1Conditions that might cause mechanical damage to the equipment.

1 Conditions that might cause mechanical damage to the equipment. 2 Conditions that might expose the equipment to moisture, heat, vibration, corrosive substances or dust that is likely to result in damage to the equipment. 10.07 Duty to inspect and test electrical installations An employer must ensure that each electrical installation at a workplace is inspected and tested by a competent person during the period: (a) starting when it is installed; and (b) ending before it is first energised for the purpose of normal use. > Note Further duties relating to electrical installation work are set out in Division 10.4. 10.08 Duty to disconnect unsafe electrical equipment and installations (1) If electrical equipment or an electrical installation at a workplace is unsafe, or is reasonably believed to be unsafe, the employer must, as soon as practicable, arrange for the installation or equipment to be: (a) disconnected from the electricity supply; and (b) repaired, removed from use, or replaced. (2) The employer must also: (a) place at least one warning label or sign on the equipment in a prominent place; and (b) take measures to avoid inadvertent reconnection while the equipment is disconnected. 10.09 Underground electrical cables An employer at a workplace at which excavation work is to be carried out must: (a) obtain information about the location of all underground electrical cables at or near the workplace; and (b) give the information to all persons who are undertaking, or intending to undertake, excavation work at the workplace. 10.10 Overhead electrical lines (1) Subject to subregulation (2), an employer must ensure that none of the following comes within close proximity of overhead electrical lines at a workplace: (a) employees at the workplace; (b) plant; (c) tools; (d) equipment other than tools; (e) material used in or arising from the work. (2) Subregulation (1) does not apply to work that is done in accordance with: (a) a written risk assessment; and (b) a safe work method statement; and (c) the requirements of the electricity supply authority in relation to the workplace. 10.11 Cords, cables and fittings (1) An employer must ensure that an electrical cord or electrical cable: (a) is located where it is not likely to be damaged; and (b) is protected from damage; and (c) is not laid across a passageway unless the cord or cable is suitably protected. (2) An employer must ensure that a fitting for an electrical cord or electrical cable: (a) is located where the fitting and the cord or cable are not likely to be damaged; and (b) is protected from damage; and (c) for a fitting that can be laid — is not laid across a passageway unless the fitting and the cord or cable are suitably protected. 10.12 Hazard warning signs (1) An employer must ensure, as far as reasonably practicable, that signs are displayed at or near an area of the workplace at which there is a risk of exposure to hazards arising from electricity. (2) The employer must ensure that each sign: (a) warns of the hazards; and (b) if necessary — restricts access of employees, contractors and other persons at the workplace to the area. Division 10.3 Duty to keep records 10.13 Record‑keeping (1) In addition to keeping the records required under Division 10.2, an employer must keep a record of: (a) all maintenance carried out on electrical equipment and electrical installations; and (b) all inspections and tests carried out under regulations 10.06 and 10.07. (2) The records must include the following information: (a) the name of the person who carried out the maintenance, inspection or test; (b) the date or dates on which the maintenance, inspection or test was carried out; (c) the result of the maintenance, inspection or test; (d) the date on which the next inspection or test is to be carried out. (3) The employer must keep the record for at least 5 years. Division 10.4 Electrical installations 10.14 Electrical installations not energised (1) Subject to subregulation (2), an employer must ensure that electrical installation work at a workplace is not carried out at any time at which a circuit or apparatus of the installation on which the work will be carried out is energised. (2) Subregulation (1) does not apply to electrical installation work if all of the following circumstances exist: (a) it is necessary, to minimise the risk of injury, to carry out the work while the circuits and apparatus are energised; (b) a written risk assessment for the work has been completed in consultation with the person proposing to do the work; (c) the work is to be carried out in accordance with a safe work method statement for the work; (d) the work has been authorised by the person in control of the workplace; (e) each employee who is to do the work is appropriately qualified, trained and instructed in safe work practices for the particular task, including the proper use of equipment, tools, accessories and personal protective equipment; (f) appropriate test equipment, tools and accessories are: (i) provided to the persons doing the work; and (ii) properly used; and (iii) well maintained; (g) appropriate clothing and personal protective equipment are: (i) provided to the persons doing the work; and (ii) properly worn and used; (h) the isolation point of the electricity supply: (i) has been clearly identified; and (ii) is able to be reached and operated quickly without any need to remove or negotiate obstacles; (i) the work area is clear of obstructions to safe entry and exit; (j) unauthorised persons are prevented from entering the work area by signage or barriers; (k) the work is carried out in the presence of a safety observer who is: (i) competent to perform the task to be carried out; and (ii) competent in electrical rescue and cardio‑pulmonary resuscitation. 10.15 Electrical installation work — safe system of work (1) If subregulation 10.14 (1) applies to an employer, the employer must ensure that a safe system of work exists to ensure that: (a) electrical installation work at the workplace is not carried out at any time at which a circuit or apparatus of the installation on which the work will be carried out is energised; and (b) each circuit or apparatus of the installation on which the electrical installation work will be carried out: (i) is not energised when the work commences; and (ii) does not become energised until the work is completed. (2) If subregulation 10.14 (2) applies to an employer, the employer must ensure that electrical installation work at a workplace is carried out using a safe system of work that includes procedures to ensure that the circuits and apparatus of the installation on which the work will be carried out are energised to the minimum extent practicable. (3) For subregulations (1) and (2), the employer must also ensure that the safe system of work includes procedures to eliminate or minimise the risk that the employee carrying out the work may inadvertently contact: (a) a part of the installation that remains energised; or (b) another electrical installation; or (c) electrical equipment. Division 10.5 Duties of employees 10.16 Duty to undertake electrical work An employee must not undertake electrical work at a workplace unless the employee is a competent person in relation to that work. Division 10.6 Duties of contractors 10.17 Duty to undertake electrical work A contractor must not undertake electrical work at a workplace unless the contractor is a competent person in relation to that work. Part 11 Driver fatigue Division 11.1 Introduction 11.01 Object of Part 11 The objective of this Part is to control driver fatigue, and to ensure the safety of drivers and other people: (a) by the implementation of suitable plans to manage the fatigue of drivers of heavy trucks, buses and commercial buses; and (b) by requiring employees and contractors to comply with driver fatigue management plans; and (c) by requiring consignors, consignees and other people not to act in a way that imposes unreasonable timeframes on drivers. 11.02 Application of Part 11 (1) This Part applies to an employer who is in control of: (a) a heavy truck; or (b) a bus; or (c) a commercial bus; because the employer uses the heavy truck, bus or commercial bus on a regular basis to transport people or goods. (2) Divisions 11.1 and 11.4 of this Part also apply to an employer who is a consignor or consignee. 11.03 Definitions for Part 11 > bus means a motor vehicle that: (a) is built principally for the purpose of carrying people; and (b) is capable of carrying 12 or more seated adults (including the driver); and (c) is not operated to carry people or goods for reward, or as part of a commercial business. > commercial bus means a motor vehicle that: (a) is built principally for the purpose of carrying people; and (b) is capable of carrying 12 or more seated adults (including the driver); and (c) is operated to carry people or goods for reward, or as part of a commercial business. > consignee means an employer who engages or proposes to engage a person who is not an employee, directly or through an agent or other intermediary, for the purpose of: (a) transporting goods to the employer by road; or (b) transporting people to the employer by road. > consignor means an employer who engages or proposes to engage a person who is not an employee, directly or through an agent or other intermediary, for the purpose of: (a) transporting goods from the employer by road; or (b) transporting people from a workplace by road; or (c) transporting people by road from another place for the purposes of the employer. > driver means a person who drives a heavy truck, a bus or a commercial bus for the purposes of an employer, whether the driver is an employee or not. > driver fatigue management plan means a plan that: (a) sets out details of an employer’s processes to manage the risks imposed by driver fatigue; and (b) is prepared in accordance with regulation 11.07. > driving means the driving of a heavy truck, bus or commercial bus, including: (a) being in the driver’s seat of a stationary heavy truck, bus or commercial bus while the engine is running; and (b) being in a heavy truck, bus or commercial bus for the purpose of: (i) instructing another person to drive it; or (ii) supervising another person’s driving of the heavy truck, bus or commercial bus. > driving time, for a driver, is the time that the driver spends driving on: (a) a road within the meaning of the National Transport Commission (Road Transport Legislation — Driving Hours Regulations) Regulations 2006; or (b) a road‑related area within the meaning of those Regulations. > heavy truck means: (a) a motor vehicle that: (i) is not a bus or tram; and (ii) has a Gross Vehicle Mass (GVM) of over 12 tonnes; and (b) a motor vehicle that: (i) is not a bus or tram; and (ii) forms part of a combination vehicle in relation to which the total of the GVMs of the vehicles in the combination is more than 12 tonnes. > rest time, for a driver, is a continuous period of at least 15 minutes that is not the driver’s work time. > work time, for a driver, is the total of: (a) the driver’s driving time; and (b) any time that the driver spends: (i) loading or unloading a heavy truck, bus or commercial bus to which this Part relates; or (ii) inspecting, servicing or repairing the heavy truck, bus or commercial bus; or (iii) inspecting or attending to the load on the heavy truck, bus or commercial bus; or (iv) attending to the passengers of the bus or commercial bus; or (v) cleaning or refuelling the heavy truck, bus or commercial bus; or (vi) performing marketing tasks in relation to the operation of the heavy truck, bus or commercial bus; or (vii) helping with, or supervising, an activity mentioned in paragraph (a) or subparagraphs (i) to (vi); or (viii) recording information, or completing a document, in accordance with these Regulations in relation to the operation of the heavy truck, bus or commercial bus; or (ix) recording information, or completing a document, in accordance with another obligation in relation to the operation of the heavy truck, bus or commercial bus. Division 11.2 Duties of employers 11.04 Duty to assess and manage fatigue of drivers (1) An employer must identify: (a) any significant risk of serious injury; or (b) any risk of death; arising from the fatigue of a driver. (2) The employer must make a record of each risk that has been identified. 11.05 Duty to assess risks (1) If a risk is identified under subregulation 11.04 (1), the employer must: (a) arrange for an assessment of the risk; and (i) take measures to eliminate the risk; or (ii) if it is not reasonably practicable to eliminate the risk — take measures to minimise the risk as far as reasonably practicable. (2) The employer must make a record of: (a) each risk that has been assessed; and (b) each measure taken to eliminate or minimise the risk. 11.06 Duty to ensure that driver does not risk fatigue An employer must not allow a driver to transport people or goods in a heavy truck, a bus or a commercial bus for the purposes of the employer unless the employer has complied with regulations 11.04 and 11.05. 11.07 Duty to develop and implement driver fatigue management plan (1) An employer must develop and implement a management plan (a driver fatigue management plan) for the control of the risks of serious injury or death arising from the fatigue of a driver who is: (a) an employee; or (b) a contractor. (2) The employer must ensure that the management plan: (a) deals with all drivers who are employees or contractors; and (b) is prepared in consultation with those employees; and (c) is prepared, as far as practicable, in consultation with those contractors. (3) The management plan must include arrangements for the following matters: (a) the preparation of rosters for drivers that take into account: (i) timeframes for carrying out the transport safely; and (ii) times actually taken to perform tasks; and (iii) the rest periods required to recover from the fatigue effects of work; and (iv) the cumulative effects of fatigue over more than one day; and (v) the management of the cumulative effects of driving during the day and during the night; (b) identifying the driver’s fitness for work; (c) training and education of drivers about fatigue management, including: (i) ensuring the driver’s fitness for duty before commencing work; and (ii) planning the driver’s non‑work time to ensure that the driver rests adequately; and (iii) ways of recognising and dealing with fatigue; (d) procedures and processes for managing incidents relating to fatigue, including recording the details of the procedures and processes; (e) establishing and maintaining safe conditions at a workplace, as far as reasonably practicable. (4) The management plan must also include arrangements for the scheduling and conduct of transport in a way that controls the risk of serious injury or death arising from a driver’s fatigue, including: (a) arrangements for the way in which, and the time in which, the heavy truck, bus or commercial bus is to be loaded and unloaded; and (b) arrangements for time spent waiting for the heavy truck, bus or commercial bus to be loaded or unloaded; and (c) arrangements for determining timeframes for carrying out the transport safely; and (d) arrangements for rest periods required to recover from fatigue; and (e) arrangements for the management of the cumulative effects of fatigue; and (f) arrangements for the management of the cumulative effects of driving during the day and during the night. (5) The management plan must also include arrangements for the management of work time and rest times, including arrangements to ensure that: (a) as far as reasonably practicable, the driver’s driving time, work time and rest time are consistent with the regulated hours specified in Part 2 of Schedule 1 to the National Transport Commission (Road Transport Legislation — Driving Hours Regulations) Regulations 2006; and (b) if an employer decides to require or allow driving time, work time or rest time that is not consistent with those regulated hours: (i) the employer records the reason for requiring or allowing the different time; and (ii) the employer records the hours that are required or allowed; and (iii) the employer records the measures to be taken to control the risk of serious injury or death arising from fatigue. (6) The management plan must also contain: (a) a timetable for the implementation of the plan; and (b) an explanation of the responsibilities of people involved with the implementation of the management plan. (7) The employer must: (a) keep its management plan current; and (b) review its management plan at least once in each period of 3 years; and (c) keep accurate records relating to the implementation, operation and review of its management plan; and (d) make a copy of the plan available to each driver; and (e) make a copy of the plan available on request to a person who may be at risk of serious injury or death arising from a driver’s fatigue. Division 11.3 Additional duty of employer to keep records 11.08 Record‑keeping (1) In addition to keeping the records required under Division 11.2, an employer must keep a record of: (a) all driving time, work time and rest time taken, in a non‑local work area, on a day by a driver who is an employee; and (b) the final destination, on a day, of each driver who: (i) is an employee; and (ii) is required to drive, in a non‑local work area, a heavy truck, bus or commercial bus that forms the whole or part of a workplace. (2) The employer must keep records required under Division 11.2 or this Division: (a) in a clear and systematic manner; and (b) for at least 5 years from the date on which the record is made. > non‑local work area has the same meaning as in regulation 44 of the National Transport Commission (Road Transport Legislation — Driving Hours Regulations) Regulations 2006. Division 11.4 Duty of employer in the capacity of consignee or consignor 11.09 Consignee or consignor (1) A consignor or consignee must not enter into a contract with another person for the transport of the people or goods unless the employer is satisfied, on reasonable grounds, that the proposed timetable (if any) for the transport is reasonable, having regard to: (a) the risk of serious injury or death arising from a driver’s fatigue; and (b) the time that is likely to be reasonable for carrying out the transport, including: (i) time in which the heavy truck, bus or commercial bus is to be loaded and unloaded; and (ii) time that is likely to be spent waiting for the heavy truck, bus or commercial bus to be loaded or unloaded; and (iii) the rest periods required to recover from the fatigue effects of work. (2) The consignor or consignee must also keep a record of the reasons why the consignor or consignee considers the proposed timetable (if any) to be reasonable. Division 11.5 Duty of drivers who are employees 11.10 Cooperation with driver fatigue management plan (1) A driver who is an employee must perform his or her work as a driver in accordance with the applicable driver fatigue management plan. (2) A driver who is an employee must cooperate with his or her employer to the extent necessary to ensure that the employer’s driver fatigue management plan complies with regulation 11.07. Division 11.6 Duty of drivers who are contractors 11.11 Cooperation with driver fatigue management plan (1) A driver who is a contractor must perform his or her work as a driver in accordance with the applicable driver fatigue management plan. (2) A driver who is a contractor must cooperate with an employer to the extent necessary to ensure that the employer’s driver fatigue management plan complies with regulation 11.07. Part 12 Construction work Division 12.1 Introduction 12.01 Object of Part 12 The object of this Part is to protect persons from the hazards associated with construction work by ensuring: (a) that hazards are identified; and (b) that each risk arising from a hazard is assessed; and (c) that each risk is: (i) eliminated; or (ii) if it is not reasonably practicable to eliminate the risk — minimised as far as is reasonably practicable. 12.02 Definitions for Part 12 > Act means the Occupational Health and Safety Act 1991. > construction project means a project involving construction work including design, preparation and planning. > construction site has the meaning given by regulation 12.04. > construction work has the meaning given by regulation 12.03. > demolition means the complete or partial dismantling of a structure by planned and controlled methods. > design, in relation to a structure, includes a drawing, design detail, scope of works document or specification relating to the structure. > excavation means an earthwork, trench, well, shaft, tunnel or underground work. > existing services means gas, water, sewerage, communication, electrical and other services such as chemical, fuel and refrigerant lines supplied to, or adjacent to, a construction site. > high‑risk construction work means any of the following: (a) construction work where there is a risk of a person falling 2 metres or more; (b) construction work on telecommunications towers; (c) construction work involving demolition; (d) construction work involving the disturbance or removal of asbestos; (e) construction work involving structural alterations that require temporary support to prevent collapse; (f) construction work involving a confined space; (g) construction work involving excavation to a depth greater than 1.5 metres; (h) the construction of tunnels; (i) construction work involving the use of explosives; (j) construction work on or near pressurised gas distribution mains and consumer piping; (k) construction work on or near chemical, fuel or refrigerant lines; (l) construction work on or near energised electrical installations and services; (m) construction work in an area that may have a contaminated or flammable atmosphere; (n) tilt‑up and precast concrete construction work; (o) construction work on, or adjacent to, roadways or railways used by road or rail traffic; (p) work on construction sites where there is any movement of powered mobile plant; (q) construction work in an area where there are artificial extremes of temperature; (r) construction work in, over, or adjacent to water or other liquids where there is a risk of drowning; (s) construction work involving diving. > plant includes: (a) anything mentioned in the definition of plant in section 5 of the Act; and (b) any scaffolding, appliance or implement, and any component of any scaffolding, appliance or implement. > structure includes any of the following: (a) buildings; (b) steel or reinforced concrete constructions; (c) ships or submarines; (d) railway lines or sidings; (e) docks or harbours; (f) inland navigation channels; (g) waterworks; (h) towers or pylons; (i) pipelines; (j) roads; (k) airfields; (l) drainage works or earthworks; (m) earth retaining constructions; (n) underground tanks; (o) fixed plant constructions designed to preserve or alter any natural feature; (p) formwork, falsework, scaffolding or other constructions designed or used to provide support or access during construction work. 12.03 Meaning of construction work > construction work means work on or in the vicinity of a construction site carried out in connection with the construction, alteration, conversion, fitting out, commissioning, renovation, repair, maintenance, decommissioning, demolition or dismantling of any structure. (2) Without limiting subregulation (1), each of the following is construction work: (a) the removal from the construction site of any product or waste from the demolition or dismantling of a structure; (b) the assembly of prefabricated elements to form a structure; (c) the disassembly of prefabricated elements which, immediately before such disassembly, formed a structure; (d) any work in connection with excavation, landscaping, preparatory work or site preparation for the purpose of any work mentioned in paragraphs (a) to (c). (3) Work carried out on, or under, water, including work on buoys, obstructions to navigation, reefs, ships and wrecks, is construction work if it is otherwise within the definition in subregulation (1). (4) Each of the following is not construction work: (a) exploration for, or extraction of, mineral resources; (b) preparatory work relating to the extraction of mineral resources carried out at a place where such extraction is carried out; (c) minor maintenance work that is regular or routine in nature. 12.04 Meaning of construction site > construction site means: (a) a place where construction work is undertaken; and (b) an area in the vicinity of such a place, where plant or other material that is, or will be, used in connection with the construction work is located during the construction work. (2) A construction site does not include a place where: (a) elements of a structure are manufactured off‑site; or (b) construction material is stored as stock for sale or hire. Division 12.2 General duties of employers in control of a construction project 12.05 Duty to identify hazards (1) An employer in control of a construction project must identify reasonably foreseeable hazards that might harm the health and safety of a person: (a) who undertakes construction work on the project; or (b) who is affected by construction work on the project. (2) Hazards that must be identified under subregulation (1) include hazards arising from the following: (a) the construction site, including its layout and condition; (b) the physical working environment; (c) working at height; (d) hazardous substances, including their: (i) handling; and (ii) use; and (iii) storage; and (iv) on‑site transportation; and (v) disposal; (e) the presence of asbestos; (f) systems of work; (g) plant, including its: (i) on‑site transportation; and (ii) installation; and (iii) erection; and (iv) commissioning; and (v) maintenance; and (vi) dismantling; and (vii) storage; and (viii) disposal; (h) manual handling, including the potential for occupational overuse injuries. 12.06 Duty to establish procedures to identify and record hazards (1) An employer in control of a construction project must: (a) establish procedures in accordance with subregulation (2) to identify and record reasonably foreseeable hazards that are potential risks to health and safety; and (b) make a record of hazards identified under regulation 12.05. (2) Procedures under subregulation (1) must require hazards to be identified and recorded: (a) before the commencement of construction work; and (b) before and during the installation, erection, commissioning or alteration of plant; and (c) before changes to systems of work are introduced; and (d) before hazardous substances are brought onto the site; and (e) when any work is being carried out; and (f) when additional information that is relevant to the health and safety of persons employed in construction work becomes available. 12.07 Duty to assess risks (1) If a hazard has been identified under regulation 12.05, the employer in control of a construction project must arrange for an assessment, in accordance with subregulation (2), of each risk arising from that hazard to the health and safety of a person: (a) who undertakes construction work on the project; or (b) who is affected by construction work on the project. (2) A risk assessment in relation to a hazard under subregulation (1) must include: (a) an evaluation of: (i) the likelihood of an injury, illness or disease occurring; and (ii) the likely severity of the injury, illness or disease; and (b) a review of the available health and safety information relevant to the hazard; and (c) identification of actions necessary to control the risk. (3) An employer in control of a construction project must make a record of each risk assessment under subregulation (1). 12.08 Duty to control risks If a risk is identified and assessed under regulation 12.07, the employer in control of the construction project must take measures to (b) if it is not reasonably practicable to eliminate the risk — minimise the risk as far as is reasonably practicable. > Note See also regulation 1.06. 12.09 Measures to control risks (1) An employer in control of a construction project must make a record of measures taken to control risks. (2) An employer in control of a construction project must ensure that measures to control risks to health and safety, including plant and systems of work, are properly used and maintained. 12.10 Duty to review procedures for hazard identification, and measures for assessment and control of risks (1) An employer in control of a construction project must ensure that there is a procedure to review the following: (a) hazard identification procedures; (b) risk assessment procedures; (c) measures to control risks. (2) The employer in control of a construction project must review hazard identification procedures, risk assessment procedures and measures to control risks whenever: (a) there is information that the procedures are no longer adequate; or (b) advice is received from a person undertaking construction work on the project that: (i) a hazard has not been identified; or (ii) a risk has not been assessed; or (iii) a risk has not been eliminated or adequately controlled; or (c) an injury, illness or disease results from exposure to a hazard; or (d) a significant change is proposed for the construction site or part of the construction site, including the introduction of: (i) new plant or technology; or (ii) new procedures or systems of work. 12.11 Duty to keep records An employer in control of a construction project must keep the following for 5 years after the completion of the project: (a) records under regulation 12.06 of hazards; (b) records under regulation 12.07 of risk assessments; (c) records under regulation 12.09 of measures to control risks; (d) records under subregulation 12.10 of procedures for reviews; (e) records of information and training provided under regulation 12.12. 12.12 Duty to provide information and training (1) An employer in control of a construction project must provide to persons engaged in construction work on the project information and training about: (a) hazards that have been identified in relation to the project; and (b) the risks arising from those hazards; and (c) the measures that have been implemented to eliminate or minimise those risks. (2) Information under subsection (1) must be provided: (a) when the person commences work on the project; and (b) whenever a new or different hazard is identified. Division 12.3 Particular areas of risk 12.13 Duty to identify existing services and associated risks (1) In this regulation: > existing services includes the following services supplied to, or adjacent to, a construction site: (a) electricity; (b) gas; (c) water; (d) sewerage; (e) communication services; (f) chemical, fuel or refrigerant lines. (2) Before the commencement of construction work, an employer in control of a construction project must: (a) identify the existing services at the construction site; and (b) assess: (i) the condition of the services; and (ii) any risks associated with the services. (3) An assessment under subregulation (2) must identify the following: (a) the type of service; (b) the location; (c) whether the service is underground, overhead or contained within a structure; (d) the extent of the services; (e) any risks associated with the services. (4) If contact with an existing service presents a risk to the health or safety of any person, the employer in control of the construction project must ensure that contact with the service is prevented by: (a) removing the service; or (b) disconnecting the service; or (c) isolating the service from the construction work. 12.14 Traffic control An employer in control of a construction project must ensure the safety of pedestrians, motor vehicles or plant moving on or near the construction site, by: (a) eliminating any risks to health or safety; or (b) if it is not reasonably practicable to eliminate the risks — minimising the risks as far as is reasonably practicable. 12.15 Lighting An employer in control of a construction project must ensure that there is a level of lighting sufficient to allow work or passage without risk to health or safety: (a) in any area in which a person performs construction work; and (b) in any area a person might be required to pass through, including access ways and emergency exits. 12.16 Access and egress (1) An employer in control of a construction project must ensure that all persons on the construction site have safe access to, and egress from, all places where they might be required to work or pass. (2) An employer in control of a construction project must provide emergency access and egress routes that are free of obstructions. 12.17 Public access (1) An employer in control of a construction project must ensure, as far as reasonably practicable, that members of the public are not exposed to a health or safety risk arising from the construction work. (2) To the extent that it is reasonably practicable to do so, an employer in control of a construction project must: (a) erect perimeter fencing around the construction site before construction work commences; and (b) maintain the perimeter fencing during the construction work; and (c) place signs on each construction site, clearly visible from outside the site, with the following information: (i) names and telephone numbers of persons in control of the construction work; (ii) the name and telephone number of a person who may be contacted in case of an after‑hours emergency. 12.18 Emergency procedures An employer in control of a construction project must ensure that: (a) it is possible for all persons to evacuate all work areas safely in an emergency; and (b) the following are displayed at appropriate locations on the construction site: (i) a diagram showing emergency exits and evacuation routes; (ii) emergency evacuation plans; and (c) there are arrangements for the rescue of injured persons; and (d) where required by the risk assessment — emergency evacuation procedures are practised at regular intervals and any difficulties are identified and resolved. 12.19 Maintaining the site An employer in control of a construction project must ensure that, on a construction site: (a) access ways are kept clear of material and debris and are not slippery; and (b) general safety signs are: (i) erected; and (ii) kept in good condition; and (iii) clearly visible to persons to whom they are intended to apply; and (c) there is a safe system for collecting, storing and disposing of excess or waste material at the construction site; and (d) plant is safely secured when not in use; and (e) material at or near the construction site is moved and stored so that it does not present a risk to the health or safety of any person. 12.20 Exposure to the elements If weather conditions create a hazard on the construction site, an employer in control of the construction project must take action to ensure the safety of persons working on the site. While rainfall is not itself unsafe, rain can make scaffolding slippery creating a risk of serious injury. 12.21 Duty to provide amenities An employer in control of a construction project has a duty to provide access, for persons undertaking construction work, to amenities to meet their welfare and personal hygiene needs. Division 12.4 Occupational health and safety management plans 12.22 Occupational health and safety management plans (1) An employer in control of a construction project on which it is likely that 5 or more persons will be working at a construction site at any one time, must ensure that: (a) a site‑specific occupational health and safety management plan is prepared, in accordance with subregulation (2), before the construction work commences; and (b) the plan is kept up to date during the course of the work. (2) An occupational health and safety management plan must include the following: (a) a list of all persons on the site who have specific responsibilities for occupational health and safety, including: (i) names; and (ii) positions; and (iii) the aspects of occupational health and safety for which they are responsible; (b) arrangements for the provision of training under subregulation 12.12 (1); (c) arrangements for the coordination of health and safety issues of persons undertaking construction work; (d) arrangements for managing occupational health and safety incidents when they occur, including names and contact details of persons or agencies available to: (i) prevent such incidents; or (ii) prepare for procedures where there is a risk to health or safety; or (iii) respond to such incidents; or (iv) manage recovery from such incidents; (e) the site safety rules; (f) arrangements for ensuring that all persons at the site are informed of the site safety rules; (g) for each work activity assessed as having a risk to health or safety, information on: (i) the hazard identification; and (ii) the risk assessment; and (iii) measures for control of risk; (h) for all high‑risk construction work — the safe work method statements. (3) The employer in control of the construction project must ensure that the plan is available for inspection at the construction site throughout the course of the construction work. (4) The employer in control of the construction project must ensure that each relevant person engaged to work at the construction site is provided with a copy of the occupational health and safety management plan for the site before they commence work at the site. (5) If an occupational health and safety management plan for a construction site is changed during the course of construction work, the employer in control of the construction project must provide a copy of the changed parts of the plan to relevant persons working at the site. Division 12.5 High‑risk construction work 12.23 Safe work method statements for high‑risk construction work (1) An employer in control of a construction project that requires high‑risk construction work at a construction site must obtain a safe work method statement in relation to that work from the persons engaged to undertake that work before they commence work at the site. (2) If there is a change to high‑risk construction work on a construction project, the employer in control of the construction project must ensure that: (a) the safe work method statement is reviewed; and (b) any necessary changes to the statement are made. (3) An employer in control of a construction project that requires high‑risk construction work must take all reasonably practicable steps to ensure that: (a) construction work on the construction site is carried out in accordance with the safe work method statement; and (b) if a person is working on the site in a manner that does not comply with the safe work method statement — the person is directed: (i) to stop work immediately and not to resume work until he or she complies with the safe work method statement; or (ii) if an immediate cessation of work is likely to increase the risk to health or safety — to stop work as soon as it is safe to do so. Division 12.6 Education and training 12.24 Induction training before commencing work An employer in control of a construction project must not direct or allow a person to carry out construction work on the construction site unless the person has completed a course of occupational health and safety induction training relating to construction. Division 12.7 Duties of employees and contractors 12.25 Duty to undertake training A person engaged to undertake construction work on a construction project must not commence construction work until the person has completed: (a) a course of occupational health and safety induction training; and (b) training identified in the risk assessment for the construction work. 12.26 Duty to work in accordance with training, information and instructions A person engaged to undertake construction work on a construction project must undertake that work in accordance with: (a) occupational health and safety training; and (b) information and instructions on occupational health and safety measures. Part 13 Falls from 2 metres or more Division 13.1 Introduction 13.01 Object of Part 13 The object of this Part is to prevent or reduce injury to an individual at a workplace resulting from a fall 2 metres or more by: (a) imposing an obligation on an employer to: (i) identify any task to be performed in a workplace that involves a fall hazard; and (ii) eliminate the risk or, if that is not reasonably practicable, minimise the risk; and (iii) inform, instruct and train employees and contractors concerning fall hazards and fall control measures; and (iv) keep records of: (A) tasks identified; and (B) measures taken to eliminate and reduce fall hazards; and (b) imposing an obligation on an employee or contractor to perform tasks in accordance with: (i) information, instruction and training given by an employer; and (ii) risk control measures adopted by the employer. 13.02 Application of Part 13 This Part applies to an employer, employee or contractor as follows: (a) Division 13.2 applies to an employer; (b) Division 13.3 applies to an employee or a contractor. 13.03 Definitions for Part 13 > administrative control means a system of work or work procedures that eliminates or reduces the risk of a fall. > fall means an involuntary fall of 2 metres or more by an individual. > fall hazard means an object or circumstance that increases the risk of a fall. > fall injury prevention system means equipment or material designed to arrest a fall to prevent an injury, including: (a) an industrial safety net; or (b) a catch platform; or (c) a safety harness system other than a travel restraint system. > industrial rope access system means a system that: (a) is designed for use by an individual in carrying out work on a building or structure; and (b) consists of equipment that: (i) enables the individual to manually raise or lower himself or herself in a harness or seat supported by one or more fibre ropes; and (ii) is capable of anchoring a rope. > passive fall prevention device means equipment or material that: (a) is designed to prevent a fall; and (b) after installation, does not require ongoing adjustment, alteration or operation by a person to maintain its ability to prevent a fall. Temporary work platforms, roof safety mesh and guard railings are all passive fall prevention devices. > solid construction means a building or structure, or a part of a building or structure that has: (a) a surface capable of supporting the number of people, and amount of material, that it may reasonably be expected to support for a particular task; and (b) a barrier or barriers around its perimeter and any open penetrations that are designed to prevent a fall; and (c) an even and readily negotiable surface and gradient; and (d) a safe means of access and egress. > task includes: (a) the work to be done; and (b) matters necessary for or directly associated with the work to be done; and (c) the movement to and from a task. > temporary work platform means: (a) a fixed, mobile or suspended scaffold; or (b) an elevating work platform; or (c) a mast climbing work platform; or (d) a work box supported and suspended by a crane, hoist, forklift truck or other form of mechanical plant; or (e) building maintenance equipment, including a building maintenance unit; or (f) a portable or mobile fabricated platform; or (g) any other temporary platform that: (i) provides a working area for the duration of work carried out at height; and (ii) is designed to prevent a fall. Example for paragraph (f) A step platform. > travel restraint system means equipment that is: (a) worn by or attached to an individual; and (b) designed to physically restrain the individual from reaching an edge or elevated surface from which there is a risk of a fall. > unprotected edge means the edge of a surface: (a) from which extends a horizontal gap, void or space of more than 300 millimetres; and (b) that is not provided with a barrier to eliminate or reduce the risk of a fall. > work positioning system means: (a) an industrial rope access system; or (b) a drainer’s hoist; or (c) a travel restraint system; or (d) any other equipment that: (i) enables an individual to be positioned and safely supported at a work location for the duration of a task being undertaken at height; and (ii) is not a temporary work platform. Division 13.2 Duties of employers 13.04 Employer’s duty to identify tasks that involve fall hazard (1) An employer must, as far as reasonably practicable, identify any task to be performed in a workplace that involves a fall hazard. (2) Without limiting subregulation (1), an employer must identify any fall hazard caused by or involved by a task, that relates to the following: (a) the construction, demolition, inspection, testing, maintenance, repair or cleaning of any plant or structure; (b) a fragile, slippery or potentially unstable surface; (c) the use of equipment to gain access to an elevated level, or to carry out a task at an elevated level; (d) a sloping surface on which it is difficult for an individual to maintain balance; (e) an unprotected edge; (f) a hole, shaft, pit or trench into which an individual may fall. (3) The employer must make a record of each task that has been identified. 13.05 Employer’s duty to control risk (1) If a fall hazard is identified under subregulation 13.04 (1), the employer must, before the task is performed or an employee or contractor is required to perform any work that involves the fall hazard concerned: (b) if it is not reasonably practicable to eliminate the risk — take measures to minimise the risk as far as reasonably practicable. (2) The employer must make a record of steps taken to eliminate or minimise a risk. 13.06 Risk control measures (1) An employer must adopt risk control measures in accordance with subregulation (2). (2) In eliminating or minimising risk, an employer must: (a) arrange that tasks be performed on the ground or on a solid construction; or (b) if it is not reasonably practicable to comply with paragraph (a) in relation to all of the task, the employer must: (i) comply with paragraph (a) as far as reasonably practicable; and (ii) control the remaining risk by ensuring that a passive fall prevention device is used; or (c) if it is not reasonably practicable to comply with paragraph (a) or (b) in relation to all of the task, the employer must: (i) comply with paragraphs (a) and (b) as far as reasonably practicable; and (ii) control the remaining risk by ensuring that a work positioning system is used; or (d) if it is not reasonably practicable to comply with paragraph (a), (b) or (c) in relation to all of the task, the employer must: (i) comply with paragraphs (a), (b) and (c) as far as reasonably practicable; and (ii) control the remaining risk by ensuring that a fall injury prevention system is used; or (e) if it is not reasonably practicable to comply with paragraph (a), (b), (c) or (d) in relation to all of the task, the employer must: (i) comply with paragraphs (a), (b), (c) and (d) as far as reasonably practicable; and (ii) control the remaining risk by: (A) ensuring that a fixed or portable ladder is used in accordance with regulation 13.08; or (B) ensuring that an administrative control is implemented; or (C) taking all reasonably practicable steps. (3) If there is a change in the way a task is being performed, the employer must review risk control measures adopted under subregulation (2). (4) The employer must make a record of risk control measures adopted under this regulation. 13.07 Employer must maintain control measures and equipment (1) An employer must ensure that any equipment or measure mentioned in regulation 13.06 that is used, or available for use, is: (a) used properly; and (b) maintained properly. (2) The employer must make a record of steps taken to monitor the use and maintenance of equipment or measures. 13.08 Use of fixed or portable ladder For sub‑subparagraph 13.06 (2) (e) (ii) (A), if an employer uses a fixed or portable ladder to control a risk, the employer must ensure that the ladder is: (a) appropriate for the performance of the task; and (b) appropriate for the duration of the task; and (c) set up in a correct manner; and (d) used in a correct manner. 13.09 Use of administrative control If an employer uses an administrative control to control a risk, and repeats the control in relation to more than 1 task, the employer may make a single record for all the performances of the task. 13.10 Use of plant (1) If an employer uses plant to control the risk of a fall, the employer must ensure that the plant is: (a) designed and constructed for the task or range of tasks to be undertaken; and (b) designed and constructed in such a way to enable its safe use in: (i) the physical surroundings in which it is to be used; and (ii) the physical conditions expected to prevail during the period it is to be used. Examples of physical surroundings The type and condition of the supporting surface, and proximity to powerlines or trees. Examples of physical conditions Lighting or weather conditions. (2) An employer must ensure that while plant is being installed, erected or dismantled, those operations are carried out in such a manner so as to reduce, as far as reasonably practicable the risk of a fall. 13.11 Emergency procedures (1) If an employer establishes risk control measures for a task in accordance with regulation 13.06, the employer must also adopt emergency procedures in accordance with this regulation before the task is performed. (2) The emergency procedures must, as far as reasonably practicable, provide for: (a) the rescue of an individual in the event of a fall; and (b) the provision of first aid to the individual; in a timely manner. (3) An employer must ensure that emergency procedures adopted are carried out in such a manner so as to eliminate, or if that is not reasonably practicable, minimise as far as reasonably practicable: (a) the risk of a fall; or (b) any other risk. (4) An employer must make a record of: (a) emergency procedures; and (b) measures taken to adopt emergency procedures. 13.12 Employer’s duty to provide information, instruction and training (1) If an employee or contractor is to perform a task that involves a fall hazard the employer must provide to the employee or contractor such information, instruction or training as is reasonably necessary to enable the employee or contractor to perform the task in a safe manner, having regard to: (a) the nature of the task; and (b) the need for, and proper use of, measures to control the risk of a fall. (2) An employer must make a record of information, instruction and training provided to an employee or contractor. 13.13 Employer’s duty to keep records An employer must keep records required under this Part for not less than 5 years. Division 13.3 Duties of employees and contractors 13.14 Duty of employee or contractor An employee or contractor who has been provided with information, instruction or training mentioned in regulation 13.12 in relation to a task must: (a) perform the task in accordance with the information, instruction or training; and (b) use any risk control measures adopted by the employer under regulation 13.06, in accordance with the information, instruction or training. Part 20 Definitions 20.01 Interpretation (1) In these Regulations: > Act means the Occupational Health and Safety Act 1991. > ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, 7th edition, published by the National Transport Commission in 2007. > Note Further information about the ADG Code is available at http://www.ntc.gov.au. > AE Code means the Australian Code for the Transport of Explosives by Road and Rail, 3rd edition, endorsed by the Workplace Relations Ministers’ Council in April 2009. > amusement structure means a structure or a device: (a) that is operated for hire or reward; and (b) that is used, or designed to be used, for amusement, recreation, sport, sightseeing or entertainment; and (c) on which persons may be moved, carried, raised, lowered or supported by any part of the structure or device; and (d) that is either: (i) an arrangement of structural or mechanical elements, or both, that has as its prime function the provision of movement of a passenger in a controlled manner so that the passenger is not necessarily required to move himself or herself to obtain the desired effect (called an amusement ride); or (ii) an arrangement or equipment through which, or on which, a rider moves and for which the desired effect is achieved primarily by the rider’s self‑powered motion, or by another process that is not referred to in the description of an amusement ride (called an amusement device). > asbestos means any of the following fibrous forms of mineral silicates belonging to the serpentine and amphibole groups of rock‑forming minerals: (a) actinolite asbestos; (b) amosite (brown asbestos); (c) anthophyllite asbestos; (d) chrysotile (white asbestos); (e) crocidolite (blue asbestos); (f) tremolite asbestos. > boiler: (a) means a vessel, or an arrangement of vessels, and interconnecting parts, in which: (i) steam or other vapour is generated; or (ii) water or other liquid is heated at a pressure greater than atmospheric pressure; by the use of fire, the products of combustion, electrical power or other similar means; and (b) includes a superheater, reheater, economiser, boiler piping support, mounting, valve, gauge, fitting, control, setting or other equipment directly associated with a boiler; and (c) does not include a fully flooded or pressurised system where water or other liquid is heated to a temperature lower than the normal atmospheric boiling temperature of the liquid. > bracket scaffold means a scaffold the platform of which is carried on frames that are attached to, or supported by, permanent or temporary construction. > bridge crane means a crane: (a) comprising a bridge beam mounted at each end to an end carriage; and (b) capable of travelling along elevated runways; and (c) having one or more hoisting mechanisms arranged to traverse the bridge. > building includes part of a building or a building under construction. > building maintenance equipment: (a) means a suspended platform and associated equipment which incorporates permanently installed overhead supports to provide access to any face or other similar surface of a building for maintenance purposes; and (b) includes a building maintenance unit and a swing stage; and (c) does not include a suspended scaffold. > building maintenance unit means a power‑operated suspended platform and associated equipment which is: (a) permanently installed on a building; and (b) specifically designed to provide access to any face of the building for maintenance purposes. > cantilevered scaffold (other than a bracket scaffold) that is supported by cantilevered load‑bearing members. > commissioning, in relation to plant, means performing the necessary adjustments, tests and inspections to ensure that the plant is in full working order to specified requirements before the plant is used, and includes re‑commissioning. > competent person, in relation to a specified task, means a person who has, through a combination of training, education and experience, acquired knowledge and skills that enable the person to perform correctly that task. > concrete placing unit (truck‑mounted with boom) means plant that: (a) is used to place concrete by way of pumping concrete through a pipeline attached to or forming part of the boom; and (b) is capable of travelling over a supporting surface without the need for fixed runways (including railway tracks); and (c) relies on gravity for stability, that is, with no vertical restraining connection between itself and the supporting surface and no horizontal restraining connection (other than frictional forces at supporting surface level) that may act as an aid to stability. > consumer package means a package that is intended for retail display and sale, and includes a package that: (a) is intended for retail sale and display; and (b) is transported and distributed in a group of identical packages that form a larger package. > conveyor: (a) means an apparatus or equipment worked by a form of power, other than human power, by means of which a load may be raised, lowered, transported or continuously driven by: (i) an endless belt, rope, chain or similar means; or (ii) buckets, trays or other containers or fittings moved by an endless belt, rope, chain or similar means; or (iii) a rotating screw; or (iv) a vibration or walking beam; or (v) a powered roller conveyor where the rolls are driven by an endless belt, rope, chain or similar means; and (b) includes the supporting structure, auxiliary equipment and gear used in connection with the apparatus or equipment. > crane means an appliance by means of which a load may be raised, lowered or moved horizontally, including the supporting structure and foundations of an appliance of that kind, but does not include 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. > defence employing authority means the Secretary of the Department of Defence and the Chief of the Defence Force. > direct‑fired process heater means an arrangement of tubes comprising one or more coils located in the radiant zone, convection zone, or both, of a combustion chamber, the prime purpose of which is to raise the temperature of a process fluid (being liquid, gas or a combination of both), which is circulated through the coils, to allow: (a) the distillation, fractionation or reaction of the process fluid; or (b) the occurrence of another petrochemical process in relation to the process fluid. > earthmoving machinery: (a) means an operator‑controlled item of plant used to excavate, load, transport, spread or compact earth, overburden, rubble, spoil, aggregate or similar material; and (b) does not include a tractor or an industrial lift truck. > electrical equipment means an appliance, wire, fitting, cable, conduit, meter, insulator, apparatus, material or other electrical article that generates, uses, conveys or controls electricity. > electrical installation means electrical equipment that is fixed, or intended to be fixed, in, on, under or over land. > electrical plant means plant that consumes, converts or generates electricity. > elevating work platform means a telescoping device, scissor device or articulating device (or a combination of 2 or more of those devices) used to move people, equipment and material to and from a work location above the device’s support structure. > emergency service includes: (a) a fire, ambulance or police department operating in a State or Territory; and (b) another department, agency or instrumentality of the Crown, operating in a State or Territory, that may be required to attend at the scene of an emergency in the State or Territory. > erector means a person who erects or installs plant in a workplace. > ergonomic means the factors that maximise the functioning of plant, or a system of work associated with plant, by adapting the plant or system to human capacity or need. > exposure standard: (a) in relation to exposure to a substance — means an airborne concentration of a particular substance in a person’s breathing zone identified in accordance with the Exposure Standards for Atmospheric Contaminants in the Occupational Environment \[NOHSC:1003 (1995)\]; and (b) in relation to exposure to noise — means the exposure standard for noise set out in subregulation 3.03 (1). > fault means: (a) a break or defect that may cause an object to present an increased risk to health and safety; or (b) an aspect of the design of an object that may cause the object to be a risk to health and safety if it is manufactured in accordance with the design. > fired heater means a pressure vessel in which: (a) a liquid is heated below its normal atmospheric boiling temperature; or (b) a process fluid is heated, in tubes, above or below its normal atmospheric boiling temperature; by the application of fire, the products of combustion, electric power or similar high temperature means. > gantry crane means a crane: (a) comprised of a bridge beam, supported at each end by legs mounted on end carriages; and (b) that is capable of travelling on supporting surfaces or deck levels, whether fixed or not; and (c) that has a crab with one or more hoisting units arranged to travel across the bridge. > gas cylinder means an individual rigid pressure vessel: (a) of a water capacity that does not exceed 3,000 litres; and (b) that does not have openings or integral attachments on its shell, other than at the ends; and (c) that is designed for the storage or transport of gas under pressure; and (d) that is referred to in AS 2030 (SAA Gas Cylinders Code). > guard means a device that prevents or reduces access to a danger point or area. > hazard means the potential to cause injury or illness. > hazardous situation means a situation that has the potential to cause injury or illness to an individual. > hoist means an appliance (other than building maintenance equipment) by means of which a load may be raised or lowered, such as: (a) an elevating work platform; or (b) a mast climbing platform; or (c) a people or materials hoist; or (d) a scaffolding hoist; or (e) a serial hoist. > hung scaffold means a scaffold which: (a) is hung from another structure; and (b) is not capable of being raised or lowered when in use. > industrial lift truck: (a) means powered mobile plant, designed to move goods, material or equipment, that: (i) is equipped with an elevating load carriage; and (ii) is normally equipped with a load‑holding attachment; and (b) does not include a mobile crane or earthmoving machinery. > industrial robot: (a) means a multifunctional manipulator that is capable of handling material, parts, tools or specialised devices through variable programmed motions for the performance of a variety of tasks; and (b) includes the device used to control the manipulator. > ingredient means a component of a substance that is a mixture or a combination, and includes an impurity in the substance. > Note An ingredient may be included in reactive or unstable dangerous goods to maintain the stability of the dangerous goods. > installer means a person who installs plant in a workplace. > interlocked, in relation to plant, means the connection between a guard or machine element and the control system, or the power system, of the plant that: (a) allows access to the moving parts of the plant at the times when those parts are not moving; and (b) prevents moving parts from starting up or operating when access is available to those moving parts. > laser: (a) means any device that can produce or amplify electromagnetic radiation in the wave length range from 100 nanometers to 1 millimetre by the process of controlled stimulated emission; and (b) does not include: (i) an electric light globe; or (ii) a fluorescent light tube; or (iii) an electric radiator used for heating; or (iv) radio or video communication equipment; or (v) a domestic cooking appliance that uses high‑powered lamps; or (vi) a navigation or search light. > laser product means any product or assembly of components that constitutes, incorporates, or is intended to incorporate, a laser. > manual handling means an activity requiring the use of force exerted by a person to lift, lower, push, pull, carry or otherwise move, hold or restrain any person, animal or thing. > mast climbing work platform means a hoist having a working platform used for temporary purposes to raise personnel and materials to the working position by means of a drive system mounted to an extendable mast. > minimise means to reduce to the lowest level that is reasonably practicable to achieve. > mobile crane means a crane: (a) capable of travelling over a supporting surface without the need for fixed runways (including railway tracks); and (b) that relies only on gravity for stability, having no vertical restraining connection between itself and the supporting surface and no horizontal restraining connection (other than frictional forces at supporting‑surface level) which may act as an aid to stability. > MSDS means a Material Safety Data Sheet. > NOHSC means the National Occupational Health and Safety Commission established under section 6 of the National Occupational Health and Safety Commission Act 1985. > operator protective device includes: (a) a roll‑over protective structure; and (b) a falling object protective structure; and (c) an operator restraining device; and (d) a seat belt. > personal use products means: (a) cosmetics; and (b) a substance that is therapeutic goods within the meaning of the Therapeutic Goods Act 1989; and (c) tobacco and substances made from tobacco; and (d) toilet products; and (e) toiletries. > prefabricated scaffolding means an integrated system of prefabricated components manufactured in such a way that the geometry of assembled scaffolds is pre‑determined. > presence sensing safeguarding system includes: (a) a sensing system that employs one or more forms of radiation that are self‑generated or otherwise generated by pressure; and (b) an interface between the final switching devices of a sensing system and a primary control element; and (c) the capability to stop a machine, by which the presence of a person in the sensing field will cause the dangerous parts of a machine to be brought to a safe state. > pressures expressed are gauge pressures relative to atmospheric pressure, unless otherwise identified. > pressure equipment means: (a) a boiler; or (b) a pressure vessel; or (c) pressure piping. > pressure piping: (a) means an assembly (other than a boiler or a pressure vessel) consisting of pipes, pipe fittings, valves and pipe accessories that are: (i) subject to internal or external pressure; and (ii) used to contain or convey fluid, or to transmit fluid pressure; and (b) includes a distribution header, bolting, gasket, pipe support or pressure retaining accessory. > pressure vessel: (a) means a vessel (other than a boiler) that is subject to internal or external pressure greater than atmospheric pressure; and (b) includes: (i) any interconnected part, component, valve, gauge or other fitting up to the first point of connection of piping; and (ii) a fired heater; and (iii) a gas cylinder. > record includes anything in which information is stored or from which information can be reproduced. > relevant person means any of the following persons: (a) an employee; (b) a contractor in respect of whom an employer has obligations in accordance with subsection 16 (4) of the Act; (c) any other person at or near a workplace under an employer’s control. > repair: (a) means the restoration of plant to an operating condition; and (b) does not include routine maintenance, replacement or alteration. > retailer means a person who sells goods to a person who is not engaged in the resale of the goods. > risk means the probability and consequences of occurrence of injury or illness. > risk assessment means the process of evaluating the probability and consequences of injury or illness arising from exposure to an identified hazard or hazards. > risk control means the process of managing the elimination or minimisation of a risk to health and safety. > safe work method statement means a document that: (a) identifies each work activity assessed as having one or more safety risks; and (b) describes the safety risk or risks; and (c) describes the control measures that will be applied to the work activity; and (d) describes how safety measures will be implemented to do the work safely; and (e) includes a description of the equipment used in the work, the qualifications of the people doing the work and the training required to do the work safely. > scaffold means a temporary structure specifically erected to support one or more access or working platforms. > scaffolding equipment means any component, assembly or machine used or intended to be used in the construction of a scaffold. > spur scaffold means a scaffold which is partially supported by inclined load bearing members. > structure includes a part of a structure. > suspended scaffold: (a) means a scaffold incorporating a suspended platform that is capable of being raised or lowered when in use; and (b) includes a boatswain’s chair. > tower crane means a boom or jib crane mounted on a tower structure. > tractor means a motor vehicle, whether wheeled or track mounted (other than earthmoving equipment), that is designed to provide power and movement to an attached machine or implement by a transmission shaft, belt or linkage system. > use means: (a) in relation to dangerous goods, or a substance, at a workplace — to produce, handle, store, transport or dispose of the dangerous goods or substance at the workplace; and (b) in relation to plant — to work from, operate, maintain, inspect or clean the plant. > vehicle hoist means a vehicle‑hoisting device the purpose of which is to provide accessibility for convenient under‑chassis examination or service. > work box means a personnel carrying device that is: (a) designed to be suspended from a crane; and (b) intended to provide a working area for an person elevated by and working from the box. > workpiece, in relation to plant: (a) means material, offcut or scrap (in any form): (i) on which the plant performs work; or (ii) produced by the plant; and (b) does not include a load being lifted or moved by the plant. (2) In these Regulations: (a) a reference to a document the title of which includes the letters AS is a reference to a document of that title published by Standards Australia and: (ii) if the document has been amended — as in force immediately before the day on which the regulation that refers to the document commences; and (b) a reference to a document the title of which includes the letters NOHSC is a reference to a document of that title published by the National Occupational Health and Safety Commission and: (ii) if the document has been amended — as in force immediately before the day on which the regulation that refers to the document commences; and (c) if paragraphs (a) and (b) do not apply — a reference to a document, followed by a description of the person that published the document, is a reference to the document of that title: (ii) if the document has been amended — as in force immediately before the day on which the regulation that refers to the document commences. (3) In these Regulations: (a) the Australian Defence Organisation comprises the Department of Defence and the Australian Defence Force; and (b) anything required to be done by the defence employing authority may be done by the Secretary of the Department of Defence or the Chief of the Defence Force acting: (i) for himself or herself; and (ii) on behalf of the other person; and (c) anything given or notified to the Secretary of the Department of Defence or the Chief of the Defence Force is taken to be given or notified to the defence employing authority. > Note 1 Under the definition of employing authority in section 5 of the Act and regulation 4 of the Occupational Health and Safety (Safety Arrangements) Regulations 1991, the Chief of the Defence Force is the employing authority in relation to a member of the Australian Defence Force. > Note 2 Under the definitions of employing authority, Entity and principal officer in section 5 of the Act, the Secretary to the Defence Department is the employing authority in relation to a person who is employed by the Defence Department.