Part 1Preliminary

Chapter 1—Preliminary Part 1—Introductory matters 1—Short title These regulations may be cited as the Work Health and Safety Regulations 2012. 3—Authorising provisions Regulation 3 appears in some corresponding WHS laws but is not required in this State. 4—Revocation Regulation 4 appears in some corresponding WHS laws but is not required in this State. 5—Definitions In these regulations— abrasive blasting means propelling a stream of abrasive material at high speed against a surface using compressed air, liquid, steam, centrifugal wheels or paddles to clean, abrade, etch or otherwise change the original appearance or condition of the surface; accredited assessor means— (a) a person who is accredited under Chapter 4 Part 5 to conduct assessments; or (b) the regulator; Act means the Work Health and Safety Act 2012; ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, approved by the Transport and Infrastructure Council, as in force or remade from time to time; The ADG Code is accessible at www.ntc.gov.au. administrative control means a method of work, a process or a procedure designed to minimise risk, but does not include— (a) an engineering control; or (b) the use of personal protective equipment; Agvet Code means, in Chapter 7 Part 1, the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 of the Commonwealth; airborne contaminant means a contaminant in the form of a fume, mist, gas, vapour or dust, and includes micro-organisms; amusement device means plant operated for hire or reward that provides entertainment, sightseeing or amusement through movement of the equipment, or part of the equipment, or when passengers or other users travel or move on, around or along the equipment, but does not include— (a) a miniature train and railway system owned and operated by a model railway society, club or association; or (b) a ride or device that is used as a form of transport and that is, in relation to its use for that purpose, regulated under another Act or an Act of the Commonwealth; or (c) a boat or flotation device— (i) that is solely propelled by a person who is in or on the boat or device; and (ii) that is not attached to any mechanical elements or equipment outside the boat or device, and that does not rely on any artificial flow of water to move; or (d) any plant specifically designed for a sporting, professional stunt, theatrical or acrobatic purpose or activity; or (e) a coin-operated or token‑operated device that— (i) is intended to be ridden, at the one time, by not more than 4 children who must be below the age of 10 years; and (ii) is usually located in a shopping centre or similar public location; and (iii) does not necessarily have an operator; article means a manufactured item, other than a fluid or particle, that— (a) is formed into a particular shape or design during manufacture; and (b) has hazard properties and a function that are wholly or partly dependent on the shape or design; asbestos means the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock forming minerals including the following: (a) actinolite asbestos; (b) grunerite (or amosite) asbestos (brown); (c) anthophyllite asbestos; (d) chrysotile asbestos (white); (e) crocidolite asbestos (blue); (f) tremolite asbestos; (g) a mixture that contains 1 or more of the minerals referred to in paragraphs (a) to (f); asbestos containing material (ACM) means any material or thing that, as part of its design, contains asbestos; asbestos‑contaminated dust or debris (ACD) means dust or debris that has settled within a workplace and is, or is assumed to be, contaminated with asbestos; asbestos management plan—see regulation 429 or 432; asbestos register—see regulation 425; asbestos‑related work means work involving asbestos (other than asbestos removal work to which Chapter 8 Part 7 applies) that is permitted under the exceptions set out in regulation 419(3), (4) and (5); asbestos removal licence means a Class A asbestos removal licence or a Class B asbestos removal licence; asbestos removal work means— (a) work involving the removal of asbestos or ACM; or (b) in Chapter 8 Part 10, Class A asbestos removal work or Class B asbestos removal work; asbestos removalist means a person conducting a business or undertaking who carries out asbestos removal work; asbestos waste means asbestos or ACM removed and disposable items used during asbestos removal work including plastic sheeting and disposable tools; biological monitoring means— (a) the measurement and evaluation of a substance, or its metabolites, in the body tissue, fluids or exhaled air of a person exposed to the substance; or (b) blood lead level monitoring; blood lead level means the concentration of lead in whole blood expressed in micromoles per litre (ìmol/L) or micrograms per decilitre (ìg/dL); blood lead level monitoring means the testing of the venous or capillary blood of a person by a laboratory accredited by NATA, under the supervision of a registered medical practitioner, to determine the blood lead level; boiler means— (a) a vessel, or an arrangement of vessels and interconnecting parts, in which steam or vapour is generated or in which water or other liquid is heated at a pressure above that of the atmosphere by the application of fire, the products of combustion, electrical power or similar high temperature means; and (b) the superheaters, reheaters, economisers, boiler piping, supports, mountings, valves, gauges, fittings, controls, boiler setting and other equipment directly associated with those vessels, but does not include— (c) except in Schedule 3 and Schedule 4, a fully flooded or pressurised system where water or another liquid is heated to a temperature lower than the normal atmospheric boiling temperature of the liquid; or (d) for the purposes of Chapter 5 Part 2 and Part 3 and in Schedule 3 and Schedule 4, a boiler designed or manufactured to the following codes: (i) AMBSC Part 1 —Australian Miniature Boiler Safety Committee Code for Copper Boilers; (ii) AMBSC Part 2 —Australian Miniature Boiler Safety Committee Code for Steel Boilers; (iii) AMBSC Part 3 —Australian Miniature Boiler Safety Committee Code for Sub‑Miniature Boilers; (iv) AMBSC Part 4 —Australian Miniature Boiler Safety Committee Code for Duplex Steel Boilers; or (e) in Schedule 3 and Schedule 4— (i) a direct fired process heater; or (ii) boilers with less than 5 square metres heating surface or 150 kilowatt output; or (iii) unattended boilers certified in compliance with AS 2593:2021 (Boilers—Safety management and supervision systems); boom‑type elevating work platform means a telescoping device, hinged device, or articulated device, or any combination of these, used to support a platform on which personnel, equipment and materials may be elevated; bridge crane means a crane that— (a) consists of a bridge beam or beams, that are mounted to end carriages at each end; and (b) is capable of travelling along elevated runways; and (c) has 1 or more hoisting mechanisms arranged to traverse across the bridge; building maintenance equipment means a suspended platform and associated equipment, including a building maintenance unit or a swing stage, that incorporates permanently installed overhead supports to provide access to the faces of a building for maintenance, but does not include a suspended scaffold; building maintenance unit means a power operated suspended platform and associated equipment on a building specifically designed to provide permanent access to the faces of the building for maintenance; bulk, in relation to a hazardous chemical, means any quantity of a hazardous chemical that is— (a) in a container with a capacity exceeding 500 litres or net mass of more than 500 kilograms; or (b) if the hazardous chemical is a solid—an undivided quantity exceeding 500 kilograms; C1 combustible liquid means, in Chapter 7 Part 1, combustible liquid that has a flash point of 150°C or less; capacity, of a container (in Chapter 7), means the internal volume of the container at a temperature of 15°C expressed in litres; card holder means the person to whom a general construction induction training card is issued; certificate of medical fitness means a certificate of medical fitness that complies with regulation 169; certification, in relation to a specified VET course, means— (a) a statement of attainment issued by an RTO stating that the person to whom it is issued has successfully completed the specified VET course; or (b) in the case of high risk work—a notice of satisfactory assessment stating that the person to whom it is issued has successfully completed the specified VET course; or (c) an equivalent statement or notice issued by a corresponding RTO; certified safety management system, in Chapter 8, means a safety management system that complies with AS 4801:2001 (Occupational health and safety management systems), or an equivalent system determined by the regulator; chemical identity means a name, in accordance with the nomenclature systems of the International Union of Pure and Applied Chemistry or the Chemical Abstracts Service, or a technical name, that gives a chemical a unique identity; class means— (a) in relation to high risk work, a class of work specified in Schedule 3; (b) in relation to asbestos removal work, Class A asbestos removal work or Class B asbestos removal work; Class A asbestos removal licence means a licence that authorises the carrying out of Class A asbestos removal work and Class B asbestos removal work by or on behalf of the licence holder; Class A asbestos removal work means work that is required to be licensed under regulation 485; Class B asbestos removal licence means a licence that authorises the carrying out of Class B asbestos removal work by or on behalf of the licence holder; Class B asbestos removal work means work that is required to be licensed under regulation 487, but does not include Class A asbestos removal work; class label means a pictogram described in the ADG Code for a class, or division of a class, of dangerous goods; clearance certificate—see regulation 474; clearance inspection—see regulation 473; combustible dust means finely divided solid particles (including dust, fibres or flyings), that are— (a) suspended in air or settle out of the atmosphere under their own weight; and (b) able to burn or glow in air; and (c) able to form an explosive mixture with air at atmospheric pressure and normal temperature; combustible liquid means a liquid, other than a flammable liquid, that has a flash point, and a fire point, less than its boiling point; combustible substance means a substance that is combustible, and includes dust, fibres, fumes, mists or vapours produced by the substance; Wood, paper, oil, iron filings. competency assessment, in Chapter 4 Part 5, means an assessment in relation to the completion of a specified VET course to carry out a class of high risk work; competent person means— (a) for electrical work on energised electrical equipment or energised electrical installations (other than testing referred to in regulations 150 and 165)—a person registered to undertake the work under the Plumbers, Gas Fitters and Electricians Act 1995; (b) for general diving work—see regulations 174 and 177; (c) for a major inspection of mobile cranes and tower cranes under regulation 235—see regulation 235; (d) for inspection of amusement devices and passenger ropeways under regulation 241—see regulation 241; (e) for design verification under regulation 252—a person who has the skills, qualifications, competence and experience to design the plant or verify the design; (f) for a clearance inspection under regulation 473—a person who has acquired through training or experience the knowledge and skills of relevant asbestos removal industry practice and holds— (i) a certification in relation to the specified VET course for asbestos assessor work; or (ii) a tertiary qualification in occupational health and safety, occupational hygiene, science, building, construction or environmental health; (g) for any other case—a person who has acquired through training, qualification or experience the knowledge and skills to carry out the task; concrete placing boom means plant incorporating an articulating boom, capable of power operated slewing and luffing to place concrete by way of pumping through a pipeline attached to, or forming part of, the boom of the plant; confined space means an enclosed or partially enclosed space that— (a) is not designed or intended primarily to be occupied by a person; and (b) is, or is designed or intended to be, at normal atmospheric pressure while any person is in the space; and (c) is or is likely to be a risk to health and safety from— (i) an atmosphere that does not have a safe oxygen level; or (ii) contaminants, including airborne gases, vapours and dusts, that may cause injury from fire or explosion; or (iii) harmful concentrations of any airborne contaminants; or (iv) engulfment, but does not include a mine shaft or the workings of a mine; confined space entry permit means a confined space entry permit issued under regulation 67; construction project—see regulation 292; construction work—see regulation 289; consumer product means a thing that— (a) is packed or repacked primarily for use by a household consumer or for use in an office; and (b) if the thing is packed or repacked primarily for use by a household consumer—is packed in the way and quantity in which it is intended to be used by a household consumer; and (c) if the thing is packed or repacked primarily for use in an office—is packed in the way and quantity in which it is intended to be used for office work; container, in relation to a hazardous chemical, means anything in or by which a hazardous chemical is, or has been, wholly or partly covered, enclosed or packed, including anything necessary for the container to perform its function as a container; contaminant means any substance that may be harmful to health or safety; controlled, in relation to the processing of a CSS—see regulation 529B; control measure, in relation to a risk to health and safety, means a measure to eliminate or minimise the risk; conveyor means equipment or apparatus operated by power other than manual power and by which loads are raised, lowered or transported or capable of being raised, lowered, transported, or continuously driven, by— (a) an endless belt, rope or chain or other similar means; or (b) buckets, trays or other containers or fittings moved by an endless belt, rope, chain or similar means; or (c) a rotating screw; or (d) a vibration or walking beam; or (e) a powered roller conveyor if the rollers are driven by an endless belt, rope or chain or other similar means, and includes the superstructure, gear and auxiliary equipment used in connection with that equipment or apparatus; correct classification means the set of hazard classes and hazard categories assigned to a hazardous chemical when it is correctly classified; Part 1 of Schedule 9 sets out when a hazardous chemical is correctly classified. crane means an appliance intended for raising or lowering a load and moving it horizontally including the supporting structure of the crane and its foundations, but does not include any of the following: (a) an industrial lift truck; (b) earthmoving machinery; (c) an amusement device; (d) a tractor; (e) an industrial robot; (f) a conveyor; (g) building maintenance equipment; (h) a suspended scaffold; (i) a lift; crystalline silica—see regulation 529A; crystalline silica substance (CSS)—see regulation 529A; current certificate of medical fitness means a certificate of medical fitness that— (a) was issued within the past 12 months; and (b) has not expired or been revoked; demolition work means work to demolish or dismantle a structure, or part of a structure that is loadbearing or otherwise related to the physical integrity of the structure, but does not include— (a) the dismantling of formwork, falsework, or other structures designed or used to provide support, access or containment during construction work; or (b) the removal of power, light or telecommunication poles; derrick crane means a slewing strut‑boom crane with its boom pivoted at the base of a mast that is— (a) guyed (guy‑derrick) or held by backstays (stiff‑legged derrick); and (b) capable of luffing under load; designer, in relation to plant, a substance or a structure, has the same meaning as it has in section 22 of the Act; determined major hazard facility means a facility that has been determined under regulation 541 or 542 to be a major hazard facility; direct fired process heater means an arrangement of 1 or more coils, located in the radiant zone or convection zone, or both, of a combustion chamber, the primary purpose of which is to raise the temperature of a process fluid circulated through the coils, to allow distillation, fractionalism, reaction or other petrochemical processing of the process fluid, whether that fluid is liquid or gas, or a combination of liquid and gas; dogging work means— (a) the application of slinging techniques, including the selection and inspection of lifting gear, to safely sling a load; or (b) the directing of a plant operator in the movement of a load when the load is out of the operator's view; duty holder, in Chapter 3 Part 1, means a person referred to in regulation 32; EANx, in Chapter 4 Part 8, means a mixture of oxygen and nitrogen in which the volume of oxygen is at least 22%; earthmoving machinery means operator controlled plant used to excavate, load, transport, compact or spread earth, overburden, rubble, spoil, aggregate or similar material, but does not include a tractor or industrial lift truck; electrical equipment—see regulation 144 (and regulation 148 for Division 3 of Chapter 4 Part 7); electrical installation—see regulation 145 (and regulation 148 for Division 3 of Chapter 4 Part 7); electrical risk means risk to a person of death, shock or other injury caused directly or indirectly by electricity; electrical work—see regulation 146; electricity supply authority means an electricity entity within the meaning of the Electricity Act 1996 that is licensed to carry on, or is exempted under that Act from the requirement to hold a licence authorising the entity to carry on, the following operations: (a) the generation of electricity; (b) the operation of a transmission or distribution network; emergency service organisation means— (a) an emergency services organisation within the meaning of the Fire and Emergency Services Act 2005; and (b) SA Ambulance Service Inc; and (c) South Australia Police; and (d) in relation to a particular emergency within the meaning of the Emergency Management Act 2004—the control agency for the emergency under that Act; engineered stone—see regulation 529A(1); engineering control means a control measure that is physical in nature, including a mechanical device or process; entry, by a person into a confined space, means the person's head or upper body is in the confined space or within the boundary of the confined space; essential services means the supply of— (a) gas, water, sewerage, telecommunications, electricity and similar services; or (b) chemicals, fuel and refrigerant in pipes or lines; excavation means a trench, tunnel or shaft, but does not include— (a) a mine; or (b) a well within the meaning of the Natural Resources Management Act 2004; (c) a trench for use as a place of interment; excavation work means work to— (a) make an excavation; or (b) fill or partly fill an excavation; exploration site, in Chapter 10, means a place where activities are carried out for the purpose of exploring for minerals by mechanical means that disturb the ground; exposure standard, except in Chapter 4 Part 1, means an exposure standard in the Workplace Exposure Standards for Airborne Contaminants; exposure standard for noise—see regulation 56; external review means an external review under Chapter 11 Part 1; extraction site, in Chapter 10, means a place where activities are carried out for the purpose of extracting minerals from the ground or injecting minerals into the ground; extra-low voltage means voltage that does not exceed 50 volts alternating current (50V AC) or 120 volts ripple‑free direct current (120V ripple‑free DC); facility, in Chapter 9, means a workplace at which Schedule 15 chemicals are present or likely to be present; fall arrest system means plant or material designed to arrest a fall; An industrial safety net, a catch platform, a safety harness system (other than a system that relies entirely on a restraint technique system). fault, in relation to plant, means a break or defect that may cause the plant to present a risk to health and safety; female of reproductive capacity, in Chapter 7 Part 2, means a female other than a female who provides information stating that she is not of reproductive capacity; fire risk hazardous chemical means a hazardous chemical that— (a) is any of the following: (i) a flammable gas; (ii) a flammable liquid (hazard category 1 to 3); (iii) a flammable solid; (iv) a substance liable to spontaneous combustion; (v) a substance which, in contact with water, emits flammable gases; (vi) an oxidizing substance; (vii) an organic peroxide; and (b) burns readily or supports combustion; fitness criteria, in relation to diving work, means the fitness criteria specified in clause M4 of Appendix M to AS/NZS 2299.1:2015 (Occupational diving operations—Standard operational practice); flammable gas has the same meaning as it has in the GHS; flammable liquid means a flammable liquid within the meaning of the GHS that has a flash point of less than 93°C; forklift truck, in Schedule 3 and Schedule 4, means a powered industrial truck equipped with lifting media made up of a mast and an elevating load carriage to which is attached a pair of fork arms or other arms that can be raised 900mm or more above the ground, but does not include a pedestrian‑operated truck or a pallet truck; friable asbestos means material that— (a) is in a powder form or that can be crumbled, pulverised or reduced to a powder by hand pressure when dry; and (b) contains asbestos; gantry crane means a crane that— (a) consists of a bridge beam or beams supported at 1 or both ends by legs mounted to end carriages; (b) is capable of travelling on supporting surfaces or deck levels, whether fixed or not; and (c) has a crab with 1 or more hoisting units arranged to travel across the bridge; gas cylinder means a rigid vessel— (a) that does not exceed 3 000 litres water capacity and is without openings or integral attachments on the shell other than at the ends; and (b) that is designed for the storage and transport of gas under pressure; and (c) that is covered by AS 2030.1:2009 (Gas cylinders—General requirements); general construction induction training means training delivered in Australia by an RTO for the specified VET course for general construction induction training; general construction induction training card means— (a) in Division 2 of Chapter 6 Part 5—a general construction induction training card issued under that Division; (b) in any other case—a general construction induction training card issued— (i) under Division 2 of Chapter 6 Part 5 or under a corresponding WHS law; or (ii) by an RTO under an agreement between the regulator and an RTO or a corresponding regulator and an RTO; general construction induction training certification means a certification for the completion of the specified VET course for general construction induction training; general diving work means work carried out in or under water while breathing compressed gas, and includes— (a) incidental diving work; and (b) limited scientific diving work, but does not include high risk diving work; genuine research means systematic investigative or experimental activities that are carried out for either acquiring new knowledge (whether or not the knowledge will have a specific practical application) or creating new or improved materials, products, devices, processes or services; GHS means the Globally Harmonised System of Classification and Labelling of Chemicals, Seventh revised edition, published by the United Nations as modified under Schedule 6; GHS 3 means the Globally Harmonised System of Classification and Labelling of Chemicals, Third revised edition, published by the United Nations as modified under Schedule 6; The Schedule 6 tables replace some tables in GHS 3. hazard category means a division of criteria within a hazard class in the GHS; hazard class means the nature of a physical, health or environmental hazard under the GHS; hazard pictogram means a graphical composition, including a symbol plus other graphical elements, that is assigned in the GHS to a hazard class or hazard category; hazard statement means a statement assigned in the GHS to a hazard class or hazard category describing the nature of the hazards of a hazardous chemical including, if appropriate, the degree of hazard; hazardous area means an area in which— (a) an explosive gas is present in the atmosphere in a quantity that requires special precautions to be taken for the construction, installation and use of plant; or (b) a combustible dust is present, or could reasonably be expected to be present, in the atmosphere in a quantity that requires special precautions to be taken for the construction, installation and use of plant; hazardous chemical means a substance, mixture or article that satisfies the criteria for any 1 or more hazard classes in the GHS (including a classification referred to in Schedule 6), unless the only hazard class or classes for which the substance, mixture or article satisfies the criteria are any 1 or more of the following: (a) acute toxicity—oral—category 5; (b) acute toxicity—dermal—category 5; (c) acute toxicity—inhalation—category 5; (d) skin corrosion/irritation—category 3; (e) aspiration hazard—category 2; (f) flammable gas—category 2; (g) acute hazard to the aquatic environment—category 1, 2 or 3; (h) chronic hazard to the aquatic environment—category 1, 2, 3 or 4; (i) hazardous to the ozone layer; hazardous manual task means a task that requires a person to lift, lower, push, pull, carry or otherwise move, hold or restrain any person, animal or thing that involves 1 or more of the following: (a) repetitive or sustained force; (b) high or sudden force; (c) repetitive movement; (d) sustained or awkward posture; (e) exposure to vibration; 1 A task requiring a person to restrain live animals. 2 A task requiring a person to lift or move loads that are unstable or unbalanced or are difficult to grasp or hold. 3 A task requiring a person to sort objects on a conveyor belt. Hazchem Code means a Hazchem Code under the ADG Code, also known as an Emergency Action Code; head or upper body means the area of a person's body at or above the person's shoulders; health monitoring, of a person, means monitoring the person to identify changes in the person's health status because of exposure to certain substances; heritage boiler means a boiler that— (a) was manufactured before 1952; and (b) is used for a historical purpose or activity, including an activity that is ancillary to a historical activity;