023 r 7(4)\nCh 5 Pt 3\n\nr 244\n\nr 244(3)\ninserted by 279/2013 r 26 \nr 252\n\nr 252(2)\nsubstituted by 239/2014 r 10\nr 252(3)\ndeleted by 239/2014 r 10\nr 274\n\nr 274(2)\nvaried by 279/2013 r 27 \nr 279\n\nr 279(2)\nvaried by 239/2014 r 11\nr 280\n\nr 280(5)\nvaried by 58/2017 r 5\nr 288\n\nr 288(1)\nvaried by 285/2016 r 9\nr 288D\nvaried by 239/2014 r 12\nCh 6\n\nCh 6 Pt 1\n\nr 292\nvaried by 183/2015 r 4\nCh 7\n\nCh 7 Pt 1\n\nr 328\n\nr 328(8) before deletion by 285/2016\n\ncombustible liquid\ndeleted by 279/2013 r 31 \nr 328(8)\ndeleted by 285/2016 r 10\nr 335\n\nr 335(2)\nvaried by 285/2016 r 11(1)\nr 335(3)\nvaried by 285/2016 r 11(2)\nr 335(7) and (8)\ninserted by 285/2016 r 11(3)\nr 338\n\nr 338(1)\nr 338 redesignated as r 338(1) by 307/2020 r 11\nr 338(2)\ninserted by 307/2020 r 11\nr 341\n\nr 341(1)\nr 341 redesignated as r 341(1) by 285/2016 r 12\nr 341(2)\ninserted by 285/2016 r 12\n\nsubstituted by 307/2020 r 12\nr 342\n\nr 342(1a)\ninserted by 285/2016 r 13(1)\n\nsubstituted by 307/2020 r 13(1)\nr 342(2a)\ninserted by 285/2016 r 13(2)\n\nsubstituted by 307/2020 r 13(2)\nr 347\n\nr 347(3)\nvaried by 279/2013 r 28 \nnote\nvaried by 239/2014 r 13(1), (2)\n\n1.1.2016\nr 348 before deletion by 235/2015\n\nnote\nvaried by 239/2014 r 14(1), (2)\nr 348\ndeleted by 235/2015 r 5\nr 359\n\nr 359(1)\nvaried by 279/2013 r 29 \nr 361\n\nr 361(2)\nvaried by 279/2013 r 30 \nCh 7 Pt 2\n\nr 394\nvaried by 21/2019 r 4\nr 407\n\nr 407(1)\nvaried by 21/2019 r 5\nr 415\n\nr 415(1)\nvaried by 21/2019 r 6\nr 417\n\nr 417(3)\nvaried by 21/2019 r 7\nCh 8\n\nCh 8 Pt 3\n\nr 421\n\nr 421(1)\nr 421 redesignated as r 421(1) by 279/2013 r 32\nr 421(2)\ninserted by 279/2013 r 32\n\nvaried by 239/2014 r 15\nCh 8 Pt 7\n\nr 458\n\nr 458(3)\nvaried by 239/2014 r 16\nr 459\nvaried by 285/2016 r 14(1), (2)\nCh 8 Pt 8\n\nheading\nvaried by 285/2016 r 15\n\nvaried by 307/2020 r 14\nr 475\n\nr 475(1)\nvaried by 307/2020 r 15(1)\nr 475(2)\nvaried by 307/2020 r 15(2)\nr 475(6)\nvaried by 285/2016 r 16\nnote\ndeleted by 307/2020 r 15(3)\nr 476\n\nr 476(1)\nvaried by 307/2020 r 16(1)\nr 476(2)\nvaried by 307/2020 r 16(2)\nCh 8A\ninserted by 59/2024 r 5\nheading\nsubstituted by 60/2024 r 4\nCh 8A Pt 1\n\nrr 529A—529C\nsubstituted by 60/2024 r 5\nrr 529CA—529CE\ninserted by 60/2024 r 5\nCh 8A Pts 4 and 5\ndeleted by 60/2024 r 6\nCh 8 Pt 10\n\nr 489\nvaried by 307/2020 r 17\nr 491\n\nr 491(2)\nvaried by 279/2013 r 33\nr 513\n\nr 513(1)\nvaried by 285/2016 r 17\nr 517\n\nr 517(3)\nvaried by 279/2013 r 34\nr 519\n\nr 519(5)\nvaried by 58/2017 r 6\nCh 9\n\nCh 9 Pt 1\n\nr 530\n\nr 530(2)\nvaried by 285/2016 r 18\nCh 9 Pt 2\n\nr 547\n\nr 547(1)\nvaried by 279/2013 r 35\nCh 9 Pt 3\n\nr 552\nvaried by 279/2013 r 36\nr 557\n\nr 557(9)\ninserted by 279/2013 r 37\nr 558\n\nr 558(5)\ninserted by 279/2013 r 38\nr 559\n\nr 559(1)\nvaried by 279/2013 r 39(1), (2)\nr 559(5) and (6)\ninserted by 279/2013 r 39(3)\nCh 9 Pt 7\n\nr 598\nvaried by 279/2013 r 40\nr 599\n\nr 599(3)\nvaried by 58/2017 r 7\nCh 10\nsubstituted by 279/2013 r 41\nr 615A\ninserted by 295/2020 r 4\nr 675S\n\nr 675S(2)\nsubstituted by 276/2020 r 4(1)\nr 675S(5)\n\nGeocentric Datum of Australia\ndeleted by 276/2020 r 4(2)\nGeocentric Datum of Australia 1994 or GDA94\ninserted by 276/2020 r 4(2)\nGeocentric Datum of Australia 2020 or GDA2020\ninserted by 276/2020 r 4(2)\nCh 11\n\nCh 11 Pt 1\n\nr 676\n\nr 676(1)\nvaried by 279/2013 r 42(1), (2)\n\namended by 59/2024 r 6\nr 683\n\nr 683(1)\nvaried by 58/2017 r 8(1)\nr 683(2)\nvaried by 58/2017 r 8(2)\nr 683(3)—(6)\ndeleted by 58/2017 r 8(3)\nCh 11 Pt 1A before deletion by 58/2017\n\nr 683A\n\nr 683A(1)\nvaried by 279/2013 r 43\nr 683B\n\nr 683B(1) and (2)\nvaried by 279/2013 r 44\nCh 11 Pt 1A\ndeleted by 58/2017 r 9\nCh 11\n\nCh 11 Pt 2 Div 1\n\nr 684\n\nr 684(4)\namended by 59/2024 r 7\nCh 11 Pt 2 Div 3A\ninserted by 59/2024 r 8\nCh 11 Pt 2 Div 4\n\nr 692\namended by 59/2024 r 9\nrr 694 and 695\nsubstituted by 59/2024 r 10\nr 698\n\nr 698(2)\namended by 59/2024 r 11\nCh 11 Pt 3\n\nr 699A\ninserted by 279/2013 r 45\nr 702\nvaried by 239/2014 r 17\n\nvaried by 32/2015 r 4\nr 704\n\nr 704(1)\nvaried by 21/2019 r 8\nr 705\nvaried by 141/2020 r 5\nr 706\n\nr 706(1)\nvaried by 32/2015 r 5(1), (2)\nr 706(3)\nsubstituted by 32/2015 r 5(3)\nr 706(5)\nvaried by 32/2015 r 5(4)\nr 707\n\nr 707(1)\nvaried by 141/2013 r 4(1), (2)\n\nvaried by 137/2014 r 4(1), (2)\n\nvaried by 52/2015 r 4(1), (2)\n\nvaried by 38/2016 r 4(1), (2)\n\nvaried by 35/2017 r 4(1), (2)\n\nvaried by 71/2018 r 4(1), (2)\n\nvaried by 156/2019 r 4(1), (2)\n\nvaried by 49/2020 r 4(1), (2)\n\nvaried by 75/2021 r 4(1), (2)\n\namended by 48/2022 r 3(1), (2)\n\namended by 52/2023 r 3(1), (2)\n\namended by 42/2024 r 3(1), (2)\n\namended by 54/2025 r 3(1), (2)\nr 707(2)\nvaried by 141/2013 r 4(1)\n\nvaried by 137/2014 r 4(1)\n\nvaried by 52/2015 r 4(1), (3)\n\nvaried by 38/2016 r 4(1)\n\nvaried by 35/2017 r 4(1)\n\nvaried by 71/2018 r 4(1)\n\nvaried by 156/2019 r 4(1)\n\nvaried by 141/2020 r 4(1)\n\nvaried by 75/2021 r 4(1)\n\namended by 48/2022 r 3(1)\n\namended by 52/2023 r 3(1)\n\namended by 42/2024 r 3(1)\n\namended by 54/2025 r 3(1)\nCh 11 Pt 4\n\nr 720\n\nr 720(3)\nsubstituted by 239/2014 r 18\nr 723\nsubstituted by 279/2013 r 46\nr 726 before deletion by 307/2020\n\nr 726(1)\nsubstituted by 279/2014 r 4\n11.12.2014\nr 726(2)\nvaried by 279/2013 r 47\n\nvaried by 239/2014 r 19\n\nvaried by 285/2016 r 19\n\nvaried by 252/2018 r 4\n20.12.2018\nr 726\ndeleted by 307/2020 r 18\nr 730\n\nr 730(1) and (2)\nvaried by 279/2013 r 48\nr 736\nvaried by 239/2014 r 20\n\n(c) deleted by 239/2014 r 20\nr 737\nvaried by 279/2013 r 49\n\nvaried by 239/2014 r 21\nr 742\ndeleted by 58/2017 r 10\nCh 11 Pt 5\ninserted by 59/2024 r 12\nSch 1\nSch 2\nvaried by 141/2020 r 6\ncl 1\nsubstituted by 141/2013 r 5\n\nvaried by 279/2013 r 50(1), (2)\n\nsubstituted by 137/2014 r 5\n\nvaried by 239/2014 r 22\n\nsubstituted by 160/2015 r 4\n\nsubstituted by 140/2016 r 4\n\nsubstituted by 153/2017 r 4\n\nsubstituted by 165/2018 r 4\n\nsubstituted by 151/2019 r 4\n\ndeleted by 141/2020 r 6\ncl 2\ndeleted by 141/2020 r 6\nSch 3\n\ncl 1\nvaried by 279/2013 r 51(1)—(8)\n\nvaried by 285/2016 r 20(1)—(3)\nSch 4\n\ncl 1\nvaried by 285/2016 r 21(1)—(3)\nSch 5\n\ncl 1\nvaried by 279/2013 r 52(1), (2)\n\nvaried by 239/2014 r 23\n\nvaried by 285/2016 r 22(1)\n\nvaried by 307/2020 r 19(1)\ncl 2\n\ncl 2(1)\nvaried by 279/2013 r 52(3), (4)\n\nvaried by 307/2020 r 19(2), (3)\ncl 2(2)\nvaried by 285/2016 r 22(2)\ncl 3\nvaried by 279/2013 r 52(5)\n\nvaried by 285/2016 r 22(3)\n\nvaried by 307/2020 r 19(4)\ncl 4\n\ncl 4(1)\nsubstituted by 279/2013 r 52(6)\n\nvaried by 307/2020 r 19(5), (6)\nSch 6\nvaried by 307/2020 r 20(1)—(5)\nSch 7\n\ncl 1\nvaried by 307/2020 r 21(1), (2)\ncl 2\nvaried by 21/2019 r 9\nSch 8\n\ncl 2\nvaried by 307/2020 r 22(1)\ncl 3\nvaried by 307/2020 r 22(2)\nSch 10\n\nTable 10.3\nvaried by 279/2013 r 53\nSch 11\n\ncl 1\nvaried by 307/2020 r 23\nSch 13\n\ncl 3\n\ncl 3(3)\n\nred\nvaried by 285/2016 r 23\n\namended by 83/2023 r 8(1)\ncl 5\n\ncl 5(3)\namended by 83/2023 r 8(2)\nSch 15\n\ncl 1\n\nLD50 (median lethal dose) for acute oral toxicity\nLD50 for acute dermal toxicity\nLC50 for acute toxicity on inhalation\ncl 6\n\nTable 15.3\nsubstituted by 239/2014 r 24(2)\nSch 16\nvaried by 279/2013 r 54\nSch 18A before deletion by 58/2017\nSch 19 redesignated as Schedule 18A by 279/2013 r 55\nSch 18A\ndeleted by 58/2017 r 11\nSchs 19—24\ninserted by 279/2013 r 56\nHistorical versions\n\n11.12.2014\n\n1.1.2015\n\n1.1.2016\n\n20.12.2018\n\n","sortOrder":68}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":840},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2012 scope. Major additions include: Chapter 8A on crystalline silica with a near-total prohibition on engineered stone work (2024 amendments); Division 11 on psychosocial risks (mental health and workplace stress); expanded health monitoring requirements; and increasingly prescriptive controls for high-risk industries. The original regulations focused primarily on physical hazards, but now encompass psychological health, emerging chemical risks, and complex supply chain duties."},"complexity_factors":["Extensive cross-referencing between chapters and schedules (e.g., Schedule 3 for high-risk work classes, Schedule 5 for plant registration, Schedule 10 for carcinogens)","Multiple nested definitions and conditional exceptions (e.g., regulation 82 has 5 sub-paragraphs with exceptions to licensing requirements)","24 chapters covering distinct regulatory domains, each with multiple parts and divisions","Heavy reliance on incorporated documents and standards (AS/NZS, GHS, ADG Code) with version-specific references","Complex licensing and registration schemes with multiple classes, conditions, renewal processes, and review mechanisms (e.g., high-risk work licences, asbestos removal licences, plant design registration)","Temporal provisions with multiple phase-in dates (e.g., lead exposure standards changing 1 July 2021, engineered stone prohibitions with transitional arrangements)","Dual penalty structures with expiation fees and maximum penalties varying by offence type and entity (individual vs body corporate)","Extensive record-keeping requirements with varying retention periods (28 days, 2 years, 5 years, 30 years, 40 years depending on context)","Specific technical thresholds throughout (e.g., 10 square metres for asbestos, 0.01 fibres/ml for air monitoring, 1% crystalline silica concentration)","Psychosocial hazards and engineered stone provisions represent recent expansions of regulatory scope"],"plain_english_summary":"These regulations set out detailed workplace health and safety rules for South Australia, covering everything from basic risk management to highly specific hazards. **Who it affects:** Anyone running a business or undertaking (employers, self-employed, contractors), workers, designers, manufacturers, importers, and suppliers of plant and structures. **What it does:**\n\n- **General duties:** Requires businesses to identify hazards, assess risks, and use a hierarchy of controls—first trying to eliminate risks, then substituting, isolating, using engineering controls, administrative controls, and finally personal protective equipment.\n- **Specific hazards:** Detailed rules for noise exposure, manual handling, confined spaces, working at heights, high-risk work (requiring licences), demolition, electrical safety, diving work, and psychosocial risks (workplace stress and mental health).\n- **Plant and equipment:** Extensive requirements for designing, manufacturing, importing, supplying, installing, and maintaining plant—including registration of high-risk plant designs and items like cranes, lifts, and amusement devices.\n- **Construction:** Special rules for construction work, including safe work method statements for high-risk work, excavation safety, and duties of principal contractors.\n- **Hazardous chemicals:** Comprehensive system for classifying, labelling, providing safety data sheets, and managing risks from hazardous chemicals—including prohibited and restricted carcinogens, lead, and crystalline silica (with a near-total ban on engineered stone work).\n- **Asbestos:** Strict licensing system for asbestos removal (Class A for friable, Class B for non-friable), requirements for asbestos registers and management plans, and health monitoring for exposed workers.\n- **Major hazard facilities and mines:** Special regimes for facilities storing large quantities of hazardous chemicals and for mining operations, including safety management systems and emergency planning.\n\n**Why it matters:** These regulations translate broad duties in the Work Health and Safety Act into specific, enforceable requirements. Breaches can result in significant penalties (up to $42,000 for body corporates for some offences). The regulations aim to prevent deaths, injuries, and illnesses by requiring systematic risk management, competent persons for specialised work, and detailed record-keeping."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not successfully retrieved. The content provided is solely a '404 Page Not Found' error from the SA legislation website, containing no substantive legislative material."},"complexity_factors":["No actual legislative text was retrievable — the source content is a website error page, not legislation","No provisions, schedules, definitions, or operative clauses are present to analyse","Complexity cannot be meaningfully assessed without the underlying document"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation text provided does not actually contain the **Work Health and Safety Regulations 2012 (SA)**. Instead, the content is a **'Page Not Found' error** from the South Australian legislation website, likely because the link or bookmark used to retrieve the document became outdated following a website update on 24 March 2026.\n\n**What this means for you:** No analysis of the actual regulations can be provided from this content. If you need information about SA's Work Health and Safety Regulations 2012, you should:\n- Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the document\n- Update any old bookmarks or hyperlinks to the legislation\n- Contact the SA Office of Parliamentary Counsel at OPCWeb@sa.gov.au if you encounter errors\n\n**What the WHS Regulations 2012 generally cover (from general knowledge):** These regulations sit under the *Work Health and Safety Act 2012 (SA)* and set detailed rules for managing workplace hazards — covering things like hazardous chemicals, construction site safety, electrical work, falls, noise, and more. They affect **employers, workers, contractors, and business owners** across South Australia."}},"importantCases":[],"_links":{"self":"/api/acts/work-health-and-safety-regulations-2012","history":"/api/acts/work-health-and-safety-regulations-2012/history","analysis":"/api/acts/work-health-and-safety-regulations-2012/analysis","conflicts":"/api/acts/work-health-and-safety-regulations-2012/conflicts","importantCases":"/api/acts/work-health-and-safety-regulations-2012/important-cases","documents":"/api/acts/work-health-and-safety-regulations-2012/documents"}}