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Work Health and Safety (General) Regulations 2022 (Western Australia) | Zoe
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Sections Documents Version History1 Conflicts Related
Part 1
Preliminary Chapter 1 — Preliminary
Part 1.1 — Introductory matters
Citation 1
Commencement 1
Not used 1
Not used 2
Terms used 2
Determination of safety management system 40
6A. Corresponding WHS laws prescribed 40
Meaning of person conducting a business or undertaking: persons excluded 41
Meaning of supply 41
Provisions linked to health and safety duties in Act 42
Part 1.2 — Application
Non‑application of regulations to mines and petroleum and geothermal energy operations 42
Application of regulations 42
Assessment of risk in relation to a class of hazards, tasks, circumstances or things 43
Part 1.3 — Incorporated documents
Documents incorporated as in force when incorporated 43
Inconsistencies between provisions 43
References to standards 43
Chapter 2 — Representation and participation
Part 2.1 — Representation
Division 1 — Work groups
Negotiations for and determination of work groups 45
Matters to be taken into account in negotiations 45
Div 2
Health and safety representatives Division 2 — Health and safety representatives
Procedures for election of health and safety representatives 46
Person conducting business or undertaking must not delay election 47
Removal of health and safety representatives 47
20A. Notice of entry for person assisting health and safety representative 48
Training for health and safety representatives 49
Part 2
2 — Issue resolution Part 2.2 — Issue resolution
Agreed procedure: minimum requirements 50
Default procedure 50
Part 2.3 — Cessation of unsafe work
Continuity of engagement of worker 52
Part 2.4 — Not used
Not used 52
Not used 52
Not used 52
Not used 52
Not used 52
Not used 52
Not used 52
Part 3
General risk and workplace management Chapter 3 — General risk and workplace management
Part 3.1 — Managing risks to health and safety
Application of Part 53
Specific requirements must be complied with 53
Duty to identify hazards 53
Managing risks to health and safety 53
Hierarchy of control measures 54
Maintenance of control measures 54
Review of control measures 55
Part 3.2 — General workplace management
Div 1
Information, training and instruction Division 1 — Information, training and instruction
Provision of information, training and instruction 56
Division 2 — General working environment
Duty in relation to general workplace facilities 57
Duty to provide and maintain adequate and accessible facilities 58
41A. Duty to protect from extremes of heat and cold 59
41B. Duty to provide adequate seating 59
Div 3
First aid Division 3 — First aid
Duty to provide first aid 60
Div 4
Emergency plans Division 4 — Emergency plans
Duty to prepare, maintain and implement emergency plan 61
Div 5
Personal protective equipment Division 5 — Personal protective equipment
Provision to workers and use of personal protective equipment 63
Personal protective equipment used by other persons 64
Duties of worker 65
Duty of person other than worker 66
Div 6
Remote or isolated work Division 6 — Remote or isolated work
Remote or isolated work 66
Div 7
Managing risks from airborne contaminants Division 7 — Managing risks from airborne contaminants
Ensuring exposure standards for substances and mixtures not exceeded 67
Monitoring airborne contaminant levels 68
Div 7A
Tobacco products and e‑cigarettes Division 7A — Tobacco products and e‑cigarettes
50A. Terms used 69
50B. Meaning of enclosed workplace 70
50C. Assessment of notional vertical surface area 71
50D. Persons not to smoke in enclosed workplace 71
50E. Defence to r. 50D: smoking in private vehicle or residence 72
50F. Defence to r. 50D: smoking by actor in a performance 72
50G. Certain persons to give notice of smoking restrictions 72
50H. Inspectors may require individuals to stop smoking 73
50I. Exposure to second‑hand smoke 73
Div 8
Hazardous atmospheres Division 8 — Hazardous atmospheres
Managing risks to health and safety 74
Ignition sources 75
Div 9
Storage of flammable or combustible substances Division 9 — Storage of flammable or combustible substances
Flammable and combustible material not to be accumulated 75
Div 10
Falling objects Division 10 — Falling objects
Management of risk of falling objects 76
Minimising risk associated with falling objects 76
Div 11
Psychosocial risks Division 11 — Psychosocial risks
55A. Meaning of psychosocial hazard 77
55B. Meaning of psychosocial risk 77
55C. Managing psychosocial risks 77
55D. Control measures 77
Div 12
Directed medical examinations Division 12 — Directed medical examinations
55E. Meaning of medical examination notice 79
55F. Regulator may direct medical examination of workers 79
55G. Worker to choose registered medical practitioner 79
55H. Person conducting business or undertaking must comply with medical examination notice 80
55I. Duties of registered medical practitioner conducting examination 80
55J. Regulator must inform person conducting business or undertaking 81
55K. Person conducting business or undertaking must ensure confidentiality of medical examination results 82
Part 4
Hazardous work Chapter 4 — Hazardous work
Part 4.1 — Noise
Meaning of exposure standard for noise 83
Managing risk of hearing loss from noise 83
Audiometric testing 84
Duties of designers, manufacturers, importers and suppliers of plant 85
Part 4.2 — Hazardous manual tasks
Managing risks to health and safety 87
Duties of designers, manufacturers, importers and suppliers of plant or structures 87
Part 4.3 — Confined spaces
Confined spaces to which Part applies 90
Application to emergency service workers 90
Division 2 — Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure
Duty to eliminate or minimise risk 90
Division 3 — Duties of person conducting business or undertaking
Entry into confined space must comply with Division 91
Managing risks to health and safety 92
Confined space entry permit 93
Signage 94
Communication and safety monitoring 95
Specific control: connected plant and services 95
Specific control: atmosphere 96
Specific control: flammable gases and vapours 97
Specific control: fire and explosion 98
Emergency procedures 98
Personal protective equipment in emergencies 99
Information, training and instruction for workers 100
Confined space entry permit and risk assessment must be kept 101
Part 4.4 — Falls
Management of risk of fall 103
Specific requirements to minimise risk of fall 104
79A. Duties of certain persons as to holes or openings in floors 106
Emergency and rescue procedures 108
Part 4.5 — High risk work
Division 1 — Licensing of high risk work
Subdivision 1 — Requirement to be licensed
Licence required to carry out high risk work 109
Exceptions 109
Recognition of high risk work licences in other jurisdictions 111
Duty of person conducting business or undertaking to ensure direct supervision 111
Evidence of licence: duty of person conducting business or undertaking 112
Subdiv 2
Licensing process Subdivision 2 — Licensing process
Who may apply for a licence 114
Application for high risk work licence 114
Additional information 115
Decision on application 116
Matters to be taken into account 117
Refusal to grant high risk work licence: process 118
91A. Conditions of licence 119
Duration of licence 119
Licence document 119
Licence document to be available 120
Reassessment of competency of licence holder 121
Subdiv 3
Amendment of licence document Subdivision 3 — Amendment of licence document
Notice of change of address 121
Licence holder to return licence 121
Replacement licence document 122
Voluntary surrender of licence 123
Subdiv 4
Renewal of high risk work licence Subdivision 4 — Renewal of high risk work licence
Regulator may renew licence 123
Application for renewal 123
Licence continues in force until application is decided 124
Renewal of expired licence 124
Provisions relating to renewal of licence 124
Status of licence during review 125
Subdiv 5
Suspension and cancellation of high risk work licence Subdivision 5 — Suspension and cancellation of high risk work licence
Suspension or cancellation of licence 126
Matters taken into account 127
Notice to and submissions by licence holder 128
Notice of decision 128
Immediate suspension 130
Licence holder to return licence document 131
Regulator to return licence document after suspension 131
Division 2 — Accreditation of assessors
Subdiv 1
Requirement to be accredited Subdivision 1 — Requirement to be accredited
Accreditation required to assess competency for high risk work licence 131
Accredited assessor must act in accordance with accreditation 131
Subdivision 2 — Accreditation process
Regulator may accredit assessors 132
Application for accreditation 132
Additional information 134
Decision on application 134
Matters to be taken into account 136
Refusal to grant accreditation: process 137
Conditions of accreditation 137
Duration of accreditation 138
Accreditation document 138
Accreditation document to be available 139
Subdivision 3 — Amendment of accreditation document
Changes to information 139
Accredited assessor to return accreditation document 140
Replacement accreditation document 140
Voluntary surrender of accreditation 141
Subdivision 4 — Renewal of accreditation
Regulator may renew accreditation 141
Application for renewal 142
Accreditation continues in force until application is decided 142
Provisions relating to application 142
Subdivision 5 — Suspension and cancellation
Regulator may suspend or cancel accreditation 143
Suspension or cancellation of accreditation 143
Matters to be taken into account 144
Notice to and submissions by accredited assessor 145
Notice of decision 145
Immediate suspension 147
Accredited assessor to return accreditation document 147
Regulator to return accreditation document after suspension 148
Subdiv 6
Agreements with RTOs Subdivision 6 — Agreements with RTOs
Regulator may enter into agreement with RTO 148
141A. RTO to retain records 148
Part 4.6 — Demolition work
Division 1 — Not used
Not used 149
Division 2 — Conduct of demolition work
142A. Application of Division 149
142B. Requirement to hold Class 1 demolition licence 149
142C. Requirement to hold demolition licence to carry out Class 2 demolition work 151
142D. Demolition work must be conducted by competent persons 151
142E. Demolition work must be supervised by nominated supervisor 152
142F. Regulator to be notified of proposed Class 1 or 2 demolition work in accordance with standard 152
142G. Application for approval of regulator for proposed Class 1 or 2 demolition work not in accordance with standard 153
142H. Regulator’s functions as to application under r. 142G 153
142I. Class 1 or 2 demolition work not to be done without notification or approval or until conditions set 154
142J. Demolition work other than Class 1 or 2 demolition work to be in accordance with standard 155
142K. Class 1 or 2 demolition work to be in accordance with standard or approval 155
142L. Documents to be kept at demolition workplace 156
142M. Requirements for scaffold used in demolition work 157
Part 4.6A — Licensing of demolition work
Division 1 — Licensing process
142N. Application for demolition licence 158
142O. Nomination of supervisor 160
142P. Regulator may request examination 161
142Q. Additional information 161
142R. Decision on application 161
142S. Matters to be taken into account 163
142T. Refusal to grant licence: process 163
142U. Conditions of licence 164
142V. Duration of licence 165
142W. Licence document 165
142X. Licence document to be available 165
Division 2 — Amendment of licence and licence document
Changes to information 166
143A. Change to nominated supervisor 166
143B. Amendment imposed by regulator 167
143C. Amendment on application by licence holder 169
143D. Minor amendments to licence 170
143E. Regulator to give amended licence to the holder 170
143F. Licence holder to return licence 171
143G. Replacement licence document 171
143H. Voluntary surrender of licence 172
Division 3 — Renewal of licence
143I. Regulator may renew licence 172
143J. Application for renewal 172
143K. Provisions relating to renewal of licence 173
143L. Renewal of demolition licence: regulator to be satisfied about certain matters 174
143M. Status of licence during review 174
Division 4 — Suspension and cancellation of licence
143N. Suspension or cancellation of licence 175
143O. Matters taken into account 177
143P. Notice to and submissions by licence holder 178
143Q. Notice of decision 178
143R. Immediate suspension 179
143S. Licence holder to return licence document 180
143T. Regulator to return licence document after suspension 180
Part 4.7 — General electrical safety in workplaces and energised electrical work
Meaning of electrical equipment 181
Meaning of electrical installation 181
Meaning of electrical work 181
146A. References to electricity distributor in AS/NZS 3012:2010 181
Division 2 — General risk management
Risk management 181
Division 3 — Electrical equipment and electrical installations
Electrical equipment and electrical installations to which Division applies 182
Unsafe electrical equipment 182
Inspection and testing of electrical equipment 183
Untested electrical equipment not to be used 184
Division 4 — Electrical work on energised electrical equipment
Electrical work 185
Work in roof spaces 185
Not used 188
Not used 188
Not used 188
Not used 188
Not used 188
Not used 188
Not used 188
Not used 188
Not used 188
Division 5 — Electrical equipment and installations and construction work: additional duties
Duty of person conducting business or undertaking 188
Division 6 — Residual current devices
Use of socket outlets in hostile operating environment 189
Testing of residual current devices 190
Division 7 — Overhead and underground electric lines
Duty of person conducting a business or undertaking: underground electric lines 191
166A. Duty of person conducting a business or undertaking: overhead electric lines 192
Part 4.8 — Diving work
Purpose of Part 193
Division 2 — General diving work: fitness and competence of worker
Person conducting business or undertaking must ensure fitness of workers 193
Certificate of medical fitness 194
Duty to keep certificate of medical fitness 194
Competence of worker: general diving work: qualifications 195
171A. Competence of worker: general diving work: knowledge and skill 196
Competence of worker: incidental diving work 196
Competence of worker: limited scientific diving work 197
Competence of competent person supervising general diving work 197
Evidence of competence: duty of person conducting business or undertaking 198
Division 3 — Managing risks: general diving work
Management of risks to health and safety 199
Appointment of competent person to supervise diving work 199
Additional control: dive plan 200
Dive plan must be complied with 200
Additional control: dive safety log to be kept 201
Use of dive safety log 202
Record keeping 204
Division 4 — High risk diving work
Duties of person conducting business or undertaking 205
Duty of worker: competence 205
Part 4.10 — Driving commercial vehicles
184B. Application of Part 206
184C. Terms used 206
184D. Commercial vehicle driver: duties 208
184E. Commercial vehicle driver: hours of work 209
184F. Requirement for driver fatigue management plan 210
184G. Record of commercial vehicle drivers’ time 211
Part 5
Plant and structures Chapter 5 — Plant and structures
Part 5.1 — General duties for plant and structures
Application of Part to plant 212
Application of Part to structures 212
Division 2 — Duties of persons conducting businesses or undertakings that design plant
Provision of information to manufacturer 212
Hazard identified in design during manufacture 213
Guarding 214
Operational controls 216
Emergency stop controls 217
Warning devices 218
Division 3 — Duties of persons conducting businesses or undertakings that manufacture plant
Control of risk 218
Guarding 220
Information must be obtained and provided 221
Division 4 — Duties of persons conducting businesses or undertakings that import plant
Information to be obtained and provided by importer 221
Control of risk 222
Division 5 — Duties of persons conducting businesses or undertakings that supply plant
Information to be obtained and provided by supplier 223
Supply of second‑hand plant: duties of supplier 223
Second‑hand plant to be used for scrap or spare parts 224
Division 6 — Duties of persons conducting businesses or undertakings that install, construct or commission plant or structures
Duties of persons conducting businesses or undertakings that install, construct or commission plant 224
Duties of persons conducting businesses or undertakings that install, construct or commission structures 225
Division 7 — General duties of a person conducting a business or undertaking involving the management or control of plant
Subdivision 1 — Management of risks
Management of risks to health and safety 226
Subdivision 2 — Additional control measures for general plant
Control of risks arising from installation or commissioning 226
Preventing unauthorised alterations to or interference with plant 227
Proper use of plant and controls 228
Plant not in use 228
Guarding 229
Guarding and insulation from heat and cold 231
Operational controls 231
Emergency stops 232
Warning devices 233
Maintenance and inspection of plant 234
Subdivision 3 — Additional control measures for certain plant
Powered mobile plant: general control of risk 234
Powered mobile plant: specific control measures 235
Roll‑over protection on tractors 236
Not used 237
Industrial lift trucks 237
Plant that lifts or suspends loads 238
Exception: plant not specifically designed to lift or suspend a person 240
Plant used in connection with tree lopping 241
Industrial robots 241
Lasers 242
Pressure equipment 243
Scaffolds 244
Plant with presence‑sensing safeguarding system: records 247
Part 5.2 — Additional duties relating to registered plant and plant designs
Division 1 — Application of Part
Application of Part 248
Division 2 — Duty of person conducting a business or undertaking who designs plant to record plant design
Records and information 248
Record of standards or engineering principles used 249
Records to be available for inspection 249
Division 3 — Duties of a person conducting a business or undertaking
Duty of persons conducting businesses or undertakings that manufacture plant 250
Duty of persons conducting businesses or undertakings that import plant 250
Duty of persons conducting businesses or undertakings that supply plant 251
Duty of persons conducting businesses or undertakings that commission plant 251
Division 4 — Duties of a person conducting a business or undertaking involving the management or control of plant
Subdivision 1 — Control measures for registered plant
Major inspection of registered mobile cranes and tower cranes 252
Lifts 253
Records of plant 254
Subdivision 2 — Control measures for amusement devices and passenger ropeways
Operation of amusement devices and passenger ropeways 255
Storage of amusement devices and passenger ropeways 256
Maintenance, inspection and testing of amusement devices and passenger ropeways 257
Annual inspection of amusement devices and passenger ropeways 257
Log book and manuals for amusement devices 259
Part 5.3 — Registration of plant designs and items of plant
Division 1 — Plant designs to be registered
Plant design to be registered 260
Altered plant designs to be registered 261
Recognition of designs registered by corresponding regulator 261
Division 2 — Items of plant to be registered
Items of plant to be registered 262
Recognition of plant registered by corresponding regulator 263
Division 3 — Registration process for plant designs
Application of Division 263
Who can apply to register a plant design 263
Application for registration 263
Design verification statement 264
Who can be the design verifier 265
Duty of design verifier 265
Design verification statements not to be made in certain circumstances 266
Additional information 266
Decision on application 266
Refusal of registration: process 268
Conditions of registration 268
Duration of registration of plant design 269
Plant design registration number 269
Registration document 270
Registration document to be available 270
Disclosure of design information 271
Division 4 — Registration process for an item of plant
Application of Division 271
Who can apply to register an item of plant 272
Application for registration 272
When is a person competent to inspect plant 273
Additional information 273
Decision on application 274
Refusal of registration: process 275
Conditions of registration 276
Day when registration takes effect 276
Plant registration number 276
Registration document 277
Registration document to be available 277
Not used 278
Not used 278
Not used 278
Not used 278
Not used 278
Division 5 — Changes to registration and registration documents
Application of Division 278
Changes to information 278
Amendment of registration imposed by regulator 279
Amendment on application by registration holder 280
Minor corrections to registration 282
Regulator to give amended registration document 282
Registration holder to return registration document 282
Replacement registration document 283
Division 6 — Cancellation of registration
288A. Application of Division 284
288B. Regulator may cancel registration 284
288C. Cancellation process 284
288D. Registration holder to return registration document 285
Part 6
Construction work Chapter 6 — Construction work
Part 6.1 — Preliminary
Meaning of construction work 287
Meaning of structure 288
Meaning of high risk construction work 289
Meaning of construction project 290
Meaning of principal contractor 290
Part 6.2 — Duties of designer of structure and person who commissions construction work
Person who commissions work must consult with designer 291
Designer must give safety report to person who commissions design 292
Person who commissions project must give information to principal contractor 292
Part 6.3 — Duties of person conducting business or undertaking
Division 1 — General
Management of risks to health and safety 293
Security of workplace 293
Division 2 — High risk construction work: safe work method statements
Safe work method statement required for high risk construction work 294
Compliance with safe work method statement 295
Safe work method statement: copy to be given to principal contractor 296
Review of safe work method statement 296
Safe work method statement must be kept 296
Division 3 — Excavation work
Excavation work: underground essential services information 297
Management of risks to health and safety associated with excavation work 299
Additional controls: trenches 300
Division 4 — Tilt‑up concrete and precast concrete elements
306A. Terms used 302
306B. Regulator to be notified of proposed manufacture of concrete panel 302
306C. Concrete panels to be designed and made in accordance with standard 303
306D. Concrete panel at construction site to be transported, craned, stored and erected in accordance with standard 305
306E. Concrete panel at construction site to be temporarily braced in accordance with standard 306
306F. Concrete panel to be fixed and temporary bracing to be removed in accordance with standard 306
306G. Tilt‑up work at construction site not to be done unless regulator notified under r. 306B 307
306H. Documents required at construction site where tilt‑up work done 307
306I. Duty of principal contractor etc. to limit entry to construction site area where tilt‑up work being done 308
306J. Certain persons to ensure only trained persons manufacture concrete panels 309
306K. Certain persons to ensure only trained persons do tilt‑up work other than manufacturing concrete panels 309
Part 6.4 — Additional duties of principal contractor
Application of Part 310
Not used 310
WHS management plan: preparation 310
WHS management plan: duty to inform 311
WHS management plan: review 312
High risk construction work: safe work method statements 312
Copy of WHS management plan must be kept 313
Further health and safety duties: specific regulations 314
Further health and safety duties: specific risks 314
Part 6.4A — Duties of local government
315A. Local government to notify regulator of construction work permits 315
Part 6.5 — General construction induction training
Division 1 — General construction induction training requirements
Duty to provide general construction induction training 315
Duty to ensure worker has been trained 316
Recognition of general construction induction training cards issued in other jurisdictions 317
Division 2 — General construction induction training cards
318A. Meaning of authorised RTO 317
Not used 317
Content of card 317
Not used 317
Not used 318
Cancellation of card: grounds 318
Cancellation of card: process 318
RTO may enter agreement to issue cards 319
Division 3 — Duties of workers
Duties of workers 319
Alteration of general construction induction training card 320
Chapter 7 — Hazardous chemicals
Part 7.1 — Hazardous chemicals
Division 1 — Application
Application 321
Division 2 — Obligations relating to safety data sheets and other matters
Subdivision 1 — Obligations of manufacturers and importers
Classification of hazardous chemicals 323
Manufacturer or importer to prepare and provide safety data sheets 323
Safety data sheets: research chemical, waste product or sample for analysis 325
Emergency disclosure of chemical identities to registered medical practitioner 325
Emergency disclosure of chemical identities to emergency service worker 326
Packing hazardous chemicals 326
Labelling hazardous chemicals 326
Subdivision 2 — Obligations of suppliers
Restriction on age of person who can supply hazardous chemicals 328
Retailer or supplier packing hazardous chemicals 329
Supplier labelling hazardous chemicals 329
Supplier to provide safety data sheets 330
Supply of prohibited and restricted carcinogens 331
Subdivision 3 — Obligations of persons conducting businesses or undertakings
Labelling hazardous chemicals: general requirement 332
Labelling hazardous chemicals: containers 333
Labelling hazardous chemicals: pipe work 335
Person conducting business or undertaking to obtain and give access to safety data sheets 335
Changes to safety data sheets 338
Division 3 — Register of hazardous chemicals
Subdivision 1 — Hazardous chemicals register
Hazardous chemicals register 339
Subdivision 2 — Not used
Not used 340
Not used 340
Division 4 — Not used
Not used 340
Not used 340
Division 5 — Control of risk: obligations of persons conducting businesses or undertakings
Subdivision 1 — General obligations relating to management of risk
Management of risks to health or safety 340
Review of control measures 341
Safety signs 342
Identification of risk of physical or chemical reaction 343
Specific control: fire and explosion 344
Keeping hazardous chemicals stable 344
Subdivision 2 — Spills and damage
Containing and managing spills 345
Protecting hazardous chemicals from damage 346
Subdivision 3 — Emergency plans and safety equipment
Fire protection and firefighting equipment 347
Emergency equipment 348
Not used 348
Safety equipment 349
Subdivision 4 — Not used
Not used 349
Not used 349
Not used 349
Not used 349
Not used 349
Division 6 — Health monitoring
Duty to provide health monitoring 349
Duty to inform of health monitoring 350
Duty to ensure that appropriate health monitoring is provided 351
Duty to ensure health monitoring is supervised by registered medical practitioner with experience 351
Duty to pay costs of health monitoring 352
Information that must be provided to registered medical practitioner 352
Duty to obtain health monitoring report 353
Duty to give health monitoring report to worker 354
Duty to give health monitoring report to regulator 354
Duty to give health monitoring report to relevant persons conducting businesses or undertakings 354
Health monitoring records 354
Division 7 — Induction, information, training and supervision
Duty to provide supervision 355
Division 8 — Prohibition, authorisation and restricted use
Using, handling and storing prohibited carcinogens 356
Using, handling and storing restricted carcinogens 356
Using, handling and storing restricted hazardous chemicals 357
Application for authorisation to use, handle or store prohibited and restricted carcinogens 357
Authorisation to use, handle or store prohibited carcinogens and restricted carcinogens 358
Changes to information in application to be reported 359
Regulator may cancel authorisation 360
Statement of exposure to be given to workers 360
Records to be kept 361
Division 9 — Not used
Not used 361
Not used 361
Not used 362
Part 7
2 — Lead Part 7.2 — Lead
Division 1 — Lead process
Meaning of lead process 362
Regulator may decide lead process 364
Meaning of lead risk work 365
Duty to give information about health risks of lead process 365
Division 2 — Control of risk
Containment of lead contamination 366
Cleaning methods 366
Prohibition on eating, drinking and smoking 367
Provision of changing and washing facilities 367
Laundering, disposal and removal of personal protective equipment 368
Review of control measures 369
Division 3 — Lead risk work
Identifying lead risk work 371
Notification of lead risk work 372
Changes to information in notification of lead risk work 373
Division 4 — Health monitoring
Duty to provide health monitoring before first commencing lead risk work 374
Duty to ensure that appropriate health monitoring is provided 375
Frequency of biological monitoring 375
Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience 377
Duty to pay costs of health monitoring 377
Information that must be provided to registered medical practitioner 378
Duty to obtain health monitoring report 378
Duty to give health monitoring report to worker 380
Duty to give health monitoring report to regulator 380
Duty to give health monitoring report to relevant persons conducting businesses or undertakings 381
Removal of worker from lead risk work 381
Duty to ensure medical examination if worker removed from lead risk work 382
Return to lead risk work after removal 383
Health monitoring records 384
Part 8
Asbestos Chapter 8 — Asbestos
Part 8.1 — Prohibitions and authorised conduct
Work involving asbestos or ACM: prohibitions and exceptions 385
Part 8.2 — General duty
Exposure to airborne asbestos at workplace 387
Part 8.3 — Management of asbestos and associated risks
Application of Part 387
421A. Regulator may direct tests for, or removal of, asbestos at workplace 388
Asbestos to be identified or assumed at workplace 388
Analysis of sample 389
Presence and location of asbestos to be indicated 389
Asbestos register 390
Review of asbestos register 391
Access to asbestos register 392
Transfer of asbestos register by person relinquishing management or control 392
Asbestos management plan 393
Review of asbestos management plan 394
Part 8.4 — Management of naturally occurring asbestos
Naturally occurring asbestos 395
Asbestos management plan 396
Review of asbestos management plan 397
Training in relation to naturally occurring asbestos 398
Part 8.5 — Asbestos at the workplace
Division 1 — Health monitoring
Duty to provide health monitoring 398
Duty to ensure that appropriate health monitoring is provided 399
Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience 399
Duty to pay costs of health monitoring 400
Information that must be provided to registered medical practitioner 401
Duty to obtain health monitoring report 401
Duty to give health monitoring report to worker 402
Duty to give health monitoring report to regulator 402
Duty to give health monitoring report to relevant persons conducting businesses or undertakings 403
Health monitoring records 403
Division 2 — Training
Duty to train workers about asbestos 404
Division 3 — Control on use of certain equipment
Duty to limit use of equipment 405
Part 8.6 — Demolition and refurbishment
Application of Part 406
Review of asbestos register 406
Duty to give asbestos register to person conducting business or undertaking of demolition or refurbishment 407
Duty to obtain asbestos register 407
Determining presence of asbestos or ACM 407
Identification and removal of asbestos before demolition 409
Identification and removal of asbestos before demolition of residential premises 409
Emergency procedure 410
Emergency procedure: residential premises 411
Identification and removal of asbestos before refurbishment 412
Refurbishment of residential premises 413
Part 8.7 — Asbestos removal work
Duty to ensure asbestos removalist is licensed 413
Asbestos removal supervisor must be present or readily available 414
Asbestos removal worker must be trained 414
Licensed asbestos removalist must keep training records 415
Duty to give information about health risks of licensed asbestos removal work 416
Asbestos removalist must obtain register 416
Asbestos removal control plan 417
Asbestos removal control plan to be kept and available 417
Regulator must be notified of asbestos removal 418
Licensed asbestos removalist must inform certain persons about intended asbestos removal work 420
Person with management or control of workplace must inform persons about asbestos removal work 421
Signage and barricades for asbestos removal work 422
Limiting access to asbestos removal area 423
Decontamination facilities 424
Disposing of asbestos waste and contaminated personal protective equipment 425
Clearance inspection 426
Clearance certificates 427
Part 8.8 — Asbestos removal requiring Class A asbestos removal licence
Air monitoring: asbestos removal requiring Class A asbestos removal licence 428
Action if respirable asbestos fibre level too high 430
Removing friable asbestos 432
Part 8.9 — Asbestos‑related work
Application of Part 433
Uncertainty as to presence of asbestos 434
Duty to give information about health risks of asbestos‑related work 434
Asbestos‑related work to be in separate area 435
Air monitoring 435
Decontamination facilities 436
Disposing of asbestos waste and contaminated personal protective equipment 437
Part 8.10 — Licensing of asbestos removalists and asbestos assessors
Division 1 — Asbestos removalists: requirement to be licensed
Requirement to hold Class A asbestos removal licence 439
Exception to requirement to hold Class A asbestos removal licence 439
Requirement to hold Class B asbestos removal licence 440
Recognition of asbestos removal licences in other jurisdictions 440
Division 2 — Asbestos assessors: requirement to be licensed
Requirement to hold asbestos assessor licence 441
Recognition of asbestos assessor licences in other jurisdictions 441
Division 3 — Licensing process
Who may apply for a licence 441
Application for asbestos removal licence or asbestos assessor licence 442
Content of application: Class A asbestos removal licence 444
Content of application: Class B asbestos removal licence 444
Content of application: asbestos assessor licence 445
Additional information 445
Decision on application 446
Class A asbestos removal licence: regulator to be satisfied about additional matters 447
Class B asbestos removal licence: regulator to be satisfied about additional matters 448
Matters to be taken into account 448
Refusal to grant licence: process 449
Conditions of licence 450
Duration of licence 451
Licence document 451
Licence document to be available 452
Division 4 — Amendment of licence and licence document
Changes to information 452
Change to nominated supervisor 452
Amendment imposed by regulator 453
Amendment on application by licence holder 454
Minor corrections to licence 456
Regulator to give amended licence to the holder 456
Licence holder to return licence 456
Replacement licence document 457
Voluntary surrender of licence 458
Division 5 — Renewal of licence
Regulator may renew licence 458
Application for renewal 458
Provisions relating to renewal of licence 459
Renewal of asbestos removal licence: regulator to be satisfied about certain matters 460
Status of licence during review 460
Division 6 — Suspension and cancellation of licence
Suspension or cancellation of licence 461
Matters taken into account 463
Notice to and submissions by licence holder 464
Notice of decision 464
Immediate suspension 465
Licence holder to return licence document 466
Regulator to return licence document after suspension 466
Division 7 — General
Asbestos removal licence register 467
Asbestos assessors register 467
Work must be supervised by nominated supervisor 467
Part 8A
Crystalline silica Chapter 8A — Crystalline silica
Part 8A.1 — Preliminary
529A. Meaning of processing in relation to crystalline silica substances and related terms 468
529B. When processing of CSS is controlled 470
529C. Duty for processing of CSS to be controlled 471
529CA. Identifying processing of CSS that is high risk 472
529CB. Silica risk control plan required for processing of CSS that is high risk 473
529CC. Compliance with silica risk control plan 474
529CD. Duty to train workers about risks of crystalline silica 475
529CE. Monitoring in relation to processing of CSS that is high risk 476
Part 8A.2 — Work involving engineered stone benchtops, panels or slabs
529D. Work involving engineered stone benchtops, panels or slabs — prohibition 477
529E. Work involving engineered stone benchtops, panels or slabs — exception for particular supply and installation 478
529F. Work involving engineered stone benchtops, panels or slabs — exception for particular processing 478
Part 8A.3 — Regulator to be notified of particular processing of engineered stone
529G. Notification of particular processing of engineered stone 479
529H. Notification of change in information given under Part 8A.3 480
529I. Notification that work continues 12 months after last notice given under Part 8A.3 481
529J. Duty to keep notice given under Part 8A.3 481
Part 9
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Part 10
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Chapter 11 — General
Part 11.1 — Review of decisions under these regulations
Division 1 — Reviewable decisions
Which decisions under these regulations are reviewable 491
Division 2 — Internal review
Application 503
Application for internal review 503
Internal reviewer 503
Decision of internal reviewer 504
Decision on internal review 504
Internal review: reviewable decision continues 505
Division 3 — External review
Application for external review 505
Part 11
2 — Exemptions Part 11.2 — Exemptions
Division 1 — General
General power to grant exemptions 505
Matters to be considered in granting exemptions 506
Division 2 — High risk work licences
High risk work licence: exemption 507
High risk work licence: regulator to be satisfied about certain matters 507
Division 3 — Not used
Not used 508
Not used 508
Div 3A
Engineered stone Division 3A — Engineered stone
689A. Engineered stone — exemption 508
689B. Engineered stone — application for exemption 508
689C. Engineered stone — notifying persons of application for exemption 509
689D. Engineered stone — regulator to be satisfied about certain matters 510
689E. Safe Work Australia may issue and publish documents in relation to exemptions 511
Division 4 — Exemption process
Application for exemption 511
Conditions of exemption 512
Form of exemption document 512
Compliance with conditions of exemption 513
Notice of decision in relation to exemption 513
Publication of exemption 513
Notice of refusal of exemption 514
Amendment or cancellation of exemption 514
Notice of amendment or cancellation 514
Part 11.3 — Miscellaneous
Incident notification: prescribed serious illnesses 515
Inspectors’ identity cards 516
Entry warrant 517
Refund, waiver or reduction of relevant fees 517
Review of decisions under the Act: stay of decision 517
Confidentiality of information: exception relating to administration or enforcement of other laws 517
Part 11.4 — Transitional and savings provisions for Work Health and Safety (General) Regulations 2022
Terms used 519
Applications pending determination 519
References to convictions or findings of guilt 519
Safe work method statements 520
Risk assessments 520
Evacuation procedures 520
Registers relating to asbestos 520
Approved use of carcinogens 521
Exemptions 521
Falls from height 521
Accredited safety and health representative training courses 521
Class 1 or 2 demolition work approvals 522
References to GHS 522
Residual current devices 522
Roll‑over protection on tractors 522
Demolition licences 523
High risk work licences 523
Requirements to minimise risk of fall in high risk construction work 527
Materials hoists 527
Concrete placing booms 527
Reach stackers 528
Accreditation of assessors 528
Plant designs and items of plant registered under OSHR 528
Plant designs and items of plant not registered under OSHR 528
Unrestricted asbestos removal licences 529
Restricted asbestos removal licences 529
Construction induction training 530
General diving work: qualifications 530
Part 11.4A — Transitional and savings provisions for Work Health and Safety Regulations Amendment Regulations (No. 2) 2023
Delayed application of Schedule 3 items 14A and 15A 530
Part 11.5 — Transitional and savings provisions for Work Health and Safety (General) Amendment Regulations (No. 2) 2024
Particular work involving engineered stone — exception if carried out before 1 July 2024 531
Particular work involving engineered stone — exception if carried out under pre‑2024 contract 531
Application of Part 8A.3 to processing of engineered stone carried out before 1 July 2024 532
Sch 1
Not used Sch 2
Fees Schedule 2 — Fees
Purpose of Schedule 533
Sch 3
High risk work licences and classes of high risk work Schedule 3 — High risk work licences and classes of high risk work
Boom‑type elevating work platform 544
Sch 4
High risk work licences: competency requirements Schedule 4 — High risk work licences: competency requirements
Purpose of Schedule 545
Sch 5
Registration of plant and plant designs Schedule 5 — Registration of plant and plant designs
Division 1 — Plant requiring registration of design
Items of plant requiring registration of design 549
Exceptions 550
Division 2 — Items of plant requiring registration
Items of plant requiring registration 550
Exceptions 551
Sch 6
Classification of mixtures Schedule 6 — Classification of mixtures
Purpose of Schedule 553
Sch 7
Safety data sheets Schedule 7 — Safety data sheets
Safety data sheets: content 558
Safety data sheets: research chemical, waste product or sample for analysis 559
Sch 8
Disclosure of ingredients in safety data sheet Schedule 8 — Disclosure of ingredients in safety data sheet
Purpose of Schedule 561
Identity of ingredients to be disclosed 561
Generic names used to disclose identity of ingredients 563
Disclosing proportions of ingredients 564
More sections below
Source text: opening excerpt Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Work Health and Safety Act 2020
Work Health and Safety (General) Regulations 2022
Western Australia
Work Health and Safety (General) Regulations 2022
Contents
Chapter 1 — Preliminary
Part 1.1 — Introductory matters
Citation 1
Commencement 1
Not used 1
Not used 2
Terms used 2
Determination of safety management system 40
6A. Corresponding WHS laws prescribed 40
Meaning of person conducting a business or undertaking: persons excluded 41
Meaning of supply 41
Provisions linked to health and safety duties in Act 42
Part 1.2 — Application
Non‑application of regulations to mines and petroleum and geothermal energy operations 42
Application of regulations 42
Assessment of risk in relation to a class of hazards, tasks, circumstances or things 43
Part 1.3 — Incorporated documents
Documents incorporated as in force when incorporated 43
Inconsistencies between provisions 43
References to standards 43
Chapter 2 — Representation and participation
Part 2.1 — Representation
Division 1 — Work groups
Negotiations for and determination of work groups 45
Matters to be taken into account in negotiations 45
Division 2 — Health and safety representatives
Procedures for election of health and safety representatives 46
Person conducting business or undertaking must not delay election 47
Removal of health and safety representatives 47
20A. Notice of entry for person assisting health and safety representative 48
Division Div 3 First aid
Training for health and safety representatives 49 Part 2.2 — Issue resolution
Agreed procedure: minimum requirements 50
Default procedure 50
Part 2.3 — Cessation of unsafe work
Continuity of engagement of worker 52
Not used 52
Not used 52
Not used 52
Not used 52
Not used 52
Not used 52
Not used 52
Chapter 3 — General risk and workplace management
Part 3.1 — Managing risks to health and safety
Application of Part 53
Specific requirements must be complied with 53
Duty to identify hazards 53
Managing risks to health and safety 53
Hierarchy of control measures 54
Maintenance of control measures 54
Review of control measures 55
Part 3.2 — General workplace management
Division 1 — Information, training and instruction
Provision of information, training and instruction 56
Division 2 — General working environment
Duty in relation to general workplace facilities 57
Duty to provide and maintain adequate and accessible facilities 58
41A. Duty to protect from extremes of heat and cold 59
41B. Duty to provide adequate seating 59
Duty to provide first aid 60
Division 4 — Emergency plans
Duty to prepare, maintain and implement emergency plan 61
Division 5 — Personal protective equipment
Provision to workers and use of personal protective equipment 63
Personal protective equipment used by other persons 64
Duties of worker 65
Duty of person other than worker 66
Division 6 — Remote or isolated work
Remote or isolated work 66
Division 7 — Managing risks from airborne contaminants
Ensuring exposure standards for substances and mixtures not exceeded 67
Monitoring airborne contaminant levels 68
Division 7A — Tobacco products and e‑cigarettes
50B. Meaning of enclosed workplace 70
50C. Assessment of notional vertical surface area 71
50D. Persons not to smoke in enclosed workplace 71
50E. Defence to r. 50D: smoking in private vehicle or residence 72
50F. Defence to r. 50D: smoking by actor in a performance 72
50G. Certain persons to give notice of smoking restrictions 72
50H. Inspectors may require individuals to stop smoking 73
50I. Exposure to second‑hand smoke 73
Division 8 — Hazardous atmospheres
Managing risks to health and safety 74
Ignition sources 75
Division 9 — Storage of flammable or combustible substances
Flammable and combustible material not to be accumulated 75
Division 10 — Falling objects
Management of risk of falling objects 76
Minimising risk associated with falling objects 76
Division 11 — Psychosocial risks
55A. Meaning of psychosocial hazard 77
55B. Meaning of psychosocial risk 77
55C. Managing psychosocial risks 77
Division 12 — Directed medical examinations
55E. Meaning of medical examination notice 79
55F. Regulator may direct medical examination of workers 79
55G. Worker to choose registered medical practitioner 79
55H. Person conducting business or undertaking must comply with medical examination notice 80
55I. Duties of registered medical practitioner conducting examination 80
55J. Regulator must inform person conducting business or undertaking 81
55K. Person conducting business or undertaking must ensure confidentiality of medical examination results 82
Chapter 4 — Hazardous work
Meaning of exposure standard for noise 83
Managing risk of hearing loss from noise 83
Audiometric testing 84
Duties of designers, manufacturers, importers and suppliers of plant 85
Part 4.2 — Hazardous manual tasks
Managing risks to health and safety 87
Duties of designers, manufacturers, importers and suppliers of plant or structures 87
Part 4.3 — Confined spaces
Confined spaces to which Part applies 90
Application to emergency service workers 90
Division 2 — Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure
Duty to eliminate or minimise risk 90
Division 3 — Duties of person conducting business or undertaking
Entry into confined space must comply with Division 91
Managing risks to health and safety 92
Confined space entry permit 93
Signage 94
Communication and safety monitoring 95
Specific control: connected plant and services 95
Specific control: atmosphere 96
Specific control: flammable gases and vapours 97
Specific control: fire and explosion 98
Emergency procedures 98
Personal protective equipment in emergencies 99
Information, training and instruction for workers 100
Confined space entry permit and risk assessment must be kept 101
Management of risk of fall 103
Specific requirements to minimise risk of fall 104
79A. Duties of certain persons as to holes or openings in floors 106
Emergency and rescue procedures 108
Part 4.5 — High risk work
Division 1 — Licensing of high risk work
Subdivision 1 — Requirement to be licensed
Licence required to carry out high risk work 109
Exceptions 109
Recognition of high risk work licences in other jurisdictions 111
Duty of person conducting business or undertaking to ensure direct supervision 111
Evidence of licence: duty of person conducting business or undertaking 112
Subdivision 2 — Licensing process
Who may apply for a licence 114
Application for high risk work licence 114
Additional information 115
Decision on application 116
Matters to be taken into account 117
Refusal to grant high risk work licence: process 118
91A. Conditions of licence 119
Duration of licence 119
Licence document 119
Licence document to be available 120
Reassessment of competency of licence holder 121
Subdivision 3 — Amendment of licence document
Notice of change of address 121
Licence holder to return licence 121
Replacement licence document 122
Voluntary surrender of licence 123
Subdivision 4 — Renewal of high risk work licence
Regulator may renew licence 123
Application for renewal 123
Licence continues in force until application is decided 124
Renewal of expired licence 124
Provisions relating to renewal of licence 124
Status of licence during review 125
Subdivision 5 — Suspension and cancellation of high risk work licence
Suspension or cancellation of licence 126
Matters taken into account 127
Notice to and submissions by licence holder 128
Notice of decision 128
Immediate suspension 130
Licence holder to return licence document 131
Regulator to return licence document after suspension 131
Division 2 — Accreditation of assessors
Subdivision 1 — Requirement to be accredited
Accreditation required to assess competency for high risk work licence 131
Accredited assessor must act in accordance with accreditation 131
Subdivision 2 — Accreditation process
Regulator may accredit assessors 132
Application for accreditation 132
Additional information 134
Decision on application 134
Matters to be taken into account 136
Refusal to grant accreditation: process 137
Conditions of accreditation 137
Duration of accreditation 138
Accreditation document 138
Accreditation document to be available 139
Subdivision 3 — Amendment of accreditation document
Changes to information 139
Accredited assessor to return accreditation document 140
Replacement accreditation document 140
Voluntary surrender of accreditation 141
Subdivision 4 — Renewal of accreditation
Regulator may renew accreditation 141
Application for renewal 142
Accreditation continues in force until application is decided 142
Provisions relating to application 142
Subdivision 5 — Suspension and cancellation
Regulator may suspend or cancel accreditation 143
Suspension or cancellation of accreditation 143
Matters to be taken into account 144
Notice to and submissions by accredited assessor 145
Notice of decision 145
Immediate suspension 147
Accredited assessor to return accreditation document 147
Regulator to return accreditation document after suspension 148
Subdivision 6 — Agreements with RTOs
Regulator may enter into agreement with RTO 148
141A. RTO to retain records 148
Part 4.6 — Demolition work
Division 2 — Conduct of demolition work
142A. Application of Division 149
142B. Requirement to hold Class 1 demolition licence 149
142C. Requirement to hold demolition licence to carry out Class 2 demolition work 151
142D. Demolition work must be conducted by competent persons 151
142E. Demolition work must be supervised by nominated supervisor 152
142F. Regulator to be notified of proposed Class 1 or 2 demolition work in accordance with standard 152
142G. Application for approval of regulator for proposed Class 1 or 2 demolition work not in accordance with standard 153
142H. Regulator’s functions as to application under r. 142G 153
142I. Class 1 or 2 demolition work not to be done without notification or approval or until conditions set 154
142J. Demolition work other than Class 1 or 2 demolition work to be in accordance with standard 155
142K. Class 1 or 2 demolition work to be in accordance with standard or approval 155
142L. Documents to be kept at demolition workplace 156
142M. Requirements for scaffold used in demolition work 157
Part 4.6A — Licensing of demolition work
Division 1 — Licensing process
142N. Application for demolition licence 158
142O. Nomination of supervisor 160
142P. Regulator may request examination 161
142Q. Additional information 161
142R. Decision on application 161
142S. Matters to be taken into account 163
142T. Refusal to grant licence: process 163
142U. Conditions of licence 164
142V. Duration of licence 165
142W. Licence document 165
142X. Licence document to be available 165
Division 2 — Amendment of licence and licence document
Changes to information 166
143A. Change to nominated supervisor 166
143B. Amendment imposed by regulator 167
143C. Amendment on application by licence holder 169
143D. Minor amendments to licence 170
143E. Regulator to give amended licence to the holder 170
143F. Licence holder to return licence 171
143G. Replacement licence document 171
143H. Voluntary surrender of licence 172
Division 3 — Renewal of licence
143I. Regulator may renew licence 172
143J. Application for renewal 172
143K. Provisions relating to renewal of licence 173
143L. Renewal of demolition licence: regulator to be satisfied about certain matters 174
143M. Status of licence during review 174
Division 4 — Suspension and cancellation of licence
143N. Suspension or cancellation of licence 175
143O. Matters taken into account 177
143P. Notice to and submissions by licence holder 178
143Q. Notice of decision 178
143R. Immediate suspension 179
143S. Licence holder to return licence document 180
143T. Regulator to return licence document after suspension 180
Part 4.7 — General electrical safety in workplaces and energised electrical work
Meaning of electrical equipment 181
Meaning of electrical installation 181
Meaning of electrical work 181
146A. References to electricity distributor in AS/NZS 3012:2010 181
Division 2 — General risk management
Division 3 — Electrical equipment and electrical installations
Electrical equipment and electrical installations to which Division applies 182
Unsafe electrical equipment 182
Inspection and testing of electrical equipment 183
Untested electrical equipment not to be used 184
Division 4 — Electrical work on energised electrical equipment
Electrical work 185
Work in roof spaces 185
Not used 188
Not used 188
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Not used 188
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Not used 188
Not used 188
Not used 188
Division 5 — Electrical equipment and installations and construction work: additional duties
Duty of person conducting business or undertaking 188
Division 6 — Residual current devices
Use of socket outlets in hostile operating environment 189
Testing of residual current devices 190
Division 7 — Overhead and underground electric lines
Duty of person conducting a business or undertaking: underground electric lines 191
166A. Duty of person conducting a business or undertaking: overhead electric lines 192
Division 2 — General diving work: fitness and competence of worker
Person conducting business or undertaking must ensure fitness of workers 193
Certificate of medical fitness 194
Duty to keep certificate of medical fitness 194
Competence of worker: general diving work: qualifications 195
171A. Competence of worker: general diving work: knowledge and skill 196
Competence of worker: incidental diving work 196
Competence of worker: limited scientific diving work 197
Competence of competent person supervising general diving work 197
Evidence of competence: duty of person conducting business or undertaking 198
Division 3 — Managing risks: general diving work
Management of risks to health and safety 199
Appointment of competent person to supervise diving work 199
Additional control: dive plan 200
Dive plan must be complied with 200
Additional control: dive safety log to be kept 201
Use of dive safety log 202
Record keeping 204
Division 4 — High risk diving work
Duties of person conducting business or undertaking 205
Duty of worker: competence 205
Part 4.10 — Driving commercial vehicles
184B. Application of Part 206
184D. Commercial vehicle driver: duties 208
184E. Commercial vehicle driver: hours of work 209
184F. Requirement for driver fatigue management plan 210
184G. Record of commercial vehicle drivers’ time 211
Chapter 5 — Plant and structures
Part 5.1 — General duties for plant and structures
This is an opening excerpt, not the complete document.