Div 2Regulations relating to health and safety

Division 2—Regulations relating to health and safety 8—Avoiding fatigue (2) The person must not allow, or require, a member of the workforce who is under the person's control, to work for— (a) a continuous period; or (b) successive continuous periods, of a duration that could reasonably be expected to have an adverse effect on the health or safety of the member of the workforce or other persons at or near the facility. 9—Possession or control of drugs or intoxicants (1) A person on a facility must not have possession or control of— (a) a controlled substance; or (b) an intoxicant. (2) It is a defence to a prosecution under subregulation (1)— (a) that the person had possession or control of a controlled substance that is a therapeutic drug; and (b) that the person had the therapeutic drug under their possession or control— (i) in the course of the person's employment; or (ii) in the course of the person's duties or practice as a medical practitioner, nurse or pharmacist; or (iii) in accordance with the law of this State; or (iv) if the person had lawfully acquired the therapeutic drug—for the person's bona fide personal use. 10—Person must leave the facility when instructed to do so (1) A person on a facility must leave the facility if instructed to do so by a person in command of the facility. (2) An instruction— (a) in the case of an emergency—may be given orally; or (b) in any other case, relevant to occupational health and safety on the facility— (i) must be in writing; and (ii) must include the reason for the instruction. 11—Prohibition on the use of certain hazardous substances (2) The person must not allow a hazardous substance, referred to in column 2 of an item in Part 2 or Part 3 of Schedule 1, to be used in any circumstance other than a circumstance specified in column 3 of the item. (3) It is a defence to a prosecution against subregulation (2) that the use is in accordance with an exemption granted by the Safety Authority under regulation 14. (4) Subregulation (2) does not apply to the use of chrysotile asbestos if the use is permitted under regulation 3.4 of the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 of the Commonwealth. 12—Limitations on exposure to certain hazardous substances (2) The person must not allow a member of the workforce, under the person's control, to be exposed to an airborne concentration of a hazardous substance in the breathing zone of the member of the workforce at a level that exceeds the appropriate exposure standard for the relevant period of time. (3) It is a defence to a prosecution against subregulation (2) that the airborne concentration of the hazardous substance in the breathing zone of the member of the workforce is in accordance with an exemption given by the Safety Authority under regulation 14. (4) In this regulation— appropriate exposure standard means an airborne concentration for a substance as set out in the Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC: 1003(1995)] published by the National Occupational Health and Safety Commission, as existing from time to time; hazardous substance has the same meaning as in regulation 3.5 of the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 of the Commonwealth. 13—Exposure to noise (a) an operator; or (b) an employer; or (2) The person must not allow a member of the workforce who is under the person's control to be exposed to a level of noise that is in excess of the noise exposure standard. (3) It is a defence to a prosecution for an offence against subregulation (2) that the level of noise to which the member of the workforce is exposed, is in accordance with an exemption given by the Safety Authority under regulation 14. (4) In this regulation— noise exposure standard means the noise exposure standard set out in the National Standard for Occupational Noise [NOHSC: 1007(2000)] published by the National Occupational Health and Safety Commission, as existing from time to time. 14—Exemptions from hazardous substances and noise requirements (a) an operator; or (b) an employer; or (2) A person mentioned in subregulation (1) may apply to the Safety Authority for an exemption from compliance with regulation 11(2), 12(2) or 13(2). (3) The Safety Authority may grant an exemption if it considers that, in specified circumstances, compliance is not practicable. (4) The Safety Authority may specify conditions and limitations on an exemption.