(a) to prevent the occurrence of injury, and reduce the severity of injuries, resulting from manual handling tasks; and
(b) to require employers to identify, assess and control risks relating to manual handling tasks.
2 Definition of manual handling
In this Schedule:
manual handling means an activity requiring the use of force exerted by a person to lift, lower, push, pull, carry or otherwise move, hold or restrain any person, animal or thing.
Division 2—Duties of an employer
3 Duties of an employer—general
Offence—breach of duty—risk to employees and other people in the workplace
(1) An employer that controls a workplace must ensure that:
(a) the plant and the containers used at the workplace are designed, constructed and maintained to be without risk to health and safety when manually handled; and
(b) the work systems involving manual handling carried out at the workplace are designed to be without risk to health and safety for the purposes of manual handling; and
(c) the working environment of the workplace is designed to allow the safe performance of manual handling tasks.
Note 1: This subclause addresses an employer’s duties in relation to employees, contractors and other persons at a workplace within the meaning of section 4 of the Act.
Note 2: Plant is defined in section 4 of the Act to include any machinery, equipment or tool, and any component thereof.
Defence
(2) Subclause (1) does not apply if the employer complied with the subclause as far as reasonably practicable.
Note: A defendant bears an evidential burden in relation to the matter mentioned in subclause (2) (see section 13.3 of the Criminal Code).
Offence—breach of duty—risk to employees at work
(3) An employer under whose control an employee performs work must ensure that:
(a) the plant and the containers used by the employee are designed, constructed and maintained to be without risk to health and safety when manually handled; and
(b) the work systems involving manual handling carried out by the employee are designed to be without risk to health and safety for the purposes of manual handling; and
(c) the working environment of a place at which the employee performs work is designed to allow the safe performance of manual handling tasks.
Note: This offence applies regardless of whether or not the work is performed at a workplace.
Schedule Sch 2 - Occupational Health and Safety (Maritime Industry) Regulations 2026 - National standards for manual handling | Zoe
Defence
(4) Subclause (3) does not apply if the employer complied with the subclause as far as reasonably practicable.
Note: A defendant bears an evidential burden in relation to the matter mentioned in subclause (4) (see section 13.3 of the Criminal Code).
4 Duties of an employer—risk assessment
Offence—breach of duty—risk assessment—manual handling tasks
(1) An employer must ensure that:
(a) a manual handling task that is likely to be a risk to health and safety is examined; and
(b) the risk is assessed in accordance with subclause (2).
(2) The employer must take into account as many of the following matters as are relevant in assessing a risk for the purposes of subclause (1):
(a) the actions and movements involved in the task;
(b) the layout of:
(c) the layout of the workstation at which the task is carried out;
(d) the posture and position that must be taken by each individual involved in carrying out the task;
(e) the duration of the task;
(f) the frequency with which the task is carried out;
(g) the location of each load involved in the task;
(h) the distance that a load is moved as part of the task;
(i) the weight involved in the task;
(j) the force required to carry out the task;
(k) the characteristics of each load involved in the task;
(l) the characteristics of any plant that is used in the course of carrying out the task;
(m) the organisation of work at:
(n) the work environment of:
(o) the skills and experience of each individual involved in carrying out the task;
(p) the age of each individual involved in carrying out the task;
(q) the clothing worn by each individual involved in carrying out the task;
(r) the special needs of each individual involved in carrying out the task;
(s) if the workplace is, or is on, a vessel—the stability of the vessel;
(t) any other matter that is considered relevant following any consultations relating to the assessment that are required under the Act or this instrument.
(3) Strict liability applies to the physical element in paragraph (2)(t) that the consultations are required under the Act or these Regulations.
5 Duties of an employer—risk control
Offence—breach of duty—risk control
(1) An employer must ensure that all risks to health and safety relating to carrying out a manual handling task are controlled in accordance with subclauses (3) to (5).
(2) Subclause (1) does not apply if the employer complied with the subclause as far as reasonably practicable.
Note: A defendant bears an evidential burden in relation to the matter mentioned in subclause (2) (see section 13.3 of the Criminal Code).
Risk controls for manual handling tasks
(3) The employer must:
(a) subject to subclause (5)—redesign the task:
(i) to eliminate or minimise the risk assessed under clause 4; or
(ii) if it is not practicable to eliminate or minimise an assessed risk—to control the risk; and
(b) provide appropriate training to employees involved in carrying out the task, including training in safe manual handling techniques; and
(c) if possible, schedule the task for the lowest risk period of the operation.
Note: For paragraph (c), for example, the period of lowest risk for a task may be when the vessel on which the task is carried out is at dock, rather than at sea.
(4) If the redesign of the task in accordance with paragraph (3)(a) is reasonably practicable, but cannot be implemented within a reasonable time after a risk is identified, the employer must, as soon as practicable after identifying the risk, and until the task has been redesigned:
(a) implement as many of the following measures as are appropriate to control the risk:
(i) the provision of mechanical aids to manual handling;
(ii) the provision of personal protective equipment;
(iii) manual handling by team lifting; and
(b) provide appropriate training to employees for each measure implemented under paragraph (a).
(5) If it is not reasonably practicable for an employer to redesign the task in accordance with paragraph (3)(a), the employer must undertake the actions referred to in paragraphs (4)(a) and (b).
Division 3—Duties of an employee
6 Duties of an employee—use of training
Offence—breach of duty—tasks must be carried out in accordance with safe manual handling training
(1) An employee who has been given training in safe manual handling techniques in accordance with paragraph 5(3)(b) must carry out manual handling tasks in accordance with the training.
(2) Strict liability applies to the physical element in subclause (1) that the training in safe manual handling techniques is in accordance with paragraph 5(3)(b).
(3) Subclause (1) does not apply if the employee complied with the subclause as far as reasonably practicable.
Note: A defendant bears an evidential burden in relation to the matter mentioned in subclause (3) (see section 13.3 of the Criminal Code).
Offence—breach of duty—tasks must be carried out in accordance with training implemented to address risk
(4) An employee who has been given training to give effect to a measure implemented under subclause 5(4) or (5) must carry out manual handling tasks in accordance with the training.
(5) Strict liability applies to the physical element in subclause (4) that the training is to give effect to a measure implemented under subclause 5(4) or (5).
(6) Subclause (4) does not apply if the employee complied with the subclause as far as reasonably practicable.
Note: A defendant bears an evidential burden in relation to the matter mentioned in subclause (6) (see section 13.3 of the Criminal Code).