WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2011

Division 6 Duties of persons conducting businesses or undertakings that install, construct or commission plant or structures 201 Duties of persons conducting businesses or undertakings that install, construct or commission plant .......................................... 155 202 Duties of persons conducting businesses or undertakings that install, construct or commission structures .................................. 156 Division 7 General duties of a person conducting a business or undertaking involving the Subdivision 1 Management of risks 203 Management of risks to health and safety ................................... 157 204 Control of risks arising from installation or commissioning .......... 157 205 Preventing unauthorised alterations to or interference with plant ............................................................................................. 159 206 Proper use of plant and controls .................................................. 159 207 Plant not in use ............................................................................ 160 208 Guarding ...................................................................................... 160 209 Guarding and insulation from heat and cold ................................ 162 210 Operational controls .................................................................... 163 211 Emergency stops ......................................................................... 164 212 Warning devices .......................................................................... 165 213 Maintenance and inspection of plant ........................................... 165 214 Powered mobile plant – general control of risk ............................ 166 215 Powered mobile plant – specific control measures ...................... 166 216 Roll-over protection on tractors.................................................... 168 218 Industrial lift trucks ....................................................................... 169 219 Plant that lifts or suspends loads ................................................. 170 220 Exception – plant not specifically designed to lift or suspend a person ......................................................................................... 172 221 Plant used in connection with tree lopping................................... 173 222 Industrial robots ........................................................................... 173 223 Lasers .......................................................................................... 174 224 Pressure equipment .................................................................... 176 225 Scaffolds ...................................................................................... 177 226 Plant with presence-sensing safeguarding system – records ...... 179

Work Health and Safety (National Uniform Legislation) Regulations 2011 x Part 5.2 Additional duties relating to registered plant and plant designs 227 Application of Part 5.2 ................................................................. 180 Division 2 Duty of person conducting a business or undertaking who designs plant to record plant 228 Records and information.............................................................. 181 229 Record of standards or engineering principles used.................... 181 230 Records to be available for inspection ......................................... 182 Division 3 Duties of a person conducting a business or 231 Duty of persons conducting businesses or undertakings that manufacture plant ........................................................................ 183 232 Duty of persons conducting businesses or undertakings that import plant .................................................................................. 183 233 Duty of persons conducting businesses or undertakings that supply plant ................................................................................. 183 234 Duty of persons conducting businesses or undertakings that commission plant ......................................................................... 184 Division 4 Duties of a person conducting a business or undertaking involving the management or control of plant 235 Major inspection of registered mobile cranes and tower cranes .. 184 236 Lifts .............................................................................................. 186 237 Records of plant .......................................................................... 187 Subdivision 2 Control measures for amusement devices and passenger ropeways 238 Operation of amusement devices and passenger ropeways ....... 188 239 Storage of amusement devices and passenger ropeways .......... 189 240 Maintenance, inspection and testing of amusement devices and passenger ropeways............................................................. 190 241 Annual inspection of amusement devices and passenger ropeways ..................................................................................... 190 242 Logbook and manuals for amusement devices ........................... 192

Work Health and Safety (National Uniform Legislation) Regulations 2011 xi Part 5.3 Registration of plant designs and items of 243 Plant design to be registered ....................................................... 193 244 Altered plant designs to be registered ......................................... 193 245 Recognition of designs registered by corresponding regulator .... 194 Division 2 Items of plant to be registered 246 Items of plant to be registered ..................................................... 194 247 Recognition of plant registered by corresponding regulator ........ 194 248 Application of Division 3 .............................................................. 194 249 Who can apply to register a plant design ..................................... 195 250 Application for registration ........................................................... 195 251 Design verification statement....................................................... 196 252 Who can be the design verifier .................................................... 196 253 Duty of design verifier .................................................................. 196 254 Design verification statements not to be made in certain circumstances.............................................................................. 197 255 Additional information .................................................................. 197 256 Decision on application ................................................................ 197 257 Refusal of registration – process ................................................. 198 258 Conditions of registration ............................................................. 199 259 Duration of registration of plant design ........................................ 199 260 Plant design registration number ................................................. 200 261 Registration document ................................................................. 201 262 Registration document to be available......................................... 201 263 Disclosure of design information.................................................. 202 264 Application of Division 4 .............................................................. 202 265 Who can apply to register an item of plant................................... 202 266 Application for registration ........................................................... 202 267 When is a person competent to inspect plant .............................. 203 268 Additional information .................................................................. 204 269 Decision on application ................................................................ 204 270 Refusal of registration – process ................................................. 205 271 Conditions of registration ............................................................. 206 272 Duration of registration ................................................................ 206 273 Plant registration number ............................................................ 206 274 Registration document ................................................................. 207 275 Registration document to be available......................................... 208 276 Regulator may renew registration ................................................ 208

Work Health and Safety (National Uniform Legislation) Regulations 2011 xii 277 Application for renewal ................................................................ 208 278 Registration continues in force until application is decided .......... 209 279 Decision on application ................................................................ 209 280 Status of registration during review ............................................. 210 Division 5 Changes to registration and registration documents 281 Application of Division ................................................................. 210 282 Changes to information ............................................................... 211 283 Amendment of registration imposed by regulator ........................ 211 284 Amendment on application by registration holder ........................ 212 285 Minor corrections to registration .................................................. 214 286 Regulator to give amended registration document ...................... 214 287 Registration holder to return registration document ..................... 214 288 Replacement registration document ............................................ 214 288A Application of Division ................................................................. 215 288B Regulator may cancel registration ............................................... 216 288C Cancellation process ................................................................... 216 288D Registration holder to return registration document ..................... 217 289 Meaning of construction work ...................................................... 218 290 Meaning of structure .................................................................... 219 291 Meaning of high risk construction work ........................................ 220 292 Meaning of construction project ................................................... 221 293 Meaning of principal contractor.................................................... 221 Part 6.2 Duties of designer of structure and person who commissions construction work 294 Person who commissions work must consult with designer ........ 222 295 Designer must give safety report to person who commissions design .......................................................................................... 222 296 Person who commissions project must give information to principal contractor ...................................................................... 223 Part 6.3 Duties of person conducting business or 297 Management of risks to health and safety ................................... 224

Work Health and Safety (National Uniform Legislation) Regulations 2011 xiii 298 Security of workplace .................................................................. 224 Division 2 High risk construction work – safe work method statements 299 Safe work method statement required for high risk construction work......................................................................... 225 300 Compliance with safe work method statement ............................ 226 301 Safe work method statement – copy to be given to principal contractor..................................................................................... 226 302 Review of safe work method statement ....................................... 227 303 Safe work method statement must be kept.................................. 227 304 Excavation work – underground essential services information .. 228 305 Management of risks to health and safety associated with excavation work ........................................................................... 230 306 Additional controls – trenches...................................................... 231 307 Application of Part 6.4 ................................................................. 232 308 Specific control measure – signage identifying principal contractor..................................................................................... 232 309 WHS management plan – preparation ........................................ 233 310 WHS management plan – duty to inform ..................................... 234 311 WHS management plan – review ................................................ 234 312 High risk construction work – safe work method statements ....... 235 313 Copy of WHS management plan must be kept ............................ 235 314 Further health and safety duties – specific regulations ................ 237 315 Further health and safety duties – specific risks .......................... 237 Division 1 General construction induction training 316 Duty to provide general construction induction training ............... 238 317 Duty to ensure worker has been trained ...................................... 238 318 Recognition of general construction induction training cards issued in other jurisdictions.......................................................... 239 319 Issue of card ................................................................................ 239 320 Content of card ............................................................................ 240 321 Replacement card ....................................................................... 241 322 Refusal to issue or replace card .................................................. 241

Work Health and Safety (National Uniform Legislation) Regulations 2011 xiv 323 Cancellation of card – grounds .................................................... 242 324 Cancellation of card – process .................................................... 242 326 Duties of workers ......................................................................... 243 327 Alteration of general construction induction training card ............ 243 328 Application of Part 7.1 ................................................................. 245 Division 2 Obligations relating to safety data sheets and other matters 329 Classification of hazardous chemicals ......................................... 247 330 Manufacturer or importer to prepare and provide safety data sheets .......................................................................................... 248 331 Safety data sheets – research chemical, waste product or sample for analysis ...................................................................... 249 332 Emergency disclosure of chemical identities to registered medical practitioner ..................................................................... 249 333 Emergency disclosure of chemical identities to emergency service worker ............................................................................. 250 334 Packing hazardous chemicals ..................................................... 251 335 Labelling hazardous chemicals.................................................... 251 336 Restriction on age of person who can supply hazardous chemicals..................................................................................... 253 337 Retailer or supplier packing hazardous chemicals....................... 253 338 Supplier labelling hazardous chemicals ....................................... 254 339 Supplier to provide safety data sheets......................................... 254 340 Supply of prohibited and restricted carcinogens .......................... 256 Subdivision 3 Obligations of persons conducting businesses or undertakings 341 Labelling hazardous chemicals – general requirement................ 257 342 Labelling hazardous chemicals – containers ............................... 258 343 Labelling hazardous chemicals – pipe work ................................ 260

Work Health and Safety (National Uniform Legislation) Regulations 2011 xv 344 Person conducting business or undertaking to obtain and give access to safety data sheets ....................................................... 261 345 Changes to safety data sheets .................................................... 263 346 Hazardous chemicals register ..................................................... 264 347 Manifest of hazardous chemicals ................................................ 265 348 Regulator must be notified if manifest quantities to be exceeded ..................................................................................... 267 349 Outer warning placards – requirement to display ........................ 269 350 Placard – requirement to display ................................................. 269 Division 5 Control of risk – obligations of persons Subdivision 1 General obligations relating to management of risk 351 Management of risks to health or safety ...................................... 270 352 Review of control measures ........................................................ 271 353 Safety signs ................................................................................. 272 354 Identification of risk of physical or chemical reaction ................... 273 355 Specific control – fire and explosion ............................................ 274 356 Keeping hazardous chemicals stable .......................................... 274 357 Containing and managing spills ................................................... 275 358 Protecting hazardous chemicals from damage ............................ 276 359 Fire protection and fire fighting equipment .................................. 277 360 Emergency equipment ................................................................. 278 361 Emergency plans ......................................................................... 279 362 Safety equipment......................................................................... 279 363 Control of risks from storage or handling systems ....................... 280

Work Health and Safety (National Uniform Legislation) Regulations 2011 xvi 364 Containers for hazardous chemicals used, handled or stored in bulk .......................................................................................... 281 365 Stopping use and disposing of handling systems ........................ 281 366 Stopping use of underground storage and handling systems ...... 282 367 Notification of abandoned tank .................................................... 283 368 Duty to provide health monitoring ................................................ 284 369 Duty to inform of health monitoring .............................................. 285 370 Duty to ensure that appropriate health monitoring is provided..... 285 371 Duty to ensure health monitoring is supervised by registered medical practitioner with experience............................................ 286 372 Duty to pay costs of health monitoring ......................................... 286 373 Information that must be provided to registered medical practitioner ................................................................................... 287 374 Duty to obtain health monitoring report ........................................ 287 375 Duty to give health monitoring report to worker ........................... 288 376 Duty to give health monitoring report to regulator ........................ 289 377 Duty to give health monitoring report to relevant persons conducting businesses or undertakings ....................................... 289 378 Health monitoring records............................................................ 290 Division 7 Induction, information, training and supervision 379 Duty to provide supervision ......................................................... 290 380 Using, handling and storing prohibited carcinogens .................... 291 381 Using, handling and storing restricted carcinogens ..................... 291 382 Using, handling and storing restricted hazardous chemicals ....... 292 383 Application for authorisation to use, handle or store prohibited and restricted carcinogens........................................................... 292 384 Authorisation to use, handle or store prohibited carcinogens and restricted carcinogens........................................................... 293 385 Changes to information in application to be reported .................. 294 386 Regulator may cancel authorisation ............................................ 294 387 Statement of exposure to be given to workers............................. 294 388 Records to be kept ...................................................................... 295 389 Management of risk by pipeline owner ........................................ 296 390 Pipeline builder's duties ............................................................... 297 391 Management of risks to health and safety by pipeline operator ... 298

Work Health and Safety (National Uniform Legislation) Regulations 2011 xvii 392 Meaning of lead process ............................................................. 299 393 Regulator may decide lead process ............................................ 301 394 Meaning of lead risk work ............................................................ 301 394A Meaning of transitional period...................................................... 301 395 Duty to give information about health risks of lead process ......... 302 396 Containment of lead contamination ............................................. 303 397 Cleaning methods........................................................................ 303 398 Prohibition on eating, drinking and smoking ................................ 304 399 Provision of changing and washing facilities................................ 304 400 Laundering, disposal and removal of personal protective equipment .................................................................................... 305 401 Review of control measures ........................................................ 307 402 Identifying lead risk work ............................................................. 308 403 Notification of lead risk work ........................................................ 309 404 Changes to information in notification of lead risk work ............... 310 405 Duty to provide health monitoring before first commencing lead risk work............................................................................... 311 406 Duty to ensure that appropriate health monitoring is provided..... 312 407 Frequency of biological monitoring .............................................. 312 408 Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience .............................. 315 409 Duty to pay costs of health monitoring ......................................... 315 410 Information that must be provided to registered medical practitioner ................................................................................... 316 411 Duty to obtain health monitoring report ........................................ 317 412 Duty to give health monitoring report to worker ........................... 318 413 Duty to give health monitoring report to regulator ........................ 318 414 Duty to give health monitoring report to relevant persons conducting businesses or undertakings ....................................... 319 415 Removal of worker from lead risk work ........................................ 319 416 Duty to ensure medical examination if worker removed from lead risk work............................................................................... 320 417 Return to lead risk work after removal ......................................... 321 418 Health monitoring records............................................................ 322

Work Health and Safety (National Uniform Legislation) Regulations 2011 xviii 419 Work involving asbestos or ACM – prohibitions and exceptions.. 324 420 Exposure to airborne asbestos at workplace ............................... 325 Part 8.3 Management of asbestos and associated risks 421 Application of Part 8.3 ................................................................. 326 422 Asbestos to be identified or assumed at workplace ..................... 326 423 Analysis of sample....................................................................... 327 424 Presence and location of asbestos to be indicated...................... 328 425 Asbestos register ......................................................................... 328 426 Review of asbestos register......................................................... 329 427 Access to asbestos register ......................................................... 330 428 Transfer of asbestos register by person relinquishing management or control ................................................................ 331 429 Asbestos management plan ........................................................ 331 430 Review of asbestos management plan ........................................ 333 Part 8.4 Management of naturally occurring asbestos 431 Naturally occurring asbestos ....................................................... 334 432 Asbestos management plan ........................................................ 334 433 Review of asbestos management plan ........................................ 336 434 Training in relation to naturally occurring asbestos...................... 336 435 Duty to provide health monitoring ................................................ 337 436 Duty to ensure that appropriate health monitoring is provided..... 338 437 Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience .............................. 338 438 Duty to pay costs of health monitoring ......................................... 339 439 Information that must be provided to registered medical practitioner ................................................................................... 340 440 Duty to obtain health monitoring report ........................................ 340 441 Duty to give health monitoring report to worker ........................... 341 442 Duty to give health monitoring report to regulator ........................ 342

Work Health and Safety (National Uniform Legislation) Regulations 2011 xix 443 Duty to give health monitoring report to relevant persons conducting businesses or undertakings ....................................... 342 444 Health monitoring records............................................................ 343 445 Duty to train workers about asbestos .......................................... 344 446 Duty to limit use of equipment ..................................................... 345 447 Application of Part 8.6 ................................................................. 346 448 Review of asbestos register......................................................... 346 449 Duty to give asbestos register to person conducting business or undertaking of demolition or refurbishment ............................. 347 450 Duty to obtain asbestos register .................................................. 347 451 Determining presence of asbestos or ACM ................................. 347 452 Identification and removal of asbestos before demolition ............ 349 453 Identification and removal of asbestos before demolition of residential premises ..................................................................... 350 454 Emergency procedure ................................................................. 350 455 Emergency procedure – residential premises.............................. 351 456 Identification and removal of asbestos before refurbishment....... 352 457 Refurbishment of residential premises ........................................ 353 458 Duty to ensure asbestos removalist is licensed ........................... 353 459 Asbestos removal supervisor must be present or readily available ...................................................................................... 354 460 Asbestos removal worker must be trained ................................... 355 461 Licensed asbestos removalist must keep training records .......... 356 462 Duty to give information about health risks of licensed asbestos removal work ................................................................ 356 463 Asbestos removalist must obtain register .................................... 357 464 Asbestos removal control plan..................................................... 357 465 Asbestos removal control plan to be kept and available .............. 358 466 Regulator must be notified of asbestos removal .......................... 359 467 Licensed asbestos removalist must inform certain persons about intended asbestos removal work ....................................... 361 468 Person with management or control of workplace must inform persons about asbestos removal work ........................................ 362 469 Signage and barricades for asbestos removal work .................... 363 470 Limiting access to asbestos removal area ................................... 364 471 Decontamination facilities ............................................................ 365

Work Health and Safety (National Uniform Legislation) Regulations 2011 xx 472 Disposing of asbestos waste and contaminated personal protective equipment ................................................................... 366 473 Clearance inspection ................................................................... 368 474 Clearance certificates .................................................................. 368 Part 8.8 Asbestos removal requiring Class A asbestos removal licence 475 Air monitoring – asbestos removal requiring Class A asbestos removal licence............................................................................ 370 476 Action if respirable asbestos fibre level too high .......................... 372 477 Removing friable asbestos .......................................................... 373 478 Application of Part 8.9 ................................................................. 375 479 Uncertainty as to presence of asbestos....................................... 376 480 Duty to give information about health risks of asbestos-related work ............................................................................................. 376 481 Asbestos-related work to be in separate area ............................. 377 482 Air monitoring .............................................................................. 377 483 Decontamination facilities ............................................................ 378 484 Disposing of asbestos waste and contaminated personal protective equipment ................................................................... 379 Part 8.10 Licensing of asbestos removalists and asbestos assessors Division 1 Asbestos removalists – requirement to be licensed 485 Requirement to hold Class A asbestos removal licence .............. 381 486 Exception to requirement to hold Class A asbestos removal licence ......................................................................................... 382 487 Requirement to hold Class B asbestos removal licence .............. 382 488 Recognition of asbestos removal licences in other jurisdictions .. 383 Division 2 Asbestos assessors – requirement to be licensed 489 Requirement to hold asbestos assessor licence.......................... 383 490 Recognition of asbestos assessor licences in other jurisdictions .................................................................................. 383 491 Who may apply for a licence........................................................ 384 492 Application for asbestos removal licence or asbestos assessor licence ......................................................................................... 384

Work Health and Safety (National Uniform Legislation) Regulations 2011 xxi 493 Content of application – Class A asbestos removal licence ........ 386 494 Content of application – Class B asbestos removal licence ........ 386 495 Content of application – asbestos assessor licence .................... 387 496 Additional information .................................................................. 387 497 Decision on application ................................................................ 388 498 Class A asbestos removal licence – regulator to be satisfied about additional matters .............................................................. 389 499 Class B asbestos removal licence – regulator to be satisfied about additional matters .............................................................. 389 500 Matters to be taken into account.................................................. 390 501 Refusal to grant licence – process............................................... 391 502 Conditions of licence ................................................................... 391 503 Duration of licence ....................................................................... 392 504 Licence document ....................................................................... 392 505 Licence document to be available ............................................... 392 506 Changes to information ............................................................... 393 507 Change to nominated supervisor ................................................. 393 508 Amendment imposed by regulator ............................................... 394 509 Amendment on application by licence holder .............................. 395 510 Minor corrections to licence ......................................................... 396 511 Regulator to give amended licence to the holder......................... 396 512 Licence holder to return licence ................................................... 397 513 Replacement licence document................................................... 397 514 Voluntary surrender of licence ..................................................... 398 515 Regulator may renew licence ...................................................... 398 516 Application for renewal ................................................................ 398 517 Provisions relating to renewal of licence ...................................... 399 518 Renewal of asbestos removal licence – regulator to be satisfied about certain matters ..................................................... 400 519 Status of licence during review .................................................... 400 520 Suspension or cancellation of licence .......................................... 401 521 Matters taken into account........................................................... 402 522 Notice to and submissions by licence holder ............................... 403 523 Notice of decision ........................................................................ 403 524 Immediate suspension ................................................................. 404 525 Licence holder to return licence document .................................. 405 526 Regulator to return licence document after suspension............... 405

Work Health and Safety (National Uniform Legislation) Regulations 2011 xxii 527 Asbestos removal licence register ............................................... 405 528 Asbestos assessors register ........................................................ 405 529 Work must be supervised by named supervisor .......................... 406 Chapter 8A Crystalline silica Part 8A.1 Preliminary matters 529A Definitions .................................................................................... 406 529B When processing of CSS is controlled ........................................ 407 529C Duty for processing of CSS to be controlled ................................ 409 529CA Identifying processing of CSS that is high risk ............................. 409 529CB Silica risk control plan required for processing of CSS that is high risk ....................................................................................... 410 529CC Compliance with silica risk control plan ....................................... 411 529CD Duty to train workers about risks of crystalline silica .................... 413 529CE Monitoring in relation to processing of CSS that is high risk ........ 414 Part 8A.2 Work involving engineered stone benchtops, panels or slabs 529D Work involving engineered stone benchtops, panels or slabs – prohibited ..................................................................................... 415 529E Work involving engineered stone benchtops, panels or slabs – exception for particular supply and installation ............................ 415 529F Work involving engineered stone benchtops, panels or slabs – exception for particular processing .............................................. 416 Part 8A.3 Regulator to be notified of particular processing of engineered stone 529G Notification of particular processing of engineered stone ............ 416 529H Notification of change in information given under this Part .......... 417 529J Notification that work continues 12 months after last notice given under this Part .................................................................... 418 529K Duty to keep notice given under this Part .................................... 419 530 This Chapter does not apply to certain facilities .......................... 420 531 Meaning of major incident............................................................ 420 532 Meaning of hazardous chemicals that are present or likely to be present.................................................................................... 420 533 Meaning of operator of a facility or proposed facility.................... 421

Work Health and Safety (National Uniform Legislation) Regulations 2011 xxiii 534 Meaning of modification of a facility ............................................. 422 535 A major hazard facility must be licensed ..................................... 423 Part 9.2 Determinations about major hazard 536 Operators of certain facilities must notify regulator ...................... 425 537 Notification – proposed facilities .................................................. 425 538 Content of notification .................................................................. 426 539 When regulator may conduct inquiry ........................................... 427 540 Inquiry procedure......................................................................... 428 541 Determination in relation to facility, on inquiry ............................. 428 542 Determination in relation to over-threshold facility ....................... 429 543 Suitability of facility operator ........................................................ 429 544 Conditions on determination of major hazard facility ................... 430 545 Notice and effect of determinations ............................................. 431 546 When regulator may revoke a determination ............................... 431 547 Re-notification if quantity of Schedule 15 chemicals increases ... 431 548 Notification by new operator ........................................................ 432 549 Time in which major hazard facility licence must be applied for .. 433 Part 9.3 Duties of operators of determined major hazard facilities 550 Application of Part 9.3 ................................................................. 433 551 Safety case outline must be provided .......................................... 434 552 Content ........................................................................................ 434 553 Alteration ..................................................................................... 435 554 Identification of major incidents and major incident hazards ....... 436 555 Safety assessment ...................................................................... 437 556 Control of risk .............................................................................. 439 557 Emergency plan........................................................................... 439 558 Safety management system ........................................................ 442 559 Review of risk management ........................................................ 443 560 Safety case must be provided ..................................................... 444

Work Health and Safety (National Uniform Legislation) Regulations 2011 xxiv 561 Content ........................................................................................ 444 562 Coordination for multiple facilities ................................................ 446 563 Review ......................................................................................... 446 Part 9.4 Licensed major hazard facilities – risk management 564 Identification of major incidents and major incident hazards ....... 447 565 Safety assessment ...................................................................... 448 566 Control of risk .............................................................................. 448 567 Emergency plan........................................................................... 449 568 Safety management system ........................................................ 450 569 Review of risk management ........................................................ 451 570 Safety case – review ................................................................... 452 571 Information for visitors ................................................................. 453 572 Information for local community – general ................................... 453 573 Information for local community – major incident......................... 454 574 Safety role for workers ................................................................. 455 575 Operator of major hazard facility must consult with workers ........ 456 Part 9.6 Duties of workers at licensed major hazard 576 Duties .......................................................................................... 457 577 Who may apply for a licence........................................................ 458 578 Application for major hazard facility licence ................................. 458 579 Additional information .................................................................. 460 580 Decision on application ................................................................ 460 581 Matters to be taken into account.................................................. 461 582 When decision is to be made....................................................... 462 583 Refusal to grant major hazard facility licence – process .............. 462 584 Conditions of licence ................................................................... 463 585 Duration of licence ....................................................................... 463 586 Licence document ....................................................................... 463 587 Licence document to be available ............................................... 464 588 Changes to information ............................................................... 464 589 Amendment imposed by regulator ............................................... 465 590 Amendment on application by operator ....................................... 466

Work Health and Safety (National Uniform Legislation) Regulations 2011 xxv 591 Minor corrections to major hazard facility licence ........................ 467 592 Regulator to give amended licence document to operator .......... 467 593 Operator to return licence ............................................................ 468 594 Replacement licence document................................................... 468 595 Regulator may renew licence ...................................................... 469 596 Application for renewal ................................................................ 469 597 Licence continues in force until application is decided ................ 469 598 Provisions relating to renewal of licence ...................................... 470 599 Status of major hazard facility licence during review ................... 470 600 Transfer of major hazard facility licence ...................................... 470 Division 5 Suspension and cancellation of major hazard facility licence 601 Cancellation of major hazard facility licence – on operator's application ................................................................................... 471 602 Suspension or cancellation of licence – on regulator's initiative .. 472 603 Matters to be taken into account.................................................. 472 604 Notice to and submissions by operator........................................ 473 605 Notice of decision ........................................................................ 474 606 Immediate suspension ................................................................. 475 607 Operator to return licence document .......................................... 475 608 Regulator to return licence document after suspension............... 476 609 Definitions .................................................................................... 477 610 Meaning of mine operator ............................................................ 478 Part 10.2 Mine operator's duty of care 611 Mine operator's duty of care ........................................................ 479 612 Requirement for risk management plan ....................................... 479 613 Content of risk management plan ................................................ 479 614 Certification of risk management plan ......................................... 481 615 Review of risk management plan................................................. 482

Work Health and Safety (National Uniform Legislation) Regulations 2011 xxvi 616 Health monitoring program .......................................................... 482 617 Duty to provide health monitoring for workers and former workers ........................................................................................ 483 618 Duty to offer health monitoring to former worker.......................... 484 619 How health monitoring to be provided ......................................... 484 620 Duty to provide training ................................................................ 486 621 Duty to keep records ................................................................... 486 Part 11.1 Review of decisions under these Regulations 676 Which decisions under these Regulations are reviewable ........... 487 677 Application ................................................................................... 494 678 Application for internal review ...................................................... 495 679 Internal reviewer .......................................................................... 495 680 Decision of internal reviewer........................................................ 495 681 Decision on internal review .......................................................... 496 682 Internal review – reviewable decision continues .......................... 496 683 Application for external review ..................................................... 496 684 General power to grant exemptions............................................. 497 685 Matters to be considered in granting exemptions ........................ 497 Division 2 High risk work licences 686 High risk work licence – exemption ............................................. 498 687 High risk work licence – regulator to be satisfied about certain matters......................................................................................... 498 688 Major hazard facility – exemption ................................................ 498

Work Health and Safety (National Uniform Legislation) Regulations 2011 xxvii 689 Major hazard facility – regulator to be satisfied about certain matters......................................................................................... 499 689A Engineered stone – exemption .................................................... 500 689B Engineered stone – application for exemption ............................. 500 689C Engineered stone – notifying persons of application for exemption .................................................................................... 501 689D Engineered stone – regulator to be satisfied about certain matters......................................................................................... 502 689E Safe Work Australia may issue and publish document in relation to exemptions ................................................................. 502 690 Application for exemption ............................................................ 502 691 Conditions of exemption .............................................................. 503 692 Form of exemption document ...................................................... 503 693 Compliance with conditions of exemption .................................... 504 694 Notice of decision in relation to exemption .................................. 504 695 Publication of exemption.............................................................. 504 696 Notice of refusal of exemption ..................................................... 504 697 Amendment or cancellation of exemption .................................... 505 698 Notice of amendment or cancellation .......................................... 505 699 Incident notification – prescribed serious illnesses ...................... 506 700 Inspectors' identity cards ............................................................. 507 701 Review of decisions under the Act – stay of decision .................. 507 702 Confidentiality of information – exception relating administration or enforcement of other laws ................................ 507 703 Definitions .................................................................................... 507 704 Infringement notice offence and prescribed amount payable ...... 507 705 When infringement notice may be given ...................................... 508 706 Contents of infringement notice ................................................... 508 707 Payment by cheque ..................................................................... 509 708 Withdrawal of infringement notice................................................ 509 709 Application of Part 11.3 ............................................................... 509

Work Health and Safety (National Uniform Legislation) Regulations 2011 xxviii

Chapter 12 Transitional provisions for Work Health and Safety (National Uniform Legislation) Act 2011 710 Definitions .................................................................................... 510 711 Interpretation Act 1978 not affected............................................. 511 712 Duty to provide first aid ................................................................ 511 713 Duty to prepare, maintain and implement emergency plans ........ 511 714 Remote or isolated work .............................................................. 511 715 Flammable or combustible materials not to be accumulated ....... 511 716 Falling objects.............................................................................. 511 717 Noise – audiometric testing ......................................................... 512 718 Confined space entry permits ...................................................... 512 719 Confined spaces – signage ......................................................... 512 720 Confined spaces – communications, safety monitoring and emergency procedures ................................................................ 512 721 Falls – management of risk.......................................................... 512 722 Falls – specific requirements to minimise risk.............................. 512 723 Falls – emergency and rescue procedures .................................. 513 724 Demolition work – notice of work ................................................. 513 725 Electrical equipment – inspection and testing .............................. 513 726 Electrical work on energised electrical equipment ....................... 513 727 Residual current devices – use of socket outlets in hostile operating environments ............................................................... 513 728 Residual current devices – testing ............................................... 513 729 Overhead and underground electric lines .................................... 514 730 Duties of designers ...................................................................... 514 731 Duties of manufacturers .............................................................. 514 732 Duties of importers ...................................................................... 515 733 Duties of suppliers ....................................................................... 515 734 Duties of persons installing, constructing or commissioning plant or structures ........................................................................ 516 735 References to upstream duty provisions ..................................... 516

Work Health and Safety (National Uniform Legislation) Regulations 2011 xxix Part 12.5 High risk work – licensing and accreditation 736 Definitions .................................................................................... 517 737 Continuation of licences for high risk work .................................. 517 738 Continuation of non-slewing mobile crane licences ..................... 519 738A Former Intermediate Boiler Operation licence ............................. 520 739 Licences for high risk work in classes with changed competency requirements ........................................................... 520 740 Conditions on converted licences ................................................ 521 741 Non-renewal of certain converted licences .................................. 521 742 Existing licences suspended........................................................ 521 743 Unfinished applications for licences............................................. 521 744 Applications for issue of reach stacker licences before 1 July 2015 .................................................................................. 521 745 Applications for issue of other licences with new competency requirements before 1 July 2015 ................................................. 522 746 Registered assessors become accredited assessors .................. 523 747 Unfinished applications for registration ........................................ 523 748 Interpretation ............................................................................... 524 749 Medical certificates ...................................................................... 524 750 Competence of workers – general diving work ............................ 524 751 Competence of persons supervising general diving work ............ 525 752 Management of risks to health and safety ................................... 525 753 Appointment of competent persons to supervise diving work ...... 525 754 Dive plans .................................................................................... 525 755 Dive safety logs ........................................................................... 525 756 Record keeping ........................................................................... 526 757 High risk diving work – person conducting business or undertaking .................................................................................. 526 758 High risk diving work – competence of diver................................ 526 759 Guarding ...................................................................................... 526 760 Operational controls, emergency stops and warning devices ...... 526 761 Protective structures .................................................................... 526 762 Scaffolds ...................................................................................... 527 763 Major inspection of registered mobile cranes and tower cranes .. 527

Work Health and Safety (National Uniform Legislation) Regulations 2011 xxx 764 Operation of amusement devices ................................................ 527 765 Competent person for inspection of amusement devices ............ 527 766 Annual inspection of amusement devices ................................... 527 767 Logbook and manuals for amusement devices ........................... 528 Division 2 Registration of plant designs and items of 768 Continuation of registration of designs ........................................ 528 769 Conditions continued ................................................................... 528 770 Unfinished applications for registration ........................................ 528 771 Old verification procedures may be used for 2 years................... 529 772 Registration of designs for new classes of plant .......................... 529 773 Definition...................................................................................... 529 774 Continuation of registration of certificated items of plant ............. 530 775 Conditions continued ................................................................... 530 776 Duration of converted registrations .............................................. 531 777 Unfinished applications for registration ........................................ 531 778 Registration of items of plant in new classes ............................... 531 779 Competent person for plant inspections ...................................... 531 Division 1 Duties relating to construction work 780 Trenches...................................................................................... 532 781 Principal contractor – management plans ................................... 532 782 Definitions .................................................................................... 532 783 Continuation of existing cards...................................................... 532 784 Unfinished applications for registration ........................................ 533 786 Introductory period for GHS ......................................................... 533 787 Abandoned tanks......................................................................... 533 788 Reports of health monitoring to regulator .................................... 533 789 Pipeline builder's duties ............................................................... 534 790 Management of risks – existing pipelines .................................... 534 791 Lead risk work ............................................................................. 534

Work Health and Safety (National Uniform Legislation) Regulations 2011 xxxi 792 Definitions .................................................................................... 534 793 New manifest requirements for existing workplace...................... 535 794 Existing DG licence holders ......................................................... 535 795 Existing manifests and notifications under NOHSC:1015 ............ 535 796 Significant change of chemicals .................................................. 536 797 Asbestos registers and management plans ................................. 536 798 Naturally occurring asbestos ....................................................... 536 799 Training........................................................................................ 537 800 Demolition and refurbishment ...................................................... 537 801 Nominated supervisors ................................................................ 537 802 VET training for workers .............................................................. 537 803 Asbestos removal control plans ................................................... 538 804 Information and access ............................................................... 538 805 Decontamination and disposal of waste ...................................... 538 806 Clearance certificates .................................................................. 538 807 Air-monitoring – class A asbestos removal work ......................... 539 808 Independence of air monitoring ................................................... 539 809 Asbestos-related work ................................................................. 539 810 Licence holder duties imposed on person conducting business or undertaking.............................................................................. 539 811 Definitions .................................................................................... 540 812 Continuation of Asbestos Removal licences ................................ 540 813 Conditions on converted licences ................................................ 541 814 Non-renewal of converted licences.............................................. 541 815 Existing licences suspended........................................................ 541 816 Unfinished applications for Asbestos Removal licences .............. 541 817 Applications for issue of licences before 1 January 2015 ............ 541 818 Requirement to be licensed and related obligations .................... 542 819 Definitions .................................................................................... 542 820 Notifications continued ................................................................ 543 821 Classifications continued as determinations ................................ 543 822 Accepted safety reports continued as safety cases etc. .............. 544 823 Determined facilities without accepted safety reports .................. 545 824 Continuation of licence for facility with accepted safety report..... 545 825 Application for renewal of DG licence made but not determined................................................................................... 546

Work Health and Safety (National Uniform Legislation) Regulations 2011 xxxii 826 Renewal fees for converted major hazard facility licences .......... 546 827 Keeping of documents ................................................................. 547 828 Things done for purposes of continued provisions ...................... 547 829 Recognition of interstate things ................................................... 548 Chapter 13 Transitional provisions for Work Health and Safety (National Uniform Legislation) Amendment Regulations 2012 830 Definitions .................................................................................... 549 831 Application of Chapter 12 to mining operations ........................... 549 832 Continuation of existing risk management plans ......................... 550 833 Mine operator .............................................................................. 550 Chapter 14 Transitional matters for Work Health and Amendment Regulations 2016 834 Application of Chapter 6 to construction projects......................... 551 Chapter 15 Transitional matters for Work Health and Amendment (Engineered Stone) 835 Particular work involving engineered stone – exception if carried out under pre-2024 contract ............................................ 551 836 Application of Part 8A.3 to processing of engineered stone carried out before 1 July 2024 ..................................................... 552 Schedule 3 High risk work licences and classes of high risk work Schedule 4 High risk work licences – competency

Work Health and Safety (National Uniform Legislation) Regulations 2011 xxxiii Schedule 8 Disclosure of ingredients in safety data sheet Schedule 9 Classification, packaging and labelling Schedule 10 Prohibited carcinogens, restricted carcinogens and restricted hazardous Schedule 15 Hazardous chemicals at major hazard facilities (and their threshold quantity) Schedule 16 Matters to be included in emergency plan for major hazard facility Schedule 17 Additional matters to be included in safety management system of major hazard facility

Schedule 18 Additional matters to be included in safety case for a major hazard facility

Schedule 19 Infringement notice offences and prescribed amounts

As in force at 1 September 2024

WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2011 Regulations under the Work Health and Safety (National Uniform

1 Citation These Regulations may be cited as the Work Health and Safety (National Uniform Legislation) Regulations 2011.

2 Commencement These Regulations commence on 1 January 2012.

3 Authorising provisions Note for regulation 3 Regulation 3 appears in some corresponding WHS laws but is not required in the

4 Repeal Note for regulation 4 Regulation 4 appears in some corresponding WHS laws but is not required in the

5 Definitions (1) In these Regulations: abrasive blasting means propelling a stream of abrasive material at high speed against a surface using compressed air, liquid, steam, centrifugal wheels or paddles to clean, abrade, etch or otherwise change the original appearance or condition of the surface.

Work Health and Safety (National Uniform Legislation) Regulations 2011 2 accredited assessor means: (a) a person who is accredited under Part 4.5 to conduct assessments; or (b) the regulator. ADG Code, see regulation 5A. administrative control means a method of work, a process or a procedure designed to minimise risk, but does not include: (a) an engineering control; or (b) the use of personal protective equipment. Agvet Code, in Part 7.1, means the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 (Cth). airborne contaminant means a contaminant in the form of a fume, mist, gas, vapour or dust, and includes micro-organisms. amusement device means plant operated for hire or reward that provides entertainment, sightseeing or amusement through movement of the equipment, or part of the equipment, or when passengers or other users travel or move on, around or along the equipment, but does not include: (a) a miniature train and railway system owned and operated by a model railway society, club or association; or (b) a ride or device that is used as a form of transport and that is, in relation to its use for that purpose, regulated under another Act or an Act of the Commonwealth; or (c) a boat or flotation device: (i) that is solely propelled by a person who is in or on the boat or device; and (ii) that is not attached to any mechanical elements or equipment outside the boat or device, and that does not rely on any artificial flow of water to move; or (d) any plant specifically designed for a sporting, professional stunt, theatrical or acrobatic purpose or activity; or

Work Health and Safety (National Uniform Legislation) Regulations 2011 3 (e) a coin-operated or token-operated device that: (i) is intended to be ridden, at the one time, by not more than 4 children who must be below the age of 10 years; and (ii) is usually located in a shopping centre or similar public location; and (iii) does not necessarily have an operator. article means a manufactured item, other than a fluid or particle, (a) is formed into a particular shape or design during manufacture; and (b) has hazard properties and a function that are wholly or partly dependent on the shape or design. asbestos means the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock forming minerals including the following: (a) actinolite asbestos; (b) grunerite (or amosite) asbestos (brown); (c) anthophyllite asbestos; (d) chrysotile asbestos (white); (e) crocidolite asbestos (blue); (f) tremolite asbestos; (g) a mixture that contains 1 or more of the minerals referred to in paragraphs (a) to (f). asbestos containing material (ACM) means any material or thing that, as part of its design, contains asbestos. asbestos-contaminated dust or debris (ACD) means dust or debris that has settled within a workplace and is, or is assumed to be, contaminated with asbestos. asbestos management plan, see regulation 429 or 432. asbestos register, see regulation 425.

Work Health and Safety (National Uniform Legislation) Regulations 2011 4 asbestos-related work means work involving asbestos (other than asbestos removal work to which Part 8.7 applies) that is permitted under the exceptions set out in regulation 419(3), (4) and (5). asbestos removal licence means a Class A asbestos removal licence or a Class B asbestos removal licence. asbestos removal work means: (a) work involving the removal of asbestos or ACM; or (b) in Part 8.10, Class A asbestos removal work or Class B asbestos removalist means a person conducting a business or undertaking who carries out asbestos removal work. asbestos waste means asbestos or ACM removed and disposable items used during asbestos removal work including plastic sheeting and disposable tools. biological monitoring means: (a) the measurement and evaluation of a substance, or its metabolites, in the body tissue, fluids or exhaled air of a person exposed to the substance; or (b) blood lead level monitoring. blood lead level means the concentration of lead in whole blood expressed in micromoles per litre (μmol/L) or micrograms per decilitre (μg/dL). blood lead level monitoring means the testing of the venous or capillary blood of a person by a laboratory accredited by NATA, under the supervision of a registered medical practitioner, to determine the blood lead level. boiler means: (a) a vessel, or an arrangement of vessels and interconnecting parts, in which steam or vapour is generated or in which water or other liquid is heated at a pressure above that of the atmosphere by the application of fire, the products of combustion, electrical power or similar high temperature means; and

Work Health and Safety (National Uniform Legislation) Regulations 2011 5 (b) the superheaters, reheaters, economisers, boiler piping, supports, mountings, valves, gauges, fittings, controls, boiler setting and other equipment directly associated with those vessels; but does not include: (c) except in Schedules 3 and 4, a fully flooded or pressurised system where water or another liquid is heated to a temperature lower than the normal atmospheric boiling temperature of the liquid; or (d) for the purposes of Parts 5.2 and 5.3 and in Schedules 3 and 4, a boiler designed or manufactured to the following codes: (i) AMBSC Part 1 – Australian Miniature Boiler Safety Committee Code for Copper Boilers; (ii) AMBSC Part 2 – Australian Miniature Boiler Safety Committee Code for Steel Boilers; (iii) AMBSC Part 3 – Australian Miniature Boiler Safety Committee Code for Sub-miniature Boilers; (iv) AMBSC Part 4 – Australian Miniature Boiler Safety Committee Code for Duplex Steel Boilers; or (e) in Schedules 3 and 4: (i) a direct fired process heater; or (ii) boilers with less than 5 m 2 heating surface or 150 kW output; or (iii) unattended boilers certified in compliance with AS 2593:2021 (Boilers – Safety management and supervision systems). boom-type elevating work platform means a telescoping device, hinged device, or articulated device, or any combination of these, used to support a platform on which personnel, equipment and materials may be elevated. bridge crane means a crane that: (a) consists of a bridge beam or beams, that are mounted to end carriages at each end; and (b) is capable of travelling along elevated runways; and

Work Health and Safety (National Uniform Legislation) Regulations 2011 6 (c) has 1 or more hoisting mechanisms arranged to traverse across the bridge. building maintenance equipment means a suspended platform and associated equipment, including a building maintenance unit or a swing stage, that incorporates permanently installed overhead supports to provide access to the faces of a building for maintenance, but does not include a suspended scaffold. building maintenance unit means a power operated suspended platform and associated equipment on a building specifically designed to provide permanent access to the faces of the building for maintenance. bulk, in relation to a hazardous chemical, means any quantity of a hazardous chemical that is: (a) in a container with a capacity exceeding 500 L or net mass of more than 500 kg; or (b) if the hazardous chemical is a solid – an undivided quantity exceeding 500 kg. capacity, of a container (in Chapter 7), means the internal volume of the container at a temperature of 15°C expressed in litres. card holder means the person to whom a general construction induction training card is issued. certificate of medical fitness means a certificate of medical fitness that complies with regulation 169. certification, in relation to a specified VET course, means: (a) a statement of attainment issued by an RTO stating that the person to whom it is issued has successfully completed the specified VET course; or (b) in the case of high risk work – a notice of satisfactory assessment stating that the person to whom it is issued has successfully completed the specified VET course; or (c) an equivalent statement or notice issued by a corresponding RTO. certified safety management system, for Chapter 8, means a safety management system that complies with AS 4801:2001 (Occupational health and safety management systems), or an equivalent system determined by the regulator.

Work Health and Safety (National Uniform Legislation) Regulations 2011 7 chemical identity means a name, in accordance with the nomenclature systems of the International Union of Pure and Applied Chemistry or the Chemical Abstracts Service, or a technical name, that gives a chemical a unique identity. class means: (a) in relation to high risk work – a class of work specified in Schedule 3; (b) in relation to asbestos removal work – Class A asbestos removal work or Class B asbestos removal work. Class A asbestos removal licence means a licence that authorises the carrying out of Class A asbestos removal work and Class B asbestos removal work by or on behalf of the licence Class A asbestos removal work means work that is required to be licensed under regulation 485. Class B asbestos removal licence means a licence that authorises the carrying out of Class B asbestos removal work by or on behalf of the licence holder. Class B asbestos removal work means work that is required to be licensed under regulation 487, but does not include Class A class label means a pictogram described in the ADG Code for a class, or division of a class, of dangerous goods. clearance certificate, see regulation 474. clearance inspection, see regulation 473. combustible dust means finely divided solid particles (including dust, fibres or flyings) that are: (a) suspended in air or settle out of the atmosphere under their own weight; and (b) able to burn or glow in air; and (c) able to form an explosive mixture with air at atmospheric pressure and normal temperature. combustible liquid means a flammable liquid with a flash point greater than 60ºC but not more than 93ºC.

Work Health and Safety (National Uniform Legislation) Regulations 2011 8 combustible substance means a substance that is combustible, and includes dust, fibres, fumes, mists or vapours produced by the substance. Examples for definition combustible substances Wood, paper, oil, iron filings. competency assessment, for Part 4.5, means an assessment in relation to the completion of a specified VET course to carry out a class of high risk work. competent person means: (b) for general diving work – see regulations 174 and 177; (c) for a major inspection of a mobile crane or a tower crane under regulation 235 – see regulation 235; (d) for inspection of amusement devices and passenger ropeways under regulation 241 – see regulation 241; (e) for design verification under regulation 252 – a person who has the skills, qualifications, competence and experience to design the plant or verify the design; (f) for a clearance inspection under regulation 473 – a person who has acquired through training or experience the knowledge and skills of relevant asbestos removal industry practice and holds: (i) a certification in relation to the specified VET course for asbestos assessor work; or (ii) a tertiary qualification in occupational health and safety, occupational hygiene, science, building, construction or environmental health; (g) for any other case – a person who has acquired through training, qualification or experience the knowledge and skills to carry out the task. concrete placing boom means plant incorporating an articulating boom, capable of power operated slewing and luffing to place concrete by way of pumping through a pipeline attached to, or forming part of, the boom of the plant.

Work Health and Safety (National Uniform Legislation) Regulations 2011 9 confined space means an enclosed or partially enclosed space (a) is not designed or intended primarily to be occupied by a (b) is, or is designed or intended to be, at normal atmospheric pressure while any person is in the space; and (c) is or is likely to be a risk to health and safety from: (i) an atmosphere that does not have a safe oxygen level; or (ii) contaminants, including airborne gases, vapours and dusts, that may cause injury from fire or explosion; or (iii) harmful concentrations of any airborne contaminants; or (iv) engulfment; but does not include a mine shaft or the workings of a mine. confined space entry permit means a confined space entry permit issued under regulation 67. construction project, see regulation 292. construction work, see regulation 289. consumer product means a thing that: (a) is packed or repacked primarily for use by a household consumer or for use in an office; and (b) if the thing is packed or repacked primarily for use by a household consumer – is packed in the way and quantity in which it is intended to be used by a household consumer; and (c) if the thing is packed or repacked primarily for use in an office – is packed in the way and quantity in which it is intended to be used for office work. container, in relation to a hazardous chemical, means anything in or by which a hazardous chemical is, or has been, wholly or partly covered, enclosed or packed, including anything necessary for the container to perform its function as a container. contaminant means any substance that may be harmful to health or safety.

Work Health and Safety (National Uniform Legislation) Regulations 2011 10 controlled, in relation to the processing of a CSS, see regulation 529B. control measure, in relation to a risk to health and safety, means a measure to eliminate or minimise the risk. conveyor means equipment or apparatus operated by power other than manual power and by which loads are raised, lowered or transported or capable of being raised, lowered, transported, or continuously driven, by: (a) an endless belt, rope or chain or other similar means; or (b) buckets, trays or other containers or fittings moved by an endless belt, rope, chain or similar means; or (c) a rotating screw; or (d) a vibration or walking beam; or (e) a powered roller conveyor if the rollers are driven by an endless belt, rope or chain or other similar means; and includes the superstructure, gear and auxiliary equipment used in connection with that equipment or apparatus. correct classification means the set of hazard classes and hazard categories assigned to a hazardous chemical when it is correctly classified. Note for definition correct classification Schedule 9, Part 1 sets out when a hazardous chemical is correctly classified. crane means an appliance intended for raising or lowering a load and moving it horizontally including the supporting structure of the crane and its foundations, but does not include any of the following: (a) an industrial lift truck; (b) earthmoving machinery; (c) an amusement device; (d) a tractor; (e) an industrial robot; (f) a conveyor; (g) building maintenance equipment;

Work Health and Safety (National Uniform Legislation) Regulations 2011 11 (h) a suspended scaffold; (i) a lift. crystalline silica, see regulation 529A. crystalline silica substance (CSS), see regulation 529A. current certificate of medical fitness means a certificate of medical fitness that: (a) was issued within the past 12 months; and (b) has not expired or been revoked. current risk management plan, for Chapter 10, see regulation 609. demolition work means work to demolish or dismantle a structure, or part of a structure that is load bearing or otherwise related to the physical integrity of the structure, but does not include: (a) the dismantling of formwork, falsework, or other structures designed or used to provide support, access or containment during construction work; or (b) the removal of power, light or telecommunication poles. derrick crane means a slewing strut boom crane with its boom pivoted at the base of a mast that is: (a) guyed (guy derrick) or held by backstays (stiff legged derrick); and (b) capable of luffing under load. designer, in relation to plant, a substance or a structure, has the same meaning as it has in section 22 of the Act. determined major hazard facility means a facility that has been determined under regulation 541 or 542 to be a major hazard direct fired process heater means an arrangement of 1 or more coils, located in the radiant zone or convection zone, or both, of a combustion chamber, the primary purpose of which is to raise the temperature of a process fluid circulated through the coils, to allow distillation, fractionalism, reaction or other petrochemical processing of the process fluid, whether that fluid is liquid or gas, or a combination of liquid and gas.

Work Health and Safety (National Uniform Legislation) Regulations 2011 12 dogging work means: (a) the application of slinging techniques, including the selection and inspection of lifting gear, to safely sling a load; or (b) the directing of a plant operator in the movement of a load when the load is out of the operator's view. duty holder, for Part 3.1, means a person referred to in regulation 32. EANx, for Part 4.8, means a mixture of oxygen and nitrogen in which the volume of oxygen is at least 22%. earthmoving machinery means operator controlled plant used to excavate, load, transport, compact or spread earth, overburden, rubble, spoil, aggregate or similar material, but does not include a tractor or industrial lift truck. electrical equipment, see section 6 of the Electrical Safety Act 2022. electrical installation, see section 7 of the Electrical Safety Act 2022. electrical risk means risk to a person of death, shock or other injury caused directly or indirectly by electricity. electrical work, see regulation 146. electricity supply authority means: (a) Power and Water Corporation under the Power and Water Corporation Act 1987; or (b) a person licensed under Part 3 of the Electricity Reform Act 2000 to carry on operations in the electricity supply industry. emergency service organisation means any of the following: (a) Northern Territory Emergency Service mentioned in section 52 of the Emergency Management Act 2013; (b) Northern Territory Fire and Rescue Service under the Fire and Emergency Act 1996; (c) Police Force of the Northern Territory under the Police Administration Act 1978.

Work Health and Safety (National Uniform Legislation) Regulations 2011 13 emergency service worker means a member of an emergency service organisation. engineered stone, see regulation 529A. engineering control means a control measure that is physical in nature, including a mechanical device or process. entry, by a person into a confined space, means the person's head or upper body is in the confined space or within the boundary of the confined space. essential services means the supply of: (a) gas, water, sewerage, telecommunications, electricity and similar services; or (b) chemicals, fuel and refrigerant in pipes or lines. excavation means a trench, tunnel or shaft, but does not include: (a) a mine; or (b) a bore to which the Water Act 1992 applies; or (c) a trench for use as a place of interment. excavation work means work to: (a) make an excavation; or (b) fill or partly fill an excavation. exposure standard, except in Part 4.1, means an exposure standard in the Workplace Exposure Standard for Airborne Contaminants, published by Safe Work Australia, as in force or remade from time to time. exposure standard for noise, see regulation 56. external review means an external review under Part 11.1. extra-low voltage means voltage that does not exceed 50 volts alternating current (50 V AC) or 120 volts ripple-free direct current (120 V ripple-free DC). facility, for Chapter 9, means a workplace at which Schedule 15 chemicals are present or likely to be present.

Work Health and Safety (National Uniform Legislation) Regulations 2011 14 fall arrest system means plant or material designed to arrest a fall. Example for definition fall arrest system An industrial safety net, a catch platform, a safety harness system (other than a system that relies entirely on a restraint technique system). fault, in relation to plant, means a break or defect that may cause the plant to present a risk to health and safety. female of reproductive capacity, for Part 7.2, means a female other than a female who provides information stating that she is not of reproductive capacity. fire risk hazardous chemical means a hazardous chemical that: (a) is any of the following: (i) a flammable gas; (ii) a flammable liquid (hazard category 1 to 3); (iii) a flammable solid; (iv) a substance liable to spontaneous combustion; (v) a substance which, in contact with water, emits flammable gases; (vi) an oxidizing substance; (vii) an organic peroxide; and (b) burns readily or supports combustion. fitness criteria, in relation to diving work, means the fitness criteria specified in clause M4 of Appendix M to AS/NZS 2299.1:2015 (Occupational diving operations – Standard operational practice). flammable gas has the same meaning as it has in the GHS. flammable liquid means a flammable liquid within the meaning of the GHS that has a flash point of less than 93°C. flash point means the lowest temperature (corrected to a standard pressure of 101.3 kPA) at which the application of an ignition source causes the vapours of a liquid to ignite under specified test conditions. forklift truck, for Schedules 3 and 4, means a powered industrial truck equipped with lifting media made up of a mast and an elevating load carriage to which is attached a pair of fork arms or

Work Health and Safety (National Uniform Legislation) Regulations 2011 15 other arms that can be raised 900 mm or more above the ground, but does not include a pedestrian-operated truck or a pallet truck. friable asbestos means material that: (a) is in a powder form or that can be crumbled, pulverised or reduced to a powder by hand pressure when dry; and (b) contains asbestos. gantry crane means a crane that: (a) consists of a bridge beam or beams supported at one or both ends by legs mounted to end carriages; and (b) is capable of travelling on supporting surfaces or deck levels, whether fixed or not; and (c) has a crab with 1 or more hoisting units arranged to travel across the bridge. gas cylinder means a rigid vessel: (a) that does not exceed 3000 L water capacity and is without openings or integral attachments on the shell other than at the ends; and (b) that is designed for the storage and transport of gas under pressure; and (c) that is covered by AS 2030.1:2009 (Gas cylinders – General requirements). general construction induction training means training delivered in Australia by an RTO (under an agreement between the regulator and the RTO) for the specified VET course for general construction induction training. general construction induction training card means: (a) in Part 6.5, Division 2 – a general construction induction training card issued under that Division; (b) in any other case – a general construction induction training card issued: (i) under Part 6.5, Division 2 or under a corresponding WHS law; or (ii) by an RTO under an agreement between the regulator and an RTO or a corresponding regulator and an RTO.

Work Health and Safety (National Uniform Legislation) Regulations 2011 16 general diving work means work carried out in or under water while breathing compressed gas, and includes: (a) incidental diving work; and (b) limited scientific diving work; but does not include high risk diving work. genuine research means systematic investigative or experimental activities that are carried out for either acquiring new knowledge (whether or not the knowledge will have a specific practical application) or creating new or improved materials, products, devices, processes or services. GHS means the Globally Harmonised System of Classification and Labelling of Chemicals, Seventh revised edition, published by the United Nations as modified under Schedule 6. Note for definition GHS GHS 3 means the Globally Harmonised System of Classification and Labelling of Chemicals, Third revised edition, published by the United Nations as modified under Schedule 6. Note for definition GHS 3 The Schedule 6 tables replace some tables in GHS 3. hazard category means a division of criteria within a hazard class in the GHS. hazard class means the nature of a physical, health or environmental hazard under the GHS. hazard pictogram means a graphical composition, including a symbol plus other graphical elements, that is assigned in the GHS to a hazard class or hazard category. hazard statement means a statement assigned in the GHS to a hazard class or hazard category describing the nature of the hazards of a hazardous chemical including, if appropriate, the degree of hazard. hazardous area means an area in which: (a) an explosive gas is present in the atmosphere in a quantity that requires special precautions to be taken for the construction, installation and use of plant; or

Work Health and Safety (National Uniform Legislation) Regulations 2011 17 (b) a combustible dust is present, or could reasonably be expected to be present, in the atmosphere in a quantity that requires special precautions to be taken for the construction, installation and use of plant. hazardous chemical means a substance, mixture or article that satisfies the criteria for any one or more hazard classes in the GHS (including a classification referred to in Schedule 6), unless the only hazard class or classes for which the substance, mixture or article satisfies the criteria are any one or more of the following: (a) acute toxicity – oral – category 5; (b) acute toxicity – dermal – category 5; (c) acute toxicity – inhalation – category 5; (d) skin corrosion/irritation – category 3; (e) aspiration hazard – category 2; (f) flammable gas – category 2; (g) acute hazard to the aquatic environment – category 1, 2 or 3; (h) chronic hazard to the aquatic environment – category 1, 2, 3 or 4; (i) hazardous to the ozone layer. Note for definition hazardous chemicals hazardous manual task means a task that requires a person to lift, lower, push, pull, carry or otherwise move, hold or restrain any person, animal or thing that involves one or more of the following: (a) repetitive or sustained force; (b) high or sudden force; (c) repetitive movement; (d) sustained or awkward posture; (e) exposure to vibration. Examples for definition hazardous manual task 1 A task requiring a person to restrain live animals.

Work Health and Safety (National Uniform Legislation) Regulations 2011 18 2 A task requiring a person to lift or move loads that are unstable or unbalanced or are difficult to grasp or hold. 3 A task requiring a person to sort objects on a conveyor belt. Hazchem Code means a Hazchem Code under the ADG Code, also known as an Emergency Action Code. head or upper body means the area of a person's body at or above the person's shoulders. health monitoring, of a person, means monitoring the person to identify changes in the person's health status: (a) in Chapter 7 or 8 – because of exposure to certain substances; or (b) in Chapter 10 – because of exposure to a mine site hazard. heritage boiler means a boiler that: (a) was manufactured before 1952; and (b) is used for a historical purpose or activity, including an activity that is ancillary to a historical activity. Examples for definition heritage boiler 1 Historical activity: a historical display, parade, demonstration or re-enactment. 2 Activity ancillary to a historical activity: restoring, maintaining, modifying, servicing, repairing or housing a boiler used, or to be used, for a historical activity. high risk, in relation to the processing of a CSS, means the processing of a CSS that is reasonably likely to result in a risk to the health of a person at the workplace. high risk construction work, see regulation 291. high risk diving work means work: (a) carried out in or under water or any other liquid while breathing compressed gas; and (b) involving one or more of the following: (i) construction work; (ii) work of the kind described in regulation 289(3)(d);

Work Health and Safety (National Uniform Legislation) Regulations 2011 19 (iii) inspection work carried out in order to determine whether or not work described in subparagraph (i) or (ii) is necessary; (iv) the recovery or salvage of a large structure or large item of plant for commercial purposes; but does not include minor work carried out in the sea or the waters of a bay or inlet or a marina that involves cleaning, inspecting, maintaining or searching for a vessel or mooring. Notes for definition high risk diving work, paragraph (b)(i) 1 Subparagraph (ii) includes some additional construction-related activities. 2 For construction work generally, see Chapter 6. For the meaning of construction work, see regulation 289. high risk work means any work set out in Schedule 3 as being within the scope of a high risk work licence. high risk work licence means any of the licences listed in Schedule 3. hoist means an appliance intended for raising or lowering a load or people, and includes an elevating work platform, a mast climbing work platform, personnel and materials hoist, scaffolding hoist and serial hoist, but does not include a lift or building maintenance ignition source means a source of energy capable of igniting flammable or combustible substances. importer, in relation to plant, a substance or a structure, has the same meaning as it has in section 24 of the Act. incidental diving work means general diving work that: (a) is incidental to the conduct of the business or undertaking in which the diving work is carried out; and (b) involves limited diving. Example for definition incidental diving work, paragraph (a) Acting underwater is incidental to the business or undertaking of filming. independent, in relation to clearance inspections and air monitoring under Chapter 8, means: (a) not involved in the removal of the asbestos; and

Work Health and Safety (National Uniform Legislation) Regulations 2011 20 (b) not involved in a business or undertaking involved in the removal of the asbestos; in relation to which the inspection or monitoring is conducted. industrial lift truck means powered mobile plant, designed to move goods, materials or equipment that is equipped with an elevating load carriage and is in the normal course of use equipped with a load-holding attachment, but does not include a mobile crane or earthmoving machinery. industrial robot means plant that is a multifunctional manipulator and its controllers, capable of handling materials, parts or tools, or specialised devices, through variable programmed motions for the performance of a variety of tasks. inflatable device (continuously blown) means an amusement device that is an inflatable device that relies on a continuous supply of air pressure to maintain its shape. in situ asbestos means asbestos or ACM fixed or installed in a structure, equipment or plant, but does not include naturally occurring asbestos. intermediate bulk container (IBC) has the same meaning as IBC has in the ADG Code. internal review means an internal review under Part 11.1. in transit, in relation to a thing, means that the thing: (a) is supplied to, or stored at, a workplace in containers that are not opened at the workplace; and (b) is not used at the workplace; and (c) is kept at the workplace for not more than 5 consecutive days. lead means lead metal, lead alloys, inorganic lead compounds and lead salts of organic acids. lead process, see regulation 392. lead process area means a workplace or part of a workplace where a lead process is carried out. lead risk work, see regulation 394.

Work Health and Safety (National Uniform Legislation) Regulations 2011 21 licence holder means: (a) in the case of a high risk work licence – the person who is licensed to carry out the work; or (b) in the case of an asbestos assessor licence – the person who is licensed: (i) to carry out air monitoring during Class A asbestos (ii) to carry out clearance inspections of Class A asbestos (iii) to issue clearance certificates in relation to Class A asbestos removal work; or (c) in the case of an asbestos removal licence – the person conducting the business or undertaking to whom the licence is granted; or (d) in the case of a major hazard facility licence – the operator of the major hazard facility to whom the licence is granted or transferred. licensed asbestos assessor means a person who holds an asbestos assessor licence. licensed asbestos removalist means a person conducting a business or undertaking who is licensed under these Regulations to carry out Class A asbestos removal work or Class B asbestos licensed asbestos removal work means asbestos removal work for which a Class A asbestos removal licence or Class B asbestos removal licence is required. licensed major hazard facility means a major hazard facility that is licensed under Part 9.7. lift means plant that is, or is intended to be, permanently installed in or attached to a structure, in which people, goods or materials may be raised or lowered within a car or cage, or on a platform and the movement of which is restricted by a guide or guides, and includes: (a) a chairlift and stairway lift; and (b) any supporting structure, machinery, equipment, gear, lift well, enclosures and entrances.

Work Health and Safety (National Uniform Legislation) Regulations 2011 22 limited diving means diving that does not involve any of the (a) diving to a depth below 30 m; (b) the need for a decompression stop; (c) the use of mechanical lifting equipment or a buoyancy lifting device; (d) diving beneath anything that would require the diver to move sideways before being able to ascend; (e) the use of plant that is powered from the surface; (f) diving for more than 28 days during a period of 6 months. limited scientific diving work means general diving work that: (a) is carried out for the purpose of professional scientific research, natural resource management or scientific research as an educational activity; and (b) involves only limited diving. local authority, in relation to a facility, means the local government council for the local government council area in which the facility and the surrounding area are located. local community, in relation to a major hazard facility, means the community in the surrounding area. lower explosive limit (LEL), in relation to a flammable gas, vapour or mist, means the concentration of the gas, vapour or mist in air below which the propagation of a flame does not occur on contact with an ignition source. maintain, in relation to plant or a structure in Chapter 5, includes repair or servicing of plant or a structure. major hazard facility means a facility: (a) at which Schedule 15 chemicals are present or likely to be present in a quantity that exceeds their threshold quantity; or (b) that is determined by the regulator under Part 9.2 to be a major hazard facility licence means a licence granted under

Part 9.7 in relation to a major hazard facility.

Work Health and Safety (National Uniform Legislation) Regulations 2011 23 major incident, see regulation 531. major incident hazard means a hazard that could cause, or contribute to causing, a major incident. manifest means a written summary of the hazardous chemicals used, handled or stored at a workplace. Note for definition manifest See Schedule 12 (Manifest requirements) for what a manifest must contain. manifest quantity, in relation to a Schedule 11 hazardous chemical, means the manifest quantity referred to in Schedule 11, table 11.1, column 5 for that hazardous chemical. manufacturer, in relation to plant, a substance or a structure, has the same meaning as it has in section 23 of the Act. mast climbing work platform means a hoist with a working platform used for temporary purposes to raise personnel and materials to the working position by means of a drive system mounted on an extendable mast that may be tied to a structure. materials hoist means a hoist that: (a) consists of a car, bucket or platform cantilevered from, and travelling up and down outside, a face of the support of a structure; and (b) is used for hoisting things and substances but not persons. membrane filter method means the membrane filter method described in the Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres [NOHSC:3003 (2005)]. mine operator, for Chapter 10, see regulation 610. mine site, for Chapter 10, see regulation 609. mine site hazard, for Chapter 10, see regulation 609. mining activity, for Chapter 10, see regulation 609. mining authorisation, for Chapter 10, see regulation 609. Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to transport.

Work Health and Safety (National Uniform Legislation) Regulations 2011 24 mixture, in Part 7.1, means a combination of, or a solution composed of, 2 or more substances that do not react with each other. mobile crane means a crane capable of travelling over a supporting surface without the need for fixed runways and relying only on gravity for stability. modification, in relation to a facility, see regulation 534. musculoskeletal disorder means an injury to, or disease of, the musculoskeletal system, whether occurring suddenly or over time, but does not include an injury caused by crushing, entrapment or cutting resulting principally from the mechanical operation of plant. NATA means the National Association of Testing Authorities, Australia. NATA-accredited laboratory means a testing laboratory accredited by NATA, or recognised by NATA either solely or with someone else. naturally occurring asbestos means the natural geological occurrence of asbestos minerals found in association with geological deposits including rock, sediment or soil. non-friable asbestos means material containing asbestos that is not friable asbestos, including material containing asbestos fibres reinforced with a bonding compound. Note for definition non-friable asbestos Non-friable asbestos may become friable asbestos through deterioration (see definition friable asbestos). non-slewing mobile crane means a mobile crane incorporating a boom or jib that cannot be slewed, and includes: (a) an articulated mobile crane; or (b) a locomotive crane; but does not include vehicle tow trucks. notice of satisfactory assessment means a notice stating that the person to whom it is issued has successfully completed a specified VET course. operator, in relation to a facility or a proposed facility, see regulation 533.

Work Health and Safety (National Uniform Legislation) Regulations 2011 25 operator protective device, includes a roll-over protective structure, falling object protective structure, operator restraining device and seatbelt. order-picking forklift truck, for Schedules 3 and 4, means a forklift truck where the operator's controls are incorporated with the lifting media and elevate with the lifting media. packaged hazardous chemicals means Schedule 11 hazardous chemicals in a container with: (a) a capacity not exceeding 500 L; or (b) a net mass not exceeding 500 kg. passenger ropeway means a powered ropeway used for transporting, in a horizontal or inclined plane, passengers moved by a carrier that is: (a) attached to or supported by a moving rope; or (b) attached to a moving rope but supported by a standing rope or other overhead structure; including, in relation to the powered ropeway, the prime mover, any associated transmission machinery and any supporting structure and equipment, but does not include any of the following: (c) a cog railway; (d) a cable car running on rails; (e) a flying fox or similar device; (f) an elevating system for vehicles or boat style carriers associated with amusement devices. Example for definition passenger ropeway, paragraph (f) An elevating system for a log ride or boat flume ride. person with management or control of plant at a workplace has the same meaning as it has in section 21 of the Act. person with management or control of a workplace has the same meaning as it has in section 20 of the Act. personal protective equipment means anything used or worn by a person to minimise risk to the person's health and safety, including air supplied respiratory equipment.

Work Health and Safety (National Uniform Legislation) Regulations 2011 26 personnel and materials hoist means a hoist: (a) that is a cantilever hoist, a tower hoist or several winches configured to operate as a hoist; and (b) that is intended to carry goods, materials or people. pipeline means pipe work that crosses a boundary of a workplace, beginning or ending at the nearest fluid or slurry control point (along the axis of the pipeline) to the boundary. pipe work means a pipe or assembly of pipes, pipe fittings, valves and pipe accessories used to convey a hazardous chemical. placard means a sign or notice: (a) displayed or intended for display in a prominent place, or next to a container or storage area for hazardous chemicals at a (b) that contains information about the hazardous chemical stored in the container or storage area. placard quantity, in relation to a Schedule 11 hazardous chemical, means the placard quantity referred to in Schedule 11, table 11.1 column 4 for the Schedule 11 hazardous chemical. plant, for Parts 5.2 and 5.3, includes a structure. platform height, in relation to an inflatable device (continuously blown), means the height of the highest part of the device designed to support persons using it (the platform), as measured from the surface supporting the device to the top surface of the platform when the device is inflated but unloaded. porcelain product does not include a product that contains resin. portal boom crane means a boom crane or a jib crane that is mounted on a portal frame that, in turn, is supported on runways along which the crane travels. powered mobile plant means plant that is provided with some form of self-propulsion that is ordinarily under the direct control of an operator. precautionary statement means a phrase prescribed by the GHS that describes measures that are recommended to be taken to prevent or minimise: (a) the adverse effects of exposure to a hazardous chemical; or

Work Health and Safety (National Uniform Legislation) Regulations 2011 27 (b) improper handling of a hazardous chemical. presence-sensing safeguarding system includes: (a) a sensing system that uses one or more forms of radiation either self-generated or otherwise generated by pressure; and (b) the interface between the final switching devices of the sensing system and the machine primary control elements; and (c) the machine stopping capabilities, by which the presence of a person or part of a person within the sensing field will cause the dangerous parts of a machine to be brought to a safe state. pressure equipment means boilers, pressure vessels and pressure piping. pressure piping: (a) means an assembly of pipes, pipe fittings, valves and pipe accessories subject to internal or external pressure and used to contain or convey fluid or to transmit fluid pressure; and (b) includes distribution headers, bolting, gaskets, pipe supports and pressure containing accessories; but (c) does not include: (i) a boiler or pressure vessel; or (ii) any piping that is regulated under the Energy Pipelines Act 1981. pressure vessel: (a) means a vessel subject to internal or external pressure; and (b) includes: (i) interconnected parts and components, valves, gauges and other fittings up to the first point of connection to connecting piping; and (ii) fired heaters; and (iii) gas cylinders; but (c) does not include a boiler or pressure piping.

Work Health and Safety (National Uniform Legislation) Regulations 2011 28 primary emergency service organisation means the Police Force of the Northern Territory under the Police Administration Act 1978. principal contractor, in relation to a construction project, see regulation 293. processing, in relation to a CSS, see regulation 529A. product identifier means the name or number used to identify a product on a label or in a safety data sheet. prohibited carcinogen means a substance: (a) listed in Schedule 10, table 10.1, column 2; and (b) present in a concentration of: (i) for a solid or liquid – 0.1% or more, determined as a weight/weight (w/w) concentration; and (ii) for a gas – 0.1% or more, determined as a volume/volume (v/v) concentration. proposed facility means: (a) an existing workplace that is to become a facility due to the introduction of Schedule 15 chemicals; or (b) a facility that is being designed or constructed. proposed major hazard facility means: (a) an existing facility or other workplace that is to become a major hazard facility due to the introduction of Schedule 15 chemicals or the addition of further Schedule 15 chemicals; or (b) a major hazard facility that is being designed or constructed. psychosocial hazard, see regulation 55A. psychosocial risk, see regulation 55B. quantity, for Chapter 7, means: (a) for a hazardous chemical that is not a liquid or a gas or a gas under pressure and is in a container or storage or handling system – the mass in kilograms of the hazardous chemical in the container or storage or handling system; and

Work Health and Safety (National Uniform Legislation) Regulations 2011 29 (b) for a hazardous chemical that is a liquid and is not a gas under pressure and is in a container or storage or handling system – the net capacity in litres of the container or storage or handling system; and (c) for a hazardous chemical that is a gas or gas under pressure in a container or storage or handling system – the water capacity in litres of the container or storage or handling system; and (d) for a hazardous chemical that is not a liquid and is in bulk and not in a container – the undivided mass in kilograms; and (e) for a hazardous chemical that is a thing and is not a gas – the net capacity of the part of the thing that comprises a hazardous chemical. reach stacker means a powered reach stacker that incorporates an attachment for lifting and lowering a shipping container. reciprocating steam engine means equipment that is driven by steam acting on a piston causing the piston to move, and includes an expanding (steam) reciprocating engine. registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student). registered training organisation (RTO) means a training organisation listed as a registered training organisation on the National Register established under the National Vocational Education and Training Regulator Act 2011 (Cth). related activity, for Chapter 10, see regulation 609. relevant fee, in relation to a matter, means the fee specified in

Schedule 2 for that matter. research chemical means a substance or mixture that: (a) is manufactured in a laboratory for genuine research; and (b) is not for use or supply for a purpose other than analysis or genuine research. respirable asbestos fibre means an asbestos fibre that: (a) is less than 3 μm wide; and (b) more than 5 μm long; and

Work Health and Safety (National Uniform Legislation) Regulations 2011 30 (c) has a length to width ratio of more than 3:1. restricted carcinogen means a substance: (a) listed in Schedule 10, table 10.2, column 2 for a use listed in column 3; and (b) present in a concentration of: (i) for a solid or liquid – 0.1% or more, determined as a weight/weight (w/w) concentration; and (ii) for a gas – 0.1% or more, determined as a volume/volume (v/v) concentration. retailer means a person whose principal business is supplying consumer products to members of the public who are not engaged in the further supply of those products. rigging work means: (a) the use of mechanical load shifting equipment and associated gear to move, place or secure a load using plant, equipment or members of a structure to ensure the stability of those members; or (b) the setting up or dismantling of cranes or hoists. safe oxygen level means a minimum oxygen content of air of 19.5% by volume under normal atmospheric pressure and a maximum oxygen content of air of 23.5% by volume under normal atmospheric pressure. Safe Work Australia means Safe Work Australia as established under section 5 of the Safe Work Australia Act 2008 (Cth). safe work method statement means: (a) in relation to electrical work on energised electrical equipment – a safe work method statement prepared under the Electrical Safety Act 2022; or (b) in relation to high risk construction work – a safe work method statement referred to in regulation 299 (as revised under regulation 302). safety data sheet means a safety data sheet prepared under regulation 330 or 331.

Work Health and Safety (National Uniform Legislation) Regulations 2011 31 scaffold means a temporary structure specifically erected to support access or working platforms. scaffolding work means erecting, altering or dismantling a temporary structure that is or has been erected to support a platform and from which a person or object could fall more than 4 m from the platform or the structure.

Schedule 11 hazardous chemical means a hazardous chemical or combination of hazardous chemicals specified in Schedule 11, table 11.1.

Schedule 15 chemical means a hazardous chemical that: (a) is specified in Schedule 15, table 15.1; or (b) belongs to a class, type or category of hazardous chemicals specified in Schedule 15, table 15.2. self-erecting tower crane means a crane: (a) that is not disassembled into a tower element and a boom or jib element in the normal course of use; and (b) where the erection and dismantling processes are an inherent part of the crane's function. shaft means a vertical or inclined way or opening, from the surface downwards or from any underground working, the dimensions of which (apart from the perimeter) are less than its depth. signal word means the word "danger" or "warning" used on a label to indicate to a label reader the relative severity level of a hazard, and to alert the reader to a potential hazard, under the GHS. silica risk control plan means, in relation to the processing of a CSS that is high risk, a silica risk control plan prepared under regulation 529CB. sintered stone does not include a product that contains resin. slewing mobile crane means a mobile crane incorporating a boom or jib that can be slewed, but does not include: (a) a front end loader; or (b) a backhoe; or (c) an excavator; or (d) other earth moving equipment;

Work Health and Safety (National Uniform Legislation) Regulations 2011 32 when configured for crane operation. slinging techniques means the exercising of judgement in relation to the suitability and condition of lifting gear and the method of slinging, by consideration of the nature of the load, its mass and its centre of gravity. specified VET course means: (a) in relation to general construction induction training – the VET course Work Safely in the Construction Industry or a corresponding subsequent VET accredited course; or (b) in relation to Class A asbestos removal work – the VET course Remove friable asbestos; or (c) in relation to Class B asbestos removal work – the VET course Remove non-friable asbestos; or (d) in relation to the supervision of asbestos removal work – the VET course Supervise asbestos removal; or (e) in relation to asbestos assessor work – the VET course Conduct asbestos assessment associated with removal; or (f) in relation to high risk work – the relevant VET course specified in Schedule 4. steam turbine means equipment that is driven by steam acting on a turbine or rotor to cause a rotary motion. structure, for Chapter 6, see regulation 290. substance, for Part 7.1, means a chemical element or compound in its natural state or obtained or generated by a process: (a) including any additive necessary to preserve the stability of the element or compound and any impurities deriving from the process; but (b) excluding any solvent that may be separated without affecting the stability of the element or compound, or changing its composition. supplier, in relation to plant, a substance or a structure, has the same meaning as it has in section 25 of the Act.

Work Health and Safety (National Uniform Legislation) Regulations 2011 33 surrounding area, in relation to a facility, means the area surrounding the facility in which the health and safety of persons could potentially be adversely affected by a major incident occurring. suspended scaffold means a scaffold incorporating a suspended platform that is capable of being raised or lowered when in use. technical name, in the definition chemical identity, means a name that is: (a) ordinarily used in commerce, regulations and codes to identify a substance or mixture, other than an International Union of Pure and Applied Chemistry or Chemical Abstracts Service name; and (b) recognised by the scientific community. 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 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; and (ii) is designed to prevent a fall. the Act means the Work Health and Safety (National Uniform Legislation) Act 2011. theatrical performance means acting, singing, playing a musical instrument, dancing or otherwise performing literary or artistic works or expressions of traditional custom or folklore. threshold quantity, in relation to a Schedule 15 chemical, means: (a) the threshold quantity of a specific hazardous chemical as determined under Schedule 15, clause 3; or

Work Health and Safety (National Uniform Legislation) Regulations 2011 34 (b) the aggregate threshold quantity of 2 or more hazardous chemicals as determined under Schedule 15, clause 4. tower crane means: (a) a crane that has a boom or a jib mounted on a tower structure; and (b) in Schedule 3: (i) the crane, if a jib crane, may be a horizontal or luffing jib type; and (ii) the tower structure may be demountable or permanent, but does not include a self-erecting tower crane. tractor means a motor vehicle, whether wheeled or track mounted, designed to provide power and movement to any attached machine or implement by a transmission shaft, belt or linkage system but does not include earthmoving machinery. transitional period, see regulation 394A. trench means a horizontal or inclined way or opening: (a) the length of which is greater than its width and greater than or equal to its depth; and (b) that commences at and extends below the surface of the ground; and (c) that is open to the surface along its length. tunnel means an underground passage or opening that: (a) is approximately horizontal; and (b) commences at the surface of the ground or at an excavation. UN number has the same meaning as it has in Attachment 2 of the ADG Code. vehicle hoist means a device to hoist vehicles designed to provide access for under-chassis examination or service. vehicle loading crane means a crane mounted on a vehicle for the purpose of loading and unloading the vehicle. VET course has the same meaning as it has in the National Vocational Education and Training Regulator Act 2011 (Cth).

Work Health and Safety (National Uniform Legislation) Regulations 2011 35 WHS management plan, in relation to a construction project, means a management plan prepared or revised under Part 6.4. work box means a personnel carrying device, designed to be suspended from a crane, to provide a working area for a person elevated by and working from the device. work positioning system means any plant or structure, other than a temporary work platform, that enables a person to be positioned and safely supported at a location for the duration of the relevant work being carried out. (2) Unless the context otherwise requires: (a) a reference in these Regulations to a Chapter by a number must be construed as reference to the Chapter, designated by that number, of these Regulations; and (b) a reference in these Regulations to a Part by a number must be construed as reference to the Part, designated by that number, of these Regulations.

5A Meaning of ADG Code (1) The ADG Code is the Australian Code for the Transport of Dangerous Goods by Road and Rail approved by the Ministerial Council, as in force from time to time. (2) Despite subregulation (1), if the Code specified in subregulation (1) is remade, ADG Code is that remade edition and any reference in these Regulations to a provision of that Code extends to the corresponding provision (if any) of the remade Code.

6 Determination of safety management system The regulator may make a determination for the purposes of the definition certified safety management system.

6A Meaning of corresponding WHS law (1) For section 4 of the Act, definition corresponding WHS law, the following laws are prescribed to be corresponding WHS laws: (a) Work Health and Safety Act 2011 (ACT); (b) Work Health and Safety Act 2011 (Cth); (c) Work Health and Safety Act 2011 (NSW); (d) Work Health and Safety Act 2011 (Qld);

Work Health and Safety (National Uniform Legislation) Regulations 2011 36 (e) Work Health and Safety Act 2012 (SA); (f) Work Health and Safety Act 2012 (Tas). (2) For section 4 of the Act, definition corresponding WHS law, the following laws are prescribed to be corresponding WHS laws in relation to Parts 4.5, 5.3 and 8.10 and regulation 318: (a) Occupational Health and Safety Act 2004 (Vic); (b) Occupational Health and Safety Act 1984 (WA).

7 Meaning of person conducting a business or undertaking – persons excluded (1) For the purposes of section 5(6) of the Act, a strata title body corporate that is responsible for any common areas used only for residential purposes may be taken not to be a person conducting a business or undertaking in relation to those premises. (2) Subregulation (1) does not apply if the strata title body corporate engages any worker as an employee. (3) For the purposes of section 5(6) of the Act, an incorporated association may be taken not to be a person conducting a business or undertaking if the incorporated association consists of a group of volunteers working together for one or more community purposes where: (a) the incorporated association, either alone or jointly with any other similar incorporated association, does not employ any person to carry out work for the incorporated association; and (b) none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the incorporated association. strata title body corporate means: (a) a body corporate under the Unit Title Schemes Act 2009; or (b) a building management corporation under the Unit Titles Act 1975.

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8 Meaning of supply For the purposes of section 6(3)(b) of the Act, a supply of a thing does not include the supply of a thing by a person who does not control the supply and has no authority to make decisions about the supply. Examples for regulation 8 1 An auctioneer who auctions a thing without having possession of the thing. 2 A real estate agent acting in his or her capacity as a real estate agent. 9 Provisions linked to health and safety duties in Act If a note at the foot of a provision of these Regulations states "WHS (NUL) Act" followed by a reference to a section number, the regulation provision sets out the way in which a person's duty or obligation under that section of the Act is to be performed in relation to the matters and to the extent set out in the regulation provision. Note for regulation 9 A failure to comply with a duty or obligation under a section of the Act referred to in a "WHS (NUL) Act" note is an offence to which a penalty applies.

10 Application of the Act to dangerous goods and high risk plant (1) The following provisions of the Act are excluded from the operation of Schedule 1 to the Act: (a) Part 5, Divisions 2 to 8; (b) Part 6; (c) Part 7. (2) For the purposes of Schedule 1 of the Act, clause 6, definition dangerous goods, the goods listed in table 328 in regulation 328 are prescribed to be dangerous goods for Schedule 1 of the Act if the quantity of the goods at a place is more than the relevant threshold quantity listed in that table.

11 Application of these Regulations A duty imposed on a person under a provision of these Regulations in relation to health and safety does not limit or affect any duty the person has under the Act or, unless otherwise expressly provided, any other provision of these Regulations.

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12 Assessment of risk in relation to a class of hazards, tasks, circumstances or things If these Regulations require an assessment of risks to health and safety associated with a hazard, task, thing or circumstance, an assessment of risks associated with a class of hazards, tasks, things or circumstances may be conducted if: (a) all hazards, tasks, things or circumstances in the class are the same; and (b) the assessment of risks for the class does not result in any worker or other person being exposed to a greater, additional or different risk to health and safety than if the risk assessment were carried out in relation to each individual hazard, task, thing or circumstance.

13 Documents incorporated as in force when incorporated A reference to any document applied, adopted or incorporated by, or referred to in, these Regulations is to be read as a reference to that document as in force at the time the document is applied, adopted, incorporated or referred to unless express provision is made to the contrary.

14 Inconsistencies between provisions If a provision of any document applied, adopted or incorporated by, or referred to in, these Regulations is inconsistent with any provision in these Regulations, the provision of these Regulations prevails.

15 References to standards (1) In these Regulations, a reference consisting of the words "Australian Standard" or the letters "AS" followed in either case by a number or a number accompanied by a reference to a calendar year is a reference to the standard so numbered published by or on behalf of Standards Australia. (2) In these Regulations, a reference consisting of the expression "Australian/New Zealand Standard" or "AS/NZS" followed in either case by a number or a number accompanied by a reference to a calendar year is a reference to the standard so numbered published jointly by or on behalf of Standards Australia and the Standards Council of New Zealand.

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16 Negotiations for and determination of work groups Negotiations for and determination of work groups and variations of work groups must be directed at ensuring that the workers are grouped in a way that: (a) most effectively and conveniently enables the interests of the workers, in relation to work health and safety, to be represented; and (b) has regard to the need for a health and safety representative for the work group to be readily accessible to each worker in the work group. Note for regulation 16 Under the Act, a work group may be determined for workers at more than 1 workplace (section 51(3)) or for workers carrying out work for 2 or more persons conducting businesses or undertakings at one or more workplaces (Part 5, Division 3, Subdivision 3 of the Act).

17 Matters to be taken into account in negotiations For the purposes of sections 52(6) and 56(4) of the Act, negotiations for and determination of work groups and variation of agreements concerning work groups must take into account all (a) the number of workers; (b) the views of workers in relation to the determination and variation of work groups; (c) the nature of each type of work carried out by the workers; (d) the number and grouping of workers who carry out the same or similar types of work; (e) the areas or places where each type of work is carried out; (f) the extent to which any worker must move from place to place while at work;

Work Health and Safety (National Uniform Legislation) Regulations 2011 40 (g) the diversity of workers and their work; (h) the nature of any hazards at the workplace or workplaces; (i) the nature of any risks to health and safety at the workplace or workplaces; (j) the nature of the engagement of each worker, for example as an employee or as a contractor; (k) the pattern of work carried out by workers, for example whether the work is full-time, part-time, casual or short-term; (l) the times at which work is carried out; (m) any arrangements at the workplace or workplaces relating to overtime or shift work.

18 Procedures for election of health and safety representatives (1) This regulation sets out minimum procedural requirements for the election of a health and safety representative for a work group for the purposes of section 61(2) of the Act. (2) The person conducting the election must take all reasonable steps to ensure that the following procedures are complied with: (a) each person conducting a business or undertaking in which a worker in the work group works is informed of the date on which the election is to be held as soon as practicable after the date is determined; (b) all workers in the work group are given an opportunity to: (i) nominate for the position of health and safety (ii) vote in the election; (c) all workers in the work group and all relevant persons conducting a business or undertaking are informed of the outcome of the election.

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19 Person conducting business or undertaking must not delay election not unreasonably delay the election of a health and safety representative. Note for regulation 19

20 Removal of health and safety representatives (1) For the purposes of section 64(2)(d) of the Act, the majority of the members of a work group may remove a health and safety representative for the work group if the members sign a written declaration that the health and safety representative should no longer represent the work group. (2) A member of the work group nominated by the members who signed the declaration must, as soon as practicable: (a) inform the following persons of the removal of the health and safety representative: (i) the health and safety representative who has been removed; (ii) each person conducting a business or undertaking in which a worker in the work group works; and (b) take all reasonable steps to inform all members of the work group of the removal. (3) The removal of the health and safety representative takes effect when the persons referred to in subregulation (2)(a) and the majority of members of the work group have been informed of the removal.

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21 Training for health and safety representatives (1) For the purposes of section 72(1) of the Act, a health and safety representative is entitled to attend the following courses of training in work health and safety: (a) an initial course of training of up to 5 days; (b) up to 1 day's refresher training each year, with the entitlement to the first refresher training commencing 1 year after the initial training. (1A) An application for approval of a course of training must: (a) be made in the manner and form required by the regulator; and (2) In approving a course of training in work health and safety for the purposes of section 72(1) of the Act, the regulator may have regard to any relevant matters, including: (a) the content and quality of the curriculum, including its relevance to the powers and functions of a health and safety (b) the qualifications, knowledge and experience of the person who is to provide the course. Notes for regulation 21 1 This regulation prescribes courses of training to which a health and safety representative is entitled. In addition to these courses, the health and safety representative and the person conducting the business or undertaking may agree that the representative will attend or receive further training. 2 Under the Interpretation Act 1978 the power to approve a course of training includes a power to revoke or vary the approval.

22 Agreed procedure – minimum requirements (1) This regulation sets out minimum requirements for an agreed procedure for issue resolution at a workplace. (2) The agreed procedure for issue resolution at a workplace must include the steps set out in regulation 23.

Work Health and Safety (National Uniform Legislation) Regulations 2011 43 ensure that the agreed procedure for issue resolution at the workplace: (a) complies with subregulation (2); and (b) is set out in writing; and (c) is communicated to all workers to whom the agreed procedure applies.

23 Default procedure (1) This regulation sets out the default procedure for issue resolution for the purposes of section 81(2) of the Act. (2) Any party to the issue may commence the procedure by informing each other party: (a) that there is an issue to be resolved; and (b) the nature and scope of the issue. (3) As soon as parties are informed of the issue, all parties must meet or communicate with each other to attempt to resolve the issue. (4) The parties must have regard to all relevant matters, including the (a) the degree and immediacy of risk to workers or other persons affected by the issue; (b) the number and location of workers and other persons affected by the issue; (c) the measures (both temporary and permanent) that must be implemented to resolve the issue; (d) who will be responsible for implementing the resolution measures.

Work Health and Safety (National Uniform Legislation) Regulations 2011 44 (5) A party may, in resolving the issue, be assisted or represented by a person nominated by the party. (6) If the issue is resolved, details of the issue and its resolution must be set out in a written agreement if any party to the issue requests this. Under the Act, parties to an issue include not only a person conducting a business or undertaking, a worker and a health and safety representative, but also representatives of these persons (see section 80 of the Act). (7) If a written agreement is prepared all parties to the issue must be satisfied that the agreement reflects the resolution of the issue. (8) A copy of the written agreement must be given to: (a) all parties to the issue; and (b) if requested, to the health and safety committee for the (9) To avoid doubt, nothing in this procedure prevents a worker from bringing a work health and safety issue to the attention of the worker's health and safety representative.

24 Continuity of engagement of worker For the purposes of section 88 of the Act, the prescribed purposes are the assessment of eligibility for, or the calculation of benefits for, any benefit or entitlement associated with the worker's engagement, including one or more of the following: (a) remuneration and promotion, as affected by seniority; (b) superannuation benefits; (c) leave entitlements; (d) any entitlement to notice of termination of the engagement.

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25 Training requirements for WHS entry permits (1) The prescribed training for the purposes of sections 131 and 133 of the Act is training, that is provided or approved by the regulator, in relation to the following: (a) the right of entry requirements under Part 7 of the Act; (b) the issue resolution requirements under the Act and these (c) the duties under, and the framework of, the Act and these (d) the requirements for the management of risks under section 17 of the Act; (e) the definition reasonably practicable as set out in section 18 of the Act; (f) the relationship between the Act and these Regulations and the Fair Work Act. (2) The training must include providing the participant with information about the availability of any guidance material published by the regulator in relation to the Act and these Regulations. (3) For the purpose of approving training, the regulator may have regard to any relevant matters, including: (a) the content and quality of the curriculum, including its relevance to the powers and functions of a WHS permit (b) the qualifications, knowledge and experience of the person who is to provide the training. Note for regulation 25 Under the Interpretation Act 1978 the power to approve training includes a power to revoke or vary the approval.

26 Form of WHS entry permit A WHS entry permit must include the following: (a) the section of the Act under which the WHS entry permit is issued;

Work Health and Safety (National Uniform Legislation) Regulations 2011 46 (b) the full name of the WHS entry permit holder; (c) the name of the union that the WHS entry permit holder represents; (d) a statement that the WHS entry permit holder is entitled, while the WHS entry permit is in force, to exercise the rights given to the WHS entry permit holder under the Act; (e) the date of issue of the WHS entry permit; (f) the expiry date for the WHS entry permit; (g) the signature of the WHS entry permit holder; (h) any conditions on the WHS entry permit.

27 Notice of entry – general A notice of entry under Part 7 of the Act must: (a) be written; and (b) include the following: (i) the full name of the WHS entry permit holder; (ii) the name of the union that the WHS entry permit holder represents; (iii) the section of the Act under which the WHS entry permit holder is entering or proposing to enter the workplace; (iv) the name and address of the workplace entered or proposed to be entered; (v) the date of entry or proposed entry; (vi) the additional information and other matters required under regulation 28, 29 or 30 (as applicable).

28 Additional requirements – entry under section 117 A notice of entry under section 119 of the Act in relation to an entry under section 117 must also include the following: (a) so far as is practicable, the particulars of the suspected contravention to which the notice relates;

Work Health and Safety (National Uniform Legislation) Regulations 2011 47 (b) a declaration stating: (i) that the union is entitled to represent the industrial interests of a worker who carries out work at the workplace entered and is a member, or eligible to be a member, of that union; and (ii) the provision in the union's rules that entitles the union to represent the industrial interests of that worker; and (iii) that the suspected contravention relates to, or affects, that worker. Note for regulation 28

29 Additional requirements – entry under section 120 A notice of entry under section 120 of the Act in relation to an entry under that section must also include the following: (a) so far as is practicable, the particulars of the suspected contravention to which the notice relates; (b) a description of the employee records and other documents, or of the classes of records and documents, directly relevant to the suspected contravention, that are proposed to be inspected; (c) a declaration stating: (i) that the union is entitled to represent the industrial interests of a worker who is a member, or eligible to be a member, of that union; and (ii) the provision in the union's rules that entitles the union to represent the industrial interests of that worker; and (iii) that the suspected contravention relates to, or affects, that worker; and (iv) that the records and documents proposed to be inspected relate to that contravention. Note for regulation 29

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30 Additional requirements – entry under section 121 A notice of entry under section 122 of the Act in relation to an entry under section 121 must also include a declaration stating: (a) that the union is entitled to represent the industrial interests of a worker who carries out work at the workplace proposed to be entered and is a member, or eligible to be a member, of that union; and (b) the provision in the union's rules that entitles the union to represent the industrial interests of that worker. Note for regulation 30

31 Register of WHS entry permit holders For the purposes of section 151 of the Act, the regulator must publish on its website: (a) an up-to-date register of WHS entry permit holders; and (b) the date on which the register was last updated.

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32 Application of Part 3.1 This Part applies to a person conducting a business or undertaking who has a duty under these Regulations to manage risks to health and safety.

33 Specific requirements must be complied with Any specific requirements under these Regulations for the management of risk must be complied with when implementing the requirements of this Part. Examples for regulation 33 1 A requirement not to exceed an exposure standard. 2 A duty to implement a specific control measure. 3 A duty to assess risk. 34 Duty to identify hazards A duty holder, in managing risks to health and safety, must identify reasonably foreseeable hazards that could give rise to risks to health and safety.

35 Managing risks to health and safety A duty holder, in managing risks to health and safety, must: (a) eliminate risks to health and safety so far as is reasonably (b) if it is not reasonably practicable to eliminate risks to health and safety – minimise those risks so far as is reasonably

36 Hierarchy of control measures (1) This regulation applies if it is not reasonably practicable for a duty holder to eliminate risks to health and safety. (2) A duty holder, in minimising risks to health and safety, must implement risk control measures in accordance with this regulation.

Work Health and Safety (National Uniform Legislation) Regulations 2011 50 (3) The duty holder must minimise risks, so far as is reasonably practicable, by doing one or more of the following: (a) substituting (wholly or partly) the hazard giving rise to the risk with something that gives rise to a lesser risk; (b) isolating the hazard from any person exposed to it; (c) implementing engineering controls. (4) If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by implementing administrative controls. (5) If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by ensuring the provision and use of suitable personal protective equipment. Note for regulation 36 A combination of the controls set out in this regulation may be used to minimise risks, so far as is reasonably practicable, if a single control is not sufficient for the purpose.

37 Maintenance of control measures A duty holder who implements a control measure to eliminate or minimise risks to health and safety must ensure that the control measure is, and is maintained so that it remains, effective, including by ensuring that the control measure is and remains: (a) fit for purpose; and (b) suitable for the nature and duration of the work; and (c) installed, set up and used correctly.

38 Review of control measures (1) A duty holder must review and as necessary revise control measures implemented under these Regulations so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety. (2) Without limiting subregulation (1), the duty holder must review and as necessary revise a control measure in the following circumstances: (a) the control measure does not control the risk it was implemented to control so far as is reasonably practicable;

Work Health and Safety (National Uniform Legislation) Regulations 2011 51 (b) before a change at the workplace that is likely to give rise to a new or different risk to health or safety that the measure may not effectively control; (c) a new relevant hazard or risk is identified; (d) the results of consultation by the duty holder under the Act or these Regulations indicate that a review is necessary; subregulation (4). Examples for subregulation (2)(a) 1 The results of monitoring show that the control measure does not control the risk. 2 A notifiable incident occurs because of the risk. (3) Without limiting subregulation (2)(b), a change at the workplace (a) a change to the workplace itself or any aspect of the work environment; or (b) a change to a system of work, a process or a procedure. (4) A health and safety representative for workers at a workplace may request a review of a control measure if the representative reasonably believes that: (b) the duty holder has not adequately reviewed the control measure in response to the circumstance.

39 Provision of information, training and instruction (1) This regulation applies for the purposes of section 19 of the Act to a person conducting a business or undertaking.

Work Health and Safety (National Uniform Legislation) Regulations 2011 52 (2) The person must ensure that information, training and instruction provided to a worker is suitable and adequate having regard to: (a) the nature of the work carried out by the worker; and (b) the nature of the risks associated with the work at the time the information, training or instruction is provided; and (c) the control measures implemented. (3) The person must ensure, so far as is reasonably practicable, that the information, training and instruction provided under this regulation is provided in a way that is readily understandable by any person to whom it is provided.

40 Duty in relation to general workplace facilities ensure, so far as is reasonably practicable, the following: (a) the layout of the workplace allows, and the workplace is maintained so as to allow, for persons to enter and exit and to move about without risk to health and safety, both under normal working conditions and in an emergency; (b) work areas have space for work to be carried out without risk to health and safety;

Work Health and Safety (National Uniform Legislation) Regulations 2011 53 (c) floors and other surfaces are designed, installed and maintained to allow work to be carried out without risk to health and safety; (d) lighting enables: (i) each worker to carry out work without risk to health and safety; and (ii) persons to move within the workplace without risk to health and safety; and (iii) safe evacuation in an emergency; (e) ventilation enables workers to carry out work without risk to health and safety; (f) workers carrying out work in extremes of heat or cold are able to carry out work without risk to health and safety; (g) work in relation to or near essential services does not give rise to a risk to the health and safety of persons at the workplace. Note for regulation 40