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.