Occupational Health and Safety Regulations 2017
139Authorisation to carry out assessments of competency
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139 Authorisation to carry out assessments of competency
(1) The Authority may authorise a person to carry out assessments of competency in relation to a class or classes of high risk work for the purpose of these Regulations, for a specified period.
Person includes a body corporate, unincorporated body or association and a partnership (see section 5(1) of the Act).
(2) The authorisation must be in writing and specify the relevant class or classes of high risk work to which it applies.
(3) The Authority may impose on the authorisation any terms or conditions that it considers necessary to authorise a person to carry out assessments of competency for the purposes of these Regulations.
Chapter 4—Hazardous substances and materials
Part 4.1—Hazardous substances
140 Application of Part
(1) This Part does not apply to the following classes of substance if the use of the substance is not related to a work activity—
(a) food within the meaning of the Food Act 1984;
(b) therapeutic goods within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth;
(c) cosmetics;
(d) tobacco or products made of tobacco;
(e) toiletries and toilet products.
(2) This Part does not apply to—
(a) any culture or preparation of pathogenic micro-organisms or other material capable of causing disease in humans in relation to which regulations may be made under section 238(1)(u) of the Public Health and Wellbeing Act 2008; or
(b) radioactive materials within the meaning of the Radiation Act 2005; or
(c) asbestos.
(3) This Part applies to scheduled carcinogenic substances.
(4) This Part does not apply to the transport of hazardous substances.
Division 2—Duties of manufacturers and suppliers
Subdivision 1—Introductory matters
141 Application of Division
(1) This Division applies to the manufacture and supply of hazardous substances, including hazardous substances containing—
(a) lead; or
(b) organic lead compounds.
Supply includes supply of hazardous substances by an importing supplier.
(2) In this Division, the duties of a manufacturer only apply to the manufacture of a substance at a workplace for sale or exchange to another workplace.
(3) In this Division, the duties of a manufacturer or a supplier do not apply in relation to a substance that is produced as a waste—