Occupational Health and Safety Regulations 2017

Division 5—Transitional provisions—engineered stone licences 305

319ZC Health monitoring to be conducted by specialist registered medical practitioner 305

319ZD Providing health monitoring reports to the Authority 306

319ZE Statement of work 307

Chapter 5—Hazardous industries 308

Part 5.1—Construction 308

Division 1—Introductory matters 308

320 Application of Part 308

321 What is construction work? 308

322 What is high risk construction work? 309

323 What is a structure? 311

324 What is a safe work method statement? 311

Division 2—Control of risk 312

Subdivision 1—Duties of employers and self-employed persons 312

325 Control of risk 312

326 Review of risk control measures 313

327 Safe work method statement required for high risk construction work 314

328 Safe work method statement to be reviewed and revised 315

329 Copy of safe work method statement to be kept 316

330 Site-specific training 316

331 Emergency procedures 316

Subdivision 2—Duties of principal contractors 318

332 Application of Subdivision 318

333 Who is the principal contractor for a construction project? 319

334 Signage of principal contractor 319

335 Health and safety co-ordination plans 320

336 Content of health and safety co-ordination plans 320

337 Health and safety co-ordination plan available for inspection 321

Division 3—Construction induction training 322

338 Application of Division 322

339 Construction induction training to be provided 322

340 Requirement to hold a current construction induction card 323

341 Employer must not allow a person to perform construction work unless the person holds a current construction induction card 323

342 Exemptions 323

343 Offence to refuse to accept a current construction induction card 325

344 Application for construction induction card 325

345 Authority may refuse to recognise or accept a construction statement of attainment obtained by fraud 326

346 Construction induction card 326

347 Construction induction card to be of unlimited duration 327

348 Destruction, loss and replacement of construction induction cards 327

349 Lapse of construction induction cards 327

350 Authority may cancel construction induction card based on false or misleading information 327

351 Authority may cancel construction induction card on request 329

352 Construction induction card to be kept available 329

353 Changes to information provided 329

Division 4—Notice of construction excavation work 330

354 Application of Division 330

355 Requirement to notify intention to perform construction excavation work 331

Part 5.2—Major hazard facilities 333

Division 1—Introductory matters 333

356 Application of Part 333

357 Schedule 14 materials 333

Division 2—Requirement to be licensed or registered 334

358 Only licensed or registered major hazard facility to be operated 334

Division 3—Authority may require information 335

359 Authority may require information 335

Division 4—Determination of major hazard facility 335

360 Operators of certain facilities to notify Authority 335

361 Changes to information provided 337

362 Inquiry before making determination 337

363 Authority may determine facility to be a major hazard facility—notice 338

364 Authority may determine facility to be a major hazard facility—own initiative 338

365 Written notice of determination 339

366 Effect of determination 339

Division 5—Duties of operator of a registered major hazard facility 339

367 Outline of safety case 339

Division 6—Safety duties of operators 341

368 Identification of major incidents and major incident hazards 341

369 Safety assessment 342

370 Operator to keep safety assessment available 344

371 Control of risk 344

372 Safety management system 345

373 Operator to keep safety management system available 345

374 Review of safety management system 346

375 Emergency plan 346

376 Emergency plan to be kept and sent to emergency services and municipal councils 347

377 Emergency plan must be tested 348

378 Emergency plan to be put into action if a major incident occurs 348

379 Review by operator 349

380 Safety role for employees 351

Division 7—Controls under Dangerous Goods Act 1985—Protection of property 352

381 Risk control measures 352

382 Property protection assessment 352

383 Review of property protection assessment 353

Division 8—Safety case 353

384 Operator to provide safety case 353

385 Content of safety case 354

386 Co-ordination of safety cases 355

387 Review of safety case 356

Division 9—Consulting, informing, instructing and training 357

388 Consultation with employees and health and safety representatives 357

389 Information, instruction and training 358

390 Record of training 359

391 Further information and access to documents 359

392 Response to employee alert at major hazard facility 360

393 Information and instruction to non-employees at the facility 360

394 Information to local community 360

395 Content of information 361

396 Consultation with municipal councils 362

397 Further information on request 363

Division 10—Duties of employees 363

398 General requirements 363

Part 5.3—Mines 365

Division 1—Introductory matters 365

399 What is a mine? 365

400 What is a mining hazard? 365

401 What is a prescribed mine? 366

402 Inquiry before making determination 366

403 Authority may determine that a mine is a prescribed mine 367

Division 2—Safety duties of mine operators 368

Subdivision 1—Risk control in all mines 368

404 Identification of mining hazards and assessment of risk 368

405 Control of risk 368

406 Review by operator of a mine 370

Subdivision 2—Specific safety duties in all mines 371

407 Application of this Subdivision 371

408 Who may enter mine 371

409 Alcohol and drugs 373

410 Employee fatigue 374

411 Health monitoring 374

412 Report of health monitoring 375

413 Notice to Authority 376

414 Report provided on person ceasing work at mine 377

415 Communication in the event of an employee working alone 377

416 Communication in respect of shift change-over 377

Subdivision 3—Additional duties in prescribed mines 378

417 Application of this Subdivision 378

418 Safety management system 378

419 Operator to keep safety management system available 379

420 Review of safety management system 380

421 Safety assessment of major mining hazards 380

422 Operator to keep safety assessment available 382

423 Testing risk control measures for major mining hazards 382

423A Operators of prescribed mines to notify Authority 382

423B Changes to information provided—prescribed mines 383

424 Safety role for employees 383

425 Shafts and winding 384

426 Progress of mine workings 386

427 Emergency exit 387

428 Filling 388

429 Working environment 388

430 Ventilation system 389

431 Record of monitoring and testing 389

432 Prohibitions 390

433 Emergency plan 390

434 Emergency plan to be kept and sent to emergency services and municipal councils 391

435 Emergency plan must be tested 392

436 Self-rescue 392

437 Plan of mine 393

438 Plan of mine to be available for inspection 394

Division 3—Consultation and information 394

439 Consultation with employees and health and safety representatives 394

440 Information about adoption of risk control measure 395

441 Information, instruction and training 395

442 Record of training 396

443 Further information and availability of documents in respect of prescribed mines 396

444 Response to employee alert at prescribed mine 397

445 Information and instruction to non-employees 397

446 Information to job applicants 398

Division 4—Duties of employees 398

447 General requirements 398

448 Major mining hazards in prescribed mines 399

Chapter 6—Licensing and registration 400

Part 6.1—Licences 400

Division 1—Applications 400

Subdivision 1—General provisions 400

449 Matters to be included in licence application 400

450 Application fees—high risk work licences 401

451 Application fees—asbestos removal licences 401

452 Matters to be satisfied before licence can be granted 403

453 Time for processing licence application 405

454 Authority may request additional information 405

455 Procedure if the Authority proposes to refuse to grant licence 407

456 Form of evidence of licence document 408

457 When licence starts and ends 409

Subdivision 2—Additional provisions in relation to a high risk work licence 410

458 Additional information to be included in high risk work licence application 410

459 Additional matters to be satisfied before high risk work licence can be granted 410

Subdivision 3—Additional provisions in relation to an asbestos removal licence 412

460 Restriction on who may apply for asbestos removal licence 412

461 Scope of licence 412

462 Additional information to be included in asbestos removal licence application 412

463 Additional matters to be satisfied before asbestos removal licence can be granted 414

Subdivision 4—Additional provisions in relation to a carcinogens licence 415

464 Restriction on who may apply for carcinogens licence 415

465 Additional information to be included in carcinogens licence application 415

466 Fee to be paid before a carcinogens licence can be granted 416

Subdivision 5—Additional provisions in relation to a major hazard facility licence 417

467 Restriction on who may apply for major hazard facility licence 417

468 Time limit for applications in relation to a registered major hazard facility 417

469 Additional information to be included in major hazard facility licence application 417

470 Additional matters to be satisfied before major hazard facility licence can be granted 417

471 Additional time limits for notifying applicants 418

472 Fee to be paid before major hazard facility licence can be granted 419

Division 2—Other provisions concerning a licence 420

Subdivision 1—General 420

473 Authority may impose terms and conditions on licence 420

474 Licence holder must comply with terms and conditions 422

475 Changes to information given in relation to a licence 422

476 Licence holder to keep evidence of licence available 423

477 Replacement of lost, stolen or destroyed licence documents 423

478 Nomination of additional asbestos removal supervisors 424

Subdivision 2—Additional provisions in relation to a major hazard facility licence 424

479 Transfer of a major hazard facility licence 424

480 Notice of major hazard facility licence details in the Government Gazette 425

481 Additional requirements concerning availability of copy of major hazard facility licence 425

Division 3—Amendment of licence 426

482 Authority may amend licence unilaterally 426

483 Authority may amend licence at the request of the licence holder 427

484 Evidence of licence document to be returned on request if licence amended 428

Division 4—Renewal of licence 429

485 Application for the renewal of licence (except a high risk work licence) 429

486 Notice of intention to renew or refuse to renew a licence (except a high risk work licence) 430

487 Procedure if the Authority proposes to refuse to renew licence (except a high risk work licence) 430

488 Additional time limits for notifying applicants 431

489 Time in which licence continues to have effect 432

490 Application for the renewal of high risk work licence 433

491 Combining interstate and Victorian high risk work licences on renewal 436

492 Renewal fees for certain licences 436

493 Fee to be paid before carcinogens licence can be renewed 437

494 Additional information required for the renewal of major hazard facility licence 437

495 Fee to be paid before major hazard facility licence can be renewed 437

Division 5—Suspension and cancellation of a licence 438

496 Grounds for suspension or cancellation 438

497 Matters that may be taken into account 440

498 Automatic suspension or cancellation of a high risk work licence 441

499 Process for suspending or cancelling a licence in all other cases 442

500 Extension of date of suspension or cancellation if review sought 444

501 Partial suspension or cancellation of high risk work licence 446

502 Flow on suspension or cancellation of some classes of high risk work licence 447

503 Authority may grant alternative asbestos removal licence 448

504 Inquiry into an interstate high risk work licence 448

505 Request to suspend or cancel licence 449

506 Evidence of licence document of suspended or cancelled licence must be surrendered on demand 449

Part 6.2—Registration 450

Division 1—Application of Part 450

507 Application of this Part 450

Division 2—Registration of plant designs 450

508 Application for registration of plant design 450

509 Information to be included in application for registration of plant design 450

510 Duties of various persons associated with design verification 452

511 Authority to notify applicant of deferral 453

512 Notice of registration 453

513 Registration to be of unlimited duration 454

Division 3—Registration of a major hazard facility 454

514 Eligibility to apply for registration to operate a major hazard facility 454

515 Registration of a major hazard facility 455

516 Notice of registration 455

517 Registration expiry date 456

518 Variation of registration expiry date 457

519 Expiry of registration 457

Division 4—Withdrawal of registration 458

520 Authority may withdraw registration based on false, misleading or incomplete information 458

521 Authority may withdraw registration on request 460

Division 5—General 460

522 Evidence of registration to be kept available 460

523 Changes to registration information provided 460

Part 6.3—Review of decisions 461

524 What is a reviewable decision? 461

525 What is a process review? 462

526 Who may apply for a process review 462

527 Time limits when applying for a process review 463

528 Review by the Authority 463

529 Process for new decisions to be started within 7 days 464

530 Right of Tribunal review 464

531 Notices of decisions must contain a copy of review rights 465

Chapter 7—Administrative matters and exemptions 467

Part 7.1—Administrative matters 467

Division 1—Applications and notices 467

532 Form and information to be supplied 467

533 Return of incomplete applications or notices 467

Division 2—Notices 468

534 Means of giving written notice 468

Division 3—Submissions 468

535 Form of submissions to the Authority 468

Division 4—Entry permits for authorised representatives 468

536 Information to be included in entry permits 468

Part 7.2—Exemptions 470

537 Authority may grant exemptions from these Regulations 470

538 Exemptions in relation to high risk work 471

539 Who may apply for an exemption 471

540 Consultation 471

541 Applications 472

542 Grounds on which an exemption (other than in relation to high risk work) may be granted 473

543 Grounds on which an exemption in relation to high risk work may be granted 474

544 Conditions 475

545 Form and contents of exemptions 477

546 Notice of exemptions to be given to individual applicants 478

547 Notice of exemptions to be published 478

548 Additional obligation on the operator of a mine 479

549 Notice of refusal 479

550 Variation or revocation of exemption 479

551 Exemptions, revocations and variations not to have retrospective effect 480

552 Terms and conditions to be made available 480

553 Fee for considering exemption application 480

Chapter 7A—Workplace Incidents Consultative Committee 482

553A Objective of this Chapter 482

553B Definitions 482

553C Membership of the Committee 483

553D Appointment of members who are affected persons 483

553E Terms of appointment and reappointment of members who are affected persons 484

553F Appointment of government co‑chairperson 484

553G Provision of expert and technical advice 485

553H Vacancies in Committee membership 486

553I Circumstances for acting non-government co-chairperson 487

553J Appointment of acting government co‑chairperson 488

553K Meetings of the Committee 488

553L Committee support 489

553M Duty to declare conflict of interest 489

553N Confidentiality 490

553O Review of this Chapter's operation 490

Chapter 7B—Enforcement 491

553P Infringement offences and infringement penalties 491

Chapter 8—Saving and transitional provisions 492

Part 8.1—General transitional provisions 492

554 Commencement day 492

555 General transitional provisions 492

556 Former Regulations 492

557 Licence classes for pressure equipment operation 492

558 Construction 493

559 Major hazard facilities—12 months transition period 494

560 Major hazard facilities—Other transition periods 495

560A GHS—24 months transition period 495

Schedule 1—Revocation of Regulations 497

Schedule 2—Plant requiring registration of design 498

Schedule 3—High risk work licence classes 501

Schedule 4—Pressure equipment for which high risk work licence is not required 511

Schedule 5—High risk work—competency requirements 513

Schedule 6—Hazardous substances prohibited for specified uses 516

Schedule 7—Classification of mixtures 517

Schedule 8—Disclosure of ingredients in safety data sheets 522

Schedule 9—Hazardous substances—requirements for health monitoring 526

Schedule 10—Prohibited carcinogenic substances 527

Schedule 11—Restricted carcinogenic substances 528

Schedule 12—Information required to be included in an asbestos control plan 529

Schedule 13—Information required to be included in a notice of asbestos removal work 531

Schedule 14—Materials and their threshold quantities 533

Schedule 15—Additional matters to be included in major hazard facility safety management system 549

Schedule 16—Matters to be included in major hazard facility emergency plan 553

Schedule 17—Additional matters to be included in major hazard facility safety case 557

Schedule 18—Information to be included in a notice under regulations 360 and 423A or an application for registration under regulation 514 562

Schedule 19—Entry permit statement 564

Schedule 20—Infringement offences and infringement penalties 566

═════════════

Endnotes 570

1 General information 570

2 Table of Amendments 572

3 Explanatory details 574

Version No. 016

Occupational Health and Safety Regulations 2017

S.R. No. 22/2017

Version incorporating amendments as at

Chapter 1—Preliminary

Part 1.1—Introductory matters

1 Objectives

The objectives of these Regulations are—

(a) to further the objects of the Occupational Health and Safety Act 2004 by—

(i) providing for health and safety in relation to workplaces and hazards, activities and things at workplaces; and

(ii) providing for the management of asbestos-containing materials in workplaces, the removal of asbestos, and the licensing of asbestos removalists; and

(iii) providing for the safe operation of major hazard facilities and mines in order to reduce the likelihood of a serious incident occurring; and

(iv) specifying training requirements for certain persons engaged in construction work at workplaces; and

(v) providing for the licensing of certain persons engaged in high risk work at workplaces; and

(vi) providing procedures for the resolution of health and safety issues at workplaces; and

(vii) specifying the information to be included in entry permits issued under Part 8 of the Act; and

(viii) providing for other matters that are required or permitted by the Act or that are necessary to give effect to the Act; and

(b) to further the objects of the Dangerous Goods Act 1985 by—

(i) prohibiting the use of asbestos; and

(ii) providing for the protection of property from damage from the use of dangerous goods at major hazard facilities.

2 Authorising provisions

(1) This Chapter, Division 1 of Part 4.4, Division 1 of Part 5.2 and Chapter 7 are made under section 158 of the Occupational Health and Safety Act 2004 and section 52 of the Dangerous Goods Act 1985.

(2) The remaining provisions of these Regulations (except Division 4 of Part 4.4 and Division 7 of Part 5.2 and Chapter 9) are made under section 158 of the Occupational Health and Safety Act 2004.

(3) Division 4 of Part 4.4, Division 7 of Part 5.2 and Chapter 9 are made under section 52 of the Dangerous Goods Act 1985.

3 Commencement

(1) These Regulations (except regulation 376(c), clause 19 of Schedule 3, clause 1.6(g) of Schedule 16 and clause 10(b) of Schedule 17) come into operation on 18 June 2017.

(2) Regulation 376(c), clause 19 of Schedule 3, clause 1.6(g) of Schedule 16 and clause 10(b) of Schedule 17 come into operation on 18 June 2018.

4 Revocation of existing Regulations

The Regulations set out in Schedule 1 are revoked.

5 Definitions

In these Regulations—

A-weighted means a measure using a filter designed to reflect the response of the human ear at low sound pressure levels;

Act compliance provision means a provision of a kind referred to in regulation 7;

ADG Code has the same meaning as in the Dangerous Goods Act 1985;

administrative control means a system of work or a work procedure that is designed to eliminate or reduce a risk, but does not include—

(a) a physical control; or

(b) the use of personal protective equipment;

air-supplied respiratory protective equipment means a device that supplies air to the wearer from a source other than the ambient atmosphere;

alter, in relation to plant, means to change the design of, add to, or take away from the plant in a way that may affect health or safety, but does not include routine maintenance, repairs or replacements;

AMBSC Code means Australian Miniature Boiler Safety Committee Code Parts 1, 2, 3 and 4 published by the Australian Miniature Boiler Safety Committee;

Ambulance Service—Victoria has the same meaning as in the Ambulance Services Act 1986;

amusement structure means powered equipment operated for hire or reward that provides entertainment or amusement through movement of the equipment, or part of the equipment, or when passengers travel on, around or along the equipment;

approved asbestos laboratory means a laboratory approved—

(a) by NATA to perform asbestos fibre counting or to identify asbestos in samples; or

(b) by a scheme determined by the Authority under regulation 6;

AS 2030—Gas Cylinders means—

(a) AS 2030.1 Gas cylinders, Part 1: General requirements; and

(b) AS 2030.2 The verification, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases, Part 2: Cylinders for dissolved acetylene; and

(c) AS 2030.4 The verification, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases, Part 4: Welded cylinders—Insulated; and

(d) AS 2030.5 Gas cylinders, Part 5: Filling, inspection and testing of refillable cylinders;

AS 2593 means Australian Standard AS 2593—Boilers - Safety management and supervision systems, sections 1, 2 and 3;

asbestos means—

(a) the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock-forming minerals, including—

(i) actinolite asbestos; and

(ii) anthophyllite asbestos; and

(iii) chrysotile ("white asbestos"); and

(iv) crocidolite ("blue asbestos"); and

(v) grunerite asbestos (or amosite) ("brown asbestos"); and

(vi) tremolite asbestos; or

(b) any material or object, whether natural or manufactured, that contains one or more of the mineral silicates referred to in paragraph (a);

1 The mineral silicates set out in paragraph (a)(i), (ii), (v) and (vi) use the same name for both the asbestiform and non-asbestiform varieties. The word "asbestos" has been included here to emphasise that only the asbestiform habit of these minerals is regulated as asbestos by these Regulations.

2 A substance that contains both non-asbestiform mineral silicates and a hazardous substance
is a hazardous substance to which Part 4.1 (Hazardous substances) applies.

asbestos-containing material means any manufactured material or object that, as part of its design, contains one or more of the mineral silicates referred to in paragraph (a) of the definition of asbestos (other than plant in which asbestos is fixed or installed);

asbestos-contaminated dust means dust that is, or is assumed under Part 4.4 (Asbestos) to be, contaminated with asbestos;

asbestos exposure standard means 0·1 f/ml of air measured in a person's breathing zone and expressed as a time weighted average fibre concentration of asbestos calculated over an 8 hour working day and measured over a minimum period of 4 hours in accordance with—

(a) the Membrane Filter Method; or

(b) a method determined by the Authority under regulation 6;

asbestos occupational health and safety management system means an occupational health and safety management system that is—

(a) related to asbestos removal work; and

(b) accredited or approved by JAS-ANZ or determined by the Authority under regulation 6;

asbestos paraoccupational air monitoring means a procedure by which air is sampled to estimate the airborne asbestos fibre concentration in the occupational environment, taken at fixed locations, usually between 1 and 2 metres above floor level, in accordance with—

(a) the Membrane Filter Method; or

(b) a method determined by the Authority under regulation 6;

asbestos register means the asbestos register kept under regulation 227 as revised in accordance with Part 4.4 (Asbestos);

asbestos-related activities has the meaning given by regulation 302;

asbestos removal licence means—

(a) a Class A asbestos removal licence; or

(b) a Class B asbestos removal licence;

asbestos removal licence holder means an employer or self-employed person who is the holder of an asbestos removal licence issued under Part 6.1 (Licences);

asbestos removal supervisor means a person who is appointed by an asbestos removal licence holder to oversee asbestos removal work in accordance with regulation 266;

asbestos removal work, means the removal of asbestos that is present at a workplace, building, structure, ship or plant so that the asbestos is no longer present in that workplace, building, structure, ship or plant, up to the point of containment;

asbestos waste means asbestos removed and disposable items used during asbestos removal work or asbestos-related activities, including plastic sheeting and disposable personal protective clothing and disposable protective equipment including tools;

assessment of competency means an assessment under Division 3 of Part 3.6 (High risk work);

atmospheric monitoring means a procedure by which air is sampled within the breathing zone of a person to measure and evaluate the person's exposure to airborne contaminants;

audiological examination means the testing and examination of a person's ear, and hearing threshold, for the purpose of establishing the type and cause of any hearing disorder;

audiometric test means the measurement of a person's air conduction hearing threshold levels by means of an electro-acoustic instrument (audiometer), equipped with earphones, that provides pure tones of specified discrete frequencies at known hearing levels;

Australian Qualifications Framework has the same meaning as AQF has in the Education and Training Reform Act 2006;

authorised assessor means a person who is authorised by the Authority under regulation 139 to carry out assessments of competency in relation to one or more classes of high risk work;

biological monitoring means the measurement and evaluation of a substance, or its metabolites, in the body tissue, fluids or exhaled air of a person exposed to the substance;

blood lead level means the concentration of lead in whole blood expressed in micromoles per litre (µmol/L) or micrograms per decilitre (µg/dL);

boiler means—

(a) in Part 3.6 (High risk work) and Schedules 3 and 4—

(i) a vessel, or an arrangement of vessels, and interconnecting parts in which steam or other vapour is generated, or water or another liquid is heated at a pressure above that of the atmosphere by the application of fire, the products of combustion or similar means (other than electrical power); and

(ii) the following equipment if directly associated with those vessels—

(A) pre-heaters, re-heaters, superheaters and economisers;

(B) boiler piping, boiler setting, supports, mountings, valves, gauges, fittings and controls up to, and including, the first connection point after the first valve or valve assembly;

but does not include—

(iii) a fully flooded or pressurised system in which water or other liquid is heated to a temperature lower than the normal atmospheric boiling temperature of the liquid; or

(iv) any vessel if the design of the vessel enables it to operate deprived of all liquid or vapour that is intended to be heated, without affecting the structure or operation of the vessel; or

(v) a direct-fired process heater; and

(b) in any other case, a boiler within the meaning of AS/NZS 1200 Pressure equipment with a hazard level A, B, C or D as determined by AS 4343 Pressure equipment—Hazard levels;

boom-type elevating work platform means a powered telescoping device (including vertical and inclined), hinged device or articulated device or any combination of those devices used to support a platform on which persons, equipment and materials may be elevated to perform work, but does not include an industrial lift truck;

breathing zone means a hemisphere of 300 millimetres radius extending in front of a person's face measured from the mid‑point of an imaginary straight line joining the ears;

bridge crane means a crane that—

(a) consists of one or more bridge beams mounted at each end to an end carriage; and

(b) is capable of travelling along elevated runways; and

(c) has one or more hoisting mechanisms that are able to travel across the bridge beam or beams;

building maintenance equipment means a suspended platform, 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;

building maintenance unit means a powered appliance with a suspended platform, permanently installed or intended to be permanently installed on a building and specifically designed to provide access to the faces of the building for a person working from the platform;

carcinogens licence means—

(a) a licence to use a Schedule 10 carcinogenic substance at a laboratory; or

(b) a licence to use a Schedule 11 carcinogenic substance at a laboratory; or

(c) a licence to use a Schedule 11 carcinogenic substance at a workplace other than a laboratory;

CAS number means the unique identifier allocated to a particular chemical substance by the Chemical Abstracts Service;

chairlift means an aerial powered ropeway that incorporates either elevated open chairs or closed cabins (gondola-type);

Chemical Abstracts Service (or CAS) is a division of the American Chemical Society;

chemical identity means a name that gives a chemical a unique chemical identity and that—

(a) accords with the nomenclature systems of the International Union of Pure and Applied Chemistry or the Chemical Abstracts Service; or

(b) is a name that is—

(i) ordinarily used to identify the chemical; and

(ii) recognised by the scientific community;

Class, in Schedule 14, has the same meaning as in the ADG Code;

Class A asbestos removal licence means a licence granted under Part 6.1 (Licences) that permits the holder to perform asbestos removal work in accordance with regulations 264 and 265;

Class A asbestos removal work, means asbestos removal work (other than limited asbestos removal work) involving the removal of—

(a) friable asbestos; or

(b) asbestos-contaminated dust (other than asbestos-contaminated dust associated with or derived from the removal of non-friable asbestos);

Class B asbestos removal licence means a licence granted under Part 6.1 (Licences) that permits the holder to perform asbestos removal work in accordance with regulation 265;

Class B asbestos removal work, means asbestos removal work (other than limited asbestos removal work) involving the removal of—

(a) non-friable asbestos; or

(b) asbestos-contaminated dust associated with or derived from the removal of non-friable asbestos;

Classification Code has the same meaning as in the ADG Code;

competency standard means the standard set under the unit of competency for the specified VET course for a licence to perform a class of high risk work;

concrete-placing boom means powered mobile truck-mounted plant incorporating a knuckle boom that is capable of power-operated slewing and luffing to place concrete by way of pumping concrete through a pipeline attached to, or forming part of, the boom of the plant;

confined space means a space in any vat, tank, pit, pipe, duct, flue, oven, chimney, silo, reaction vessel, container, receptacle, underground sewer or well, or any shaft, trench or tunnel or other similar enclosed or partially enclosed structure, if the space—

(a) is, or is intended to be, or is likely to be, entered by any person; and

(b) has a limited or restricted means for entry or exit that makes it physically difficult for a person to enter or exit the space; and

(c) is, or is intended to be, at normal atmospheric pressure while any person is in the space; and

(d) contains, or is intended to contain, or is likely to contain—

(i) an atmosphere that has a harmful level of any contaminant; or

(ii) an atmosphere that does not have a safe oxygen level; or

(iii) any stored substance, except liquids, that could cause engulfment—

but does not include a shaft, trench or tunnel that is a mine or is part of the workings of a mine;

confined space entry permit means a confined space entry permit issued by an employer in accordance with regulation 63;

construction excavation, in Part 5.1 (Construction), means the following—

(a) a trench if the excavated depth is more than 1⋅5 metres;

(b) a shaft if the excavated depth is more than 2 metres;

(c) a tunnel;

construction induction card means a construction induction card issued by the Authority under regulation 346;

construction induction training means a unit of competency of general occupational health and safety induction training to the construction industry endorsed or accredited under the Australian Qualifications Framework;

Construction Industry Basic Induction training course means the Construction Industry Basic Induction training course conducted under the auspices of the tripartite industry forum, Foundations for Safety Construction Industry Training Agreement commencing 1 February 2001;

construction project means a project involving construction work and includes preparation and planning of the proposed construction work;

construction RTO means an RTO whose registration allows delivery of—

(a) construction induction training; or

(b) the Construction Industry Basic Induction training course;

construction statement of attainment means a certification issued by a construction RTO stating that the person to whom it is issued has completed—

(a) construction induction training; or

(b) the Construction Industry Basic Induction training course—

but does not include a certification issued by a construction RTO, or an RTO in a class of construction RTOs, determined by the Authority under regulation 6, if the certification is issued after the determination takes effect;

construction work has the meaning given by regulation 321;

consumer package means a package that is intended for retail display and sale;

container, in Part 4.1 (Hazardous substances), means anything in or by which a hazardous substance is or has been wholly or partly encased, covered, enclosed, contained or packed (whether empty, partially full or full), but does not include the fuel tank of a vehicle;

contaminant means any substance that may be harmful to health or safety;

conveyor means equipment (including the superstructure, gear and auxiliary equipment used in connection with the equipment) by which loads are, or are capable of being, raised, lowered, transported or continuously driven, by—

(a) an endless belt, rope or chain or other similar means; or

(b) buckets, trays or other containers or fittings moved by an endless belt, rope, chain or similar means; or

(c) a rotating screw; or

(d) a vibration or walking beam; or

(e) a powered roller conveyor if the rollers are driven by an endless belt, rope or chain or other similar means;

Country Fire Authority has the same meaning as Authority has in the Country Fire Authority Act 1958;

crane means an appliance intended for raising or lowering a load and moving it horizontally (including the supporting structure of the appliance and its foundations), but does not include any of the following—

(a) an industrial lift-truck;

(b) earthmoving machinery;

(c) an amusement structure;

(d) a tractor;

(e) an industrial robot;

(f) a conveyor;

(g) building maintenance equipment;

(h) a suspended scaffold;

(i) a lift;

Reg. 5 def. of crystalline silica inserted by S.R. No. 137/2021 reg. 5(1).

crystalline silica means crystalline polymorphs of silica, including the following substances—

(a) quartz;

(b) cristobalite;

(c) tridymite;

(d) tripoli;

Reg. 5 def. of crystalline silica hazard control statement inserted by S.R. No. 137/2021 reg. 5(1).

crystalline silica hazard control statement has the meaning given by regulation 319D;

Reg. 5 def. of crystalline silica process inserted by S.R. No. 137/2021 reg. 5(1).

crystalline silica process has the meaning given by regulation 319B;

Reg. 5 def. of crystalline silica substance inserted by S.R. No. 137/2021 reg. 5(1).

crystalline silica substance means any substance that—

(a) contains more than 1% crystalline silica; and

(b) is reasonably likely to be mechanically processed at a workplace; and

(c) is not in a respirable form;

current safety data sheet, in relation to a hazardous substance, means—

(a) the safety data sheet prepared for the substance by the manufacturer or importing supplier of the substance under regulation 144(1) or equivalent legislation; or

(b) if the safety data sheet referred to in paragraph (a) has been revised by the manufacturer or importing supplier of the substance, the safety data sheet as revised;

C-weighted means a measure using a filter designed to reflect the response of the human ear at high sound pressure levels;

dangerous goods means dangerous goods within the meaning of the Dangerous Goods Act 1985;

decommissioning, in relation to plant, includes performing necessary adjustments, tests and inspections before the plant ceases operation and during the process of ceasing operation;

demolition, in Part 5.1 (Construction), means the complete or partial dismantling of a building or structure by planned and controlled methods or procedures;

derrick crane means a powered slewing strut‑boom crane with its boom pivoted at the base of a mast and—

(a) the mast is either guyed (guyed-derrick) or held by backstays (stiff-legged derrick); and

(b) the boom is capable of luffing under load;

direct-fired process heater means an arrangement of tubes comprising one 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, fractionation, reaction or other petrochemical process of the process fluid, whether the fluid is liquid or gas, or a combination of liquid and gas;

Division, in Schedule 14, has the same meaning as in the ADG Code;

dogging work means one or both of the following—

(a) the application of slinging techniques, including the selection or inspection of lifting gear, to sling a load;

(b) the directing of a crane or hoist operator in the movement of a load when the load is out of the operator's view;

domestic premises means domestic premises used solely for domestic purposes;

Reg. 5 def. of Dust Class H Vacuum inserted by S.R. No. 137/2021 reg. 5(1).

Dust Class H Vacuum means—

(a) a vacuum that complies with the Class H requirements in AS/NZS 60335.2.69:2017—Household and similar electrical appliances—Safety—Part 2.69: Particular requirements for wet and dry vacuum cleaners, including power brush, for commercial use; or

(b) a vacuum that complies with equivalent requirements to the requirements referred to in paragraph (a);

earthmoving machinery means powered 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 or a vehicle designed to be used primarily as a means of transport on public roads;

emergency plan means—

(a) in Part 5.2 (Major hazard facilities), an emergency plan prepared under regulation 375; or

(b) in Part 5.3 (Mines), an emergency plan prepared under regulation 433;

emergency procedures means—

(a) in Part 3.3 (Prevention of falls), the procedures established by an employer under regulation 49; or

(b) in Part 3.4 (Confined spaces), the procedures established by an employer under regulation 69; or

(c) in Part 4.4 (Asbestos), the procedures documented under regulation 247; or

(d) in Part 5.1 (Construction), the procedures referred to in regulation 331; or

(e) in Part 5.2 (Major hazard facilities), the procedures referred to in regulation 398;

emergency service means—

(a) Ambulance Service—Victoria; or

(b) the Country Fire Authority; or

(c) the Metropolitan Fire and Emergency Services Board; or

(d) Victoria Police; or

(e) the Victoria State Emergency Service Authority;

emergency service employee means any of the following, other than a volunteer—

(a) an officer or member of a metropolitan fire brigade;

(b) an officer or member of an urban fire brigade or rural fire brigade within the meaning of the Country Fire Authority Act 1958;

(c) an employee of Ambulance Service—Victoria;

(d) a member of the Victoria State Emergency Service;

(e) a police officer;

Section 23 of the Act requires the employer to ensure, so far as is reasonably practicable, that persons, other than employees of the employer, are not exposed to risks to their health or safety. This includes volunteers.

emergency stop device means a device that immediately stops, or effectively isolates the hazardous operation of, an item of plant and requires manual resetting;

An emergency stop device is not an operational stop control (see the definition of operational stop control).

emergency work, in Part 5.1 (Construction), means work that is required to be immediately undertaken to rectify an unexpected breakdown of an essential service (including gas, water, sewerage, electricity and telecommunications) to enable continuance of that service;

employer's asbestos register means the employer's asbestos register kept under regulation 235 as revised in accordance with Part 4.4 (Asbestos);

Reg. 5 def. of engineered stone inserted by S.R. No. 137/2021 reg. 5(1), substituted by S.R. No. 63/2024 reg. 5(1).

engineered stone means an artificial product that—

(a) contains 1% or more crystalline silica, determined as a weight/weight (w/w) concentration; and

(b) is created by combining natural stone materials with other chemical constituents such as water, resins or pigments; and

(c) becomes hardened; and

(d) is not any of the following—

(i) a concrete or cement product;

(ii) a brick, paver or other similar block;

(iii) a ceramic wall or floor tile;

(iv) a porcelain product that does not contain resin;

(v) a sintered stone product that does not contain resin;

(vi) a roof tile;

(vii) grout, mortar or render;

(viii) plasterboard;

(ix) a product determined not to be engineered stone by the Authority under regulation 6(1)(ea).

Reg. 5 def. of engineered stone control plan inserted by S.R. No. 137/2021 reg. 5(1), revoked by S.R. No. 63/2024 reg. 5(2).

Reg. 5 def. of engineered stone licence inserted by S.R. No. 137/2021 reg. 5(1), revoked by S.R. No. 63/2024 reg. 5(2).

Reg. 5 def. of engineered stone process inserted by S.R. No. 137/2021 reg. 5(1).

engineered stone process has the meaning given by regulation 319E;

engineering control means a physical control of any kind that is designed to eliminate or reduce a risk, but does not include—

(a) a system of work or procedure; or

(b) the use of personal protective equipment;

Reg. 5 def. of Environment Protection Authority amended by S.R. No. 88/2021 reg. 7.

Environment Protection Authority has the same meaning as Authority has in the Environment Protection Act 2017;

equivalent legislation means legislation of another State or Territory or the Commonwealth relating to the use of hazardous substances at a workplace;

Laws of another State or Territory or the Commonwealth relating to work health and safety.

evidence of licence document, in relation to a licence, means the document given to the licence holder by the Authority under regulation 456 and includes any replacement document issued under Part 6.1 (Licences);

explosive-powered tool means an implement used to drive fasteners (including nails, bolts and screws) against, into or through material by means of explosive charges, and includes every attachment to, and accessory of, the implement, but does not include a firearm within the meaning of the Firearms Act 1996;

exposure standard means an exposure standard set out in the Workplace Exposure Standards for Airborne Contaminants, published by SafeWork Australia on its Internet site;

Reg. 5 def. of facility substituted by S.R. No. 112/2021 reg. 5(b).

facility means—

(a) any building or other structure on land—

(i) that is a workplace; and

(ii) at which Schedule 14 materials are present or likely to be present; or

(b) any ship, floating platform or other place that the Authority determines is a facility under regulation 6A;

fall, in Part 3.3 (Prevention of falls), means a person's involuntary fall of more than 2 metres;

fall arrest system means equipment or material, or a combination of equipment and material, that is designed to arrest the fall of a person;

Industrial safety net, catch platform or safety harness system (other than a travel restraint system).

fatigue, in relation to an employee at a mine, means an acute or ongoing state of tiredness that exposes the employee or any other person at the mine to a risk to health or safety;

f/ml means fibres per millilitre;

forklift truck, in Part 3.6 (High risk work) and Schedule 3, means a powered industrial truck equipped with a mast and an elevating load carriage to which is attached a pair of fork arms or other loadholding attachment, but does not include the following—

(a) a pedestrian-operated industrial truck;

(b) a pallet truck that is unable, by design, to raise its fork arms 900 mm or more above the ground;

(c) an order-picking forklift truck;

(d) a tractor fitted with a pair of fork arms or other loadholding attachment;

friable means, when dry—

(a) may be crumbled, pulverised or reduced to powder by hand pressure; or

(b) as a result of a work process becomes such that it may be crumbled, pulverised or reduced to powder by hand pressure;

gantry crane means—

(a) in Part 3.6 (High risk work) and Schedule 3 a powered crane that—

(i) consists of one or more bridge beams supported at each end by legs mounted on end carriages; and

(ii) is capable of travelling on supporting surfaces or deck levels, whether fixed or not; and

(iii) has a crab with one or more hoisting units that are able to travel across the bridge beam or beams; or

(b) in any other case a powered crane that—

(i) consists of a bridge beam or beams that are supported at one or both ends by legs mounted to end carriages; and

(ii) is capable of travelling along runways; and

(iii) has one or more hoisting mechanisms;

gas cylinder means a rigid vessel not exceeding 3000 litres water capacity and without openings or integral attachments on the shell other than at the ends, designed for the storage and transport of gas under pressure and to which AS 2030—Gas Cylinders applies;

1 See the definition of AS 2030—Gas Cylinders which encompasses AS 2030.1, AS 2030.2, AS 2030.4 and AS 2030.5.

2 A gas cylinder may be of any shape.

generic name, in relation to a substance, means a name that describes the category or group of chemicals to which the substance belongs;

Reg. 5 def. of GHS substituted by S.R. No. 141/2020 reg. 5(a).

GHS means the Globally Harmonized System of Classification and Labelling of Chemicals, seventh revised edition, published by the United Nations, as modified by Schedule 7;

glove bag means a single-use bag constructed from transparent, heavy duty polyethylene with built-in arms and access ports;

hazard category means a division of criteria within a hazard class in the GHS;

hazard class means the nature of a physical, health or environmental hazard under the GHS;

hazardous manual handling means work requiring the use of force exerted by a person to lift, lower, push, pull, carry or otherwise move, hold or restrain—

(a) a thing if the work involves one or more of the following—

(i) repetitive or sustained application of force;

(ii) sustained awkward posture;

(iii) repetitive movement;

(iv) application of high force involving a single or repetitive use of force that it would be reasonable to expect that a person in the workforce may have difficulty undertaking;

(v) exposure to sustained vibration;

(b) live persons or animals;

(c) unstable or unbalanced loads or loads that are difficult to grasp or hold;

hazard pictogram means a graphical composition, including a symbol combined with other graphical elements, that is assigned in the GHS to a hazard class or hazard category;

hazard statement means a statement assigned in the GHS to a hazard class or hazard category describing the nature of the hazards of a hazardous substance including, if appropriate, the degree of hazard;

Reg. 5 def. of hazardous substance amended by S.R. No. 141/2020 reg. 5(b).

hazardous substance means a substance that satisfies the criteria for hazard classification set out in Part 3 (Health Hazards) of the GHS, but does not include a substance that satisfies the criteria solely for one of the following hazard classes—

(a) acute toxicity—oral—category 5;

(b) acute toxicity—dermal—category 5;

(c) acute toxicity—inhalation—category 5;

(d) skin corrosion/irritation—category 3;

(f) aspiration hazard—category 2;

health monitoring of a person means monitoring the person to identify changes in the person's health status and may include audiometric testing, medical examinations (including audiological examinations) and biological monitoring;

"Health" includes psychological health (see section 5 of the Act).

hearing protector means a device that is designed for the purpose of protecting a person's hearing and that—

(a) is inserted into the ear canal; or

(b) covers the ear canal entrance; or

(c) covers the entire ear;

HEPA filter means a high efficiency particulate air filter that is a disposable, extended media, dry type filter, in a rigid frame, with a minimum filtration efficiency of 99·97% filtration for nominal 0·3 micrometres (µm) diameter thermally generated dioctylphthalata particles or an equivalent efficiency for a specified alternative aerosol and with an initial maximum resistance to airflow of 250 pascals when tested at its rated airflow capacity;

high risk construction work has the meaning given by regulation 322;

Reg. 5 def. of high risk crystalline silica work inserted by S.R. No. 137/2021 reg. 5(1).

high risk crystalline silica work has the meaning given by regulation 319C;

high risk work means any work set out in Schedule 3 as being within the scope of a high risk work licence;

high risk work licence means any of the licences listed in Schedule 3;

hire, in Part 3.5 (Plant), does not include hire under a hire-purchase agreement or hire‑purchase contract;

hoist means an appliance intended for raising or lowering persons or a load and includes a mast climbing work platform, a personnel and materials hoist, a scaffolding hoist and a serial hoist, but does not include a lift or building maintenance equipment;

importing supplier, in relation to a substance, means a person who first supplies or intends to first supply the substance in Victoria for use at a workplace, but does not include—

(a) a person who manufactures the substance in Victoria; or

(b) a wholesaler or retailer who has been supplied with the substance by another supplier in Victoria; or

(c) a retail warehouse operator;

independent person, in Part 4.4 (Asbestos), has the meaning given by regulation 207;

industrial lift truck means powered mobile plant (other than a crane or earthmoving machinery) comprising a mast with an elevating carriage to which a pair of fork arms or other loadholding attachment is attached, including—

(a) a truck on which the operator is raised with the attachment for order-picking; and

(b) a truck where the frame and lift unit straddle, raise, lower, move or stack the load;

industrial 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;

industrial rope access system means a system designed for the purpose of performing work on a building or structure by a person and consists of—

(a) equipment that enables the person to manually raise or lower themselves in a harness or seat supported by one or more fibre ropes; and

(b) equipment used to anchor the ropes;

ingredient means any component of a substance (including an impurity);

JAS-ANZ means the Joint Accreditation System of Australia and New Zealand;

laboratory means a building, room or designated area where a scheduled carcinogenic substance is used for—

(a) scientific analysis or investigation; or

(b) research; or

(c) practical teaching;

laser means plant that produces a beam of electromagnetic radiation in the wavelength range from 100 nanometres to 1 millimetre that is used for cutting, alignment, scanning or measurement, but does not include plant that produces light beams at these wavelengths for the primary purpose of illumination;

lead means lead metal, lead alloys or inorganic lead compounds (including lead salts of organic acids);

Reg. 5 def. of lead exposure standard amended by S.R. No. 71/2018 reg. 4(a).

lead exposure standard means the maximum airborne concentration of lead dust, lead mist or lead fumes referred to in regulation 186;

lead process has the meaning given by regulation 178;

lead-risk work has the meaning given by regulation 193;

Reg. 5 def. of licence amended by S.R. Nos 137/2021 reg. 5(2), 63/2024 reg. 6(3).

licence means—

(a) a high risk work licence; or

(b) an asbestos removal licence; or

(c) a carcinogens licence; or

(d) a major hazard facility licence;

licence holder, in relation to a major hazard facility licence, means—

(a) the person who was granted the licence, unless that person has transferred the licence; or

(b) if the licence has been transferred, the last person to whom the licence was transferred;

lift means permanent plant, or plant intended to be permanently installed, in or attached to a building or structure in which persons, goods or materials may be raised or lowered within a car, chair or cage or on a platform and the movement of which is restricted by a guide or guides and includes an escalator, a moving walk and a stairway lift;

limited asbestos removal work, means asbestos removal work which is permitted under regulation 250;

local area, in relation to a major hazard facility, means the area surrounding the major hazard facility, as indicated on the map forming part of the emergency plan for the major hazard facility prepared in accordance with clause 1.2 of Schedule 16;

local community, in relation to a major hazard facility, means—

(a) persons who reside in the local area for the facility; and

(b) persons who have the management or control of workplaces, or of places where persons gather for recreational, cultural or sporting purposes, located in the local area for the facility;

Reg. 5 def. of local exhaust ventilation inserted by S.R. No. 137/2021 reg. 5(1).

local exhaust ventilation means an engineering control that captures the emission of an airborne contaminant at its source and transports it to a safe emission point, filter or scrubber;

major hazard facility means a facility—

(a) at which Schedule 14 materials are present or likely to be present in a quantity exceeding their threshold quantity; or

(b) determined by the Authority under regulation 363 or 364 to be a major hazard facility;

major hazard facility licence means a licence granted under Part 6.1 (Licences) to operate a major hazard facility;

major incident means an uncontrolled incident, including an emission, loss of containment, escape, fire, explosion or release of energy, that—

(a) involves Schedule 14 materials; and

(b) poses a serious and immediate risk to health or safety;

major incident hazard means an activity, procedure, plant, process, substance, situation or any other circumstance that could cause, or contribute to causing, a major incident;

major mining hazard means a mining hazard that has the potential to cause an incident that would cause, or pose a significant risk of causing, more than one death;

mast climbing work platform means plant with a working platform used to support and elevate persons, equipment and materials by means of a drive system that moves along an extendable mast, but does not include a lift or building maintenance equipment;

materials platform hoist means a powered builder's hoist that—

(a) consists of a car, bucket or platform cantilevered from, and travelling up and down externally to, a face of the support structure; and

(b) is used only to raise or lower goods or materials, not persons;

mechanical loadshifting equipment includes cranes, hoists, cableways, flying foxes, winches, blocks and purchases which incorporate sheaves, jacks and air bags;

Membrane Filter Method means the method for estimating airborne asbestos fibres in accordance with the "Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres" prepared by the National Health and Safety Commission and published in 2005;

Metropolitan Fire and Emergency Services Board has the same meaning as Board has in the Metropolitan Fire Brigades Act 1958;

mine has the meaning given by regulation 399;

mine modification, in Part 5.3 (Mines), in relation to a mine, means a change to any workings, processes or plant, including the introduction of new workings, processes or plant, that has the effect of—

(a) creating a mining hazard that has not previously been identified; or

(b) increasing the risk associated with a mining hazard;

mining hazard has the meaning given by regulation 400;

mobile crane means a crane capable of travelling over a supporting surface without the need for fixed runways;

modification, in Part 5.2 (Major hazard facilities), in relation to a major hazard facility, includes the following—

(a) a change to any plant, processes or substances used in processes, including the introduction of new plant, processes or substances;

(b) a change to the quantity of Schedule 14 materials present or likely to be present, including the introduction of any new Schedule 14 materials;

(c) a change in the safety role of employees;

(d) a change to the safety management system—

that has the effect of—

(e) creating a major incident hazard that has not previously been identified; or

(f) increasing the likelihood of a major incident occurring; or

(g) in relation to any major incident that might occur, increasing—

(i) its magnitude; or

(ii) the severity of its consequences to persons both on-site and off-site;

musculoskeletal disorder means an injury, illness or disease that arises in whole or in part from hazardous manual handling, whether occurring suddenly or over a prolonged period, but does not include an injury caused by crushing, entrapment or cutting resulting primarily from the mechanical operation of plant;

NATA means the National Association of Testing Authorities (Australia);

negative air enclosure means an enclosed asbestos removal area that is maintained under negative air pressure to approximately 12 pascals;

noise exposure standard means—

(a) the 8 hour equivalent continuous sound pressure level of 85 decibels (A) measured in A-weighted decibels referenced to 20 micropascals at an employee's ear position; or

(b) the C-weighted peak hold sound pressure level reading of 140 decibels (C) measured in decibels referenced to 20 micropascals at an employee's ear position;

Reg. 5 def. of non-slewing mobile crane substituted by S.R. No. 4/2024 reg. 5(b)

non-slewing mobile crane means—

(a) a powered mobile crane with a capacity of more than 3 tonnes that incorporates a boom or jib that is not capable of being slewed, including an articulated type mobile crane and a locomotive crane but not including a crane engaged in vehicle tow truck operations; or

(b) a non-slewing telehandler with a rated capacity of more than 3 tonnes;

Reg. 5 def. of non-slewing telehandler inserted by S.R. No. 4/2024 reg. 5(a)

non-slewing telehandler means a telehandler that is not capable of being slewed;

notice of assessment means a written notice given by an authorised assessor under regulation 134;

Reg. 5 def. of notice of assessment (satisfactory) amended by S.R. No. 71/2018 reg. 4(b).

notice of assessment (satisfactory) means a notice of assessment given by an authorised assessor under regulation 134(2)(a), but does not include a notice of assessment issued by an authorised assessor determined by the Authority under regulation 6 if that notice is issued after the determination takes effect;

occupational health and safety auditor means a person who has the knowledge, experience and skills required for an occupational health and safety auditor under JAS-ANZ Procedure No. 02, Part 1, Issue 3: Requirements for Bodies Providing Audit and Certification of Occupational Health and Safety Management Systems, dated 18 August 2011;

operational stop control means a device used to stop an item of plant under normal operation, but does not include an emergency stop device;

operator means—

(a) in Part 5.2 (Major hazard facilities), in relation to a facility, the employer who has management or control of the facility; and

(b) in Part 5.3 (Mines), in relation to a mine (including a prescribed mine), the employer who has management orcontrol of the mine;

operator controls includes an operational stop control and an emergency stop device;

operator protective device includes roll-over protection, falling object protective structure, operator restraining device and seat belt;

order-picking forklift truck means a powered industrial truck with a mast and elevating load carriage to which is attached a pair of fork arms or other loadholding attachment and where the operator's controls are incorporated with the load carriage or lifting media and elevate with it;

pallet truck means a non-counterbalanced industrial truck where the operator is intended to control the truck while riding on the truck and where the truck is designed to handle pallets and palletized loads by means of a fork (a pair of fork arms) which is adjustable in elevation;

passive fall prevention device means material or equipment, or a combination of material and equipment, that is designed for the purpose of preventing a fall and that, after initial installation, does not require any ongoing adjustment, alteration or operation by any person to ensure the integrity of the device to perform its function;

Temporary work platform, roof safety mesh or guard railing.

perform, in relation to work, includes carry out;

person who commissioned the asbestos removal work means the person managing or controlling a workplace or the employer who arranged for asbestos removal work to be performed;

personal protective equipment includes respiratory protective equipment and personal protective clothing;

personnel and materials hoist, in Part 3.6 (High risk work) and Schedule 3, means a powered builder's hoist—

(a) by which persons, goods or materials may be raised or lowered; and

(b) which comprises a car, structure, machinery or other equipment associated with the hoist; and

(c) which may be any of the following—

(i) a cantilevered hoist;

(ii) a tower hoist;

(iii) a multiple winch operation;

portal boom crane means a powered jib or boom crane mounted on a portal frame that is supported on runways along which the crane may travel;

powered mobile plant means plant that is provided with some form of self-propulsion that is ordinarily under the direct control of an operator;

precautionary statement means a phrase prescribed by the GHS that describes measures that are recommended to be taken to prevent or minimise—

(a) the adverse effects of exposure to a hazardous substance; or

(b) improper handling of a hazardous substance;

presence-sensing safeguarding system includes—

(a) a sensing system that—

(i) is an electro-sensitive or pressure sensitive system that employs optoelectronic or pressure sensitive devices to perform a sensing and a control function; or

(ii) uses other technologies to perform a sensing and a control function; and

(b) the interface between the final switching devices of the sensing system and the machine primary control elements; and

(c) the 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 before the person can reach the dangerous parts;

prescribed mine has the meaning given by regulation 401;

pressure equipment means—

(a) in Part 3.6 (High risk work) and Schedules 3 and 4, a boiler, a turbine or a reciprocating steam engine; and

(b) in any other case, boilers, pressure vessels and pressure piping;

pressure piping means pressure piping within the meaning of AS/NZS 1200 Pressure equipment, with a hazard level A, B, C
or D as determined by AS 4343 Pressure equipment—Hazard levels, but does not include pressure piping that is regulated under—

(a) the Gas Safety Act 1997; or

(b) the Petroleum Act 1998; or

(c) the Offshore Petroleum and Greenhouse Gas Storage Act 2010; or

(d) the Water Industry Act 1994; or

(e) the Pipelines Act 2005; or

(f) any other Act (other than the Occupational Health and Safety Act 2004) that imposes statutory controls over pressure piping comparable to those listed in paragraphs (a) to (e);

pressure vessel means—

(a) a pressure vessel within the meaning of AS/NZS 1200 Pressure equipment, with a hazard level A, B, C or D as determined by AS 4343 Pressure equipment—Hazard levels; or

(b) a fired heater; or

(c) a gas cylinder—

but does not include a boiler or pressure piping;

principal contractor has the meaning given by regulation 333;

process review has the meaning given by regulation 525;

product identifier means the name or number used to identify a product;

published technical standard means a document that gives technical information, guidance or advice on plant, that is published by—

(a) a corresponding Authority; or

(b) Standards Australia; or

(c) the British Standards Institute; or

(d) the International Organisation for Standardisation (ISO); or

(e) an organisation with substantially equivalent objectives in relation to the publication of technical information, guidance or advice on plant to the organisations listed in paragraphs (a) to (d);

reach stacker means powered mobile plant that—

(a) incorporates a non-slewing boom with a permanently fitted lifting frame where the only means of lifting is by twist locks; and

(b) is designed for raising and lowering shipping containers and moving them horizontally—

but does not include a shore-based container handling gantry crane;

reciprocating steam engine means steam plant where the steam acts on a piston under pressure and causes the piston to move, but does not include an expanding (steam) reciprocating engine with any piston diameter of 250 millimetres or less;

recognised evidence of construction induction training means evidence of general occupational health and safety training to the construction industry completed outside Victoria and recognised by the corresponding Authority of the jurisdiction in which the training was completed, but does not include evidence of a class determined by the Authority under regulation 6 if the training is completed after the determination takes effect;

registered major hazard facility means a major hazard facility registered under Part 6.2 (Registration);

relevant employee, in Part 3.4 (Confined spaces), means—

(a) any employee required to enter a confined space; or

(b) any employee who has any function in relation to work in a confined space or the emergency procedures established under regulation 69, but who is not required to enter the space; or

(c) any person supervising any employee referred to in paragraph (a) or (b);

relevant occupational health and safety legislation means any of the following—

(a) the Act or any regulations made under the Act;

(b) the Occupational Health and Safety Act 1985 or any regulations made under that Act;

(c) the Dangerous Goods Act 1985 or any regulations made under that Act;

(d) the Equipment (Public Safety) Act 1994 or any regulations made under that Act;

(e) any equivalent Act of another Australian jurisdiction or any regulations made under such an Act;

Equivalent Acts and regulations of other Australian jurisdictions would include the Work Health and Safety legislation in those jurisdictions.

Reg. 5 def. of respiratory protective equipment inserted by S.R. No. 137/2021 reg. 5(1), amended by S.R. No. 63/2024 reg. 5(4).

respiratory protective equipment, in Part 4.5, means personal protective equipment that—

(a) is designed to protect the wearer from the inhalation of airborne contaminants; and

(b) complies with AS/NZS 1716:2012—Respiratory protective devices, or requirements equivalent to those of that Standard;

retail warehouse operator means a person who operates a warehouse where packaged goods intended for retail sale are held on the premises;

retailer, in relation to a substance, means a person who supplies the substance to another person otherwise than for the purpose of re-supply;

reviewable decision has the meaning given by regulation 524;

rigging work means—

(a) the use of mechanical loadshifting equipment and associated gear—

(i) to move, place or secure a load including plant, equipment or members of a building or structure; and

(ii) to ensure the stability of members of a building or structure; or

(b) the setting up or dismantling of cranes and hoists—

but does not include the setting up of a crane or hoist which only requires the positioning of integral outriggers or stabilisers;

roll-over protection means a structure to protect the operator of a tractor or other powered mobile plant against injury as a result of the tractor or plant rolling over in any direction;

rope access equipment means equipment used to manually lower or raise a person in a harness or seat, supported by one or more fibre ropes and includes the equipment used to anchor or haul the rope or ropes while the person is lowered and raised;

RTO has the same meaning as in the Education and Training Reform Act 2006;

safe oxygen level means an oxygen content in air under normal atmospheric pressure that—

(a) is equal to or greater than 19⋅5% by volume (equivalent to a partial pressure of oxygen of 19⋅8 kilopascals)—

but—

(b) is equal to or less than 23⋅5% by volume (equivalent to a partial pressure of oxygen of 23⋅9 kilopascals);

Safe Work Australia means Safe Work Australia established by section 5 of the Safe Work Australia Act 2008 of the Commonwealth;

safe work method statement has the meaning given by regulation 324;

safety assessment means—

(a) in Part 5.2 (Major hazard facilities), a safety assessment conducted under regulation 369; or

(b) in Part 5.3 (Mines), a safety assessment conducted under regulation 421;

safety case means a safety case prepared or revised under Division 8 of Part 5.2 (Major hazard facilities);

safety data sheet, in relation to a hazardous substance, means a safety data sheet—

1. required to be prepared for the substance under regulation 144; or
2. prepared for the substance by the manufacturer or the importing supplier in accordance with equivalent legislation;

safety management system means—

(a) in Part 5.2 (Major hazard facilities), a safety management system established under regulation 372; or

(b) in Part 5.3 (Mines), a safety management system established under regulation 418;

scaffold means a temporary structure specifically erected to support access or working platforms;

scaffolding work means the erection, alteration or dismantling of a scaffold, if the scaffold is such that a person or object could fall more than 4 metres from the scaffold;

Schedule 10 carcinogenic substance means a substance (or any of its salts) listed in Schedule 10 used—

(a) as a pure substance; or

(b) in a mixture containing 0⋅1% or more of that substance (or any of its salts), determined as a weight/weight (w/w) concentration for solids or liquids and a volume/volume (v/v) concentration for gases;

Schedule 11 carcinogenic substance means—

(a) benzene as listed in Schedule 11; or

(b) any other substance (or any of its salts) listed in Schedule 11 used—

(i) as a pure substance; or

(ii) in a mixture containing 0⋅1% or more of that substance
(or any of its salts), determined as a weight/weight (w/w) concentration for solids or liquids and a volume/volume (v/v) concentration for gases;

Schedule 14 material means a material referred to in Table 1 of Schedule 14 or a material that can be characterised as one or more of the materials set out in Table 2 of Schedule 14;

scheduled carcinogenic substance means a Schedule 10 carcinogenic substance or a Schedule 11 carcinogenic substance;

Reg. 5 def. of sea inserted by S.R. No. 112/2021 reg. 5(a).

sea includes a bay, an inlet, an estuary and any waters within the ebb and flow of the tide;

self-erecting tower crane means a tower crane where—

(a) the tower structure and boom or jib elements are not disassembled into component sections; and

(b) the crane can be transported between sites as a complete unit; and

(c) erection and dismantling processes are an inherent part of the crane's function;

shaft means—

(a) in Part 5.1 (Construction), a vertical or inclined way or opening from the surface downwards or from any underground working and the dimensions of which (excluding the perimeter) are less than its depth; and

(b) in Part 5.3 (Mines), any opening extending downwards from the surface or from a location underground that—

(i) has an inclination to the horizontal of more than 15 degrees; and

(ii) is used for the purposes of raising or lowering persons or materials or for the intake or outlet of ventilation;

shaft conveyance means a cage, skip, kibble or other contrivance in or on which persons ride up or down a shaft, but does not include any attachments to that cage, skip, kibble or other contrivance;

signal words means words such as "dangerous poison", "poison", "warning", "danger" or "caution" that are clearly and prominently displayed on labels of substances to indicate the relative severity of the hazard;

Reg. 5 def. of slewing mobile crane substituted by S.R. No. 4/2024 reg. 5(c)

slewing mobile crane means a slewing telehandler or a powered mobile crane that incorporates a boom or jib that is capable of being slewed, but does not include the following, when configured for crane operation—

(a) a front-end loader;

(b) a backhoe;

(c) an excavator;

(d) similar equipment to that listed in paragraphs (a), (b) and (c);

Reg. 5 def. of slewing telehandler inserted by S.R. No. 4/2024 reg. 5(a)

slewing telehandler means a telehandler that is capable of being slewed;

slinging techniques means those slinging techniques that require the exercise 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;

solid construction in Part 3.3 (Prevention of falls)means an area that has each of the following—

(a) a surface that is structurally capable of supporting persons, material and any other loads intended to be applied to it;

(b) barriers around its perimeter, and any open penetrations, to prevent a fall from the area;

(c) an even and readily negotiable surface and gradient;

(d) a safe means of entry and exit;

sound power level means the total sound energy radiated per unit time, measured as decibels referenced to 1 picowatt using octave bands or an A-weighting;

sound pressure level expressed in decibels, means the pressure fluctuations in air calculated as 20 times the logarithm to the base 10 of the ratio of the root mean square sound pressure (in pascals) to the reference sound pressure of 20 micropascals;

special provision, in Schedule 14, has the same meaning as in the ADG Code;

specified VET course means the relevant VET course specified in column 3 of the table in Schedule 5;

structure—

(a) in Part 4.4 (Asbestos), means any construction, including a bridge, tunnel, shaft, dam, pipe or access pit, or any part of a construction, but does not include a building, ship or plant; or

(b) in Part 5.1 (Construction), has the meaning given by regulation 323;

suspended scaffold means a scaffold incorporating a suspended platform that is capable of being raised or lowered when in use;

task, in Part 3.3 (Prevention of falls), includes moving to and from a task;

Reg. 5 def. of telehandler inserted by S.R. No. 4/2024 reg. 5(a)

telehandler means powered mobile plant with an articulated or rigid chassis that incorporates a telescopic boom that can be raised or lowered and is capable of being fitted with interchangeable attachments, but does not include—

(a) a backhoe; or

(b) an excavator;

temporary access equipment means the following—

(a) rope access equipment;

(b) a work box;

(c) an industrial safety net;

(d) equipment incorporating a harness that is used or intended to be used to arrest the fall of a person wearing the harness;

temporary work platform means the following—

(a) a fixed, mobile or suspended scaffold;

(b) an elevating work platform;

(c) a mast climbing work platform;

(d) a work box supported and suspended by a crane, hoist, forklift truck or other form of mechanical plant;

(e) building maintenance equipment, including a building maintenance unit;

(f) a portable or mobile fabricated platform;

(g) any other temporary platform that provides a working area for the duration of work performed at height and that is designed to prevent a fall;

the Act means the Occupational Health and Safety Act 2004;

theatrical performance means acting, singing, playing a musical instrument, dancing, or otherwise performing literary or artistic works or expressions of folklore;

threshold quantity, in relation to Schedule 14 materials, means—

(a) the threshold quantity for a specific material determined under clause 2 of Schedule 14; or

(b) the aggregate threshold quantity of more than one material as determined under clause 3 of Schedule 14;

tower crane means a powered boom or
jib crane mounted on a tower structure but, in Schedule 3, does not include a self‑erecting tower crane;

tractor means a powered vehicle primarily designed to haul and provide power for agricultural or horticultural machinery or implements by way of a power-takeoff rotating shaft or other mechanical means, but does not include—

(a) earthmoving machinery; or

(b) a passenger vehicle;

travel restraint system means equipment that is worn by, or attached to, a person and is designed for the purpose of physically restraining the person from reaching an edge or elevated surface from which the person may fall;

A system in which a harness is attached to one or more lanyards, each attached in turn to a static line or anchor point.

trench, in Part 5.1 (Construction), means a horizontal or inclined way or opening commencing at and extending below the surface of the ground and open to the surface along its length, the length of which is greater than its width and greater than or equal to its depth, and is used or to be used for the laying, removal or repair of a pipe or cable;

tunnel, in Part 5.1 (Construction), means an underground passage or opening in an approximate horizontal plane and which begins at the surface or from an excavation of any sort;

turbine means—

(a) in Part 3.5 (Plant) and Schedule 3, any plant where steam acts on a turbine or rotor to cause a rotary motion, but does not include steam turbines and expansion turbines with a power output of less than 500 kilowatts;

(b) in any other case, a rotary motor or rotary engine driven by a flow of water, steam or gas primarily intended for the production of electricity;

type of asbestos-containing material means a description of asbestos-containing material;

Asbestos-containing cement sheeting, cement pipes, vinyl tiles, sprayed insulation, telecommunications pits and pipes, pipe lagging, millboard and gaskets.

UN number has the same meaning as in the ADG Code;

unprotected edge means the edge of a surface from which there is a horizontal gap, void or space of more than 300 millimetres and which is not provided with a barrier to prevent a fall;

vehicle hoist means a hoist that is permanently installed or designed to be permanently installed at a workplace to elevate a vehicle to allow work to be performed on the vehicle;

Reg. 5 def. of vehicle loading crane amended by S.R. No. 71/2018 reg. 4(c).

vehicle loading crane means a powered slewing crane mounted on a vehicle for the principal purpose of loading and unloading the vehicle;

VET course has the same meaning as in the National Vocational Education and Training Regulator Act 2011 of the Commonwealth;

Victoria Police has the same meaning as in the Victoria Police Act 2013;

Victoria State Emergency Service means the Service continued by the Victoria State Emergency Service Act 2005;

Victoria State Emergency Service Authority means the Authority established under the Victoria State Emergency Service Act 2005;

Reg. 5 def. of Victorian coastal waters inserted by S.R. No. 112/2021 reg. 5(a).

Victorian coastal waters has the same meaning as the expression "coastal waters of the State" has in relation to Victoria under the Coastal Waters (State Powers) Act 1980 of the Commonwealth;

wholesaler, in relation to a substance, means a person who supplies the substance for the purpose of re-supply;

winder means an electrical or compressed air or hydraulic or other power drive unit, single or multi drum, which by use of ropes, sheave wheels and a shaft conveyance, is used to raise or lower persons or materials from level to level, and includes a friction winder;

work box means a device for carrying persons, designed to be suspended from a crane, to provide a working area for persons elevated by and working from the device;

work in a confined space means work in a confined space by an employee and includes entry to and exit from a confined space by an employee;

work positioning system means the following—

(a) an industrial rope access system;

(b) a travel restraint system;

(c) any other equipment, other than a temporary work platform, that enables a person to be positioned and safely supported at a work location for the duration of the task being undertaken at height.

workpiece means material, off-cut or scrap (in any form) on which an item of plant is doing work or that is produced by an item of plant, but does not include a load being lifted or moved by the plant;

6 Determinations of Authority

(1) The Authority may make determinations of the following—

(a) a scheme for the approval of laboratories for the purpose of paragraph (b) of the definition of approved asbestos laboratory in regulation 5;

(b) an exposure measurement method for the purpose of paragraph (b) of the definition of asbestos exposure standard in regulation 5;

(c) an occupational health and safety management system for the purpose of paragraph (b) of the definition of asbestos occupational health and safety management system in regulation 5;

(d) a method of air sampling for the purpose of paragraph (b) of the definition of asbestos paraoccupational air monitoring in regulation 5;

(e) a specified construction RTO or a class of construction RTOs for the purpose of the definition of construction statement of attainment in regulation 5;

Reg. 6(1)(ea) inserted by S.R. No. 63/2024 reg. 6(1).

(ea) a product that is not engineered stone for the purpose of the definition of engineered stone in regulation 5;

(f) a specified authorised assessor or a class of authorised assessors for the purpose of the definition of notice of assessment (satisfactory) in regulation 5;

(g) evidence of a specified class for the purpose of the definition of recognised evidence of construction induction training in regulation 5;

(h) a prohibited hazardous substance for the purposes of regulation 153(2);

(i) a hazardous substance, and particular circumstances (if any), for the purposes of regulation 154(1)(c);

(j) the minimum record retention period (not exceeding 30 years) for a particular hazardous substance for the purposes of regulations 168(1)(a) and 171(1)(a);

(k) a hazardous substance for which health monitoring is required for the purposes of regulation 169(1)(a)(ii);

(l) the minimum record retention period (not exceeding 30 years) for the purposes of regulations 204(a), 263(2)(a), 283(2)(a) and 313(2)(a);

(m) an auditable process to verify that asbestos‑containing material has been removed from construction or demolition material for the purposes of regulation 206(a);

(n) a method to measure asbestos-containing material in construction or demolition material for the purposes of regulation 206(b);

(o) an asbestos-related activity for the purposes of regulation 302(l);

Reg. 6(1)(oa) inserted by S.R. No. 137/2021 reg. 6, amended by S.R. No. 63/2024 reg. 6(2).

(oa) a crystalline silica process for the purposes of regulation 319B(1)(g);

(p) an activity, procedure, plant, process, substance, situation or other circumstance to be a mining hazard for the purposes of regulation 400(1)(b).

Note to reg. 6(1) substituted by S.R. No. 112/2021 reg. 6(1).

The Authority is also authorised to make determinations under regulations 6A, 41(3), 180, 198(3), 363, 364 and 403. They are not included here because each has particular requirements set out elsewhere. However, subregulations (2) to (6) apply to determinations under regulations 41(3), 180, 198(3) and 403 and subregulations (2), (3), (5) and (6) apply to determinations under regulations 6A, 363 and 364.

(2) If the Authority makes a determination under these Regulations it must publish a notice in the Government Gazette that—

(a) states that the determination has been made; and

(b) identifies to whom and to what the determination applies; and

(c) identifies the provision or provisions of these Regulations to which the determination relates; and

(d) may include any other details that the Authority considers to be appropriate.

(3) As soon as reasonably possible after it has complied with subregulation (2), the Authority must cause a similar notice to be published in a newspaper circulating generally throughout Victoria.

Reg. 6(4) amended by S.R. No. 112/2021 reg. 6(2).

(4) A determination (other than a determination made under regulation 6A, 363 or 364) takes effect on the day on which the notice is published in the Government Gazette, or on any later day specified in the notice.

(5) The Authority must make a copy of a determination available for inspection by any person affected by the determination.

(6) Nothing in this regulation is intended to require the Authority to include in the notice under subregulation (2) or (3) or the determination under subregulation (5)—

(a) any confidential or personal information about an individual; or

(b) any information relating to manufacturing or commercial secrets or working processes.

Reg. 6A inserted by S.R. No. 112/2021 reg. 7.

6A Determination of facilities by Authority

(1) For the purpose of paragraph (b) of the definition of facility in regulation 5, the Authority may determine that any ship, floating platform or other place is a facility if satisfied that—

(a) it is a workplace at which Schedule 14 materials are present or likely to be present; and

(b) it is located in, proposed to be located in or will be located in—

(i) Victorian coastal waters; or

(ii) any sea within the limits of Victoria.

(2) The Authority must send to the proposed operator of a ship, floating platform or other place in respect of which a determination is made under subregulation (1) a written notice that—

(a) sets out the determination; and

(b) states the reasons for the determination; and

(c) specifies the date on which the determination takes effect.

(3) The date specified under subregulation (2)(c) must be not less than 30 days after the proposed operator is sent the notice.

(4) A ship, floating platform or other place in respect of which a determination is made under subregulation (1) is taken to be a facility from the date on which the determination takes effect.

7 Act compliance notes

If a note at the foot of a provision of these Regulations states "Act compliance" 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.

A failure to comply with a duty or obligation under a section of the Act referred to in an "Act compliance" note is an offence to which a penalty applies.

8 Independent contractors

(1) A provision of these Regulations that sets out a way that an employer complies with a duty under section 21 or 35 of the Act in relation to employees extends to the employer's duty under that section to an independent contractor engaged by the employer and any employees of the independent contractor.

(2) If a provision of these Regulations (other than subregulation (1)) provides that an employer's duty under another provision of these Regulations extends to an independent contractor—

(a) that other provision applies as if a reference to an employee were a reference to an independent contractor engaged by the employer and any employees of the independent contractor; and

(b) the duty of the employer under that other provision extends to an independent contractor engaged by the employer, and any employees of the independent contractor, in relation to matters over which the employer has control or would have control if not for any agreement purporting to limit or remove that control.

9 Health and safety representatives

A reference in these Regulations to a health and safety representative includes a reference to a deputy health and safety representative if the health or safety representative has ceased to hold office or the health and safety representative is unable (because of absence or any other reason) to exercise the powers of a health and safety representative.

10 Designers, manufacturers and suppliers

Any reference in these Regulations to—

(a) a designer, in relation to plant, is a reference to a person who designs the plant and who knows, or ought reasonably to know, that the plant is to be used at a workplace;

(b) a manufacturer, in relation to plant or a substance, is a reference to a person who manufactures that plant or substance and who knows, or ought reasonably to know, that the plant or substance is to be used at a workplace;

(c) a supplier, in relation to plant or a substance, is a reference to a person who supplies that plant or substance and who knows, or ought reasonably to know, that the plant or substance is to be used at a workplace (whether by the person supplied or anyone else).

11 Duties of self-employed persons

A self-employed person's duties under these Regulations apply only so far as to ensure, so far as is reasonably practicable, that persons are not exposed to risks to their health and safety arising from the conduct of the undertaking of the self-employed person.

12 References to Parts

Unless the context otherwise requires, a reference in these Regulations to a Part by a number must be construed as a reference to the Part, designated by that number, of these Regulations.

Part 1.2—Incorporated documents

13 Documents incorporated as in force from time to time

(1) A reference to any document, other than the GHS, applied, adopted or incorporated by, or referred to in, these Regulations is to be read as a reference to that document as in force from time to time.

(2) If any document applied, adopted or incorporated by, or referred to in, these Regulations is amended, the amendment is only in force for the purposes of subregulation (1) if it has taken effect for the purposes of these Regulations.

See regulation 15 in relation to the date of effect of amendments.

14 Publication date of amendments to certain incorporated documents

(1) This regulation applies to any document that is applied, adopted or incorporated by, or referred to in, these Regulations, and either that is published, or that has notice of its making published, in the Commonwealth of Australia Gazette or on the Federal Register of Legislation.

(2) For the purposes of these Regulations, an amendment to the document is published—

(a) on the date on which it is published in the Commonwealth of Australia Gazette or on the Federal Register of Legislation; or

(b) on the date on which the notice of its making is published in the Commonwealth of Australia Gazette or on the Federal Register of Legislation.

15 Date of effect of amendments to incorporated documents

(1) If the effect of an amendment to any document applied, adopted or incorporated by these Regulations is to prohibit an activity, process or thing, the amendment takes effect on the day after it is published, or on any later date specified in the document by which the amendment was made.

(2) If the effect of an amendment to any document applied, adopted or incorporated by these Regulations is to impose a new obligation (other than the prohibition of an activity, process or thing) or to alter an existing obligation under these Regulations, a person may choose to comply with these Regulations as if the amendment had not been made until the expiry of 6 months after the date the amendment takes effect.

16 Inconsistencies between provisions

If 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.

Reg. 17 revoked by S.R. No. 141/2020 reg. 6.

Chapter 2—General duties and issue resolution

Part 2.1—General duties

18 Proper installation, use and maintenance of risk control measures

(1) A person who is required by these Regulations to use any particular measure to control risk must ensure that the measure is properly installed (if applicable), used and maintained.

Act compliance—sections 21, 22, 23, 24, 26, 29, 30 and 31 (see regulation 7).

(2) This regulation does not apply to a measure required by Part 5.2 (Major hazard facilities) or Part 5.3 (Mines).

Part 5.2 (Major hazard facilities) and Part 5.3 (Mines) are excluded from the operation of this regulation because they contain more specific requirements in relation to the installation, use and maintenance of risk control measures.

19 Medical examinations and health monitoring

(1) This regulation applies if, under these Regulations, an employer is required to ensure that an employee is medically examined or that any other form of health monitoring is conducted in relation to an employee.

(2) The employer must provide the employee with information about the purpose, and the type or nature, of the medical examination or other health monitoring.

Act compliance—sections 21 and 22 (see regulation 7).

(3) The medical examination or other health monitoring is to be undertaken at the employer's expense.

20 Reports of health monitoring to be kept confidential

(1) An employer must ensure that any report resulting from the medical examination or other health monitoring of a person required under these Regulations, and any summary of the results of such a report, is kept confidential except in the circumstances set out in subregulation (2).

(2) An employer must provide a copy of a report or summary referred to in subregulation (1) to—

(a) the person to whom the report or summary relates as soon as reasonably possible after the employer receives the report or summary; and

(b) if the person to whom the report or summary relates authorises in writing a third party to have access to the report or summary, that third party; and

(c) if the Authority requests a copy of the report or summary, or if the employer is otherwise required by these Regulations to give the Authority a copy of the report or summary, the Authority.

Section 69 of the Act provides that the health and safety representative of the members of a designated work group must be allowed access to information that an employer has relating to the health and safety of the members of the group. The section permits a health and safety representative to have access to relevant medical information relating
to an employee's health and safety that does not identify individual employees and, with the consent of an employee, medical information that identifies that employee.

21 How to involve health and safety representatives in consultation

(1) This regulation applies if an employer is required under the Act or the Regulations to consult with employees on a matter and the employees are represented by a health and safety representative.

Reg. 21(2) amended by S.R. No. 112/2021 reg. 8(1).

(2) For the purposes of section 35(4) of the Act, the employer must involve the health and safety representative in the consultation by—

(a) providing the health and safety representative with all of the information about the matter that the employer provides, or intends to provide, to the employees; and

(b) unless it is not reasonably practicable to do so, providing that information to the health and safety representative a reasonable time before providing the information to the employees; and

(c) inviting the health and safety representative to meet with the employer to consult about the matter; and

(d) if the invitation is accepted, or if otherwise requested by the health and safety representative, meeting with the health and safety representative to consult about the matter; and

(e) giving the health and safety representative a reasonable opportunity to express views about the matter; and

(f) taking into account the health and safety representative's views about the matter.

Note to reg. 21(2) substituted by S.R. No. 112/2021 reg. 8(2).

Act compliance—section 35 (see regulation 7).

Pt 2.1A (Heading and regs 21A–21F) inserted by S.R. No. 53/2022 reg. 5, revoked by S.R. No. 22/2017 reg. 21F.

Part 2.2—Issue resolution procedures

22 Application of Part

For the purposes of section 73(1) of the Act, this Part sets out the procedure to facilitate the resolution of health and safety issues arising at a workplace or from the conduct of an employer's undertaking if there is no relevant agreed procedure for resolution of those issues.

23 Parties to the resolution of issues

(1) For the purposes of section 73 of the Act, an employer must notify the employees, any health and safety representative and any health and safety committee in the appropriate manner and languages—

(a) as to whether the employer intends to participate in the resolution of an issue personally or to nominate an employer representative; and

(b) if an employer representative is to be nominated, of the name and position description of the employer representative.

Employer representatives must meet the requirements set out in section 73(2)(a) and (b) of the Act.

(2) If an issue arises before an employer representative has been notified in accordance with subregulation (1) and the employer is not available, the senior manager employed by the employer in that part of the workplace where the issue has arisen is to be the employer representative for the purpose of attempting to resolve the health and safety issue.

(3) Only a health and safety representative, or if there is no health and safety representative, an employee nominated under subregulation (4), can act on behalf of employees affected by an issue.

Section 57 of the Act states that if a health and safety representative ceases to hold office or is unable to exercise the powers of a health and safety representative then those powers may be exercised by a deputy health and safety representative.

(4) If there is no health and safety representative, the employees affected by an issue may nominate one or more employees to act on their behalf.

(5) At any stage in the resolution of an issue, a party may seek the assistance of any relevant organisation of employees or of employers to assist the parties to resolve the issue.

24 Procedure for reporting issues

(a) a health or safety issue arises at a workplace or from the conduct of the undertaking of an employer; and

(b) an employee wishes to raise the issue for resolution.

(2) The employee must report the issue to—

(a) the health and safety representative, if there is a health and safety representative; or

(b) to the employer or employer representative, if there is no health and safety representative.

(3) An employee may take all steps to report an issue, including leaving the employee's part of the workplace, if the steps are reasonable in the circumstances.

(4) Nothing in this regulation prevents an employee from reporting the issue to the employer or any other person in addition to the health and safety representative.

25 Procedure for resolving issues

(1) As soon as reasonably possible after a health or safety issue has been reported, the following persons must meet and try to resolve the issue—

(a) the employer or employer representative; and

(b) the health and safety representative or any employee nominated under regulation 23(4) or the employees affected by the issue.

(2) For the purpose of resolving the health and safety issue as quickly and effectively as possible the parties must take into account—

(a) the number and location of employees affected by the issue; and

(b) whether appropriate temporary measures are possible or desirable; and

(c) the time that may elapse before the issue is permanently resolved; and

(d) who, on behalf of the employer, is responsible for performing and overseeing any action agreed necessary to resolve the issue.

Section 20 of the Act sets out the matters that must be considered in ensuring health and safety.

(3) If, after the resolution of the health and safety issue, a party involved in the resolution of that issue asks the employer to set out in writing the details of the issue and matters relating to its resolution, the employer must do so, to the satisfaction of all parties.

(4) As soon as reasonably possible after the resolution of an issue, the employer must ensure that details of any written or oral agreement between the parties are—

(a) brought to the attention of the employees affected by the issue; and

(b) sent to any health and safety committee.

(5) Any of the parties involved in the resolution may send details of any agreement between the parties referred to in subregulation (4) to any relevant organisation of employees or of employers.

(6) An agreement referred to in subregulation (4) must be—

(a) in a form that is approved by all parties; and

(b) communicated in the manner and in any language that is agreed by the parties to be appropriate.

Part 4 of the Act sets out the duty of the employer to consult with employees, including involving the health and safety representative (if any). See also regulation 21.

Chapter 3—Physical hazards

Part 3.1—Hazardous manual handling

26 Hazard identification

An employer must, so far as is reasonably practicable, identify any hazardous manual handling undertaken, or to be undertaken, by an employee.

2 Hazardous manual handling is defined in regulation 5.

3 Part 4 of the Act sets out the duty of the employer to consult with employees, including in respect of identifying hazards, and requires the involvement of the health and safety representative (if any). See also regulation 21.

27 Control of risk

(1) An employer must, so far as is reasonably practicable, eliminate any risk of a musculoskeletal disorder associated with hazardous manual handling.

Musculoskeletal disorder is defined in regulation 5.

(2) If it is not reasonably practicable to eliminate a risk of a musculoskeletal disorder associated with hazardous manual handling, the employer must reduce the risk so far as is reasonably practicable by—

(a) altering—

(i) the workplace layout; or

(ii) the workplace environment, including heat, cold and vibration; or

(iii) the systems of work which involve hazardous manual handling; or

(b) changing the things used in the hazardous manual handling; or

(c) using mechanical aids; or

Sections 27 to 30 of the Act require designers of plant, buildings or structures (or parts of buildings or structures) and manufacturers and suppliers of plant or substances to ensure, so far as is reasonably practicable, that the plant, substance, building or structure (or part) is designed, manufactured or supplied (as the case may be) to be safe and without risks to health, including the risk of musculoskeletal disorder.

(3) If the employer has complied with subregulations (1) and (2) so far as is reasonably practicable and a risk of a musculoskeletal disorder associated with hazardous manual handling remains, the employer must reduce the risk so far as is reasonably practicable by using information, instruction or training.

(4) The employer may only rely solely or primarily on the use of information, instruction or training to control a risk of a musculoskeletal disorder associated with hazardous manual handling if none of the measures set out in subregulation (2) is reasonably practicable.

(5) Without affecting the generality of subregulations (1), (2), (3) and (4), the employer, when determining any measure to control a risk of a musculoskeletal disorder associated with hazardous manual handling, must take into account the following—

(a) postures;

(b) movements;

(c) forces;

(d) duration and frequency of the hazardous manual handling;

(e) environmental conditions including heat, cold and vibration that act directly on a person undertaking hazardous manual handling.

2 Part 4 of the Act sets out the duty of the employer to consult with employees, including in respect of making decisions about the measures to be taken to control risks to health or safety. This consultation must involve the health and safety representative (if any). See also regulation 21.

28 Review of risk control measures

(1) An employer must review and, if necessary, revise any measures implemented to control risks under regulation 27—

(a) before any alteration is made to any thing, process or system of work involving hazardous manual handling, including a change in the place where that work is undertaken; or

(b) if new or additional information about hazardous manual handling becomes available to the employer; or

(c) if an occurrence of a musculoskeletal disorder at a workplace is reported by or on behalf of an employee; or

(d) after any incident occurs to which Part 5 of the Act applies that involves hazardous manual handling; or

(e) if, for any other reason, the risk control measures do not adequately control the risks; or

(2) A health and safety representative may make a request under subregulation (1)(f) if the health and safety representative believes on reasonable grounds that—

(a) any of the circumstances referred to in subregulation (1)(a) to (e) exists; or

(ii) to take account of any of the circumstances referred to in subregulation (1)(a) to (e) in conducting a review of, or revising, the risk control measures.

Part 3.2—Noise

Division 1—Duties of designers, manufacturers and suppliers of plant

29 Designers

A designer of plant must, by taking noise emission and exposure into account, design the plant so that its sound power level is as low as is reasonably practicable.

30 Manufacturers

(1) A manufacturer of plant must, by taking noise emission and exposure into account, manufacture the plant so that its sound power level is as low as is reasonably practicable.

(2) If plant, when used at a workplace for the purpose for which it is manufactured, may cause an employee's exposure to noise to exceed the noise exposure standard, the manufacturer of the plant must—

(a) determine the sound power level of the plant; and

(b) when supplying the plant to another person, provide with the plant a record that states the sound power level of the plant.

31 Suppliers

(1) A supplier of plant must provide with the plant any record received from the person from whom the plant was acquired that states the sound power level of the plant.

(2) A supplier of plant must take any action that is reasonably necessary in the circumstances to obtain a record that states the sound power level of the plant from the person from whom the plant was acquired.

32 Determination of exposure to noise

(1) An employer must determine an employee's exposure to noise at the workplace in accordance with this regulation if there is uncertainty (based on reasonable grounds) as to whether the noise exposure standard is or may be exceeded.

(2) In considering whether a noise exposure standard is or may be exceeded, an employer must not take into account the effect of any hearing protectors the employee may be using.

(3) A determination under subregulation (1)—

(a) must take into account—

(i) the level of noise to which the employee is exposed; and

(ii) the duration of the exposure; and

(iii) plant and other sources of noise at the workplace; and

(iv) systems of work at the workplace; and

(v) any other relevant factors; and

(b) must not take into account the effect of any hearing protectors the employee may be using.

(4) If several employees are exposed to identical sources of noise at a workplace and their exposure to noise is likely to be the same, the employer may determine their exposure to noise by conducting a representative determination in relation to one or more of those employees.

33 Record of determinations

(1) An employer who makes a determination under regulation 32(1) must make a written record that—

(a) describes how the matters referred to in regulation 32(3) have been taken into account; and

(b) contains the results of the determination.

(2) An employer who makes a written record under subregulation (1) must keep the record for as long as it remains relevant.

(3) An employer who makes a written record under subregulation (1) must make the record readily accessible to—

(a) the health and safety representative of each designated work group to which the determination relates; and

(b) any employee to whom the determination relates.

34 Control of exposure to noise

(1) An employer must ensure that no employee at the workplace is exposed to noise that exceeds the noise exposure standard.

(2) For the purposes of subregulation (1), the employer must, so far as is reasonably practicable, eliminate the source of noise to which an employee is exposed.

(3) If it is not reasonably practicable to eliminate the source of the noise, the employer must reduce the exposure of the employee to noise so far as is reasonably practicable by—

(a) substituting quieter plant or processes; or

(b) using engineering controls; or

(c) combining any of the risk control measures referred to in paragraphs (a) and (b).

(4) If the employer has complied with subregulations (2) and (3) so far as is reasonably practicable and an employee is still exposed to noise that exceeds the noise exposure standard, the employer must reduce the exposure of the employee to noise, so far as is reasonably practicable, by using administrative controls.

(5) If the employer has complied with subregulations (2), (3) and (4) so far as is reasonably practicable and an employee is still exposed to noise that exceeds the noise exposure standard, the employer must provide hearing protectors to reduce the exposure of the employee to noise, so that it does not exceed the noise exposure standard.

(6) The employer providing hearing protectors under subregulation (5) must, when selecting the hearing protectors, consider—

(a) the nature of noise at the workplace; and

(b) noise levels at the workplace; and

(c) the duration of exposure to noise; and

(d) systems of work at the workplace.

The nature of the noise at the workplace may involve consideration of the frequency component, impulse or other relevant matters.

(7) If several employees are exposed to identical sources of noise at the workplace and their exposure to noise is likely to be the same, the employer may select hearing protectors for those employees by considering the factors in subregulation (6) in respect of one or more of those employees.

(8) If the employer proposes to implement a risk control measure referred to in subregulation (2) or (3) and it is not reasonably practicable to do so within 6 months of making the decision to implement the control measure, the employer must make a written record that describes the actions necessary to implement the risk control measure and when these actions will be carried out.

(9) Subregulation (8) does not reduce or limit the employer's obligation to comply with subregulation (1).

(10) The employer who makes a written record under subregulation (8) must ensure that the record is accessible to—

(a) the health and safety representative of each designated work group affected by the proposed control measure; and

(b) any employee affected by the proposed control measure.

(11) For the purposes of section 35(1) of the Act, when making a decision to implement the risk control measure that is the subject of a written record under subregulation (8), the employer must consult with employees who are directly affected by this decision.

Note 1 to reg. 34 substituted by S.R. No. 112/2021 reg. 9.

1 Act compliance—sections 21 and 35 (see regulation 7).

2 Part 4 of the Act sets out the duty of the employer to consult with employees, including in respect of making decisions about the measures to be taken to control risks to health or safety. This consultation must involve the health and safety representative (if any). See also regulation 21.

35 Hearing protector signs and labels

If an employer is required under regulation 34(5) to provide hearing protectors to an employee, the employer must clearly identify by signs, labelling of plant or other appropriate means, when and where the hearing protectors are to be worn.

36 Review of risk control measures

(1) An employer must review and, if necessary, revise any measures implemented to control an employee's exposure to noise—

(a) before any alteration is made to plant used or a system of work that is likely to result in exposure to noise above the noise exposure standard; or

(b) if the report by the person who conducts an audiological examination under regulation 38 states that the employee has suffered hearing loss that is likely to be due to exposure to noise; or

(c) after any incident occurs to which Part 5 of the Act applies that involves exposure to noise above the noise exposure standard; or

(d) if, for any other reason, the risk control measures do not adequately control noise exposure to a level at or below the noise exposure standard; or

(2) A health and safety representative may make a request under subregulation (1)(e) if the health and safety representative believes on reasonable grounds that—

(a) any of the circumstances referred to in subregulation (1)(a) to (d) exists; or

(ii) to take account of any of the circumstances referred to in subregulation (1)(a) to (d) in conducting a review of, or revising, the risk control measures.

Division 3—Audiometric tests and audiological examinations

37 Audiometric tests

If an employer is required under regulation 34(5) to provide hearing protectors to an employee, the employer must provide for audiometric testing for that employee—

(a) within 3 months after the employee commences the work in relation to which the hearing protectors are required; and

(b) at any time when reasonably requested to do so by the health and safety representative of the designated work group of which the employee is a member; and

(c) at least every 2 years.

38 Audiological examinations

If the results of 2 or more audiometric tests of an employee under regulation 37 during a period not exceeding 2 years indicate a reduction in hearing levels equal to or greater than 15 decibels at 3000 hertz, 4000 hertz or 6000 hertz, the employer must provide for the employee to undergo an audiological examination as soon as reasonably possible.

39 Report of audiological examination

An employer must obtain a report from the person who conducts an audiological examination in accordance with regulation 38 that—

(a) contains the results of the examination; and

(b) states whether or not the employee has suffered hearing loss that is likely to be due to exposure to noise.

40 Test results and examination reports

(1) If an employee is tested under regulation 37, or examined under regulation 38, the employer must keep the test results or examination report while the employee is employed by the employer.

(2) Subject to subregulation (3), the employer must, on request, provide a health and safety representative with aggregate results of the most recent audiometric tests under regulation 37 in relation to the representative's designated work group as soon as reasonably possible.

(3) Aggregate results provided under subregulation (2) must not contain information that identifies the employees tested or from which an employee's identity could be reasonably obtained.

Part 3.3—Prevention of falls

41 Application of Part

(1) This Part applies to the prevention of falls.

1 A fall in this Part means an involuntary fall of more than 2 metres (see the definition of fall in regulation 5).

2 Section 21 of the Act imposes duties on employers to, so far as is reasonably practicable, provide and maintain a working environment that is safe and without risks to health. This includes managing risks associated with falls of 2 metres or less. In accordance with section 20(1) of the Act, employers must eliminate risks associated with falls of 2 metres or less so far as is reasonably practicable and, if it is not reasonably practicable to eliminate the risks, reduce those risks so far as is reasonably practicable, having regard to the matters set out in section 20(2) of the Act.

(2) This Part does not apply in relation to—

(a) the following activities that are carried out under the control or management of an employer—

(i) the performance of stunt work;

(ii) the performance of acrobatics;

(iii) a theatrical performance;

(iv) a sporting or athletic activity;

(v) the riding of a bicycle, motorcycle or all‑terrain vehicle;

(vi) horse riding;

(vii) rock climbing, recreational abseiling or any other similar activities; or

(b) a task that is undertaken on those parts of a building or structure (including stairs, fixed ladders, ramps and balconies) that—

(i) comply with any applicable requirements of AS 1657—Fixed platforms, walkways, stairways and ladders—Design, construction and installation; and

(ii) comply with any applicable requirements of the Building Regulations 2006[1]; and

(iii) are used for the purpose for which they were designed, including for entry and exit; or

(c) any activity determined by the Authority in accordance with subregulation (3).

(3) The Authority may determine an activity to be excluded from the application of this Part if the Authority is satisfied that the activity is of a similar nature to an activity referred to in subregulation (2)(a).

42 Application to employers of emergency service employees

Without limiting the application of this Part (other than regulations 45, 46 and 47), regulations 45, 46 and 47 apply only so far as is reasonably practicable to an employer of—

(a) an emergency service employee when that employee is—

(i) undertaking the rescue of a person; or

(ii) providing first aid to a person; or

(iii) undertaking training to deal with emergency and rescue operations; or

(iv) carrying out an emergency response; or

(b) a law enforcement officer within the meaning of the Surveillance Devices Act 1999 when that officer is—

(i) installing, using, maintaining or retrieving a surveillance device or a tracking device under an emergency authorisation or a warrant issued under that Act; or

(ii) engaged in any other surveillance operation authorised by a senior officer under that Act; or

(iii) undertaking training in relation to surveillance duties or operations required in the application of that Act.

43 Hazard identification

An employer must, so far as is reasonably practicable, identify any task that an employee is required to undertake at a workplace that involves a fall hazard including—

(a) on any plant or structure being constructed, demolished, inspected, tested, maintained, repaired or cleaned; or

(b) on a fragile, slippery or potentially unstable surface; or

(c) using equipment to gain access to an elevated level or to undertake the task at an elevated level; or

(d) on a sloping surface on which it is difficult to maintain balance; or

(e) in close proximity to an unprotected edge; or

(f) in close proximity to a hole, trench, shaft or pit that is of sufficient dimensions to allow a person to fall into the hole, trench, shaft or pit.

44 Control of risk

(1) An employer must, so far as is reasonably practicable, eliminate any risk associated with a fall at the workplace.

An employer might arrange for an employee or contractor who is required to undertake a task that involves a risk associated with a fall to undertake the task on the ground or on a solid construction that has no risk associated with a fall. (See the definition of solid construction in regulation 5*.*)

(2) If it is not reasonably practicable to eliminate a risk associated with a fall, the employer must reduce the risk so far as is reasonably practicable by using a passive fall prevention device.

Examples of a passive fall prevention device are given in the definition of that term in regulation 5.

(3) If it is not reasonably practicable to reduce a risk associated with a fall in accordance with subregulation (2), the employer must reduce the risk so far as is reasonably practicable by using a work positioning system.

See the definition of work positioning system in regulation 5.

(4) If it is not reasonably practicable to reduce a risk associated with a fall in accordance with subregulation (2) or (3), the employer must reduce the risk so far as is reasonably practicable by using a fall arrest system.

Examples of a fall arrest system are given in the definition of that term in regulation 5.

(5) If it is not reasonably practicable to reduce a risk associated with a fall in accordance with subregulation (2), (3) or (4), the employer must reduce the risk so far as is reasonably practicable by using—

(a) a fixed or portable ladder in accordance with regulation 45; or

(b) administrative controls.

1. Act compliance— section 21 (see regulation 7).
2. Part 4 of the Act sets out the duty of the employer to consult with employees, including in respect of making decisions about the measures to be taken to control risks to health or safety. This consultation must involve the health and safety representative (if any). See also regulation 21.

45 Use of ladder as a control measure

An employer must ensure that a fixed or portable ladder used to reduce a risk associated with a fall—

(a) is fit for the purpose; and

(b) is appropriate for the duration of the task; and

(c) is set up in a correct manner.

46 Use of administrative control only

(1) If an employer uses only an administrative control in accordance with regulation 44(5)(b) to reduce a risk associated with a fall, the employer must, before the task is undertaken, record—

(a) a description of the administrative control used; and

(b) a description of the task to which the administrative control relates.

(2) In complying with subregulation (1), an employer may make a generic record in respect of a task to which an administrative control relates if the task will be undertaken in the same or similar circumstances at more than one workplace or at more than one area within a workplace.

(3) The employer must keep a record made under this regulation for the period during which the task to which the administrative control relates is being undertaken.

(4) The preparation of a safe work method statement in accordance with regulation 327 is to be taken to be compliance with subregulation (1).

47 Use of plant to control risk

(1) An employer must ensure that any plant used to control a risk associated with a fall is—

(a) designed and constructed for the task or range of tasks to be undertaken; and

(b) designed and constructed in such a way as to enable its safe use in the physical surroundings in which it is to be used and the conditions during which it is to be used.

Examples of physical surroundings are the type of surface supporting plant and proximity to powerlines or trees.

Examples of conditions are lighting and weather conditions.

(2) An employer must ensure that the installation, erection or dismantling of plant used to control a risk associated with a fall is carried out in such a manner as to reduce so far as is reasonably practicable any risk while that installation, erection or dismantling is being carried out.

Examples of the risks to be reduced are risks associated with a fall, electric shock, crushing and musculoskeletal disorder.

48 Review of risk control measures

(1) An employer must review and, if necessary, revise any measures implemented to control risks associated with falls—

(a) before any alteration is made to plant or systems of work that is likely to result in a fall; or

(b) after any incident occurs to which Part 5 of the Act applies that involves a fall or a risk associated with a fall; or

(2) A health and safety representative may make a request under subregulation (1)(d) if the health and safety representative believes on reasonable grounds that—

(ii) to take account of any of the circumstances referred to in subregulation (1)(a), (b) and (c) in conducting a review of, or revising, the risk control measures.

49 Emergency procedures

(1) If an employer uses a risk control measure in accordance with subregulation (2), (3), (4) or (5) of regulation 44, the employer must ensure that emergency procedures are established in accordance with subregulations (2) and (3) before the task is undertaken.

(2) The employer must ensure that the emergency procedures—

(a) so far as is reasonably practicable, enable—

(i) the rescue of an employee in the event of a fall; and

(ii) the provision of first aid to an employee who has fallen; and

(b) can be carried out immediately after a fall.

(3) The employer must ensure that any risk associated with carrying out the emergency procedures is—

Examples of risks associated with carrying out emergency procedures are risks associated with a fall and risks of electric shock, crushing and musculoskeletal disorder.

(4) The employer must ensure that the emergency procedures are carried out immediately after the fall.

Part 3.4—Confined spaces

50 Application to employers of emergency service employees

This Part does not apply to an employer of an emergency service employee if, at the direction of the employer, the employee is—

(a) undertaking the rescue of a person from a confined space; or

(b) providing first aid to a person in a confined space.

Division 2—Duties of designers, manufacturers and suppliers of plant

51 Designers

A designer of plant that includes, or is intended to include, a confined space must design the plant so that—

(a) so far as is reasonably practicable, the need for any person to enter the space is eliminated; or

(b) if it is not reasonably practicable to eliminate the need to enter the space—

(i) the need to enter is reduced so far as is reasonably practicable; and

(ii) so far as is reasonably practicable, any risk associated with the means of entry to and exit from the space is eliminated or, if it is not reasonably practicable to

eliminate the risk, reduced so far as is reasonably practicable.

52  Manufacturers

A manufacturer of plant that includes, or is intended to include, a confined space must manufacture the plant so that—

(a) so far as is reasonably practicable, the need for any person to enter the space is eliminated; or

(b) if it is not reasonably practicable to eliminate the need to enter the space—

(i) the need to enter is reduced so far as is reasonably practicable; and

(ii) so far as is reasonably practicable, any risk associated with the means of entry to and exit from the space is eliminated or, if it is not reasonably practicable to eliminate the risk, reduced so far as is reasonably practicable.

53 Suppliers

A supplier of plant that includes, or is intended to include, a confined space must ensure, so far as is reasonably practicable, that the plant has been designed and manufactured in accordance with regulations 51 and 52 before the plant is supplied.

Division 3—Duties of employers and

54 Application of Division

In this Division a reference to a confined space in relation to an employer or self-employed person means a confined space under the management or control of the employer or self-employed person.

55 Hazard identification

(1) An employer or a self-employed person must, so far as is reasonably practicable, identify all hazards associated with work in a confined space.

2 See definition of work in a confined space in regulation 5.

(2) An employer or self-employed person may carry out hazard identification under subregulation (1) for a class of confined space rather than for an individual confined space if—

(a) all the confined spaces in the class are similar; and

(b) the identification carried out for the class of confined space does not result in any employee being subject to any greater, additional or different risk to health or safety than if the identification were carried out for each individual confined space.

56 Control of risk

(1) An employer or self-employed person must, so far as is reasonably practicable, eliminate any risk associated with work in a confined space.

An employer or self-employed person could eliminate risks associated with work in a confined space by eliminating the need for any person to enter the space.

(2) If it is not reasonably practicable to eliminate a risk associated with work in a confined space, the employer or self-employed person must reduce the risk so far as is reasonably practicable by taking into account the following matters—

(a) the nature of the confined space;

(b) if a hazard is associated with the level of oxygen or the level of any contaminant in the atmosphere of the confined space, any change that may occur in the level of oxygen or contaminant;

(c) the work required to be performed in the confined space, the range of methods by which the work can be done and the selected method of working;

(d) any work required to be performed outside the confined space that may be associated with a hazard;

(e) the means of entry to and exit from the confined space;

(f) the type of emergency procedures required.

2 Part 4 of the Act sets out the duty of the employer to consult with employees, including in respect of making decisions about the measures to be taken to control risks to health or safety. This consultation must involve the health and safety representative (if any). See also regulation 21.

57 Isolation of plant and services

(1) An employer or self-employed person must,
so far as is reasonably practicable, eliminate any risk associated with work in a confined space in relation to the following—

(a) the introduction of any substance or condition from or by any plant or services connected to the space;

(b) the activation or energising in any way of any plant or services connected to the space.

(2) If it is not reasonably practicable for the employer or self-employed person to eliminate a risk referred to in subregulation (1), the employer or self-employed person must reduce the risk so far as is reasonably practicable.

58 Atmosphere

(1) An employer or self-employed person must ensure, in relation to work in a confined space, that—

(a) so far as is reasonably practicable, purging or ventilation of any contaminant in the atmosphere of the space is carried out; and

(b) pure oxygen or gas mixtures with oxygen in a concentration greater than 21% by volume are not used for purging or ventilation of any contaminant in the atmosphere of the space.

(2) An employer or self-employed person must ensure, during work in a confined space, that—

(a) the atmosphere of the space has a safe oxygen level; or

(b) if it is not reasonably practicable to comply with paragraph (a), the employee is provided with air-supplied respiratory protective equipment.

(3) An employer must ensure, during work in a confined space, that—

(a) an employee is not exposed to an atmospheric concentration of a contaminant in the atmosphere of the space above the exposure standard (if any) for that contaminant; or

(b) if it is not reasonably practicable to comply with paragraph (a), the employee is provided with air-supplied respiratory protective equipment or other appropriate respiratory protective equipment.

(4) An employer must ensure that an employee uses the personal protective equipment provided under this regulation.

(5) In this regulation, purging means the method by which any contaminant is displaced from a confined space.

59 Fire or explosion

If there is a likelihood of fire or explosion in a confined space, an employer or self-employed person must ensure that no source of ignition is introduced to the space, whether introduced from within or outside the space.

60 Flammable gases or vapours

(1) An employer or self-employed person must ensure during work in a confined space that—

(a) so far as is reasonably practicable, the concentration of any flammable gas or vapour in the atmosphere of the space is below 5% of its LEL; or

(b) if it is not reasonably practicable to comply with paragraph (a) and the concentration of any flammable gas or vapour in the atmosphere of the space—

(i) is, or is likely to be, equal to or greater than 5% but less than 10% of its LEL, any employee is removed immediately from the space unless a suitably-calibrated, continuous-monitoring, flammable gas detector is used in the space while the employee is in the space; or

(ii) is equal to or greater than 10% of its LEL, any employee is removed immediately from the space.

(2) In this regulation, LEL (lower explosive limit) of a flammable gas or vapour means the concentration of that gas or vapour in air below which the propagation of a flame does not occur on contact with an ignition source.

61 Signs

(1) An employer or self-employed person must erect signs that comply with subregulation (2) in the immediate vicinity of a confined space for any period that—

(a) work is performed in the confined space; or

(b) work is performed in preparation for, or completion of, work in the confined space.

(2) The signs must—

(a) identify the confined space; and

(b) notify employees that they must not enter the confined space unless they have a confined space entry permit; and

(c) be clear and prominently positioned next to each entry point to the confined space.

62 Review of risk control measures

(1) An employer or self-employed person must review and, if necessary, revise any measures implemented to control risks associated with work in a confined space—

(a) after any incident occurs to which Part 5 of the Act applies that involves work in a confined space; or

(b) if, for any other reason, the risk control measures do not adequately control the risks; or

(c) after receiving a request from a health and safety representative.

(2) A health and safety representative may make a request under subregulation (1)(c) if the health and safety representative believes on reasonable grounds that—

(a) any of the circumstances referred to in subregulation (1)(a) or (b) exist; or

(ii) to take account of the circumstances referred to in subregulation (1)(a) and (b) in conducting a review of, or revising, the risk control measures.

63 Confined space entry permit

(1) An employer must ensure that an employee does not enter a confined space unless the employer has issued a confined space entry permit in accordance with this regulation permitting the employee to enter the confined space.

(2) A confined space entry permit—

(a) must only apply to one confined space; and

(b) may permit one or more employees to enter that confined space.

(3) A confined space entry permit must list—

(a) the confined space to which the permit applies; and

(b) the measures to control risks associated with the confined space; and

(c) the name of any employee permitted to enter the confined space; and

(d) if an employer assigns any person to perform any function in relation to regulation 65, the name of that person; and

(e) the period that the permit is in operation.

64 Employer to keep entry permits

An employer must keep each confined space entry permit issued by the employer—

(a) until the work to which it relates is completed; or

(b) if a notifiable incident occurs in connection with the work to which the permit relates, for at least 2 years after the date on which the incident occurs.

65  Communication and initiation of emergency procedures

An employer must ensure that when an employee is working in a confined space—

(a) there is continuous communication from outside the confined space between the employer, or a person assigned by the employer, and the employee in the confined space; and

(b) the emergency procedures can be initiated from outside the confined space.

66 Procedures to indicate entry into confined space

An employer must, for the period of the operation of the confined space entry permit, have in place a procedure under which the employer, or a person assigned by the employer, knows when any employee is in the confined space.

67 Procedures to ensure exit from confined space

An employer must ensure that all employees have exited a confined space on completion of work for which a confined space entry permit is in operation.

68 Record of exit from confined space

An employer must keep a written record that all employees have exited a confined space on completion of work for which a confined space entry permit is in operation.

69 Emergency procedures

(1) An employer or self-employed person must have, in relation to work in a confined space, emergency procedures, in accordance with subregulations (2) and (3), for the control and management of an emergency in the confined space, including procedures for—

(a) the rescue of any person from the confined space; and

(b) first aid to be provided to any person in the confined space and after rescue from the confined space.

(2) The employer or self-employed person must ensure that the emergency procedures—

(a) take into account the matters referred to in—

(i) regulation 56(2)(a) to (e); and

(ii) regulations 65 and 66; and

(b) can be carried out immediately after an emergency arises in the confined space.

(3) The employer or self-employed person must ensure that any risk associated with carrying out the emergency procedures is—

Examples of risks associated with carrying out emergency procedures are risks of loss of consciousness, injury or death due to the effect of airborne contaminants, fire or explosion, asphyxiation due to oxygen deficiency or engulfment by stored materials.

(4) The employer must ensure that the emergency procedures are rehearsed by the relevant employees.

(5) The employer or self-employed person must ensure that the emergency procedures are carried out immediately after an emergency arises in a confined space.

70 Emergency procedures—personal protective equipment

(1) An employer must provide an employee with air‑supplied respiratory protective equipment if the employee enters, or carries out emergency procedures in, a confined space in an emergency—

(a) arising from an atmosphere that does not have a safe oxygen level or has a harmful level of any contaminant; or

(b) if there is a likelihood of a condition under paragraph (a) arising while the employee is in the confined space.

(2) An employer must provide an employee with appropriate personal protective equipment if the employee enters or carries out emergency procedures in a confined space in an emergency—

(a) arising from engulfment; or

(b) if there is a likelihood of a condition under paragraph (a) arising while the employee is in the confined space.

(3) An employer must ensure that an employee uses the personal protective equipment provided under this regulation.

71 Emergency procedures—entry and exit for rescue

(1) An employer or self-employed person must ensure that—

(a) openings for the entry to and exit from a confined space are of adequate size to permit the rescue of any person in the space and are not obstructed by fittings or plant that could impede the rescue; or

(b) if it is not reasonably practicable to comply with paragraph (a), an alternative means of entry to and exit from the space for rescue purposes is provided.

(2) If an alternative means of entry to and exit from a confined space for rescue purposes is provided under subregulation (1)(b), the employer or self employed person must ensure that any risk associated with the alternative means is—

72 Emergency procedures—maintenance of plant

An employer or self-employed person must ensure that any plant provided for use in the emergency procedures is maintained so that it is fit for the purpose.

73 Information, instruction and training

An employer must ensure, in relation to work in a confined space, that the relevant employees are given information, instruction and training in—

(a) the nature of any hazard associated with the confined space; and

(b) the need for, and proper use of, measures to control risk; and

(c) the selection, use, fit, testing and storage of any personal protective equipment; and

(d) the contents of any confined space entry permit relevant to the employees; and

(e) the emergency procedures.

Part 3.5—Plant

74 Application of Part

(1) This Part applies to the following types of plant—

(a) subject to subregulation (2), plant that processes material by way of a mechanical action that—

(i) cuts, drills, punches or grinds the material; or

(ii) presses, forms, hammers, joins or moulds the material; or

(iii) combines, mixes, sorts, packages, assembles, knits or weaves the material—

including plant where the functions referred to in subparagraphs (i), (ii) and (iii) are incidental to the main purpose of the plant;

(b) subject to subregulation (2), plant that lifts or moves persons or materials (other than a ship, boat, aircraft or, except as provided in subregulation (4), a vehicle designed to be used primarily as a means of transport on a public road or rail);

(c) pressure equipment;

(d) tractors;

(e) earthmoving machinery;

(f) lasers;

(g) scaffolds;

(h) temporary access equipment;

(i) explosive-powered tools;

(j) turbines;

(k) amusement structures.

An example of materials under subregulation (1)(b) includes objects and substances such as empty receptacles, bins, landfill rubbish, metals and soil.

(2) Subregulation (1)(a) and (b) do not include plant that—

(a) relies exclusively on manual power for its operation; or

(b) is designed to be primarily supported by hand.

(3) Unless specified otherwise, this Part applies irrespective of the date on which plant was manufactured.

(4) Division 5 applies to a vehicle designed to be used primarily as a means of transport on public roads or rail, if the vehicle is being used at a workplace other than a public road or rail.

Plant includes any machinery, equipment, appliance, implement and tool, and any component of those things and anything fitted, connected or related to any of those things (see section 5 of the Act).

75 Hazard identification may be for classes of plant

(1) This regulation applies to a person who—

(a) has a duty under Part 3 of the Act to, so far as is reasonably practicable, eliminate risks associated with plant; and

(b) is required under this Part to identify the hazards associated with plant.

(2) A person referred to in subregulation (1) may carry out procedures to identify the hazards for a class of plant rather than for an individual item of plant if—

(a) all the plant in the class have similar functions and productive capacity; and

(b) the identification carried out for the class of plant does not result in any person being subject to a greater, additional or different risk to health or safety than if the identification were carried out for each individual item of plant.

Division 2—Duties of designers of plant

76 Hazard identification

A designer of plant must, so far as is reasonably practicable, identify all hazards associated with the use of the plant during the design of the plant.