ch.1-pt.1.1
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Queensland regulation
This regulation sets detailed, sector‑specific safety duties, licensing/registration rules, and compliance procedures for businesses and individuals who design, supply, operate or manage workplaces, plant and hazardous activities (construction, chemicals, asbestos, silica, diving, major hazard facilities, amusement parks, etc.). The regulator decides approvals, licences, exemptions and enforcement; PCBUs, licence‑holders and operators pay for compliance (training, testing, records, inspections). It matters because it turns high‑level WHS duties into specific technical controls, monitoring and reporting obligations that change operational choices and ongoing costs for affected parties.
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Direct links to the current provisions in Work Health and Safety Regulation 2011.
This regulation may be cited as the Work Health and Safety Regulation 2011 .
Section 142 commences on 1 July 2012. Section 343 commences on 1 January 2013. The following provisions commence on 1 January 2014— section 48 ; sections 432 and 433 . The following provisions commence on 1 January 2016— part 8.5 , division 1 ; chapter 14 . The following provisions commence on the commencement of the Waste Reduction and Recycling Act 2011 , section 103 — section 492 (2) (i) (ii) ; section 500 (b) (ii) . The remaining provisions commence on the commencement of section 277 (Repeal of Workplace Health and Safety Act 1995) of the Act . s 2 amd 2012 SL No. 203 s 3 ; 2013 SL No. 222 s 4 ; 2014 SL No. 60 s 17 ; 2014 SL No. 238 s 3 ; 2015 SL No. 169 s 3 ; 2016 SL No. 229 s 18 ; 2018 SL No. 216 s 9 ; 2020 SL No. 252 s 3 (sec.2-ssec.1) Section 142 commences on 1 July 2012. (sec.2-ssec.2) Section 343 commences on 1 January 2013. (sec.2-ssec.2A) The following provisions commence on 1 January 2014— section 48 ; sections 432 and 433 . (sec.2-ssec.2B) The following provisions commence on 1 January 2016— part 8.5 , division 1 ; chapter 14 . (sec.2-ssec.3) The following provisions commence on the commencement of the Waste Reduction and Recycling Act 2011 , section 103 — section 492 (2) (i) (ii) ; section 500 (b) (ii) . (sec.2-ssec.4) The remaining provisions commence on the commencement of section 277 (Repeal of Workplace Health and Safety Act 1995) of the Act .
The numbering of provisions of this regulation closely corresponds to the same numbering of regulations in model regulations prepared for and approved by the Council of Australian Governments. To maximise uniformity between this regulation and the model regulations, the numbers of some regulations in the model regulations that are not relevant have not been used in the numbering of provisions of this regulation, unless required for provisions particular to the State. Adoption of the numbering of the model regulations also results in alphanumeric numbering being used to insert further provisions particular to the State.
See note to section 3 .
The dictionary in schedule 19 defines particular words used in this regulation.
The regulator may make a determination for the purposes of the definition of certified safety management system .
For 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. Subsection (1) does not apply if the strata title body corporate engages any worker as an employee. For 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 1 or more community purposes; and the incorporated association, either alone or jointly with another similar incorporated association, does not employ a person to carry out work for the incorporated association; and none of the volunteers, whether alone or jointly with any other volunteers, employs a person to carry out work for the incorporated association. In this section— strata title body corporate means a body corporate under— the Body Corporate and Community Management Act 1997 , schedule 6 ; or the Integrated Resort Development Act 1987 , schedule 3 , section 1 ; or the Mixed Use Development Act 1993 ; or the Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980 ; or the Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984 ; or the Sanctuary Cove Resort Act 1985 , schedule 3 , section 1 . s 7 amd 2013 SL No. 222 s 5 (sec.7-ssec.1) For 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. (sec.7-ssec.2) Subsection (1) does not apply if the strata title body corporate engages any worker as an employee. (sec.7-ssec.3) For 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 1 or more community purposes; and the incorporated association, either alone or jointly with another similar incorporated association, does not employ a person to carry out work for the incorporated association; and none of the volunteers, whether alone or jointly with any other volunteers, employs a person to carry out work for the incorporated association. (sec.7-ssec.4) In this section— strata title body corporate means a body corporate under— the Body Corporate and Community Management Act 1997 , schedule 6 ; or the Integrated Resort Development Act 1987 , schedule 3 , section 1 ; or the Mixed Use Development Act 1993 ; or the Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980 ; or the Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984 ; or the Sanctuary Cove Resort Act 1985 , schedule 3 , section 1 .
For 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. an auctioneer who auctions a thing without having possession of the thing real estate agent acting in his or her capacity as a real estate agent
If a note at the foot of a provision of this regulation states ‘WHS 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. A failure to comply with a duty or obligation under a section of the Act mentioned in a ‘WHS Act’ note is an offence to which a penalty applies.
The following provisions of the Act are excluded from the operation of schedule 1 to the Act — part 5 , divisions 2 to 8 ; part 6 ; part 7 .
A duty imposed on a person under a provision of this regulation 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 this regulation.
If this regulation requires 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— all hazards, tasks, things or circumstances in the class are the same; and 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.
A reference to any document applied, adopted or incorporated by, or referred to in, this regulation 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.
If a provision of any document applied, adopted or incorporated by, or referred to in, this regulation is inconsistent with any provision this regulation, the provision of this regulation prevails.
In this regulation, 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. In this regulation, 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. (sec.15-ssec.1) In this regulation, 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. (sec.15-ssec.2) In this regulation, 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.
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— most effectively and conveniently enables the interests of the workers, in relation to work health and safety, to be represented; and has regard to the need for a health and safety representative for the work group to— be readily accessible to each other worker in the work group; and carry out the same or a similar type of work to each other worker in the work group. For subsection (1) (b) (i) , a health and safety representative is readily accessible to a worker in the work group if the health and safety representative— works— at the same workplace as the worker; or at a workplace from which the health and safety representative can attend the worker’s workplace within a reasonable time; and works the same or a similar pattern of work to the worker. Under the Act , a work group may be determined for workers at more than one workplace ( section 51 (3)) or for workers carrying out work for two or more persons conducting businesses or undertakings at one or more workplaces ( part 5 , division 3 , subdivision 3 ). s 16 amd 2024 SL No. 128 s 8 (sec.16-ssec.1) 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— most effectively and conveniently enables the interests of the workers, in relation to work health and safety, to be represented; and has regard to the need for a health and safety representative for the work group to— be readily accessible to each other worker in the work group; and carry out the same or a similar type of work to each other worker in the work group. (sec.16-ssec.2) For subsection (1) (b) (i) , a health and safety representative is readily accessible to a worker in the work group if the health and safety representative— works— at the same workplace as the worker; or at a workplace from which the health and safety representative can attend the worker’s workplace within a reasonable time; and works the same or a similar pattern of work to the worker.
For sections 52 (6) and 56 (4) of the Act , negotiations for and determination of work groups and variation of work groups must take into account all relevant matters including the following— the number of workers; the views of workers in relation to the determination and variation of work groups; the nature of each type of work carried out by the workers; the number and grouping of workers who carry out the same or similar types of work; the areas or places where each type of work is carried out; the extent to which any worker must move from place to place while at work; the diversity of workers and their work; the nature of any hazards at the workplace or workplaces; the nature of any risks to health and safety at the workplace or workplaces; the nature of the engagement of each worker, for example as an employee or as a contractor; the pattern of work carried out by workers, for example whether the work is full-time, part-time, casual or short-term; the times at which work is carried out; any arrangements at the workplace or workplaces relating to overtime or shift work.
This section sets out minimum procedural requirements for the election of a health and safety representative for a work group for section 61 (2) of the Act . The person conducting the election must take all reasonable steps to ensure that the following procedures are complied with— 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; all workers in the work group are given an opportunity to— nominate for the position of health and safety representative; and vote in the election; all workers in the work group and all relevant persons conducting a business or undertaking are informed of the outcome of the election. (sec.18-ssec.1) This section sets out minimum procedural requirements for the election of a health and safety representative for a work group for section 61 (2) of the Act . (sec.18-ssec.2) The person conducting the election must take all reasonable steps to ensure that the following procedures are complied with— 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; all workers in the work group are given an opportunity to— nominate for the position of health and safety representative; and vote in the election; all workers in the work group and all relevant persons conducting a business or undertaking are informed of the outcome of the election.
A person conducting a business or undertaking at a workplace must not unreasonably delay the election of a health and safety representative. Maximum penalty—36 penalty units.
For 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. A member of the work group nominated by the members who signed the declaration must, as soon as practicable— inform the following persons of the removal of the health and safety representative— the health and safety representative who has been removed; each person conducting a business or undertaking in which a worker in the work group works; and take all reasonable steps to inform all members of the work group of the removal. The removal of the health and safety representative takes effect when the persons mentioned in subsection (2) (a) and the majority of members of the work group have been informed of the removal. (sec.20-ssec.1) For 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. (sec.20-ssec.2) A member of the work group nominated by the members who signed the declaration must, as soon as practicable— inform the following persons of the removal of the health and safety representative— the health and safety representative who has been removed; each person conducting a business or undertaking in which a worker in the work group works; and take all reasonable steps to inform all members of the work group of the removal. (sec.20-ssec.3) The removal of the health and safety representative takes effect when the persons mentioned in subsection (2) (a) and the majority of members of the work group have been informed of the removal.
For section 70 (1)(f) of the Act , the resources, facilities and assistance prescribed are the resources, facilities and assistance that provide each of the following for a health and safety representative for a work group— a means for the health and safety representative to communicate with 1 or more workers in the work group, including, if the health and safety representative and the workers work at different workplaces, a means of transport to the workers’ workplace; access to a phone, access to an electronic device with internet access from which to send emails or attend online meetings with the workers a means for the health and safety representative to communicate with the person conducting the business or undertaking; a means for the health and safety representative to hold face-to-face or online meetings with 1 or more workers in the work group; access to a room or area a means for the health and safety representative to send and receive information about health and safety in accordance with the Act ; a means for the health and safety representative to monitor measures taken by the person conducting the business or undertaking under the Act in relation to the health or safety of workers in the work group; a noise meter a means for the health and safety representative to print or display relevant health and safety information or notices. s 20A prev s 20 ins 2014 SL No. 60 s 18 om 2015 SL No. 169 s 4 pres s 20A ins 2024 SL No. 128 s 9
The prescribed training for section 72 (1) of the Act is the following courses of training in work health and safety approved by the regulator— an initial 5 day course of training; 1 day’s refresher training at least every 12 months, with the entitlement to the first refresher training commencing 12 months after the initial training. A health and safety representative for a work group for a business or undertaking must complete the initial 5 day course of training within— 28 days after the day the representative is elected as a health and safety representative for the work group; or if an initial 5 day course is not reasonably available to the representative—as soon as practicable after the period mentioned in paragraph (a) . s 21 amd 2013 SL No. 222 s 67 sch 1 sub 2017 Act No. 38 s 67 amd 2018 SL No. 216 s 10 ; 2024 SL No. 128 s 10 (sec.21-ssec.1) The prescribed training for section 72 (1) of the Act is the following courses of training in work health and safety approved by the regulator— an initial 5 day course of training; 1 day’s refresher training at least every 12 months, with the entitlement to the first refresher training commencing 12 months after the initial training. (sec.21-ssec.2) A health and safety representative for a work group for a business or undertaking must complete the initial 5 day course of training within— 28 days after the day the representative is elected as a health and safety representative for the work group; or if an initial 5 day course is not reasonably available to the representative—as soon as practicable after the period mentioned in paragraph (a) .
The regulator may, in approving a course of training in work health and safety, have regard to any relevant matters including— the content and quality of the curriculum, including its relevance to the powers and functions of a health and safety representative; and the qualifications, knowledge and experience of the person who is to provide the course. The regulator must notify the approved course of training on the regulator’s website. s 21A ins 2017 Act No. 38 s 67 (sec.21A-ssec.1) The regulator may, in approving a course of training in work health and safety, have regard to any relevant matters including— the content and quality of the curriculum, including its relevance to the powers and functions of a health and safety representative; and the qualifications, knowledge and experience of the person who is to provide the course. (sec.21A-ssec.2) The regulator must notify the approved course of training on the regulator’s website.
This section sets out minimum requirements for an agreed procedure for issue resolution at a workplace. The agreed procedure for issue resolution at a workplace must include the steps set out in section 23 . A person conducting a business or undertaking at a workplace must ensure that the agreed procedure for issue resolution at the workplace— complies with subsection (2) ; and is set out in writing; and is communicated to all workers to whom the agreed procedure applies. Maximum penalty—36 penalty units. (sec.22-ssec.1) This section sets out minimum requirements for an agreed procedure for issue resolution at a workplace. (sec.22-ssec.2) The agreed procedure for issue resolution at a workplace must include the steps set out in section 23 . (sec.22-ssec.3) A person conducting a business or undertaking at a workplace must ensure that the agreed procedure for issue resolution at the workplace— complies with subsection (2) ; and is set out in writing; and is communicated to all workers to whom the agreed procedure applies. Maximum penalty—36 penalty units.
This section sets out the default procedure for issue resolution for section 81 (2) of the Act . Any party to the issue may commence the procedure by telling each other party— that there is an issue to be resolved; and the nature and scope of the issue. As soon as parties are told of the issue, all parties must meet or communicate with each other to attempt to resolve the issue. The parties must have regard to all relevant matters including the following— the degree and immediacy of risk to workers or other persons affected by the issue; the number and location of workers and other persons affected by the issue; the measures (both temporary and permanent) that must be implemented to resolve the issue; who will be responsible for implementing the resolution measures. A party may, in resolving the issue, be assisted or represented by a person nominated by the party. 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. If a written agreement is prepared all parties to the issue must be satisfied that the agreement reflects the resolution of the issue. A copy of the written agreement must be provided to— all parties to the issue; and if requested, to the health and safety committee for the workplace. For the avoidance of 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. s 23 amd 2024 SL No. 128 s 11 (sec.23-ssec.1) This section sets out the default procedure for issue resolution for section 81 (2) of the Act . (sec.23-ssec.2) Any party to the issue may commence the procedure by telling each other party— that there is an issue to be resolved; and the nature and scope of the issue. (sec.23-ssec.3) As soon as parties are told of the issue, all parties must meet or communicate with each other to attempt to resolve the issue. (sec.23-ssec.4) The parties must have regard to all relevant matters including the following— the degree and immediacy of risk to workers or other persons affected by the issue; the number and location of workers and other persons affected by the issue; the measures (both temporary and permanent) that must be implemented to resolve the issue; who will be responsible for implementing the resolution measures. (sec.23-ssec.5) A party may, in resolving the issue, be assisted or represented by a person nominated by the party. (sec.23-ssec.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. (sec.23-ssec.7) If a written agreement is prepared all parties to the issue must be satisfied that the agreement reflects the resolution of the issue. (sec.23-ssec.8) A copy of the written agreement must be provided to— all parties to the issue; and if requested, to the health and safety committee for the workplace. (sec.23-ssec.9) For the avoidance of 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.
For 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— remuneration and promotion, as affected by seniority; superannuation benefits; leave entitlements; any entitlement to notice of termination of the engagement.
The prescribed training for sections 131 and 133 of the Act is training, that is provided or approved by the regulator, in relation to the following matters— the right of entry requirements under part 7 of the Act ; the issue resolution requirements under the Act and this regulation; the duties under, and the framework of, the Act and this regulation; the requirements for the management of risks under section 17 of the Act ; the meaning of reasonably practicable as set out in section 18 of the Act ; the relationship between the Act and this regulation and the Fair Work Act 2009 (Cwlth) or any relevant State or Territory industrial laws. 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 this regulation. For the purpose of approving training, the regulator may have regard to any relevant matter including— the content and quality of the curriculum, including its relevance to the powers and functions of a WHS permit holder; the qualifications, knowledge and experience of the person who is to provide the training. Under the Acts Interpretation Act 1954 , section 24AA , the power to make an instrument or decision includes the power to amend or repeal the instrument or decision, that is, the power to approve training includes a power to revoke or vary the approval. (sec.25-ssec.1) The prescribed training for sections 131 and 133 of the Act is training, that is provided or approved by the regulator, in relation to the following matters— the right of entry requirements under part 7 of the Act ; the issue resolution requirements under the Act and this regulation; the duties under, and the framework of, the Act and this regulation; the requirements for the management of risks under section 17 of the Act ; the meaning of reasonably practicable as set out in section 18 of the Act ; the relationship between the Act and this regulation and the Fair Work Act 2009 (Cwlth) or any relevant State or Territory industrial laws. (sec.25-ssec.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 this regulation. (sec.25-ssec.3) For the purpose of approving training, the regulator may have regard to any relevant matter including— the content and quality of the curriculum, including its relevance to the powers and functions of a WHS permit holder; the qualifications, knowledge and experience of the person who is to provide the training. Under the Acts Interpretation Act 1954 , section 24AA , the power to make an instrument or decision includes the power to amend or repeal the instrument or decision, that is, the power to approve training includes a power to revoke or vary the approval.
A WHS entry permit must include the following— the section of the Act under which the WHS entry permit is issued; the full name of the WHS entry permit holder; the name of the union that the WHS entry permit holder represents; 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 ; the date of issue of the WHS entry permit; the expiry date for the WHS entry permit; the signature of the WHS entry permit holder; any conditions on the WHS entry permit.
A notice of entry under part 7 of the Act must— be written; and include the following— the full name of the WHS entry permit holder; the name of the union that the WHS entry permit holder represents; the section of the Act under which the WHS entry permit holder is entering or proposing to enter the workplace; the name and address of the workplace entered or proposed to be entered; the date of entry or proposed entry; the additional information and other matters required under section 28 , 29 or 30 (as applicable).
A notice of entry under section 119 of the Act in relation to an entry under section 117 of the Act must also include the following— so far as is practicable, the particulars of the suspected contravention to which the notice relates; a declaration stating— 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 the provision in the union’s rules that entitles the union to represent the industrial interests of that worker; and that the suspected contravention relates to, or affects, that worker. Section 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.
A notice of entry under section 120 of the Act in relation to an entry under that section must also include the following— so far as is practicable, the particulars of the suspected contravention to which the notice relates; 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; a declaration stating— 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 the provision in the union’s rules that entitles the union to represent the industrial interests of that worker; and that the suspected contravention relates to, or affects, that worker; and that the records and documents proposed to be inspected relate to that contravention. Section 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.
A notice of entry under section 122 of the Act in relation to an entry under section 121 of the Act must also include a declaration stating— 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 the provision in the union’s rules that entitles the union to represent the industrial interests of that worker. Section 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.
For section 151 of the Act , the commission must publish on its website— an up-to-date register of WHS entry permit holders; and the date on which the register was last updated.
This part applies to a person conducting a business or undertaking who has a duty under this regulation to manage risks to health and safety.
Any specific requirements under this regulation for the management of risk must be complied with when implementing the requirements of this part. a requirement not to exceed an exposure standard a duty to implement a specific control measure a duty to assess risk
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.
A duty holder, in managing risks to health and safety, must— eliminate risks to health and safety so far as is reasonably practicable; and if it is not reasonably practicable to eliminate risks to health and safety—minimise those risks so far as is reasonably practicable.
This section applies if it is not reasonably practicable for a duty holder to eliminate risks to health and safety. A duty holder, in minimising risks to health and safety must implement risk control measures under this section. The duty holder must minimise risks, so far as is reasonably practicable, by doing one or more of the following— substituting (wholly or partly) the hazard giving rise to the risk with something that gives rise to a lesser risk; isolating the hazard from any person exposed to it; implementing engineering controls. If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by implementing administrative controls. 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. A combination of the controls set out in this section may be used to minimise a risk, so far as is practicable, if a single control is not sufficient for the purpose. (sec.36-ssec.1) This section applies if it is not reasonably practicable for a duty holder to eliminate risks to health and safety. (sec.36-ssec.2) A duty holder, in minimising risks to health and safety must implement risk control measures under this section. (sec.36-ssec.3) The duty holder must minimise risks, so far as is reasonably practicable, by doing one or more of the following— substituting (wholly or partly) the hazard giving rise to the risk with something that gives rise to a lesser risk; isolating the hazard from any person exposed to it; implementing engineering controls. (sec.36-ssec.4) If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by implementing administrative controls. (sec.36-ssec.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. A combination of the controls set out in this section may be used to minimise a risk, so far as is practicable, if a single control is not sufficient for the purpose.
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— fit for purpose; and suitable for the nature and duration of the work; and installed, set up and used correctly.
A duty holder must review and, as necessary, revise control measures implemented under this regulation so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety. Without limiting subsection (1) , the duty holder must review and, as necessary, revise a control measure in the following circumstances— the control measure does not control the risk it was implemented to control so far as is reasonably practicable; the results of monitoring show that the control measure does not control the risk a notifiable incident occurs because of the risk 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; a new relevant hazard or risk is identified; the results of consultation by the duty holder under the Act or this regulation indicate that a review is necessary; a health and safety representative requests the review under subsection (4) . See also section 55G in relation to a review of control measures about sexual harassment and sex or gender-based harassment. Without limiting subsection (2) (b) , a change at the workplace includes— a change to the workplace itself or any aspect of the work environment; or a change to a system of work, a process or a procedure. A health and safety representative for workers at a workplace may request a review of a control measure if the representative reasonably believes that— a circumstance mentioned in subsection (2) (a) , (b) , (c) or (d) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and the duty holder has not adequately reviewed the control measure in response to the circumstance. s 38 amd 2024 SL No. 173 s 4 (sec.38-ssec.1) A duty holder must review and, as necessary, revise control measures implemented under this regulation so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety. (sec.38-ssec.2) Without limiting subsection (1) , the duty holder must review and, as necessary, revise a control measure in the following circumstances— the control measure does not control the risk it was implemented to control so far as is reasonably practicable; the results of monitoring show that the control measure does not control the risk a notifiable incident occurs because of the risk 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; a new relevant hazard or risk is identified; the results of consultation by the duty holder under the Act or this regulation indicate that a review is necessary; a health and safety representative requests the review under subsection (4) . See also section 55G in relation to a review of control measures about sexual harassment and sex or gender-based harassment. (sec.38-ssec.3) Without limiting subsection (2) (b) , a change at the workplace includes— a change to the workplace itself or any aspect of the work environment; or a change to a system of work, a process or a procedure. (sec.38-ssec.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— a circumstance mentioned in subsection (2) (a) , (b) , (c) or (d) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and the duty holder has not adequately reviewed the control measure in response to the circumstance.
This section applies for section 19 of the Act to a person conducting a business or undertaking. The person must ensure that information, training and instruction provided to a worker is suitable and adequate having regard to— the nature of the work carried out by the worker; and the nature of the risks associated with the work at the time the information, training or instruction is provided; and the control measures implemented. The person must ensure, so far as is reasonably practicable, that the information, training and instruction is provided in a way that is readily understandable by any person to whom it is provided. Maximum penalty—60 penalty units. s 39 amd 2013 SL No. 222 s 6 (sec.39-ssec.1) This section applies for section 19 of the Act to a person conducting a business or undertaking. (sec.39-ssec.2) The person must ensure that information, training and instruction provided to a worker is suitable and adequate having regard to— the nature of the work carried out by the worker; and the nature of the risks associated with the work at the time the information, training or instruction is provided; and the control measures implemented. (sec.39-ssec.3) The person must ensure, so far as is reasonably practicable, that the information, training and instruction is provided in a way that is readily understandable by any person to whom it is provided. Maximum penalty—60 penalty units.
A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, the following— 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; work areas have space for work to be carried out without risk to health and safety; floors and other surfaces are designed, installed and maintained to allow work to be carried out without risk to health and safety; lighting enables— each worker to carry out work without risk to health and safety; and persons to move within the workplace without risk to health and safety; and safe evacuation in an emergency; ventilation enables workers to carry out work without risk to health and safety; workers carrying out work in extremes of heat or cold are able to carry out work without risk to health and safety; 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. Maximum penalty—60 penalty units.
A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, the provision of adequate facilities for workers, including toilets, drinking water, washing facilities and eating facilities. Maximum penalty—60 penalty units. The person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that the facilities provided under subsection (1) are maintained so as to be— in good working order; and clean, safe and accessible. Maximum penalty—60 penalty units. For this section, a person conducting a business or undertaking must have regard to all relevant matters including— the nature of the work being carried out at the workplace; and the nature of the hazards at the workplace; and the size, location and nature of the workplace; and the number and composition of the workers at the workplace. (sec.41-ssec.1) A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, the provision of adequate facilities for workers, including toilets, drinking water, washing facilities and eating facilities. Maximum penalty—60 penalty units. (sec.41-ssec.2) The person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that the facilities provided under subsection (1) are maintained so as to be— in good working order; and clean, safe and accessible. Maximum penalty—60 penalty units. (sec.41-ssec.3) For this section, a person conducting a business or undertaking must have regard to all relevant matters including— the nature of the work being carried out at the workplace; and the nature of the hazards at the workplace; and the size, location and nature of the workplace; and the number and composition of the workers at the workplace.
A person conducting a business or undertaking at a workplace must ensure— the provision of first aid equipment for the workplace; and that each worker at the workplace has access to the equipment; and access to facilities for the administration of first aid. Maximum penalty—60 penalty units. A person conducting a business or undertaking at a workplace must ensure that— an adequate number of workers are trained to administer first aid at the workplace; or workers have access to an adequate number of other persons who have been trained to administer first aid. Maximum penalty—60 penalty units. For this section, the person conducting the business or undertaking must have regard to all relevant matters including— the nature of the work being carried out at the workplace; and the nature of the hazards at the workplace; and the size and location of the workplace; and the number and composition of the workers and other persons at the workplace. (sec.42-ssec.1) A person conducting a business or undertaking at a workplace must ensure— the provision of first aid equipment for the workplace; and that each worker at the workplace has access to the equipment; and access to facilities for the administration of first aid. Maximum penalty—60 penalty units. (sec.42-ssec.2) A person conducting a business or undertaking at a workplace must ensure that— an adequate number of workers are trained to administer first aid at the workplace; or workers have access to an adequate number of other persons who have been trained to administer first aid. Maximum penalty—60 penalty units. (sec.42-ssec.3) For this section, the person conducting the business or undertaking must have regard to all relevant matters including— the nature of the work being carried out at the workplace; and the nature of the hazards at the workplace; and the size and location of the workplace; and the number and composition of the workers and other persons at the workplace.
A person conducting a business or undertaking at a workplace must ensure that an emergency plan is prepared for the workplace, that provides for the following— emergency procedures, including— an effective response to an emergency; and evacuation procedures; and notifying emergency service organisations at the earliest opportunity; and medical treatment and assistance; and effective communication between the person authorised by the person conducting the business or undertaking to coordinate the emergency response and all persons at the workplace; testing of the emergency procedures, including the frequency of testing; information, training and instruction to relevant workers in relation to implementing the emergency procedures. Maximum penalty—60 penalty units. A person conducting a business or undertaking at a workplace must maintain the emergency plan for the workplace so that it remains effective. Maximum penalty—60 penalty units. For subsections (1) and (2) , the person conducting the business or undertaking must have regard to all relevant matters including— the nature of the work being carried out at the workplace; and the nature of the hazards at the workplace; and the size and location of the workplace; and the number and composition of the workers and other persons at the workplace. A person conducting a business or undertaking at a workplace must implement the emergency plan for the workplace in the event of an emergency. Maximum penalty—60 penalty units. s 43 amd 2013 SL No. 222 s 67 sch 1 (sec.43-ssec.1) A person conducting a business or undertaking at a workplace must ensure that an emergency plan is prepared for the workplace, that provides for the following— emergency procedures, including— an effective response to an emergency; and evacuation procedures; and notifying emergency service organisations at the earliest opportunity; and medical treatment and assistance; and effective communication between the person authorised by the person conducting the business or undertaking to coordinate the emergency response and all persons at the workplace; testing of the emergency procedures, including the frequency of testing; information, training and instruction to relevant workers in relation to implementing the emergency procedures. Maximum penalty—60 penalty units. (sec.43-ssec.2) A person conducting a business or undertaking at a workplace must maintain the emergency plan for the workplace so that it remains effective. Maximum penalty—60 penalty units. (sec.43-ssec.3) For subsections (1) and (2) , the person conducting the business or undertaking must have regard to all relevant matters including— the nature of the work being carried out at the workplace; and the nature of the hazards at the workplace; and the size and location of the workplace; and the number and composition of the workers and other persons at the workplace. (sec.43-ssec.4) A person conducting a business or undertaking at a workplace must implement the emergency plan for the workplace in the event of an emergency. Maximum penalty—60 penalty units.
This section applies if personal protective equipment is to be used to minimise a risk to health and safety in relation to work at a workplace under section 36 . The person conducting a business or undertaking who directs the carrying out of work must provide the personal protective equipment to workers at the workplace, unless the personal protective equipment has been provided by another person conducting a business or undertaking. Maximum penalty—60 penalty units. equipment that has been provided by a labour hire company The person conducting the business or undertaking who directs the carrying out of work must ensure that personal protective equipment provided under subsection (2) is— selected to minimise risk to health and safety, including by ensuring that the equipment is— suitable having regard to the nature of the work and any hazard associated with the work; and a suitable size and fit and reasonably comfortable for the worker who is to use or wear it; and maintained, repaired or replaced so that it continues to minimise risk to the worker who uses it, including by ensuring that the equipment is— clean and hygienic; and in good working order; and used or worn by the worker, so far as is reasonably practicable. The person conducting a business or undertaking who directs the carrying out of work must provide the worker with information, training and instruction in the— proper use and wearing of personal protective equipment; and the storage and maintenance of personal protective equipment. Maximum penalty for subsection (4) —60 penalty units. A person conducting a business or undertaking must not charge or impose a levy on a worker for the provision of personal protective equipment, see section 273 of the Act . s 44 amd 2012 SL No. 203 s 4 (sec.44-ssec.1) This section applies if personal protective equipment is to be used to minimise a risk to health and safety in relation to work at a workplace under section 36 . (sec.44-ssec.2) The person conducting a business or undertaking who directs the carrying out of work must provide the personal protective equipment to workers at the workplace, unless the personal protective equipment has been provided by another person conducting a business or undertaking. Maximum penalty—60 penalty units. equipment that has been provided by a labour hire company (sec.44-ssec.3) The person conducting the business or undertaking who directs the carrying out of work must ensure that personal protective equipment provided under subsection (2) is— selected to minimise risk to health and safety, including by ensuring that the equipment is— suitable having regard to the nature of the work and any hazard associated with the work; and a suitable size and fit and reasonably comfortable for the worker who is to use or wear it; and maintained, repaired or replaced so that it continues to minimise risk to the worker who uses it, including by ensuring that the equipment is— clean and hygienic; and in good working order; and used or worn by the worker, so far as is reasonably practicable. (sec.44-ssec.4) The person conducting a business or undertaking who directs the carrying out of work must provide the worker with information, training and instruction in the— proper use and wearing of personal protective equipment; and the storage and maintenance of personal protective equipment. Maximum penalty for subsection (4) —60 penalty units. A person conducting a business or undertaking must not charge or impose a levy on a worker for the provision of personal protective equipment, see section 273 of the Act .
The person conducting a business or undertaking who directs the carrying out of work must ensure, so far as is reasonably practicable, that— personal protective equipment to be used or worn by any person other than a worker at the workplace is capable of minimising risk to the person’s health and safety; and the person uses or wears the equipment. Maximum penalty—60 penalty units.
This section applies if a person conducting a business or undertaking provides a worker with personal protective equipment. The worker must, so far as the worker is reasonably able, use or wear the equipment in accordance with any information, training or reasonable instruction by the person conducting the business or undertaking. Maximum penalty—36 penalty units. The worker must not intentionally misuse or damage the equipment. Maximum penalty—36 penalty units. The worker must inform the person conducting the business or undertaking of any damage to, defect in or need to clean or decontaminate any of the equipment of which the worker becomes aware. Maximum penalty—36 penalty units. (sec.46-ssec.1) This section applies if a person conducting a business or undertaking provides a worker with personal protective equipment. (sec.46-ssec.2) The worker must, so far as the worker is reasonably able, use or wear the equipment in accordance with any information, training or reasonable instruction by the person conducting the business or undertaking. Maximum penalty—36 penalty units. (sec.46-ssec.3) The worker must not intentionally misuse or damage the equipment. Maximum penalty—36 penalty units. (sec.46-ssec.4) The worker must inform the person conducting the business or undertaking of any damage to, defect in or need to clean or decontaminate any of the equipment of which the worker becomes aware. Maximum penalty—36 penalty units.
A person other than a worker must wear personal protective equipment at a workplace in accordance with any information, training or reasonable instruction provided by the person conducting the business or undertaking at the workplace. Maximum penalty—36 penalty units.
A person conducting a business or undertaking must manage risks to the health and safety of a worker associated with remote or isolated work under part 3.1 . WHS Act — section 19 (see section 9 ). For general risk management requirements, see part 3.1 . In minimising risks to the health and safety of workers associated with remote or isolated work, a person conducting a business or undertaking must provide a system of work that includes effective communication with the worker. Maximum penalty—60 penalty units. In this section— assistance includes rescue, medical assistance and the attendance of emergency service workers. remote or isolated work , in relation to a worker, means work that is isolated from the assistance of other persons because of location, time or the nature of the work. (sec.48-ssec.1) A person conducting a business or undertaking must manage risks to the health and safety of a worker associated with remote or isolated work under part 3.1 . WHS Act — section 19 (see section 9 ). For general risk management requirements, see part 3.1 . (sec.48-ssec.2) In minimising risks to the health and safety of workers associated with remote or isolated work, a person conducting a business or undertaking must provide a system of work that includes effective communication with the worker. Maximum penalty—60 penalty units. (sec.48-ssec.3) In this section— assistance includes rescue, medical assistance and the attendance of emergency service workers. remote or isolated work , in relation to a worker, means work that is isolated from the assistance of other persons because of location, time or the nature of the work.
A person conducting a business or undertaking at a workplace must ensure that no person at the workplace is exposed to a substance or mixture in an airborne concentration that exceeds the exposure standard for the substance or mixture. Maximum penalty—60 penalty units.
A person conducting a business or undertaking at a workplace must ensure that air monitoring is carried out to determine the airborne concentration of a substance or mixture at the workplace to which an exposure standard applies if— the person is not certain on reasonable grounds whether or not the airborne concentration of the substance or mixture at the workplace exceeds the relevant exposure standard; or monitoring is necessary to determine whether there is a risk to health. Maximum penalty—60 penalty units. A person conducting a business or undertaking at a workplace must ensure that the results of air monitoring carried out under subsection (1) are— recorded, and kept for 30 years after the date the record is made; and readily accessible to persons at the workplace who may be exposed to the substance or mixture. Maximum penalty— for an individual—12 1 / 2 penalty units; or for a body corporate—60 penalty units. s 50 amd 2024 SL No. 15 s 2 sch 1 (sec.50-ssec.1) A person conducting a business or undertaking at a workplace must ensure that air monitoring is carried out to determine the airborne concentration of a substance or mixture at the workplace to which an exposure standard applies if— the person is not certain on reasonable grounds whether or not the airborne concentration of the substance or mixture at the workplace exceeds the relevant exposure standard; or monitoring is necessary to determine whether there is a risk to health. Maximum penalty—60 penalty units. (sec.50-ssec.2) A person conducting a business or undertaking at a workplace must ensure that the results of air monitoring carried out under subsection (1) are— recorded, and kept for 30 years after the date the record is made; and readily accessible to persons at the workplace who may be exposed to the substance or mixture. Maximum penalty— for an individual—12 1 / 2 penalty units; or for a body corporate—60 penalty units.
A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with a hazardous atmosphere at the workplace under part 3.1 . WHS Act — section 19 (see section 9 ). For general risk management requirements, see part 3.1 . An atmosphere is a hazardous atmosphere if— the atmosphere does not have a safe oxygen level; or the concentration of oxygen in the atmosphere increases the fire risk; or the concentration of flammable gas, vapour, mist, or fumes exceeds 5% of the LEL for the gas, vapour, mist or fumes; or a hazardous chemical in the form of a combustible dust is present in a quantity and form that would result in a hazardous area. (sec.51-ssec.1) A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with a hazardous atmosphere at the workplace under part 3.1 . WHS Act — section 19 (see section 9 ). For general risk management requirements, see part 3.1 . (sec.51-ssec.2) An atmosphere is a hazardous atmosphere if— the atmosphere does not have a safe oxygen level; or the concentration of oxygen in the atmosphere increases the fire risk; or the concentration of flammable gas, vapour, mist, or fumes exceeds 5% of the LEL for the gas, vapour, mist or fumes; or a hazardous chemical in the form of a combustible dust is present in a quantity and form that would result in a hazardous area.
A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with an ignition source in a hazardous atmosphere at the workplace under part 3.1 . WHS Act — section 19 (see section 9 ). This section does not apply if the ignition source is part of a deliberate process or activity at the workplace. (sec.52-ssec.1) A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with an ignition source in a hazardous atmosphere at the workplace under part 3.1 . WHS Act — section 19 (see section 9 ). (sec.52-ssec.2) This section does not apply if the ignition source is part of a deliberate process or activity at the workplace.
A person conducting a business or undertaking at a workplace must ensure that, if flammable or combustible substances are kept at the workplace, the substances are kept at the lowest practicable quantity for the workplace. Maximum penalty—60 penalty units. In this section— flammable or combustible substances include— flammable and combustible liquids, including waste liquids, in containers, whether empty or full; and gas cylinders, whether empty or full. (sec.53-ssec.1) A person conducting a business or undertaking at a workplace must ensure that, if flammable or combustible substances are kept at the workplace, the substances are kept at the lowest practicable quantity for the workplace. Maximum penalty—60 penalty units. (sec.53-ssec.2) In this section— flammable or combustible substances include— flammable and combustible liquids, including waste liquids, in containers, whether empty or full; and gas cylinders, whether empty or full.
A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with an object falling on a person if the falling object is reasonably likely to injure the person. WHS Act — section 19 (see section 9 ). For general risk management requirements, see part 3.1 .
This section applies if it is not reasonably practicable to eliminate the risk mentioned in section 54 . The person conducting the business or undertaking at a workplace must minimise the risk of an object falling on a person by providing adequate protection against the risk under this section. Maximum penalty—60 penalty units. The person provides adequate protection against the risk if the person provides and maintains a safe system of work, including— preventing an object from falling freely, so far as is reasonably practicable; or if it is not reasonably practicable to prevent an object from falling freely—providing, so far as is reasonably practicable, a system to arrest the fall of a falling object. providing a secure barrier providing a safe means of raising and lowering objects providing an exclusion zone persons are prohibited from entering s 55 amd 2016 SL No. 229 s 19 (sec.55-ssec.1) This section applies if it is not reasonably practicable to eliminate the risk mentioned in section 54 . (sec.55-ssec.2) The person conducting the business or undertaking at a workplace must minimise the risk of an object falling on a person by providing adequate protection against the risk under this section. Maximum penalty—60 penalty units. (sec.55-ssec.3) The person provides adequate protection against the risk if the person provides and maintains a safe system of work, including— preventing an object from falling freely, so far as is reasonably practicable; or if it is not reasonably practicable to prevent an object from falling freely—providing, so far as is reasonably practicable, a system to arrest the fall of a falling object. providing a secure barrier providing a safe means of raising and lowering objects providing an exclusion zone persons are prohibited from entering
A psychosocial hazard is a hazard that— arises from, or relates to— the design or management of work; or a work environment; or plant at a workplace; or workplace interactions or behaviours; and may cause psychological harm, whether or not the hazard may also cause physical harm. s 55A ins 2022 SL No. 141 s 4
A psychosocial risk is a risk to the health or safety of a worker or other person from a psychosocial hazard. s 55B ins 2022 SL No. 141 s 4
Sexual harassment is sexual harassment that would contravene— the Anti-Discrimination Act 1991 ; or the Sex Discrimination Act 1984 (Cwlth) . Sex or gender-based harassment has the meaning given by the Industrial Relations Act 2016 , schedule 5 . s 55BA ins 2024 SL No. 173 s 6 (sec.55BA-ssec.1) Sexual harassment is sexual harassment that would contravene— the Anti-Discrimination Act 1991 ; or the Sex Discrimination Act 1984 (Cwlth) . (sec.55BA-ssec.2) Sex or gender-based harassment has the meaning given by the Industrial Relations Act 2016 , schedule 5 .
A person conducting a business or undertaking must manage psychosocial risks under part 3.1 . WHS Act — section 19 (see section 9 ). For general risk management requirements, see part 3.1 . Without limiting subsection (1) , the person conducting the business or undertaking must manage the risk to the health or safety of a worker, or other person, from either of the following at work— sexual harassment; sex or gender-based harassment. s 55C ins 2022 SL No. 141 s 4 amd 2024 SL No. 173 s 8 (sec.55C-ssec.1) A person conducting a business or undertaking must manage psychosocial risks under part 3.1 . WHS Act — section 19 (see section 9 ). For general risk management requirements, see part 3.1 . (sec.55C-ssec.2) Without limiting subsection (1) , the person conducting the business or undertaking must manage the risk to the health or safety of a worker, or other person, from either of the following at work— sexual harassment; sex or gender-based harassment.
This section applies to a person conducting a business or undertaking who implements control measures to manage psychosocial risks under part 3.1 . If a psychosocial risk is or includes a risk of sexual harassment or sex or gender-based harassment, see also subdivision 3 . In determining the control measures to implement, the person conducting the business or undertaking must have regard to all relevant matters, including— the duration, frequency or severity of the exposure of workers and other persons to psychosocial hazards; and how the psychosocial hazards may interact or combine; and the design of work, including job demands and tasks; and the systems of work, including how work is managed, organised and supported; and the design and layout, and environmental conditions, of the workplace, including the provision of— safe means of entering and exiting the workplace; and facilities for the welfare of workers; and the design and layout, and environmental conditions, of workers’ accommodation; and the plant, substances and structures at the workplace; and workplace interactions or behaviours; and the information, training, instruction and supervision provided to workers. In this section— worker’s accommodation means premises to which section 19 (4) of the Act applies. s 55D ins 2022 SL No. 141 s 4 amd 2024 SL No. 173 s 9 (sec.55D-ssec.1) This section applies to a person conducting a business or undertaking who implements control measures to manage psychosocial risks under part 3.1 . If a psychosocial risk is or includes a risk of sexual harassment or sex or gender-based harassment, see also subdivision 3 . (sec.55D-ssec.2) In determining the control measures to implement, the person conducting the business or undertaking must have regard to all relevant matters, including— the duration, frequency or severity of the exposure of workers and other persons to psychosocial hazards; and how the psychosocial hazards may interact or combine; and the design of work, including job demands and tasks; and the systems of work, including how work is managed, organised and supported; and the design and layout, and environmental conditions, of the workplace, including the provision of— safe means of entering and exiting the workplace; and facilities for the welfare of workers; and the design and layout, and environmental conditions, of workers’ accommodation; and the plant, substances and structures at the workplace; and workplace interactions or behaviours; and the information, training, instruction and supervision provided to workers. (sec.55D-ssec.3) In this section— worker’s accommodation means premises to which section 19 (4) of the Act applies.
This subdivision applies to a person conducting a business or undertaking who implements control measures, under part 3.1 , to manage a psychosocial risk that is or includes a risk of either of the following— sexual harassment; sex or gender-based harassment. s 55E ins 2024 SL No. 173 s 10
In determining the control measures to implement, the person conducting the business or undertaking must have regard to all relevant matters in relation to the risk of sexual harassment or sex or gender-based harassment, including— matters relating to characteristics of the workers, such as the workers’— age; or gender; or sex; or sexual orientation; or disability; and At a particular workplace, a younger worker’s sex may be a relevant matter if the majority of other workers are all of a different sex and are a similar age to each other. matters relating to characteristics of the workplace or work environment, such as— a work environment that may give rise to a workplace culture, or system of work, in which unacceptable or inappropriate behaviour is, or may be, permitted; and a lack of diversity in the workplace generally or in particular decision-making positions; and other matters about the workplace or work environment that may affect a person’s behaviour in relation to a worker. A workplace being a hotel may be a relevant matter if patrons at the hotel may be affected by drugs or alcohol. A worker’s status as a casual or part-time worker may be a relevant matter if other workers are permanent staff and have a supervisory role in relation to the worker. This section does not limit section 55D . s 55F ins 2024 SL No. 173 s 10 (sec.55F-ssec.1) In determining the control measures to implement, the person conducting the business or undertaking must have regard to all relevant matters in relation to the risk of sexual harassment or sex or gender-based harassment, including— matters relating to characteristics of the workers, such as the workers’— age; or gender; or sex; or sexual orientation; or disability; and At a particular workplace, a younger worker’s sex may be a relevant matter if the majority of other workers are all of a different sex and are a similar age to each other. matters relating to characteristics of the workplace or work environment, such as— a work environment that may give rise to a workplace culture, or system of work, in which unacceptable or inappropriate behaviour is, or may be, permitted; and a lack of diversity in the workplace generally or in particular decision-making positions; and other matters about the workplace or work environment that may affect a person’s behaviour in relation to a worker. A workplace being a hotel may be a relevant matter if patrons at the hotel may be affected by drugs or alcohol. A worker’s status as a casual or part-time worker may be a relevant matter if other workers are permanent staff and have a supervisory role in relation to the worker. (sec.55F-ssec.2) This section does not limit section 55D .
Without limiting section 38 , the person conducting the business or undertaking must review and, as necessary, revise the control measures if a person reports sexual harassment or sex or gender-based harassment at work. s 55G ins 2024 SL No. 173 s 10
The person conducting the business or undertaking must prepare a plan (a prevention plan ) in compliance with subsection (2) , to manage an identified risk to the health or safety of workers, or other persons, from either of the following at work— sexual harassment; sex or gender-based harassment. Maximum penalty—60 penalty units. The prevention plan must— be in writing; and state each identified risk; and identify the control measures implemented, or to be implemented, to manage each identified risk; and identify the matters considered by the person conducting the business or undertaking in determining the control measures mentioned in paragraph (c) , including— the relevant matters considered under section 55F (1) ; and any other matter mentioned in section 55D (2) that is relevant to the determination; and describe the consultation undertaken by the person conducting the business or undertaking under part 5 , divisions 1 and 2 of the Act ; and set out the procedure for dealing with reports of sexual harassment or sex or gender-based harassment at work, including— how a person may make a report; and how the report will be investigated; and that the person who made the report may be represented by a representative; and how the person who made the report and other parties will be informed of the results of the investigation; and that the person who made the report may also use the issue resolution procedures and the dispute resolution process in part 5 , divisions 5 and 7A of the Act ; and be set out and expressed in a way that is readily accessible and understandable to workers. The person conducting the business or undertaking must implement the prevention plan. Maximum penalty—60 penalty units. The person conducting the business or undertaking must— take reasonable steps to ensure workers are made aware of the prevention plan and know how to access it; and review the plan— if a report of sexual harassment or sex or gender-based harassment at work is made—as soon as practicable after the report is made; or if a health and safety committee for the workplace or a worker’s health and safety representative requests a review of the plan—as soon as practicable after the request is made; or otherwise—every 3 years. Maximum penalty—60 penalty units. In this section— representative , in relation to a person other than a worker, means someone else who the person authorises to represent them. See section 45A of the Act in relation to who is a representative of a worker. s 55H ins 2024 SL No. 173 s 12 (sec.55H-ssec.1) The person conducting the business or undertaking must prepare a plan (a prevention plan ) in compliance with subsection (2) , to manage an identified risk to the health or safety of workers, or other persons, from either of the following at work— sexual harassment; sex or gender-based harassment. Maximum penalty—60 penalty units. (sec.55H-ssec.2) The prevention plan must— be in writing; and state each identified risk; and identify the control measures implemented, or to be implemented, to manage each identified risk; and identify the matters considered by the person conducting the business or undertaking in determining the control measures mentioned in paragraph (c) , including— the relevant matters considered under section 55F (1) ; and any other matter mentioned in section 55D (2) that is relevant to the determination; and describe the consultation undertaken by the person conducting the business or undertaking under part 5 , divisions 1 and 2 of the Act ; and set out the procedure for dealing with reports of sexual harassment or sex or gender-based harassment at work, including— how a person may make a report; and how the report will be investigated; and that the person who made the report may be represented by a representative; and how the person who made the report and other parties will be informed of the results of the investigation; and that the person who made the report may also use the issue resolution procedures and the dispute resolution process in part 5 , divisions 5 and 7A of the Act ; and be set out and expressed in a way that is readily accessible and understandable to workers. (sec.55H-ssec.3) The person conducting the business or undertaking must implement the prevention plan. Maximum penalty—60 penalty units. (sec.55H-ssec.4) The person conducting the business or undertaking must— take reasonable steps to ensure workers are made aware of the prevention plan and know how to access it; and review the plan— if a report of sexual harassment or sex or gender-based harassment at work is made—as soon as practicable after the report is made; or if a health and safety committee for the workplace or a worker’s health and safety representative requests a review of the plan—as soon as practicable after the request is made; or otherwise—every 3 years. Maximum penalty—60 penalty units. (sec.55H-ssec.5) In this section— representative , in relation to a person other than a worker, means someone else who the person authorises to represent them. See section 45A of the Act in relation to who is a representative of a worker.
In this regulation, exposure standard for noise , in relation to a person, means— L Aeq,8h of 85 dB(A); or L C,peak of 140 dB(C). For subsection (1) — L Aeq,8h means the eight-hour equivalent continuous A-weighted sound pressure level in decibels (dB(A)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure). L C,peak means the C-weighted peak sound pressure level in decibels (dB(C)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure). s 56 amd 2012 SL No. 203 s 5 (sec.56-ssec.1) In this regulation, exposure standard for noise , in relation to a person, means— L Aeq,8h of 85 dB(A); or L C,peak of 140 dB(C). (sec.56-ssec.2) For subsection (1) — L Aeq,8h means the eight-hour equivalent continuous A-weighted sound pressure level in decibels (dB(A)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure). L C,peak means the C-weighted peak sound pressure level in decibels (dB(C)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure).
A person conducting a business or undertaking at a workplace must manage, under part 3.1 , risks to health and safety relating to hearing loss associated with noise. WHS Act — section 19 (see section 9 ). For general risk management requirements, see part 3.1 . A person conducting a business or undertaking at a workplace must ensure that the noise that a worker is exposed to at the workplace does not exceed the exposure standard for noise. Maximum penalty—60 penalty units. (sec.57-ssec.1) A person conducting a business or undertaking at a workplace must manage, under part 3.1 , risks to health and safety relating to hearing loss associated with noise. WHS Act — section 19 (see section 9 ). For general risk management requirements, see part 3.1 . (sec.57-ssec.2) A person conducting a business or undertaking at a workplace must ensure that the noise that a worker is exposed to at the workplace does not exceed the exposure standard for noise. Maximum penalty—60 penalty units.
This section applies in relation to a worker who is required by the person conducting the business of undertaking to use personal protective equipment to protect the worker from the risk of hearing loss associated with noise that exceeds the exposure standard for noise. The person conducting the business or undertaking must provide audiometric testing for the worker— within 3 months of the worker commencing the work; and in any event, at least every 2 years. Maximum penalty—60 penalty units. In this section— audiometric testing means the testing and measurement of the hearing threshold levels of each ear of a person by means of pure tone air conduction threshold tests. s 58 prev s 58 amd 2013 SL No. 222 s 7 om 2014 SL No. 60 s 19 pres s 58 ins 2024 SL No. 128 s 12 (sec.58-ssec.1) This section applies in relation to a worker who is required by the person conducting the business of undertaking to use personal protective equipment to protect the worker from the risk of hearing loss associated with noise that exceeds the exposure standard for noise. (sec.58-ssec.2) The person conducting the business or undertaking must provide audiometric testing for the worker— within 3 months of the worker commencing the work; and in any event, at least every 2 years. Maximum penalty—60 penalty units. (sec.58-ssec.3) In this section— audiometric testing means the testing and measurement of the hearing threshold levels of each ear of a person by means of pure tone air conduction threshold tests.
A designer of plant must ensure that the plant is designed so that its noise emission is as low as is reasonably practicable. Maximum penalty—60 penalty units. A designer of plant must give to each person who is provided with the design for the purpose of giving effect to it adequate information about— the noise emission values of the plant; and the operating conditions of the plant when noise emission is to be measured; and the methods the designer has used to measure the noise emission of the plant. Maximum penalty—60 penalty units. A manufacturer of plant must ensure that the plant is manufactured so that its noise emission is as low as is reasonably practicable. Maximum penalty—60 penalty units. A manufacturer of plant must give to each person to whom the manufacturer provides the plant adequate information about— the noise emission values of the plant; and the operating conditions of the plant when noise emission is to be measured; and the methods the manufacturer has used to measure the noise emission of the plant. Maximum penalty—60 penalty units. An importer of plant must take all reasonable steps to— obtain the information the manufacturer is required to give an importer under subsection (4) ; and give that information to any person to whom the importer supplies the plant. Maximum penalty—60 penalty units. A supplier of plant must take all reasonable steps to— obtain the information the designer, manufacturer or importer is required to give a supplier under subsection (3) , (4) or (5) ; and give that information to any person to whom the supplier supplies the plant. Maximum penalty—60 penalty units. (sec.59-ssec.1) A designer of plant must ensure that the plant is designed so that its noise emission is as low as is reasonably practicable. Maximum penalty—60 penalty units. (sec.59-ssec.2) A designer of plant must give to each person who is provided with the design for the purpose of giving effect to it adequate information about— the noise emission values of the plant; and the operating conditions of the plant when noise emission is to be measured; and the methods the designer has used to measure the noise emission of the plant. Maximum penalty—60 penalty units. (sec.59-ssec.3) A manufacturer of plant must ensure that the plant is manufactured so that its noise emission is as low as is reasonably practicable. Maximum penalty—60 penalty units. (sec.59-ssec.4) A manufacturer of plant must give to each person to whom the manufacturer provides the plant adequate information about— the noise emission values of the plant; and the operating conditions of the plant when noise emission is to be measured; and the methods the manufacturer has used to measure the noise emission of the plant. Maximum penalty—60 penalty units. (sec.59-ssec.5) An importer of plant must take all reasonable steps to— obtain the information the manufacturer is required to give an importer under subsection (4) ; and give that information to any person to whom the importer supplies the plant. Maximum penalty—60 penalty units. (sec.59-ssec.6) A supplier of plant must take all reasonable steps to— obtain the information the designer, manufacturer or importer is required to give a supplier under subsection (3) , (4) or (5) ; and give that information to any person to whom the supplier supplies the plant. Maximum penalty—60 penalty units.
A person conducting a business or undertaking must manage risks to health and safety relating to a musculoskeletal disorder associated with a hazardous manual task, under part 3.1 . WHS Act — section 19 (see section 9 ). In determining what control measures to implement under subsection (1) , the person conducting the business or undertaking must have regard to all relevant matters that may contribute to a musculoskeletal disorder, including— postures, movements, forces and vibration relating to the hazardous manual task; and the duration and frequency of the hazardous manual task; and workplace environmental conditions that may affect the hazardous manual task or the worker performing it; and the design of the work area; and the layout of the workplace; and the systems of work used; and the nature, size, weight or number of persons, animals or things involved in carrying out the hazardous manual task. (sec.60-ssec.1) A person conducting a business or undertaking must manage risks to health and safety relating to a musculoskeletal disorder associated with a hazardous manual task, under part 3.1 . WHS Act — section 19 (see section 9 ). (sec.60-ssec.2) In determining what control measures to implement under subsection (1) , the person conducting the business or undertaking must have regard to all relevant matters that may contribute to a musculoskeletal disorder, including— postures, movements, forces and vibration relating to the hazardous manual task; and the duration and frequency of the hazardous manual task; and workplace environmental conditions that may affect the hazardous manual task or the worker performing it; and the design of the work area; and the layout of the workplace; and the systems of work used; and the nature, size, weight or number of persons, animals or things involved in carrying out the hazardous manual task.
A designer of plant or a structure must ensure that the plant or structure is designed so as to eliminate the need for any hazardous manual task to be carried out in connection with the plant or structure. Maximum penalty—60 penalty units. If it is not reasonably practicable to comply with subsection (1) , the designer must ensure that the plant or structure is designed so that the need for any hazardous manual task to be carried out in connection with the plant or structure is minimised so far as is reasonably practicable. Maximum penalty—60 penalty units. The designer must give to each person who is provided with the design for the purpose of giving effect to it adequate information about the features of the plant or structure that eliminate or minimise the need for any hazardous manual task to be carried out in connection with the plant or structure. Maximum penalty—60 penalty units. A manufacturer of plant or a structure must ensure that the plant or structure is manufactured so as to eliminate the need for any hazardous manual task to be carried out in connection with the plant or structure. Maximum penalty—60 penalty units. If it is not reasonably practicable to comply with subsection (4) , the manufacturer must ensure that the plant or structure is manufactured so that the need for any hazardous manual task to be carried out in connection with the plant or structure is minimised so far as is reasonably practicable. Maximum penalty—60 penalty units. The manufacturer must give to each person to whom the manufacturer provides the plant or structure adequate information about the features of the plant or structure that eliminate or minimise the need for any hazardous manual task to be carried out in connection with the plant or structure. Maximum penalty—60 penalty units. An importer of plant or a structure must take all reasonable steps to— obtain the information the designer or manufacturer is required to give under subsection (3) or (6) ; and give that information to any person to whom the importer supplies the plant. Maximum penalty—60 penalty units. A supplier of plant or a structure must take all reasonable steps to— obtain the information the designer, manufacturer or importer is required to give under subsection (3) , (6) or (7) ; and give that information to any person to whom the supplier supplies the plant. Maximum penalty—60 penalty units. (sec.61-ssec.1) A designer of plant or a structure must ensure that the plant or structure is designed so as to eliminate the need for any hazardous manual task to be carried out in connection with the plant or structure. Maximum penalty—60 penalty units. (sec.61-ssec.2) If it is not reasonably practicable to comply with subsection (1) , the designer must ensure that the plant or structure is designed so that the need for any hazardous manual task to be carried out in connection with the plant or structure is minimised so far as is reasonably practicable. Maximum penalty—60 penalty units. (sec.61-ssec.3) The designer must give to each person who is provided with the design for the purpose of giving effect to it adequate information about the features of the plant or structure that eliminate or minimise the need for any hazardous manual task to be carried out in connection with the plant or structure. Maximum penalty—60 penalty units. (sec.61-ssec.4) A manufacturer of plant or a structure must ensure that the plant or structure is manufactured so as to eliminate the need for any hazardous manual task to be carried out in connection with the plant or structure. Maximum penalty—60 penalty units. (sec.61-ssec.5) If it is not reasonably practicable to comply with subsection (4) , the manufacturer must ensure that the plant or structure is manufactured so that the need for any hazardous manual task to be carried out in connection with the plant or structure is minimised so far as is reasonably practicable. Maximum penalty—60 penalty units. (sec.61-ssec.6) The manufacturer must give to each person to whom the manufacturer provides the plant or structure adequate information about the features of the plant or structure that eliminate or minimise the need for any hazardous manual task to be carried out in connection with the plant or structure. Maximum penalty—60 penalty units. (sec.61-ssec.7) An importer of plant or a structure must take all reasonable steps to— obtain the information the designer or manufacturer is required to give under subsection (3) or (6) ; and give that information to any person to whom the importer supplies the plant. Maximum penalty—60 penalty units. (sec.61-ssec.8) A supplier of plant or a structure must take all reasonable steps to— obtain the information the designer, manufacturer or importer is required to give under subsection (3) , (6) or (7) ; and give that information to any person to whom the supplier supplies the plant. Maximum penalty—60 penalty units.
This part applies to confined spaces that— are entered by any person; or are intended or likely to be entered by any person; or could be entered inadvertently by any person. In this part, a reference to a confined space in relation to a person conducting a business or undertaking is a reference to a confined space that is under the person’s management or control. (sec.62-ssec.1) This part applies to confined spaces that— are entered by any person; or are intended or likely to be entered by any person; or could be entered inadvertently by any person. (sec.62-ssec.2) In this part, a reference to a confined space in relation to a person conducting a business or undertaking is a reference to a confined space that is under the person’s management or control.
Sections 67 and 68 do not apply to the entry into a confined space by an emergency service worker if, at the direction of the emergency service organisation, the worker is— rescuing a person from the space; or providing first aid to a person in the space.
This section applies in relation to plant or a structure that includes a space that is, or is intended to be, a confined space. A designer, manufacturer, importer or supplier of the plant or structure, and a person who installs or constructs the plant or structure, must ensure that— the need for any person to enter the space and the risk of a person inadvertently entering the space are eliminated, so far as is reasonably practicable; or if it is not reasonably practicable to eliminate the need to enter the space or the risk of a person inadvertently entering the space— the need or risk is minimised so far as is reasonably practicable; and the space is designed with a safe means of entry and exit; and the risk to the health and safety of any person who enters the space is eliminated so far as is reasonably practicable or, if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable. WHS Act — section 22 , 23 , 24 , 25 or 26 as applicable (see section 9 ). (sec.64-ssec.1) This section applies in relation to plant or a structure that includes a space that is, or is intended to be, a confined space. (sec.64-ssec.2) A designer, manufacturer, importer or supplier of the plant or structure, and a person who installs or constructs the plant or structure, must ensure that— the need for any person to enter the space and the risk of a person inadvertently entering the space are eliminated, so far as is reasonably practicable; or if it is not reasonably practicable to eliminate the need to enter the space or the risk of a person inadvertently entering the space— the need or risk is minimised so far as is reasonably practicable; and the space is designed with a safe means of entry and exit; and the risk to the health and safety of any person who enters the space is eliminated so far as is reasonably practicable or, if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable. WHS Act — section 22 , 23 , 24 , 25 or 26 as applicable (see section 9 ).
A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that a worker does not enter a confined space before this division has been complied with in relation to that space. Maximum penalty—60 penalty units.
A person conducting a business or undertaking must, under part 3.1 , manage risks to health and safety associated with a confined space at a workplace including risks associated with entering, working in, on or in the vicinity of the confined space (including a risk of a person inadvertently entering the confined space). WHS Act — section 19 (see section 9 ). For general risk management requirements, see part 3.1 . A person conducting a business or undertaking must ensure that a risk assessment is conducted by a competent person for the purpose of subsection (1) . Maximum penalty—36 penalty units. The person must ensure that the risk assessment conducted under subsection (2) is recorded in writing. Maximum penalty— for an individual—12 1 / 2 penalty units; or for a body corporate—60 penalty units. For subsections (1) and (2) , the person conducting a business or undertaking must have regard to all relevant matters, including— whether the work can be carried out without the need to enter the confined space; and the nature of the confined space; and if the hazard is associated with the concentration of oxygen or the concentration of airborne contaminants in the confined space—any change that may occur in that concentration; and the work required to be carried out in the confined space, the range of methods by which the work can be carried out and the proposed method of working; and the type of emergency procedures, including rescue procedures, required. The person conducting a business or undertaking must ensure that a risk assessment under this section is reviewed and as necessary revised by a competent person to reflect any review and revision of control measures under part 3.1 . Maximum penalty for subsection (5) —36 penalty units. s 66 amd 2024 SL No. 15 s 2 sch 1 (sec.66-ssec.1) A person conducting a business or undertaking must, under part 3.1 , manage risks to health and safety associated with a confined space at a workplace including risks associated with entering, working in, on or in the vicinity of the confined space (including a risk of a person inadvertently entering the confined space). WHS Act — section 19 (see section 9 ). For general risk management requirements, see part 3.1 . (sec.66-ssec.2) A person conducting a business or undertaking must ensure that a risk assessment is conducted by a competent person for the purpose of subsection (1) . Maximum penalty—36 penalty units. (sec.66-ssec.3) The person must ensure that the risk assessment conducted under subsection (2) is recorded in writing. Maximum penalty— for an individual—12 1 / 2 penalty units; or for a body corporate—60 penalty units. (sec.66-ssec.4) For subsections (1) and (2) , the person conducting a business or undertaking must have regard to all relevant matters, including— whether the work can be carried out without the need to enter the confined space; and the nature of the confined space; and if the hazard is associated with the concentration of oxygen or the concentration of airborne contaminants in the confined space—any change that may occur in that concentration; and the work required to be carried out in the confined space, the range of methods by which the work can be carried out and the proposed method of working; and the type of emergency procedures, including rescue procedures, required. (sec.66-ssec.5) The person conducting a business or undertaking must ensure that a risk assessment under this section is reviewed and as necessary revised by a competent person to reflect any review and revision of control measures under part 3.1 . Maximum penalty for subsection (5) —36 penalty units.
A person conducting a business or undertaking at a workplace must not direct a worker to enter a confined space to carry out work unless the person has issued a confined space entry permit for the work. Maximum penalty—60 penalty units. A confined space entry permit must— be completed by a competent person; and be in writing; and state the following— the confined space to which the permit relates; the names of persons permitted to enter the space; the period of time during which the work in the space will be carried out; measures to control risk associated with the proposed work in the space; and contain space for an acknowledgement that work in the confined space has been completed and that all persons have left the confined space. The control measures stated in a confined space permit must— be based on a risk assessment conducted under section 66 ; and include— control measures to be implemented for safe entry; and details of the system of work provided under section 69 . The person conducting a business or undertaking must ensure that, when the work for which the entry permit was issued is completed— all workers leave the confined space; and the acknowledgement mentioned in subsection (2) (d) is completed by the competent person. Maximum penalty for subsection (4) —60 penalty units. (sec.67-ssec.1) A person conducting a business or undertaking at a workplace must not direct a worker to enter a confined space to carry out work unless the person has issued a confined space entry permit for the work. Maximum penalty—60 penalty units. (sec.67-ssec.2) A confined space entry permit must— be completed by a competent person; and be in writing; and state the following— the confined space to which the permit relates; the names of persons permitted to enter the space; the period of time during which the work in the space will be carried out; measures to control risk associated with the proposed work in the space; and contain space for an acknowledgement that work in the confined space has been completed and that all persons have left the confined space. (sec.67-ssec.3) The control measures stated in a confined space permit must— be based on a risk assessment conducted under section 66 ; and include— control measures to be implemented for safe entry; and details of the system of work provided under section 69 . (sec.67-ssec.4) The person conducting a business or undertaking must ensure that, when the work for which the entry permit was issued is completed— all workers leave the confined space; and the acknowledgement mentioned in subsection (2) (d) is completed by the competent person. Maximum penalty for subsection (4) —60 penalty units.
A person conducting a business or undertaking must ensure that signs that comply with subsection (2) are erected— immediately before work in a confined space commences and while the work is being carried out; and while work is being carried out in preparation for, and in the completion of, work in a confined space. Maximum penalty—36 penalty units. The signs must— identify the confined space; and inform workers that they must not enter the space unless they have a confined space entry permit; and be clear and prominently located next to each entry to the space. (sec.68-ssec.1) A person conducting a business or undertaking must ensure that signs that comply with subsection (2) are erected— immediately before work in a confined space commences and while the work is being carried out; and while work is being carried out in preparation for, and in the completion of, work in a confined space. Maximum penalty—36 penalty units. (sec.68-ssec.2) The signs must— identify the confined space; and inform workers that they must not enter the space unless they have a confined space entry permit; and be clear and prominently located next to each entry to the space.
A person conducting a business or undertaking must ensure that a worker does not enter a confined space to carry out work unless the person provides a system of work that includes— continuous communication with the worker from outside the space; and monitoring of conditions within the space by a standby person who is in the vicinity of the space and, if practicable, observing the work being carried out. Maximum penalty—60 penalty units.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This regulation may be cited as the Work Health and Safety Regulation 2011 .
Section 142 commences on 1 July 2012. Section 343 commences on 1 January 2013. The following provisions commence on 1 January 2014— section 48 ; sections 432 and 433 . The following provisions commence on 1 January 2016— part 8.5 , division 1 ; chapter 14 . The following provisions commence on the commencement of the Waste Reduction and Recycling Act 2011 , section 103 — section 492 (2) (i) (ii) ; section 500 (b) (ii) . The remaining provisions commence on the commencement of section 277 (Repeal of Workplace Health and Safety Act 1995) of the Act . s 2 amd 2012 SL No. 203 s 3 ; 2013 SL No. 222 s 4 ; 2014 SL No. 60 s 17 ; 2014 SL No. 238 s 3 ; 2015 SL No. 169 s 3 ; 2016 SL No. 229 s 18 ; 2018 SL No. 216 s 9 ; 2020 SL No. 252 s 3 (sec.2-ssec.1) Section 142 commences on 1 July 2012. (sec.2-ssec.2) Section 343 commences on 1 January 2013. (sec.2-ssec.2A) The following provisions commence on 1 January 2014— section 48 ; sections 432 and 433 . (sec.2-ssec.2B) The following provisions commence on 1 January 2016— part 8.5 , division 1 ; chapter 14 . (sec.2-ssec.3) The following provisions commence on the commencement of the Waste Reduction and Recycling Act 2011 , section 103 — section 492 (2) (i) (ii) ; section 500 (b) (ii) . (sec.2-ssec.4) The remaining provisions commence on the commencement of section 277 (Repeal of Workplace Health and Safety Act 1995) of the Act .
The numbering of provisions of this regulation closely corresponds to the same numbering of regulations in model regulations prepared for and approved by the Council of Australian Governments. To maximise uniformity between this regulation and the model regulations, the numbers of some regulations in the model regulations that are not relevant have not been used in the numbering of provisions of this regulation, unless required for provisions particular to the State. Adoption of the numbering of the model regulations also results in alphanumeric numbering being used to insert further provisions particular to the State.
See note to section 3 .
The dictionary in schedule 19 defines particular words used in this regulation.
The regulator may make a determination for the purposes of the definition of certified safety management system .
For 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. Subsection (1) does not apply if the strata title body corporate engages any worker as an employee. For 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 1 or more community purposes; and the incorporated association, either alone or jointly with another similar incorporated association, does not employ a person to carry out work for the incorporated association; and none of the volunteers, whether alone or jointly with any other volunteers, employs a person to carry out work for the incorporated association. In this section— strata title body corporate means a body corporate under— the Body Corporate and Community Management Act 1997 , schedule 6 ; or the Integrated Resort Development Act 1987 , schedule 3 , section 1 ; or the Mixed Use Development Act 1993 ; or the Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980 ; or the Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984 ; or the Sanctuary Cove Resort Act 1985 , schedule 3 , section 1 . s 7 amd 2013 SL No. 222 s 5 (sec.7-ssec.1) For 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. (sec.7-ssec.2) Subsection (1) does not apply if the strata title body corporate engages any worker as an employee. (sec.7-ssec.3) For 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 1 or more community purposes; and the incorporated association, either alone or jointly with another similar incorporated association, does not employ a person to carry out work for the incorporated association; and none of the volunteers, whether alone or jointly with any other volunteers, employs a person to carry out work for the incorporated association. (sec.7-ssec.4) In this section— strata title body corporate means a body corporate under— the Body Corporate and Community Management Act 1997 , schedule 6 ; or the Integrated Resort Development Act 1987 , schedule 3 , section 1 ; or the Mixed Use Development Act 1993 ; or the Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980 ; or the Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984 ; or the Sanctuary Cove Resort Act 1985 , schedule 3 , section 1 .
For 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. an auctioneer who auctions a thing without having possession of the thing real estate agent acting in his or her capacity as a real estate agent
If a note at the foot of a provision of this regulation states ‘WHS 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. A failure to comply with a duty or obligation under a section of the Act mentioned in a ‘WHS Act’ note is an offence to which a penalty applies.
The following provisions of the Act are excluded from the operation of schedule 1 to the Act — part 5 , divisions 2 to 8 ; part 6 ; part 7 .
A duty imposed on a person under a provision of this regulation 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 this regulation.
If this regulation requires 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— all hazards, tasks, things or circumstances in the class are the same; and 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.
A reference to any document applied, adopted or incorporated by, or referred to in, this regulation 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.
If a provision of any document applied, adopted or incorporated by, or referred to in, this regulation is inconsistent with any provision this regulation, the provision of this regulation prevails.
In this regulation, 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. In this regulation, 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. (sec.15-ssec.1) In this regulation, 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. (sec.15-ssec.2) In this regulation, 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.
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— most effectively and conveniently enables the interests of the workers, in relation to work health and safety, to be represented; and has regard to the need for a health and safety representative for the work group to— be readily accessible to each other worker in the work group; and carry out the same or a similar type of work to each other worker in the work group. For subsection (1) (b) (i) , a health and safety representative is readily accessible to a worker in the work group if the health and safety representative— works— at the same workplace as the worker; or at a workplace from which the health and safety representative can attend the worker’s workplace within a reasonable time; and works the same or a similar pattern of work to the worker. Under the Act , a work group may be determined for workers at more than one workplace ( section 51 (3)) or for workers carrying out work for two or more persons conducting businesses or undertakings at one or more workplaces ( part 5 , division 3 , subdivision 3 ). s 16 amd 2024 SL No. 128 s 8 (sec.16-ssec.1) 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— most effectively and conveniently enables the interests of the workers, in relation to work health and safety, to be represented; and has regard to the need for a health and safety representative for the work group to— be readily accessible to each other worker in the work group; and carry out the same or a similar type of work to each other worker in the work group. (sec.16-ssec.2) For subsection (1) (b) (i) , a health and safety representative is readily accessible to a worker in the work group if the health and safety representative— works— at the same workplace as the worker; or at a workplace from which the health and safety representative can attend the worker’s workplace within a reasonable time; and works the same or a similar pattern of work to the worker.
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