Part 5Plant and structures

Chapter 5—Plant and structures Part 1—General duties for plant and structures If a jurisdiction enacts Schedule 1 of the Act, this Part will extend to plant outside the workplace as provided for in that Schedule. 185—Application of Chapter 5 Part 1 to plant (1) Subject to this regulation, this Part applies to all plant. (2) Subject to subregulation (3), this Part does not apply to plant that— (a) relies exclusively on manual power for its operation; and (b) is designed to be primarily supported by hand. (3) This Part applies to explosive power tools that are designed to be supported by hand. 186—Application of Chapter 5 Part 1 to structures This Part applies to structures as provided in this Part. Division 2—Duties of persons conducting businesses or undertakings that design plant 187—Provision of information to manufacturer A designer of plant must ensure, when the design of the plant is made available to the manufacturer of the plant, that the manufacturer is provided with— (a) information to enable the plant to be manufactured in accordance with the design specifications; and (b) if applicable, information about— (i) the installation, commissioning, decommissioning, use, handling, storage and, if the plant is capable of being dismantled, dismantling of the plant; and (ii) the hazards and risks associated with the use of the plant that the designer has identified; and (iii) testing or inspections to be carried out on the plant; and (iv) the systems of work and competency of operators that are necessary for the safe use of the plant; and (v) the emergency procedures (if any) that are required to be implemented if there is a malfunction of the plant. A designer also has duties under section 22 of the Act. 188—Hazard identified in design during manufacture If a manufacturer of plant informs the designer of the plant that there is a hazard in the design of plant for which the designer has not provided a control measure, the designer must— (a) revise the information originally supplied to the manufacturer to ensure that— (i) the risk is eliminated so far as is reasonably practicable; or (ii) if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable; or (b) notify the manufacturer, in writing, that the designer is of the opinion that it is not necessary to revise the information originally supplied to the manufacturer to ensure compliance with this Part. A designer also has duties under section 22 of the Act. 189—Guarding (1) This regulation applies if a designer of plant uses guarding as a control measure. (2) The designer must ensure, so far as is reasonably practicable, that the guarding designed for that purpose will prevent access to the danger point or danger area of the plant. (3) The designer must ensure that— (a) if access to the area of the plant requiring guarding is not necessary during operation, maintenance or cleaning of the plant—the guarding is a permanently fixed physical barrier; or (b) if access to the area of the plant requiring guarding is necessary during operation, maintenance or cleaning of the plant—the guarding is an interlocked physical barrier that allows access to the area being guarded at times when that area does not present a risk and prevents access to that area at any other time; or (c) if it is not reasonably practicable to use guarding referred to in paragraph (a) or (b)—the guarding used is a physical barrier that can only be altered or removed by the use of tools; or (d) if it is not reasonably practicable to use guarding referred to in paragraph (a), (b) or (c)—the design includes a presence‑sensing safeguarding system that eliminates any risk arising from the area of the plant requiring guarding while a person or any part of a person is in the area being guarded. (4) The designer must ensure that the guarding is designed— (a) to be of solid construction and securely mounted so as to resist impact or shock; and (b) to make bypassing or disabling of the guarding, whether deliberately or by accident, as difficult as is reasonably practicable; and (c) so as not to cause a risk in itself. (5) If the plant to be guarded contains moving parts and those parts may break or cause workpieces to be ejected from the plant, the designer must ensure, so far as is reasonably practicable, that the guarding will control any risk from those broken or ejected parts and workpieces. (6) Despite anything to the contrary in this regulation, the designer must ensure— (a) that the guarding is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation; and (b) if the guarding is removed, that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced. 190—Operational controls (1) A designer of plant must ensure that the design provides for any operator's controls for the plant to be— (a) identified on the plant so as to indicate their nature and function and direction of operation; and (b) located so as to be readily and conveniently operated by each person using the plant; and (c) located or guarded to prevent unintentional activation; and (d) able to be locked into the "off" position to enable the disconnection of all motive power. (2) If the need for plant to be operated during maintenance or cleaning cannot be eliminated, the designer of the plant must ensure that the design provides for operator's controls that: (a) permit operation of the plant while a person is undertaking the maintenance or cleaning of the plant; and (b) while the plant is being maintained or cleaned, cannot be operated by any person other than the person who is carrying out the maintenance or cleaning of the plant; and (c) will allow operation of the plant in such a way that any risk associated with the activities in relation to any person who is carrying out the maintenance or cleaning— (i) is eliminated so far as is reasonably practicable; or (ii) if it is not reasonably practicable to eliminate the risk, is minimised so far as is reasonably practicable. 191—Emergency stop controls (1) If plant is designed to be operated or attended by more than 1 person and more than 1 emergency stop control is fitted, the designer of the plant must ensure that the design provides for the multiple emergency stop controls to be of the "stop and lock‑off" type so that the plant cannot be restarted after an emergency stop control has been used unless that emergency stop control is reset. (2) If the design of the plant includes an emergency stop control for the plant, the designer of the plant must ensure that the design provides— (a) for the stop control to be prominent, clearly and durably marked and immediately accessible to each operator of the plant; and (b) for any handle, bar or push button associated with the stop control to be coloured red; and (c) that the stop control cannot be adversely affected by electrical or electronic circuit malfunction. 192—Warning devices (1) This regulation applies if the design of plant includes an emergency warning device or it is necessary to include an emergency warning device to minimise risk. (2) The designer of the plant must ensure that the design provides for the device to be positioned on the plant to ensure the device will work to best effect. Division 3—Duties of persons conducting businesses or undertakings that manufacture plant 193—Control of risk (1) A manufacturer of plant must ensure the following: (a) that the plant is manufactured and inspected having regard to the information provided to the manufacturer by the designer of the plant under the Act and these regulations; (b) if the information provided to the manufacturer by the designer of the plant under the Act and these regulations requires the plant to be tested—that the plant is tested in accordance with that information; (c) if, during the manufacturing process, any hazard is identified in the design of the plant for which the designer has not provided a control measure— (i) that the hazard is not incorporated into the manufacture of the plant; and (ii) that the designer of the plant is given written notice of the hazard as soon as practicable; and (iii) that all reasonable steps are taken to consult with the designer of the plant in relation to the alteration of the design to rectify the hazard. (2) A manufacturer of plant must ensure that, if it is not possible to inform the designer about the hazard in accordance with subregulation (1)— (a) the risk is eliminated, so far as is reasonably practicable; or (b) if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable. WHS Act—section 23 (see regulation 9). (3) A manufacturer to whom subregulation (1)(c) applies must not manufacture the plant until— (a) the designer gives the manufacturer the revised information or written instruction under regulation 188; or (b) the manufacturer eliminates or minimises the risk under subregulation (2). WHS Act—section 23 (see regulation 9). (4) If the designer notifies a manufacturer of plant under regulation 188, the manufacturer may proceed in accordance with the designer's original information. 194—Guarding (1) A manufacturer of plant must ensure that guarding used as a control measure is of solid construction and securely mounted so as to resist impact or shock. (2) A manufacturer of plant must ensure— (a) that any guarding used as a control measure in relation to plant is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation; and (b) if the guarding is removed—that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced. 195—Information must be obtained and provided A manufacturer of plant must— (a) take all reasonable steps to obtain the information required to be provided to the manufacturer by the designer of the plant under section 22(4)(a) and (c) of the Act and regulations 187 and 188; and (b) ensure that a person to whom the manufacturer supplies the plant is, at the time of supply, provided with the information provided to the manufacturer by the designer under section 22(4)(a) and (c) of the Act and regulation 187; and (c) if the manufacturer acts in accordance with regulation 193(1)(c), ensure that a person to whom the manufacturer supplies the plant is provided with the information, applicable to the plant, that is required to be provided by the designer under sections 22(4)(a) and (c) of the Act and regulation 188. Division 4—Duties of persons conducting businesses or undertakings that import plant 196—Information to be obtained and provided by importer An importer of plant must— (a) take all reasonable steps to obtain— (i) the information that would be required to be provided by a manufacturer under section 23(4)(a) and (c) of the Act; and (ii) the information that would be required to be provided by the designer of the plant to the manufacturer under regulations 187 and 188; and 197—Control of risk An importer of plant must— (a) ensure that the plant is inspected having regard to the information provided by the manufacturer; and (b) if the information provided by the manufacturer requires the plant to be tested—ensure that the plant is tested in accordance with that information; and (c) if any hazards are identified— (i) ensure that the plant is not supplied until the risks have been eliminated so far as is reasonably practicable; and (ii) if it is not reasonably practicable to eliminate the risks, inform the person to whom the plant is supplied about the risks; and (d) take all reasonable steps to ensure that the designer and manufacturer of the plant are consulted in relation to any alteration made to the plant to control the risk. Division 5—Duties of persons conducting businesses or undertakings that supply plant 198—Information to be obtained and provided by supplier A supplier of plant must— (a) take all reasonable steps to obtain the information required to be provided by the manufacturer under section 23(4)(a) and (c) of the Act and these regulations; and (b) ensure that, when the plant is supplied, the person to whom the plant is supplied is given the information obtained by the supplier under paragraph (a). 199—Supply of second‑hand plant—duties of supplier (1) A supplier of second‑hand plant must ensure, so far as is reasonably practicable, that any faults in the plant are identified. (2) A supplier of second‑hand plant must ensure that the person to whom the plant is supplied is, before the plant is supplied, given written notice— (a) of the condition of the plant; and (b) of any faults identified under subregulation (1); and (c) if appropriate, that the plant should not be used until the faults are rectified. (3) This regulation does not apply to plant to be used for scrap or spare parts. 200—Second‑hand plant to be used for scrap or spare parts A supplier of plant to be used for scrap or spare parts must, before the plant is supplied, inform the person to whom the plant is supplied, either in writing or by marking the plant, that the plant is being supplied for scrap or spare parts and that the plant in its current form is not to be used as plant. Division 6—Duties of persons conducting businesses or undertakings that install, construct or commission plant or structures 201—Duties of persons conducting businesses or undertakings that install, construct or commission plant (1) This regulation applies to a person who conducts a business or undertaking that installs, constructs or commissions plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace. (2) The person must ensure that the plant is installed, constructed or commissioned having regard to— (a) the information provided by the designer, manufacturer, importer or supplier of the plant under the Act and these regulations; or (b) the instructions provided by a competent person to the extent that those instructions relate to health and safety. 202—Duties of persons conducting businesses or undertakings that install, construct or commission structures (1) This regulation applies to a person who conducts a business or undertaking that installs, constructs or commissions a structure that is to be used, or could reasonably be expected to be used, as or at, a workplace. (2) The person must ensure that the structure is installed, constructed or commissioned having regard to— (a) the information provided by the designer, manufacturer, importer or supplier of the structure under the Act and these regulations; or (b) the instructions provided by a competent person to the extent that those instructions relate to health and safety. Division 7—General duties of a person conducting a business or undertaking involving the management or control of plant A person with management or control of plant at a workplace is the person conducting a business or undertaking at the workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the definition of person with management or control of plant at a workplace in regulation 5 and section 21 of the Act. Subdivision 1—Management of risks 203—Management of risks to health and safety A person with management or control of plant at a workplace must manage risks to health and safety associated with plant, in accordance with Chapter 3 Part 1. WHS Act—section 21 (see regulation 9). Subdivision 2—Additional control measures for general plant 204—Control of risks arising from installation or commissioning (1) A person with management or control of plant at a workplace must not commission the plant unless the person has established that the plant is, so far as is reasonably practicable, without risks to the health and safety of any person. (2) A person with management or control of plant at a workplace must not decommission or dismantle the plant unless the decommissioning or dismantling can be carried out, so far as is reasonably practicable, without risks to the health and safety of any person. (3) A person with management or control of plant at a workplace must ensure that a person who installs, assembles, constructs, commissions or decommissions or dismantles the plant is a competent person. (4) A person with management or control of plant at a workplace must ensure that a person who installs, assembles, constructs, commissions or decommissions or dismantles the plant is provided with the available information for eliminating or minimising risks to health or safety. (5) A person with management or control of plant at a workplace must ensure that the processes for the installation, construction, commissioning, decommissioning and dismantling of plant include inspections that ensure, so far as is reasonably practicable, that risks associated with these activities are monitored. 205—Preventing unauthorised alterations to or interference with plant The person with management or control of plant at a workplace must, so far as is reasonably practicable, prevent alterations to or interference with the plant that are not authorised by the person. 206—Proper use of plant and controls (1) The person with management or control of plant at a workplace must take all reasonable steps to ensure that plant is used only for the purpose for which it was designed, unless the person has determined that the proposed use does not increase the risk to health or safety. (2) In determining whether or not a proposed use of plant increases the risk to health or safety, the person with management or control of the plant must ensure that the risk associated with the proposed use is assessed by a competent person. (3) The person with management or control of plant at a workplace must take all reasonable steps to ensure that all health and safety features and warning devices (including guarding, operational controls, emergency stops and warning devices) are used in accordance with the instructions and information provided by that person under regulation 39. 207—Plant not in use The person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that plant that is not in use is left in a state that does not create a risk to the health or safety of any person. 208—Guarding (1) This regulation applies if guarding is used as a control measure in relation to plant at a workplace. (2) The person with management or control of the plant must ensure that— (a) if access to the area of the plant requiring guarding is not necessary during operation, maintenance or cleaning of the plant, the guarding is a permanently fixed physical barrier; or (b) if access to the area of the plant requiring guarding is necessary during operation, maintenance or cleaning of the plant, the guarding is an interlocked physical barrier that allows access to the area being guarded at times when that area does not present a risk and prevents access to that area at any other time; or (c) if it is not reasonably practicable to use guarding referred to in paragraph (a) or (b), the guarding used is a physical barrier that can only be altered or removed by the use of tools; or (d) if it is not reasonably practicable to use guarding referred to in paragraph (a), (b) or paragraph (c), the guarding includes a presence‑sensing safeguarding system that eliminates any risk arising from the area of the plant requiring guarding while a person or any part of a person is in the area being guarded. (3) The person with management or control of the plant must ensure that the guarding— (a) is of solid construction and securely mounted so as to resist impact or shock; and (b) makes bypassing or disabling of the guarding, whether deliberately or by accident, as difficult as is reasonably practicable; and (c) does not create a risk in itself; and (d) is properly maintained. (4) If the plant to be guarded contains moving parts that may break or cause workpieces to be ejected from the plant, the person with management or control of the plant must ensure, so far as is reasonably practicable, that the guarding will control any risk from those broken or ejected parts and workpieces. (5) Despite anything to the contrary in this regulation, the person with management or control of the plant must ensure— (a) that the guarding is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation; and (b) if guarding is removed, that so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced. 209—Guarding and insulation from heat and cold The person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that any pipe or other part of the plant associated with heat or cold is guarded or insulated so that the plant is without risks to the health and safety of any person. 210—Operational controls (1) The person with management or control of plant at a workplace must ensure that any operator's controls are— (a) identified on the plant so as to indicate their nature and function and direction of operation; and (b) located so as to be readily and conveniently operated by each person using the plant; and (c) located or guarded to prevent unintentional activation; and (d) able to be locked into the "off" position to enable the disconnection of all motive power. (2) If the need for plant to be operated during maintenance or cleaning cannot be eliminated, the person with management or control of the plant at a workplace must ensure that the operator's controls— (a) permit operation of the plant while a person is undertaking the maintenance or cleaning of the plant; and (b) while the plant is being maintained or cleaned, either— (i) cannot be operated by any person other than the person who is carrying out the maintenance or cleaning of the plant; or (ii) if subparagraph (i) cannot be complied with because the plant must be operated by a person other than the person who is carrying out the maintenance or cleaning of the plant, cannot be operated except by a person authorised by the person with management or control of the plant for that purpose; and (c) will allow operation of the plant in such a way that any risk associated with the activities in relation to any person who is carrying out the maintenance or cleaning— (i) is eliminated so far as is reasonably practicable; or (ii) if it is not reasonably practicable to eliminate the risk, is minimised so far as is reasonably practicable. 211—Emergency stops (1) If plant at a workplace is designed to be operated or attended by more than 1 person and more than 1 emergency stop control is fitted, the person with management or control of plant at the workplace must ensure that the multiple emergency stop controls are of the "stop and lock‑off" type so that the plant cannot be restarted after an emergency stop control has been used unless that emergency stop control is reset. (2) If the design of plant at a workplace includes an emergency stop control, the person with management or control of the plant at the workplace must ensure that— (a) the stop control is prominent, clearly and durably marked and immediately accessible to each operator of the plant; and (b) any handle, bar or push button associated with the stop control is coloured red; and (c) the stop control cannot be adversely affected by electrical or electronic circuit malfunction. 212—Warning devices (1) This regulation applies if the design of plant includes an emergency warning device or it is necessary to include an emergency warning device to minimise risk. (2) The person with management or control of the plant must ensure that the device is positioned on the plant to ensure that the device will work to best effect. 213—Maintenance and inspection of plant (1) The person with management or control of plant at a workplace must ensure that the maintenance, inspection and, if necessary, testing of the plant is carried out by a competent person. (2) The maintenance, inspection and testing must be carried out— (a) in accordance with the manufacturer's recommendations, if any; or (b) if there are no manufacturer's recommendations, in accordance with the recommendations of a competent person; or (c) in relation to inspection, if it is not reasonably practicable to comply with paragraph (a) or (b), annually. Subdivision 3—Additional control measures for certain plant The person with management or control of plant at a workplace is the person conducting a business or undertaking at a workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the definition of person with management or control of plant at a workplace in regulation 5 and section 21 of the Act. 214—Powered mobile plant—general control of risk The person with management or control of powered mobile plant at a workplace must in accordance with Chapter 3 Part 1, manage risks to heath and safety associated with the following: (a) the plant overturning; (b) things falling on the operator of the plant; (c) the operator being ejected from the plant; (d) the plant colliding with any person or thing; (e) mechanical failure of pressurised elements of plant that may release fluids that pose a risk to health and safety. WHS Act—section 21 (see regulation 9). 215—Powered mobile plant—specific control measures (1) This regulation applies to a person with management or control of powered mobile plant at a workplace. (2) The person must ensure, so far as is reasonably practicable, that a suitable combination of operator protective devices for the plant is provided, maintained and used. (3) The person must ensure, so far as is reasonably practicable, that no person other than the operator rides on the plant unless the person is provided with a level of protection that is equivalent to that provided to the operator. (4) The person must ensure that the plant does not collide with pedestrians or other powered mobile plant. (5) Without limiting subregulation (4), if there is a possibility of the plant colliding with pedestrians or other powered mobile plant, the person must ensure that the plant has a warning device that will warn persons who may be at risk from the movement of the plant. 216—Roll‑over protection on tractors (1) The person with management or control of a tractor at a workplace must ensure that the tractor is not used unless it is securely fitted with a roll‑over protective structure. (2) If a tractor is used in a place that is too low for the tractor to work while it is fitted with a roll‑over protective structure, the structure may be lowered or removed for the period during which the tractor is used in such a situation (but only if other measures to minimise the risk of roll‑over are in place). (3) This regulation does not apply if the tractor is— (a) installed in a fixed position, and in a manner which would no longer permit it to be used as powered mobile plant; or (b) a tractor with a mass of less than 560 kilograms or a mass of 15 000 kilograms or more; or (c) being used for a historical purpose or activity. historical purpose or activity, in relation to the use of a tractor, includes an activity ancillary to a historical activity; 1 Historical activity: a historical display, parade, demonstration or re‑enactment. 2 Activity ancillary to a historical activity: restoring, maintaining, modifying or housing a tractor used, or to be used, for a historical activity. roll‑over protective structure means a structure designed to protect a tractor operator from injury if the tractor rolls over in any direction. Regulations 214 and 215 also apply to a tractor. 218—Industrial lift trucks (1) The person with management or control of an industrial lift truck at a workplace must ensure that the truck is— (a) equipped with lifting attachments that are suitable for the load to be lifted or moved by the truck; and (b) operated in a manner that ensures that the risks to the operator of the truck and other persons at or near the workplace that arise from systems of work and the environment in which the truck is used— (i) are eliminated so far as is reasonably practicable; or (ii) if it is not reasonably practicable to eliminate the risks, are minimised so far as is reasonably practicable. (2) The person with management or control of an industrial lift truck at a workplace must ensure that the truck is not used to carry a passenger unless— (a) the truck is designed to carry a seated passenger; and (b) the passenger seat is— (i) fitted with suitable seat restraints; and (ii) located within the zone of protection that is provided by the operator protective device required to be fitted to the industrial lift truck. (3) The person with management or control of an industrial lift truck at a workplace must take all reasonable steps to ensure that a passenger in an industrial lift truck is seated in a seat that complies with subregulation (2)(b). Regulations 214 and 215 also apply to an industrial lift truck. 219—Plant that lifts or suspends loads (1) This regulation applies in relation to plant that is used to lift or suspend persons or things. (2) The person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that the plant used is specifically designed to lift or suspend the load. (3) If it is not reasonably practicable to use plant that is specifically designed to lift or suspend the load, the person must ensure that— (a) the plant does not cause a greater risk to health and safety than if specifically designed plant were used; and (b) if the plant is lifting or suspending persons, the use of the plant complies with regulation 220. (4) The person must ensure that the lifting and suspending is carried out— (a) with lifting attachments that are suitable for the load being lifted or suspended; and (b) within the safe working limits of the plant. (5) The person must ensure, so far as is reasonably practicable, that no loads are suspended or travel over a person unless the plant is specifically designed for that purpose. (6) The person must ensure, so far as is reasonably practicable, that loads are lifted or suspended in a way that ensures that the load remains under control during the activity. (7) The person must ensure, so far as is reasonably practicable, that no load is lifted simultaneously by more than 1 item of plant unless the method of lifting ensures that the load placed on each item of plant does not exceed the design capacity of the plant. 220—Exception—Plant not specifically designed to lift or suspend a person (1) For the purposes of regulation 219(3)(b), the person with management or control of the plant at a workplace must ensure that— (a) the persons are lifted or suspended in a work box that is securely attached to the plant; and (b) the persons in the work box remain substantially within the work box while they are being lifted or suspended; and (c) if there is a risk of a person falling from a height, a safety harness is provided and worn by the person in order to prevent, so far as is reasonably practicable, injury to the person as a result of the fall; and (d) means are provided by which the persons being lifted or suspended can safely exit from the plant in the event of a failure in its normal operation. (2) This regulation does not apply to plant used in connection with— (a) the performance of stunt work; or (b) the performance of acrobatics; or (c) theatrical performances. Chapter 4 Part 4 (except regulation 79) applies to the matters in subregulation (2). 221—Plant used in connection with tree lopping (1) Regulation 220(1)(a) and (b) do not apply in connection with tree lopping if— (a) a risk assessment shows that lifting or suspending a person in a harness with a crane to place the person in a tree to carry out tree lopping does not create a greater risk to health or safety than using plant specifically designed to lift a person or climbing a tree; and (b) the tree lopping is carried out by a person who is a competent person in the use of the harness referred to in paragraph (a); and (c) a crane is used to put the competent person in the tree to lop it; and (d) the crane has safety mechanisms that would prevent the competent person from inadvertently falling; and (e) while attached to the crane, the competent person is in visual, audio or radio communication with the crane operator. harness means a work positioning harness that is designed and certified, in accordance with AS/NZS 1891.1:2020 (Personal equipment for work at height—Manufacturing requirements for full body combination and lower body harnesses), for the purpose of lifting and suspending a person. 222—Industrial robots (1) This regulation applies to a person with management or control of an industrial robot or other remotely or automatically energised plant at a workplace. (2) The person must not allow or direct a worker to work in the immediate vicinity of the plant if it could start without warning and cause a hazard, unless suitable control measures are in place to control the risks to health and safety. (3) If the remote or automatic energising of the plant could lead to risks to health and safety, the person must ensure that access to the area in the immediate vicinity of the plant is controlled at all times— (a) by isolating the area; or (b) by— (i) providing interlocked guards; or (ii) if a risk remains, providing presence‑sensing devices; or (iii) if a risk then remains, providing permit to work systems. 223—Lasers (1) This regulation applies to the person with management or control at a workplace of laser equipment that may create a risk to health and safety. (2) The person must ensure that laser equipment intended for use on plant is designed, constructed and installed so as to prevent accidental irradiation of any person. (3) The person must ensure that laser equipment on plant is protected so that any operator of the plant or other person is not exposed to direct radiation, radiation produced by reflection or diffusion or secondary radiation. (4) The person must ensure that the visual equipment used for the observation or adjustment of laser equipment on plant does not create a risk to health or safety from laser rays. (5) The person must ensure that the workers operating the laser equipment are trained in the proper operation of the equipment. (6) The person must ensure that Class 3B and Class 4 lasers (within the meaning of AS 2397:2015—Safe use of lasers in the building and construction industry) are not used in construction work. 224—Pressure equipment (1) The person with management or control of pressure equipment at a workplace must ensure that— (a) the equipment is inspected on a regular basis by a competent person; and (b) any gas cylinder that is inspected is marked with a current inspection mark showing the date of the most recent inspection. (2) The person with management or control of gas cylinders at a workplace that is a gas cylinder filling station must ensure that— (a) a gas cylinder is not filled with gas unless it bears a current inspection mark; and (b) a gas cylinder is only filled with gas for which that cylinder is designed. 225—Scaffolds (1) This regulation applies in relation to— (a) a suspended scaffold; and (b) a cantilevered scaffold; and (c) a spur scaffold; and (d) a hung scaffold; and (e) any other scaffold from which a person or thing could fall more than 4 metres. (2) The person with management or control of a scaffold at a workplace must ensure that the scaffold is not used unless the person receives written confirmation from a competent person who has inspected the scaffold that construction of the scaffold has been completed. (3) The person with management or control of a scaffold at a workplace must ensure that the scaffold and its supporting structure are inspected by a competent person— (a) before use of the scaffold is resumed after an incident occurs that may reasonably be expected to affect the stability of the scaffold; and (b) before use of the scaffold is resumed after repairs; and (c) at least every 30 days. (4) If an inspection indicates that a scaffold at a workplace or its supporting structure creates a risk to health or safety, the person with management or control of the scaffold must ensure that— (a) any necessary repairs, alterations and additions are made or carried out; and (b) the scaffold and its supporting structure are inspected again by a competent person before use of the scaffold is resumed. (5) The person with management or control of a scaffold at a workplace must ensure that unauthorised access to the scaffold is prevented while the scaffold is incomplete or unattended. Danger tags and other warning signs. 226—Plant with presence‑sensing safeguarding system—records (1) The person with management or control of plant with a presence sensing safeguarding system at a workplace must keep a record of safety integrity tests, inspections, maintenance, commissioning, decommissioning, dismantling and alterations of the plant for the period set out in subregulation (2). (2) The record must be kept for— (a) 5 years unless paragraph (b) applies; or (b) the life of the plant or until the person relinquishes control of the plant if the plant is registered plant or has been altered. (3) The person must keep the record available for inspection under the Act. (4) The person must make the record available to any person to whom the person relinquishes control of the plant. Part 2—Additional duties relating to registered plant and plant designs 1 The person with management or control of plant at a workplace is the person conducting a business or undertaking at a workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the definition of person with management or control of plant at a workplace in regulation 5 and section 21 of the Act. 2 This Part applies in addition to Chapter 5 Part 1. 3 In this Part, plant includes a structure (see definition of plant in regulation 5). Division 1—Application of Chapter 5 Part 2 227—Application of Chapter 5 Part 2 This Part applies to— (a) plant that is required to be registered under Chapter 5 Part 3; or (b) plant the design of which is required to be registered under Chapter 5 Part 3. Division 2—Duty of person conducting a business or undertaking who designs plant to record plant design 228—Records and information If the design of plant is required to be registered under Chapter 5 Part 3, the designer of that plant must make a record that contains— (a) the method used to determine the control measures for the plant and the control measures that result from that determination; and (b) a copy of the information provided to a manufacturer under section 22 of the Act in relation to that plant; and (c) a copy of the information provided to a manufacturer under regulation 187 in relation to that plant; and (d) if applicable, a copy of the information provided to a manufacturer under regulation 188 in relation to that plant. 229—Record of standards or engineering principles used (1) If the design of plant is required to be registered under Chapter 5 Part 3, the designer of the plant must record any published technical standard, including any part of a published technical standard, that was used to design the plant. (2) If the designer of the plant has not used published technical standards to design the plant, the designer must record any engineering principles used to design the plant. 230—Records to be available for inspection (1) A designer of plant must ensure that the records made under regulations 228 and 229 are kept available for inspection under the Act. (2) A designer of plant must ensure that the records made available under regulations 228 and 229 are made available for inspection by the design verifier of the plant design. (3) A designer of plant must keep the records made under regulations 228 and 229 for the design life of the plant. Division 3—Duties of a person conducting a business or undertaking 231—Duty of persons conducting businesses or undertakings that manufacture plant A manufacturer must not supply plant specified in Part 1 of Schedule 5 unless the design of that plant is registered under Chapter 5 Part 3. 232—Duty of persons conducting businesses or undertakings that import plant An importer must not supply plant specified in Part 1 of Schedule 5 unless the design of that plant is registered under Chapter 5 Part 3. 233—Duty of persons conducting businesses or undertakings that supply plant A supplier must not supply plant specified in Part 1 of Schedule 5 unless the design of that plant is registered under Chapter 5 Part 3. 234—Duty of persons conducting businesses or undertakings that commission plant (1) This regulation applies to a person who conducts a business or undertaking that commissions plant. (2) The person must not commission an item of plant that is specified in Part 2 of Schedule 5 for use in a workplace unless that item of plant is registered under Chapter 5 Part 3. (3) Nothing in subregulation (2) prevents a person from performing any necessary adjustments, tests or inspections as part of the commissioning process before the plant is commissioned at a workplace. Division 4—Duties of a person conducting a business or undertaking involving the management or control of plant Subdivision 1—Control measures for registered plant 235—Major inspection of registered mobile cranes and tower cranes (1) This regulation applies to the person with management or control of a registered mobile crane or tower crane at a workplace. (2) The person must ensure that a major inspection of the crane is carried out by, or under the supervision of, a competent person— (a) at the end of the design life recommended by the manufacturer for the crane; or (b) if there are no manufacturer's recommendations—in accordance with the recommendations of a competent person; or (c) if it is not reasonably practicable to comply with paragraph (a) or (b)—every 10 years from the date that the crane was first commissioned or first registered, whichever occurred first. (3) A major inspection carried out under and in accordance with an equivalent provision of a corresponding WHS law is taken to be a major inspection for the purposes of this regulation. (4) In this regulation, a competent person is a person who— (a) complies with both of the following: (i) has acquired through training, qualification or experience the knowledge and skills to carry out a major inspection of the plant; and (ii) is— (A) registered, or eligible to be registered, on the National Professional Engineers Register administered by the Institution of Engineers, Australia; or (B) a member, or eligible to be a member, of the Institution of Engineers Australia with the status of Chartered Professional Engineer; or (b) is determined by the regulator to be a competent person. (5) The regulator may, on the application of a person, make a determination in relation to the person for the purposes of subregulation (4)(b) if the regulator considers that exceptional circumstances exist. (6) In this regulation— major inspection means— (a) an examination of all critical components of the crane, if necessary by stripping down the crane and removing paint, grease and corrosion to allow a thorough examination of each critical component; and (b) a check of the effective and safe operation of the crane. 236—Lifts (1) The person with management or control of a lift at a workplace (including a person with management or control of maintenance of a lift) must ensure that— (a) if there is a risk of a person falling down a lift well— (i) secure barriers are provided to prevent access to openings into the lift well by someone other than a person who is performing work in the lift well; and (ii) secure working platforms or equivalent arrangements are provided for a person who is working in the lift well to prevent a fall from height; and (b) if there is a risk to a person working in a lift well from objects falling onto that person—a secure barrier is provided to prevent, so far as is reasonably practicable, falling objects from striking the person or otherwise causing a risk. (2) The person must ensure that there is a safe means of entry to and exit from the base of the lift well. (3) The person must ensure that there is fixed, in a prominent place in the lift, a sign that states the safe working load specified in the design of the lift. 237—Records of plant (1) This regulation applies in relation to plant that is required to be registered under Chapter 5 Part 3. (2) The person with management or control of the plant at a workplace must keep a record of all tests, inspections, maintenance, commissioning, decommissioning, dismantling and alterations of the plant for the period set out in subregulation (3). (3) The record must be kept for the period that the plant is used or until the person relinquishes control of the plant. (4) The person must keep the record available for inspection under the Act. (5) The person must make the record available to any person to whom the person relinquishes control of the plant. Subdivision 2—Control measures for amusement devices and passenger ropeways 238—Operation of amusement devices and passenger ropeways (1) The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that the device or ropeway is operated only by a person who has been provided with instruction and training in its proper operation. (2) The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that— (a) the amusement device or passenger ropeway is checked before it is operated on each day on which it is to be operated; and (b) the amusement device or passenger ropeway is operated without passengers before it is operated with passengers on each day on which it is to be operated; and (c) the daily checks and operation of the amusement device or passenger ropeway without passengers are properly and accurately recorded in a log book for the device or ropeway. (a) in the case of an individual—$720; (b) in the case of a body corporate—$3 600. (3) The reference in subregulation (1) to instruction and training in the proper operation of a device or ropeway includes a reference to instruction and training in carrying out the checks and operation required under subregulation (2)(a) and (b). 239—Storage of amusement devices and passenger ropeways (1) The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that the device or ropeway is stored so as to be without risk to health and safety. (2) The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that a person who stores the device or ropeway is a competent person or is under the supervision of a competent person. 240—Maintenance, inspection and testing of amusement devices and passenger ropeways (1) The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that the maintenance, inspection and, if necessary, testing of the device or ropeway is carried out— (a) by a competent person; and (b) in accordance with— (i) the recommendations of the designer or manufacturer or designer and manufacturer; or (ii) if a maintenance manual for the device or ropeway has been prepared by a competent person, the requirements of the maintenance manual. (2) A person is not a competent person to carry out a detailed inspection of an amusement device or passenger ropeway that includes an electrical installation unless the person is qualified, or is assisted by a person who is qualified, to inspect electrical installations. 241—Annual inspection of amusement devices and passenger ropeways (1) The person with management or control of an amusement device or a passenger ropeway at a workplace must ensure that a detailed inspection of the device or ropeway is carried out at least once every 12 months by a competent person. (2) An annual inspection must include the following: (a) a check of information about the operational history of the amusement device or passenger ropeway since the last detailed inspection; (b) a check of the log book for the amusement device or passenger ropeway; (c) a check that maintenance and inspections of the amusement device or passenger ropeway have been undertaken under regulation 240; (d) a check that any required tests have been carried out, and that appropriate records have been maintained; (e) a detailed inspection of the amusement device or passenger ropeway to ensure compliance with the Act and these regulations (including a specific inspection of the critical components of the amusement device or passenger ropeway). (3) The regulator may extend the date for an inspection by up to 35 days if an inspection is scheduled to coincide with the same event each year. (4) If the date is extended under subregulation (3), the new date is the date from which future annual inspections of the amusement device or passenger ropeway are determined. (5) In this regulation, a competent person is a person who— (a) in the case of an inflatable device (continuously blown) with a platform height less than 9 metres—has acquired through training, qualification or experience the knowledge and skills to inspect the device; or (b) in the case of any other amusement device or a passenger ropeway— (i) has acquired through training, qualification or experience the knowledge and skills to inspect the plant; and (ii) is— (A) registered, or eligible to be registered, on the National Professional Engineers Register administered by the Institution of Engineers, Australia; or (B) a member, or eligible to be a member, of the Institution of Engineers Australia with the status of Chartered Professional Engineer; or (c) in the case of any amusement device or passenger ropeway—is determined by the regulator to be a competent person. (6) The regulator may, on the application of a person, make a determination in relation to the person for the purposes of subregulation (5)(c) if the regulator considers that exceptional circumstances exist. (7) An annual inspection carried out under an equivalent provision of a corresponding WHS law is taken to be an annual inspection for the purposes of this regulation. 242—Log book and manuals for amusement devices (1) The person with management or control of an amusement device at a workplace, in addition to complying with the record‑keeping requirements of regulation 237, must ensure that— (a) the log book for the amusement device records the details required under subregulation (1a); and (b) the log book and operating and maintenance manuals for the amusement device are kept with the amusement device. (1a) The log book for an amusement device must record— (a) for each occasion on which the device is erected, details (including the date) of the erection; and (b) for each occasion on which the device is stored, details of the storage; and (c) details of the maintenance of the device; and (d) for each day on which the device is operated, the number of hours for which it is operated; and (e) the total number of hours for which the device has ever been operated; and (f) details of any faults, or other matters relevant to the safety of the device, identified during its operation; and (g) the following details for each person who operates the device: (i) the person's name; (ii) whether the person has been provided with instruction and training in the proper operation of the device; (iii) for each occasion on which instruction or training in the proper operation of the device is provided to the person— (A) the date; and (B) a summary of the instruction or training; and (C) the name and qualifications of the instructor or trainer; and (h) details of each statutory notice issued in relation to the device, including— (i) the date on which the notice was issued; and (ii) the reasons for issuing the notice; and (iii) any action taken in response to the notice; and (iv) for a notice given under a corresponding WHS law—the location of the device when the notice was issued. See also regulation 238(2)(c). (2) The person with management or control of an amusement device at a workplace must ensure that persons involved in the commissioning, installation, use, storage and testing, and the decommissioning, dismantling and disposal, of an amusement device are given— (a) the log book for the amusement device; and (b) the operating and maintenance manuals for the amusement device. (3) The person with management or control of an amusement device at a workplace must make the log book for the device available to any person to whom the person relinquishes control of the device. (b) In the case of a body corporate—$6 000. statutory notice means— (a) an improvement notice, prohibition notice or infringement notice; or (b) an improvement notice, prohibition notice or infringement notice under a corresponding WHS law. Regulation 237(5) requires the person with management or control of the amusement device to give the log book and maintenance records to the person being supplied with the plant. Part 3—Registration of plant designs and items of plant In this Part, plant includes a structure (see definition of plant in regulation 5). Division 1—Plant designs to be registered 243—Plant design to be registered The design of an item of plant specified in Part 1 of Schedule 5 must be registered under this Part. 244—Altered plant designs to be registered (1) If the design of an item of plant specified in Part 1 of Schedule 5 that is registered under this Part is altered, the altered design must be registered under this Part. (2) In this regulation a reference to the alteration of a design is a reference to an alteration that may affect health or safety. (3) This regulation does not apply in relation to a tower crane or a gantry crane if— (a) the crane is relocated for use in a different workplace; and (b) the design of the supporting structure or foundations of the crane is altered in accordance with a site‑specific design prepared for the purpose of the safe operation of the crane at the new location; and (c) the design of the crane is not altered in any other way. 245—Recognition of designs registered by corresponding regulator (1) A design of an item of plant is not required to be registered under this Part if the design is registered under a corresponding WHS law. (2) A design referred to in subregulation (1) that is altered is not required to be registered under this Part if the altered design is registered by the corresponding regulator that registered the original design. Division 2—Items of plant to be registered 246—Items of plant to be registered (1) An item of plant specified in Part 2 of Schedule 5 must be registered under this Part. (2) The purpose of registering an item of plant is to ensure that it is inspected by a competent person and is safe to operate. 247—Recognition of plant registered by corresponding regulator An item of plant is not required to be registered under this Part if the plant is registered under a corresponding WHS law. Division 3—Registration process for plant designs 248—Application of Division 3 This Division applies to the registration of a design of an item of plant specified in Part 1 of Schedule 5. 249—Who can apply to register a plant design (1) A person conducting a business or undertaking that designs an item of plant may apply to the regulator for the registration of the design of that item of plant. (2) A person with management or control of an item of plant at a workplace may apply to the regulator for the registration of the design of that item of plant. 250—Application for registration (1) An application for registration of the design of an item of plant must be made in the manner and form required by the regulator. (b) whether or not the applicant is a body corporate; (c) if the applicant conducts the business or undertaking under a business name—that business name and a certificate or other written evidence of the registration of the business name; (e) a statement signed by the designer of the item of plant— (i) stating that the designer has complied with the designer's obligations under section 22 of the Act in relation to the design; and (ii) specifying the published technical standards and engineering principles used in the design; and (f) a design verification statement that accords with regulation 251; (g) representational drawings of the design; (h) a declaration that the applicant does not hold an equivalent registration under a corresponding WHS law. See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations. (3) Any drawings or other documents provided with the application must be capable of being kept in an electronic form. (4) The application must be accompanied by the relevant fee. 251—Design verification statement The design verification statement must— (a) be written and signed by a person who is eligible to be a design verifier for the design; and (b) state that the design was produced in accordance with published technical standards or engineering principles specified in the statement; and (c) include— (i) the name, business address and qualifications (if applicable) of the design verifier; and (ii) if applicable, the name and business address of the organisation for which the design verifier works. 252—Who can be the design verifier (1) A person is eligible to be a design verifier for the design of an item of plant if the person is a competent person. (2) Despite subregulation (1), a person is not eligible to be a design verifier for the design of an item of plant if the person was involved in the production of the design. 253—Duty of design verifier A design verifier of the design of an item of plant specified in Part 1 of Schedule 5 must document the design verification process carried out by that person and the results of that process. 254—Design verification statements not to be made in certain circumstances A person must not make a design verification statement for the design of an item of plant specified in Part 1 of Schedule 5 if the person— (a) is not eligible to be a design verifier for that design; or (b) has not carried out a verification of the design. 255—Additional information (1) If an application for registration of a design of an item of plant does not contain enough information to enable the regulator to make a decision whether or not to grant the registration, the regulator may ask the applicant to provide additional information. (a) specify the date (not being less than 28 days after the request) by which the additional information is to be given; and (3) If an applicant does not provide the additional information by the date specified, the application is taken to have been withdrawn. 256—Decision on application (1) Subject to subregulation (3), the regulator must grant the registration if satisfied about the matters referred to in subregulation (2). (a) the application has been made in accordance with this Division; (b) the design is not registered under a corresponding WHS law; (c) if the applicant is an individual, the applicant— (ii) resides outside this State and satisfies the regulator that circumstances exist that justify the grant of the registration; (d) if the applicant is a body corporate, the applicant's registered office— (ii) is located outside this State and the applicant has satisfied the regulator that circumstances exist that justify the grant of the registration; (e) the applicant is able to ensure compliance with any conditions that will apply to the registration. (3) The regulator must refuse to grant a registration if satisfied that, in making the application, the applicant has— (4) If the regulator decides to grant the registration, it must notify the applicant within 14 days after making the decision. (5) If the regulator does not make a decision within 120 days after receiving the application or the additional information requested under regulation 255, the regulator is taken to have refused to grant the registration applied for. A refusal to grant a registration (including under subregulation (5)) is a reviewable decision (see regulation 676). 257—Refusal of registration—process (1) If the regulator proposes to refuse to grant a registration, the regulator must give the applicant a written notice— (b) advising the applicant that the applicant may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal. (a) if the applicant has made a submission in relation to the proposed refusal to grant the registration—consider that submission; and (b) whether or not the applicant has made a submission—decide whether to grant or refuse to grant the registration; and (c) within 14 days after making that decision, give the applicant written notice of the decision, including the reasons for the decision. A refusal to grant a registration is a reviewable decision (see regulation 676). 258—Conditions of registration (1) The regulator may impose any conditions it considers appropriate on the registration of a plant design. (a) the use and maintenance of plant manufactured to the design; (c) the provision of information to the regulator. 1 A person must comply with the conditions of registration (see section 45 of the Act). 2 A decision to impose a condition on a registration is a reviewable decision (see regulation 676). 259—Duration of registration of plant design A registration of a plant design takes effect on the day it is granted and is granted for an unlimited duration. 260—Plant design registration number (1) This regulation applies if the regulator registers a design of an item of plant. (2) The regulator must issue a plant design registration number for the design to the applicant. (3) The person to whom the plant design registration number is issued must give the registration number to the manufacturer, importer or supplier of plant manufactured to that design. (4) The manufacturer, supplier or importer of plant to whom a plant design registration number is given under this regulation must give that number to the person with management or control of the plant— (a) manufactured to that design; or (b) supplied to that person by the manufacturer, supplier or importer. (5) The person with management or control of plant at a workplace for which a plant design is registered must ensure that the design registration number is kept readily accessible in the vicinity of the plant at all times. 261—Registration document (1) If the regulator registers a design of an item of plant, the regulator must issue to the applicant a registration document in the form determined by the regulator. (2) The registration document must include the following: (a) the name of the registration holder; (b) if the registration holder conducts the business or undertaking under a business name, that business name; (c) the registration number of the plant design; (d) any conditions imposed on the registration by the regulator; (e) the date on which the registration was granted. 262—Registration document to be available (1) A registration holder must keep the registration document available for inspection under the Act. (2) Subregulation (1) does not apply if the registration document is not in the registration holder's possession because— (a) it has been returned to the regulator under regulation 287; or (b) the registration holder has applied for but has not received, a replacement registration document under regulation 288. 263—Disclosure of design information (1) Subject to this regulation, the regulator must not disclose to any person any confidential information provided by an applicant for registration of a design of an item of plant. (2) The regulator may disclose information about a plant design in either of the following circumstances: (a) to a corresponding regulator or an authorised officer of a corresponding regulator, at the request of the corresponding regulator; (b) to any person authorised by the applicant for the registration of the design. (3) The regulator may give a copy of the design verification statement to— (a) workers engaged by the person with management or control at a workplace of plant manufactured to the design; or (b) a health and safety representative of those workers. (4) The regulator may provide the person with management or control of plant with the minimum information about the plant design that is necessary for the safe operation of the plant if the registration holder for the design of the plant cannot be located or no longer exists. Division 4—Registration process for an item of plant 264—Application of Division 4 This Division applies in relation to the registration of an item of plant specified in Part 2 of Schedule 5 as requiring registration. 265—Who can apply to register an item of plant A person with management or control of an item of plant may apply to the regulator for the registration of that item of plant. 266—Application for registration (1) An application for registration of an item of plant must be made in the manner and form required by the regulator. (b) whether or not the applicant is a body corporate; (c) if the applicant conducts the business or undertaking under a business name—that business name and a certificate or other written evidence of the registration of the business name; (e) sufficient information to clearly identify the item of plant; (g) if the design of the item of plant was also required to be registered under this Part, details of— (i) the plant design registration number; and (ii) the regulator or corresponding regulator that registered the design; (h) a statement that the item of plant has been inspected by a competent person and assessed by that person as being safe to operate; (i) the date that the item of plant was first commissioned or was first registered, if known, whichever occurred first; (j) a declaration that the applicant does not hold an equivalent registration under a corresponding WHS law. See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations. 267—When is a person competent to inspect plant A person is a competent person to inspect an item of plant for registration if the person has— (a) educational or vocational qualifications in an engineering discipline relevant to the plant to be inspected; or (b) knowledge of the technical standards relevant to the plant to be inspected. 268—Additional information (1) If an application for registration of an item of plant does not contain enough information to enable the regulator to make a decision whether or not to grant the registration, the regulator may ask the applicant to provide additional information. (a) specify the date (not being less than 28 days after the request) by which the additional information is to be given; and (3) If an applicant does not provide the additional information by the date specified, the application is taken to have been withdrawn. 269—Decision on application (1) Subject to subregulation (3), the regulator must grant the registration if satisfied about the matters referred to in subregulation (2). (a) the application has been made in accordance with this Division; (b) the item of plant is not registered under a corresponding WHS law; (c) the item of plant is— (i) located in this State; or (ii) located outside this State and the regulator is satisfied that circumstances exist that justify the grant of the registration; (d) if the applicant is an individual, the applicant— (ii) resides outside this State and satisfies the regulator that circumstances exist that justify the grant of the registration; (e) if the applicant is a body corporate, the applicant's registered office— (ii) is located outside this State and the applicant has satisfied the regulator that circumstances exist that justify the grant of the registration; (f) the applicant is able to ensure compliance with any conditions that will apply to the registration. (3) The regulator must refuse to grant a registration if satisfied that, in making the application, the applicant has— (4) If the regulator decides to grant the registration, it must notify the applicant within 14 days after making the decision. (5) If the regulator does not make a decision within 120 days after receiving the application or additional information requested under regulation 268, the regulator is taken to have refused to grant the registration applied for. A refusal to grant a registration (including under subregulation (5)) is a reviewable decision (see regulation 676). 270—Refusal of registration—process (1) If the regulator proposes to refuse to grant a registration, the regulator must give the applicant a written notice— (b) advising the applicant that the applicant may, by a specified date, (being not less than 28 days after giving the notice) make a submission to the regulator in relation to the proposed refusal. (a) if the applicant has made a submission in relation to the proposed refusal to grant the registration—consider that submission; and (b) whether or not the applicant has made a submission—decide whether to grant or refuse to grant the registration; and (c) within 14 days after making that decision—give the applicant written notice of the decision, including the reasons for the decision. A refusal to grant a registration is a reviewable decision (see regulation 676). 271—Conditions of registration (1) The regulator may impose any conditions it considers appropriate on the registration of an item of plant. (a) the use and maintenance of the item of plant; (c) the provision of information to the regulator. 1 A person must comply with the conditions of registration (see section 45 of the Act). 2 A decision to impose a condition on a registration is a reviewable decision (see regulation 676). 272—Duration of registration A registration of an item of plant takes effect on the day it is granted and expires 5 years after that day. 273—Plant registration number (1) This regulation applies if the regulator registers an item of plant. (2) The regulator must issue a plant registration number for the plant to the registration holder within 14 days after that registration. (3) The registration holder must give the plant registration number to the person with management or control of the plant at a workplace as soon as practicable after being issued with the number under subregulation (2). (4) The person with management or control of the plant at a workplace must ensure that the plant registration number is marked on or near the item of plant. 274—Registration document (1) If the regulator registers an item of plant, the regulator must issue to the applicant within 14 days a registration document in the form determined by the regulator. (2) The registration document must include the following: (a) the name of the registration holder; (b) if the registration holder conducts the business or undertaking under a business name, that business name; (c) the registration number for the item of plant; (d) any conditions imposed on the registration by the regulator; (e) the date on which the plant was first commissioned or first registered, whichever occurred first; (f) the date on which the registration was granted; (g) the expiry date of the registration. 275—Registration document to be available (1) The holder of the registration of an item of plant must keep the registration document available for inspection under the Act. (2) Subregulation (1) does not apply if the registration document is not in the registration holder's possession because— (a) it has been returned to the regulator under regulation 287; or (b) the registration holder has applied for, but has not received, a replacement registration document under regulation 288. 276—Regulator may renew registration The regulator may, on application, renew the registration of an item of plant. 277—Application for renewal (1) An application for renewal of a registration of an item of plant must be made in the manner and form required by the regulator. (b) any other evidence of identity required by the regulator; (c) if the applicant conducts the business or undertaking under a business name, that business name and a certificate or other written evidence of the registration of the business name; (d) the registration number of the item of plant; (e) a declaration that the item of plant has been maintained, inspected and tested in accordance with regulation 213. See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations. (4) The application must be made before the expiry of the registration. 278—Registration continues in force until application is decided If a registration holder applies under regulation 277 for the renewal of a registration, the registration is taken to continue in force from the day it would, apart from this regulation, have ended until the registration holder is given notice of the decision on the application. 279—Decision on application (1) The regulator must renew the registration of an item of plant if the regulator is satisfied that— (a) the application for renewal has been made in accordance with this Division; and (b) the plant has been maintained, inspected and tested in accordance with regulation 213. (2) For the purposes of this Division— (a) regulation 268 applies as if a reference in that regulation to an application for registration were a reference to an application to renew registration; and (b) regulations 269 (except subregulation (5)), 271 and 272 apply as if a reference in those regulations to the grant of a registration were a reference to the renewal of a registration; and (c) regulation 270 applies as if a reference in that regulation to a refusal to grant a registration were a reference to a refusal to renew a registration. A refusal to renew a registration is a reviewable decision (see regulation 676). 280—Status of registration during review (1) If the regulator gives the registration holder written notice of a decision to refuse to renew the registration, the registration continues to have effect in accordance with this regulation. (2) If the registration holder does not apply for internal review, the registration continues to have effect until the last of the following events: (a) the expiry of the registration; (b) the end of the period for applying for an internal review. (3) If the registration holder applies for an internal review, the registration continues to have effect until the earlier of the following events: (a) the registration holder withdraws the application for review; (4) If the registration holder does not apply for an external review, the registration continues to have effect until the end of the time for applying for an external review. (5) If the registration holder applies for an external review, the registration continues to have effect until the earlier of the following events: (a) the registration holder withdraws the application for review; (6) The registration continues to have effect under this regulation even if its expiry date passes. Division 5—Changes to registration and registration documents 281—Application of Division This Division applies to— (a) the registration of a design of an item of plant; and (b) the registration of an item of plant. 282—Changes to information (1) A registration holder must give the regulator written notice of any change to— (a) the registration holder's name; or (b) any of the information referred to in regulations 250, 255(1), 266 or 268(1) within 14 days after the registration holder becomes aware of the change. (2) Subregulation (1) applies whether the information was given in the application for grant of the registration or in any other circumstance. (3) Without limiting subregulation (1), a registration holder for an item of plant must give written notice to the regulator if— (a) the item of plant is altered to an extent or in a way that requires the plant to be subject to new control measures; or (b) the item of plant is usually fixed and is relocated; or (c) the registration holder no longer has management or control of the item of plant. 283—Amendment of registration imposed by regulator (1) The regulator may, on its own initiative, amend a registration, including by amending the registration to— (a) vary or delete a condition of the registration; or (b) impose a new condition on the registration. (2) Before amending a registration, the regulator must give the registration holder written notice— (a) setting out the proposed amendment and the reasons for it; and (b) advising the registration holder that the registration holder may make a submission to the regulator in relation to the proposed amendment within a specified period (being not less than 28 days from the date of the notice). (3) After the date specified in the notice under subregulation (2), the regulator must— (a) if the registration holder has made a submission in relation to the proposed amendment—consider that submission; and (iii) to make a different amendment that results from consideration of any submission made by the registration holder; and (c) within 14 days after making that decision, give the registration holder a written notice that— (i) sets out the amendment, if any, or states that no amendment is to be made; and (ii) if a submission was made in relation to the proposed amendment—sets out the regulator's reasons for making the amendment; and (iii) specifies the date (being not less than 28 days after the registration holder is given the notice) on which the amendment, if any, takes effect. A decision to amend a registration is a reviewable decision (see regulation 676). 284—Amendment on application by registration holder (1) The regulator, on application by the registration holder, may amend a registration, including by amending the registration to vary or delete a condition of the registration. (2) If the regulator proposes to refuse to amend the registration, the regulator must give the registration holder a written notice— (a) informing the registration holder of the proposed refusal to amend the registration and the reasons for the proposed refusal; and (b) advising the registration holder that the registration holder may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal. (a) if the registration holder has made a submission in relation to the proposed refusal—consider that submission; and (iii) to make a different amendment that results from consideration of any submission made by the registration holder; and (c) within 14 days after making that decision, give the registration holder written notice of the decision in accordance with this regulation. (4) If the regulator makes the amendment applied for, the notice under subregulation (3)(c) must specify the date (being not less than 28 days after the registration holder is given the notice) on which the amendment takes effect. (5) If the regulator refuses to make the amendment or makes a different amendment, the notice under subregulation (3)(c) must— (a) if a submission was made in relation to the proposed refusal of the amendment—set out the reasons for the regulator's decision; and (ii) specify the date (being not less than 28 days after the registration holder is given the notice) on which the amendment takes effect. A refusal to make the amendment applied for, or a decision to make a different amendment, is a reviewable decision (see regulation 676). 285—Minor corrections to registration The regulator may make minor amendments to a registration, including an amendment— (c) that does not impose a significant burden on the registration holder. 286—Regulator to give amended registration document If the regulator amends a registration and considers that the registration document requires amendment, the regulator must give the registration holder an amended registration document within 14 days after making the decision to amend the registration. 287—Registration holder to return registration document A registration holder must return the registration document to the regulator for amendment at the written request of the regulator within the time specified in the request. 288—Replacement registration document (1) A registration holder must notify the regulator as soon as practicable if the registration document is lost, stolen or destroyed. (2) If a registration document is lost, stolen or destroyed, the registration holder may apply to the regulator for a replacement document. A registration holder is required to keep a registration document available for inspection (see regulation 275). (3) An application for a replacement registration document must be made in the manner and form required by the regulator. See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations. (5) The regulator must issue a replacement registration document if satisfied that the original document was lost, stolen or destroyed. (6) If the regulator refuses to issue a replacement registration document, it must give the registration holder written notice of this decision, including the reasons for the decision within 14 days of making the decision. A refusal to issue a replacement registration document is a reviewable decision (see regulation 676). Division 6—Cancellation of registration 288A—Application of Division This Division applies to— (a) the registration of a design of an item of plant; and (b) the registration of an item of plant. 288B—Regulator may cancel registration The regulator may cancel a registration if satisfied that— (a) in making the application, the applicant— (i) gave information that is false or misleading in a material particular; or (ii) failed to give any material information that should have been given; or (b) the design of the item of plant, or the item of plant (as applicable), is unsafe. A decision to cancel a registration is a reviewable decision (see regulation 676). 288C—Cancellation process (1) Before cancelling a registration, the regulator must give the registration holder written notice— (a) setting out the proposal to cancel the registration and the reasons for it; and (b) advising the registration holder that the registration holder may make a submission to the regulator in relation to the proposed cancellation within a specified period (being not less than 28 days from the date of the notice). (a) if the registration holder has made a submission in relation to the proposed cancellation—consider that submission; and (i) to cancel the registration; or (ii) not to cancel the registration; and (c) within 14 days after making that decision, give the registration holder written notice that— (i) states whether or not the registration is cancelled; and (ii) if a submission was made in relation to the proposed cancellation—sets out the regulator's reasons for cancelling the registration; and (iii) specifies the date (being not less than the 28 days after the registration holder is given the notice) on which the cancellation, if any, takes effect. A decision to cancel a registration is a reviewable decision (see regulation 676). 288D—Registration holder to return registration document A registration holder who receives a cancellation notice under regulation 288C must return the registration document to the regulator at the written request of the regulator within the time specified in the request. Chapter 6—Construction work 289—Meaning of construction work construction work means any work carried out in connection with the construction, alteration, conversion, fitting‑out, commissioning, renovation, repair, maintenance, refurbishment, demolition, decommissioning or dismantling of a structure. (2) Without limiting subregulation (1), construction work includes the following: (a) any installation or testing carried out in connection with an activity referred to in subregulation (1); (b) the removal from the workplace of any product or waste resulting from demolition; (c) the prefabrication or testing of elements, at a place specifically established for the construction work, for use in construction work; (d) the assembly of prefabricated elements to form a structure, or the disassembly of prefabricated elements forming part of a structure; (e) the installation, testing or maintenance of an essential service in relation to a structure; (f) any work connected with an excavation; (g) any work connected with any preparatory work or site preparation (including landscaping as part of site preparation) carried out in connection with an activity referred to in subregulation (1); (h) an activity referred to in subregulation (1), that is carried out on, under or near water, including work on buoys and obstructions to navigation. (3) In this Chapter— construction work does not include any of the following: (a) the manufacture of plant; (b) the prefabrication of elements, other than at a place specifically established for the construction work, for use in construction work; (c) the construction or assembly of a structure that once constructed or assembled is intended to be transported to another place; (d) testing, maintenance or repair work of a minor nature carried out in connection with a structure; (e) mining or the exploration for or extraction of minerals. 290—Meaning of structure structure has the same meaning as it has in the Act. A roadway or pathway. A ship or submarine. Foundations, earth retention works and other earthworks, including river works and sea defence works. Formwork, falsework or any other structure designed or used to provide support, access or containment during construction work. An airfield. A dock, harbour, channel, bridge, viaduct, lagoon or dam. A sewer or sewerage or drainage works. (2) This Chapter does not apply to plant unless— (a) the plant is— (i) a ship or submarine; or (ii) a pipe or pipeline; or (iii) an underground tank; or (iv) designed or used to provide support, access or containment during work in connection with construction work; or (b) work on the plant relates to work that is carried out in connection with construction work; or (c) the plant is fixed plant on which outage work or overhaul work that involves or may involve work being carried out by 5 or more persons conducting businesses or undertakings at any point in time. This Chapter does not apply to the manufacture of plant (see paragraph (a) of the definition of construction work in regulation 289(3)). 291—Meaning of high risk construction work In this Chapter— high risk construction work means construction work that— (a) involves a risk of a person falling more than 3 metres; or (b) is carried out on a telecommunication tower; or (c) involves demolition of an element of a structure that is load‑bearing or otherwise related to the physical integrity of the structure; or (d) involves, or is likely to involve, the disturbance of asbestos; or (e) involves structural alterations or repairs that require temporary support to prevent collapse; or (f) is carried out in or near a confined space; or (g) is carried out in or near— (i) a shaft or trench with an excavated depth greater than 1.5 metres; or (ii) a tunnel; or (h) involves the use of explosives; or (i) is carried out on or near pressurised gas distribution mains or piping; or (j) is carried out on or near chemical, fuel or refrigerant lines; or (k) is carried out on or near energised electrical installations or services; or (l) is carried out in an area that may have a contaminated or flammable atmosphere; or (m) involves tilt‑up or precast concrete; or (n) is carried out on, in or adjacent to a road, railway, shipping lane or other traffic corridor that is in use by traffic other than pedestrians; or (o) is carried out in an area at a workplace in which there is any movement of powered mobile plant; or (p) is carried out in an area in which there are artificial extremes of temperature; or (q) is carried out in or near water or other liquid that involves a risk of drowning; or (r) involves diving work. 292—Meaning of construction project In this Chapter, a construction project is a project that involves construction work where the cost of the construction work is $450 000 or more. 293—Meaning of principal contractor (1) In this Chapter, a person conducting a business or undertaking that commissions a construction project is, subject to this regulation, the principal contractor for the project. (2) If the person referred to in subregulation (1) engages another person conducting a business or undertaking as principal contractor for the construction project and authorises the person to have management or control of the workplace and to discharge the duties of a principal contractor under this Chapter, the person so engaged is the principal contractor for the project. (3) If the owner of residential premises is an individual who directly or indirectly engages a person conducting a business or undertaking to undertake a construction project in relation to the premises, the person so engaged is the principal contractor for the project if the person has management or control of the workplace. (4) A construction project has only one principal contractor at any specific time. A person with management or control of a workplace must comply with section 20 of the Act. Part 2—Duties of designer of structure and person who commissions construction work 294—Person who commissions work must consult with designer (1) A person conducting a business or undertaking that commissions construction work in relation to a structure must, so far as is reasonably practicable, consult with the designer of the whole or any part of the structure about how to ensure that risks to health and safety arising from the design during the construction work are— (a) eliminated, so far as is reasonably practicable; or (b) if it is not reasonably practicable to eliminate the risks, minimised so far as is reasonably practicable. (2) Consultation must include giving the designer any information that the person who commissions the construction work has in relation to the hazards and risks at the workplace where the construction work is to be carried out. 295—Designer must give safety report to person who commissions design (1) The designer of a structure or any part of a structure that is to be constructed must give the person conducting a business or undertaking who commissioned the design a written report that specifies the hazards relating to the design of the structure that, so far as the designer is reasonably aware— (a) create a risk to the health or safety of persons who are to carry out any construction work on the structure or part; and (b) are associated only with the particular design and not with other designs of the same type of structure. (2) If the person conducting a business or undertaking who commissions a construction project did not commission the design of the construction project, the person must take all reasonable steps to obtain a copy of the written report referred to in subregulation (1) in relation to that design. 296—Person who commissions project must give information to principal contractor If a person conducting a business or undertaking that commissions a construction project engages a principal contractor for the project, the person must give the principal contractor any information the person has in relation to hazards and risks at or in the vicinity of the workplace where the construction work is to be carried out. Part 3—Duties of person conducting business or undertaking As a principal contractor is a person conducting a business or undertaking, this Part also applies to a principal contractor. 297—Management of risks to health and safety A person conducting a business or undertaking must manage risks associated with the carrying out of construction work in accordance with Chapter 3 Part 1. 298—Security of workplace (1) A person with management or control of a workplace at which construction work is carried out must ensure, so far as is reasonably practicable, that the workplace is secured from unauthorised access. (2) In complying with subregulation (1), the person must have regard to all relevant matters including— (a) risks to health and safety arising from unauthorised access to the workplace; and (b) the likelihood of unauthorised access occurring; and The proximity of the workplace to places frequented by children, including schools, parks and shopping precincts. (c) to the extent that unauthorised access to the workplace cannot be prevented—how to isolate hazards within the workplace. Division 2—High risk construction work—safe work method statements 299—Safe work method statement required for high risk construction work (1) A person conducting a business or undertaking that includes the carrying out of high risk construction work must, before high risk construction work commences, ensure that a safe work method statement for the proposed work— (a) is prepared; or (b) has already been prepared by another person. (2) A safe work method statement must— (a) identify the work that is high risk construction work; and (b) specify hazards relating to the high risk construction work and risks to health and safety associated with those hazards; and (c) describe the measures to be implemented to control the risks; and (d) describe how the control measures are to be implemented, monitored and reviewed. (3) A safe work method statement must— (a) be prepared taking into account all relevant matters including— (i) circumstances at the workplace that may affect the way in which the high risk construction work is carried out; and (ii) if the high risk construction work is carried out in connection with a construction project—the WHS management plan that has been prepared for the workplace; and (b) be set out and expressed in a way that is readily accessible and understandable to persons who use it. 300—Compliance with safe work method statement (1) A person conducting a business or undertaking that includes the carrying out of high risk construction work must put in place arrangements for ensuring that high risk construction work is carried out in accordance with the safe work method statement for the work. (2) If high risk construction work is not carried out in accordance with the safe work method statement for the work, the person must ensure that the work— (a) is stopped immediately or as soon as it is safe to do so; and (b) resumed only in accordance with the statement. 301—Safe work method statement—copy to be given to principal contractor A person conducting a business or undertaking that includes carrying out high risk construction work in connection with a construction project must, before the high risk construction work commences, ensure that a copy of the safe work method statement for the work is given to the principal contractor. (a) In the case of an individual—$432 302—Review of safe work method statement A person conducting a business or undertaking must ensure that a safe work method statement is reviewed and as necessary revised if relevant control measures are revised under regulation 38. 303—Safe work method statement must be kept (1) Subject to subregulation (2), a person conducting a business or undertaking must keep a copy of the safe work method statement until the high risk construction work to which it relates is completed. (2) If a notifiable incident occurs in connection with the high risk construction work to which the statement relates, the person must keep the statement for at least 2 years after the incident occurs. (3) The person must ensure that for the period for which the statement must be kept under this regulation, a copy is readily accessible to any worker engaged by the person to carry out the high risk construction work. (4) The person must ensure that for the period for which the statement must be kept under this regulation, a copy is available for inspection under the Act. Division 3—Excavation work 304—Excavation work—underground essential services information (1) This regulation applies in relation to a part of a workplace where excavation work is being carried out and any adjacent areas. (2) A person with management or control of the workplace must take all reasonable steps to obtain current underground essential services information about the areas referred to in subregulation (1) before directing or allowing the excavation work to commence. (3) The person with management or control of the workplace must provide the information obtained under subregulation (2) to any person engaged by the person to carry out the excavation work. (4) The person with management or control of the workplace and any person conducting a business or undertaking who is given information under subregulation (3) must have regard to the information referred to in subregulation (2) in carrying out or directing or allowing the carrying out of the excavation work. Legislation relating to the essential services may also impose duties on the person conducting the business or undertaking and the persons carrying out the work. (5) The person with control or management of the workplace must ensure that the information referred to in subregulation (2) is available for inspection under the Act for the period specified in subregulation (6). (6) The information must be available— (a) if a notifiable incident occurs in connection with the excavation work to which the information relates—for at least 2 years after the incident occurs; and (b) in every other case—until the excavation work is completed. (7) In this regulation— underground essential services means essential services that use pipes, cables or other associated plant located underground; underground essential services information, in relation to proposed excavation work, means the following information about underground essential services that may be affected by the excavation: (a) the essential services that may be affected; (b) the location, including the depth, of any pipes, cables or other plant associated with the affected essential services; (c) any conditions on the proposed excavation work. 305—Management of risks to health and safety associated with excavation work (1) A person conducting a business or undertaking must manage risks to health and safety associated with excavation work, in accordance with Chapter 3 Part 1. (2) The risks this regulation applies to include the following: (a) a person falling into an excavation; (b) a person being trapped by the collapse of an excavation; (c) a person working in an excavation being struck by a falling thing; (d) a person working in an excavation being exposed to an airborne contaminant. (3) In complying with subregulation (1), the person must have regard to all relevant matters including the following: (a) the nature of the excavation; (b) the nature of the excavation work, including the range of possible methods of carrying out the work; (c) the means of entry into and exit from the excavation, if applicable. 306—Additional controls—trenches (1) A person conducting a business or undertaking, who proposes to excavate a trench at least 1.5 metres deep must ensure, so far as is reasonably practicable, that the work area is secured from unauthorised access (including inadvertent entry). (2) In complying with subregulation (1), the person must have regard to all relevant matters including— (a) risks to health and safety arising from unauthorised access to the work area; and (b) the likelihood of unauthorised access occurring. (3) In addition, the person must minimise the risk to any person arising from the collapse of the trench by ensuring that all sides of the trench are adequately supported by doing 1 or more of the following: (a) shoring by shielding or other comparable means; (b) benching; (c) battering. (4) Subregulation (3) does not apply if the person receives written advice from a geotechnical engineer that all sides of the trench are safe from collapse. (5) An advice under subregulation (4)— (a) may be subject to a condition that specified natural occurrences may create a risk of collapse; and (b) must state the period of time to which the advice applies. Part 4—Additional duties of principal contractor 307—Application of Chapter 6 Part 4 This Part— (a) applies in relation to a construction project; and (b) imposes duties on the principal contractor for the project that are additional to the duties imposed under Chapter 6 Part 3. As a principal contractor has management or control of a workplace, the principal contractor is also subject to duties imposed by the Act and these regulations on a person with management or control of a workplace. 308—Specific control measure—signage identifying principal contractor (1) The principal contractor for a construction project must ensure that signs are installed, that— (a) show the principal contractor's name and telephone contact numbers (including an after hours telephone number); and (b) show the location of the site office for the project, if any; and (c) are clearly visible from outside the workplace, or the work area of the workplace, where the construction project is being undertaken. (2) Subregulation (1) operates in addition to the requirements of the Building Work Contractors Act 1995. 309—WHS management plan—preparation (1) The principal contractor for a construction project must prepare a written WHS management plan for the workplace before work on the project commences. (2) A WHS management plan must include the following: (a) the names, positions and health and safety responsibilities of all persons at the workplace whose positions or roles involve specific health and safety responsibilities in connection with the project; (b) the arrangements in place, between any persons conducting a business or undertaking at the workplace where the construction project is being undertaken, for consultation, co‑operation and the co‑ordination of activities in relation to compliance with their duties under the Act and these regulations; (c) the arrangements in place for managing any work health and safety incidents that occur; (d) any site‑specific health and safety rules, and the arrangements for ensuring that all persons at the workplace are informed of these rules; (e) the arrangements for the collection and any assessment, monitoring and review of safe work method statements at the workplace. 310—WHS management plan—duty to inform The principal contractor for a construction project must ensure, so far as is reasonably practicable, that each person who is to carry out construction work in connection with the project is, before commencing work, made aware of— (a) the content of the WHS management plan for the workplace; and (b) the person's right to inspect the WHS management plan under regulation 313. 311—WHS management plan—review (1) The principal contractor for a construction project must review and, as necessary, revise the WHS management plan to ensure that it remains up‑to‑date. (2) The principal contractor for a construction project must ensure, so far as is reasonably practicable, that each person carrying out construction work in connection with the project is made aware of any revision to the WHS management plan. 312—High risk construction work—safe work method statements The principal contractor for a construction project must take all reasonable steps to obtain a copy of the safe work method statement relating to high risk construction work before the high risk construction work commences. The WHS management plan contains arrangements for co‑operation between persons conducting a business or undertaking at the construction project workplace, including in relation to the preparation of safe work method statements (see regulation 309(2)(b) and (e)). 313—Copy of WHS management plan must be kept (1) Subject to subregulation (2), the principal contractor for a construction project must ensure that a copy of the WHS management plan for the project is kept until the project to which it relates is completed. (2) If a notifiable incident occurs in connection with the construction project to which the statement relates, the person must keep the WHS management plan for at least 2 years after the incident occurs. (3) The person must ensure that, for the period for which the WHS management plan must be kept under this regulation, a copy is readily accessible to any person who is to carry out construction work in connection with the construction project. (4) The person must ensure that for the period for which the WHS management plan must be kept under this regulation, a copy is available for inspection under the Act. WHS management plan means the initial plan and all revised versions of the plan. 314—Further health and safety duties—specific regulations The principal contractor for a construction project must put in place arrangements for ensuring compliance at the workplace with the following: (a) Division 2 of Chapter 3 Part 2; (b) Division 3 of Chapter 3 Part 2; (c) Division 4 of Chapter 3 Part 2; (d) Division 5 of Chapter 3 Part 2; (e) Division 7 of Chapter 3 Part 2; (f) Division 8 of Chapter 3 Part 2; (g) Division 9 of Chapter 3 Part 2; (h) Division 10 of Chapter 3 Part 2; (i) Chapter 4 Part 4. All persons conducting a business or undertaking at the construction project workplace have these same duties (see Chapter 3 Part 2 of these regulations and section 19 of the Act). Section 16 of the Act provides for situations in which more than 1 person has the same duty. 315—Further health and safety duties—specific risks The principal contractor for a construction project must in accordance with Chapter 3 Part 1 manage risks to health and safety associated with the following: (a) the storage, movement and disposal of construction materials and waste at the workplace; (b) the storage at the workplace of plant that is not in use; (c) traffic in the vicinity of the workplace that may be affected by construction work carried out in connection with the construction project; (d) essential services at the workplace. Part 5—General construction induction training Division 1—General construction induction training requirements 316—Duty to provide general construction induction training A person conducting a business or undertaking must ensure that general construction induction training is provided to a worker engaged by the person who is to carry out construction work, if the worker— (a) has not successfully completed general construction induction training; or (b) successfully completed general construction induction training more than 2 years previously and has not carried out construction work in the preceding 2 years. 317—Duty to ensure worker has been trained (1) A person conducting a business or undertaking must not direct or allow a worker to carry out construction work unless— (a) the worker has successfully completed general construction induction training; and (b) if the worker completed the training more than 2 years previously—the worker has carried out construction work in the preceding 2 years. (2) The person conducting the business or undertaking must ensure that— (a) the worker holds a general construction induction training card; or (b) if the worker has applied for but not yet been issued with a general construction induction training card, the worker holds a general construction induction training certification, issued within the preceding 60 days. 318—Recognition of general construction induction training cards issued in other jurisdictions (1) In this Part (other than Division 2), a reference to a general construction induction training card includes a reference to a similar card issued under a corresponding WHS law. (2) Subregulation (1) does not apply to a card that is cancelled in the corresponding jurisdiction. Division 2—General construction induction training cards 319—Issue of card (1) A person who has successfully completed general construction induction training in the State may apply to the regulator for a general construction induction training card. (2) The application must be made in the manner and form required by the regulator. (3) The application must include the following information: (a) the applicant's name and any other evidence of the applicant's identity required by the regulator; (i) a general construction induction training certification issued to the applicant; or (ii) a written declaration by the person who provided the general construction induction training on behalf of the relevant RTO that the applicant has successfully completed general construction induction training. (4) The application must be accompanied by the relevant fee. (5) The application must be made— (a) within 60 days after the issue of the general construction induction training certification; or (b) if the application is accompanied by a declaration referred to in subregulation (3)(b)(ii), at any time after completion of the general construction induction training. (6) The regulator must issue a general construction induction training card to the applicant if— (a) the application has been made in accordance with this regulation; and (b) the regulator is satisfied that the applicant has successfully completed general construction induction training. (7) The regulator must make a decision on the application as soon as practicable. (8) If the regulator has not decided on the application within 60 days, the applicant is taken to hold a general construction induction training card until a decision is made. 320—Content of card A general construction induction training card must— (a) state the following: (i) that the card holder has completed general construction induction training; (ii) the name of the card holder; (iii) the date on which the card was issued; (iv) a unique identifying number; (v) the State in which the card was issued; and (b) contain the card holder's signature. 321—Replacement card (1) If a general construction induction training card issued by the regulator is lost, stolen or destroyed, the card holder may apply to the regulator for a replacement card. A card holder is required to keep the card available for inspection under regulation 326. (2) An application for a replacement general construction induction training card must be made in the manner and form required by the regulator. (3) The application must— (a) include a declaration about the circumstances in which the card was lost, stolen or destroyed; and See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations. (4) The regulator may issue a replacement card if satisfied that the original general construction induction training card has been lost, stolen or destroyed. 322—Refusal to issue or replace card The regulator may refuse to issue a general construction induction training card or a replacement general construction induction training card if satisfied that the applicant— (a) gave information that was false or misleading in a material particular; or (b) failed to give information that should have been given; or (c) produced a general construction induction training certification that had been obtained on the basis of the giving of false or misleading information by any person or body. A decision to refuse to issue or replace a general construction induction training card is a reviewable decision (see regulation 676). 323—Cancellation of card—grounds The regulator may cancel a general construction induction training card issued by the regulator or an RTO if— (a) satisfied that the card holder, when applying for the card— (ii) failed to give information that should have been given; or (iii) produced a general construction induction training certification that had been obtained on the basis of the giving of false or misleading information by any person or body; or (b) not satisfied as to the adequacy of the training provided to the card holder. A decision to cancel a general construction induction training card is a reviewable decision (see regulation 676). 324—Cancellation of card—process (1) The regulator must, before cancelling a general construction induction training card, give the card holder— (a) written notice of the proposed cancellation that outlines all relevant allegations, facts and circumstances known to the regulator; and (b) a reasonable opportunity to make submissions to the regulator in relation to the proposed cancellation. (2) On cancelling a general construction induction training card, the regulator must give the card holder a written notice of its decision, stating— (a) when the cancellation takes effect; and (b) the reasons for the cancellation; and (c) when the card must be returned to the regulator. 325—RTO may enter agreement to issue cards (1) The regulator may enter into an agreement with an RTO that empowers the RTO to exercise the functions and powers of the regulator under regulations 319, 321, 322 and 323 with any necessary alterations. (2) If an RTO with whom the regulator has entered an agreement under this regulation exercises functions and powers of the regulator in accordance with the agreement, the exercise of those functions and powers has the same effect as if they had been exercised by the regulator. (3) Without limiting subregulation (2)— (a) a decision of an RTO in exercising a function or power of the regulator in accordance with the agreement is taken to be a decision of the regulator; and (b) a general construction induction training card issued by the RTO is taken to have been issued by the regulator. (4) Nothing in an agreement under this regulation prevents the regulator from exercising its functions and powers under this Division. Division 3—Duties of workers 326—Duties of workers (1) A worker carrying out construction work must keep available for inspection under the Act— (a) his or her general construction induction training card; or (b) in the circumstances set out in regulation 319(5), a general induction training certification held by the worker, until a decision is made on the application for the general construction induction training card. (2) A card holder, on receiving a cancellation notice under regulation 324(2), must return the card in accordance with the notice. (3) Subregulation (1)(a) does not apply if the card is not in the possession of the worker (card holder) because— (a) it has been lost, stolen or destroyed; and (b) the card holder has applied for, but has not received, a replacement card. 327—Alteration of general construction induction training card A person who holds a general construction induction training card must not intentionally or recklessly alter the card. Chapter 7—Hazardous chemicals Part 1—Hazardous chemicals Most of the obligations in this Part apply to persons conducting businesses or undertakings at a workplace. However, some obligations apply to persons in different capacities, for example importers and suppliers of hazardous chemicals. Division 1—Application of Chapter 7 Part 1 328—Application of Chapter 7 Part 1 (1) This Part applies to— (a) the use, handling and storage of hazardous chemicals at a workplace and the generation of hazardous substances at a workplace; and (b) a pipeline used to convey a hazardous chemical. (2) This Part does not apply to a pipeline— (a) that forms part of a distribution system within the meaning of the Gas Act 1997; or (b) that is a transmission pipeline, or part of a transmission pipeline, to which a pipeline licence under the Petroleum and Geothermal Energy Act 2000 relates; or (c) to which a pipeline licence under the Petroleum (Submerged Lands) Act 1982 relates. (3) This Part applies to the handling or storage of dangerous goods listed in column 2 of table 328, other than at a workplace, if the quantity of the dangerous goods is more than the relevant threshold referred to in column 3 of the table. Table 328 Column 1 Item Column 2 Dangerous goods Column 3 Threshold quantities Liquefied Petroleum Gas (LP gas) (dangerous goods Class 2.1) If the LP gas is stored in packages outside a building, and connected by piping to appliances within the building that contain the gas—500 L (water capacity) Compressed gas of Class 2.1 (excluding LP gas), Class 2.2 or compressed oxygen if: (a) each is in one or more containers in an aggregate capacity not exceeding 50 L; and (b) the dangerous goods as a whole form part of a welding set or are used or intended to be used with a portable flame torch. Compressed oxygen or air that is used or intended to be used for medical purposes. Dangerous goods Class 3 250 L Pool Chlorine and spa sanitising agents Sodium Hypochlorite designated by UN Number 1791 100 L Dangerous goods Class 9 Dangerous goods Packing Group 1 5 kg or L C1 combustible liquids 1000 L Dangerous goods Class 2.3 Nil kg or L Any dangerous goods other than those stated above (4) This Part does not apply to hazardous chemicals and explosives being transported by road, rail, sea or air if the transport is regulated under the Dangerous Substances (Dangerous Goods Transport) Regulations 2008 or the law of another jurisdiction. (5) This Part does not apply to the following hazardous chemicals in the circumstances described: (a) hazardous chemicals in batteries when incorporated in plant; (b) fuel, oils or coolants in a container fitted to a vehicle, vessel, aircraft, mobile plant, appliance or other device, if the fuel, oil or coolant is intended for use in the operation of the device; (c) fuel in the fuel container of a domestic or portable fuel burning appliance, if the quantity of fuel does not exceed 25 kilograms or 25 litres; (d) hazardous chemicals in portable firefighting or medical equipment for use in a workplace; (e) hazardous chemicals that form part of the integrated refrigeration system of refrigerated freight containers; (f) potable liquids that are consumer products at retail premises. (6) This Part, other than the following regulations and Schedule 7, does not apply to substances, mixtures or articles categorised as explosives under the GHS: (a) regulation 329; (b) regulation 330; (c) regulation 339; (d) regulation 344; (e) regulation 345. (7) This Part does not apply to the following: (a) food and beverages within the meaning of the Food Standards Australia New Zealand Food Standards Code that are in a package and form intended for human consumption; (b) tobacco or products made of tobacco; (c) therapeutic goods within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth at the point of intentional intake by or administration to humans; (d) veterinary chemical products within the meaning of the Agvet Code at the point of intentional administration to animals. Division 2—Obligations relating to safety data sheets and other matters Subdivision 1—Obligations of manufacturers and importers 1 A manufacturer or importer of hazardous chemicals may also be a person conducting a business or undertaking at a workplace. 2 A manufacturer or importer is defined in section 23 or 24 of the Act as a person conducting a business or undertaking of manufacturing or importing. 329—Classification of hazardous chemicals The manufacturer or importer of a substance, mixture or article must, before first supplying it to a workplace— (a) determine whether the substance, mixture or article is a hazardous chemical; and (b) if the substance, mixture or article is a hazardous chemical—ensure that the hazardous chemical is correctly classified in accordance with Part 1 of Schedule 9. 330—Manufacturer or importer to prepare and provide safety data sheets (1) A manufacturer or importer of a hazardous chemical must prepare a safety data sheet for the hazardous chemical— (a) before first manufacturing or importing the hazardous chemical; or (b) if that is not practicable—as soon as practicable after first manufacturing or importing the hazardous chemical and before first supplying it to a workplace. (2) The safety data sheet must comply with clause 1 of Schedule 7 unless regulation 331 applies. (3) The manufacturer or importer of the hazardous chemical must— (a) review the safety data sheet at least once every 5 years; and (b) amend the safety data sheet whenever necessary to ensure that it contains correct, current information. (4) The manufacturer or importer of the hazardous chemical must provide the current safety data sheet for the hazardous chemical to any person, if the person— (a) is likely to be affected by the hazardous chemical; and (b) asks for the safety data sheet. (5) Subregulations (3) and (4) do not apply to a manufacturer or importer of a hazardous chemical who has not manufactured or imported the hazardous chemical in the past 5 years. 331—Safety data sheets—research chemical, waste product or sample for analysis (a) a hazardous chemical is a research chemical, waste product or sample for analysis; and (b) it is not reasonably practicable for a manufacturer or importer of the hazardous chemical to comply with clause 1 of Schedule 7. (2) The manufacturer or importer must prepare a safety data sheet for the hazardous chemical that complies with clause 2 of Schedule 7. 332—Emergency disclosure of chemical identities to registered medical practitioner (1) This regulation applies if a registered medical practitioner— (a) reasonably believes that knowing the chemical identity of an ingredient of a hazardous chemical may help to treat a patient; and (b) requests the manufacturer or importer of the hazardous chemical to give the registered medical practitioner the chemical identity of the ingredient; and (c) gives an undertaking to the manufacturer or importer that the chemical identity of the ingredient will be used only to help treat the patient; and (d) gives an undertaking to the manufacturer or importer to give the manufacturer or importer as soon as practicable a written statement about the need to obtain the chemical identity of the ingredient. (2) The manufacturer or importer of a hazardous chemical must give the registered medical practitioner the chemical identity of an ingredient of the hazardous chemical as soon as practicable. 333—Emergency disclosure of chemical identities to emergency service worker The manufacturer or importer of a hazardous chemical must give an emergency service worker the chemical identity of an ingredient of the hazardous chemical as soon as practicable after the worker requests it. 334—Packing hazardous chemicals The manufacturer or importer of a hazardous chemical must ensure that the hazardous chemical is correctly packed, in accordance with Part 2 of Schedule 9, as soon as practicable after manufacturing or importing the hazardous chemical. 335—Labelling hazardous chemicals (1) The manufacturer or importer of a hazardous chemical must ensure that the hazardous chemical is correctly labelled as soon as practicable after manufacturing or importing the hazardous chemical. (2) A hazardous chemical is correctly labelled if— (a) the selection and use of label elements is in accordance with the GHS and it complies with Part 3 of Schedule 9; or (b) the label includes content that complies with another labelling requirement imposed by these regulations or by another law of this State or of the Commonwealth and the content is the same, or substantially the same, as the content that is required by Part 3 of Schedule 9. (3) This regulation does not apply to a hazardous chemical if— (a) the hazardous chemical is a consumer product that is labelled in accordance with the Poisons Standard; and (b) the container for the hazardous chemical has its original label; and (c) it is reasonably foreseeable that the hazardous chemical will be used in a workplace only in— (i) a quantity that is consistent with household use; and (ii) a way that is consistent with household use; and (iii) a way that is incidental to the nature of the work carried out by a worker using the hazardous chemical. (4) This regulation does not apply to hazardous chemicals in transit. (5) This regulation does not apply to a hazardous chemical that— (a) is therapeutic goods within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth; and (b) is in a form intended for human consumption, for administration to or by a person or use by a person for therapeutic purposes; and (c) is labelled in accordance with that Act or an order made under that Act. (6) This regulation does not apply to cosmetics and toiletries. (7) This regulation does not apply to a hazardous chemical that is— (a) a veterinary chemical product within the meaning of the Agvet Code; and (b) listed in— (i) the Poisons Standard, Part 4, Schedule 4, if the chemical product is packaged and supplied in a form intended for direct administration to an animal for therapeutic purposes; or (ii) the Poisons Standard, Part 4, Schedule 8. (8) In this regulation— Poisons Standard means the Standard for the Uniform Scheduling of Medicines and Poisons October 2016 published by the Commonwealth, as in force or remade from time to time. Subdivision 2—Obligations of suppliers 1 A supplier of hazardous chemicals may also be a person conducting a business or undertaking at a workplace. 2 A supplier is defined in section 25 of the Act as a person who conducts a business or undertaking of supplying. 3 An operator of a major hazard facility is required to notify certain quantities of hazardous chemicals under Chapter 9 Part 2. 336—Restriction on age of person who can supply hazardous chemicals A person conducting a business or undertaking must not direct or allow a worker to supply a hazardous chemical that is a flammable gas or flammable liquid to another person into any container or vehicle provided by that other person unless the worker is at least 16 years of age. 1 Decanting fuel into a fuel container. 2 Refuelling a car. 337—Retailer or supplier packing hazardous chemicals (1) The supplier of a hazardous chemical must not supply the hazardous chemical for use at another workplace if the supplier knows or ought reasonably to know that the hazardous chemical is not correctly packed. (2) A retailer who supplies a hazardous chemical in a container provided by the person supplied with the chemical must ensure that the hazardous chemical is correctly packed. 338—Supplier labelling hazardous chemicals (1) The supplier of a hazardous chemical must not supply the hazardous chemical to another workplace if the supplier knows or ought reasonably to know that the hazardous chemical is not correctly labelled in accordance with regulation 335. (2) Subregulation (1) does not apply to a hazardous chemical manufactured or imported before 1 January 2023 that was, at the time it was manufactured or imported, labelled in accordance with GHS 3. 339—Supplier to provide safety data sheets (1) The supplier of a hazardous chemical to a workplace must ensure that the current safety data sheet for the hazardous chemical is provided with the hazardous chemical— (a) when the hazardous chemical is first supplied to the workplace; and (b) if the safety data sheet for the hazardous chemical is amended—when the hazardous chemical is first supplied to the workplace after the safety data sheet is amended. (2) A hazardous chemical is taken to be first supplied to a workplace if the supply is the first supply of the hazardous chemical to the workplace for 5 years. (3) The supplier of a hazardous chemical to a workplace must ensure that the current safety data sheet for the hazardous chemical is provided to a person at the workplace if the person asks for the safety data sheet. (4) This regulation does not apply to a supplier of a hazardous chemical if— (a) the hazardous chemical is a consumer product; or (b) the supplier is a retailer. A manufacturer or importer is required to prepare a safety data sheet under regulation 330. 340—Supply of prohibited and restricted carcinogens (1) The supplier of a prohibited carcinogen referred to in an item in Schedule 10, table 10.1 must not supply the substance unless the person to be supplied with the substance gives the supplier evidence that— (a) the substance is to be used, handled or stored for genuine research or analysis; and (i) the regulator has authorised the person to use, handle or store the substance under regulation 384; or (ii) the regulator has granted an exemption under Chapter 11 Part 2 to the person to use, handle or store the substance. (2) The supplier of a restricted carcinogen referred to in an item in Schedule 10, table 10.2, column 2 must not supply the substance for a use referred to in column 3 for the item unless the person to be supplied with the substance gives the supplier evidence that— (a) the regulator has authorised the person to use, handle or store the substance under regulation 383; or (b) the regulator has granted an exemption to the person under Chapter 11 Part 2 to use, handle or store the substance. (3) A supplier under subregulation (1) or (2) must keep a record of— (a) the name of the person supplied; and (b) the name and quantity of the substance supplied. (4) The supplier must keep the record for 5 years after the substance was last supplied to the person. Subdivision 3—Obligations of persons conducting businesses or undertakings 341—Labelling hazardous chemicals—general requirement (1) A person conducting a business or undertaking at a workplace must ensure that a hazardous chemical used, handled or stored at the workplace is correctly labelled in accordance with regulation 335. (2) Subregulation (1) does not apply to a hazardous chemical if the chemical— (a) was manufactured before 1 January 2017 and is labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC:2012(1994)] as in force at the time it was manufactured; or (b) in the case of an imported hazardous chemical—was imported before 1 January 2017 and is labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC:2012(1994)] as in force at the time it was imported; or (c) was manufactured or imported before 1 January 2023 and was, at the time it was manufactured or imported, labelled in accordance with GHS 3. 342—Labelling hazardous chemicals—containers (1) A person conducting a business or undertaking at a workplace must ensure that a hazardous chemical is correctly labelled in accordance with regulation 335 if the hazardous chemical is— (a) manufactured at the workplace; or (b) transferred or decanted from its original container at the workplace. (1a) Subregulation (1) does not apply to a hazardous chemical— (a) manufactured, at the workplace, or transferred or decanted from its original container at the workplace, before 1 January 2017 that was, at the time it was manufactured, or transferred or decanted from its original container, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC:2012(1994)] as in force at that time; or (b) manufactured at the workplace before 1 January 2023 that was, at the time it was manufactured, labelled in accordance with GHS 3; or (c) transferred or decanted from its original container at the workplace that was— (i) manufactured or imported before 1 January 2023; and (ii) at the time it was manufactured or imported, labelled in accordance with GHS 3. (2) A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a container that stores a hazardous chemical is correctly labelled in accordance with regulation 335 while the container contains the hazardous chemical. (2a) Subregulation (2) does not apply to a container— (a) that stores a hazardous chemical manufactured or, in the case of an imported hazardous chemical, imported before 1 January 2017 if the container is labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC:2012(1994)] as in force at the time it was manufactured or imported (as the case requires); or (b) manufactured or imported before 1 January 2023 that was, at the time it was manufactured or imported, labelled in accordance with GHS 3. (3) A person conducting a business or undertaking at a workplace must ensure that a container labelled for a hazardous chemical is used only for the use, handling or storage of the hazardous chemical. (4) This regulation does not apply to a container if— (a) the hazardous chemical in the container is used immediately after it is put in the container; and (b) the container is thoroughly cleaned immediately after the hazardous chemical is used, handled or stored so that the container is in the condition it would be in if it had never contained the hazardous chemical. 343—Labelling hazardous chemicals—pipe work A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a hazardous chemical in pipe work is identified by a label, sign or another way on or near the pipe work. 344—Person conducting business or undertaking to obtain and give access to safety data sheets (1) A person conducting a business or undertaking at a workplace must obtain the current safety data sheet for a hazardous chemical prepared in accordance with these regulations from the manufacturer, importer or supplier of the hazardous chemical in the following circumstances: (a) either— (i) not later than when the hazardous chemical is first supplied for use at the workplace; or (ii) if the person is not able to obtain the safety data sheet under subparagraph (i)—as soon as practicable after the hazardous chemical is first supplied to the workplace but before the hazardous chemical is used at the workplace; (b) if the safety data sheet for the hazardous chemical is amended either— (i) not later than when the hazardous chemical is first supplied to the workplace after the safety data sheet is amended; or (ii) if the person is not able to obtain the amended safety data sheet under subparagraph (i)—as soon as practicable after the hazardous chemical is first supplied to the workplace after the safety data sheet is amended and before the hazardous chemical supplied is used at the workplace. (2) The hazardous chemical is taken to be first supplied to a workplace if the supply is the first supply of the hazardous chemical to the workplace for 5 years. (3) The person must ensure that the current safety data sheet for the hazardous chemical is readily accessible to— (a) a worker who is involved in using, handling or storing the hazardous chemical at the workplace; and (b) an emergency service worker, or anyone else, who is likely to be exposed to the hazardous chemical at the workplace. (4) Subregulations (1) and (3) do not apply to a hazardous chemical that— (a) is in transit; or (b) if the person conducting the business or undertaking at the workplace is a retailer is— (i) a consumer product; and (ii) intended for supply to other premises; or (c) is a consumer product and it is reasonably foreseeable that the hazardous chemical will be used at the workplace only in— (i) quantities that are consistent with household use; or (ii) a way that is consistent with household use; and (iii) a way that is incidental to the nature of the work carried out by a worker using the hazardous chemical. (5) In the circumstances referred to in subregulation (4), the person must ensure that sufficient information about the safe use, handling and storage of the hazardous chemical is readily accessible to— (a) a worker at the workplace; and (b) an emergency service worker, or anyone else, who is likely to be exposed to the hazardous chemical at the workplace. (6) The person must ensure that the current safety data sheet for the hazardous chemical is readily accessible to a person at the workplace if the person— (a) is likely to be affected by the hazardous chemical; and (b) asks for the safety data sheet. 345—Changes to safety data sheets A person conducting a business or undertaking at a workplace may change a safety data sheet for a hazardous chemical only if— (a) the person— (i) is an importer or manufacturer of the hazardous chemical; and (ii) changes the safety data sheet in a way that is consistent with the duties of the importer or manufacturer under regulation 330; or (b) the change is only the attachment of a translation of the safety data sheet, and clearly states that the translation is not part of the original safety data sheet. The manufacturer or importer of a hazardous chemical must amend a safety data sheet as necessary to ensure the information is correct and current (see regulation 330(3)(b)). Division 3—Register and manifest of hazardous chemicals Subdivision 1—Hazardous chemicals register 346—Hazardous chemicals register (1) A person conducting a business or undertaking at a workplace must ensure that— (a) a register of hazardous chemicals used, handled or stored at the workplace is prepared and kept at the workplace; and (b) the register is maintained to ensure the information in the register is up to date. (2) The register must include— (a) a list of hazardous chemicals used, handled or stored; and (b) the current safety data sheet for each hazardous chemical listed. (3) The person must ensure that the register is readily accessible to— (a) a worker involved in using, handling or storing a hazardous chemical; and (b) anyone else who is likely to be affected by a hazardous chemical at the workplace. (4) This regulation does not apply to a hazardous chemical if— (a) the hazardous chemical is in transit, unless there is a significant or frequent presence of the hazardous chemical in transit at the workplace; or (b) the hazardous chemical is a consumer product and the person is not required to obtain a safety data sheet for the hazardous chemical under regulation 344. See regulation 344(4). Subdivision 2—Manifest of Schedule 11 hazardous chemicals Regulation 361 requires an emergency plan to be prepared if the quantity of hazardous chemicals used, handled or stored at a workplace exceeds the manifest quantity for that hazardous chemical. 347—Manifest of hazardous chemicals (1) A person conducting a business or undertaking at a workplace must, if the quantity of a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals used, handled or stored at the workplace exceeds the manifest quantity for the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals— (a) prepare a manifest of Schedule 11 hazardous chemicals; and (b) amend the manifest as soon as practicable if— (i) the type or quantity of Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals that must be listed in the manifest changes; or (ii) there is a significant change in the information required to be recorded in the manifest. (2) A manifest of Schedule 11 hazardous chemicals must comply with Schedule 12. (3) The person must keep the manifest— (a) in a place determined in agreement with a primary emergency service organisation; and (b) available for inspection under the Act; and (c) readily accessible to the emergency service organisation. Division 4—Placards 349—Outer warning placards—requirement to display (1) A person conducting a business or undertaking at a workplace must ensure that an outer warning placard is prominently displayed at the workplace if the total quantity of a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals used, handled or stored at the workplace exceeds the placard quantity for the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals. (2) An outer warning placard must comply with Schedule 13. (3) This regulation does not apply to a workplace if— (a) the workplace is a retail outlet; and (b) the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals is used to refuel a vehicle, and is either— (i) a flammable gas; or (ii) a flammable liquid. 350—Placard—requirement to display (1) A person conducting a business or undertaking at a workplace must ensure that a placard is prominently displayed at the workplace if the total quantity of a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals stored at the workplace exceeds the placard quantity for the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals. (2) A placard must comply with Schedule 13. (3) This regulation does not apply to a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals if— (a) the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals is in bulk in a container, including an IBC, that is intended for transport and a placard is displayed on the container in accordance with the ADG Code; or (b) the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals is a flammable liquid stored in an underground tank at a retail outlet and used to refuel a vehicle. Division 5—Control of risk—obligations of persons conducting businesses or undertakings Subdivision 1—General obligations relating to management of risk 351—Management of risks to health or safety (1) A person conducting a business or undertaking must manage, in accordance with Chapter 3 Part 1, risks to health and safety associated with using, handling, generating or storing a hazardous chemical at a workplace. WHS Act—see section 19 (see regulation 9). (2) In managing risks the person must have regard to the following: (a) the hazardous properties of the hazardous chemical; (b) any potentially hazardous chemical or physical reaction between the hazardous chemical and another substance or mixture, including a substance that may be generated by the reaction; (c) the nature of the work to be carried out with the hazardous chemical; (d) any structure, plant or system of work— (i) that is used in the use, handling, generation or storage of the hazardous chemical; or (ii) that could interact with the hazardous chemical at the workplace. 352—Review of control measures In addition to the circumstances in regulation 38, a person conducting a business or undertaking at a workplace must ensure that any measures implemented to control risks in relation to a hazardous chemical at the workplace are reviewed and as necessary revised in any of the following circumstances: (a) following any change to the safety data sheet for the hazardous chemical or the register of hazardous chemicals; (b) if the person obtains a health monitoring report for a worker under Division 6 that contains— (i) test results that indicate that the worker has been exposed to the hazardous chemical and has an elevated level of metabolites in his or her body for that hazardous chemical; or (ii) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work using, handling, generating or storing the hazardous chemical that triggered the requirement for health monitoring; or (iii) any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work using, handling, generating or storing the hazardous chemical that triggered the requirement for health monitoring; (c) if monitoring carried out under regulation 50 determines that the airborne concentration of the hazardous chemical at the workplace exceeds the relevant exposure standard; (d) at least once every 5 years. 353—Safety signs (1) This regulation applies if a safety sign is required to control an identified risk in relation to using, handling, generating or storing hazardous chemicals at a workplace. (2) A person conducting a business or undertaking at the workplace must display a safety sign at the workplace to— (a) warn of a particular hazard associated with the hazardous chemicals; or (b) state the responsibilities of a particular person in relation to the hazardous chemicals. (3) The person must ensure that the safety sign is— (a) located next to the hazard; and (b) clearly visible to a person approaching the hazard. safety sign does not include a placard. 354—Identification of risk of physical or chemical reaction (1) A person conducting a business or undertaking at a workplace must identify any risk of a physical or chemical reaction in relation to a hazardous chemical used, handled, generated or stored at a workplace. (2) Subregulation (1) does not apply if the hazardous chemical undergoes the physical or chemical reaction in a manufacturing process or as part of a deliberate process or activity at the workplace. (3) A person conducting a business or undertaking at a workplace must take all reasonable steps to ensure that a hazardous chemical is used, handled, generated or stored so as not to contaminate food, food packaging or personal use products. Personal use products— • cosmetics; • face washer. (4) Subregulation (3) does not apply to the use of a hazardous chemical for agricultural purposes when used in accordance with the Agricultural and Veterinary Products (Control of Use) Act 2002. 355—Specific control—fire and explosion A person conducting a business or undertaking at a workplace must, if there is a possibility of fire or explosion in a hazardous area being caused by an ignition source being introduced into the area, ensure that the ignition source is not introduced into the area (from outside or within the space). 356—Keeping hazardous chemicals stable (1) A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a hazardous chemical used, handled or stored at the workplace does not become unstable, decompose or change so as to— (a) create a hazard that is different from the hazard originally created by the hazardous chemical; or (b) significantly increase the risk associated with any hazard in relation to the hazardous chemical. (2) A person conducting a business or undertaking at a workplace must ensure that— (a) if the stability of a hazardous chemical used, handled or stored at the workplace is dependent on the maintenance of the proportions of the ingredients of the hazardous chemical—the proportions are maintained as stated in the safety data sheet for the chemical, or by the manufacturer of the hazardous chemical; and (b) if a hazardous chemical used, handled or stored at the workplace is known to be unstable above a particular temperature—the hazardous chemical is used, handled or stored at or below that temperature. (3) This regulation does not apply if— (a) the hazardous chemical is changed or allowed to become unstable, without risk to health or safety, as part of a deliberate process or activity at the workplace; or (b) the hazardous chemical undergoes a chemical reaction in a manufacturing process or as part of a deliberate process or activity at the workplace. Subdivision 2—Spills and damage 357—Containing and managing spills (1) A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that where there is a risk from a spill or leak of a hazardous chemical in a solid or liquid form, provision is made in each part of the workplace where the hazardous chemical is used, handled, generated or stored for a spill containment system that contains within the workplace any part of the hazardous chemical that spills or leaks, and any resulting effluent. (2) The person must ensure that the spill containment system does not create a hazard by bringing together different hazardous chemicals that are not compatible. (3) The person must ensure that the spill containment system provides for the cleanup and disposal of a hazardous chemical that spills or leaks, and any resulting effluent. (4) In subregulation (2)— compatible, for 2 or more substances, mixtures or items, means that the substances, mixtures or items do not react together to cause a fire, explosion, harmful reaction or evolution of flammable, toxic or corrosive vapour. 358—Protecting hazardous chemicals from damage A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that containers of hazardous chemicals and any associated pipe work or attachments are protected against damage caused by an impact or excessive loads. Subdivision 3—Emergency plans and safety equipment 359—Fire protection and firefighting equipment (1) A person conducting a business or undertaking at a workplace must ensure the following: (a) the workplace is provided with fire protection and firefighting equipment that is designed and built for the types of hazardous chemicals at the workplace in the quantities in which they are used, handled, generated or stored at the workplace, and the conditions under which they are used, handled, generated or stored, having regard to— (i) the fire load of the hazardous chemicals; and (ii) the fire load from other sources; and (iii) the compatibility of the hazardous chemicals with other substances and mixtures at the workplace; (b) the fire protection and firefighting equipment is compatible with firefighting equipment used by the primary emergency service organisations; (c) the fire protection and firefighting equipment is properly installed, tested and maintained; (d) a dated record is kept of the latest testing results and maintenance until the next test is conducted. (2) If a part of the fire protection and firefighting equipment provided at the workplace becomes unserviceable or inoperative, the person must ensure that— (a) the implications of the equipment being unserviceable or inoperative are assessed; and (b) for risks that were controlled by the equipment when functioning fully, alternative measures are taken to manage the risks. (3) The person must ensure that the fire protection and firefighting equipment is returned to full operation as soon as practicable. 360—Emergency equipment A person conducting a business or undertaking at a workplace that uses, handles, generates or stores hazardous chemicals must ensure that equipment is always available at the workplace for use in an emergency. A person conducting a business or undertaking must comply with Division 4 of Chapter 3 Part 2. 361—Emergency plans (1) This regulation applies if the quantity of a Schedule 11 hazardous chemical used, handled, generated or stored at a workplace exceeds the manifest quantity for that hazardous chemical. (2) A person conducting a business or undertaking at the workplace must give a copy of an emergency plan prepared under Division 4 of Chapter 3 Part 2 in relation to the workplace to a primary emergency service organisation. (3) If the primary emergency service organisation gives the person a written recommendation about the content or effectiveness of the emergency plan, the person must revise the plan in accordance with the recommendation. 362—Safety equipment (1) This regulation applies if safety equipment is required to control an identified risk in relation to using, handling, generating or storing hazardous chemicals at a workplace. (2) A person conducting a business or undertaking at the workplace must ensure that the safety equipment is provided, maintained and readily accessible to persons at the workplace. Subdivision 4—Storage and handling systems 363—Control of risks from storage or handling systems (1) A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a system used at the workplace for the use, handling or storage of hazardous chemicals— (a) is used only for a purpose for which it was designed, manufactured, modified, supplied or installed; and (b) is operated, tested, maintained, installed, repaired and decommissioned having regard to the health and safety of workers and other persons at the workplace. (2) The person must ensure that sufficient information, training and instruction is given to a person who operates, tests, maintains or decommissions a system used at a workplace for the use, handling or storage of hazardous chemicals for the activity to be carried out safely. Information provided at a training course. 364—Containers for hazardous chemicals used, handled or stored in bulk A person conducting a business or undertaking at a workplace must ensure that a container in which a hazardous chemical is used, handled or stored in bulk and any associated pipe work or attachments— (a) have stable foundations and supports; and (b) are secured to the foundations and supports to prevent any movement between the container and the associated pipe work or attachments to prevent— (i) damage to the container, the associated pipe work or attachments; and (ii) a notifiable incident. 365—Stopping use and disposing of handling systems (1) This regulation applies to a system used at a workplace for the use, handling or storage of hazardous chemicals if a person conducting a business or undertaking at the workplace intends that the system no longer be used for the use, handling or storage of the hazardous chemicals or be disposed of. (2) The person must ensure, so far as is reasonably practicable, that the system is free of the hazardous chemicals when the system stops being used for the use, handling or storage of the hazardous chemicals or is disposed of. (3) If it is not reasonably practicable to remove the hazardous chemicals from the system, the person must correctly label the system. For correctly labelling hazardous chemicals, see Subdivision 3 of Division 1. 366—Stopping use of underground storage and handling systems (1) This regulation applies in relation to a system used at a workplace for the use, handling or storage of hazardous chemicals underground if a person conducting a business or undertaking at the workplace intends that the system no longer be used for the use, handling or storage of the hazardous chemicals or be disposed of. (2) The person must ensure, so far as is reasonably practicable, that the system is removed. (3) If it is not reasonably practicable to remove the system, the person must ensure, so far as is reasonably practicable, that the system is without risks to health and safety. 367—Notification of abandoned tank (1) This regulation applies to a person conducting a business or undertaking at a workplace if— (a) the person controls or manages a tank at the workplace that is underground, partially underground or fully mounded; and (b) the tank was used to store flammable gases or flammable liquids. (2) The tank is taken to be abandoned if— (a) the tank has not been used to store flammable gases or flammable liquids for 2 years; or (b) the person does not intend to use the tank to store flammable gases or flammable liquids again. (3) The person must notify the regulator of the abandonment of the tank as soon as practicable after the tank is abandoned. tank means a container, other than an IBC designed to use, handle or store hazardous chemicals in bulk, and includes fittings, closures and other equipment attached to the container. Division 6—Health monitoring 368—Duty to provide health monitoring A person conducting a business or undertaking must ensure that health monitoring is provided to a worker carrying out work for the business or undertaking if— (a) the worker is carrying out ongoing work at a workplace using, handling, generating or storing hazardous chemicals and there is a significant risk to the worker's health because of exposure to a hazardous chemical referred to in Schedule 14, table 14.1, column 2; or (b) the person identifies that because of ongoing work carried out by a worker using, handling, generating or storing hazardous chemicals there is a significant risk that the worker will be exposed to a hazardous chemical (other than a hazardous chemical referred to in Schedule 14, table 14.1) and either— (i) valid techniques are available to detect the effect on the worker's health; or (ii) a valid way of determining biological exposure to the hazardous chemical is available and it is uncertain, on reasonable grounds, whether the exposure to the hazardous chemical has resulted in the biological exposure standard being exceeded. The biological exposure standard is published by Safe Work Australia. 369—Duty to inform of health monitoring A person conducting a business or undertaking who is required to provide health monitoring to a worker must give information about the health monitoring requirements to— (a) a person who is likely to be engaged to carry out work using, handling, generating or storing a hazardous chemical; and (b) a worker for the business or undertaking, before the worker commences work using, handling, generating or storing a hazardous chemical. 370—Duty to ensure that appropriate health monitoring is provided A person conducting a business or undertaking must ensure that health monitoring of a worker referred to in regulation 368 includes health monitoring of a type referred to in an item in Schedule 14, table 14.1, column 3 in relation to a hazardous chemical referred to in column 2 for the item, unless— (a) an equal or better type of health monitoring is available; and (b) the use of that other type of monitoring is recommended by a registered medical practitioner with experience in health monitoring. 371—Duty to ensure health monitoring is supervised by registered medical practitioner with experience (1) A person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in regulation 368 is carried out by or under the supervision of a registered medical practitioner with experience in health monitoring. 372—Duty to pay costs of health monitoring (1) A person conducting a business or undertaking must pay all expenses relating to health monitoring referred to in regulation 368. (2) If 2 or more persons conducting businesses or undertakings have a duty to provide health monitoring for a worker and have arranged for one of them to commission the health monitoring, the costs of the health monitoring for which any of those persons is liable must be apportioned equally between each of those persons unless they agree otherwise. 373—Information that must be provided to registered medical practitioner A person conducting a business or undertaking who commissions health monitoring for a worker must provide the following information to the registered medical practitioner carrying out or supervising the health monitoring: 374—Duty to obtain health monitoring report (1) A person conducting a business or undertaking who commissions health monitoring referred to in regulation 368 must take all reasonable steps to obtain a health monitoring report from the registered medical practitioner who carried out or supervised the monitoring as soon as practicable after the monitoring is carried out in relation to a worker. (d) the date of the health monitoring; (e) any test results that indicate whether or not the worker has been exposed to a hazardous chemical; (f) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring; (g) any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the type of work that triggered the requirement for health monitoring; (h) whether medical counselling is required for the worker in relation to the work that triggered the requirement for health monitoring. 375—Duty to give health monitoring report to worker The person conducting a business or undertaking who commissioned health monitoring for a worker must give a copy of the health monitoring report to the worker as soon as practicable after the person obtains the report. 376—Duty to give health monitoring report to regulator A person conducting a business or undertaking for whom a worker is carrying out work for which health monitoring is required must give a copy of the health monitoring report relating to a worker to the regulator as soon as practicable after obtaining the report if the report contains— (a) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work using, handling, generating or storing hazardous chemicals that triggered the requirement for health monitoring; or (b) any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work using, handling, generating or storing hazardous chemicals that triggered the requirement for health monitoring. 377—Duty to give health monitoring report to relevant persons conducting businesses or undertakings The person who commissioned health monitoring for a worker under regulation 368 must give a copy of the health monitoring report to all other persons conducting businesses or undertakings who have a duty to provide health monitoring for the worker as soon as practicable after obtaining the report. 378—Health monitoring records (1) A person conducting a business or undertaking must ensure that health monitoring reports in relation to a worker carrying out work for the business or undertaking are kept as a confidential record— (b) for at least 30 years after the record is made. (2) The person must ensure that the health monitoring report and results of a worker are not disclosed to another person without the worker's written consent. (3) Subregulation (2) does not apply if the record is disclosed under regulation 376 or 377 or to a person who must keep the record confidential under a duty of professional confidentiality. Division 7—Induction, information, training and supervision 379—Duty to provide supervision (1) A person conducting a business or undertaking at a workplace must provide any supervision to a worker that is necessary to protect the worker from risks to the worker's health and safety arising from the work if, at the workplace, the worker— (a) uses, handles, generates or stores a hazardous chemical; or (b) operates, tests, maintains, repairs or decommissions a storage or handling system for a hazardous chemical; or (c) is likely to be exposed to a hazardous chemical. (2) The person must ensure that the supervision of the worker is suitable and adequate having regard to— (a) the nature of the risks associated with the hazardous chemical; and (b) the information training and instruction required under regulation 39. In addition, section 19(3)(f) of the Act requires the provision of information, training, instruction and supervision. Division 8—Prohibition, authorisation and restricted use 380—Using, handling and storing prohibited carcinogens A person conducting a business or undertaking at a workplace must not use, handle or store, or direct or allow a worker at the workplace to use, handle or store, a prohibited carcinogen referred to in Schedule 10, table 10.1, column 2 unless— (a) the prohibited carcinogen is used, handled or stored for genuine research or analysis; and (b) the regulator has authorised the use, handling or storage of the prohibited carcinogen under regulation 384. 381—Using, handling and storing restricted carcinogens A person conducting a business or undertaking at a workplace must not use, handle or store, or direct or allow a worker at the workplace to use, handle or store, a restricted carcinogen referred to in an item in Schedule 10, table 10.2, column 2 for a purpose referred to in column 3 for the item unless the regulator has authorised the use, handling or storage of the restricted carcinogen under regulation 384. 382—Using, handling and storing restricted hazardous chemicals (1) A person conducting a business or undertaking at a workplace must not use, handle or store, or direct or allow a worker at the workplace to use, handle or store, a restricted hazardous chemical referred to in an item in Schedule 10, table 10.3, column 2 for a purpose referred to in column 3 for the item. (2) A person conducting a business or undertaking at a workplace must not use, handle or store, or direct or allow a worker at the workplace to use, handle or store, polychlorinated biphenyls (PCBs) unless the use, handling or storage is— (a) in relation to existing electrical equipment or construction material; or (b) for disposal purposes; or (c) for genuine research and analysis. 383—Application for authorisation to use, handle or store prohibited and restricted carcinogens (1) A person conducting a business or undertaking at a workplace may apply in writing to the regulator for authorisation to use, handle or store a prohibited carcinogen or restricted carcinogen referred to in Schedule 10 at the workplace. (a) the applicant's name and business address; (b) if the applicant conducts the business or undertaking under a business name, that business name; (c) the name and address of the supplier of the carcinogen; (d) the address where the carcinogen will be used, handled or stored; (e) the name of the carcinogen; (f) the quantity of the carcinogen to be used, handled or stored at the workplace each year; (g) the purpose and activity for which the carcinogen will be used, handled or stored; (h) the number of workers that may be exposed to the carcinogen; (i) how the person will manage risks to health and safety including a summary of the steps taken, or to be taken, by the person in relation to the following: (i) hazard identification; (ii) control measures; (iii) if elimination or substitution of the carcinogen is not reasonably practicable—why the elimination or substitution is not reasonably practicable; (j) any other information requested by the regulator. 384—Authorisation to use, handle or store prohibited carcinogens and restricted carcinogens (1) If a person applies under regulation 383, the regulator may grant an authorisation to use, handle or store a prohibited carcinogen or restricted carcinogen under this regulation. (2) The regulator may authorise the person to use, handle or store a prohibited carcinogen referred to in an item in Schedule 10, table 10.1 at the workplace only if the carcinogen will be used, handled or stored only for genuine research or analysis. (3) The regulator may authorise the person to use, handle or store a restricted carcinogen referred to in an item in Schedule 10, table 10.2 at the workplace only if the carcinogen will be used, handled or stored only for a use referred to in column 3 for the item. (4) The regulator may impose any conditions on the authorisation that the regulator considers necessary to achieve the objectives of the Act or these regulations. (5) The regulator must refuse to authorise the use, handling or storage of the carcinogen for a use not referred to in this regulation. A decision to refuse an authorisation is a reviewable decision (see regulation 676). 385—Changes to information in application to be reported A person who applies under regulation 383 for authorisation to use, handle or store a prohibited carcinogen or restricted carcinogen must give the regulator written notice of any change in the information given in the application before the change or as soon as practicable after the person becomes aware of the change. 386—Regulator may cancel authorisation The regulator may cancel an authorisation to use, handle or store a prohibited carcinogen or restricted carcinogen given under regulation 384 if satisfied that— (a) the person granted the authorisation has not complied with a condition on the authorisation; or (b) the risk to the health or safety of a worker that may be affected by using, handling or storing the carcinogen has changed since the authorisation was granted. A decision to cancel an authorisation is a reviewable decision (see regulation 676). 387—Statement of exposure to be given to workers (a) a person conducting a business or undertaking at a workplace is authorised under regulation 384 to use, handle or store a prohibited carcinogen or restricted carcinogen at the workplace; and (b) a worker uses, handles or stores the prohibited carcinogen or restricted carcinogen at the workplace. (2) The person must give to the worker, at the end of the worker's engagement by the person, a written statement of the following: (a) the name of the prohibited or restricted carcinogen to which the worker may have been exposed during the engagement; (b) the time the worker may have been exposed; (c) how and where the worker may obtain records of the possible exposure; (d) whether the worker should undertake regular health assessments, and the relevant tests to undertake. 388—Records to be kept (1) This regulation applies if a person conducting a business or undertaking at a workplace is authorised under regulation 384 to use, handle or store a prohibited carcinogen or restricted carcinogen at the workplace. (2) The person must— (a) record the full name, date of birth and address of each worker likely to be exposed to the prohibited carcinogen or restricted carcinogen during the period of authorisation; and (b) keep a copy of each authorisation given to the person including any conditions imposed on the authorisation. (3) The person must keep the records for 30 years after the authorisation ends. Division 9—Pipelines 389—Management of risk by pipeline owner (1) The owner of a pipeline used to transfer hazardous chemicals must manage risks associated with the transfer of the hazardous chemicals through that pipeline. Risks associated with the testing, installation, commissioning, operation, maintenance and decommissioning of the pipeline. (2) The owner of a pipeline used to transfer hazardous chemicals must ensure, so far as is reasonably practicable, that an activity, structure, equipment or substance that is not part of the pipeline does not affect the hazardous chemicals or the pipeline in a way that increases risk. 390—Pipeline builder's duties (1) This regulation applies to a person who intends to build a pipeline that will— (a) cross into a public place; and (b) be used to transfer a Schedule 11 hazardous chemical. (2) The person must ensure that, before the building of the pipeline commences, the regulator is given the following information: (a) the name of the pipeline's intended owner and operator; (b) the pipeline's specifications; (c) the intended procedures for the operation, maintenance, renewal and relaying of the pipeline; (d) any public place that the pipeline will cross; (e) the intended emergency response procedures. (3) The person must ensure that the regulator is given the information in the following circumstances: (a) before the pipeline is commissioned; (b) before the pipeline is likely to contain a hazardous chemical; (c) if there is any change in the information given under subregulation (2)—when the information changes; (d) if part of the pipeline is to be repaired—before the pipeline is repaired; (e) if part of the pipeline is removed, decommissioned, closed or abandoned—when the removal, decommissioning, closure or abandonment occurs. 391—Management of risks to health and safety by pipeline operator (1) A person conducting a business or undertaking at a workplace who is the operator of a pipeline (the operator) used to transfer hazardous chemicals must manage, in accordance with Chapter 3 Part 1, risks to health and safety associated with the transfer of the hazardous chemicals through the pipeline. (2) The operator of a pipeline used to transfer a hazardous chemical must ensure, so far as is reasonably practicable, that the hazardous chemical transferred is identified by a label, sign or another way on or near the pipeline. (3) The operator of a pipeline that transfers a Schedule 11 hazardous chemical into a public place must ensure that the regulator is notified of— (a) the supplier of the hazardous chemical; and (b) the receiver of the hazardous chemical; and (c) the correct classification of the hazardous chemical. Part 2—Lead In workplaces where lead processes are carried out, this Part applies in addition to Chapter 7 Part 1. Division 1—Lead process 392—Meaning of lead process In this Part, a lead process consists of any of the following carried out at a workplace: (a) work that exposes a person to lead dust or lead fumes arising from the manufacture or handling of dry lead compounds; (b) work in connection with the manufacture, assembly, handling or repair of, or parts of, batteries containing lead that involves the manipulation of dry lead compounds, or pasting or casting lead; (c) breaking up or dismantling batteries containing lead, or sorting, packing and handling plates or other parts containing lead that are removed or recovered from the batteries; (d) spraying molten lead metal or alloys containing more than 5% by weight of lead metal; (e) melting or casting lead alloys containing more than 5% by weight of lead metal in which the temperature of the molten material exceeds 450°C; (f) recovering lead from its ores, oxides or other compounds by thermal reduction process; (g) dry machine grinding, discing, buffing or cutting by power tools alloys containing more than 5% by weight of lead metal; (h) machine sanding or buffing surfaces coated with paint containing more than 1% by dry weight of lead; (i) a process by which electric arc, oxyacetylene, oxy gas, plasma arc or a flame is applied for welding, cutting or cleaning, to the surface of metal coated with lead or paint containing more than 1% by dry weight of lead metal; (j) radiator repairs that may cause exposure to lead dust or lead fumes; (k) fire assays if lead, lead compounds or lead alloys are used; (l) hand grinding and finishing lead or alloys containing more than 50% by dry weight of lead; (m) spray painting with lead paint containing more than 1% by dry weight of lead; (n) melting lead metal or alloys containing more than 50% by weight of lead metal if the exposed surface area of the molten material exceeds 0.1 square metre and the temperature of the molten material does not exceed 450°C; (o) using a power tool, including abrasive blasting and high pressure water jets, to remove a surface coated with paint containing more than 1% by dry weight of lead and handling waste containing lead resulting from the removal; (p) a process that exposes a person to lead dust or lead fumes arising from manufacturing or testing detonators or other explosives that contain lead; (q) a process that exposes a person to lead dust or lead fumes arising from firing weapons at an indoor firing range; (r) foundry processes involving— (i) melting or casting lead alloys containing more than 1% by weight of lead metal in which the temperature of the molten material exceeds 450°C; or (ii) dry machine grinding, discing, buffing or cutting by power tools lead alloys containing more than 1% by weight of lead metal; (s) a process decided by the regulator to be a lead process under regulation 393. 393—Regulator may decide lead process (1) The regulator may decide that a process to be carried out at a workplace is a lead process. (2) The regulator must not decide that the process is a lead process unless the regulator is satisfied on reasonable grounds that the process creates a risk to the health of a worker at the workplace having regard to blood lead levels of workers, or airborne lead levels, at the workplace. A decision that a process is a lead process is a reviewable decision (see regulation 676). (3) The regulator must, within 14 days after a decision is made under subregulation (1), give written notice of the decision to the person conducting a business or undertaking at the workplace. 394—Meaning of lead risk work In this Part— lead risk work means work carried out in a lead process that is likely to cause the blood lead level of a worker carrying out the work to exceed— (a) for the period up to and including 30 June 2021— (i) in the case of a female of reproductive capacity—10μg/dL (0.48μmol/L); or (ii) in any other case—30μg/dL (1.45μmol/L); or (b) from 1 July 2021— (i) in the case of a female of reproductive capacity—5μg/dL (0.24μmol/L); or (ii) in any other case—20μg/dL (0.97μmol/L). 395—Duty to give information about health risks of lead process (1) A person conducting a business or undertaking that carries out a lead process must give information about the lead process to— (a) a person who is likely to be engaged to carry out the lead process—before the person is engaged; and (b) a worker for the business or undertaking—before the worker commences the lead process. (2) If work is identified as lead risk work after a worker commences the work, the person conducting a business or undertaking must give information about the lead process to the worker as soon as practicable after it is identified as lead risk work and before health monitoring of the worker is provided under Division 4 of this Part. (3) The information that must be given is— (a) information about the health risks and toxic effects associated with exposure to lead; and (b) if the lead process involves lead risk work—the need for, and details of, health monitoring under Division 4 of this Part. Division 2—Control of risk 396—Containment of lead contamination A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that contamination by lead is confined to a lead process area at the workplace. 397—Cleaning methods (1) A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a lead process area at the workplace is kept clean. (2) The person must ensure that the methods used to clean a lead process area— (a) do not create a risk to the health of persons in the immediate vicinity of the area; and (b) do not have the potential to spread the contamination of lead. 398—Prohibition on eating, drinking and smoking (1) A person conducting a business or undertaking at a workplace must take all reasonable steps to ensure that a person does not eat, drink, chew gum, smoke or carry materials used for smoking in a lead process area at the workplace. (2) A person conducting a business or undertaking at a workplace must provide workers with an eating and drinking area that, so far as is reasonably practicable, cannot be contaminated with lead from a lead process. 399—Provision of changing and washing facilities (1) A person conducting a business or undertaking at a workplace must provide and maintain in good working order changing rooms and washing, showering and toilet facilities at the workplace so as to— (a) minimise secondary lead exposure from contaminated clothing; and (b) minimise ingestion of lead; and (c) avoid the spread of lead contamination. (2) The person must ensure, so far as is reasonably practicable, that workers at the workplace remove clothing and equipment that is or is likely to be contaminated with lead, and wash their hands and faces, before entering an eating or drinking area at the workplace. 400—Laundering, disposal and removal of personal protective equipment (1) A person conducting a business or undertaking at a workplace must ensure that personal protective equipment that is likely to be contaminated with lead dust— (a) is sealed in a container before being removed from the lead process area; and (b) so far as is reasonably practicable, is disposed of on the completion of the lead process work at a site equipped to accept lead‑contaminated equipment; and (i) is laundered at a laundry, whether on‑site or off‑site, equipped to launder lead‑contaminated clothing; or (ii) if it is not practicable to launder the clothing, is kept in the sealed container until it is re‑used for lead process work; and (i) is decontaminated before it is removed from the lead process area; or (ii) if it is not practicable to decontaminate the equipment in the lead process area, is kept in the sealed container until it is re‑used for lead process work. (2) The person must ensure that a sealed container referred to in subregulation (1) is decontaminated before being removed from the lead process area. Regulation 335 also requires the container to be labelled to indicate the presence of lead. (3) The person must take all reasonable steps to ensure that clothing contaminated with lead‑dust is not removed from the workplace unless it is to be— (a) laundered in accordance with this regulation; or (b) disposed of. 401—Review of control measures (1) A person conducting a business or undertaking at a workplace must ensure that any measures implemented to control health risks from exposure to lead at the workplace are reviewed and, as necessary, revised in the following circumstances: (a) a worker is removed from carrying out lead risk work at the workplace under regulation 415; (b) the person obtains a health monitoring report for a worker under Division 4 that contains— (i) test results that indicate that the worker has reached or exceeded the relevant blood lead level for that worker under regulation 415; and (ii) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the lead risk work that triggered the requirement for health monitoring; and (iii) any recommendation that the person conducting the business or undertaking take remedial measures, including a recommendation that the worker be removed from carrying out lead risk work at the workplace; (c) the control measure does not control the risk it was implemented to control so far as is reasonably practicable; 1 Results of any monitoring. 2 A notifiable incident occurs because of the risk. (d) 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; (e) a new relevant hazard or risk is identified; (f) the results of consultation by the person under the Act or these regulations indicate that a review is necessary; (g) a health and safety representative requests a review under subregulation (3); (h) the regulator requires the review; (i) at least once every 5 years. (2) Without limiting subregulation (1)(d), a change at the workplace includes— (a) a change to the workplace itself or any aspect of the work environment; or (b) a change to a system of work, a process or a procedure. (3) 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) a circumstance referred to in subregulation (1)(a), (b), (c), (d), (e) or (f) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and (b) the duty holder has not adequately reviewed the control measure in response to the circumstance. Division 3—Lead risk work 402—Identifying lead risk work (1) A person conducting a business or undertaking at a workplace must assess each lead process carried out by the business or undertaking at the workplace to determine if lead risk work is carried out in the process. (2) In assessing a lead process, the person must have regard to the following: (a) past biological monitoring results of workers; (b) airborne lead levels; (c) the form of lead used; (d) the tasks and processes required to be undertaken with lead; (e) the likely duration and frequency of exposure to lead; (f) possible routes of exposure to lead; (g) any information about incidents, illnesses or diseases in relation to the use of lead at the workplace. (3) In assessing a lead process, the person must not have regard to the effect of using personal protective equipment on the health and safety of workers at the workplace. (4) If a person conducting a business or undertaking at a workplace is unable to determine whether lead risk work is carried out in a lead process at the workplace, the process is taken to include lead risk work until the person determines that lead risk work is not carried out in the process. 403—Notification of lead risk work (1) Subject to subregulation (5), if a person conducting a business or undertaking at a workplace determines that work at the workplace is lead risk work, the person must give the regulator written notice within 7 days that the work is lead risk work. (2) A notice under this regulation must state the kind of lead process being carried out that includes the lead risk work. (3) The person must— (a) keep a copy of the notice given to the regulator while the lead risk work is carried out at the workplace; and (b) ensure that a copy of the notice is readily accessible to a worker who is likely to be exposed to lead, and the worker's health and safety representative. (4) Subregulation (5) applies to an emergency service organisation in relation to work carried out by an emergency service worker who, at the direction of the emergency service organisation, is— (a) rescuing a person; or (b) providing first aid to the person. (5) The emergency service organisation must give the notice under subregulation (1) as soon as practicable after determining that the work is lead risk work. 404—Changes to information in notification of lead risk work (1) A person conducting a business or undertaking at a workplace must give the regulator written notice of any change in the information given in a notice under regulation 403 before the change or as soon as practicable after the person becomes aware of the change. (2) The person must— (a) keep a copy of the notice given to the regulator while the lead risk work is carried out at the workplace; and (b) ensure that a copy of the notice is readily accessible to a worker who is likely to be exposed to lead, and the worker's health and safety representative. Division 4—Health monitoring 405—Duty to provide health monitoring before first commencing lead risk work (1) A person conducting a business or undertaking at a workplace must ensure that health monitoring is provided to a worker— (a) before the worker first commences lead risk work for the person; and (b) 1 month after the worker first commences lead risk work for the person. (2) If work is identified as lead risk work after a worker commences the work, the person conducting the business or undertaking must ensure that health monitoring of the worker is provided— (a) as soon as practicable after the lead risk work is identified; and (b) 1 month after the first monitoring of the worker under paragraph (a). 406—Duty to ensure that appropriate health monitoring is provided Subject to regulation 407, a person conducting a business or undertaking must ensure that health monitoring of a worker referred to in regulation 405 includes health monitoring of a type referred to in an item in Schedule 14, table 14.2 unless— (a) an equal or better type of health monitoring is available; and (b) the use of that other type of monitoring is recommended by a registered medical practitioner with experience in health monitoring. 407—Frequency of biological monitoring (1) A person conducting a business or undertaking at a workplace must arrange for biological monitoring of each worker who carries out lead risk work for the person to be carried out at the following times: (a) for the period up to and including 30 June 2021— (i) in the case of females not of reproductive capacity and males— (A) if the last monitoring shows a blood lead level of less than 30μg/dL (1.45μmol/L)—6 months after the last biological monitoring of the worker; or (B) if the last monitoring shows a blood lead level of 30μg/dL (1.45μmol/L) or more but less than 40μg/dL (1.93μmol/L)—3 months after the last biological monitoring of the worker; or (C) if the last monitoring shows a blood lead level of 40μg/dL (1.93μmol/L) or more—6 weeks after the last biological monitoring of the worker; (ii) in the case of females of reproductive capacity— (A) if the last monitoring shows a blood lead level of less than 10μg/dL (0.48μmol/L)—3 months after the last biological monitoring of the worker; or (B) if the last monitoring shows a blood lead level of 10μg/dL (0.48μmol/L) or more—6 weeks after the last biological monitoring of the worker; or (b) from 1 July 2021— (i) in the case of females not of reproductive capacity and males— (A) if the last monitoring shows a blood lead level of less than 10μg/dL (0.48μmol/L)—6 months after the last biological monitoring of the worker; or (B) if the last monitoring shows a blood lead level of 10μg/dL (0.48μmol/L) or more but less than 20μg/dL (0.97μmol/L)—3 months after the last biological monitoring of the worker; or (C) if the last monitoring shows a blood lead level of 20μg/dL (0.97μmol/L) or more—6 weeks after the last biological monitoring of the worker; (ii) in the case of females of reproductive capacity— (A) if the last monitoring shows a blood lead level of less than 5μg/dL (0.24μmol/L)—3 months after the last biological monitoring of the worker; or (B) if the last monitoring shows a blood lead level of 5μg/dL (0.24μmol/L) or more but less than 10μg/dL (0.48μmol/L)—6 weeks after the last biological monitoring of the worker. (2) The person must increase the frequency of biological monitoring of a worker who carries out lead risk work if the worker carries out an activity that is likely to significantly change the nature or increase the duration or frequency of the worker's lead exposure. (3) The regulator may determine a different frequency for biological monitoring of workers at a workplace, or a class of workers, carrying out lead risk work having regard to— (a) the nature of the work and the likely duration and frequency of the workers' lead exposure; and (b) the likelihood that the blood lead level of the workers will significantly increase. (4) The regulator must give a person conducting a business or undertaking written notice of a determination under subregulation (3) within 14 days after making the determination. (5) The person conducting a business or undertaking at the workplace must arrange for biological monitoring to be carried out at the frequency stated in a determination notified to the person under subregulation (4). A determination of a different frequency for biological monitoring is a reviewable decision (see regulation 676). 408—Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience (1) A person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in this Division is carried out by or under the supervision of a registered medical practitioner with experience in health monitoring. 409—Duty to pay costs of health monitoring (1) A person conducting a business or undertaking must pay all expenses relating to health monitoring referred to in this Division. (2) If 2 or more persons conducting businesses or undertakings have a duty to provide health monitoring for a worker and have arranged for one of them to commission the health monitoring, the costs of the health monitoring for which any of those persons is liable must be apportioned equally between each of those persons unless they agree otherwise. 410—Information that must be provided to registered medical practitioner A person conducting a business or undertaking who commissions health monitoring for a worker must provide the following information to the registered medical practitioner carrying out or supervising the health monitoring: (c) the lead risk work that the worker is, or will be, carrying out that has triggered the requirement for health monitoring; 411—Duty to obtain health monitoring report (1) A person conducting a business or undertaking who commissioned health monitoring referred to in this Division must take all reasonable steps to obtain a health monitoring report from the registered medical practitioner who carried out or supervised the monitoring as soon as practicable after the monitoring is carried out in relation to a worker. (d) the date of health monitoring; (e) if a blood sample is taken—the date the blood sample is taken; (f) the results of biological monitoring that indicate blood lead levels in the worker's body; (g) the name of the pathology service used to carry out tests; (h) any test results that indicate that the worker has reached or exceeded the relevant blood lead level for that worker under regulation 415; (i) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the lead risk work that triggered the requirement for health monitoring; (j) any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the type of work that triggered the requirement for health monitoring; The duty under regulation 415 to remove a worker from carrying out lead risk work applies even if there is no recommendation of a registered medical practitioner to do so. (k) whether medical counselling is required for the worker in relation to the work that triggered the requirement for health monitoring. 412—Duty to give health monitoring report to worker A person conducting a business or undertaking who commissioned health monitoring for a worker must give a copy of the health monitoring report to the worker as soon as practicable after the person obtains the report. 413—Duty to give health monitoring report to regulator A person conducting a business or undertaking for which a worker is carrying out work for which health monitoring is required must give a copy of the health monitoring report relating to the worker to the regulator as soon as practicable after obtaining the report if the report contains— (a) test results that indicate that the worker has reached or exceeded the relevant blood lead level for that person under regulation 415; or (b) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring; or (c) any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work that triggered the requirement for health monitoring. 414—Duty to give health monitoring report to relevant persons conducting businesses or undertakings A person conducting a business or undertaking who commissioned health monitoring for a worker under this Division must give a copy of the health monitoring report to all other persons conducting businesses or undertakings who have a duty to provide health monitoring for the worker as soon as practicable after obtaining the report. 415—Removal of worker from lead risk work (1) A person conducting a business or undertaking for which a worker is carrying out work must immediately remove the worker from carrying out lead risk work if following health monitoring— (a) biological monitoring of the worker shows that the worker's blood lead level is, or is more than— (i) for the period up to and including 30 June 2021— (A) in the case of females not of reproductive capacity and males—50μg/dL (2.42μmol/L); or (B) in the case of females of reproductive capacity—20μg/dL (0.97μmol/L); or (C) in the case of females who are pregnant or breastfeeding—15μg/dL (0.72μmol/L); or (ii) from 1 July 2021— (A) in the case of females not of reproductive capacity and males—30μg/dL (1.45μmol/L); or (B) in the case of females of reproductive capacity—10μg/dL (0.48μmol/L); or (b) the registered medical practitioner who supervised the health monitoring recommends that the worker be removed from carrying out the lead risk work; or (c) there is an indication that a risk control measure has failed and as a result, the worker's blood lead level is likely to reach the relevant level for the worker referred to in paragraph (a). (2) The person must notify the regulator as soon as practicable if a worker is removed from carrying out lead risk work under subregulation (1). 416—Duty to ensure medical examination if worker removed from lead risk work (1) This regulation applies if a worker is removed from carrying out lead risk work under regulation 415. (2) The person conducting the business or undertaking who removes the worker from carrying out lead risk work must arrange for the worker to be medically examined by a registered medical practitioner with experience in health monitoring within 7 days after the day the worker is removed. (3) The person must consult the worker in the selection of the registered medical practitioner. 417—Return to lead risk work after removal (a) a worker is removed from carrying out lead risk work under regulation 415; and (b) the person conducting a business or undertaking at the workplace who removed the worker expects the worker to return to carrying out lead risk work at the workplace. (2) The person conducting the business or undertaking must arrange for health monitoring under the supervision of a registered medical practitioner with experience in health monitoring at a frequency decided by the practitioner to determine whether the worker's blood lead level is low enough for the worker to return to carrying out lead risk work. (3) The person conducting the business or undertaking must ensure that the worker does not return to carrying out lead risk work until— (a) the worker's blood lead level is less than— (i) for the period up to and including 30 June 2021— (A) in the case of females not of reproductive capacity and males—40μg/dL (1.93μmol/L); or (B) in the case of females of reproductive capacity—10μg/dL (0.48μmol/L); or (ii) from 1 July 2021— (A) in the case of females not of reproductive capacity and males—20μg/dL (0.97μmol/L); or (B) in the case of females of reproductive capacity—5μg/dL (0.24μmol/L); and (b) a registered medical practitioner with experience in health monitoring is satisfied that the worker is fit to return to carrying out lead risk work. 418—Health monitoring records (1) A person conducting a business or undertaking must ensure that health monitoring reports in relation to a worker carrying out work for the business or undertaking are kept as a confidential record— (b) for at least 30 years after the record is made. (2) The person must ensure that the health monitoring report and results of a worker are not disclosed to another person without the worker's written consent. (3) Subregulation (2) does not apply if the record is disclosed under regulation 412, 413 or 414 or to a person who must keep the record confidential under a duty of professional confidentiality. Chapter 8—Asbestos Part 1—Prohibitions and authorised conduct 419—Work involving asbestos or ACM—prohibitions and exceptions (1) A person conducting a business or undertaking must not carry out, or direct or allow a worker to carry out, work involving asbestos. (2) In this regulation, work involves asbestos if the work involves manufacturing, supplying, transporting, storing, removing, using, installing, handling, treating, disposing of or disturbing asbestos or ACM. (3) Subregulation (1) does not apply if the work involving asbestos is any of the following: (a) genuine research and analysis; (b) sampling and identification in accordance with these regulations; (c) maintenance of, or service work on, non‑friable asbestos or ACM, fixed or installed before 31 December 2003, in accordance with these regulations; (d) removal or disposal of asbestos or ACM, including demolition, in accordance with these regulations; (e) the transport and disposal of asbestos or asbestos waste in accordance with the Environment Protection Act 1993; (f) demonstrations, education or practical training in relation to asbestos or ACM; (g) display, or preparation or maintenance for display, of an artefact or thing that is, or includes, asbestos or ACM; (h) management in accordance with these regulations of in situ asbestos that was installed or fixed before 31 December 2003; (i) work that disturbs asbestos during mining operations that involve the extraction of, or exploration for, a mineral other than asbestos; (j) laundering asbestos contaminated clothing in accordance with these regulations. (4) Subregulation (1) does not apply if the regulator approves the method adopted for managing risk associated with asbestos. (5) Subregulation (1) does not apply to the following: (a) soil that a competent person has determined— (i) does not contain any visible ACM or friable asbestos; or (ii) if friable asbestos is visible, does not contain more than trace levels of asbestos determined in accordance with AS 4964:2004 (Method for the qualitative identification of asbestos in bulk samples); (b) naturally occurring asbestos managed in accordance with an asbestos management plan prepared under regulation 432. Part 2—General duty 420—Exposure to airborne asbestos at workplace (1) A person conducting a business or undertaking at a workplace must ensure that— (a) exposure of a person at the workplace to airborne asbestos is eliminated so far as is reasonably practicable; and (b) if it is not reasonably practicable to eliminate exposure to airborne asbestos— exposure is minimised so far as is reasonably practicable. (2) A person conducting a business or undertaking at a workplace must ensure that the exposure standard for asbestos is not exceeded at the workplace. (3) Subregulations (1)(a) and (2) do not apply in relation to an asbestos removal area— (a) that is enclosed to prevent the release of respirable asbestos fibres in accordance with regulation 477; and (b) in which negative pressure is used in accordance with that regulation. Part 3—Management of asbestos and associated risks 421—Application of Chapter 8 Part 3 (1) This Part does not apply to naturally occurring asbestos. (2) Regulations 425, 426, 427, 428, 429 and 430 do not apply to any part of residential premises that is used only for residential purposes. 422—Asbestos to be identified or assumed at workplace (1) A person with management or control of a workplace must ensure, so far as is reasonably practicable, that all asbestos or ACM at the workplace is identified by a competent person. (2) A person with management or control of a workplace must— (a) if material at the workplace cannot be identified but a competent person reasonably believes that the material is asbestos or ACM—assume that the material is asbestos; and (b) if part of the workplace is inaccessible to workers and likely to contain asbestos or ACM—assume that asbestos is present in the part of the workplace. (3) Subregulation (1) does not apply if the person— (a) assumes that asbestos or ACM is present; or (b) has reasonable grounds to believe that asbestos or ACM is not present. (4) If asbestos or ACM is assumed to be present at a workplace, it is taken to be identified at the workplace. 423—Analysis of sample (1) A person with management or control of a workplace may identify asbestos or ACM by arranging for a sample of material at the workplace to be analysed for the presence of asbestos or ACM. (2) If a person with management or control of a workplace arranges for an analysis, the person must ensure that the sample is analysed only by— (a) a NATA‑accredited laboratory accredited for the relevant test method; or (b) a laboratory approved by the regulator in accordance with guidelines published by Safe Work Australia; or (c) a laboratory operated by the regulator. 424—Presence and location of asbestos to be indicated A person with management or control of a workplace must ensure that— (a) the presence and location of asbestos or ACM identified at the workplace under regulation 422 is clearly indicated; and (b) if it is reasonably practicable to do so, indicate the presence and location of the asbestos or ACM by a label. 425—Asbestos register (1) A person with management or control of a workplace must ensure that a register (an asbestos register) is prepared and kept at the workplace. (2) The person must ensure that the asbestos register is maintained to ensure the information in the register is up to date. (3) The asbestos register must— (a) record any asbestos or ACM identified at the workplace under regulation 422, or likely to be present at the workplace from time to time including— (i) the date on which the asbestos or ACM was identified; and (ii) the location, type and condition of the asbestos or ACM; or (b) state that no asbestos or ACM is identified at the workplace if the person knows that no asbestos or ACM is identified, or is likely to be present from time to time, at the workplace. (4) The person is not required to prepare an asbestos register for a workplace if a register has already been prepared for that workplace. (5) Subject to subregulation (6), this regulation applies to buildings whenever constructed. (6) This regulation does not apply to a workplace if— (a) the workplace is a building that was constructed after 31 December 2003; and (b) no asbestos has been identified at the workplace; and (c) no asbestos is likely to be present at the workplace from time to time. 426—Review of asbestos register A person with management or control of a workplace where an asbestos register is kept must ensure that the register is reviewed and as necessary revised if— (a) the asbestos management plan is reviewed under regulation 430; or (b) further asbestos or ACM is identified at the workplace; or (c) asbestos is removed from, or disturbed, sealed or enclosed at, the workplace. 427—Access to asbestos register (1) A person with management or control of a workplace where an asbestos register is kept must ensure that the asbestos register is readily accessible to— (c) a person conducting a business or undertaking who has carried out, carries out or intends to carry out, work at the workplace; and (d) a person conducting a business or undertaking who has required, requires, or intends to require work to be carried out at the workplace. (2) If a person conducting a business or undertaking carries out, or intends to carry out, work at a workplace that involves a risk of exposure to airborne asbestos, the person with management or control of the workplace must ensure that the person is given a copy of the asbestos register. 428—Transfer of asbestos register by person relinquishing management or control If a person with management or control of a workplace plans to relinquish management or control of the workplace, the person must ensure, so far as is reasonably practicable, that the asbestos register is given to the person, if any, assuming management or control of the workplace. 429—Asbestos management plan (1) This regulation applies if asbestos or ACM is— (a) identified at a workplace under regulation 422; or (b) likely to be present at a workplace from time to time. (2) A person with management or control of the workplace must ensure that a written plan (an asbestos management plan) for the workplace is prepared. (3) A person with management or control of the workplace must ensure that the asbestos management plan is maintained to ensure the information in the plan is up to date. (4) An asbestos management plan must include information about the following: (a) the identification of asbestos or ACM; A reference or link to the asbestos register for the workplace and signage and labelling. (b) decisions, and reasons for decisions, about the management of asbestos at the workplace; Safe work procedures and control measures. (c) procedures for detailing incidents or emergencies involving asbestos or ACM at the workplace; (d) workers carrying out work involving asbestos. Consultation, responsibilities, information and training. (5) A person with management or control of a workplace must ensure that a copy of the asbestos management plan for the workplace is readily accessible to— (c) a person conducting a business or undertaking who has carried out, carries out or intends to carry out, work at the workplace; and (d) a person conducting a business or undertaking who has required, requires, or intends to require work to be carried out at the workplace. 430—Review of asbestos management plan (1) A person with management or control of a workplace that has an asbestos management plan must ensure that the plan is reviewed and as necessary revised in the following circumstances: (a) there is a review of the asbestos register or a control measure; (b) asbestos is removed from, or disturbed, sealed or enclosed at, the workplace; (c) the plan is no longer adequate for managing asbestos or ACM at the workplace; (d) a health and safety representative requests a review under subregulation (2); (e) at least once every 5 years. (2) A health and safety representative for workers at a workplace may request a review of an asbestos management plan if the representative reasonably believes that— (a) a circumstance referred to in subregulation (1)(a), (b) or (c) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and (b) the person with management and control of the workplace has not adequately reviewed the asbestos management plan in response to the circumstance. Part 4—Management of naturally occurring asbestos 431—Naturally occurring asbestos The person with management or control of a workplace must manage, in accordance with Chapter 3 Part 1, risks to health and safety associated with naturally occurring asbestos at the workplace. 432—Asbestos management plan (1) This regulation applies if naturally occurring asbestos is— (a) identified at a workplace; or (b) likely to be present at a workplace. (2) A person with management or control of the workplace must ensure that a written plan (an asbestos management plan) for the workplace is prepared in relation to the naturally occurring asbestos. (3) A person with management or control of the workplace must ensure that the asbestos management plan is maintained to ensure the information in the plan is up to date. (4) An asbestos management plan must include information about the following: (a) the identification of naturally occurring asbestos; (b) decisions, and reasons for decisions, about the management of naturally occurring asbestos at the workplace; Safe work procedures and control measures. (c) procedures for detailing incidents or emergencies involving naturally occurring asbestos at the workplace; (d) workers carrying out work involving naturally occurring asbestos. Consultation, responsibilities, information and training. (5) A person with management or control of a workplace must ensure that a copy of the asbestos management plan for naturally occurring asbestos at the workplace is readily accessible to— (c) a person conducting a business or undertaking who has carried out, carries out or intends to carry out, work at the workplace; and (d) a person conducting a business or undertaking who has required, requires, or intends to require work to be carried out at the workplace. 433—Review of asbestos management plan A person with management or control of a workplace that has an asbestos management plan for naturally occurring asbestos must ensure that the plan is reviewed and as necessary revised if the plan is no longer adequate for managing naturally occurring asbestos at the workplace. A control measure is revised under regulation 38. 434—Training in relation to naturally occurring asbestos A person conducting a business or undertaking must ensure that the training required under regulation 445 includes training in the hazards and risks associated with naturally occurring asbestos for workers who carry out work where naturally occurring asbestos is likely to be found. Part 5—Asbestos at the workplace Division 1—Health monitoring 435—Duty to provide health monitoring (1) A person conducting a business or undertaking must ensure that health monitoring is provided, in accordance with regulation 436, to a worker carrying out work for the business or undertaking if the worker is— (a) carrying out licensed asbestos removal work at a workplace and is at risk of exposure to asbestos when carrying out the work; or (b) is carrying out other ongoing asbestos removal work or asbestos‑related work and is at risk of exposure to asbestos when carrying out the work. (2) For the purposes of subregulation (1)(a), the person must ensure that the health monitoring of the worker commences before the worker carries out licensed asbestos removal work. (3) The person must ensure that the worker is informed of any health monitoring requirements before the worker carries out any work that may expose the worker to asbestos. 436—Duty to ensure that appropriate health monitoring is provided A person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in regulation 435 includes— (a) consideration of— (i) the worker's demographic, medical and occupational history; and (ii) records of the worker's personal exposure; and (b) a physical examination of the worker, unless another type of health monitoring is recommended by a registered medical practitioner. 437—Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience (1) A person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in regulation 435 is carried out by or under the supervision of a registered medical practitioner with experience in health monitoring. 438—Duty to pay costs of health monitoring (1) A person conducting a business or undertaking must pay all expenses relating to health monitoring referred to in regulation 435. (2) If 2 or more persons conducting businesses or undertakings have a duty to provide health monitoring for a worker and have arranged for one of them to commission the health monitoring, the costs of the health monitoring for which any of those persons is liable must be apportioned equally between each of those persons unless they agree otherwise. 439—Information that must be provided to registered medical practitioner A person conducting a business or undertaking who commissions health monitoring for a worker must provide the following information to the registered medical practitioner carrying out or supervising the health monitoring: 440—Duty to obtain health monitoring report (1) A person conducting a business or undertaking who commissioned health monitoring referred to in regulation 435 must take all reasonable steps to obtain a health monitoring report from the registered medical practitioner who carried out or supervised the monitoring as soon as practicable after the monitoring is carried out in relation to a worker. (d) the date of health monitoring; (e) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring; (f) any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the type of work that triggered the requirement for health monitoring; (g) whether medical counselling is required for the worker in relation to the work that triggered the requirement for health monitoring. 441—Duty to give health monitoring report to worker A person conducting a business or undertaking who commissioned health monitoring for a worker must give a copy of the health monitoring report to the worker as soon as practicable after the person obtains the report. 442—Duty to give health monitoring report to regulator A person conducting a business or undertaking for which a worker is carrying out work for which health monitoring is required must give a copy of the health monitoring report relating to a worker to the regulator as soon as practicable after obtaining the report if the report contains— (a) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring; or (b) any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work referred to in regulation 435. 443—Duty to give health monitoring report to relevant persons conducting businesses or undertakings A person conducting a business or undertaking who commissioned health monitoring for a worker must give a copy of the health monitoring report to all other persons conducting businesses or undertakings who have a duty to provide health monitoring for the worker as soon as practicable after obtaining the report. 444—Health monitoring records (1) A person conducting a business or undertaking must ensure that health monitoring reports in relation to a worker carrying out work for the business or undertaking are kept as a confidential record— (b) for at least 40 years after the record is made. (2) The person must ensure that the health monitoring report and results of a worker are not disclosed to another person without the worker's written consent. (3) Subregulation (2) does not apply if the record is disclosed under regulation 442 or 443 or to a person who must keep the record confidential under a duty of professional confidentiality. Division 2—Training 445—Duty to train workers about asbestos (1) In addition to the training required by Division 1 of Chapter 3 Part 2, a person conducting a business or undertaking must ensure that workers engaged by the person, whom the person reasonably believes may be involved in asbestos removal work or in the carrying out of asbestos‑related work, are trained in the identification and safe handling of, and suitable control measures for, asbestos and ACM. (2) This regulation does not apply in relation to a worker referred to in regulation 460. (3) The person must ensure that a record is kept of the training undertaken by the worker— (a) while the worker is carrying out the work; and (b) for 5 years after the day the worker ceases working for the person. (4) The person must keep the record available for inspection under the Act. Division 3—Control on use of certain equipment 446—Duty to limit use of equipment (1) A person conducting a business or undertaking must not use, or direct or allow a worker to use, either of the following on asbestos or ACM: (a) high-pressure water spray; (b) compressed air. (2) Subregulation (1)(a) does not apply to the use of a high pressure water spray for fire fighting or fire protection purposes. (3) A person conducting a business or undertaking must not use, or direct or allow a worker to use, any of the following equipment on asbestos or ACM unless the use of the equipment is controlled: (a) power tools; (b) brooms; (c) any other implements that cause the release of airborne asbestos into the atmosphere. (4) In subregulation (3), the use of equipment is controlled if— (a) the equipment is enclosed during its use; or (b) the equipment is designed to capture or suppress airborne asbestos and is used in accordance with its design; or (c) the equipment is used in a way that is designed to capture or suppress airborne asbestos safely; or (d) any combination of paragraphs (a), (b) and (c) applies. Part 6—Demolition and refurbishment 447—Application—Chapter 8 Part 6 (1) This Part applies to the demolition or refurbishment of a structure or plant constructed or installed before 31 December 2003. demolition or refurbishment does not include minor or routine maintenance work, or other minor work. 448—Review of asbestos register The person with management or control of a workplace must ensure that, before demolition or refurbishment is carried out at the workplace, the asbestos register for the workplace is— (a) reviewed; and (b) if the register is inadequate having regard to the proposed demolition or refurbishment—revised. The register identifies an inaccessible area that is likely to contain asbestos and the area is likely to be accessible because of demolition. 449—Duty to give asbestos register to person conducting business or undertaking of demolition or refurbishment The person with management or control of a workplace must ensure that the person conducting a business or undertaking who carries out the demolition or refurbishment is given a copy of the asbestos register before the demolition or refurbishment is commenced. 450—Duty to obtain asbestos register A person conducting a business or undertaking who carries out demolition or refurbishment at a workplace must obtain a copy of the asbestos register from the person with management or control of the workplace, before the person commences the demolition or refurbishment. 451—Determining presence of asbestos or ACM (a) demolition or refurbishment is to be carried out at a workplace; and (b) there is no asbestos register for the structure or plant to be demolished or refurbished at the workplace. (2) The person conducting a business or undertaking who is to carry out the demolition or refurbishment must not carry out the demolition or refurbishment until the structure or plant has been inspected to determine whether asbestos or ACM is fixed to or installed in the structure or plant. (3) The person conducting a business or undertaking who is to carry out the demolition or refurbishment must ensure that the determination is undertaken by a competent person. (4) The person conducting a business or undertaking who is to carry out the demolition or refurbishment must assume that asbestos or ACM is fixed to or installed in the structure or plant if— (a) the competent person is, on reasonable grounds, uncertain whether or not asbestos is fixed to or installed in the structure or plant; or (b) part of the structure or plant is inaccessible and likely to be disturbed. (5) If asbestos or ACM is determined or assumed to be fixed to or installed in the structure or plant, the person conducting a business or undertaking who is to carry out the demolition or refurbishment must inform— (a) if the workplace is residential premises— (i) the occupier of the premises; and (ii) the owner of the premises; and (b) in any other case—the person with management or control of the workplace. 452—Identification and removal of asbestos before demolition (1) This regulation applies if a structure or plant at a workplace is to be demolished. (2) This regulation does not apply— (a) in an emergency to which regulation 454 applies; or (b) to residential premises. (3) The person with management or control of the workplace, or of the structure or plant, must ensure— (a) that all asbestos that is likely to be disturbed by the demolition is identified; and (b) so far as is reasonably practicable, that the asbestos is removed before the demolition is commenced. (4) Subregulation (3)(b) does not apply if the purpose of the demolition is to gain access to the asbestos. 453—Identification and removal of asbestos before demolition of residential premises (1) A person conducting a business or undertaking that is to carry out the demolition of residential premises must ensure— (a) that all asbestos that is likely to be disturbed by the demolition is identified; and (b) so far as is reasonably practicable, that the asbestos is removed before the demolition is commenced. (2) This regulation does not apply in an emergency to which regulation 455 applies. (3) Subregulation (1)(b) does not apply if the purpose of the demolition is to gain access to the asbestos. 454—Emergency procedure (a) an emergency occurs at a workplace other than residential premises; and (b) a structure or plant at the workplace must be demolished; and (c) asbestos is fixed to or installed in the structure or plant before the emergency occurs. (2) The person with management or control of the workplace must ensure, so far as is reasonably practicable, that— (a) before the demolition is commenced, a procedure is developed that will, so far as is reasonably practicable, reduce the risk of exposure of workers and persons in the vicinity of the demolition site to asbestos to below the exposure standard; and (b) the asbestos register for the workplace is considered in the development of the procedure. (3) The person must ensure that the regulator is given written notice about the emergency— (a) immediately after the person becomes aware of the emergency; and (b) before the demolition is commenced. (4) For the purposes of this regulation, an emergency occurs if— (a) a structure or plant is structurally unsound; or (b) collapse of the structure or plant is imminent. 455—Emergency procedure—residential premises (a) an emergency occurs at residential premises; and (b) a structure or plant at the premises must be demolished; and (c) asbestos is fixed to or installed in the structure or plant before the emergency occurs. (2) A person conducting a business or undertaking who is to carry out the demolition of the residential premises must ensure so far as is reasonably practicable, that, before the demolition is commenced, a procedure is developed that will, so far as is reasonably practicable, reduce the risk of exposure of workers and persons in the vicinity of the demolition site to asbestos to below the exposure standard. (3) The person must ensure that the regulator is given written notice about the emergency— (a) immediately after the person becomes aware of the emergency; and (b) before the demolition is commenced. (4) For the purposes of this regulation, an emergency occurs if— (a) a structure or plant is structurally unsound; or (b) collapse of the structure or plant is imminent. 456—Identification and removal of asbestos before refurbishment (1) This regulation applies if a structure or plant at a workplace is to be refurbished. (2) This regulation does not apply to residential premises. (3) The person with management or control of the workplace, or of the structure or plant, must ensure— (a) that all asbestos that is likely to be disturbed by the refurbishment is identified; and (b) so far as is reasonably practicable, that the asbestos is removed before the refurbishment is commenced. 457—Refurbishment of residential premises A person conducting a business or undertaking who is to carry out refurbishment of residential premises must ensure— (a) that all asbestos that is likely to be disturbed by the refurbishment is identified; and (b) so far as is reasonably practicable, that the asbestos is removed before the refurbishment is commenced. Part 7—Asbestos removal work In this Part some duties are placed on licensed asbestos removalists and some on asbestos removalists generally. 458—Duty to ensure asbestos removalist is licensed (1) A person conducting a business or undertaking that commissions the removal of asbestos must ensure that the asbestos removal work is carried out by a licensed asbestos removalist who is licensed to carry out the work. (2) Subregulation (1) does not apply if the asbestos to be removed is— (a) 10 square metres or less of non‑friable asbestos or ACD associated with the removal of that amount of non‑friable asbestos; or (b) ACD that is not associated with the removal of friable or non‑friable asbestos and is only a minor contamination. (3) If subregulation (2) applies, the person conducting the business or undertaking that commissions the asbestos removal work must ensure that the work is carried out by a competent person who has been trained in accordance with regulation 445. 459—Asbestos removal supervisor must be present or readily available A licensed asbestos removalist must ensure that the nominated asbestos removal supervisor for asbestos removal work is— (a) if the asbestos removal work requires a Class A asbestos removal licence—present at the asbestos removal area whenever the asbestos removal work is being carried out; and (b) if the asbestos removal work requires a Class B asbestos removal licence—readily available to a worker carrying out asbestos removal work whenever the work is being carried out. 460—Asbestos removal worker must be trained (1) A licensed asbestos removalist must not direct or allow a worker to carry out licensed asbestos removal work unless the removalist is satisfied that the worker holds a certification in relation to the specified VET course for asbestos removal relevant to the class of licensed asbestos removal work to be carried out by the worker. (2) A licensed asbestos removalist must provide appropriate training to a worker carrying out licensed asbestos removal work at a workplace to ensure that the work is carried out in accordance with the asbestos removal control plan for the workplace. appropriate training means training designed specifically for the workplace where the licensed asbestos removal work is carried out and the work to be carried out at the workplace. Unless this regulation applies, the obligation to provide training to workers carrying out unlicensed asbestos removal work is set out in regulation 445. 461—Licensed asbestos removalist must keep training records (1) A licensed asbestos removalist must keep a record of the training undertaken by a worker carrying out licensed asbestos removal work— (a) while the worker is carrying out licensed asbestos removal work; and (b) for 5 years after the day the worker stopped carrying out licensed asbestos removal work for the removalist. (2) The licensed asbestos removalist must ensure that the training record is readily accessible at the asbestos removal area and available for inspection under the Act. 462—Duty to give information about health risks of licensed asbestos removal work A licensed asbestos removalist must give the following information to a person likely to be engaged to carry out licensed asbestos removal work before the person is engaged to carry out the work: (a) the health risks and health effects associated with exposure to asbestos; (b) the need for, and details of, health monitoring of a worker carrying out licensed asbestos removal work. 463—Asbestos removalist must obtain register (1) A licensed asbestos removalist must obtain a copy of the asbestos register for a workplace before the removalist carries out asbestos removal work at the workplace. (2) Subregulation (1) does not apply if the asbestos removal work is to be carried out at residential premises. 464—Asbestos removal control plan (1) A licensed asbestos removalist must prepare an asbestos removal control plan for any licensed asbestos removal work the removalist is commissioned to undertake. (2) An asbestos removal control plan must include— (a) details of how the asbestos removal will be carried out, including the method to be used and the tools, equipment and personal protective equipment to be used; and (b) details of the asbestos to be removed, including the location, type and condition of the asbestos. (3) The licensed asbestos removalist must give a copy of the asbestos removal control plan to the person who commissioned the licensed asbestos removal work. 465—Asbestos removal control plan to be kept and available (1) Subject to subregulation (2), a licensed asbestos removalist must ensure that a copy of the asbestos removal control plan prepared under regulation 464 is kept until the asbestos removal work to which it relates is completed. (2) If a notifiable incident occurs in connection with the asbestos removal work to which the asbestos removal control plan relates, the licensed asbestos removalist must keep the asbestos removal control plan for at least 2 years after the incident occurs. (3) The licensed asbestos removalist must ensure that for the period for which the asbestos removal control plan must be kept under this regulation, a copy is— (a) readily accessible to— (i) a person conducting a business or undertaking at the workplace; and (ii) the person's workers at the workplace, or a health and safety representative who represents the workers; and (iii) if the asbestos removal work is to be carried out in residential premises—the occupants of the premises; and (b) available for inspection under the Act. 466—Regulator must be notified of asbestos removal (1) A licensed asbestos removalist must give written notice to the regulator at least 5 days before the removalist commences licensed asbestos removal work. (2) Despite subregulation (1), licensed asbestos removal work may be commenced immediately if there is— (a) a sudden and unexpected event, including a failure of equipment, that may cause persons to be exposed to respirable asbestos fibres; or (b) an unexpected breakdown of an essential service that requires immediate rectification to enable the service to continue. (3) If the asbestos must be removed immediately, the licensed asbestos removalist must give notice to the regulator— (a) immediately by telephone; and (b) in writing within 24 hours after notice is given under paragraph (a). (4) A notice under subregulation (1) or (3) must include the following: (a) the following in relation to the licensed asbestos removalist: (i) name; (ii) registered business name; (iii) Australian Business Number; (iv) licence number; (v) business contact details; (b) the name and business contact details of the supervisor of the licensed asbestos removal work; (c) the name of the competent person or licensed asbestos assessor engaged to carry out a clearance inspection and issue a clearance certificate for the work; (d) the name and contact details of the person for whom the work is to be carried out; (e) the following in relation to the workplace where the asbestos is to be removed: (i) the name, including the registered business or company name, of the person with management or control of the workplace; (ii) the address and, if the workplace is large, the specific location of the asbestos removal; (iii) the kind of workplace; (f) the date of the notice; (g) the date when the asbestos removal work is to commence and the estimated duration of the work; (h) whether the asbestos to be removed is friable or non‑friable; (i) if the asbestos to be removed is friable—the way the area of removal will be enclosed; (j) the estimated quantity of asbestos to be removed; (k) the number of workers who are to carry out the asbestos removal work; (l) for each worker who is to carry out asbestos removal work—details of the worker's competency to carry out asbestos removal work. 467—Licensed asbestos removalist must inform certain persons about intended asbestos removal work (1) This regulation applies if a licensed asbestos removalist is to carry out licensed asbestos removal work at a workplace. (2) The licensed asbestos removalist must, before commencing the licensed asbestos removal work, inform the person with management or control of the workplace— (a) that licensed asbestos removal work is to be carried out at the workplace; and (b) when the work is to commence. (3) If the workplace is residential premises, the licensed asbestos removalist must, so far as is reasonably practicable, before commencing the licensed asbestos removal work inform the following persons that asbestos removal work is to be carried out at the workplace, and when the work is to commence: (a) the person who commissioned the asbestos removal work; (b) a person conducting a business or undertaking at the workplace; (c) the occupier of the residential premises; (d) the owner of the residential premises; (e) anyone occupying premises in the immediate vicinity of the workplace. 468—Person with management or control of workplace must inform persons about asbestos removal work (1) This regulation applies if the person with management or control of a workplace is informed that asbestos removal work is to be carried out at the workplace. (2) The person must ensure that the following persons are informed that asbestos removal work is to be carried out at the workplace and when the work is to commence, before the work commences: (a) the person's workers and any other persons at the workplace; (b) the person who commissioned the asbestos removal work. (3) The person must take all reasonable steps to ensure that the following persons are informed that asbestos removal work is to be carried out at the workplace, and when the work is to commence, before the work commences: (a) anyone conducting a business or undertaking at, or in the immediate vicinity of, the workplace; (b) anyone occupying premises in the immediate vicinity of the workplace. 469—Signage and barricades for asbestos removal work An asbestos removalist must ensure that— (a) signs alerting persons to the presence of asbestos are placed to indicate where the asbestos removal work is being carried out; and (b) barricades are erected to delineate the asbestos removal area. 470—Limiting access to asbestos removal area (1) This regulation applies to— (a) a person conducting a business or undertaking at a workplace who commissions a person to carry out licensed asbestos removal work at the workplace; and (b) a person with management or control of a workplace who is aware that licensed asbestos removal work is being carried out at the workplace. (2) Subject to subregulation (4), the person must ensure, so far as is reasonably practicable, that no one other than the following has access to an asbestos removal area: (a) workers engaged in the asbestos removal work; (b) other persons associated with the asbestos removal work; (c) anyone allowed under these regulations or another law to be in the asbestos removal area. (3) The person may refuse to allow access to an asbestos removal area at the workplace to anyone who does not comply with— (a) a control measure implemented for the workplace in relation to asbestos; or (b) a direction of the licensed asbestos removalist. (4) A person referred to in subregulation (2)(a), (b) or (c) has access to an asbestos removal area subject to any direction of the licensed asbestos removalist. (5) If a person referred to in subregulation (2)(a), (b) or (c) has access to an asbestos removal area, the person must comply with any direction of the licensed asbestos removalist. 471—Decontamination facilities (1) An asbestos removalist must ensure that facilities are available to decontaminate the following: (a) the asbestos removal area; (b) any plant used in the asbestos removal area; (c) workers carrying out asbestos removal work; (d) other persons who have access to the asbestos removal area under regulation 470(2)(b). (2) An asbestos removalist must ensure that nothing that is likely to be contaminated with asbestos is removed from the asbestos removal area unless the thing— (a) is decontaminated before being removed; or (b) is sealed in a container, and the exterior of the container is, before being removed— (i) decontaminated; and (ii) labelled in accordance with the GHS to indicate the presence of asbestos. 472—Disposing of asbestos waste and contaminated personal protective equipment (1) Subject to subregulations (2) and (3), an asbestos removalist must ensure that asbestos waste— (a) is contained and labelled in accordance with the GHS before the waste is removed from an asbestos removal area; and (b) is disposed of as soon as practicable at a site authorised to accept asbestos waste. (2) An asbestos removalist must ensure that personal protective equipment used in asbestos removal work and contaminated with asbestos— (a) is sealed in a container before being removed from an asbestos waste area; and (b) so far as is reasonably practicable, is disposed of on the completion of the asbestos removal work at a site authorised to accept asbestos waste; and (i) in the case of clothing used by an emergency service organisation—is laundered by an organisation that supplies and maintains equipment for emergency service organisations; or (ii) in any other case or if it is not practicable to launder the clothing—is kept in the sealed container until it is re‑used for asbestos removal purposes; and (i) is decontaminated before it is removed from the asbestos removal area; or (ii) if it is not practicable to decontaminate the equipment in the asbestos removal area—is kept in the sealed container until it is re‑used for asbestos removal purposes. (3) An asbestos removalist must ensure that a sealed container referred to in subregulation (2) is decontaminated and labelled in accordance with the GHS to indicate the presence of asbestos before being removed from the asbestos removal area. 473—Clearance inspection (1) This regulation applies if a person commissions licensed asbestos removal work at a workplace. (2) The person or, if the workplace is residential premises, the licensed asbestos removalist must ensure that, when the licensed asbestos removal work is completed, a clearance inspection of the asbestos removal area at the workplace is carried out by— (a) if the asbestos removal work must be carried out by the holder of a Class A asbestos removal licence—an independent licensed asbestos assessor; or (b) in any other case—an independent competent person. (3) In this regulation, a clearance inspection is an inspection of an asbestos removal area after asbestos removal work has been completed to verify that the area is safe for normal use, that— (a) includes a visual inspection; and (b) may include air monitoring. If it is not reasonably practicable for the licensed asbestos assessor or competent person to be independent, the person or licensed asbestos removalist may apply to the regulator for an exemption under Chapter 11 Part 2 from the requirement that the assessor or competent person be independent. 474—Clearance certificates (1) This regulation applies if a clearance inspection has been made in accordance with regulation 473. (2) The licensed asbestos assessor or competent person who carried out the clearance inspection must issue a clearance certificate, in accordance with this regulation, before the asbestos removal area at the workplace is re‑occupied. (3) The licensed asbestos assessor or competent person must ensure that the asbestos removal area does not pose a risk to health and safety from exposure to asbestos. (4) The licensed asbestos assessor or competent person must not issue a clearance certificate unless satisfied that— (a) the asbestos removal area, and the area immediately surrounding it, are free from visible asbestos contamination; and (b) if the assessor or competent person undertook air monitoring as part of the clearance inspection—the monitoring shows asbestos below 0.01 fibres/ml. (5) The clearance certificate must be in writing and must state that— (a) the assessor or competent person found no visible asbestos residue from asbestos removal work in the area, or in the vicinity of the area, where the work was carried out; and (b) if air monitoring was carried out by the assessor or competent person as part of the clearance inspection—the airborne asbestos fibre level was less than 0.01 asbestos fibres/ml. Part 8—Asbestos removal requiring asbestos removal licence 475—Air monitoring—asbestos removal requiring asbestos removal licence (1) A person conducting a business or undertaking who commissions asbestos removal work requiring an asbestos removal licence at a workplace must ensure that an independent licensed asbestos assessor undertakes air monitoring of the asbestos removal area at the workplace. (2) If the workplace is residential premises, the licensed removalist carrying out asbestos removal work requiring an asbestos removal licence at the premises must ensure that an independent licensed asbestos assessor undertakes air monitoring of the asbestos removal area at the premises. (3) The air monitoring must be carried out— (a) immediately before the licensed asbestos removal work commences, unless glove bags are to be used for the removal; and (b) while the licensed asbestos removal work is carried out. (4) The person who commissions the licensed asbestos removal work must ensure that the results of the air monitoring are given to the following: (a) workers at the workplace; (b) health and safety representatives for workers at the workplace; (c) a person conducting a business or undertaking at the workplace; (d) other persons at the workplace. (5) If the workplace is residential premises, the licensed asbestos removalist carrying out the licensed asbestos removal work at the premises must ensure that the results of the air monitoring are given to the following: (a) the person who commissioned the asbestos removal work; (b) workers at the workplace; (c) health and safety representatives for workers at the workplace; (d) a person conducting a business or undertaking at the workplace; (e) the occupier of the residential premises; (f) the owner of the residential premises; (g) other persons at the workplace. (6) An independent licensed asbestos assessor, who undertakes air monitoring for the purposes of this regulation, must use the membrane filter method for the air monitoring. 476—Action if respirable asbestos fibre level too high (1) The licensed removalist carrying out asbestos removal work requiring an asbestos removal licence at a workplace must— (a) if respirable asbestos fibre levels are recorded at the asbestos removal area at 0.01 fibres/ml or more, but not more than 0.02 fibres/ml—immediately— (i) investigate the cause of the respirable asbestos fibre level; and (ii) implement controls to prevent exposure of anyone to asbestos; and (iii) prevent the further release of respirable asbestos fibres; and (b) if respirable asbestos fibre levels are recorded at the asbestos removal area at more than 0.02 fibres/ml—immediately— (i) order the asbestos removal work to stop; and (ii) notify the regulator; and (iii) investigate the cause of the respirable asbestos fibre level; and (iv) implement controls to prevent exposure of anyone to asbestos; and (v) prevent the further release of respirable asbestos fibre. (2) If the licensed removalist stops asbestos removal work requiring an asbestos removal licence because the recorded respirable asbestos fibre level exceeds 0.02 fibres/ml, the removalist must ensure that the asbestos removal work does not resume until air monitoring shows that the recorded respirable asbestos fibre level is below 0.01 fibres/ml. 477—Removing friable asbestos (1) A licensed asbestos removalist removing friable asbestos must ensure, so far as is reasonably practicable, the following: (a) the asbestos removal area is enclosed to prevent the release of respirable asbestos fibres; (b) subject to subregulation (3), negative pressure is used; (c) the wet method of asbestos removal is used; (d) subject to subregulation (3), the asbestos removal work does not commence until the air monitoring is commenced by a licensed asbestos assessor; (e) air monitoring is undertaken during the asbestos removal work, at times decided by the independent licensed asbestos assessor undertaking the monitoring; (f) any glove bag used to enclose the asbestos removal area is dismantled and disposed of safely. (2) A licensed asbestos removalist must ensure that any enclosure used in removing friable asbestos is tested for leaks. (3) Subregulations (1)(b) and (1)(d) do not apply if glove bags are used in the Class A asbestos removal work. (4) The licensed removalist must not dismantle an enclosure for a friable asbestos removal area until the removalist receives results of air monitoring, showing that the recorded respirable asbestos fibre level within the enclosure is below 0.01 fibres/ml, from— (a) if the friable asbestos is removed from residential premises—the licensed asbestos assessor who undertook the air monitoring; or (b) in any other case—the person who commissioned the Class A asbestos removal work. (5) The licensed removalist must ensure that an enclosure for a friable asbestos removal area is dismantled in a way that, so far as is reasonably practicable, eliminates the release of respirable asbestos fibre. (6) The person who commissioned the removal of the friable asbestos must obtain a clearance certificate from a licensed asbestos assessor after the enclosure for the friable asbestos removal area has been dismantled.