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Work Health and Safety Regulations 2012
Sch 15chemical means a hazardous chemical that—
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Schedule 15 chemical means a hazardous chemical that—
(a) is specified in Schedule 15, table 15.1; or
(b) belongs to a class, type or category of hazardous chemicals specified in Schedule 15, table 15.2;
self‑erecting tower crane means a crane—
(a) that is not disassembled into a tower element and a boom or jib element in the normal course of use; and
(b) where the erection and dismantling processes are an inherent part of the crane's function;
shaft means a vertical or inclined way or opening, from the surface downwards or from any underground working, the dimensions of which (apart from the perimeter) are less than its depth (and in Chapter 10, shaft includes a drift or horizontal shaft);
signal word means the word "danger" or "warning" used on a label to indicate to a label reader the relative severity level of a hazard, and to alert the reader to a potential hazard, under the GHS;
silica risk control plan means, in relation to the processing of a CSS that is high risk, a silica risk control plan prepared under regulation 529CB;
sintered stone does not include a product that contains resin;
slewing mobile crane means a mobile crane incorporating a boom or jib that can be slewed, but does not include—
(a) a front‑end loader; or
(b) a backhoe; or
(c) an excavator; or
(d) other earth moving equipment,
when configured for crane operation;
slinging techniques means the exercising of judgment in relation to the suitability and condition of lifting gear and the method of slinging, by consideration of the nature of the load, its mass and its centre of gravity;
specified VET course means—
(a) in relation to general construction induction training—the VET course Work Safely in the Construction Industry or a corresponding subsequent VET accredited course; or
(b) in relation to Class A asbestos removal work—the VET course Remove friable asbestos; or
(c) in relation to Class B asbestos removal work—the VET course Remove non friable asbestos; or
(d) in relation to the supervision of asbestos removal work—the VET course Supervise asbestos removal; or
(e) in relation to asbestos assessor work—the VET course Conduct asbestos assessment associated with removal; or
(f) in relation to high risk work—the relevant VET course specified in Schedule 4;
steam turbine means equipment that is driven by steam acting on a turbine or rotor to cause a rotary motion;
structure, in Chapter 6—see regulation 290;
substance, in Chapter 7 Part 1, means a chemical element or compound in its natural state or obtained or generated by a process—
(a) including any additive necessary to preserve the stability of the element or compound and any impurities deriving from the process; but
(b) excluding any solvent that may be separated without affecting the stability of the element or compound, or changing its composition;
supplier, in relation to plant, a substance or a structure, has the same meaning as it has in section 25 of the Act;
surrounding area, in relation to a facility, means the area surrounding the facility in which the health and safety of persons could potentially be adversely affected by a major incident occurring;
suspended scaffold means a scaffold incorporating a suspended platform that is capable of being raised or lowered when in use;
technical name, in the definition of chemical identity, means a name that is—
(a) ordinarily used in commerce, regulations and codes to identify a substance or mixture, other than an International Union of Pure and Applied Chemistry or Chemical Abstracts Service name; and
(b) recognised by the scientific community;
temporary work platform means—
(a) a fixed, mobile or suspended scaffold; or
(b) an elevating work platform; or
(c) a mast climbing work platform; or
(d) a work box supported by a crane, hoist, forklift truck or other form of mechanical plant; or
(e) building maintenance equipment, including a building maintenance unit; or
(f) a portable or mobile fabricated platform; or
(g) any other temporary platform that—
(i) provides a working area; and
(ii) is designed to prevent a fall;
theatrical performance means acting, singing, playing a musical instrument, dancing or otherwise performing literary or artistic works or expressions of traditional custom or folklore;
threshold quantity, in relation to a Schedule 15 chemical, means—
(a) the threshold quantity of a specific hazardous chemical as determined under clause 3 of Schedule 15; or
(b) the aggregate threshold quantity of 2 or more hazardous chemicals as determined under clause 4 of Schedule 15;
tower crane means—
(a) a crane that has a boom or a jib mounted on a tower structure; and
(b) in Schedule 3—
(i) the crane, if a jib crane, may be a horizontal or luffing jib type; and
(ii) the tower structure may be demountable or permanent,
but does not include a self‑erecting tower crane;
tractor means a motor vehicle whether wheeled or track mounted, designed to provide power and movement to any attached machine or implement by a transmission shaft, belt or linkage system but does not include earthmoving machinery;
trench means a horizontal or inclined way or opening—
(a) the length of which is greater than its width and greater than or equal to its depth; and
(b) that commences at and extends below the surface of the ground; and
(c) that is open to the surface along its length;
tunnel means an underground passage or opening that—
(a) is approximately horizontal; and
(b) commences at the surface of the ground or at an excavation;
UN number has the same meaning as it has in Attachment 2 of the ADG Code;
vehicle hoist means a device to hoist vehicles designed to provide access for under‑chassis examination or service;
vehicle loading crane means a crane mounted on a vehicle for the purpose of loading and unloading the vehicle;
VET course has the same meaning as it has in the National Vocational Education and Training Regulator Act 2011 of the Commonwealth;
WHS management plan, in relation to a construction project, means a management plan prepared or revised under Chapter 6 Part 4;
winder, in Chapter 10, means any plant that is used to move, by means of 1 or more ropes, conveyances in a shaft for the transport of persons, material or plant;
work box means a personnel carrying device, designed to be suspended from a crane, to provide a working area for a person elevated by and working from the device;
Workplace Exposure Standards for Airborne Contaminants means the Workplace Exposure for Airborne Contaminants published by Safe Work Australia on its website on 18 April 2013 as in force or remade from time to time;
work positioning system means any plant or structure, other than a temporary work platform, that enables a person to be positioned and safely supported at a location for the duration of the relevant work being carried out.
6—Determination of safety management system
The regulator may make a determination for the purposes of the definition of certified safety management system.
7—Meaning of person conducting a business or undertaking: persons excluded
(1) For the purposes of section 5(6) of the Act, a strata title body corporate that is responsible for any common areas used only for residential purposes may be taken not to be a person conducting a business or undertaking in relation to those premises.
(2) Subregulation (1) does not apply if the strata title body corporate engages any worker as an employee.
(3) For the purposes of section 5(6) of the Act, an incorporated association may be taken not to be a person conducting a business or undertaking if the incorporated association consists of a group of volunteers working together for 1 or more community purposes where—
(a) the incorporated association, either alone or jointly with any other similar incorporated association, does not employ any person to carry out work for the incorporated association; and
(b) none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the incorporated association.
strata title body corporate means—
(a) a strata corporation within the meaning of the Strata Titles Act 1988; or
(b) a community corporation within the meaning of the Community Titles Act 1996.
8—Meaning of supply
For the purposes of section 6(3)(b) of the Act, a supply of a thing does not include the supply of a thing by a person who does not control the supply and has no authority to make decisions about the supply.
1 An auctioneer who auctions a thing without having possession of the thing.
2 A real estate agent acting in his or her capacity as a real estate agent.
8A—Meaning of emergency services worker
Pursuant to paragraph (e) of the definition of emergency services worker in section 4 of the Act, a person engaged in the provision of emergency ambulance services on behalf of SA Ambulance Service Inc under section 57 of the Health Care Act 2008 is brought within the ambit of the definition.
8B—Meaning of dangerous goods
For the purposes of the definition of dangerous goods in Schedule 1 of the Act, the following are prescribed:
(a) anything that is a dangerous good within the meaning of the Dangerous Substances (Dangerous Goods Transport) Regulations 2008;
(b) a good of a kind that is described in column 2 of the table in regulation 328(3).
8C—Meaning of high risk plant
For the purposes of the definition of high risk plant in Schedule 1 of the Act, plant specified in Schedule 5 Part 2 that is required to be registered under Chapter 5 Part 3 is prescribed.
8D—Infringement offences
An offence against these regulations for which an expiation fee is prescribed is declared to be an infringement offence for the purposes of the Act.
9—Provisions linked to health and safety duties in Act
If a note at the foot of a provision of these regulations states "WHS Act" followed by a reference to a section number, the regulation provision sets out the way in which a person's duty or obligation under that section of the Act is to be performed in relation to the matters and to the extent set out in the regulation provision.
A failure to comply with a duty or obligation under a section of the Act referred to in a "WHS Act" note is an offence to which a penalty applies.