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Home / Legislation / Occupational Health and Safety Regulations 2017 / Div 5 VIC In Force Regulation
Occupational Health and Safety Regulations 2017
Div 5Transitional provisions—engineered stone licences 305 Start here
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Explain section 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
Next section 2 Authorising provisions
Division Div 5 - Occupational Health and Safety Regulations 2017 - Transitional provisions—engineered stone licences 305 | Zoe 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
372 Safety management system 345
373 Operator to keep safety management system available 345
374 Review of safety management system 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
Division 1—Introductory matters 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
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
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
429 Working environment 388
430 Ventilation system 389
431 Record of monitoring and testing 389
434 Emergency plan to be kept and sent to emergency services and municipal councils 391
435 Emergency plan must be tested 392
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
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
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
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
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
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
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
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
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
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
555 General transitional provisions 492
556 Former Regulations 492
557 Licence classes for pressure equipment operation 492
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
1 General information 570
2 Table of Amendments 572
3 Explanatory details 574
Occupational Health and Safety Regulations 2017
Version incorporating amendments as at
Part 1.1—Introductory matters
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.